G. Assignment of Proceeding

Commissioner Geoffrey F. Brown is the Assigned Commissioner. Administrative Law Judge Peter V. Allen is the assigned Administrative Law Judge in this proceeding.

Findings of Fact

1. Edison's filed-rate doctrine case was finally resolved on December 19, 2003.

2. It is reasonable to assume, for purposes of evaluating this request, that PG&E's filed-rate doctrine case will be dismissed under the terms of the PG&E bankruptcy settlement agreement.

3. Edison's appeal of our decisions on TURN's previous request for compensation was finally resolved on April 19, 2004. It would have served little purpose to review this request for compensation while our decisions on TURN's previous request for compensation was pending appeal.

4. TURN's request for compensation is timely.

5. Our previous findings, in D.02-06-070, that TURN timely filed its notice of intent and made a showing of significant financial hardship apply to this request for compensation as well.

6. The Commission previously found that TURN substantially contributed to D.99-10-057, D.00-03-058, and D.01-03-082.

7. TURN's judicial litigation opposing Edison's and PG&E's federal challenges to the Commission's jurisdiction to limit the utilities' recovery of their increased wholesale procurement costs, related to and was necessary for its substantial contributions to D.99-10-057, D.00-03-058, and D.01-03-082.

8. TURN did not substantially contribute to the Commission's settlement with Edison.

9. TURN's judicial litigation challenging the Commission's settlement with Edison was not necessary for any contribution by TURN to a subsequent Commission action.

10. TURN's judicial litigation opposing Edison's challenge to the Commission's decisions on TURN's intervenor compensation for its prior judicial litigation, related to or was necessary for its substantial contribution to D.02-06-070 and D.03-04-034.

11. TURN requested hourly rates for attorneys that, as adjusted herein, are reasonable when compared to the market rates for persons with similar training and experience.

12. TURN's expenses are reasonable to the extent they are shown to be associated with its judicial litigation of (i) Edison's and PG&E's federal challenges to the Commission's jurisdiction and (ii) Edison's challenge to the Commission's decisions on TURN's intervenor compensation for the judicial litigation.

13. The total of the reasonable compensation is $389,119.68.

Conclusions of Law

1. With the exceptions and adjustments in the foregoing opinion and findings of fact, TURN has fulfilled the requirements of Pub. Util. Code §§ 1801-1812, which govern awards of intervenor compensation, and to that extent is entitled to intervenor compensation for its claimed fees and expenses incurred in making substantial contributions to D.99-10-057, D.00-03-058, D.01-03-082, D.02-06-070, and D.03-04-034.

2. TURN is not entitled to intervenor compensation for its claimed fees and expenses incurred in unsuccessfully challenging the Commission's settlement with Edison.

3. This decision should be made effective immediately.

ORDER

IT IS ORDERED that:

1. The Utility Reform Network (TURN) is awarded $389,119.68 as compensation for its substantial contributions to Decisions (D.) 99-10-057, D.00-03-058, D.01-03-082, D.02-06-070, and D.03-04-034.

2. Within 30 days of the effective date of this decision, Pacific Gas and Electric Company (PG&E) and Southern California Edison Company (Edison) shall each pay TURN half of TURN's total award.

3. PG&E and Edison shall also pay interest on the award beginning September 4, 2004, 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.

This order is effective today.

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

MICHAEL R. PEEVEY

President

GEOFFREY F. BROWN

SUSAN P. KENNEDY

DIAN GRUENEICH

Commissioners

Compensation Decision Summary Information

Compensation Decision:
Contribution Decision(s):	D9910057, D0003058, D0103082, D0206070 and D0304034
Proceeding(s):	A0011038, A0011056, A0010028, A9901016, A9901019, A9901034
Author:	Commissioner Geoffrey F. Brown
Payer(s):	Southern California Edison Company and Pacific Gas and Electric Company

Intervenor Information

Intervenor	Claim Date	Amount Requested	Amount Awarded	Multiplier?	Reason Change/Disallowance
The Utility Reform Network	June 21, 2004	$1,935,013.00	$389,119.68	No	(1) failure to justify hourly rate; (2) failure to discount intervenor compensation preparation time; (3) arithmetic errors; (4) failure to justify multiplier; (5) communicating with legislators not compensable; (6) communicating with press not compensable; (7) no substantial contribution; (8) failure to distinguish between compensable and incompensable costs.

Advocate Information

First Name	Last Name	Type	Intervenor	Hourly Fee Requested	Year Hourly Fee Requested	Hourly Fee Adopted
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
Robert	Finkelstein	Attorney	The Utility Reform Network	395	2004	395
Michel	Florio	Attorney	The Utility Reform Network	350	2001	350
Michel	Florio	Attorney	The Utility Reform Network	385	2002	385
Michel	Florio	Attorney	The Utility Reform Network	435	2003	435
Randy	Wu	Attorney	The Utility Reform Network	350	2001	350
Randy	Wu	Attorney	The Utility Reform Network	385	2002	385
Matthew	Freedman	Attorney	The Utility Reform Network	190	2001	190
Matthew	Freedman	Attorney	The Utility Reform Network	200	2002	200
Hayley	Goodson	Law student/clerk	The Utility Reform Network	125	2002	95
Michael	Strumwasser	Attorney	The Utility Reform Network	425	2000	315
Michael	Strumwasser	Attorney	The Utility Reform Network	459	2001	350
Michael	Strumwasser	Attorney	The Utility Reform Network	482	2002	385
Michael	Strumwasser	Attorney	The Utility Reform Network	513	2003	435
Michael	Strumwasser	Attorney	The Utility Reform Network	550	2004	470
Fredric	Woocher	Attorney	The Utility Reform Network	425	2000	315
Fredric	Woocher	Attorney	The Utility Reform Network	459	2001	350
Fredric	Woocher	Attorney	The Utility Reform Network	482	2002	385
						525
Harrison	Pollak	Attorney	The Utility Reform Network	250	2000	180
Harrison	Pollak	Attorney	The Utility Reform Network	250	2001	190
Johanna	Shargel	Attorney	The Utility Reform Network	333	2001	190
Johanna	Shargel	Attorney	The Utility Reform Network	350	2002	200
Johanna	Shargel	Attorney	The Utility Reform Network	375	2003	200
Daniel	Sharfstein	Attorney	The Utility Reform Network	225	2001	170
Daniel	Sharfstein	Attorney	The Utility Reform Network	225	2002	170
Lea	Rappaport Geller	Attorney	The Utility Reform Network	225	2001	170
Lea	Rappaport Geller	Attorney	The Utility Reform Network	225	2002	170
Lea	Rappaport Geller	Attorney	The Utility Reform Network	255	2003	180
Lea	Rappaport Geller	Attorney	The Utility Reform Network	295	2004	190
Lamar	Baker	Attorney	The Utility Reform Network	225	2002	170
Lamar	Baker	Attorney	The Utility Reform Network	255	2003	170
Becky	Monroe	Attorney	The Utility Reform Network	255	2003	170
Becky	Monroe	Attorney	The Utility Reform Network	295	2004	170
Joshua	Lee	Analyst	The Utility Reform Network	140	2002	100
Joshua	Lee	Analyst	The Utility Reform Network	140	2003	100