5. Award
We award Aglet $ 100,147.63. Our calculation is based on fees the hourly rate as described above plus other costs.
We will assess responsibility for payment equally among PG&E and Edison, for the original request, but will assess Edison for all of our adopted costs for Aglet's response to Edison ($964.23).
Consistent with previous Commission decisions, we will order that interest be paid on the award amount (calculated at the three-month commercial paper rate), commencing August 11,2001 (the 75th day after Aglet filed its compensation request) and continuing until each utility makes its full payment of award.
As in all intervenor compensation decisions, we put Aglet on notice that the Commission Staff may audit Aglet's records related to this award. Thus, Aglet must make and retain adequate accounting and other documentation to support all claims for intervenor compensation. Aglet's records should identify specific issues for which it requests compensation, the actual time spent by each employee, the applicable hourly rate, fees paid to consultants, and any other costs for which compensation may be claimed.
1. Aglet has made a timely request for compensation for its contribution to D.01-03-081, D.01-03-082, D.01-04-005 and D.01-05-064 in this proceeding.
2. Aglet has made a showing of significant financial hardship by demonstrating the economic interests of its individual members would be extremely small compared to the costs of participating in this proceeding.
3. Aglet contributed substantially to D.01-02-081, D.01-03-082, D.01-04-005, and D.01-05-064.
4. Aglet has requested hourly rates for attorneys and experts that, without the risk premium, are no greater than the market rates for individuals with comparable training and experience.
5. Aglet has requested hourly rates for its expert James Weil that, without the risk premium, have already been approved by the Commission.
6. $220 per hour is a reasonable compensation rate for James Weil's professional services considering his experience, effectiveness, and rates paid other experts.
7. The miscellaneous costs incurred by Aglet are reasonable.
8. Edison filed an opposition to Aglet's compensation request which was filed one day later than required.
1. Aglet has fulfilled the requirements of §§ 1801-1812 which govern awards of intervenor compensation.
2. Aglet should be awarded $100,147.63 for its substantial contribution to D.01-03-081, D.01-03-082, D.01-04-005, and D.01-05-064.
3. Per Rule 77.7(f)(6) of the Commission's Rules of Practice and Procedure, the comment period for this compensation decision may be waived.
4. This order should be effective today so that Aglet may be compensated without unnecessary delay.
IT IS ORDERED that:
1. Aglet is awarded $100,147.63 in compensation for its substantial contribution to Decision (D.) 01-03-081, D.01-03-082, D.01-04-005 and D.01-05-064.
2. Pacific Gas and Electric Company (PG&E) shall pay Aglet $49,591.70 and Southern California Edison Company (Edison) shall pay Aglet $50, 555.93, within 30 days of the effective date of this order. PG&E and Edison shall also pay interest on the award at the rate earned on prime, three-month commercial paper, as reported in Federal Reserve Statistical Release G.13, with interest, beginning August 11, 2001 and continuing until full payment is made.
3. The comment period for today's decision is waived.
This order is effective today.
Dated November 29, 2001 at San Francisco, California.
LORETTA M. LYNCH
President
HENRY M. DUQUE
RICHARD A. BILAS
CARL W. WOOD
GEOFFREY F. BROWN
Commissioners
