8. Assignment of Proceeding

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.

ORDER

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.

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

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