We make the following awards of intervenor compensation, calculated as described above.

AECA

We award AECA $85,428.64. The award (about $15,500 less than AECA's total request) is adjusted as discussed in this decision and is summarized below:

Attorneys Fees

Peter W. Hanschen, 285 hours at $300/hour (adjusted) $ 85,500.00

Economic Consultant Fees:

Steven Moss, 206 hours at $120/hour (adjusted) $ 24,720.00

Richard McCann, 131 hours at $120/hour (adjusted) $ 15,720.00

AECA Executive Director's Participation

Michael Boccadoro, 167.2 hours at $125/hour (adjusted) $ 20,900.00

Other Costs

Local travel/transportation $ 673.76

Photocopying (adjusted) $ 3,000.00

Postage $ 942.27

Courrier/Messenger $ 366.48

Telecommunications $ 323.61

Facsimile (adjusted) $ 800.00

Computer Research $ 208.45

TOTAL FEES AND EXPENSES (adjusted) $154,092.07

61.6% OF TOTAL FEES AND EXPENSES (adjusted) $ 94,920.71

10% reduction on productivity issue $ 9,492.07

We award Redwood $ 62,186.56 as summarized in Section 5 above.

Weil

We award Weil $97,204.97, as summarized in Section 5 above.

Consistent with previous Commission decisions, we will order that interest be paid on the award amount (calculated at the three-month commercial paper rate), commencing July 9, 2000, (the 75th day after the above-mentioned intervenors filed their compensation requests) and continuing until the utility makes its full payment of award.

As in all intervenor compensation decisions, we put AECA, Redwood, TURN, and Weil on notice that the Commission Staff may audit all intervenors' records related to these awards. Thus, AECA, Redwood, TURN, and Weil must make and retain adequate accounting and other documentation to support all claims for intervenor compensation. AECA, Redwood, TURN, and Weil's records should identify specific issues for which they request compensation, the actual time spent by each employee, the applicable hourly rate, fees paid to consultants, and any other costs for which compensation may be claimed.

PG&E's Comments

PG&E does not oppose any of the intervenor's requests, but makes its own request. PG&E wants to ensure that it is able to recover in rates all monies paid pursuant to this decision, and questions whether two recent Commission decisions will permit this. PG&E explains that it records the electric amounts of a paid intervenor compensation award in the Streamlining Residual Account (SRA). The amounts recorded in the SRA are then recovered through electric rates approved in the annual Revenue Adjustment Proceeding. PG&E explains that D.99-10-057, Conclusion of Law 4 on p. 36 states that "Sections 368(a) and 367(a) do not permit utilities to carry over after the rate freeze those costs incurred in the rate freeze." The Commission denied rehearing of this decision in D.00-03-058. According to PG&E, these decisions raise the possibility that, if the electric rate freeze ends before it recovers all the intervenor compensation amounts awarded by this decision, the Commission may not allow PG&E to recover in rates the remaining electric portions of these amounts after the rate freeze ends.

PG&E states that it is pursuing two remedies to correct what it views to be legal errors in prior Commission decisions. First, PG&E has filed a writ of review of D.99-10-057 and D.00-03-058 in the California Court of Appeal (Case No. A090780). PG&E has also filed a separate proposal in A.00-03-038 requesting the Commission allow PG&E to transfer balances in the SRA to the Transition Revenue Account on a monthly basis as costs are incurred. PG&E requests the Commission order that same relief in this decision for the amounts awarded here.

PPG&E raises its claimed legal error and separate proposal in other forums where all participants of the above-cited decisions should have an opportunity to participate. Therefore, we do not address this issue here.

Pursuant to Pub. Util. Code § 311(g)(3) and Rule 77.7 (f)(6) of the Commission's Rules of Practice and Procedure, the 30-day comment period for draft decisions is waived because this is a decision on requests for compensation.

Findings of Fact

1. AECA, Redwood, TURN, and Weil have made timely requests for compensation for their contributions to D.00-02-046.

2. Redwood has made a showing of significant financial hardship by demonstrating that it cannot, without undue hardship, pay for its costs of participation in the proceeding which led to the issuance of D.00-02-046.

3. AECA, Redwood, TURN, and Weil all contributed substantially to D.00-02-046.

4. AECA, Redwood, TURN, and Weil coordinated their efforts to keep duplication to a minimum and reduced their compensation requests where duplication did occur.

5. Redwood, TURN, and Weil's participation was productive in that the costs claimed for participation were less than the benefits realized. AECA's participation was productive in that the adjusted costs claimed for participation were less than the benefits realized.

6. The approved hourly rates for AECA, Redwood, TURN, and Weil's attorneys and experts are no greater than the market rates for individuals with comparable training and experience.

7. Intervenors should be compensated at half of their attorneys' or experts' hourly rates for travel time.

8. Redwood's, TURN's, and Weil's miscellaneous costs approved by this decision are reasonable. AECA's miscellaneous costs are excessive and should be compensated only to the extent approved by this decision.

9. A 25 percent enhancement for TURN's attorney and consultant time spent on depreciation-related issues is reasonable, based on the substantial amount of dollars involved, the degree of importance of these issues, TURN's degree of success, the difficulty of the litigation, and TURN's efficiency.

Conclusions of Law

1. AECA, Redwood, TURN, and Weil have fulfilled the requirements of Sections 1801-1812 which govern awards of intervenor compensation.

2. AECA should be awarded $85,428.64 to for its contribution to D.00-02-046.

3. Redwood should be awarded $62,186.56 for its contribution to D.00-02-046.

4. TURN should be awarded $406,938.70 for its contribution to D.00-02-046.

5. Weil should be awarded $97,204.97 for his contribution to D.00-02-046.

6. This order should be effective today so that AECA, Redwood, TURN, and Weil may be compensated without unnecessary delay.

ORDER

IT IS ORDERED that:

1. The Agricultural Energy Consumers Association (AECA) is awarded $85,428.64 in compensation for its substantial contribution to Decision (D.) 00-02-046.

2. The Redwood Alliance (Redwood) is awarded $62,186.56 in compensation for its substantial contribution to D.00-02-046.

3. The Utility Reform Network (TURN) is awarded $406,938.70 for its substantial contribution to D.00-02-046.

4. James Weil (Weil) is awarded $97,204.97 for his substantial contribution to D.00-02-046.

5. Pacific Gas and Electric Company (PG&E) shall pay AECA, Redwood, TURN, and Weil their respective awards within 30 days of the effective date of this order. PG&E shall also pay interest on the award at the rate earned on prime, three-month commercial paper, as reported in Federal Reserve Statistical Release G.13, with interest, beginning July 9, 2000, and continuing until full payment is made.

This order is effective today.

Dated September 21, 2000, at San Francisco, California.

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