Amended Application and failure to conduct government to government consultation with the federally recognized Santa Ynez Band of Chumash Indians.” II. Wishtoyo argued that the Commission must consider the harms the proposed project poses to the Chumash cultural landscape, including harms to Chumash culture, cultural resources, cultural sites, religious practices, and religious resources on the Channel Islands, and that the failure of the Commission to consider and analyze these harms should result in the denial of the application. Wishtoyo supported these arguments with: specific facts; citations and or references to applicable regulations, statutes, and laws; and legal analysis/arguments. (Issue B.) Wishtoyo obtained input, facts, and organized participation from Chumash Native American Community to inform, and the Federally Recognized Santa Ynez Band of Chumash Indians to inform the: 10/21/2013 Prehearing Conference, Wishtoyo 9/3/2013 Protest, Wishtoyo’s 10/18/2013 Prehearing Conference Statements; Wishtoyo’s 10/30/2013 Amended Prehearing Conference Statements. Citation to the specific portions of documents filed in the proceeding PROTEST OF THE WISHTOYO FOUNDATION TO THE CHANNEL ISLANDS TELEPHONE COMPANY’S CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY APPLICATION filed with CPUC on 9/3/2013 at pg 5-6 WISHTOYO FOUNDATION’S PREHEARING CONFERENCE STATEMENTS Filed with CPUC on 10/18/2013 at pg 3-4 (2.e.-2.i.) Prehearing Conference Held by ALJ Katherine MacDonald on 10/21/2013 (see transcript testimony of Jason Weiner on behalf of Wishtoyo) WISHTOYO FOUNDATION’S SUPPLEMENTAL STATEMENTS TO ITS OCTOBER 18, 2013 PREHEARING CONFERENCE STATEMENTS Filed with CPUC on 10/30/2013 at pg 5-7 (Item 2.e.- 2.i.); Citation to the specific portion of the Commission’s order or decision: Decision 14-02-026 February 27, 2014, DECISION GRANTING Yes. Wishtoyo’s participation led to the presentation of cultural and religious issues that were previously not under consideration in the proceeding.
Examples CPUC Intervenor Hourly Rates Updated 09/16/13; INTERVENOR COMPENSATION PROGRAM GUIDE AND INSTRUCTIONS ON COMPLETING INTERVENOR COMPENSATION STANDARDIZED FORMS - Updated December 2013 page 19 Subtotal: $1,515.00 Subtotal: $1,335.00 COSTS # Item Detail Amount Amount 1 J. Weiner Travel to prehearing conference ( 90291 - ) 165.2 miles at $0.51 / mile $84.25 $0.00 [E] TOTAL REQUEST: $20,175.25 TOTAL AWARD: $16,085.50 *We remind all intervenors that Commission staff may audit their records related to the award and that intervenors must make and retain adequate accounting and other documentation to support all claims for intervenor compensation. Intervenor’s records should identify specific issues for which it seeks compensation, the actual time spent by each employee or consultant, the applicable hourly rates, fees paid to consultants and any other costs for which compensation was claimed. The records pertaining to an award of compensation shall be retained for at least three years from the date of the final decision making the award. **Travel and Reasonable Claim preparation time typically compensated at ½ of preparer’s normal hourly rate Attorney Date Admitted to CA BAR Member Number Actions Affecting Eligibility (Yes/No?) If “Yes”, attach explanation Jason Weiner December 2008 259264 NO Attachments Documenting Specific Claim and Comments on Part III: Attachment or Comment # Description/Comment 1. Certificate of Service 2. Information Justifying Requested Rates for Individuals Listed in III.B. 3. Time records for each individuals compensation listed in III.B. (via email to Intervenor Compensation Coordinator only per December 2013 INTERVENOR
Party Reason for Opposition CPUC Disposition Channel Islands Telephone Company Channel Islands Telephone Company (CITC) on April 22, 2014 filed a response to Wishtoyo Foundation’s (Wishtoyo) claim for intervenor compensation. In the Response, CITC alleges that Wishtoyo is not eligible for intervenor compensation because it is not a “customer” under Pub. Utils. Code Section 1802(b). CITC also claims that Wishtoyo did not make a substantial contribution, as its participation was duplicative of its participation in a separate but related proceeding. The Commission does not find CITC’s Response persuasive. CITC’s issues with Wishtoyo’s customer status were addressed in the December 17, 2013 Ruling on Wishtoyo’s NOI. With regards to the argument that Wishtoyo is not an “environmental group” as laid out by D. 09-04-059, there is no requirement that environmental organizations represent affected ratepayers in each particular case. There is also no requirement that an environmental organization’s participation must also have a linkage to rates. D. 98-04-059 states that environmental organizations “represent customers who have a concern for the environment which distinguishes their interests from the interests represented by Commission staff, for example.” Here, Wishtoyo has environmental interests distinct from those of any other participant in the proceeding, and such interests are worthy of compensation if properly represented. With regards to allegations that Wishtoyo did not make a substantial contribution to this decision, all hours and documents being here compensated are attributable to this decision. Dated time records provided by Wishtoyo match the timeline for submittal of documents related to this proceeding. All such documents are related to this proceeding. Whether such documents may have arguments similar to those presented by Wishtoyo in a separate proceeding
APPENDIX Compensation Decision Summary Information Compensation Decision: Modifies Decision? No Contribution Decision(s): D1402026 Proceeding(s): A1002009 Author: ALJ MacDonald Payer(s): Channel Islands Telephone Company Intervenor Information Intervenor Claim Date Amount Requested Amount Awarded Multiplier? Reason Change/Disallowance Wishtoyo Foundation 03/25/14 $20,175.25 $16,085.50 N/A Reductions for disallowances of travel hours and inappropriate rounding up of time records. Advocate Information First Name Last Name Type Intervenor Hourly Fee Requested Year Hourly Fee Requested Hourly Fee Adopted Jason Weiner Attorney Wishtoyo Foundation $300.00 2013 $300.00 Jason Weiner Attorney Wishtoyo Foundation $300.00 2014 $300.00 Mati Waiya Expert Wishtoyo Foundation $280.00 2013 $280.00 Mati Waiya Advocate Wishtoyo Foundation $135.00 2013 $135.00 Luhui Waiya Expert Wishtoyo Foundation $195.00 2013 $195.00 Luhui Waiya Advocate Wishtoyo Foundation $135.00 2013 $135.00 (END OF APPENDIX)