GPI requests $118,926 for participation in these proceedings, as follows:
Work on Proceedings | ||||
Attorney/Staff |
Year |
Hours |
Hourly Rate $ |
Total $ |
Gregory Morris, Expert |
2006 |
92.0 |
220 |
20,240.00 |
Gregory Morris, Expert |
2007 |
130.0 |
225 |
29,250.00 |
Gregory Morris, Expert |
2008 |
72.5 |
230 |
16,675.00 |
Gregory Morris, Expert |
2009 |
192.5 |
240 |
46,200.00 |
Valerie Morris, Research Associate |
2006 |
15.0 |
31 |
465.00 |
Valerie Morris, Research Associate |
2007 |
25.0 |
32 |
800.00 |
Zoë Harrold, Research Associate |
2007 |
22.0 |
32 |
704.00 |
Zoë Harrold, Research Associate |
2008 |
25.5 |
33 |
841.50 |
Subtotal Hourly Compensation: |
115,175.50 | |||
NOI and Intervenor Compensation Preparation (1/2 rate) | ||||
Gregory Morris |
2009 |
22.0 |
120 |
2,640.00 |
Subtotal NOI/Intervenor Compensation Preparation: |
2,640.00 | |||
Expenses: |
1,110.00 | |||
Total Requested Compensation: |
$118,925.50 |
7.1. Hours and Costs Related to and Necessary for Substantial Contribution
To determine whether the requested compensation is reasonable, we first assess whether the hours claimed are related to the work performed and necessary for the substantial contribution.
GPI documented its claimed hours by presenting a daily listing of the hours that Morris and GPI's Research Associates (RAs) spent on these proceedings, accompanied by a brief description of the work performed and the specific issue (identified by GPI) the task addresses. GPI breaks down Morris' 487 hours of professional time by task is as follows:
Issue |
Requested Hours |
% of Hours by Issue |
Assigned Commissioner's Rulings- Comments on 7 Issues |
66.0 |
14% |
Report Spreadsheets |
42.0 |
9% |
Compliance Reports |
73.5 |
15% |
Resolution E-4052 |
17.5 |
4% |
2007 Procurement Plans |
67.5 |
14% |
Renewable Energy Credit Definition |
2.0 |
.004% |
Short-Term Benchmarks |
48.0 |
10% |
Phase II Issues |
26.5 |
5% |
Comments on OIR |
8.0 |
2% |
Standard Terms and Conditions |
4.5 |
.009% |
2008 Procurement Plans |
22.0 |
5% |
Project Viability Calculator |
39.5 |
8% |
Imperial Valley/Contract Issues |
70.0 |
14% |
Totals |
487.0 |
100% |
For the most part, we find that GPI's listed hours are commensurate with the work it performed. We do note however, that GPI's claim contains multiple entries where Morris logs time for "completing, filing and serving" various pleadings. The filing and serving of documents are clerical tasks in nature and are not compensable. We caution GPI against the combining of multiple tasks in one entry. As such, we disallow 9 hours of Morris' 2006 work, 14.5 hours of Morris' 2007 work, 13.5 hours of Morris' 2008 work and 21.5 hours of Morris' 2009 work.
After the reductions we made to GPI's claim as described in Section 5, the remainder of hours are reasonable and should be fully compensated.
7.2. Intervenor Hourly Rates
We next consider if GPI's claimed hourly rates are comparable to the market rates paid to experts with comparable training and experience and offering similar services. GPI requests 2006, 2007 and 2008 hourly rates for Morris and its Research Associates which have previously been approved by the Commission. We apply these same rates here without further discussion.
Participant |
Hourly Rate Requested |
Year Work Performed |
Justification |
Gregory Morris |
$220 |
2006 |
D.06-08-013 |
Gregory Morris |
$225 |
2007 |
D.08-09-036 |
Gregory Morris |
$230 |
2008 |
D.08-11-029 |
Research Associate |
$ 31 |
2006 |
D.06-08-013 |
Research Associate |
$ 32 |
2007 |
D.08-09-036 |
Research Associate |
$ 33 |
2008 |
D.08-11-029 |
GPI requests an increase of 4.35 percent, equal to $240, for the 2009 work of Morris. GPI acknowledges that Resolution ALJ-235 disallows cost-of-living (COLA) increases for intervenors, but argues that Morris has been representing GPI before the Commission for over 6 years and has never requested a step increase, although he has been a senior-level renewable-energy expert even before the beginning of his work at the Commission. Under these circumstances, applying a step-increase to the hourly rate for Morris is reasonable and is adopted here.
7.3. Direct Expenses
GPI requests compensation for the following direct expenses:
Item |
Requested $ Amount |
Approved $ Amount |
Photocopying |
422.80 |
422.80 |
Postage/Mailing |
188.70 |
188.70 |
Courier Services |
498.50 |
70.00 |
Totals |
$1,110.00 |
$681.50 |
Excluding the disallowance of $428.50 from GPI's request for courier services, all other miscellaneous expenses are reasonable and commensurate with the work performed. We approve courier services only for GPI's October 13, 2006 and November 3, 2006 pleadings in R.06-05-027 as they were not filed electronically. With these two exceptions, all other filings of GPI's were served electronically, so the use of courier services is not justified.