7. Award

We award UCAN $52,392.90, representing the claimed fees and costs, as described above, less $130 disallowed for Ron Faubion and correcting the $100 arithmetic error referenced above. Consistent with previous Commission decisions, we shall order that SDG&E pay this award, together with interest on the award amount (calculated at the three-month commercial paper rate), commencing on the 75th day after UCAN filed its compensation request and continuing until the utility makes full payment.

As in all intervenor compensation decisions, we put UCAN on notice that the Commission Staff may audit UCAN's records related to this award. Thus, UCAN must make and retain adequate accounting and other documentation to support all claims for intervenor compensation. UCAN's records should identify specific issues for which it requests compensation, the actual time spent by each employee, the applicable hourly rate, fees paid to consultants, and any other costs for which compensation may be claimed.

Findings of Fact

1. UCAN has made a timely request for compensation for its contribution to D.00-12-058.

2. UCAN has made a showing of significant financial hardship by demonstrating the economic interests of its individual members would be extremely small compared to the costs of participating in this proceeding.

3. UCAN has contributed substantially to this RDW segment of the proceeding through its presentation of expert witness testimony and its sponsorship of the JR, the results of which were adopted in D.00-12-058.

4. UCAN's participation was productive in that the costs claimed for its participation were less than the benefits realized.

5. The total hours claimed for the time of the attorney, expert witness, and consultant support staff are reasonable.

6. UCAN's requested hourly rates of $195 and $150 for its attorney and expert witness, respectively, are no greater than the market rates for individuals with comparable training and experience.

7. UCAN's requested hourly rates for its attorney and expert witness reflect amounts that have already been approved by the Commission for these individuals in prior intervenor awards.

8. The work rate of $95 per hour is a reasonable compensation rate for the work of Jeffrey Nahigian and Gregory Ruszovan since compensation rates at this level have been approved for each of these individuals by the Commission in prior intervenor awards.

9. In D.99-11-006, the Commission disallowed UCAN compensation for work performed by Ron Faubion because the request was only for clerical work that was presumably already covered in overhead allowances.

10. The requested compensation of $130 for Ron Faubion has not been justified since UCAN failed to provide any explanation or rationale indicating that the work performed by Faubion was anything other than clerical.

11. The requested reimbursement for miscellaneous costs incurred by UCAN, both directly and through JBS Energy Consultants, is reasonable.

Conclusions of Law

1. UCAN has fulfilled the requirements of §§ 1801-1812 which govern awards of intervenor compensation.

2. UCAN's requested claim for compensation of $52,622.90 should be reduced by $100 for an arithmetic error and $130 for unjustified costs for Ron Faubion.

3. UCAN should be awarded $52,392.90 for its contribution to D.00-12-058.

4. Per Rule 77.7(f)(6) of the Commission's Rules of Practice and Procedure, the comment period for this compensation decision may be waived.

5. This order should be effective today so that UCAN may be compensated without unnecessary delay.

ORDER

IT IS ORDERED that:

1. Utility Consumer's Action Network (UCAN) is awarded $52,392.90 in compensation for its substantial contribution to Decision 00-12-058.

2. San Diego Gas & Electric Company (SDG&E) shall pay UCAN $52,392.90 of award in total within 30 days of the effective date of this order. SDG&E shall also pay interest on the award at the rate earned on prime, three-month commercial paper, as reported in Federal Reserve Statistical Release G.13, with

interest, beginning on the 75th day from the date the request was filed and continuing until full payment is made.

3. The comment period for today's decision is waived.

4. Application 91-11-024 is closed.

This order is effective today.

Dated June 28, 2001, at San Francisco, California.

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