6. Itemized Estimate of Costs of Participation
The NOI must include an itemized estimate of the compensation that the customer expects to request, given the likely duration of the proceeding as it appears at the time the NOI is filed. (§ 1804(a)(2)(A)(ii).) TURN states that it expects to request compensation in the amount of $121,950:
$ 48,000 150 hours of professional time
by Matthew Freedman @ $320/hour30,000 150 hours of consultant time @ $200/hour
10,500 50 hours of consultant time @ $210/hour
24,750 50 hours of professional time
by Michael Florio @ $495/hour8,700 20 hours of professional time
by Robert Finkelstein @ $435/hour_________
$121,950 Subtotal, compensable time
TURN states that it will provide time records, expense records and justification for hourly rates in a request for an award of compensation. TURN further states that the actual amount of any future request for compensation will depend upon the amount of resources TURN ends up devoting to the proceeding, as well as the Commission's ultimate decision in this case. The reasonableness of the 2005 hourly rates requested for TURN's representatives has been addressed in TURN's hourly rate filing in R.04-10-010, and TURN expects the rates represented above to be established in a decision in that proceeding
TURN satisfied the requirement that it include an itemized estimate of the compensation that the customer expects to request, given the likely duration of the proceeding as it appears at the time the NOI is filed.
IT IS RULED that:
1. The Utility Reform Network (TURN) timely filed an amended Notice of Intent to Claim Intervenor Compensation.
2. TURN was previously found to be a customer for the purposes of intervenor compensation (Category 3) in the earlier phase of this proceeding and the finding is still applicable to this rehearing phase.
3. TURN reasonably stated the adequacy of its representation.
4. TURN previously established in an earlier phase of this proceeding by unrebutted presumption that its participation without an award of intervenor compensation would pose a significant financial hardship. The rebuttable presumption is applicable to this rehearing phase.
5. TURN reasonably stated the nature and extent of its planned participation, as far as it is possible to know as of the filing of the Notice of Intent.
6. TURN presents a satisfactory itemization of an estimate of compensation it expects to request. The reasonableness of the hourly rates shall be addressed in the later request for compensation, if any, by TURN.
7. TURN is eligible for an award of intervenor compensation. The exact amount of the award, if any, shall be determined based on the reasonableness of TURN's request for award, and this ruling "in no way ensures compensation." (§ 1804(b)(2).) The Commission may audit the records and books of TURN to the extent necessary to verify the basis of the award. (§ 1804(d).)
Dated March 7, 2006, at San Francisco, California.
/s/ CAROL A. BROWN | ||
Carol A. Brown Administrative Law Judge |
CERTIFICATE OF SERVICE
I certify that I have by mail this day served a true copy of the original attached Administrative Law Judge's Ruling on The Utility Reform Network on all parties of record in this proceeding or their attorneys of record.
Dated March 7, 2006, at San Francisco, California.
/s. JANET V. ALVIAR |
Janet V. Alviar |
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.
