9. Assignment of Proceeding
Geoffrey Brown is the Assigned Commissioner and Bertram Patrick is the assigned Administrative Law Judge in this proceeding.
1. Sierra Club has made a timely request for compensation for its contribution to D.01-11-048.
2. Sierra Club has made a showing of significant financial hardship by demonstrating the economic interests of its individual members would be small compared to the costs of participating in this proceeding.
3. Throughout this proceeding, Sierra Club had a pattern of filing its motions, testimony, and briefs after Ventura had done so.
4. Because Ventura and Sierra Club pursued nearly identical issues and Sierra Club's pleadings were filed after Ventura's, Sierra Club's time spent on those pleading did not result in a substantial contribution.
5. Sierra Club's claimed Other Costs are reasonable given the scope of this proceeding.
6. The adopted hourly rate for attorney Volker is no greater than the market rate for individuals with comparable training and experience.
7. The hours claimed for attorney Volker, with the exception of the time associated with the pleadings described above, are reasonable given the scope of this proceeding.
8. The appendix to this Opinion summarizes today's award.
1. Sierra Club has fulfilled the requirements of §§ 1801-1812, which govern awards of intervenor compensation.
2. Sierra Club should be awarded $46,990.96 for its contribution to D.00-10-049 and D.01-11-048.
3. Per Rule 77.7(f)(6) of the Commission's Rules of Practice and Procedure, the comment period for this compensation decision is being waived.
4. This order should be effective today so that Sierra Club may be compensated without unnecessary delay.
IT IS ORDERED that:
1. The Angeles Chapter of the Sierra Club (Sierra Club) is awarded $46,990.96 in compensation for its substantial contribution to Decision (D.) 00-10-049 and D.01-11-048.
2. Valencia Water Company (Valencia) shall pay Sierra Club $46,990.96 within 30 days of the effective date of this order. Valencia 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, with interest, beginning October 7, 2002, and continuing until full payment is made.
3. The comment period for today's decision is being waived.
4. This proceeding is closed.
This order is effective today.
Dated January 30, 2003, at San Francisco, California.
MICHAEL R. PEEVEY
President
CARL W. WOOD
LORETTA M. LYNCH
GEOFFREY F. BROWN
SUSAN P. KENNEDY
Commissioners
Compensation Decision(s): |
D0301058 |
Contribution Decision(s): |
D0010049, D0111048 |
Proceeding(s): |
A9912025 |
Author: |
ALJ Patrick |
Payer(s): |
Valencia Water Company |
Intervenor Information
Intervenor |
Claim Date |
Amount Requested |
Amount Awarded |
Reason Change/Disallowance |
Sierra Club |
7/9/02 |
$57,440.96 |
$46,990.96 |
Failure to make substantial contribution; failure to discount travel time. |
Advocate Information
First Name |
Last Name |
Type |
Intervenor |
Hourly Fee Requested |
Year Hourly Fee Requested |
Hourly Fee Adopted |
Stephan |
Volker |
Attorney |
Sierra Club |
$250 |
2000 |
$250 |
Stephan |
Volker |
Attorney |
Sierra Club |
$250 |
2001 |
$250 |
(END OF APPENDIX)
