12. Assignment of Proceeding

Michael R. Peevey is the assigned Commissioner and Sarah R. Thomas is the assigned ALJ in this proceeding.

Findings of Fact

1. The Mackintoshes have satisfied all the procedural requirements necessary to claim compensation in this proceeding.

2. No one was harmed by the late filing of the NOI.

3. The Mackintoshes acted both out of self-interest and for a broader purpose.

4. The Mackintoshes made substantial contributions to D.07-03-043 and D.06-10-047 as described herein.

5. The Mackintoshes' attorneys charged a flat 5% administrative overhead fee in addition to their hourly rate. The amount the attorneys charged based on this fee is $11,404.38.

6. The requested amount of 138.8 hours for work performed on the intervenor compensation request is excessive, especially given the extra work the request required of us.

7. The Mackintoshes request compensation for more than 35 hours of attorney time spent on their opposition to PacifiCorp's January 31, 2007 Motion to Shorten Comment and Review Period.

8. The Mackintoshes used a large number of attorneys on this case-at least 14 by their own admission.

9. The Mackintoshes request hourly rates that, as adjusted herein, are reasonable when compared to the market rates for persons with similar training and experience.

10. The Mackintoshes requested related expenses that, as adjusted herein, are reasonable and commensurate with the work performed, with the exceptions noted in this decision.

11. The total reasonable compensation is $214,342.10.

12. The appendix to this decision summarizes today's award.

Conclusions of Law

1. The Mackintoshes may receive compensation despite their late filing of the NOI.

2. The Mackintoshes meet the definition of a customer pursuant to Pub. Util. Code § 1802(b)(1)(A).

3. The Mackintoshes have fulfilled the requirements of Pub. Util. Code §§ 1801-1812, which govern awards of intervenor compensation, and are entitled to intervenor compensation for their claimed expenses, as adjusted herein, incurred in making substantial contributions to D.07-03-043 and D.06-10-047.

4. The hourly rate charged by attorneys seeking recovery for intervenor compensation should cover all overhead and administrative costs; we do not allow an additional award for administrative overhead.

5. Efforts the Mackintoshes expended purely on determining their own legal rights are not compensable as part of their substantial contribution to this proceeding.

6. We should disallow two-thirds of the claimed time for preparation of the intervenor compensation request because the claimed amount of time-138.8 hours-is excessive in comparison to other intervenor compensation requests, especially since the ALJ had to revise the request to work with it.

7. Spending more than 35 hours on preparing a seven-page response to a procedural motion is excessive. We should adjust the time by reducing by one-half the 23.8 hours spent on the opposition by attorney James and the 11.2 hours by attorney Woodruff.

8. The Mackintoshes' expenses on an unsuccessful attempt to organize neighbors to challenge PacifiCorp's project are not compensable.

9. Intervenors' expenses to attend the Commission's business meeting on March 15, 2007, at which they could not have spoken as parties to the proceeding, are not compensable.

10. While the "learning curve" time of one or even a few attorneys may sometimes be compensable, compensating for the learning time of 14 attorneys is excessive for a case of this size. We should reduce the claimed amount of attorney fees for professionals who did not work on this proceeding over a long period of time to compensate for this inefficiency.

11. The Mackintoshes bear the burden of proof that they are entitled to compensation, and they failed to meet the burden of proving that Mr. Mackintosh is an expert eligible for compensation. It is appropriate to deduct the $6,000 the Mackintoshes claim for compensation to Mr. Mackintosh due to this failure to meet the burden of proof.

12. It is not clear whether an intervenor who acts in part out of self interest may recover for his own time working on a proceeding.

13. The Mackintoshes should be awarded $214,342.10 for their contribution to D.07-03-043 and D.06-10-047.

14. This decision should be effective today so that the Mackintoshes may be compensated without further delay.

ORDER

IT IS ORDERED that:

1. Don and Judy Mackintosh (the Mackintoshes) are awarded $214,342.10 as compensation for their substantial contributions to Decision (D.) 07-03-043 and D.06-10-047.

2. Within 30 days of the effective date of this decision, PacifiCorp shall pay the Mackintoshes the total amount of the award. Payment of the award shall include interest at the rate earned on prime, three-month commercial paper as reported in Federal Reserve Statistical Release H.15, beginning November 24, 2007, the 75^th day after the filing date of the Mackintoshes' request for compensation, and continuing until full payment is made.

This order is effective today.

Dated July 10, 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 Summary Information

Compensation Decision:	D0807019	Modifies Decision? No
Contribution Decision(s):	D0703043, D0610047
Proceeding(s):	A0512011, A0701046
Author:	ALJ Thomas
Payer(s):	PacifiCorp

Intervenor Information

Intervenor	Claim Date	Amount Requested	Amount Awarded	Multiplier?	Reason Change/ Disallowance
Don and Judy Mackintosh	09/10/07	$267,600.78	$214,342.10	No	Self-interest effort expenses, excessive hours, inefficient work, non-compensable expenses (administrative fees, lodging); adjusted hourly rates.

Advocate Information

First Name	Last Name	Type	Intervenor	Hourly Fee Requested	Year Hourly Fee Requested	Hourly Fee Adopted
Sky	Woodruff	Attorney	Don and Judy Mackintosh	$250	2006	$250
Sky	Woodruff	Attorney	Don and Judy Mackintosh	$270	2007	$270
Amrit S.	Kulkarni	Attorney	Don and Judy Mackintosh	$250	2006	$250
Amrit S.	Kulkarni	Attorney	Don and Judy Mackintosh	$270	2007	$260
Kyle	La Londe	Attorney	Don and Judy Mackintosh	$225	2006	$205
Steven D.	Berninger	Attorney	Don and Judy Mackintosh	$225	2006	$225
Brian F.	Crossman	Attorney	Don and Judy Mackintosh	$195	2006	$170
Brian F.	Crossman	Attorney	Don and Judy Mackintosh	$200	2007	$175
Chrystal B.	James	Attorney	Don and Judy Mackintosh	$225	2006	$205
Chrystal B.	James	Attorney	Don and Judy Mackintosh	$230	2007	$210
Hammond	East	Paralegal	Don and Judy Mackintosh	$125	2006	$95
Hammond	East	Paralegal	Don and Judy Mackintosh	$130	2007	$100
William	Stephenson	Expert	Don and Judy Mackintosh	$225	2006	$215
Richard	Renouf	Expert	Don and Judy Mackintosh	$45	2006	$45