6. Reasonableness of Requested Compensation
Sustainable Conservation requests $16,29217 for its participation in Resolution E-4137 and D.08-02-010, along with the preparation of its NOI and claim as follows:
Work on Resolution E-4137 | ||||
Attorney/Staff |
Year |
Hours |
Hourly Rate |
Total |
Allen Dusault |
2007/2008 |
14.6 |
$220 |
$ 3,212.00 |
Jody London |
2007/2008 |
7.0 |
$180 |
$ 1,260.00 |
Don Liddell |
2007 |
1.5 |
$300 |
$ 450.00 |
Subtotal: |
$ 4,922.00 | |||
Work on D.08-02-010 | ||||
Attorney/Staff |
Year |
Hours |
Hourly Rate |
Total |
Allen Dusault |
2007 |
2.1 |
$220 |
$ 462.00 |
Jody London |
2007/2008 |
21.1 |
$180 |
$ 3,798.00 |
Don Liddell |
2007 |
20.0 |
$300 |
$ 6,000.00 |
Subtotal: |
$10,260.00 | |||
Preparation of NOI and Compensation Request (1/2 Rate) | ||||||
Attorney/Staff |
Year |
Hours |
Hourly Rate |
Total | ||
Allen Dusault |
2008 |
1.5 |
$110 |
$ 165.00 | ||
Jody London |
2008 |
8.0 |
$ 90 |
$ 720.00 | ||
Don Liddell |
2008 |
1.5 |
$15018 |
$ 225.00 | ||
Subtotal for intervenor compensation preparation |
$ 1,110.00 | |||||
Expenses |
$ .00 | |||||
TOTAL REQUESTED COMPENSATION |
$16,292.00 | |||||
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.
6.1. 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 adjust the award for duplication and failure to make a substantial contribution to parts of Resolution E-4137 as described above.
6.2. 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 requests an hourly rate of $180 for Jody London's work in 2007 and 2008. We previously approved an hourly rate of $180 for her 2007 work in D.09-09-045. The 2007/2008 rate request of $180 for London is reasonable, and we adopt these rates here.
Allen Dusault was awarded an hourly rate of $220 for work performed in 2006 and 2007 in D.09-09-045. Sustainable Conservation requests an hourly rate of $220 for Dusault's work conducted in 2007/2008. We approve the hourly rate of $220 for Dusault's work in 2008 as well.
Sustainable Conservation requests an hourly rate of $300 for Don Liddell for his work in 2007/2008. Lidell is a partner in the law firm of Douglass & Liddell, specializing in energy law issues, serving producers, marketers, and end-users in the electricity, natural gas, and independent power industries. Liddell is a regular participant before the Commission, having active representation of clients, among others, in the following proceedings: Application (A.) 06-03-005, A.06-08-010, Investigation (I.) 05-09-005, I.08-01-026, R.07-01-041 and R.08-03-008.
Liddell's sole professional focus is energy business transactions and regulatory proceedings involving a broad array of energy-related products and services, with over 30 years of experience in the private and government sectors of the industry. Liddell was formerly Assistant General Counsel for Sempra Energy. Liddell is an Adjunct Professor of Law, University of San Diego (USD) School of Law, teaching a course in Energy Law and Policy sponsored by the Energy Policy Initiatives Center of the USD School of Law. Liddell received an LL.M. from the London School of Economics (1975), his J.D. from the University of California Hastings College of the Law (1974) and his B.A. with honors from San Diego State University (1971).
Sustainable Conservation's request for an hourly rate of $300 for Liddell is reasonable given the range of $300-$535 for attorneys with 13-plus years of experience and we adopt it here.
6.3. Direct Expenses
Sustainable Conservation has no direct expenses for which it seeks compensation.
17 Sustainable Conservation's request for compensation was for $16,272. We use the corrected total for consideration of this award.
18 Sustainable Conservation submits timesheets for Liddell totaling his time spent on the preparation of intervenor compensation to be 1.5 hours. His compensation rate for this type of work is $150 an hour, for a total request of $225, not the $185 as requested by Sustainable Conservation. We correct this error (by increasing the request for $40), and consider the corrected amount in our award.
