9. Assignment of Proceeding

Geoffrey F. Brown is the Assigned Commissioner, and A. Kirk McKenzie is the assigned ALJ in this proceeding.

Findings of Fact

1. TURN has met all of the procedural requirements necessary to claim compensation in this proceeding.

2. AECA sent its compensation request by electronic mail and First Class United States Mail to the Commission on August 15, 2005, the final filing date allowed by our rules, but the request was not received in the Commission's Docket Office until several days thereafter.

3. On August 24, 2005, AECA filed a motion asking that its compensation request be accepted for late filing.

4. D.05-06-016 concluded that AECA had met all of the eligibility requirements for seeking intervenor compensation except a showing of financial hardship.

5. In D.95-02-093, D.96-02-011, D.96-08-040 and D.96-11-048, the Commission concluded that for AECA customers with annual electric bills of less than $50,000, the estimated costs of participating in the related proceedings outweighed the savings that such customers were likely to realize from participation, and that this situation satisfied the definition of financial hardship set forth in Pub. Util. Code § 1802(g).

6. The Commission has also applied the $50,000 annual electricity bill test to determine financial hardship in D.02-06-014 and D.03-09-067.

7. The monetary benefits from participating in these proceedings that would accrue to AECA members with annual electric bills of less than $50,000 are difficult to quantify but clearly modest.

8. In view of the fact that participation in this proceeding would have cost about $216 for each AECA member with an electric bill of less than $49,000, it is likely that few, if any, such members would have participated due to the modest benefits they would receive.

9. For AECA members with annual electric bills of $49,000 or less, participation in this proceeding would have constituted a significant financial hardship within the meaning of Pub. Util. Code § 1802(g).

10. 740 of AECA's 957 members, or 77.3%, have annual electric bills of $49,000 or less.

11. Prior to execution of the March 30, 2005 joint settlement agreement approved in D.05-06-016, TURN and AECA were adversaries in the underlying proceedings.

12. As discussed herein, AECA made a substantial contribution to D.05-06-016.

13. As discussed herein, TURN also made a substantial contribution to D.05-06-016.

14. Both TURN and AECA have requested hourly rates for attorneys and experts that, as adjusted herein, are reasonable when compared to the market rates for persons with similar training and experience and the guidelines set forth in D.05-11-031.

15. The total amount of reasonable compensation for TURN is $46,277.58.

16. The total amount of reasonable compensation for AECA is $69,131.27.

17. The appendix to this opinion summarizes today's award.

Conclusions of Law

1. AECA's August 24, 2005 motion asking that its request for compensation be accepted for late filing should be granted.

2. AECA 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 compensation, as adjusted herein, incurred in making a substantial contribution to D.05-06-016.

3. AECA should be awarded $69,131.27, or 77.3% of its adjusted request, for its substantial contribution to D.05-06-016.

4. TURN has also fulfilled the requirements of Pub. Util. Code §§ 1801-1812 and is entitled to intervenor compensation for its claimed compensation, as adjusted herein, incurred in making a substantial contribution to D.05-06-016.

5. TURN should be awarded $46,277.58 for its substantial contribution to D.05-06-016.

6. In accordance with Rule 77.7(f)(6), the comment period for this compensation decision may be waived.

7. This order should be effective today so that TURN and AECA may be compensated without further delay.

ORDER

IT IS ORDERED that:

1. The August 24, 2005 motion of the Agricultural Energy Consumers Association (AECA) for late filing of its compensation request dated August 15, 2005 is granted.

2. AECA is awarded $69,131.27 as compensation for its substantial contribution to Decision (D.) 05-06-016.

3. The Utility Reform Network (TURN) is awarded $46,277.58 as compensation for its substantial contribution to D.05-06-016.

4. Within 30 days of the effective date of this decision, Pacific Gas and Electric Company shall pay 75%, and Southern California Edison Company shall pay 25%, of the amounts awarded herein. Payment of these awards shall include interest at the rate earned on prime, three-month commercial paper as reported in Federal Reserve Statistical Release H.15, beginning October 30, 2005, the 75^th day after the submission date of the TURN and AECA requests for compensation, and continuing until full payment is made.

5. In view of the significance of the issue raised, a limited exception should be made to the rule against accepting comments on draft decisions as to which comments have been waived, and AECA's April 21, 2006 comments on the draft decision herein shall be accepted for filing.

6. Applications (A.) 04-11-007 and A.04-11-008 are closed.

This order is effective today.

Dated April 27, 2006, at San Francisco, California.

MICHAEL R. PEEVEY

President

GEOFFREY F. BROWN

DIAN M. GRUENEICH

JOHN A. BOHN

RACHELLE B. CHONG

Commissioners

APPENDIX

Compensation Decision Summary Information

Compensation Decision:	D0604065	Modifies Decision? N
Contribution Decision(s):	D0506016
Proceeding(s):	A0411007/A0411008
Author:	ALJ McKenzie
Payer(s):	Pacific Gas and Electric Company, Southern California Edison Company

Intervenor Information

Intervenor	Claim Date	Amount Requested	Amount Awarded	Multiplier?	Reason Change/Disallowance
Agricultural Energy Consumers Association	8/15/05	$90,841.04	$69,131.27	No	Failure to justify hourly rates; failure to discount travel and intervenor compensation preparation time; arithmetic error
The Utility Reform Network	8/15/05	$47,515.08	$46,277.58	No	Failure to justify hourly rates; arithmetic error

Advocate Information

First Name	Last Name	Type	Intervenor	Hourly Fee Requested	Year Hourly Fee Requested	Hourly Fee Adopted
Peter	Hanschen	Attorney	Agricultural Energy Consumers Association	$575	2004	$340
Peter	Hanschen	Attorney	Agricultural Energy Consumers Association	$595	2005	$350
Richard	McCann	Policy Expert	Agricultural Energy Consumers Association	$160	2004	$160
Richard	McCann	Policy Expert	Agricultural Energy Consumers Association	$175	2005	$175
Steven	Moss	Policy Expert	Agricultural Energy Consumers Association	$175	2005	$175
Eric	Cutter	Policy Expert	Agricultural Energy Consumers Association	$110	2004	$110
Michael	Boccadoro	Policy Expert	Agricultural Energy Consumers Association	$150	2004	$150
Michael	Boccadoro	Policy Expert	Agricultural Energy Consumers Association	$150	2005	$150
Dan	Geis	Policy Expert	Agricultural Energy Consumers Association	$125	2004	$125
Dan	Geis	Policy Expert	Agricultural Energy Consumers Association	$125	2005	$125
Nina	Suetake	Attorney	The Utility Reform Network	$190	2004	$190
Nina	Suetake	Attorney	The Utility Reform Network	$190	2005	$190
Marcel	Hawiger	Attorney	The Utility Reform Network	$270	2004	$270
Marcel	Hawiger	Attorney	The Utility Reform Network	$320	2005	$270
Jeffrey	Nahigian	Policy Expert	The Utility Reform Network	$140	2004	$140
Jeffrey	Nahigian	Policy Expert	The Utility Reform Network	$155	2005	$155

(END OF APPENDIX)