5. Reasonableness of Requested Compensation
CFC requests $37,121.0036 for its participation in this proceeding, as follows:
Work on Proceeding | ||||
Attorney/Staff |
Year |
Hours |
Hourly Rate |
Total |
Alexis Wodtke |
2007 |
29.4 |
$340 |
$ 9,996.00 |
Alexis Wodtke |
2008 |
67.3 |
$350 |
$ 23,555.00 |
Subtotal Hourly Compensation: |
$33,551.00 | |||
Preparation of NOI and Compensation Request (1/2 rate) | ||||
Attorney/Staff |
Year |
Hours |
Hourly Rate |
Total |
Alexis Wodtke |
2008 |
9.1 |
$175 |
$ 1,592.50 |
Subtotal Compensation Preparation: |
$ 1,592.50 | |||
Total Requested Compensation: |
$35,143.50 | |||
In general, the components of this request must constitute reasonable fees and costs of the customer's preparation for and participation in a proceeding that resulted in a substantial contribution. The issues we consider to determine reasonableness are discussed below:
5.1. Hours and Costs Related to and Necessary for Substantial Contribution
We first assess whether the hours claimed for the customer's efforts that resulted in substantial contributions to Commission decisions are reasonable by determining to what degree the hours and costs are related to the work performed and necessary for the substantial contribution.
CFC has documented its claimed hours by presenting a daily breakdown of the hours of its attorneys, accompanied by a brief description of each activity. After the adjustments and disallowances we make below, the remainder of the hours reasonably support CFC's claim for total hours.
CFC requests a total of 25.1 hours for Wodtke's work in 2008 related to "analyzing, drafting and finalizing comments of the Proposed Decision." This amount is excessive given the scope of the work and the product produced. We disallow 12.6 of these hours to more closely reflect our standards of reasonableness of hours and to reflect similar compensation to other intervenors for this same task.
CFC requests a total of 26.6 hours for Wodtke's work in 2008 related to "researching, drafting, and re-writing" of CFC's application for rehearing. This amount if excessive given the scope of the work and the product produced. We disallow 12.35 of these hours to more closely reflect our standards of reasonableness of hours and to reflect similar compensation to other intervenors for this same task.
CFC requests a total of 4.9 hours for Wodtke's 2008 work for "drafting protest to advice letters implementing D.08-04-039." We disallow these hours, as outlined on page 14, because they did not make a substantial contribution to the decision.
CFC requests a total of 9.1 hours for Wodtke's work in 2008 for "drafting and filing" CFC's request for compensation. Given the relative quick disposition of this proceeding and the fact that other intervenors requested half this amount for compensation in this proceeding, we disallow 4.1 hours for the completion of this task.
5.2. Intervenor Hourly Rates
We next take into consideration whether the claimed fees and costs are comparable to the market rates paid to experts and advocates having comparable training and experience and offering similar services.
CFC seeks an hourly rate of $350 for Alexis Wodtke's work performed in 2008. We previously approved a rate of $340 for Wodtke's work in 2007 in
D.08-12-057. The request for Wodtke's new rate includes a 3% COLA increase. We find this amount to be reasonable, and adopt it here.
5.3. Direct Expenses
CFC has no direct expenses for which it seeks compensation.
36 In its request for compensation, CFC totals the hours spent related to the preparation of its NOI and its compensation request at 20.4 hours. CFC's timesheets, however, list the actual hours as 9.1 hours.
