XII. Assignment of Proceeding
Michael R. Peevey is the Assigned Commissioner. Peter V. Allen, Carol Brown, and Christine M. Walwyn are the assigned ALJs in this proceeding.
Findings of Fact
1. TURN represents consumers, customers, or subscribers of PG&E, Edison, and SDG&E, all utilities regulated by the Commission.
2. TURN filed its NOI to claim compensation on February 5, 2002, and its request for compensation on August 22, 2003.
3. TURN received grant monies from EF for work on renewable energy matters in California. TURN submitted a clarification regarding the EF grants on December 19, 2003, explaining that grant money from EF was not used to fund work subject to any intervenor compensation requests before this Commission.
4. The individual economic interests of TURN members are small in comparison to the costs incurred in effectively participating in these proceedings.
5. TURN made a substantial contribution to D.03-02-034, D.03-02-072, D.03-06-067, D.03-06-071, D.03-06-073 and D.03-06-076.
6. TURN substantially contributed to this proceeding through its participation in the PRG of each utility.
7. TURN requested hourly rates for attorneys and experts that are reasonable when compared to the market rates for persons with similar training and experience.
8. TURN requested reasonable compensation for related business expenses.
9. The total of these reasonable rates and fees is $119,571.40.
Conclusions of Law
10. TURN has fulfilled the requirements of Pub. Util. Code §§ 1801-1812, which govern awards of intervenor compensation, and is entitled to intervenor compensation for its claimed fees and expenses incurred in making substantial contributions to D.03-02-034, D.03-02-072, D.03-06-067, D.03-06-071, D. 03-06-073, and D.03-06-076, and for its participation in the Procurement Review Group of each major electric utility.
11. The comment period should be waived, and today's order should be made effective immediately.
ORDER
IT IS ORDERED that:
12. The Utility Reform Network (TURN) is awarded $119,571.40 as compensation for its substantial contributions to Decision (D.) 03-02-034, D.03-02-072, D.03-06-067, D.03-06-071, D.03-06-073 and D.03-06-076, and for its participation in the Procurement Review Group of each major electric utility.
13. Within 30 days of the effective date of this decision, Pacific Gas and Electric Company (PG&E), Southern California Edison Company (Edison), and San Diego Gas & Electric Company (SDG&E) shall each pay TURN the respective utility's share of its total award. The shares shall be computed on the basis of each utility's percentage of the total retail sales of electricity (measured in California jurisdictional revenues) in 2003 (the year most costs were incurred) for all three utilities.
14. PG&E, Edison and SDG&E shall also pay interest on the award beginning November 5, 2003, at the rate earned on prime, three-month commercial paper as reported in Federal Reserve Statistical Release H.15, and continuing until full payment is made.
15. In any future requests before this Commission for intervenor compensation, TURN is directed to include a statement of whether costs or expenses contained therein were recovered from outside sources. To the extent TURN uses grants to fund its intervention at the Commission, TURN's works must account for such use, and TURN's compensation claim should be adjusted accordingly.
16. The comment period for today's decision is waived.
This order is effective today.
Dated April 1, 2004, at San Francisco, California.
MICHAEL R. PEEVEY
President
CARL W. WOOD
LORETTA M. LYNCH
GEOFFREY F. BROWN
SUSAN P. KENNEDY
Commissioners
Compensation Decision Summary Information
Compensation Decision: |
D0404003 |
Contribution Decisions: |
D0302034, D0302072, D0306067, D0306071, D0306073, D0306076 |
Proceeding: |
R0110024 |
Author: |
ALJ Allen |
Payers: |
Southern California Edison Company Pacific Gas and Electric Company San Diego Gas & Electric Company |
Intervenor Information
Intervenor |
Claim Date |
Amount Requested |
Amount Awarded |
Reason Change/Disallowance |
The Utility Reform Network |
8/22/2003 |
$128,530.80 |
$119,571.40 |
Failure to justify hourly rate; arithmetic error |
Advocate Information
First Name |
Last Name |
Type |
Intervenor |
Hourly Fee Requested |
Year Hourly Fee Requested |
Hourly Fee Adopted |
Michel |
Florio |
Attorney |
The Utility Reform Network |
$385 |
2002/2003 |
$385 |
Mathew |
Freedman |
Attorney |
The Utility Reform Network |
$200 |
2002 |
$200 |
Mathew |
Freedman |
Attorney |
The Utility Reform Network |
$250 |
2003 |
$225 |
William |
Marcus |
Policy Expert |
The Utility Reform Network |
$175 |
2002 |
$175 |
William |
Marcus |
Policy Expert |
The Utility Reform Network |
$185 |
2003 |
$185 |
