8. Assignment of Proceeding
Carl Wood is the Assigned Commissioner and ALJ Jean Vieth10 is the assigned ALJ in this proceeding.
Findings of Fact
1. GLIF has made a timely request for compensation for its contribution to D.01-04-037.
2. GLIF contributed substantially to D.01-04-037.
3. GLIF's participation (after certain hours are disallowed, as set forth in the foregoing Opinion) was productive.
4. GLIF's financial hardship showing relies on the findings of a recent Commission decision.
5. GLIF's hours allocated to general for preparation, research, etc., are fully productive.
6. Hours claimed for billing, tariff, other disclosure and false advertising are productive if reduced by 50% because although GLIF prevailed on many remedies, remedies were only one third of the issues addressed in this proceeding. The hours claimed are only reduced by 50% because some of the efforts related to deceptive practices were useful to demonstrate that remedies were appropriate.
7. The reductions reflect that GLIF's primary purpose in filing this complaint was to prove illegal conduct and that the Commission denied that allegation in D.01-04-037.
8. GLIF has requested compensation for time spent by Witteman on the General Order 96-B rulemaking and has included time spent by paralegals in Witteman's fee request. We reduce Witteman's hours accordingly.
9. GLIF has requested a new hourly rate for attorney Witteman and has provided support for that increase. Witteman's hourly rate for 1999 for this proceeding is set at $245/hour.
10. GLIF has requested a new hourly rate for expert Gamboa and has provided support for that increase. Gamboa's hourly rate for 1999 as an expert is set at $150/hour.
11. Hourly rates requested here for Brown and Gnaizda are in accord with those set in D.02-08-022 and those previously approved rates are appropriate.
12. GLIF has requested hourly rates for Phillips and Hargadon previously approved by the Commission.
13. GLIF has requested $2,452.92 for administrative time, which we will not allow. Consistent with Commission precedent, e.g., D.00-04-011, our professional for awards are assumed to include administrative and clerical overhead.
14. The other miscellaneous costs incurred by GLIF are supported in its request for compensation and should be allowed.
1. GLIF has fulfilled the requirements of §§ 1801-1812 except as described in the foregoing findings.
2. Consistent with standards governing substantial contribution and productivity, GLIF's professional hours are reduced as described herein.
3. GLIF should be awarded $229,785.34 for its contribution to D.01-04-037.
4. 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.
5. This order should be effective today so that GLIF may be compensated without unnecessary delay.
ORDER
IT IS ORDERED that:
1. The Greenlining Institute and Latino Issues Forum (jointly GLIF) is awarded $229,785.34 in compensation for its substantial contribution to D.01-04-037.
2. Pacific Bell Telephone Company and Pacific Bell Information Services shall pay GLIF the award granted by Ordering Paragraph 1. Payment shall be made within 30 days of the effective date of this order. GLIF shall also receive interest on the award at the rate earned on prime, three-month commercial paper, as reported in Federal Reserve Statistical Release H.15, beginning with the 75th day after June 18, 2001, the date the request was filed.
3. The comment period for today's decision is waived.
4. This proceeding is closed.
This order is effective today.
Dated March 13, 2003, at San Francisco, California.
MICHAEL R. PEEVEY
President
CARL W. WOOD
LORETTA M. LYNCH
GEOFFREY F. BROWN
SUSAN P. KENNEDY
Commissioners
Compensation Decision(s): |
D0303022 |
Contribution Decision(s): |
D0104037 |
Proceeding(s): |
C9901039 |
Author: |
ALJ Vieth |
Payer(s): |
Pacific Bell Telephone Company |
Intervenor Information
Intervenor |
Claim Date |
Amount Requested |
Amount Awarded |
Reason Change/Disallowance |
Greenlining Institute/Latino Issues Forum |
6/18/01 |
$392,966.75 |
$229,785.34 |
Work performed in another proceeding; failure to prevail; failure to justify hourly rate; failure to discount intervenor compensation preparation time; increase in hourly rate; undocumented costs |
Advocate Information
First Name |
Last Name |
Type |
Intervenor |
Hourly Fee Requested |
Year Hourly Fee Requested |
Hourly Fee Adopted |
Christopher |
Witteman |
Attorney |
Greenlining Institute/ Latino Issues Forum |
$250 |
1999 |
$245 |
Susan |
Brown |
Attorney |
Greenlining Institute/ Latino Issues Forum |
$260 |
1999 |
$275 |
Robert |
Gnaizda |
Attorney |
Greenlining Institute/ Latino Issues Forum |
$300 |
1999 |
$300 |
John |
Gamboa |
Policy Expert |
Greenlining Institute/ Latino Issues Forum |
$250 |
1999 |
$150 |
Michael |
Phillips |
Policy Expert |
Greenlining Institute/ Latino Issues Forum |
$250 |
1999 |
$250 |
Thomas |
Hargadon |
Policy Expert |
Greenlining Institute/ Latino Issues Forum |
$250 |
1999 |
$250 |
