VI. Award
As set forth in the table below, we award TURN $519,012.49, as follows:
Attorney/Advocate Fees |
||||||
Year |
Hours |
Rate |
||||
James Anthony |
2001 |
220.5 |
$190.00 |
$41,895.00 | ||
2002 |
607.5 |
$205.00 |
$124,537.50 | |||
2002 (comp) |
3 |
$102.50 |
$307.50 | |||
Robert Finkelstein |
2001 |
5 |
$310.00 |
$1,550.00 | ||
2002 |
330.25 |
$340.00 |
$112,285.00 | |||
2003 |
93.25 |
$365.00 |
$34,036.25 | |||
2004 |
9.5 |
$395.00 |
$3,752.50 | |||
2004 (comp) |
22 |
$197.50 |
$4,345.00 | |||
William Nusbaum |
2003 |
300.5 |
$340.00 |
$102,170.00 | ||
2004 |
17.5 |
$365.00 |
$6,387.50 | |||
Christine Mailloux |
2001 |
2.75 |
$250.00 |
$687.50 | ||
2002 |
3 |
$275.00 |
$825.00 | |||
Regina Costa |
2001 |
26.25 |
$180.00 |
$4,725.00 | ||
2002 |
45.75 |
$200.00 |
$9,150.00 | |||
2003 |
15.85 |
$215.00 |
$3,407.75 | |||
2004 |
0.25 |
$230.00 |
$57.50 | |||
Hayley Goodson |
2002 |
96.5 |
$95.00 |
$9,167.50 | ||
Mark Barmore |
2004 |
38.75 |
$125.00 |
$4,843.75 | ||
Subtotal |
$464,130.25 | |||||
Expert Witness Fees and Expenses |
||||||
JBS ENERGY |
||||||
Gayatri Schilberg |
2001 |
26.42 |
$130.00 |
$3,434.60 | ||
2002 |
529.93 |
$130.00 |
$68,890.90 | |||
2003 |
93.96 |
$140.00 |
$13,154.40 | |||
Deduction due to error in original request (see October 19, 2005 supplement) |
<6,269.00> | |||||
William Marcus |
2002 |
0.5 |
$175.00 |
$87.50 | ||
Ron Faubion |
2002 |
4 |
$50.00 |
$200.00 | ||
JBS Expenses |
$429.69 | |||||
Subtotal |
$79,928.09 | |||||
MURRAY & CRATTY |
||||||
Terry Murray |
54.75 |
$325.00 |
$17,520.00 | |||
Scott Cratty |
55.7 |
$185.00 |
$10,304.50 | |||
Elizabeth Kientzle (as requested) |
4 |
$185.00 |
$740.00 | |||
Subtotal |
$28,564.50 | |||||
EXETER ASSOCIATES |
||||||
Tom Catlin |
28 |
$160.00 |
$4,480.00 | |||
Lafayette Morgan |
108 |
$105.00 |
$11,340.00 | |||
Subtotal |
$15,820.00 | |||||
Other Reasonable Costs |
||||||
Photocopying |
$6,615.57 | |||||
Postage |
$297.29 | |||||
Attorney travel |
$20.00 | |||||
Fax |
$100.20 | |||||
Federal Express |
$226.28 | |||||
Lexis |
$1,789.36 | |||||
Phone |
$927.86 | |||||
Miscellaneous |
$348.04 | |||||
Subtotal |
$10,311.85 | |||||
TOTAL |
$598,754.69 | |||||
Deductions-Issues on Which TURN Did Not Prevail
Decision |
Amount |
D.02-10-020 |
<$32,028.33> |
D.03-10-088 |
<$16,445.92> |
D.04-02-063 |
<$22,012.32> |
D.04-09-061 |
<$9,255.63> |
Subtotal-Disallowances |
<$79,742.20> |
Award
Less Did Not Prevail Deduction |
<$79,742.20> |
Total Award |
$519,012.49 |
Consistent with previous Commission decisions, we order that interest be paid on the award amount (at the rate earned on prime, three-month commercial paper, as reported in Federal Reserve Statistical Release H.15) commencing on February 13, 2005, the 75th day after TURN filed its compensation request and continuing until full payment of the award is made.
When the Commission awards intervenor compensation in proceedings involving more than one utility, it generally allocates the award based on a measure reflecting the disparate sizes of the utilities involved. For example, in multi-utility electric proceedings we often allocate intervenor compensation awards on the basis of each utility's percentage of the total retail sales of electricity in a given year for the particular utilities.68 For Pacific and Verizon in this proceeding, the equivalent measure is each utility's proportional California jurisdictional revenues in 2002 (the year in which TURN incurred the most expense).
We remind all intervenors that Commission staff may audit their records related to this award and that intervenors must make and retain adequate accounting and other documentation to support all claims for intervenor compensation. TURN's records should identify specific issues for which it requested compensation, the actual time spent by each employee or consultant, the applicable hourly rate, fees paid to consultants, and any other costs for which compensation was claimed.
68 See, e.g., D.03-06-065, OP 3.
