Assignment of Proceeding

Carl Wood is the Assigned Commissioner in this proceeding and James McVicar is the assigned ALJ.

Findings of Fact

1. UCAN, TURN, WCA, CSBRT, LIF and NCLC each filed a timely notice of intent and each was found eligible to claim compensation in this proceeding.

2. UCAN, TURN, WCA, CSBRT, LIF and NCLC each filed a timely claim for compensation.

3. UCAN, TURN, WCA, CSBRT, LIF and NCLC each made a substantial contribution to D.04-05-057, as described herein.

4. UCAN, TURN, WCA, CSBRT, LIF and NCLC each requested hourly rates for attorneys and experts that, as adjusted herein, are reasonable when compared to the market rates for persons with similar training and experience.

5. The number of hours for each attorney or expert claimed by UCAN, TURN, WCA, CSBRT, LIF and NCLC, as adjusted herein, are reasonable.

6. The non-labor expense amounts claimed by UCAN, TURN, WCA, CSBRT, LIF and NCLC are reasonable.

7. Neither LIF's contributions nor the circumstances of this proceeding merit application of a multiplier to increase LIF's award.

8. The total of the reasonable compensation is: for UCAN, $222,342.32; for TURN, $231,079.42; for WCA, $23,258.50; for CSBRT, $15,961.98; for LIF, $162,803.79; and for NCLC, $171,455.84.

Conclusions of Law

1. UCAN, TURN, WCA, CSBRT, LIF and NCLC have each fulfilled the requirements of Pub. Util. Code §§ 1801-1812, which govern awards of intervenor compensation, and each is entitled to intervenor compensation as set forth herein for its costs incurred in making a substantial contribution to D.04-05-057.

2. This decision should be made effective immediately.

ORDER

IT IS ORDERED that:

1. Utility Consumers' Action Network is awarded $222,342.32 as compensation for its substantial contributions to Decision (D.) 04-05-057.

2. The Utility Reform Network is awarded $231,079.42 as compensation for its substantial contributions to D.04-05-057.

3. Wireless Consumers Alliance is awarded $23,258.50 as compensation for its substantial contributions to D.04-05-057.

4. California Small Business Roundtable is awarded $15,961.98 as compensation for its substantial contributions to D.04-05-057.

5. Latino Issues Forum (LIF) is awarded $162,803.79 as compensation for its substantial contributions to D.04-05-057.

6. The request by LIF for a 25% multiplier is denied.

7. National Consumer Law Center, Inc. is awarded $171,455.84 as compensation for its substantial contributions to D.04-05-057.

8. The awards granted in Ordering Paragraphs 1 through 7 shall be paid within 30 days of the effective date of this decision from the intervenor compensation program fund described in D.00-01-020. Payment of each award shall include interest at the rate earned on prime, three-month commercial paper as reported in Federal Reserve Statistical Release H.15, beginning on the 75^th day after the filing date of each intervenor's request for compensation, and continuing until full payment is made. The request for compensation filing dates to be used are: for UCAN, August 3, 2004; for TURN, September 1, 2004; for WCA, September 8, 2004; for CSBRT, August 6, 2004; for LIF, August 5, 2004; and for NCLC, August 4, 2004.

9. The comment period for today's decision is waived.

This order is effective today.

Dated December 16, 2004, at San Francisco, California.

MICHAEL R. PEEVEY

President

CARL W. WOOD

LORETTA M. LYNCH

GEOFFREY F. BROWN

SUSAN P. KENNEDY

Commissioners

Attachment

Compensation Decision Summary Information

Compensation Decision:	D0412054
Contribution Decision(s):	D0405057 (including Interim D0107030)
Proceeding(s):	R0002004
Author:	ALJ McVicar
Payer(s):	Commission

Intervenor Information

Intervenor	Claim Date	Amount Requested	Amount Awarded	Multiplier?	Reason for Change/Disallowance
Utility Consumers' Action Network	8/3/04	$222,263.07	$222,342.32	No	Failure to discount intervenor comp prep time; Arithmetic errors
The Utility Reform Network	9/1/04	$231,079.42	$231,079.42	No
Wireless Consumers Alliance	9/8/04	$24,798.50	$23,258.50	No	Failure to discount intervenor comp prep time
California Small Business Roundtable	8/6/04	$16,426.98	$15,961.98	No	Failure to justify hourly rate; Increase in hourly rate
Latino Issues Forum	8/5/04	$203,504.74	$162,803.79	No	Failure to justify multiplier
National Consumer Law Center, Inc.	8/4/04	$179,671.84	$171,455.84	No	Failure to discount intervenor comp prep time

Advocate Information

First Name	Last Name	Type	Intervenor	Hourly Fee Requested	Year Hourly Fee Requested	Hourly Fee Adopted
Michael	Shames	Attorney	Utility Consumers' Action Network	$195	2000	$195
Michael	Shames	Attorney	Utility Consumers' Action Network	$195	2001	$195
Michael	Shames	Attorney	Utility Consumers' Action Network	$220	2002	$220
Michael	Shames	Attorney	Utility Consumers' Action Network	$250	2003	$250
Michael	Shames	Attorney	Utility Consumers' Action Network	$250	2004	$250
Jordana	Beebe	Policy Expert	Utility Consumers' Action Network	$ 75	2000	$ 75
Jordana	Beebe	Policy Expert	Utility Consumers' Action Network	$ 75	2001	$ 75
Charles	Carbone	Attorney	Utility Consumers' Action Network	$100	2000	$100
Beth	Givens	Policy Expert	Utility Consumers' Action Network	$175	2000	$175
Beth	Givens	Policy Expert	Utility Consumers' Action Network	$175	2002	$175
Beth	Givens	Policy Expert	Utility Consumers' Action Network	$175	2003	$175
Peter	Navarro	Economist	Utility Consumers' Action Network	$300	2003	$300
Peter	Navarro	Economist	Utility Consumers' Action Network	$300	2004	$300
Christine	Mailloux	Attorney	The Utility Reform Network	$250	2001	$250
Christine	Mailloux	Attorney	The Utility Reform Network	$275	2002	$275
Christine	Mailloux	Attorney	The Utility Reform Network	$300	2003	$300
Christine	Mailloux	Attorney	The Utility Reform Network	$325	2004	$325
Paul	Stein	Attorney	The Utility Reform Network	$200	2000	$200
Regina	Costa	Policy Expert	The Utility Reform Network	$180	2001	$180
Regina	Costa	Policy Expert	The Utility Reform Network	$200	2002	$200
Regina	Costa	Policy Expert	The Utility Reform Network	$215	2003	$215
Regina	Costa	Policy Expert	The Utility Reform Network	$230	2004	$230
William	Nusbaum	Attorney	The Utility Reform Network	$340	2003	$340
Robert	Finkelstein	Attorney	The Utility Reform Network	$310	2001	$310
Robert	Finkelstein	Attorney	The Utility Reform Network	$340	2002	$340
Robert	Finkelstein	Attorney	The Utility Reform Network	$365	2003	$365
Hayley	Goodson	Paralegal	The Utility Reform Network	$ 80	2000	$ 80
Mark	Barmore	Attorney	The Utility Reform Network	$125	2004	$125
Carl	Hilliard	Attorney	Wireless Consumers Alliance	$385	2000	$385
Carl	Hilliard	Attorney	Wireless Consumers Alliance	$385	2001	$385
Carl	Hilliard	Attorney	Wireless Consumers Alliance	$385	2002	$385
Carl	Hilliard	Attorney	Wireless Consumers Alliance	$385	2003	$385
Carl	Hilliard	Attorney	Wireless Consumers Alliance	$385	2004	$385
Maryanne	McCormick	Attorney	California Small Business Roundtable	$200	2002	$180
Maryanne	McCormick	Attorney	California Small Business Roundtable	$185	2003	$195
Maryanne	McCormick	Attorney	California Small Business Roundtable	$225	2004	$210
Carl K.	Oshiro	Attorney	California Small Business Roundtable	$310	2004	$310
Susan	Brown	Attorney	Latino Issues Forum	$380	2000	$380
Susan	Brown	Attorney	Latino Issues Forum	$380	2001	$380
Susan	Brown	Attorney	Latino Issues Forum	$380	2002	$380
Susan	Brown	Attorney	Latino Issues Forum	$380	2003	$380
Susan	Brown	Attorney	Latino Issues Forum	$390	2004	$390
Mirissa	McMurray	Law Clerk	Latino Issues Forum	$100	2002	$100
Mirissa	McMurray	Attorney	Latino Issues Forum	$180	2003	$180
Mirissa	McMurray	Attorney	Latino Issues Forum	$190	2004	$190
Enrique	Gallardo	Attorney	Latino Issues Forum	$275	2004	$275
Steve	Boyajian	Legal Intern	National Consumer Law Center	$100	2004	$100
Olivia	Wein	Attorney	National Consumer Law Center	$235	2002	$235
Charles	Harak	Attorney	National Consumer Law Center	$350	2001	$350
Charles	Harak	Attorney	National Consumer Law Center	$385	2002	$385
Charles	Harak	Attorney	National Consumer Law Center	$435	2003	$435
Charles	Harak	Attorney	National Consumer Law Center	$435	2004	$435

(END OF ATTACHMENT)