8. Comments on Draft Decision

This is an intervenor compensation matter. Pursuant to Rule 77.7(f)(6) of the Commission's Rules of Practice and Procedure, the otherwise applicable 30-day period for public review and comment is waived.

Findings of Fact

1. 280 Citizens, CARE, and WEM have met all the procedural requirements necessary to claim compensation in this proceeding.

2. 280 Citizens, CARE, and WEM each made a substantial contribution to D.04-08-046, as described herein.

3. The requested hourly rates for attorneys and experts, and related expenses, for 280 Citizens, CARE, and WEM, as adjusted herein, are reasonable when compared to the market rates for persons with similar training and experience.

4. The total of the reasonable compensation for 280 Citizens is $718,501.61.

5. The total of the reasonable compensation for CARE is $126,713.40.

6. The total of the reasonable compensation for WEM is $35,125.70.

7. The appendix to this decision summarizes today's awards.

Conclusions of Law

1. 280 Citizens, CARE, and WEM have fulfilled the requirements of Pub. Util. Code §§ 1801-1812, which govern awards of intervenor compensation, and are entitled to intervenor compensation for their claimed compensation, as adjusted herein, incurred in making substantial contributions to D.04-08-046.

2. 280 Citizens should be awarded $718,501.61 for its contribution to D.04-08-046.

3. CARE should be awarded $126,713.40 for its contribution to D.04-08-046.

4. WEM should be awarded $35,125.70 for its contribution to D.04-08-046.

5. Public review and comment regarding today's decision should be waived.

6. This order should be effective today so that 280 Citizens, CARE, and WEM may be compensated without further delay.

7. This proceeding should be closed.

ORDER

IT IS ORDERED that:

1. 280 Corridor Concerned Citizens (280 Citizens) is awarded $718,501.61 as compensation for its substantial contributions to Decision (D.) 04-08-046.

2. CAlifornians for Renewable Energy (CARE) is awarded $126,713.40 for its substantial contributions to D.04-08-046.

3. Women's Energy Matters (WEM) is awarded $35,125.70 for its substantial contributions to D.04-08-046.

4. Within 30 days of the effective date of this decision, Pacific Gas and Electric Company shall pay 280 Citizens, CARE, and WEM the respective awards. 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., beginning December 21, 2004 for CARE, and January 5, 2005 for 280 Citizens and WEM, the 75th day after the filing date of each party's request for compensation, and continuing until full payment is made.

5. Public review and comment regarding today's decision is waived.

6. Application 02-09-043 is closed.

This order is effective today.

Dated April 13, 2006, at San Francisco, California.

APPENDIX

Compensation Decision Summary Information

Compensation Decision:

D.06-04-018

 

Contribution Decision(s):

D.04-08-046

Proceeding(s):

A.02-09-043

Author:

TerKeurst

Payer(s):

Pacific Gas and Electric Company

Intervenor Information

Intervenor

Claim Date

Amount Requested

Amount Awarded

Multiplier?

Reason Change/Disallowance

280 Citizens

10/22/2004

$1,034,755.13

$718,501.61

NO

Reductions in compensable hours, permitted expenses, travel time, and requested hourly rates

WEM

10/22/2004

$105,325.70

$35,125.70

NO

Reductions in compensable hours and travel time

CARE

10/7/2004

$254,960.13

$126,713.40

NO

Reductions in requested hourly rates and compensable hours

Advocate Information

First Name

Last Name

Type

Intervenor

Hourly Fee Requested

Year Hourly Fee Requested

Hourly Fee Adopted

Ed

O'Neill

Attorney

280 Citizens

$315

2002

$315

"

"

"

"

$435

2003

$435

     

"

$470

2004

$470

Christopher

Hilen

Attorney

280 Citizens

$330

2003

$305

"

"

"

"

$360

2004

$315

Jeffrey

Gray

Attorney

280 Citizens

$285

2003

$285

"

"

"

"

$310

2004

$310

Barbara

Nielsen

Paralegal

280 Citizens

$145

2003

$145

"

"

"

"

$155

2004

$155

Judy

Pau

Paralegal

280 Citizens

$135

2003

$135

"

"

"

"

$145

2004

$145

William

Stephenson

Engineer

280 Citizens

$225

2003

$200

"

"

"

"

$225

2004

$210

Gary

Tassainer

Engineer

280 Citizens

$210

2003

$200

"

"

"

"

$210

2004

$210

Rick

Frandsen

Engineer

280 Citizens

$150

2003

$150

"

"

"

"

$150

2004

$150

Lyle

Vance

Engineer

280 Citizens

$135

2003

$135

"

"

"

"

$135

2004

$135

Dennis

Murphy

Biologist

280 Citizens

$225

2003

$210

"

"

"

"

$225

2004

$220

Jeffery

Shields

Electricity Policy Expert

280 Citizens

$225

2003

$225

"

"

"

"

$225

2004

$225

Stephan

Volker

Senior

Attorney

CARE

$400

2004

$270

Gretchen

Dent

Attorney -

2nd Year

Associate

CARE

$275

2004

$190

Joshua

Harris

Attorney -

1st Year

Associate

CARE

$225

2004

$190

Melissa

Moffett

Law clerk

CARE

$120

2004

$105

Marnie

Riddle

Law Clerk

CARE

$90

2004

$90

Scott

Yundt

Law

Clerk

CARE

$120

2004

$105

John

Gabrielli

Senior

Attorney

CARE

$300

2003

$250

"

"

"

"

$300

2004

$270

Terry

Franke

Senior Attorney

CARE

$300

2004

$300

Michael

Boyd

Community Advocate

CARE

$150

2003-2004

$100

Lynne

Brown

Community

Advocate

CARE

$125

2003-2004

$50

Shawn

Smallwood

Ecologist

CARE

$200

2003-2004

$200

Bill

Powers

Engineer

CARE

$200

2003

$185

Bob

Sarvey

Analyst

CARE

$200

2004

$110

David

Wright

Biologist

CARE

$200

2004

$0

Barbara

George

Community

Advocate

Women's Energy

Matters

$150

2003-2004

$150

Maurice

Campbell

"

"

$200

2003

$0

(END OF APPENDIX)

Previous PageTop Of PageGo To First Page