Geoffrey F. Brown is the Assigned Commissioner and Maribeth A. Bushey is the assigned ALJ in this proceeding.
1. La Raza made a timely request for compensation for its contribution to D.02-10-060.
2. La Raza made a showing of significant financial hardship by demonstrating the economic interests of its individual members would be extremely small compared to the costs of participating in this proceeding.
3. La Raza contributed substantially to the development of the record in this proceeding although the Commission did not adopt its proposals.
4. Greenlining/LIF made a timely request for compensation for its contribution to D.02-10-060.
5. Greenlining/LIF's made no presentation on the adopted CTF modifications.
6. Greenlining/LIF's limited advocacy for increased reliance on CBOs for UTLS outreach in this proceeding did not assist the Commission in making its order or decision because the Commission took no action in this proceeding on that topic.
7. Greenlining/LIF did not contribute substantially to the development of the record in this proceeding.
8. As adjusted above, La Raza's hourly rates are comparable to rates applied to professionals with comparable experience and skills.
1. Except as otherwise noted in this opinion, La Raza fulfilled the requirements of §§ 1801-1812 that govern awards of intervenor compensation.
2. Consistent with D.01-11-047, the Commission should award La Raza 50% of its otherwise reasonable billed hours because, although the Commission did not adopt La Raza's policy recommendations, La Raza made a substantial contribution to the understanding of key issues addressed in D.02-10-060.
3. Greenlining/LIF failed to meet its burden to demonstrate that it contributed substantially to the development of the record in this proceeding.
4. La Raza should be awarded $28,510.77 for its contribution to D.02-10-060.
5. This order should be effective today so that La Raza can be compensated without unnecessary delay.
IT IS ORDERED that:
1. National Council of La Raza is awarded $28,510.77 in compensation for substantial contribution to Decision (D.) 02-10-060. The Commission will forward this amount to La Raza, including interest at the rate earned on prime, three-month commercial paper, as reported in Federal Reserve Statistical Release H.15, beginning 2003, from the from the intervenor compensation program fund, as described in D.00-01-020.
2. The request for compensation by Greenlining Institute and Latino Issues Forum is denied.
3. This proceeding is closed.
This order is effective today.
Dated , at San Francisco, California.
APPENDIX
(Page 1)
Compensation Decision(s): |
|
Contribution Decision(s): |
D0210060 |
Proceeding(s): |
R0105046 |
Author: |
ALJ Bushey |
Payer(s): |
Commission |
Intervenor Information
Intervenor |
Claim Date |
Amount Requested |
Amount Awarded |
Reason Change/Disallowance |
National Council of La Raza/Southern Christian Leadership Conference/California Rural Indian Health Board |
12/30/02 |
$90,731.37 |
$28,510.77 |
Failure to prevail/excessive rates |
Greenlining Institute/Latino Issues Forum |
12/23/02 |
$31,345.06 |
0 |
Failure to make substantial contribution |
APPENDIX
(Page 2)
Advocate Information
First Name |
Last Name |
Type |
Intervenor |
Hourly Fee Requested |
Year Hourly Fee Requested |
Hourly Fee Adopted |
Mark |
Savage |
Attorney |
National Council of La Raza/Southern Christian Leadership Conference/California Rural Indian Health Board |
$390 |
2001 |
$285 |
Mark |
Savage |
Attorney |
National Council of La Raza/Southern Christian Leadership Conference/California Rural Indian Health Board | $390 |
2002 |
$300 |
Jenny |
Huang |
Law Clerk |
National Council of La Raza/Southern Christian Leadership Conference/California Rural Indian Health Board |
$295 |
2001 |
$125 |
Jenny |
Huang |
Law Clerk |
National Council of La Raza/Southern Christian Leadership Conference/California Rural Indian Health Board |
$295 |
2002 |
$135 |
Elisa |
Laird |
Law Clerk |
National Council of La Raza/Southern Christian Leadership Conference/California Rural Indian Health Board |
$130 |
2001 |
$85 |
Thomas |
Hargadon |
Policy Expert |
National Council of La Raza/Southern Christian Leadership Conference/California Rural Indian Health Board |
$250 |
2001 |
$250 |
(End of Appendix)