3. Discussion

We have a well-established policy regarding the payment of per diem compensation to members of boards and committees ("committees"). The policy is set forth in D.00-10-028, D.98-07-098, D.98-02-040, D.97-12-105, D.97-12-104, D.97-09-117, and D.97-03-069. The components of this policy are as follows:

· Per diem is not paid to committee members who are employees of (1) public utilities, (2) State governmental agencies, or (3) organizations with funding available to support the member's participation in the committee.

· Per diem is not paid directly to committee members who are employees of a non-State governmental agencies, trade associations, or community-based organizations. Instead, per diem is paid to the member's employer unless the member can show justification for receiving the per diem.

· The amount of per diem is $300 for each day of meetings, and $200 if the meeting lasts for less than approximately two hours. There is no monthly cap on the amount of per diem.

· There is no per diem for preparation work or meetings of any subcommittees.

· Committee members are not eligible to receive intervenor compensation pursuant to Pub. Util. Code § 1801 et seq., for their work related to the committee.

· A Program Manager or equivalent level approves payment of claims for per diem.

We conclude that it is fair and reasonable for the members of the DDTPAC, CRSAC, and EPAC to receive per diem in accordance with the policy set forth in D.00-10-028, D.98-07-098, D.98-02-040, D.97-12-105, D.97-12-104, D.97-09-117, and D.97-03-069. Claims for per diem compensation shall be approved by a Program Manager, or equivalent level, in the Commission's Telecommunications Division. Funds to pay the per diem shall come from the DDTP budget. Future audits of the DDTP should be expanded to include an examination of the veracity and accuracy of claims for per diem.

The DDTPAC, CRSAC, and EPAC shall revise their governing documents to reflect today's decision. The Committees shall provide a draft of the revised documents to the Director of the Telecommunications Division no later than 90 days from the effective date of this decision. The Director, after consulting with the Legal Division, shall prepare for our consideration one or more resolutions regarding the adoption of the revised governing documents.