Background
Rulemaking (R.) 01 10 024 is currently in progress and has yielded several decisions, including D.02 10 062, where the Commission established a procedural framework for implementing Senate Bill (SB) 1078 Signed into law by the Governor on September 12, 2002, this legislation initiated the California Renewables Portfolio Standard (RPS) program, aiming to ensure that 20% of California's electric power comes from renewable sources.
SB 1078 requires the procurement of renewable energy to increase by at least 1% per year until the 20% goal is achieved
In January 2003, stakeholders provided input on the implementation of the Renewable Portfolio Standard (RPS) program, followed by workshops and evidentiary hearings in February and April By May 2003, briefs and reply briefs were submitted, leading to the Commission's decision in D.03 06 071 to initiate the RPS program This included establishing a method for determining the market price of renewable energy, criteria for selecting cost-effective and suitable renewable power sources, and flexible compliance rules in accordance with SB 1078.
(4) standard terms and conditions for the procurement of renewable power.
Eligibility to Claim Compensation
Pub Util Code Section 1801 et seq., 1 provides for the award of reasonable compensation to intervenors that make a substantial contribution to a
Commission proceeding Section 1804(a) requires an intervenor to file a notice of intent (NOI) to claim compensation The NOI must state the nature and extent of
The intervenor must outline their intended participation and provide a detailed estimate of the compensation they anticipate requesting Additionally, they must demonstrate their status as a customer according to Section 1802(b) The Notice of Intent (NOI) may also seek a determination that the intervenor's involvement would result in significant financial hardship.
On February 7, 2002, UCS filed an NOI that contained a showing of significant financial hardship, a demonstration that UCS met the definition of
On August 20, 2002, an Administrative Law Judge (ALJ) determined that UCS met the necessary criteria for an award of intervenor compensation, confirming its eligibility to claim such compensation.
Timeliness of Request
Under Section 1804(c), an intervenor must submit a compensation request within 60 days of the final Commission decision On December 20, 2002, UCS filed a compensation request for decisions D.02 10 062 and D.02 08 071, totaling $117,994 Subsequently, on May 5, 2003, UCS requested to amend this request to defer $49,467 in expenses related to RPS implementation issues, with no opposition to the motion, which has been granted.
2 Pursuant to Section 1804(a)(2)(B), an intervenor must demonstrate significant financial hardship in either the NOI or its request for compensation
3 On January 17, 2002, Southern California Edison Company (SCE) filed a response in opposition to UCS’s request UCS filed a reply on February 3, 2003 SCE withdrew its opposition on February 25, 2003
4 UCS’s December 20, 2002 request for compensation in connection with D.02 10 062 and D.02 08 071, as amended, will be addressed in a separate decision
On June 23, 2003, the Commission issued D.03 06 071, and UCS promptly submitted a request for compensation on August 14, 2003, totaling $49,467 for expenses related to RPS implementation issues Notably, there was no opposition to this request.
Substantial Contribution
Under Section 1804(c), an intervenor seeking compensation must detail the significant contributions made by the customer to the hearing or proceeding Additionally, Section 1804(e) mandates that the Commission must render a decision to assess whether the intervenor's contributions are substantial.
An intervenor may make a substantial contribution in one of several ways
An intervenor can present evidence or arguments that support certain aspects of a decision made by an Administrative Law Judge (ALJ) or the Commission, even if their overall position is not fully adopted Additionally, the Commission has the authority to award compensation to intervenors, regardless of whether their proposed positions are accepted or rejected in the final decision.
In the phase of the proceeding leading to D.02 10 062, UCS provided evidence on SB 1078 and RPS implementation issues In D.02 10 062, the
The Commission has decided to address Renewable Portfolio Standard (RPS) implementation issues in the next phase of the proceeding, identifying several key areas for consideration Although Decision 02-10-062 deferred these issues, the participation of UCS has been instrumental in framing the identified RPS implementation challenges and establishing a foundation for the upcoming phase of the RPS proceeding.
During the RPS phase following D.02 10 062, UCS actively participated by providing testimony, cross-examining witnesses, and submitting briefs and comments on both the ALJ’s proposed decision and a Commissioner’s alternate proposal While not all of UCS's recommendations were incorporated in D.03 06 071, their contributions were significant in eight key areas Notably, UCS advocated for the implementation of an accounting system for renewable energy credits (RECs) to ensure compliance with the RPS program, a responsibility ultimately assigned to the California Energy Commission (CEC).
Commission concluded in D.03 06 071 that an REC based accounting system has several advantages and recommended that it be adopted by the CEC 5
Second, D.03 06 071 adopted a process for determining the market price of electricity provided by renewable generation, which the Decision refers to as the
The term "market price referent" (MPR) was discussed by UCS, who contended that it should not rely on existing long-term, fixed-price contracts for renewable energy, as such contracts are nonexistent The Commission supported this view, noting in Finding of Fact 10 that there is a lack of evidence indicating the existence of truly comparable utility procurement contracts at present.
UCS suggests that the Maximum Price Rate (MPR) should reflect the comprehensive costs associated with generating electricity from a natural gas power plant in California This includes expenses related to financing, permitting, construction, operation, and maintenance of the facility.
Commission concurred, stating in Ordering Paragraph 10 that the MPR “will be calculated as an all in cost, with an exception for as available capacity.”
Fourth, the Commission determined in D.03 06 071 that the CEC’s draft report Comparative Cost of California Central Station Electricity Generation
Technologies offered a solid foundation for the development of the MPR Nevertheless, UCS recommended that the Commission take into account various factors omitted from the CEC report The Commission acknowledged this, noting in D.03 06 071 that "a significant amount of detail remains to be developed."
UCS advised that the MPR should incorporate gas hedge costs, which the Commission agreed with in Finding of Fact 17, recognizing that these costs are a reasonable component of the proxy for long-term natural gas supply contracts.
D.03 06 071 establishes criteria for selecting renewable resources based on "least cost" and "best fit." The Decision defines "best fit" as renewable resources that effectively meet the utility's energy, capacity, ancillary services, and local reliability requirements This aligns with the UCS proposal, which suggests that a best fit resource should provide an optimal balance of electricity delivery in terms of quantity, timing, and location.
Decision D.03 06 071 establishes flexible compliance rules for the Renewable Portfolio Standards (RPS) program, mandating that each utility increase its renewable power procurement by 1% annually Utilities are permitted to bank excess procurement or carry over deficits for up to three years Annual procurement targets must first address the current year, with any surplus allocated to previous deficits or saved for future use These provisions align with the recommendation from UCS that utilities should achieve a net annual increase of 1% in renewable resource procurement, accounting for any changes in existing resources.
6 D.03 06 071, mimeo., p 20, and Finding of Fact 19
D.03 06 071 implements an automatic penalty for utilities that do not achieve their Renewable Portfolio Standard (RPS) procurement targets According to Finding of Fact 42, the levels of these automatic penalties and the penalty cap can be determined by analyzing the experiences of other states UCS was the sole party to present the full wording of this provision.
Although we find that UCS made a substantial contribution to
D.03 06 071, UCS did not prevail on two issues First, UCS recommended that the Commission use a study prepared by the Lawrence Berkeley National
The Commission identified flaws in the initial study used to set gas price hedge values and instructed staff to employ the best available methodologies and data for accurate calculations Additionally, UCS urged the inclusion of future environmental compliance costs in the MPR, anticipating regulations stemming from global climate change initiatives However, the Commission decided not to incorporate this suggestion, stating that such costs would only be considered when they become more certain in terms of both likelihood and value.
UCS did not significantly contribute to the two issues mentioned earlier, leading us to adjust the amount awarded to them accordingly.
Overall Benefits of Participation
An intervenor requesting compensation is required by D.98 04 059 to demonstrate that its participation was "productive" by showing that the benefits of the intervenor’s participation exceeded the cost of participation
UCS's involvement in RPS implementation issues has proven invaluable, significantly contributing to D.03 06 071 While it's challenging to quantify the exact benefits, it is evident that UCS's contributions likely outweighed the costs of their participation.
Amount Requested
UCS requests $149,943.54 for its substantial contribution to D.03 06 071 The details of UCS’s request are as follows:
Legal, Professional & Other Fees Hours Hourly Rate Year Total
Legal, Professional & Other Fees Hours Hourly Rate Year Total
Travel & Claim Prep Time: London 11.69 $95 2003 $1,110.55 Travel & Claim Prep Time: McCormick 10.30 $50 2003 $ 515.00
Copying, Postage, and Other Costs $1,893.51
Note 1: UCS’s claim for Alan Nogee included 0.75 hours billed at half of the requested hourly rate
The above table shows 0.38 hours billed at the full hourly rate.
Hours Claimed
Section 1804(c) mandates that intervenors seeking compensation must submit a comprehensive account of their services and expenditures Additionally, Decision 85 08 012 stipulates that when intervenors engage with multiple issues in a proceeding, they must clearly allocate their activities and costs according to each specific issue.
UCS is seeking compensation for the time spent by its staff and outside attorneys on the proceeding, providing documentation through timesheets that detail hours spent on various activities like writing testimony and preparing cross-examination However, UCS did not categorize its time by specific issues, claiming that all efforts were focused solely on RPS implementation We contest this view, noting that the Commission addressed multiple issues related to RPS implementation in D.03 06 071 Consequently, we believe UCS should have distributed its activities, time, and costs across these various issues, in line with Commission precedent.
UCS believes that the total number of hours claimed is reasonable given the scope of this proceeding and the complexity of the issues With two
The UCS has not made substantial contributions regarding two specific issues: the use of the Lawrence Berkeley study for gas hedge costs and the inclusion of future environmental compliance costs in the MPR Consequently, we conclude that UCS should not be compensated for the costs associated with these matters However, due to UCS's failure to allocate its time and costs among various issues, we are unable to specify the exact amount to disallow As a result, we will exercise our discretion and reduce the awarded amount to UCS by 5% We advise UCS that future disallowances may be larger if it continues to neglect the allocation of time and costs among issues.
The second exception pertains to the travel hours claimed by UCS Specifically, Jody London recorded 3.30 hours for preparation, travel, and follow-up related to a meeting with UCS on July 15, 2003, concerning "energy activities." However, this time is deemed unrelated to UCS's significant contribution to D.03 06 071, which was issued on June 19, 2003 Therefore, we will disallow the 3.30 hours claimed.
On May 19, 2003, UCS mistakenly double counted half an hour of travel time for London when meeting with Commissioner Advisors Specifically, UCS claimed half an hour of travel at London's full hourly rate of $190 and then requested the same half hour again at half of that rate To correct this error and prevent double counting, we will reduce the total hours billed for London at her full hourly rate by half an hour.
Finally, UCS appears to have charged the full hourly rate for time spent byAlan Nogee to travel to a meeting with Commission Advisors on May 19, 2003
Nogee's travel time to the meeting is estimated at half an hour, matching the travel time reported by London In accordance with the Commission's policy of compensating travel time at half the hourly rate, we will decrease Nogee's total hours by a quarter hour, reflecting this travel time adjustment.
Hourly Rates
Julia Levin
UCS is requesting a compensation rate of $250 per hour for attorney Julia Levin's involvement in 2002, during which she contributed to drafting UCS's testimony, pleadings, and briefs, as well as conducting cross-examinations and presenting oral arguments Additionally, UCS seeks reimbursement for Levin's preparation time for a compensation request submitted in December 2002, totaling approximately 22 hours However, acknowledging the Commission's typical stance that such requests do not necessitate attorney preparation, UCS is only claiming compensation for 10 hours, which is less than half of Levin's total time and effectively represents a request at half her standard hourly rate.
UCS argues that their proposed hourly rate of $250 is justified, particularly when compared to the $200 rate approved for TURN staff attorney Mathew Freedman They highlight that Levin possesses over twice the legal experience of Freedman and has taken on significantly greater responsibilities in the rulemaking process as UCS’s primary attorney.
Admitted to the California Bar in 1991, Levin has extensive experience working with government agencies and environmental organizations on critical issues related to the environment, public health, and energy Her background includes years of advocacy and policy analysis, specifically targeting environmental and energy concerns.
Additionally, Levin is a board member of the Center for Energy Efficiency and Renewable Technologies Levin has a law degree from the University of
California, Hastings, and a bachelor’s degree from Brown University
We conclude that Levin’s qualifications, experience, and level of responsibility in this proceeding justify the requested hourly rate of $250.
Alan Nogee
UCS requests an hourly rate of $200 for Alan Nogee in 2002 and $215 in
In 2003, Alan Nogee served as the director of the Union of Concerned Scientists' (UCS) national Clean Energy Program, overseeing UCS's involvement in key proceedings He was responsible for the development of UCS's testimony, briefs, and comments UCS asserts that the hourly rates requested for Nogee are reasonable when compared to industry standards.
In 2002, William Ahern, who is now the Executive Director of the Commission, was awarded $230 by D.03 05 065 for his work as an energy analyst at Consumers Union.
Nogee has more than 24 years of experience with renewable energy issues.
He has testified as an expert witness on renewable energy issues before
Congress, state legislatures, and regulatory agencies Nogee has also published extensively on renewable energy issues He currently serves on the Green e
Advisory Board as well as the Board of the Renewable Energy Policy Project Nogee has bachelor’s degree in psychology from Brandeis University
Given Nogee’s experience, expertise, and responsibilities in this proceeding, we conclude that it is reasonable to award an hourly rate of $200 in
Steve Clemmer
UCS requests an hourly rate of $150 for Steve Clemmer’s participation in
2002 Clemmer works for UCS as a senior energy analyst During this proceeding, Clemmer helped to develop testimony, review filings, and respond to utility data requests
Clemmer brings over a decade of experience in renewable energy, having previously served as an energy policy coordinator and research analyst for the Wisconsin Department of Administration He has published extensively on renewable energy topics, testified before Congressional and state legislative committees, and engaged in state regulatory proceedings Clemmer holds a Master of Science in Land Resources and a Master’s Certificate in Energy Analysis and Policy from the University of Wisconsin Madison.
In D.03 05 065, we established an hourly rate of $160 for Eric Woychick, who has nearly 20 years of energy experience, and similarly set a rate of $160 for Jody London, with 13 years in the field Considering these recent determinations, we find Steve Clemmer's requested hourly rate of $150 to be reasonable and approve the request.
Warren Byrne
UCS requests an hourly rate of $150 for Warren Byrne’s participation in
In 2002, Byrne, the managing director of Foresight Energy Company, acted as an expert witness for the Union of Concerned Scientists (UCS) regarding Renewable Portfolio Standard (RPS) implementation issues in case D.02 10 062 His role involved preparing testimony, appearing as an expert witness, drafting cross-examination questions, and contributing to UCS's legal briefs.
Byrne brings 14 years of experience in the energy sector, having co-founded Foresight Energy Company in 1996 after his role as an energy analyst at Booz, Allen & Hamilton His professional background includes positions at the Environmental Defense Fund, Caithness Corp., and the Natural Resources Defense Council (NRDC) He holds a Master’s degree in Environmental Management from Yale University and a bachelor's degree from the University of California, Santa Barbara.
We find the requested 2002 hourly rate of $150 for Warren Byrne to be reasonable, and we grant the request.
Todd Thorner
UCS requests an hourly rate of $130 for Todd Thorner’s participation in
In 2002, Thorner was employed by Foresight Energy Company to minimize costs, assisting in drafting comments and pleadings, conducting legal research, reviewing utility pleadings and testimony, and attending hearings focused on renewable energy issues.
Thorner brings eight years of experience in the energy sector, having previously served as a senior energy analyst at Pace Global Energy Services In this role, he provided valuable market analysis support to independent power producers.
UCS requests a rate of $120 per hour for Thorner, who has extensive experience in the energy sector He previously worked with the World Bank's Industry & Energy Group, focusing on the integration of energy and environmental issues Additionally, Thorner served as an energy economist at Energy Technologies Enterprises Corp, where he developed cost-benefit models, software for power plant optimization, and conducted economic analyses of global energy and gas markets He holds a Master's Degree in International Energy.
Environmental Economics from the Johns Hopkins School of Advanced
International Studies and a bachelor’s degree from Wesleyan University
We find the requested hourly rate of $130 for Todd Thorner to be reasonable, and we grant the request.
Steve Hammond
UCS requests an hourly rate of $110 for Steve Hammond’s participation in
2002 Hammond has worked for Foresight Energy Company since he received his law degree from Lewis and Clark Northwestern School of Law in May 2001
To minimize costs, Foresight utilized Hammond's expertise for drafting comments and pleadings, conducting research, and reviewing utility documents and hearing transcripts Additionally, Hammond served as backup legal counsel for Julia Levin during a hearing when she was unavailable.
We have established that our hourly rates for new attorneys exceed the requested $120 rate for Steve Hammond Therefore, we consider the proposed hourly rate of $110 for Hammond to be reasonable and approve the request.
Bruce Biewald
UCS requests an hourly rate of $150 for Bruce Biewald’s participation in
2003 Biewald is the president of Synapse Energy Economics In this proceeding, he assisted UCS in developing strategy and preparing testimony
With two decades of expertise, Biewald specializes in advising state agencies, consumer and environmental advocates, and utilities on energy production and consumption issues He has provided testimony in over 70 regulatory proceedings across 25 states and two Canadian provinces.
Additionally, Biewald has co authored approximately one hundred reports, including studies for the Electric Power Research Institute, the U.S Department
15 of Energy, the U.S Environmental Protection Agency, the Office of Technology Assessment, the New England Governors' Conference, the New England
The Conference of Public Utility Commissioners, along with the National Association of Regulatory Utility Commissioners, has seen significant contributions from experts like Biewald His research has been featured in various academic journals and numerous conference proceedings Before establishing Synapse, Biewald was part of the Energy Systems Research Group, which later became known as Tellus.
Institute) where he consulted on regulatory and economic issues Biewald studied architecture at the Massachusetts Institute of Technology (MIT)
Decision 00 09 068 adopted an hourly rate of $110 for Bruce Biewald in
2000 In light of Biewald’s extensive experience, we find the requested hourly rate of $150 in 2003 to be reasonable, and we grant the request.
Timothy Woolf
UCS requests an hourly rate of $150 for Timothy Woolf’s participation in
2003 Woolf , who is vice president of Synapse Energy Economics, served as UCS’s expert witness during the RPS implementation phase of this proceeding
With nineteen years of expertise in energy issues, Woolf has contributed significantly to the field by testifying as an expert witness in state regulatory proceedings and publishing articles on electric utility regulation Before his role at Synapse, he managed the Electricity Program at the Tellus Institute, collaborating with consumer and environmental advocates across the United States Additionally, Woolf served as the research director for the Association for the Conservation of Energy in London and worked as a staff economist for the Massachusetts Department of
As a policy analyst for the Massachusetts Division of Energy Resources, Woolf has a background in telecommunications and energy He started his career with the Union of Concerned Scientists (UCS) and the Massachusetts Public Interest Research Group Woolf holds an MBA from Boston, showcasing his expertise in these critical sectors.
University, a Diploma in Economics from the London School of Economics, and a B.S in mechanical engineering and a B.A in English from Tufts University
We find the requested hourly rate of $150 for Timothy Woolf to be reasonable, and we grant the request.
David White
UCS requests an hourly rate of $135 for David White’s participation in
2003 White works for Synapse Energy Economics In this proceeding, White performed research on the hedge value of renewable resources
With two decades of expertise in energy systems and computer software, White has honed his skills at the MIT Energy Laboratory for five years He has successfully managed electricity market simulation models across nearly all U.S markets White holds a Ph.D in engineering systems from MIT, underscoring his extensive knowledge in the field.
We find the requested hourly rate of $135 for David White to be reasonable, and we grant the request.
Cliff Chen
UCS is requesting an hourly rate of $105 for Cliff Chen's participation in 2003, highlighting his research on the hedge value of renewable resources and multi-state pollutant regulation at Synapse Energy Economics UCS argues that this rate is reasonable, especially when compared to NRDC's request of $100 per hour for a staff scientist's work in a similar proceeding in March 2003 Additionally, UCS references D.03 04 050, which established an hourly rate of $85 for a law clerk's work in 2001, further supporting their position on the proposed rate.
Chen holds a B.S in earth sciences from Stanford University and has gained valuable experience through various roles, including an internship at the City of San Jose Environmental Services Department, volunteering with the U.S Peace Corps, and working at the Natural Resources Defense Council (NRDC).
In D.03 05 065, we established an hourly rate of $95 for law clerk work in 2002 Based on this benchmark, we find it suitable to set an hourly rate of $100 for Chen's work in this proceeding for 2003.
Alex Moffet
UCS requests an hourly rate of $105 for Alex Moffett’s participation in
2003 Moffett works for Synapse Energy Economics In this proceeding, Moffett performed research on fuel prices projected by the U.S Department of Energy
He has a B.A in philosophy from Stanford University
In D.03 05 065, we established an hourly rate of $95 for law clerk services in 2002 Based on this benchmark, we find it reasonable to set an hourly rate of $100 for Moffett's work in this proceeding for the year 2003.
Dian Grueneich
UCS requests an hourly rate of $385 for Dian Grueneich’s participation in
2003 Grueneich is an attorney and the principal of Grueneich Resource
The Utility Reform Network (TURN) previously set an hourly rate of $385 for attorney Michael Florio and former attorney Randy Wu, which UCS considers a reasonable benchmark for the requested hourly rate in the RPS implementation phase of this proceeding, as represented by Advocates (GRA) for legal and regulatory support.
In order to evaluate the reasonableness of UCS’s request, we must compare the qualifications and experience of Grueneich with those of Florio and
Wu Grueneich has over 25 years experience with California energy issues She
In 2002, Florio and Wu were awarded an hourly rate of $385 for their legal work Florio began her career as an attorney at the California Energy Commission (CEC), where she gained experience on various issues, including power plant siting, energy efficiency, and renewable resources.
With two decades of experience as an attorney in private practice, Grueneich specializes in supporting public and nonprofit clients on various energy-related matters, encompassing transactional work, strategic planning, and regulatory advocacy She has provided testimony before the California Legislature and state regulatory bodies, and has actively practiced before the Commission Currently, Grueneich serves on the Board of the American Council for an Energy Efficient Economy She holds a J.D from Georgetown University and a B.A from Stanford University.
Florio holds a law degree from New York University School of Law and a master's in public affairs from Princeton With over 20 years of experience as an attorney for TURN, he has specialized in energy-related legal issues and has served as TURN's senior attorney since 1990, overseeing all legal advocacy efforts His extensive expertise in litigation processes before the Commission has established him as a highly skilled and effective advocate Recently, he was appointed by Governor Davis to the governing boards of both the Power Exchange and the Independent System Operator.
Wu has over 20 years of experience in energy-related issues, having been admitted to the California bar in 1977 after earning his law degree from the University of California, Berkeley He served as staff counsel at the Commission from 1977 to 1981, then became an Administrative Law Judge (ALJ) overseeing gas and electric proceedings In 1988, he joined El Paso Natural Gas, representing the company before regulatory agencies, and from 1997 to 2000, he worked with El Paso Merchant Energy on developing and financing power plants in Massachusetts and Connecticut Wu later joined TURN, continuing his commitment to energy advocacy.
2001, and re joined the Commission as General Counsel in 2003
Grueneich possesses qualifications and experience in energy-related matters that are on par with those of Florio and Wu Since we have established an hourly rate of $385 for Florio and Wu, it is reasonable to set Grueneich's hourly rate at the same amount.
Theresa Cho
UCS requests an hourly rate of $290 for Theresa Cho’s participation in
In 2003, Cho served as the general counsel for GRA, assisting UCS in preparing for hearings and shaping their case UCS argues that their requested rate is justified, referencing the Commission's prior approval of an hourly rate of $340 for TURN attorney Robert Finkelstein.
With over 11 years of experience, Cho specializes in providing legal counsel on energy, environmental, contract, and construction issues for both public and private sector clients She has represented clients in state and federal courts as well as administrative agencies Before joining GRA, Cho was counsel at PG&E Energy Services, focusing on direct service energy agreements Her previous roles include working as an associate at Cameron McKenna in the California energy group and serving as associate general counsel for the City of Emeryville Redevelopment Agency Cho holds a J.D from the University of California, Berkeley, and a B.A from Wesleyan University.
17 In D.03 06 065 and D.02 06 014, the Commission adopted an hourly rate of $220 for
Grueneich in 2001 Because this was a below market rate (D.02 06 014, mimeo., pp 7 8), it does not provide useful guidance in determining the market based rate adopted by today’s decision
Cho's qualifications and experience are comparable to those of Julia Levin, who was previously discussed UCS has requested a rate of $250 per hour for Levin's work in 2002 Based on this, we determine that Cho should also receive the same hourly rate as Levin; however, due to inflation and increased attorney rates in 2003, Cho's rate will be adjusted to $265, reflecting a 6% increase.
This article discusses the initial review of a compensation request for Theresa Cho, who contributed 4.60 hours to the proceeding The decision made today does not set a binding precedent for Cho's hourly rate in 2003 Other parties, including UCS, may seek to establish a higher hourly rate for Cho in future phases or different proceedings, but UCS will need to provide sufficient justification for any proposed increase.
Jody London
UCS requests an hourly rate of $190 for Jody London’s participation in
In 2003, a senior policy analyst and project manager at GRA played a pivotal role in managing UCS's involvement in the RPS phase of the proceedings She was instrumental in developing case strategy and served as the lead author for UCS's opening brief, reply brief, and comments on the proposed and alternate decisions UCS asserts that the hourly rate they requested is reasonable in comparison to industry standards.
The approved hourly rates for legal services include $220 for James Weil of Aglet Consumer Alliance, as noted in D.03 02 017, and $340 for TURN supervising attorney Robert Finkelstein, per D.03 01 074 UCS asserts that the requested hourly rate for London is justified based on her extensive experience and expertise, as her work aligns with that typically performed by senior attorneys who charge rates at least $100 per hour higher.
Jody London has over 15 years of experience, including 13 years in the energy industry London’s experience includes six years on the staff of the
Commission, during which time she served as an advisor to one of the five
London transitioned from her role at the Commission to join a telecommunications provider focused on exploring renewable energy solutions for residential customers, where she now represents her company.
London, who holds a Master's in Public Administration from Columbia University and a B.A in English from the University of California, Berkeley, currently manages projects at GRA for public sector and nonprofit clients, addressing a variety of issues.
In D.03 06 065, we adopted an hourly rate of $160 for London in 2003 We will adopt the same hourly rate here We note that the adopted hourly rate of
$160 appears to be generous when compared to the hourly rate of $150 that was adopted previously in today’s decision for Steve Clemmer, Warren Byrne,
Bruce Biewald and Timothy Woolf possess qualifications that are comparable to those of Jody London Additionally, London's adopted hourly rate seems generous when contrasted with the $135 hourly rate set for Trevor Roycroft in D.03 06 010 Roycroft, an expert witness for TURN, is a tenured associate professor at the School of.
At Ohio University, the Communications Systems Management program is led by a seasoned professional who has been with the institution since 1994 Prior to this role, he served as the chief economist for the Indiana Office of Consumer Counselor, where he conducted research and provided expert testimony on various utility cases, including gas, water, electric, and telecommunications He holds a Ph.D in economics from the University of California at Davis, earned in 1989, as well as a master's degree in the same field from the same university in 1986 His expertise is further demonstrated through numerous published articles focusing on telecommunications regulatory policy.
Roycroft’s qualifications are comparable to those of London We advise UCS that we may consider lowering London’s hourly rate in the future to align it more closely with the rates given to other individuals who possess similar qualifications.
Clyde Murley
UCS requests an hourly rate of $190 for Clyde Murley’s participation in
In 2003, Murley held the position of senior policy analyst and project manager at GRA, where he served as the lead representative for UCS during the RPS implementation hearings His responsibilities included reviewing testimonies from UCS and other parties, conducting cross-examinations, and assisting in the preparation of UCS's expert witness Additionally, Murley contributed to drafting UCS's opening brief.
Clyde Murley brings nearly 20 years of expertise in energy and environmental issues, currently assisting clients at GRA with renewable development, demand response, and energy procurement His background includes three years at the Commission, where he managed environmental studies and provided guidance on integrated resource planning and energy efficiency Additionally, he served as a senior energy scientist with NRDC for four years and founded a graduate program in environmental and energy economics at Antioch University Murley's experience also encompasses a role as a research manager at PG&E He holds an M.A in Energy and Resources and a B.A in related fields.
Environmental Sciences from the University of California, Berkeley
UCS requests an hourly rate of $190 for both Clyde Murley and
Jody London We agree with UCS that Murley’s hourly rate should be the same
18 D.03 06 010, mimeo., p 12 as London’s Accordingly, we adopt an hourly rate of $160 for Murley, which is the same hourly rate we adopted for London previously in today’s decision.
Michael McCormick
UCS is requesting an hourly rate of $100 for Michael McCormick's contributions in 2003, where he served as a policy analyst at GRA During this period, McCormick provided valuable research assistance, contributed to UCS's opening and reply briefs, and played a key role in preparing the compensation request submitted on August 14, 2003.
McCormick is currently working on an M.S in Environmental
Management at the University of San Francisco He has a B.A in philosophy from St John’s College.
We find the requested hourly rate of $100 for Michael McCormick to be reasonable, and we grant the request.
Jack McGowan
UCS is requesting a reasonable hourly rate of $60 for Jack McGowan, the firm administrator at GRA, who assisted in preparing UCS's compensation request submitted in August 2003 With 17 years of business management experience and a B.S in business administration from California State University, Hayward, McGowan's expertise justifies the proposed rate for a senior administrator.
The compensation awarded for preparing a request varies based on the requested hourly rate For highly compensated individuals, like senior attorneys, we grant only half of their hourly rate Conversely, for those with lower hourly rates, we may provide the full amount In this case, UCS is seeking a relatively low hourly rate of $60.
19 the time spent by Jack McGowan on UCS’s request for compensation We find the requested hourly rate to be reasonable, and we grant the request.
Travel and Other Costs
UCS requests $2,691.53 in travel related costs for Timothy Woolf
UCS failed to provide a detailed breakdown or justification for Woolf's travel expenses, making it impossible to assess their reasonableness or compliance with Commission requirements, such as the reimbursement rate for travel time Consequently, we are compelled to disallow all travel costs claimed by Woolf.
UCS has requested a total compensation of $1,893.51 for expenses related to photocopying, postage, and miscellaneous costs, which includes $320 for "file management costs." However, based on previous decisions, such as D.03 05 065 and D.00 07 013, the Commission determined that professional fees inherently cover administrative overhead costs Consequently, the Commission concluded that file management costs fall under this category and are encompassed within the awarded professional fees The remaining expenses claimed by UCS for postage, photocopying, and miscellaneous items were deemed reasonable, leading to an approval of $1,573.51 for these expenses, after deducting the file management costs.
Duplication of Effort
Award
Consistent with our previous findings regarding the claimed hours, hourly rates, and expenses, we award $132,691.92 to UCS as follows:
Legal, Professional, & Other Fees Hours Hourly Rate Year Total
Legal, Professional, & Other Fees Hours Hourly Rate Year Total
Travel & Claim Prep Time: London 8.39 $80 2003 $ 671.20 Travel & Claim Prep Time: McCormick 10.30 $50 2003 $ 515.00
Copying, Postage, and Other Costs $1,573.51
Less: 5% Disallowance for Failure to
The compensation granted to UCS surpasses its initial NOI estimate of $95,625 by $37,066.92, representing a significant 39% increase This notable discrepancy highlights the need for UCS to improve the accuracy of its future NOIs.
As in all intervenor compensation decisions, we put UCS on notice that
(1) Commission Staff may audit UCS’s records related to this award, (2) UCS must maintain records to support its claims for intervenor compensation, and
UCS must clearly document the specific issues for which it seeks compensation, detailing the hours worked by each employee, their respective hourly rates, any consultant fees incurred, and any additional costs eligible for reimbursement.
UCS submitted two compensation requests in December 2002 and August 2003, totaling $218,470.54, which surpassed the estimated amount in its Notice of Intent (NOI) of $95,625 by $122,845.54, representing an increase of 127%.
Waiver of Comment Period
This compensation issue falls under Section 1801 et seq As a result, the standard 30-day period for public review and comment has been waived in accordance with Rule 77.7(f)(6) of the Commission’s Rules of Practice and Procedure.
Assignment of Proceeding
The Assigned Commissioner is President Michael R Peevey The assigned Administrative Law Judges are Christine Walwyn and Peter Allen.
1 On December 20, 2002, UCS filed a request for compensation for its substantial contribution to D.02 10 062 and D.02 08 071
2 On May 5, 2003, UCS filed a motion to defer consideration of $49,467 of costs associated with RPS implementation issues that were included in the request that it submitted in December 2002
3 UCS filed a timely request for compensation in the amount of $149,943.54 for its contribution to RPS implementation issues decided in D.03 06 071 The request included $49,467 identified in the previous Finding of Fact
4 UCS made a substantial contribution to D.03 06 071.
5 D.03 06 071 did not adopt UCS’s recommendations to (i) use a Lawrence Berkeley study as the basis for determining the cost of gas hedges included in the MPR, or (ii) include possible future environmental compliance costs in the MPR
6 UCS did not allocate its claimed activities, hours, and costs among issues as required by Commission precedent
7 $250 an hour is a reasonable rate for Levin’s work in 2002
8 $215 an hour is a reasonable rate for Nogee’s work in 2003.
9 $200 an hour is a reasonable rate for Nogee’s work in 2002.
10 $150 an hour is a reasonable rate for Clemmer’s work in 2002.
11 $150 an hour is a reasonable rate for Byrne’s work in 2002.
12 $130 an hour is a reasonable rate for Thorner’s work in 2002.
13 $110 an hour is a reasonable rate for Hammond’s work in 2002.
14 $150 an hour is a reasonable rate for Biewald’s work in 2003.
15 $150 an hour is a reasonable rate for Woolf’s work in 2003.
16 $135 an hour is a reasonable rate for White’s work in 2003.
17 $100 an hour is a reasonable rate for Chen’s work in 2003.
18 $100 an hour is a reasonable rate for Moffett’s work in 2003.
19 $385 an hour is a reasonable rate for Grueneich’s work in 2003.
20 $265 an hour is a reasonable rate for Cho’s work in 2003.
21 $160 an hour is a reasonable rate for London’s work in 2003.
22 $160 an hour is a reasonable rate for Murley’s work in 2003.
23 $100 an hour is a reasonable rate for McCormick’s work in 2003.
24 $60 an hour is a reasonable rate for McGowan’s work in 2003
25 UCS did not substantiate or justify the travel costs incurred by Woolf
26 The 3.3 hours of time incurred by London to prepare for, attend, and follow up a meeting with UCS on July 15, 2003, regarding “energy activities” was unrelated to UCS’s substantial contribution to D.03 06 071, which was mailed on June 23, 2003
27 UCS double counted one half hour of travel time incurred by London on May 19, 2003
28 UCS claimed the full hourly rate for one half hour of travel time incurred by Alan Nogee on May 19, 2003, which is contrary to the Commission’s policy of awarding one half the normal hourly rate for travel time
29 Except for matters identified in the previous four Findings of Fact, the travel costs claimed by UCS are reasonable.
30 UCS requests $320 in compensation for “file management costs.”
31 The professional fees awarded to UCS by today’s decision include compensation for administrative and clerical overhead costs, including $320 for file management costs described in the previous Finding of Fact
32 Except for $320 in file management costs, the copying, postage, and other miscellaneous costs claimed by UCS are reasonable.
1 UCS’s motion to defer consideration of $49,467 of expenses associated with RPS implementation issues should be granted
2 UCS has fulfilled the requirements of Sections 1801 1812, which govern awards of intervenor compensation.
3 For the reasons set forth in the body of this decision, UCS should be awarded $132,691.92 for its substantial contribution to D.03 06 071
4 Pursuant to Rule 77.7(f)(6) of the Commission’s Rules of Practice and Procedure, the comment period for this compensation decision may be waived.
1 The Union of Concerned Scientists (UCS) is awarded $132,691.92 in compensation for its substantial contribution to Decision 03 06 071.
2 The award shall be paid pursuant to Pub Util Code Section 1807 by
Southern California Edison Company (SCE), Pacific Gas and Electric Company (PG&E), and San Diego Gas and Electric Company (SDG&E) are required to make payments based on their 2002 jurisdictional electric revenues within 30 days of the order's effective date Additionally, these utilities must pay interest on the awarded amount at the rate for prime three-month commercial paper, as reported in the Federal Reserve Statistical Release H.15, starting from the 75th day after the request was filed.
3 UCS’s motion dated May 5, 2003, to amend the request for compensation that it submitted in December 2002 so as to defer consideration of $49,467 of expenses associated with the implementation of the California Renewables Standard program established by Senate Bill 1078 is granted
4 The comment period for this Order is waived.
This order is effective today.
Dated October 30, 2003, at San Francisco, California.
MICHAEL R PEEVEY PresidentCARL W WOODLORETTA M LYNCHGEOFFREY F BROWNSUSAN P KENNEDY Commissioners
Payer(s): Pacific Gas and Electric Company, San Diego Gas and
Electric Company, and Southern California Edison Company
8/14/03 $149,943.54 $132,691.92 Failure to prevail; failure to justify hourly rates; excessive hours; administrative time not compensable
Name Type Intervenor Hourly Fee Requested Year Hourly Fee
In 2002 and 2003, several key individuals associated with The Union of Concerned Scientists contributed to the organization's efforts, with notable figures including Julia Levin, who donated $250 in 2002, and Alan Nogee, who contributed $215 in 2003 and $200 in 2002 Other contributors included Steve Clemmer and Warren Byrne, both policy experts who donated $150 in 2002, and Todd Thorner, an analyst who contributed $130 in the same year Additionally, attorneys Steve Hammond and Bruce Biewald, along with policy expert Timothy Woolf, each donated $110 and $150 respectively in 2002 and 2003.
David White Analyst The Union of Concerned Scientists $135 2003 $135
Cliff Chen Analyst The Union of Concerned Scientists $105 2003 $100
In 2003, the Union of Concerned Scientists reported the following salaries for its staff: Analyst Alex Moffett earned $105,000, while Attorney Dian Grueneich received $385,000 Attorney Theresa Cho had a salary of $290,000, and Analyst Jody London earned $190,000.
Clyde Murley Analyst The Union of Concerned Scientists $190 2003 $160
Michael McCormick Analyst The Union of Concerned Scientists $100 2003 $100