I. INTRODUCTION
In D.06-04-018, we set an hourly rate of $270 for work performed by Californians for Renewable Energy's ("CARE") lead counsel, Mr. Volker, in 2004, although CARE had requested an hourly rate of $400. (Id. at pp. 60-61 (slip op.).) Decision 06-04-018 found that this Commission considered the market rate standard set forth in Public Utilities Code section 1806, as presented by CARE, and awarded compensation based on an hourly rate of $250 for work performed by Volker in both 2002 and 2003. (Id. at pp. 60-61 (slip op.).) No application for rehearing of D.06-04-018 was filed, and thus, this decision became final. 1
In D.06-06-025, we denied CARE's petition for modification of D.06-04-018 on the grounds that the $270 hourly rate awarded to Mr. Volker in D.06-04-018 complies with existing Commission directives regarding intervenor hourly rates, including Resolution ALJ-184 (August 19, 2004). (D.06-06-025, pp. 1-2.) CARE timely filed an application for rehearing of D.06-06-025. In its rehearing application, CARE alleges that the Commission's determination that Mr. Volker's hourly rate of $270 is arbitrary and capricious, and that it violates Public Utilities Code section 1806. In addition, CARE claims that D.06-04-018's conclusion that the $250 hourly rate awarded in D.05-02-003 and D.03-01-058, was for work performed in both 2002 and 2003 is in error.
After careful consideration of all the arguments presented in CARE's application for rehearing of D.06-06-025, we are of the opinion that good cause for rehearing has not been demonstrated. We will however modify D.06-06-025 to clarify that D.06-04-018 may have misspoken regarding the time period for the $250 hourly rate derived from D.03-01-058 and D. 05-02-003. Accordingly, CARE's application for rehearing of D.06-06-025, as modified, is denied.
1 D.06-04-018 became final and unappealable on June 16, 2006. We note that CARE's application for rehearing and the petition for modification could be considered an impermissible collateral attack of D.06-04-018.
