6. Comments on Draft Decision
The draft decision of the ALJ 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. UDI made a timely request for an award from the ATF.
2. The technical information and technical arguments provided by UDI pertained to issues that were central to the Commission's decisionmaking in C.96-05-049.
3. UDI made a direct, primary, and substantial contribution to D.98-09-058.
4. As a consequence of UDI's participation, a substantial benefit has been conferred upon builders of projects who are eligible for refunds from PG&E under Gas Rule 15, but no convenient means are available for charging those benefited with the cost of obtaining the benefit.
5. This case vindicated an important public policy.
6. Private enforcement of the issues litigated in this case was necessary to bring the issues to the attention of the Commission.
7. The burden to UDI of funding its participation is substantial in light of the fact that it did not stand to receive an award from PG&E if it prevailed on issues in this case.
8. The number of people standing to benefit from UDI's participation is substantial.
9. Any potential economic advantage that accrued to UDI as a result of its participation in this proceeding is outweighed by the benefit to others, and should not bar an award to UDI from the ATF.
10. The hours claimed by UDI in its Request appear reasonable.
11. With the exception of time spent by Easterly on August 18, September 7, 8, and 9, 1999, and the time expended by administrative staff, the hours claimed are compensable at full hourly rates.
12. Time spent by Easterly on fee request preparation is billed at the full hourly rate in the Request. This time, 26 hours, falls within the category of services that do not require a lawyer's skill. This time should be compensated at half of Easterly's hourly rate.
13. Time spent by Easterly for travel to the Commission on August 18, 1999, to obtain documents from Central Files is billed at Easterly's full hourly rate in the Request. Four hours should be compensated at half Easterly's hour rate on the basis that travel time and retrieval of documents are not activities that require an attorney to exercise the skills that justify the full hourly rate.
14. With the exception of the hourly rate requested for expert Poynts, the hourly rates requested by UDI are consistent with the rates applied for work by similarly experienced persons in past Commssion proceedings. It is reasonable to apply the hourly rates requested for Antonio, Jr., Easterly, and paralegal staff. The rate requested for Poynts is higher than rates granted to experts similarly familiar with issues before the Commission during the same time period. Instead, the hourly rate of $145 per hour applied in D.98-12-006 for expert W. Marcus is a reasonable rate for Poynts in 1997 and 1998.
15. The miscellaneous other costs incurred by UDI in this proceeding appear reasonable.
1. UDI has fulfilled the requirements of the Declaration of Trust which governs awards of compensation from the ATF.
2. UDI should be awarded $35,669.00 for its contribution to D.98-09-058.
3. This order should be effective today, so that UDI may be compensated without unnecessary delay.
IT IS ORDERED that:
1. Utility Design, Inc. is awarded $35,669.00, to be disbursed from the Advocates Trust Fund, in compensation for its substantial contribution to Decision 98-09-058.
2. This proceeding is closed.
This order is effective today.
Dated , at San Francisco, California.
