IX. Award

Aglet and API have substantially assisted the Commission in this proceeding. Consistent with § 1802(h), Aglet and API are entitled to compensation from Sierra as set forth in the following table.

Activity

Aglet

API

Professional

$ 6,182

$15,897

Other

2,475

1,701

Costs

481

675

Total

$ 9,138

$18,273

Consistent with prior decisions, we will order that interest be paid on the award amount (calculated at the three-month commercial paper rate) commencing May 7, 2001 (i.e., the 75th day after the compensation requests were filed) and continuing until the award is paid in full.

As in all intervenor compensation decisions, we put Aglet and API on notice that the Commission staff may audit their records related to this award. Thus, Aglet and API must make and retain adequate accounting and other documentation to support all claims for intervenor compensation. These records should identify specific issues for which they requested compensation, the actual time spent by each person, the applicable hourly rate, fees paid, and any other costs for which compensation has been claimed.

Findings of Fact

1. Aglet filed a timely intervenor compensation request for its contribution to D.00-12-062.

2. API filed a timely intervenor compensation request for its contribution to D.00-12-062.

3. Aglet has satisfied the significant financial hardship requirement.

4. A rebuttal presumption of significant financial hardship exists for API.

5. Aglet has substantially contributed to D.00-12-062.

6. API has substantially contributed to D.00-12-062.

7. Aglet maintained a detailed summary of time spent by its director in this proceeding.

8. API has maintained a detailed summary of time spent by its director and consultant in this proceeding.

9. The $220 hourly rate for work performed by Aglet's director is the same rate approved in a prior Commission proceeding for his work performed in 2000.

10. The $190 hourly rate for work performed by API's director and consultant is the same rate approved in a prior Commission proceeding for their work in 2000.

11. Aglet's hours and rates regarding time spent in traveling to hearings and in preparing its compensation request are reasonable.

12. API has a great deal of prior experience with ROE proceedings.

13. API ran approximately 30 variations of its ROE models in comparison to Sierra's 11 and ORA's three.

14. API also revised and updated its financial models as part of its rebuttal testimony.

15. Sierra provides electric service to approximately 44,000 California customers.

16. API's hours spent in traveling to obtain data and to attend meetings and hearings, and in preparing its compensation request are reasonable. API has not demonstrated that the time it spent delivering documents and testimony was productive.

17. The costs incurred by Aglet for copies and postage and travel expenses for bridge toll, parking, and mileage reimbursement are reasonable.

18. The costs incurred by API for copies and postage and travel expenses for parking and mileage reimbursement are reasonable.

Conclusions of Law

1. Aglet has fulfilled the eligibility requirements of Pub. Util. Code § 1801 et seq.

2. API has fulfilled the eligibility requirements of Pub. Util. Code § 1801 et seq.

3. Half of the time API claimed on financial modeling, risk factors, and recommended ROE should be disallowed as excessive nonproductive time.

4. Aglet should be award $9,138 for its substantial contribution to D.00-12-062.

5. API should be awarded $18,273 for its substantial contribution to D.00-12-062.

6. Per Pub. Util. Code § 311(g)(3) and Rule 77.7(f) (6), the public review and comment period for this compensation decision should be waived.

7. This order should be effective today so that these intervenors may be compensated without unnecessary delay.

ORDER

IT IS ORDERED that:

1. Aglet Consumer Alliance (Aglet) is awarded $ 9,138 in compensation for its substantial contribution to Decision (D.) 00-12-062.

2. Sierra Pacific Power Company (Sierra) shall pay Aglet $9,138 within 30 days of the effective date of this order. Sierra shall also pay interest on the award at the rate earned on prime, three-month commercial paper, as reported in the Federal Reserve Statistical Release G.13, commencing May 7, 2001 and continuing until full payment is made.

3. Advocates for the Public Interest (API) is awarded $18,273 in compensation for its substantial contribution to D.00-12-062.

4. Sierra shall pay API $18,273 within 30 days of the effective date of this order. Sierra shall also pay interest on the award at the rate earned on prime, three-month commercial paper, as reported in the Federal Reserve Statistical Release G.13, commencing May 7, 2001 and continuing until full payment is made.

5. The public review and comment period for today's decision is waived, and this proceeding is closed.

This order is effective today.

Dated June 27, 2002, at San Francisco, California

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