7. Reasonableness of Requested Compensation

Sustainable Conservation requests $30,394.50³⁴ for its participation in this proceeding, as follows:

In general, the components of this request must constitute reasonable fees and costs of the customer's preparation for and participation in a proceeding in which the intervenor has made a substantial contribution. The issues we consider to determine reasonableness are discussed below.

7.1. 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.

Sustainable Conservation has documented its claim by presenting a daily breakdown of hours for its participants. It fails, however, to identify its claimed hours by issue as required by Rule 17.4(b). Sustainable Conservation must comply with this requirement in future claims. We also adjust the award for duplication as described above.

Additionally, we note that there are two minor calculation errors in the claim. The first involves the 2007 hours claimed for Dusault. We total the number at 50.5, not the 52.5 total requested by Sustainable Compensation. The second involves the ½ hourly rate requested for London's preparation of the NOI in 2006. Previously, an hourly rate of $175.00 was adopted for London's 2006 work in D.06-11-038. Sustainable Conservation however requests 4.6 hours to be compensated at $90, when the correct amount should be $87.50. We use these corrected figures in computing the final award.

Although we have not reduced the number of hours that Sustainable Conservation claims it has spent on the preparation of its NOI and request for compensation, we note that a total of 19.1 hours is relatively high compared to other similar claims, particularly given the relative brevity of the claim. Sustainable Conservation is new to Commission proceedings and we will expect that with time and an increase in experience, these hours will be reduced. We also note that many of the 19.1 hours were spent on the claim that we denied in D.08-07-021. While we could remove those hours (e.g., because they relate to the Category 1 claim not the Category 3 claim reviewed here), we decline to do so given the unique situation and because Sustainable Conservation did not seek compensation for time to prepare the 2008 request.

7.2. 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.

Sustainable Conservation seeks an hourly rate of $175 for London, for work performed in 2006 and $180 for work performed in 2007. We previously approved the 2006 rate for London in D.06-11-038 and we adopt the same rate here. The 2007 rate request of $180 for London is also reasonable when adding a 3% cost-of-living allowance, and we adopt it here.

This is Allen Dusault's first request for intervenor compensation. Dusault has more than 20 years of experience in water quality issues, waste management, transportation, agriculture, and energy generation that spans the public, private, and non-profit sectors. He started his career as a soil scientist in Virginia and then moved onto senior positions with the Massachusetts Department of Environmental Protection, where he managed solid waste programs, Laidlaw Waste Systems and was the East Coast Director of Recycling.

Additionally, Dusault helped launch a conservation tillage initiative to transform how crops are grown in California, and is currently developing carbon credit programs (in anticipation of the implementation of the state's Global Warming Solutions Act, AB 32) for crop agriculture and dairies. Dusault is the Program Director of the organization's Sustainable Agriculture program and oversees several projects, including a renewable fuels initiative and the development of sustainably produced biodiesel, biomethane and bioethanol in California.

Dusault holds an MBA from the University of Redlands, an MS in Resource Management from the University of Guelph in Ontario, Canada, and a BS in soil science from the University of Wisconsin, Madison. Dusault provided direction and analysis on all aspects of Sustainable Conservation's participation, helping to draft written documents, coordinate efforts with other parties and ensure that all information submitted in the proceeding was accurate.

Sustainable Conservation requests an hourly rate of $220 for Dusault's work conducted in 2006/2007. This rate is within the range of $150-$380 per hour identified in D.08-04-010 for intervenors with more than 13 years of professional experience. In support of its request, Sustainable Conservation cites several awards made to other intervenors with similar experience and responsibility within their organization. Specifically, in D.07-06-032, the Commission approved an hourly rate of $232 for work performed by Alan Nogee, Director of the Clean Energy Program for the Union of Concerned Scientists and in D.06-11-038, the Commission approved an hourly rate of $215 for the 2006 work of Daniel Lashof, Deputy Director of the Climate Center for the Natural Resources Defense Council.

We approve the hourly rate of $220 for Dusault's work in 2006-2007 as an expert. This hourly rate is within the reasonable range ($150-$380) as identified in D.08-04-010 for expert witnesses with 13 years or more of experience.

7.3. Direct Expenses

Sustainable Conservation has no direct expenses for which it seeks compensation.

³⁴ Sustainable Conservation miscalculated the requested amount. We correct the calculation error here. The correct total of the claim, based on the requested hours and rates should be $30,376.50.