10. Assignment of Proceeding
President Michael R. Peevey is the assigned Commissioner, and Chief ALJ Angela K. Minkin is the assigned ALJ in this proceeding.
1. TURN has satisfied all the procedural requirements necessary to claim compensation in this proceeding.
2. TURN made a substantial contribution to PAGs and PRGs during the compliance and implementation phase of this proceeding, as described herein.
3. TURN's billed hours for most of the EEPP-related work represent work conducted prior to the Commission's authorization of the PAGs and PRGs.
4. Some of the hours submitted by TURN for Mitchell's work as PRG/PAG representative are duplicative of TURN's submission for intervenor compensation in A.05-06-004 et al. In addition, there are entries in the attachments to TURN's request that clearly overlap with TURN's participation as a party in the 2006 Update workshops.
5. Hours requested by TURN for Goodson's participation in the PRG/PAG process include activities that are beyond the scope of her responsibilities as a PG&E PAG representative.
6. TURN's compensation request is excessive and seeks funding for work that is not compensable.
7. TURN requested hourly rates for its representatives that, as adjusted herein, are reasonable when compared to the market rates for persons with similar training and experience.
8. TURN requested related expenses that are reasonable and commensurate with the work performed except that the Commission does not reimburse the costs of normal commuting to and from the Bay Area.
9. Reasonable compensation for TURN's contributions to the decisions that approve utility energy efficiency portfolios for 2006-2008 is $132,017.33.
10. The appendix to this opinion summarizes today's award.
1. TURN has fulfilled the requirements of Pub. Util. Code §§ 1801-1812, which govern awards of intervenor compensation, and is entitled to intervenor compensation for its claimed compensation, as adjusted herein, incurred in making substantial contributions to PAGs and PRGs during the compliance and implementation phase of this proceeding.
2. Section 1801 et seq. authorizes the Commission to award intervenor compensation for the work of advocates and expert witnesses. It does not anticipate that intervenors be compensated for conducting what might be considered the work of utility staff in implementing or administering utility programs.
3. TURN should be awarded $132,017.33 for its contribution to PAGs and PRGs and subsequent Commission decisions approving utility energy efficiency program portfolios.
4. Because there are no other issues to address in this rulemaking, R.01-08-028 should be closed.
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 $132,017.33 as compensation for its substantial contributions to the Commission's decision to approve utility energy efficiency portfolios for 2006-2008, as set forth herein.
2. Within 30 days of the effective date of this decision, Pacific Gas and Electric Company, Southern California Edison Company, and Southern California Gas Company shall pay TURN for their respective shares of the award. Each utility's share shall be calculated based on their California-jurisdictional gas and electric revenues for the 2005 calendar year, to reflect the year in which the proceeding was primarily litigated.
3. 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 August 29, 2006, the 75th day after the filing date of TURN's request for compensation, and continuing until full payment is made.
4. Rulemaking 01-08-028 is closed.
This order is effective today.
Dated April 10, 2008, 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: |
D0804022 |
Modifies Decision? No |
Contribution Decision(s): |
D0509043 and related Program Advisory Groups and Peer Review Groups | |
Proceeding(s): |
R0108028 | |
Author: |
Chief ALJ Angela K. Minkin | |
Payer(s): |
Pacific Gas and Electric Company, Southern California Edison Company, Southern California Gas Company | |
Intervenor Information
Intervenor |
Claim Date |
Amount Requested |
Amount Awarded |
Multiplier? |
Reason Change/Disallowance |
The Utility Reform Network |
6/15/2006 |
$174,894.17 |
$132,017.33 |
No |
Excessive hours, non-compensable work |
Advocate Information
First Name |
Last Name |
Type |
Intervenor |
Hourly Fee Requested |
Year Hourly Fee Requested |
Hourly Fee Adopted |
Haley |
Goodson |
Attorney |
The Utility Reform Network |
$190 |
2005 |
$190 |
Haley |
Goodson |
Attorney |
The Utility Reform Network |
$200 |
2006 |
$200 |
Robert |
Finkelstein |
Attorney |
The Utility Reform Network |
$410 $435 |
2006 2007 |
$405 $435 |
Cynthia K. |
Mitchell |
Expert |
The Utility Reform Network |
$115 |
2004 |
$115 |
Cynthia K. |
Mitchell |
Expert |
The Utility Reform Network |
$140 |
2005 |
$140 |
Cynthia K. |
Mitchell |
Expert |
The Utility Reform Network |
$140 |
2006 |
$140 |
(END OF APPENDIX)
