12. Assignment of Proceeding

Michael R. Peevey is the assigned Commissioner and Sarah R. Thomas is the assigned Administrative Law Judge in this proceeding.

Findings of Fact

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

2. The Mackintoshes acted both out of self-interest and for a broader purpose. We award compensation because even though the Mackintoshes acted in part out of self-interest by preventing a transmission line from crossing their property, they also acted to preserve a scenic valley for other residents and travelers in the area.

3. The issue of PacifiCorp's right to entry regarding the Mackintoshes' property relates only to the Mackintoshes' interests.

4. The Mackintoshes' work on the issue of "construction of the Mackintoshes' road" constituted self-interested effort.

5. The Mackintoshes' request for $494.29 for recovery of "rush" filing fees is excessive.

6. The Mackintoshes spent an excessive amount of time on preparing their intervenor compensation request.

7. The Mackintoshes made substantial contributions to D.07-12-018 as described herein.

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

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

10. The total reasonable compensation is $31,637.76.

11. The appendix to this opinion 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. We should disallow compensation for purely self-interested efforts: PacifiCorp's right to entry on the Mackintoshes' property, and issues related to "construction of the Mackintoshes' road."

4. It is inappropriate to compensate the Mackintoshes for a flat 5% administrative fee assessed by their law firm. We do not allow an additional award for administrative overhead.

5. We should disallow compensation for "rush filing fees" since the Commission had an e-filing system in place during the relevant period that would have obviated the need for such fees.

6. We should disallow compensation for 2/3 of the time the Mackintoshes' attorneys spent on preparing their intervenor compensation request because such time was excessive.

7. 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.07-12-018.

8. The Mackintoshes should be awarded $31,637.76 for their contribution to D.07-12-018.

9. This order 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 $31,637.76 as compensation for their substantial contributions to Decision 07-12-018.

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 April 20, 2008, the 75^th day after the filing date of the Mackintoshes' request for compensation, and continuing until full payment is made.

3. Application (A.) 05-12-011 and A.07-01-046 are closed.

This order is effective today.

Dated September 18, 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

Intervenor Information

Advocate Information

(END OF APPENDIX)