John A. Bohn is the assigned Commissioner and Michael J. Galvin is the assigned ALJ in this proceeding.
1. Aglet-TURN satisfied all of the procedural requirements necessary to claim compensation in this proceeding.
2. Aglet-TURN requested $150,185 for their joint participation in this proceeding.
3. A substantial contribution is made if one or more of the factual or legal contentions, or specific policy or procedural recommendation put forth by a customer is adopted. (§ 1802(i).)
4. A substantial contribution is also made if the customer's contentions or recommendations materially supplemented, complemented, or contributed to the presentation of another party or to the development of a fuller record that assisted the Commission in making a decision. (§ 1802.5.)
5. Aglet-TURN requested compensation for its claimed contribution to the decision regarding general work, financial modeling effects, risk analysis, pension returns, credit quality, and SDG&E capital structure.
6. SCE filed a March 20, 2008 response to Aglet-TURN's compensation request.
7. D.07-12-049 concluded that the reasonableness of Aglet-Turn's financial model results could not be determined and that only minimal weight should be given to their financial model results.
8. Aglet-TURN did not prevail in its pension return issue.
9. Aglet-TURN made substantial contributions to D.07-12-049, as described herein.
10. Aglet-TURN requested an increase of the 2007 hourly rate for Marcus to $235 from $220 and the hourly rate for Weil in 2008 to $300 from $280.
11. Aglet-TURN requested related expenses that are reasonable and commensurate with the work performed.
12. The total of these reasonable fees and costs is $102,373.
13. The attachment to this opinion summarizes today's award.
1. Aglet-TURN fulfilled the requirements of Pub. Util. Code §§ 1801-1812, which govern awards of intervenor compensation, and are entitled to intervenor compensation for their claimed fees and expenses incurred in making substantial contribution to D.07-12-049.
2. Aglet-TURN's financial modeling efforts did not substantially contribute to a decision and did not materially supplement, complement, or contribute to the presentation of another party that substantially contributed to a decision.
3. Aglet-TURN substantially contributed to a decision on PG&E's non-utility financial model, Fama French Model, risk analysis, credit quality, and SDG&E capital structure proposal.
4. Aglet-TURN did not substantially contribute to the pension return issue in this proceeding.
5. The hourly rate for Marcus in 2007 should be increased to $235 from $220.
6. The hourly rate for Weil in 2008 should be increased to $300 from $280.
7. Aglet-TURN should be awarded $102,373 for contributions to D.07-12-049.
8. SDG&E should be required to compensate Aglet-TURN for their substantial contribution on the SDG&E capital structure issue.
9. SCE, SDG&E, and PG&E should be required to compensate Aglet-TURN for their substantial contribution on their general, financial models and workshop, risk analysis, credit quality, NOI, and compensation request in proportion to the utilities respective 2007 jurisdictional electric and gas revenues.
10. Per Rule 14.6(c)(6), the comment period for this compensation decision may be waived.
11. So that Aglet-TURN's award may be paid promptly, today's order should be made effective immediately.
IT IS ORDERED that:
1. Aglet Consumer Alliance (Aglet) and The Utility Reform Network (TURN) are jointly awarded $102,373 as compensation for their substantial contributions to Decision 07-12-049.
2. The hourly rate for Marcus in 2007 is increased to $235 from $220 and the hourly rate for Weil in 2008 is increased to $300 from $280.
3. Within 30 days of the effective date of this decision, San Diego Gas & Electric Company (SDG&E) shall pay Aglet $6,377 for their substantial contribution to the SDG&E capital structure issue in this proceeding. Aglet shall disburse this award between Aglet and TURN as appropriate. SDG&E shall also pay interest on the award at the rate earned on prime, three-month commercial paper, as reported in Federal Reserve Statistical Release H.15 commencing May 5, 2008 and continuing until full payment is made.
4. Within 30 days of the effective date of this decision, Southern California Edison Company (SCE), SDG&E, and Pacific Gas and Electric Company (PG&E), shall pay Aglet $95,996 in proportion to their respective 2007 jurisdictional electric and gas revenues within 30 days of the effective date of this order. SCE, SDG&E, and PG&E shall pay their full shares of the award to Aglet, and Aglet shall disburse the portions between Aglet and TURN as appropriate. PG&E, SCE, SDG&E, and PG&E shall also pay interest on the award at the rate earned on prime, three-month commercial paper, as reported in Federal Reserve Statistical Release H.15 commencing May 5, 2008 and continuing until full payment is made.
5. The comment period for today's decision is waived.
6. This consolidated proceeding remains open to address a Rule 13.1 violation.
This order is effective today.
Dated May 29, 2008, at San Francisco, California.
MICHAEL R. PEEVEY
President
DIAN M. GRUENEICH
JOHN A. BOHN
RACHELLE B. CHONG
TIMOTHY ALAN SIMON
Commissioners
APPENDIX
Compensation Decision: |
D0805033 |
Contribution Decision(s): |
D0712049 |
Proceeding(s): |
A0705003, A0705007, A0705008 |
Author: |
ALJ Galvin |
Payer(s): |
Southern California Edison Company, San Diego Gas & Electric Company, and Pacific Gas and Electric Company |
Intervener Information
Intervener |
Claim Date |
Amount Requested |
Amount Awarded |
Multiplier? |
Reason Change/Disallowance |
Aglet Consumer Alliance and The Utility Reform Network (Aglet-TURN) |
2/19/2008 |
$150,185 |
$102,373 |
No |
Disallowed Aglet-TURN's work on financial models and pension returns. |
Advocate Information
First Name |
Last Name |
Type |
Intervenor |
Hourly Fee Requested |
Year Hourly Fee Requested |
Hourly Fee Adopted |
James |
Weil |
Advocate |
Aglet |
$280 $300 |
2007 2008 |
$280 $300 |
William |
Marcus |
Analysis |
TURN |
$235 |
2007 |
$235 |
Hayley |
Goodson |
Attorney |
TURN |
$210 |
2007 |
$210 |
Marcel |
Hawiger |
Attorney |
TURN |
$300 |
2007 |
$300 |
Ray |
Czahar |
Analysis |
Aglet |
$220 |
2007 |
$220 |
Jan |
Reid |
Analysis |
Aglet |
$170 $185 |
2007 2008 |
$170 None |
Garrick |
Jones |
Analysis |
TURN |
$110 |
2007 |
None |
(END OF APPENDIX)