3. Nature and Extent of Planned Participation; Estimate of Compensation

Section 1804(a)(2)(A) provides that the NOI shall include both a statement of the nature and extent of a customer's planned participation and an itemized estimate of the compensation that the customer expects to request.

3.1 Planned Participation

The Commission has stated that the information provided on planned participation should provide the basis for a more critical preliminary assessment of whether (1) an intervenor will represent customer interests that would otherwise be underrepresented, (2) the participation of third-party customers is nonduplicative, and (3) that participation is necessary for a fair determination of the proceeding. The Administrative Law Judge may issue a preliminary ruling on these issues, based on the information contained in the NOI and in the Assigned Commissioner's scoping memo. (D.98-04-059, mimeo., at pp. 27-28, 31-33.) Parties are encouraged to coordinate amongst themselves to ensure that efforts are not duplicated.

In this proceeding Menifee expects to pursue discovery, prepare testimony, participate in hearings, submit briefs and comments as required. Menifee plans to focus specifically on topographic/geographic, economic, and environmental impacts of the proposed project to the Menifee Valley. Menifee is also considering retaining experts to evaluate development and property values in the local area.

Menifee states that it is the only party in this proceeding representing the community interests of residential customers in the Menifee Valley area, a separate section of the proposed transmission project from that represented by Save Southwest Riverside County, another intervenor in the case. Approximately 15 miles of the proposed project pass by or through the Menifee Valley. Customers living in this area would be unrepresented without Menifee's ability to participate. While other groups and government entities are also participating in the proceeding, Menifee does appear to be the only group specifically representing the interests of this group of customers.

Participation in Commission proceedings by parties representing the full range of affected interests is important and ensures a fully developed record. In this case, the issues are numerous and complex, and the Commission will benefit from the participation of parties whose interests, while potentially overlapping, may also diverge on specific issues. Thus, I preliminarily find that

Menifee represents customer interests that will be underrepresented if they are unable to participate effectively. Because there are many groups with overlapping interests, however, I caution Menifee that compensation will not be paid for duplicative efforts. Merely appearing and stating positions will not assure compensation. I encourage Menifee to work actively with the other parties and the Commission staff to agree among themselves, on issues that they will each address, in order to avoid duplication of effort in addressing these issues.

3.2 Estimate of Compensation

Menifee estimates a total projected budget of $168,250 as follows:

Attorney/Category	Estimated Hours	Hourly Rate	Estimated Cost
Attorney	300	$200	$60,000
ResearchAssistance	150	$100	$15,000
GIS Expert	150	$200	$30,000
Economic Expert	150	$200	$30,000
Appraiser	150	$200	$30,000
Clerical Assistance	150	$15	$2,250
Estimated expenses			$1,000
	TOTAL		$168,250

Menifee represents that this is a preliminary estimate.

Menifee does not justify its requested hourly rates and must address the reasonableness of the requested rates in their ultimate Requests for Compensation. The itemization prepared by each intervenor at this time fulfills the requirements of § 1804(a)(2)(A)(ii). This ruling in no way ensures compensation.

Manifee is cautioned that it should carefully document the number of hours and hourly fees for counsel and expert witnesses and carefully allocate such expenses to specific issues pursued in this and the related cases. It should also review Commission orders and, in preparing its compensation request, take into account the Commission's practices for reducing hourly rates and hours claimed, e.g., for travel time and time spent on the compensation request itself.

IT IS RULED that:

1. Menifee Valley Community Economic Development Council (CEDCO) is granted appearance status. CEDCO is represented by the same counsel (Barbara Spencer) as Antelope-Menifee Rural Center (Rural Center) and should be added to her appearance.

2. Rural Center and CEDCO's joint motion for acceptance of its late-filed Notice of Intent to claim compensation is granted.

3. Rural Center has met the eligibility requirements of Pub. Util. Code § 1804(a), including the requirement that it establish significant financial hardship, and is found eligible for compensation in this proceeding. Rural Center is a customer as that term is defined in § 1804(b) and is a group or organization that is authorized by its bylaws or articles of incorporation to represent the interests of residential customers.

4. CEDCO has met the eligibility requirements of Pub. Util. Code § 1804(a), including the requirement that it establish significant financial hardship, and is found eligible for compensation in this proceeding. CEDCO is a customer as that term is defined in § 1804(b) and is a group or organization that is authorized by its bylaws or articles of incorporation to represent the interests of residential customers.

5. Rural Center and CEDCO fulfilled the requirements of § 1804(a)(2)(A) by providing a statement of the nature and extent of its planned participation and an itemized estimate of the compensation it expects to request.

6. A finding of eligibility in no way assures compensation.

7. Parties requesting compensation shall make every effort to reduce duplication of contribution.

Dated October 19, 2001, at San Francisco, California.

		/s/ MICHELLE COOKE
		Michelle Cooke Administrative Law Judge

CERTIFICATE OF SERVICE

I certify that I have by mail, and by electronic mail, to the parties to which an electronic mail address has been provided, this day served a true copy of the original attached Administrative Law Judge's Ruling Regarding Notices of Intent to Seek Compensation on all parties of record in this proceeding or their attorneys of record.

Dated October 19, 2001, at San Francisco, California.

/s/ TERESITA C. GALLARDO

Teresita C. Gallardo

NOTICE

Parties should notify the Process Office, Public Utilities Commission, 505 Van Ness Avenue, Room 2000, San Francisco, CA 94102, of any change of address to insure that they continue to receive documents. You must indicate the proceeding number on the service list on which your name appears.

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