9. Assignment of Proceeding
Dian M. Gruenich is the assigned Commissioner and David Gamson is the assigned ALJ in this proceeding.
1. NRDC has satisfied all the procedural requirements necessary to claim compensation in this proceeding.
2. CEC has satisfied all the procedural requirements necessary to claim compensation in this proceeding.
3. WEM has satisfied all the procedural requirements necessary to claim compensation in this proceeding.
4. Greenlining has satisfied all the procedural requirements necessary to claim compensation in this proceeding.
5. NRDC made a substantial contribution to D.08-09-040 as described herein.
6. CEC made a substantial contribution to D.08-09-040 as described herein.
7. CEC made a substantial contribution to D.08-07-047 as described herein.
8. WEM made a substantial contribution to D.08-09-040 as described herein.
9. Greenlining made a substantial contribution to D.08-09-040 as described herein.
10. NRDC requested hourly rates for its representatives that are reasonable when compared to the market rates for persons with similar training and experience.
11. CEC requested an hourly rate for its representative that was not reasonable when compared to the market rates for persons with similar training and experience. A reasonable 2008 hourly rate for June is $290.
12. WEM requested hourly rate for its representative that was not reasonable when compared to the market rates for persons with similar training and experience. A reasonable 2008 hourly rate for Hunt is $290.
13. Greenlining requested hourly rates for its representatives that are not reasonable when compared to the market rates for persons with similar training and experience. A reasonable 2008 hourly rate for Gnaizda is $535 and for Kang is $180.
14. The total of the reasonable compensation to NRDC is $15,692.50.
15. The total of the reasonable compensation to CEC is $59,358.85.
16. The total of the reasonable compensation to WEM is $11,432.50.
17. The total of the reasonable compensation to Greenlining is $7,688.70.
18. The appendix to this decision summarizes today's reward.
1. NRDC has fulfilled the requirements of §§ 1801-1812, which govern awards of intervenor compensation, and is entitled to intervenor compensation for its claimed expenses incurred in making substantial contributions to D.08-09-040.
2. NRDC should be awarded $15,692.50 for its contribution to D.08-09-040.
3. CEC has fulfilled the requirements of §§ 1801-1812, which govern awards of intervenor compensation, and is entitled to intervenor compensation for its claimed expenses incurred in making substantial contributions to D.08-09-040 and D.08-07-047.
4. CEC should be awarded $59,358.85 for its contributions to D.08-07-047 and D.08-09-040.
5. WEM has fulfilled the requirements of §§ 1801-1802, which govern awards of intervenor compensation, and is entitled to intervenor compensation for its claimed expenses incurred in making substantial contributions to D.08-09-040.
6. WEM should be awarded $11,432.50 for its contribution to D.08-09-040.
7. Greenlining has fulfilled the requirements of §§ 1801-1802, which govern awards of intervenor compensation, and is entitled to intervenor compensation for its claimed expenses incurred in making substantial contributions to D.08-09-040.
8. Greenlining should be awarded $7,688.70 for its contribution to D.08-09-040.
9. This order should be effective today so that the intervenors may be compensated without further delay.
IT IS ORDERED that:
1. Natural Resources Defense Council is awarded $15,692.50 as compensation for its substantial contribution to Decision (D.) 08-09-040.
2. Community Environmental Council is awarded $59,358.85 as compensation for its contributions to D.08-09-040 and D.08-07-047.
3. Women's Energy Matters is awarded $11,432.50 as compensation for its contribution to D.08-09-040.
4. Greenlining Institute is awarded $7,688.70 as compensation for its contribution to D.08-09-040.
5. Within 30 days of the effective date of this decision, Pacific Gas and Electric Company, San Diego Gas & Electric Company, Southern California Gas Company, and Southern California Edison Company shall pay Natural Resources Defense Council, Community Environmental Council, Women's Energy Matters and Greenlining Institute their respective shares of the award. We direct Pacific Gas and Electric Company, San Diego Gas & Electric Company, Southern California Gas Company, and Southern California Edison Company to allocate payment responsibility among themselves, based on their California-jurisdictional gas and electric revenues for the 2008 calendar year, to reflect the year in which the work primarily occurred. 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 January 1, 2009
for CEC, January 4, 2009 for Women's Energy Matters, and February 1, 2009 for Natural Resources Defense Council and Greenlining Institute, the 75th day after the filing date of each intervenor's request for compensation, and continuing until full payment is made.
This order is effective today.
Dated June 4, 2009, 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: |
D0906016 |
Modifies Decision? NO |
Contribution Decision(s): |
D0807047; D0807047 | |
Proceeding(s): |
A0806004/R0807011 (D0809040); R0604010 (D0807047) | |
Author: |
ALJ David Gamson | |
Payer(s): |
Pacific Gas and Electric Company, San Diego Gas & Electric Company, Southern California Gas Company, and Southern California Edison Company | |
Intervenor Information
Intervenor |
Claim Date |
Amount Requested |
Amount Awarded |
Multiplier? |
Reason Change/Disallowance |
Natural Resources Defense Council |
11/18/08 |
$15,692.50 |
$15,692.50 |
||
Community Environmental Council |
10/17/08 |
$64,838.00 |
$59,358.85 |
Reduced hourly rate; Undocumented costs; calculation error | |
Womens Energy Matters |
10/20/08 |
$26,392.50 |
$11,432.50 |
Hours claimed prior to 10/18/08 in R0604010 should be claimed in that proceeding; lack of substantial contributing to decision; excessive time for NOI | |
Greenlining Institute |
11/18/08 |
$11,352.82 |
$7,688.70 |
Hourly rates; disallowed routine travel; claim preparation time reduced to half rate |
Advocate Information
First Name |
Last Name |
Type |
Intervenor |
Hourly Fee Requested |
Year Hourly Fee Requested |
Hourly Fee Adopted |
Audrey |
Chang |
expert |
Natural Resources Defense Council |
$150.00 |
2007 |
$150.00 |
Audrey |
Chang |
expert |
Natural Resources Defense Council |
$155.00 |
2008 |
$155.00 |
Lara |
Ettenson |
expert |
Natural Resources Defense Council |
$120.00 |
2007 |
$120.00 |
Lara |
Ettenson |
expert |
Natural Resources Defense Council |
$125.00 |
2008 |
$125.00 |
Tam |
Hunt |
attorney |
Community Environmental Council |
$270.00 |
2007 |
$270.00 |
Tam |
Hunt |
attorney |
Community Environmental Council |
$300.00 |
2008 |
$290.00 |
Barbara |
George |
expert |
Women's Energy Matters |
$170.00 |
2007-2008 |
$170.00 |
Robert |
Gnaizda |
attorney |
Greenlining Institute |
$540.00 |
2008 |
$535.00 |
Samuel |
Kang |
attorney |
Greenlining Institute |
$235.00 |
2008 |
$180.00 |
(END OF APPENDIX)
