Assignment of Proceeding

Geoffrey F. Brown is the Assigned Commissioner. Charlotte TerKeurst is the assigned ALJ in this proceeding.

Findings of Fact

1. Latino Issues Forum made a substantial contribution to D.03-01-037 and D.04-02-057 as described herein.

2. Latino Issues Forum requested hourly rates for attorneys and experts that, as adjusted herein, are reasonable when compared to the market rates for persons with similar training and experience.

3. The total of the reasonable compensation is $165,324.00.

4. Customers of the smaller electric utilities were not included in the program whereby lower-middle income large household participants will be charged Tier 2 electricity rates for their Tier 3 usage.

Conclusions of Law

1. Latino Issues Forum 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 D.03-01-037 and D.04-02-057.

2. Latino Issues Forum should be awarded $165,324.00 for its contribution to D.03-01-037 and D.04-02-057.

3. Per Rule 77.7(f)(6), the comment period for this compensation decision may be waived.

4. This order should be effective today so that Latino Issues Forum may be compensated without further delay.

ORDER

IT IS ORDERED that:

1. Latino Issues Forum is awarded $165,324.00 as compensation for its substantial contributions to Decisions 03-01-037 and 04-02-057.

2. Within 30 days of the effective date of this decision, Pacific Gas and Electric Company (PG&E), Southern California Edison Company (Edison), and San Diego Gas & Electric Company (SDG&E) shall each pay Latino Issues Forum the respective utility's share of Latino Issues Forum's total award. The shares shall be computed on the basis of each utility's percentage of California-jurisdictional electric revenues for the 2002 calendar year (the year most costs were incurred) for all three utilities.

3. PG&E, Edison and SDG&E shall also pay interest on the award beginning July 14, 2004, at the rate earned on prime, three-month commercial paper as reported in Federal Reserve Statistical Release H.15, and continuing until full payment is made.

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

This order is effective today.

Dated October 28, 2004, at San Francisco, California.

Compensation Decision:

D0410032

Contribution Decision(s):

D0301037/D0402057

Proceeding(s):

R0105047

Author:

ALJ TerKeurst

Payer(s):

Pacific Gas and Electric Company; Southern California Edison Company; San Diego Gas & Electric Company

Intervenor Information

Intervenor

Claim Date

Amount Requested

Amount Awarded

Multiplier?

Reason Change/Disallowance

Latino Issues Forum

4/30/04

$166,255.00

$165,324.00

No

Undocumented costs; failure to justify hourly rate

Advocate Information

First Name

Last Name

Type

Intervenor

Hourly Fee Requested

Year Hourly Fee Requested

Hourly Fee Adopted

Susan

Brown

Attorney

Latino Issues Forum

$380

2001

$380

Susan

Brown

Attorney

Latino Issues Forum

$380

2002

$380

Susan

Brown

Attorney

Latino Issues Forum

$380

2003

$380

Susan

Brown

Attorney

Latino Issues Forum

$390

2004

$390

Enrique

Gallardo

Attorney

Latino Issues Forum

$245

2001

$230

Enrique

Gallardo

Attorney

Latino Issues Forum

$255

2002

$255

Enrique

Gallardo

Attorney

Latino Issues Forum

$265

2003

$265

Enrique

Gallardo

Attorney

Latino Issues Forum

$275

2004

$275

Viola

Gonzales

Policy Expert

Latino Issues Forum

$310

2002

$310

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