7. Comments on Draft Decision
The draft decision of the administrative law judge in this matter was mailed to the parties in accordance with Pub. Util. Code § 311(g)(1) and Rule 77.7 of the Rules of Practice and Procedure. Comments were filed on ___________, and reply comments were filed on ____________.
1. TURN has made a timely request for compensation for its contribution to D.99-11-021, which is the decision or rehearing in this proceeding. TURN has previously been determined to be eligible for an award of compensation.
2. TURN contributed substantially to D.99-11-021.
3. The hours expended by TURN's attorneys are reasonable for the effort involved, given the complexity of the subject matter and the substantial contributions it made.
4. It is reasonable to apply the hourly rates requested by TURN for Florio and Mueller, which rates have been approved in prior decisions for similar services. The attorney fees requested for Hawiger for 1998 are applied. However, the requested hourly rate of $175 for 1999/2000 is not applied since the Commission in D.00-04-007 adopted an hourly rate of $170 for Hawiger's work for Hawiger.
5. The miscellaneous costs incurred by TURN are reasonable.
6. TURN's request for consulting fees of $29,617.50, while those fees include work done in both A.97-12-048 and this proceeding, is reasonable.
7. TURN's participation was productive in that the benefits realized from its participation outweigh the cost.
8. TURN's request for a 1.5 enhancement multiplier should be reduced to 1.25, based on awards in cases of similar importance and complexity.
1. TURN has fulfilled the statutory requirements that govern awards of intervenor compensation.
2. TURN should be awarded $124,063.12 for its contribution to D. 99-11-021.
3. SoCalGas and SDG&E should pay to TURN that pro-rata portion of the award based upon each utility's respective 1998 retail therms of gas sold in 1998, in alternatively, Sempra Energy may pay.
4. 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 $124,063.12 in compensation for its substantial contribution to Decision 99-11-021.
2. Southern California Gas Company (SoCalGas) and San Diego Gas & Electric Company (SDG&E), (or alternatively Sempra Energy) shall each pay to TURN that pro rata portion based upon each utility's respective 1998 retail therms of gas sold in 1998, within 30 days of the effective date of this order.
3. SoCalGas and SDG&E shall also pay interest on the award at the rate earned on prime, three-month commercial paper, as reported in the Federal Reserve Statistical Release G.13, beginning March 20, 2000, the 75th day from the request, and continuing until full payment is made.
This order is effective today.
Dated , at San Francisco, California.
