7. Award
We award TURN $104, 292, calculated as follows:
Thomas J. Long (59.25 hours @ $260/hour-1998) |
$15,405. |
Thomas J. Long (65.75 hours @ $280/hour-1999) |
$18,410. |
Minus 10% |
$ (3,382.) |
Thomas J. Long (13.75 hours @ $280/hour-1999) |
$ 3,850. |
Minus 50% |
$ (1,925.) |
Thomas J. Long (12 hours @ $150/hour-Comp-2000) |
$ 1,800 |
Subtotal |
$34,158. |
Paul Stein (80.25 hours @ $170/hour-1998) |
$13,643. |
Paul Stein (105 hours @ $190/hour-1999) |
$19,950. |
Minus 10% |
$ (3,359.) |
Paul Stein (48.75 hours @ $190/hour-1999) |
$ 9,263. |
Minus 50% |
$ (4,631.) |
Subtotal |
$34,866. |
Consultant's Fees |
|
Terry Murray (100.25 hours @ $300/hour) |
$30,075. |
Minus 25% |
$(7,519.) |
Terry Murray (1 hour @ $300/hour) |
$ 300. |
Minus 50% |
$ (150.) |
Scott Cratty (56.90 hours @ $175/hour) |
$ 9,958. |
Minus 25% |
$ (2,490.) |
Scott Cratty (2 hours @ $175/hour) |
$ 350. |
Minus 50% |
$ (175.) |
Subtotal |
$30,349. |
Other Costs |
|
Photocopies |
$ 3,724. |
Fax/phone |
$ 119. |
Overnight mail/messenger |
$ 126. |
Computerized Legal Research |
$ 837. |
Postage |
$ 113. |
Subtotal |
$ 4,919. |
Total |
$104,292. |
Consistent with previous Commission decisions, we will order that interest be paid on the award amount (calculated at the three-month commercial paper rate), commencing the 75th day after TURN filed its compensation request and continuing until the utility makes its full payment of award.
As in all intervenor compensation decisions, we put TURN on notice that the Commission Staff may audit TURN's records related to this award. Thus, TURN must make and retain adequate accounting and other documentation to support all claims for intervenor compensation. TURN'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. TURN has made a timely request for compensation for its contributions to D.99-11-051, D.00-03-042, and D.00-11-042.
2. TURN contributed substantially to D.99-11-051, D.00-03-042, and D.00-11-042.
3. TURN's participation was productive in that the costs it claims for its participation were less than the benefits realized.
4. In D.99-07-045, the Commission adopted hourly rates of $260 and $170 for 1998 for Thomas Long and Paul Stein.
5. TURN has requested new hourly rates for attorneys that are no greater than the market rates for individuals with comparable training and experience.
6. $300 and $280 per hour are reasonable compensation rates for Thomas Long's professional services in 2000 and 1999, considering his experience, effectiveness, and rates paid other attorneys.
7. $190 per hour is a reasonable compensation rate for Paul Stein's professional services in 1999, considering his experience, effectiveness, and rates paid other attorneys.
8. TURN has requested hourly rates for consultants Terry Murray and Scott Cratty that have not been approved by the Commission.
9. $300 per hour is a reasonable compensation rate for Terry Murray's professional services in 1998 and 1999, considering her experience, inflation, the increased demand for telecommunications experts, and the rates paid for her services by other public utilities.
10. $190 per hour is a reasonable compensation rate for Scott Cratty's professional services considering his experience, inflation, the increased demand for telecommunications experts, and the rates paid for his services by other public utilities.
11. TURN's proposed reductions for its attorneys' time are reasonable.
12. TURN's proposed reductions for its consultants' time will be increased to include a comparable reduction for time spent on rehearing and DA issues.
13. The miscellaneous costs incurred by TURN are generally reasonable.
1. TURN has fulfilled the requirements of §§ 1801-1812, which govern awards of intervenor compensation.
2. TURN should be awarded $104,292 (calculated as shown in Section 7 of the foregoing opinion) for its contribution to D.99-11-051, D.00-03-042, and D.00-11-042.
3. This order should be effective today so that TURN may be compensated without unnecessary delay.
IT IS ORDERED that:
1. The Utility Reform Network (TURN) is awarded $104,292 in compensation for its substantial contribution to Decisions (D.) 99-11-051, D.00-03-042, and D.00-11-042.
2. Pacific Bell (Pacific) shall pay TURN a total of $104,292 within 30 days of the effective date of this order. Pacific 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 March 20, 2001, and continuing until full payment is made.
3. This proceeding is closed.
This order is effective today.
Dated August 2, 2001, at San Francisco, California.
LORETTA M. LYNCH
President
RICHARD A. BILAS
CARL W. WOOD
GEOFFREY F. BROWN
Commissioners
Commissioner Henry M. Duque, being necessarily
absent, did not participate.
