What Now?!
199 Montecito Avenue, Suite 307
Oakland, CA 9410

August 31, 2006
Dana Appling
California Public Utilities Commission
505 Van Ness Avenue
San Francisco, CA 94102

Dear Ms. Appling:

Pursuant to my rights under the California Public Records Act (Government Code section 6250 et seq.), I ask to inspect the following held by your agency:

All Funds documents for the period July 1, 2002 to June 30 2006 for the following expenditures:

1. All documents, writings, financial statements showing monies paid by the Commission for the salary of each employee by name and position to all staff of the Division of Ratepayers Advocates (DRA) or its predecessor Office of Ratepayers Advocates (ORA)
2. All documents, writings, financial statements showing monies paid by the Commission to each consultant by name for work done for and on behalf of Division of Ratepayers Advocates (DRA) or its predecessor Office of Ratepayers Advocates (ORA)
3. All documents that was used to justify the hiring of outside consultants by the said DRA/ORA for using outside consultant to perform General Rate Case or rate making work and procedures and related work that is usually done solely by the staff of the DRA/ORA prior to the appointment of Dana Appling as Director of the Division.
4. For all jobs/consulting work for which an outside consultant was hired by DRA/ORA please provide the copies of all the Request For Proposals (RFP) that was sent out and also a list of the make up of each panel that sat on the any such panel if one was used in determination of the consultant that the consulting work was awarded the job to. This should include the name, position and the dates the panel interviewed all consultants and the person or person responsible for making the overall determination to use the particular consultant. If no panel was sued please provide the reaosn(s) why not.
5. For item no 4, provide all information used in making this decision to award the consulting work to the particular consultant and who their main contacts were at the DRA/ORA and the bases for determining these DRA/ORA contacts.
6. The List with all the descriptions of all contracts awarded for work performed for the DRA/ORA covering the work (as well as description of the work) of each consultant for the stated time period.
7. Provide information on the annuitant Mr. Dan Paige and the amount he was paid, his work, and who, when, what, and if he was responsible for training any Program Project Supervisor for DRA/ORA and the length of time this training lasted or if it is still ongoing and why. Please specify the time this training actually ended and the work product of the training and provide information of such past training that has been done in the DRA for any Program Project Supervisor the last 4 years starting July 1, 2002.
8. Provide information on all those who worked on the last General Rate Case for Park Water Company, San Gabriel Water Company, Fontana Division and the current Rate case for Valencia Water Company including all work that was done by any DRA/ORA staff even if it is still on going, the work by outside consultant or annuitant and why such was done on these by non DRA/ORA staff etc.
9. For item 8 above, please for the same period provide all amounts paid to any consultant and/or annuitant separately for both salaries and for travel expenses that was paid to any consultant or annuitant used in the Los Angeles, Sacramento and San Francisco office or used to train any in the Los Angeles office. Please identify each separately and the amounts paid to them for services and travel costs etc.
10. Please provide all costs paid to any annuitant that was in the Los Angles office of DRA/ORA for the months of May and June 2006 identifying the cost of services, per diem, etc., and the specific types of services provided.
11. Also state if there was no one to do the work in the Los Angeles office and why if that is the case and if any DRA work was done our of Sacramento for DRA and by who during the period. Please include everybody including a consultant involved.
12. For any consultant or annuitant used on any General Rate Case (GRC), please provide the work product of these consultants or annuitants as GRC work is not confidential.
13. For the Los Angeles Office DRA/ORA office please provide details of all travel expenses paid to all DRA staff, consultant, annuitant, etc., within the period of July 1, 2003, to June 2006. Each has to be identified by staff, position and/or consultant or annuitant and the period covered and the work or case involved or any other items that made it necessary to incur such costs during that period.
14. Provide information on the period that the DRA/ORA Los Angeles Office Water Branch Program Project Supervisor worked outside the Los Angeles office either in San Francisco or Sacramento and show all costs paid to the staff for travel, per diem and other costs for the period July 1, 2003, to June 2006.
15. For 14 above, provide the reason for such working arrangements and the entire costs to the tax payers.

I ask for a determination of this request within 10 days of your receipt of it, and an even prompter reply if you can make that determination without having to review the records in question.

If you determine any or all of the information qualifies for an exemption from disclosure, I ask you to note whether, as is normally the case under the Act, the exemption is discretionary, and if so whether it is necessary in this case to exercise your discretion to withhold information.

If you determine that some but not all of the information is exempt from disclosure and you intend to withhold, I ask that you redact it for the time being and make the rest available as requested.

In any event, please provide a signed notification citing the legal authorities you relied on, if you determine that any or all of the information is exempt and will not be disclosed.

If I can provide any clarification that will help expedite your attention to my request, please contact me at (510) 465-6739.

Thank you for your time and attention to this matter.


Yaya Fanusie, Ph.D
Publisher, What Now?! Newsletter
cc. M. Alieu Iscandari, Esq.
Attorney for America What Now?!