6. 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. No comments were filed.
1. The arguments and information provided by Complainants pertain to issues that were central to the Commission's decisionmaking in Case 98-11-027.
2. Complainants made a direct, primary, and substantial contribution to D.00-04-029.
3. As a consequence of Complainants' participation, a substantial benefit has been conferred upon electric utility ratepayers.
4. Private enforcement of the issues litigated in this case was necessary to bring the issues to the attention of the Commission.
5. The burden to Complainants of funding their participation is substantial in light of the fact that they did not stand to receive any net economic advantage if they prevailed in this case.
6. The number of people standing to benefit from Complainants' participation is substantial.
7. The hours claimed by Complainants for work performed by the law firm of Detisch & Christensen are reasonable.
8. The hours claimed by Complainants for work performed by the law firm of Dershowitz & Eiger duplicates the efforts of the law firm of Detisch & Christensen, and therefore are unreasonable.
9. With the exception of the hours expended by attorneys at the law firm of Dershowitz & Eiger, the hours claimed are compensable at full hourly rates.
10. The hourly rate requested for the work of attorneys at the law firm of Detisch & Christensen is within the range of rates for work by experienced persons performing similar tasks in other Commission proceedings.
11. The miscellaneous other costs incurred by Complainants in this proceeding are reasonable.
1. Complainants have fulfilled the requirements of the Declaration of Trust which governs awards of compensation from the ATF.
2. Complainants should be awarded $34,154.10 for their contribution to D.00-04-029.
3. This order should be effective today, so that Complainants may be compensated without unnecessary delay.
IT IS ORDERED that:
1. Reuben Bercovitch and Blanche Bercovitch are awarded $34,154.10 to be disbursed from the Advocates Trust Fund, in compensation for their substantial contribution to Decision 00-04-029.
2. This proceeding is closed.
This order is effective today.
Dated , at San Francisco, California.
