8. Assignment of Proceeding
Michael R. Peevey is the assigned Commissioner, and Jean Vieth is the assigned ALJ in this proceeding.
Findings of Fact
1. UCAN's request was timely filed and UCAN has satisfied all other procedural requirements necessary to claim compensation in this proceeding
2. UCAN made substantial contributions to D.07-03-048 as described herein.
3. UCAN's requested hourly rates for its representatives are reasonable when compared to the market rates for persons with similar training and experience.
4. UCAN requested related expenses that are reasonable and commensurate with the work performed.
5. The total amount of reasonable compensation is $171,996.30.
6. The appendix to this opinion summarizes today's award.
Conclusions of Law
1. UCAN has fulfilled the requirements of Pub. Util. Code §§ 1801-1812, which govern awards of intervenor compensation, and is entitled to intervenor compensation, as discussed herein, incurred in making substantial contributions to D.07-03-048 .
2. UCAN should be awarded $171,996.30 for its contribution to D.07-03-048.
3. Pursuant to Rule 14.6(c)(6), the comment period for this compensation decision may be waived.
4. This order should be effective today so that UCAN may be compensated without further delay.
5. A copy of the audio CD of the oral argument before the Court of Appeal should be delivered to the Commission's Central Files to be placed in the formal file for this proceeding.
6. This proceeding should be closed.
ORDER
IT IS ORDERED that:
1. Utility Consumers' Action Network (UCAN) is awarded $171,996.30 as compensation for its substantial contributions to Decision 07-03-048.
2. Within 30 days of the effective date of this decision, Pacific Bell Wireless LLC, doing business as Cingular Wireless, and now known as AT&T Mobility, shall pay UCAN 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, beginning July 8, 2007, the 75th day after the filing date of UCAN's request for compensation, and continuing until full payment is made.
3. The comment period for today's decision is waived.
4. The assigned Administrative Law Judge shall deliver to the Commission's Central Files, to be placed in the formal file for this proceeding, a copy of the audio CD of the oral argument before the Court of Appeal.
5. Investigation 02-06-003 is closed.
This order is effective today.
Dated September 6, 2007, at San Francisco, California.
MICHAEL R. PEEVEY
President
DIAN M. GRUENEICH
JOHN A. BOHN
RACHELLE B. CHONG
TIMOTHY ALAN SIMON
Commissioners
APPENDIX
Compensation Decision Summary Information
Compensation Decision: |
D0709015 |
Modifies Decision? Supplement to Award in D.05-02-005 |
Contribution Decision(s): |
D0703048 | |
Proceeding(s): |
I0206003 | |
Author: |
Jean Vieth | |
Payer(s): |
Cingular Wireless | |
Intervenor Information
Intervenor |
Claim Date |
Amount Requested |
Amount Awarded |
Multiplier? |
Reason Change/Disallowance |
UCAN |
4/24/2007 |
$175,136.30 |
$171,996.30 |
No |
unproductive effort/excessive hours |
Advocate Information
First Name |
Last Name |
Type |
Intervenor |
Hourly Fee Requested |
Year Hourly Fee Requested |
Hourly Fee Adopted |
Michael |
Shames |
Attorney |
UCAN |
$300 |
2005 |
$300 |
Michael |
Shames |
Attorney |
UCAN |
$310 |
2006-2007 |
$310 |
Alan |
Mansfield |
Attorney |
UCAN |
$390 |
2005 |
$390 |
Alan |
Mansfield |
Attorney |
UCAN |
$400 |
2006-2007 |
$400 |
Hallen |
Rosner |
Attorney |
UCAN |
$390 |
2005 |
$390 |
Hallen |
Rosner |
Attorney |
UCAN |
$400 |
2006-2007 |
$400 |
(END OF APPENDIX)
