Estimated Compensation Request
Section 1804(a)(2)(A)(ii) requires that NOIs include an itemized estimate of the compensation the customer expects to receive. At this time, UDI estimates a total projected budget of $125,000 to $135,000. However, UDI states that this estimate is premised on the Rulemaking taking two years. The legislature only gave the Commission one year to complete its report. Therefore, it can be anticipate that the estimated budget will be reduced by a significant amount. UDI's proposed budget for this rulemaking is as follows:
Attorney Time (Easterly) (300-350 hours @$175-200/hour) Engineer Time (Poynts) (150-200 hours @ $200-225/hour) Director (Hagey) (50-75 hours @ $150-175/hour)
Expert Witness Fees $1,000 to $2,000
Support Staff Time and Expenses $3,000 to $5,000
Total $ 125,000 to $135,000
In their opposition Edison and PG&E challenge whether or not UDI satisfied the requirements of § 1804(a)(2)(A) in that UDI did not state with specificity the nature and extent of its planned participation, nor an itemized estimate of the compensation it was seeking. While UDI may have given cursory treatment to this requirement, it did meet the statutory requirement for the NOI.
This ruling does not address the merits of UDI's final compensation claim.
IT IS RULED that:
1. Utility Design Inc.'s (UDI) Notice of Intent, filed as the representative of The 19th Street Neighbors, was timely filed.
2. UDI is preliminarily categorized as a Category 2 customer as defined in § 1802(b) as a representative authorized by a customer, as evidenced by the signed Consent attached to the NOI.
3. UDI has preliminarily met the eligibility requirements of § 1804(a), by representing that it will submit financial information for each one of the signatories to the Consent signed on behalf of The 19th Street Neighbors, once a Motion for a Protective Order is granted. Pending issuance of the Protective Order and receipt and review of the financial information, UDI has established significant financial hardship on behalf of its clients, and UDI is found eligible for compensation in this proceeding. Parties will be notified if a different determination is made after review of the financial information.
4. UDI has fulfilled the requirements of § 1804(a)(2)(A) by providing a statement of the nature and extent of its planned participation on behalf of The 19th Street Neighbors, and an itemized estimate of the compensation it expects to request.
5. It is problematic that UDI is both an appearance on its own behalf and a representative of particular customers, seeking intervenor compensation. At a minimum, UDI must segregate the time and expenses spent advocating its own position and that of The 19th Street Neighbors.
6. A finding of eligibility in no way assures compensation.
7. Parties requesting compensation shall make every effort to reduce duplication of contribution.
Dated April 11, 2000, at San Francisco, California.
Carol Brown Administrative Law Judge |
CERTIFICATE OF SERVICE
I certify that I have by mail this day served a true copy of the original attached Administrative Law Judge's Ruling Regarding Notice of Intent to Claim Compensation on all parties of record in this proceeding or their attorneys of record.
Dated April 11, 2000, at San Francisco, California.
Fannie Sid |
NOTICE
Parties should notify the Process Office, Public Utilities Commission, 505 Van Ness Avenue, Room 2000, San Francisco, CA 94102, of any change of address to insure that they continue to receive documents. You must indicate the proceeding number on the service list on which your name appears.
