8. Assignment of Proceeding

Michael R. Peevey is the Assigned Commissioner and Dorothy Duda is the assigned ALJ in these proceedings.

Findings of Fact

1. TURN actively participated in and received intervenor compensation for its work in the OANAD proceeding, and continued its level of participation in this closely related proceeding.

2. TURN made a substantial contribution to D.04-09-063 as described herein.

3. TURN's requested hourly rates for attorneys and experts are reasonable when compared to the market rates for persons with similar training and experience.

4. TURN requested reasonable compensation for related business expenses.

5. The total of the reasonable compensation is $272,898.48.

Conclusions of Law

1. 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 compensation.

2. TURN's timely filed NOI, active participation, and intervenor compensation awards in the closely related OANAD proceeding, along with its continued active participation in this proceeding, achieve the purposes of § 1804.

3. The unique facts of this case allow us to accept TURN's late-filed NOI.

4. TURN's motion for acceptance of its late-filed NOI should be granted.

5. TURN should be awarded $272,898.48 for its contribution to D.04-09-063.

6. Per Rule 77.7(f)(6), the comment period for this compensation decision may be waived.

7. This order should be effective today so that TURN may be compensated without further delay.

ORDER

IT IS ORDERED that:

1. TURN is awarded $272,898.48 as compensation for its substantial contributions to Decision 04-09-063.

2. The motion for acceptance of late-filed notice of intent to claim compensation of The Utility Reform Network (TURN) is granted.

3. Within 30 days of the effective date of this decision, SBC California shall pay the total award. Payment of the award shall include interest at the rate earned on prime, three-month commercial paper as reported in Federal Reserve Statistical Release H.15, commencing on February 13, 2005 (beginning the 75th day after the filing date of TURN's request for compensation), and continuing until full payment is made.

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

This order is effective today.

Dated April 21, 2005, at San Francisco, California.

Compensation Decision Summary Information

Compensation Decision:

D0504044

Modifies Decision?

Contribution Decision(s):

D0409063

Proceeding(s):

A0102024, A0102035, A0202031, A0202032, A0202034, A0203002

Author:

ALJ Duda

Payer(s):

SBC - CA

Intervenor Information

Intervenor

Claim Date

Amount Requested

Amount Awarded

Multiplier?

Reason Change/Disallowance

The Utility Reform Network

11/30/04

$272,898.48

$272,898.48

no

 

Advocate Information

First Name

Last Name

Type

Intervenor

Hourly Fee Requested

Year Hourly Fee Requested

Hourly Fee Adopted

Regina

Costa

E

The Utility Reform Network

$180

2001

$180

"

"

"

"

200

2002

200

"

"

"

"

215

2003

215

"

"

"

"

230

2004

230

Christine

Mailloux

A

"

250

2001

250

"

"

"

"

275

2002

275

"

"

"

"

300

2003

300

"

"

"

"

325

2004

325

James

Anthony

"

"

190

2001

190

Robert

Finkelstein

"

"

340

2002

340

"

"

"

"

365

2003

365

"

"

"

"

395

2004

395

Trevor

Roycroft

E

"

     

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