VII. Assignment of Proceeding
Loretta M. Lynch is the Assigned Commissioner, and John S. Wong is the assigned ALJ.
1. TURN filed a timely request for an award of compensation.
2. TURN has made a showing of significant financial hardship.
3. TURN was found eligible for an award of compensation in the March 1, 2002 ALJ ruling.
4. D.02-08-070 essentially adopted TURN's procedural recommendation by extending the Gas Accord for one year, allowing existing transmission contracts to be extended, and an open season for any remaining transmission capacity.
5. TURN's contention that the extension of the Gas Accord for one year would provide market certainty while PG&E's bankruptcy proceeding continued was adopted by the Commission in D.02-08-070.
6. The proposals or recommendations of TURN that were adopted by the Commission in D.03-12-061 are reflected in Table 1 of TURN's Request for Compensation.
7. Although some of TURN's positions overlapped with other parties, TURN provided significant input on the various issues, thus supplementing or complementing the showing of other parties.
8. Hawiger has several years more legal experience than the 1997 law school graduates in D.03-10-062 who were awarded a 2002 rate of $265 per hour.
9. Based on Hawiger's experience, his work performed in this proceeding, and a comparison of the market rates for attorneys of similar experience and qualifications, Hawiger 's rate for 2003, and for his 17 hours of work in 2004, should be $250 per hour.
10. Based on Edington's experience, his work performed in this proceeding, and a comparison of the market rates for attorneys of similar experience and qualifications, Edington's rate for 2003 should be $190 per hour.
11. TURN's hourly rates for Florio, Wu, Goodson, and the hourly rate for consulting by Marcus, are consistent with the rates we have approved in prior Commission decisions.
12. The costs of $3,102.41 that TURN incurred are reasonable.
13. TURN's participation in this proceeding was productive, and bears a reasonable relationship to the benefits ratepayers realized through TURN's participation.
1. TURN made a substantial contribution to D.02-08-070.
2. TURN made a substantial contribution to D.03-12-061.
3. TURN should be awarded $79,658.61 for its substantial contribution to D.02-08-070 and D.03-12-061.
4. PG&E should be ordered to pay TURN $79,658.61 plus any applicable interest for TURN's contributions to D.02-08-070 and D.03-12-061.
5. Pursuant to Section 311(g)(3) and Rule 77.7(f)(6) of the Commission's Rules, the 30-day public review and comment period for today's decision should be waived.
6. This order should be effective today so that TURN may be compensated without undue delay.
IT IS ORDERED that:
1. The Utility Reform Network (TURN) is awarded $79,658.61 in compensation for its substantial contribution to Decision (D.) 02-08-070 and D.03-12-061.
2. Pacific Gas and Electric Company (PG&E) shall, within 45 days of today's date, pay to TURN the amount of $79,658.61. PG&E 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, beginning July 7, 2004 and continuing until full payment of the award is made.
3. The public review and comment period for today's decision is waived.
This order is effective today.
Dated May 27, 2004, at San Francisco, California.
MICHAEL R. PEEVEY
President
CARL W. WOOD
LORETTA M. LYNCH
GEOFFREY F. BROWN
SUSAN P. KENNEDY
Commissioners
Compensation Decision: |
D0405048 |
Contribution Decision(s): |
D0208070 D0312061 |
Proceeding(s): |
A0110011 A0106020 |
Author: |
ALJ Wong |
Payer(s): |
Pacific Gas and Electric Company |
Intervenor Information
Intervenor |
Claim Date |
Amount Requested |
Amount Awarded |
Multiplier? |
Reason Change/Disallowance |
The Utility Reform Network |
2/23/04 |
$79,658.61 |
$79,658.61 |
No |
Advocate Information
First Name |
Last Name |
Type |
Intervenor |
Hourly Fee Requested |
Year Hourly Fee Requested |
Hourly Fee Adopted |
Marcel |
Hawiger |
Attorney |
The Utility Reform Network |
$250 |
2003 2004 |
$250 |
Michel |
Florio |
Attorney |
The Utility Reform Network |
$435 |
2003 |
$435 |
Daniel |
Edington |
Attorney |
The Utility Reform Network |
$190 |
2003 |
$190 |
Randy |
Wu |
Attorney |
The Utility Reform Network |
$385 |
2002 |
$385 |
Hayley |
Goodson |
Paralegal |
The Utility Reform Network |
$95 |
2002 |
$95 |
William |
Marcus |
Economist |
The Utility Reform Network |
$185 |
2003 |
$185 |
