John A. Bohn is the assigned Commissioner, and Timothy Kenney is the assigned ALJ in these proceedings.
1. TURN has satisfied all the procedural requirements necessary to claim compensation in this proceeding.
2. TURN made a substantial contribution to D.06-06-014, D.07-03-044 and D.07-05-058 as described herein.
3. TURN's time spent analyzing the late payment fee portion of the uncollectibles factor did not substantially contribute to the resolution of issues in D.07-03-044.
4. TURN's time spent addressing the normalized net salvage depreciation proposal is excessive, since the proposal had been previously presented in another proceeding and is no longer novel.
5. TURN requested hourly rates for its representatives that are reasonable when compared to the market rates for persons with similar training and experience.
6. TURN requested related expenses that are reasonable, as adjusted herein, and commensurate with the work performed.
7. The total of the reasonable compensation for D.06-06-014 and, D.07-03-044 is $436,920.55 and for D.07-05-058 is $27,883.10.
8. The appendix to this opinion summarizes today's award.
1. TURN has fulfilled the requirements of §§ 1801-1812, which govern awards of intervenor compensation, and is entitled to intervenor compensation for its claimed expenses, as adjusted herein, incurred in making substantial contributions to D.06-06-014, D.07-03-044 and D.07-05-058.
2. Pursuant to Pub. Util. Code § 8103(a), TURN should not receive compensation for time spent on issues where it did not make a substantial contribution.
3. Pursuant to Pub. Util. Code § 8103, TURN should not receive compensation for half of the time spent addressing the normalized net salvage depreciation issue.
4. TURN should be awarded $436,920.55 for its contribution to D.06-06-014 and D.07-03-044 and $27,883.10 for its contribution to D.07-05-058.
5. This order should be effective today so that TURN may be compensated without further delay.
IT IS ORDERED that:
1. The Utility Reform Network (TURN) is awarded $436,920.55 as compensation for its substantial contributions to Decisions (D.) 06-06-014 and D.07-03-044. TURN is awarded $27,883.10 as compensation for its substantial contributions to D.07-05-058.
2. Within 30 days of the effective date of this decision, Pacific Gas and Electric Company shall pay TURN 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 the 75th day after the filing date of TURN's request for compensation, and continuing until full payment is made. For TURN's compensation request for D.06-06-014 and D.07-03-044 filed on May 21, 2007, the 75th day is August 4, 2007 and for TURN's compensation request for D.07-05-058 filed on July 30, 2007, the 75th day is October 13, 2007.
This order is effective today.
Dated December 20, 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: |
D0712026 |
Modifies Decision? No |
Contribution Decision(s): |
D0606014; D0703044; D0705058 | |
Proceeding(s): |
A0512002; I0603003 | |
Author: |
ALJ Kenney | |
Payer(s): |
Pacific Gas and Electric Company |
Intervenor Information
Intervenor |
Claim Date |
Amount Requested |
Amount Awarded |
Multiplier? |
Reason Change/Disallowance |
The Utility Reform Network |
5/21/07 |
$482,720.09 |
$436,920.55 |
No |
Failure to make substantial contribution; unproductive effort; arithmetic errors; inappropriately claimed expenses. |
The Utility Reform Network |
7/30/07 |
$27,883.10 |
$27,883.10 |
No |
Advocate Information
First Name |
Last Name |
Type |
Intervenor |
Hourly Fee Requested |
Year Hourly Fee Requested |
Hourly Fee Adopted |
Matthew |
Freedman |
Attorney |
The Utility Reform Network |
$270 |
2005 |
$270 |
Matthew |
Freedman |
Attorney |
The Utility Reform Network |
$280 |
2006 |
$280 |
Matthew |
Freedman |
Attorney |
The Utility Reform Network |
$300 |
2007 |
$300 |
Hayley |
Goodson |
Attorney |
The Utility Reform Network |
$190 |
2005 |
$190 |
Hayley |
Goodson |
Attorney |
The Utility Reform Network |
$195 |
2006 |
$195 |
Hayley |
Goodson |
Attorney |
The Utility Reform Network |
$210 |
2007 |
$210 |
Robert |
Finkelstein |
Attorney |
The Utility Reform Network |
$395 |
2005 |
$395 |
Robert |
Finkelstein |
Attorney |
The Utility Reform Network |
$405 |
2006 |
$405 |
Robert |
Finkelstein |
Attorney |
The Utility Reform Network |
$435 |
2007 |
$435 |
Michael |
Florio |
Attorney |
The Utility Reform Network |
$485 |
2006 |
$485 |
Marcel |
Hawiger |
Attorney |
The Utility Reform Network |
$280 |
2006 |
$280 |
Marcel |
Hawiger |
Attorney |
The Utility Reform Network |
$300 |
2007 |
$300 |
Nina |
Suetake |
Attorney |
The Utility Reform Network |
$195 |
2006 |
$195 |
Nina |
Suetake |
Attorney |
The Utility Reform Network |
$210 |
2007 |
$210 |
William |
Marcus |
Expert |
The Utility Reform Network |
$210 |
2005-06 |
$210 |
William |
Marcus |
Expert |
The Utility Reform Network |
$220 |
2006-07 (after 5/1/06) |
$220 |
Gayatri |
Schilberg |
Expert |
The Utility Reform Network |
$165 |
2005-06 |
$165 |
Gayatri |
Schilberg |
Expert |
The Utility Reform Network |
$175 |
2006-07 (after 5/1/06) |
$175 |
Jeff |
Nahigian |
Expert |
The Utility Reform Network |
$155 |
2005-06 |
$155 |
Jeff |
Nahigian |
Expert |
The Utility Reform Network |
$165 |
2006-07 (after 5/1/06) |
$165 |
Greg |
Ruszovan |
Expert |
The Utility Reform Network |
$155 |
2005-06 |
$155 |
Michael |
Majoros |
Expert |
The Utility Reform Network |
$240 |
2005-06 |
$240 |
Margaret |
Kenney |
Expert |
The Utility Reform Network |
$160 |
2005-06 |
$160 |
David |
Geissler |
Expert |
The Utility Reform Network |
$160 |
2006 |
$160 |
Mark |
Sam |
Analyst |
The Utility Reform Network |
$75 |
2006 |
$75 |
(END OF APPENDIX)