Assignment of Proceeding

President Michael R. Peevey is the Assigned Commissioner and Janet A. Econome is the assigned ALJ in this proceeding.

Findings of Fact

1. Solely for this proceeding, Greenlining's petition filed pursuant to § 1708.5 serves in substance as its NOI with respect to P.02-10-035 and R.03-02-035. This finding is limited to this proceeding only and is not precedent for future intervenors filing a §1708.5 petition.

2. Greenlining made a substantial contribution to P.02-10-035 and
D.03-11-024.

3. Greenlining's hourly rates for attorneys and experts as awarded in today's decision are reasonable when compared to the market rates for persons with similar training and experience.

4. Greenlining's requested costs are reasonable.

5. The total of these reasonable fees (derived from the awarded hourly rates) and costs is $31,450.44.

6. Greenlining's request for an advance authorization for reimbursement for its activities surrounding the workshop ordered by D.03-11-024 is premature.

7. Greenlining's request for costs for its anticipated audit of the utilities' 2003 WMDVBE reports is premature.

8. Greenlining fails to demonstrate factors adequately justifying its requested 50% multiplier.

Conclusion of Law

1. To the extent provided in the foregoing opinion and findings of fact, Greenlining has fulfilled the requirements of Pub. Util. Code §§ 1801-1812, which govern awards of intervenor compensation, and is entitled to intervenor compensation for its claimed fees and expenses incurred in making substantial contributions to P.02-10-035 and D.03-11-024.

2. This decision should be made effective immediately.

ORDER

IT IS ORDERED that:

1. The Greenlining Institute (Greenlining) is awarded $31,450.44 as compensation for its substantial contributions to Petition 02-10-035 and Decision (D.) 03-11-024 in this rulemaking.

2. Within 30 days of the effective date of this decision, Greenlining's award shall be paid from the intervenor compensation program fund, as described in D.00-01-020. Payments of the award shall include interest at the rate earned on prime, three-month commercial paper as reported in Federal Reserve Statistical Release H.15, beginning with March 19, 2004, the 75^th day after the filing date of Greenlining's request for compensation, and continuing until full payment is made.

3. This proceeding is closed.

This order is effective today.

Dated _____________, 2004, at San Francisco, California.

Compensation Decision:
Contribution Decision(s):	P0210035; D0311024
Proceeding(s):	P0210035; R0302035
Author:	ALJ Econome
Payer(s):	Commission

Intervenor Information

Intervenor	Claim Date	Amount Requested	Amount Awarded	Multiplier?	Reason Change/Disallowance
Greenlining Institute	January 9, 2004	$57,339.19	$ 31,450.44	No	Hours claimed for work performed outside of proceeding; failure to justify hourly rate; failure to justify multiplier; failure to discount travel time.

Advocate Information

First Name	Last Name	Type	Intervenor	Hourly Fee Requested	Year Hourly Fee Requested	Hourly Fee Adopted
Robert	Gnaizda	Attorney	Greenlining Institute	$450	2003	$450
Itzel	Berrío	Attorney	Greenlining Institute	$265	2002	$265
Itzel	Berrío	Attorney	Greenlining Institute	$290	2003	$275
John	Gamboa	Policy Expert	Greenlining Institute	$350	2003	$330
Nelly	Borromeo	Policy Expert	Greenlining Institute	$300	2003	$160
Noelle	Abastillas	Para-legal	Greenlining Institute	$90	2003	$ 90