VIII. Assignment of Proceeding

Geoffrey F. Brown is the Assigned Commissioner and Maribeth A. Bushey is the assigned ALJ in this proceeding.

Findings of Fact

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 request for compensation is not consistent with the record in this proceeding.

6. Greenlining/LIF did not contribute substantially to the development of the record in this proceeding.

7. As adjusted above, La Raza's hourly rates are comparable to rates applied to professionals with comparable experience and skills.

Conclusions of Law

1. 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 it 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 because it requested compensation for developing issues that it did not address in the proceeding.

4. La Raza should be awarded $28,510.77 for its contribution to D.02-10-060.

5. The Commission should set hourly rates that are comparable to those adopted for professionals with comparable experience and skills, adjusted for inflation.

6. Consistent with Rule 77.7(f)(6) of the Commission's Rules of Practice and Procedure, the comment period for this compensation decision may be waived.

7. This order should be effective today so that La Raza can be compensated without unnecessary delay.

ORDER

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, which the Commission will reimburse 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.

2. The request for compensation by Greenlining Institute and Latino Issues Forum is denied.

3. The comment period for today's decision is waived.

4. 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)