6. Reasonableness of Requested Compensation

TURN submitted two requests, one for $62,210.33 and another for $211,510.00, for a total of $273,720.33 for its participation in the decisions, as follows:

September 19, 2006 Request
Attorney/Staff	Year	Hours	Hourly Rate	Total
Michel Peter Florio	2005	21.25	$470	$ 9,987.50
Michel Peter Florio	2006	66.25	$490	$32,462.50
Matthew Freedman	2005	4.75	$270	$ 1,282.50
Kevin Woodruff	2005	22.50	$200	$ 4,500.00
Kevin Woodruff	2006	52.00	$225	$11,700.00
Subtotal:				$59,932.50
Preparation of NOI and Compensation Request
Attorney/Staff	Year	Hours	Hourly Rate	Total
Michel Peter Florio	2006	8.25	$245	$ 2,021.25
Subtotal Hourly Compensation:				$61,953.75
Expenses				$ 256.58
Total Requested Compensation (09/19/2006)				$62,210.33

February 19, 2008 Request
Attorney/Staff	Year	Hours	Hourly Rate	Total
Michel Peter Florio	2006	41.75	$485	$ 20,249.00*
Michel Peter Florio	2007	254.25	$520	$132,210.00
Hayley Goodson	2007	13.25	$210	$ 2,783.00*
Marcel Hawiger	2006	2.00	$280	$ 560.00
Marcel Hawiger	2007	0.75	$300	$ 225.00
Kevin Woodruff	2006	79.00	$225	$ 17,775.00
Kevin Woodruff	2007	142.00	$225	$ 31,950.00
Cynthia Mitchell	2007	17.50	$140	$ 2,450.00
Subtotal:				$208,202.00
Preparation of NOI and Compensation Request
Attorney/Staff	Year	Hours	Hourly Rate	Total
Michel Peter Florio	2008	10.25	$260	$ 2,665.00
Subtotal Hourly Compensation:				$210,867.00
Expenses				$ 643.00*
Total Requested Compensation (02/19/2008)				$211,510.00

* Rounded up to the nearest dollar.

Grand Total Requested Compensation

$273,720.33

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 Commission discusses below the issues the Commission considers to determine reasonableness.

6.1. Hours Related to and Necessary for Substantial Contribution

The Commission first assesses 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 are related to the work performed and necessary for the substantial contribution.

TURN documented its claimed hours by presenting a daily breakdown of the hours of its attorneys, accompanied by a brief description of each activity. The hourly breakdown reasonably supports the claim for total hours.

Because the Commission disallows TURN's request for compensation for work done in proceeding A.05-06-003, the Commission adjusts the hours from TURN's September 19, 2006 request as follows:

Attorney/Staff	Year	Hours
Michel Peter Florio	2005	12.00
Matthew Freedman	2005	2.25
Kevin Woodruff	2005	6.50

6.2. Intervenor Hourly Rates

The Commission next takes 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.

TURN seeks an hourly rate of $470 for Florio for work performed in 2005. The Commission previously approved this rate for Florio in D.06-07-011⁵ and adopts it here.

TURN seeks, in its first request, an hourly rate of $490 for Florio for work performed in 2006. In its second request, TURN seeks an hourly rate of $485 for Florio for work performed in 2006. The Commission previously approved the rate of $485 for Florio in D.06-11-031⁶ and adopts it here.

TURN seeks an hourly rate of $520 for Florio for 2007. This rate represents a 3% cost-of-living adjustment (COLA) plus a 5% step increase over Florio's previously approved 2006 rate but capped within the authorized rate range for attorneys with 13+ years of experience. The Commission previously approved an hourly rate of $500 for Florio for 2007 in D.07-05-043; while that decision states that this increase included a 5% step increase, TURN correctly points out that it only represents the 3% COLA over the 2006 rate of $485.⁷ Thus, applying the 5% step increase and taking into account the limit of rate range, the Commission finds reasonable and approves the hourly rate of $520 for Florio for 2007. TURN does not seek any further increase in Florio's rate for his work performed in 2008 for this compensation request but reserves the right to seek a higher 2008 rate in future compensation requests.

TURN seeks an hourly rate of $270 for Freedman for work performed in 2005. The Commission previously approved this rate for Freedman in D.06-07-011⁸ and adopts it here.

TURN seeks an hourly rate of $210 for Goodson for work performed in 2007. The Commission previously approved this rate for Goodson in D.07-12-026⁹ and adopts it here.

TURN seeks an hourly rate of $280 for Hawiger for work performed in 2006. The Commission previously approved this rate for Hawiger in D.06-10-018¹⁰ and adopts it here.

TURN seeks an hourly rate of $300 for Hawiger for work performed in 2007. The Commission previously approved this rate for Hawiger in D.07-12-026¹¹ and adopts it here.

TURN seeks an hourly rate of $200 for Woodruff for work performed in 2005. The Commission previously approved this rate for Woodruff for 2003 in D.04-05-050¹² and adopts it here.

TURN seeks an hourly rate of $225 for Woodruff for work performed in 2006. The Commission previously approved this rate for Woodruff in D.07-06-045¹³ and adopts it here. TURN does not seek an increase in Woodruff's rate for his work performed in 2007.

TURN seeks an hourly rate of $140 for Mitchell for work performed in 2007. The Commission previously approved this rate for Mitchell for 2005 in D.06-03-023¹⁴ and adopts it here.

6.3. Direct Expenses

TURN submitted expenses of $256.58, including costs for photocopying, postage, consultant's travel and meals; and $642.93, including costs for photocopying, consultant's travel, lodging, and meals. TURN's requests for direct expenses are all reasonable and commensurate with the work performed with the exception of reimbursement for meals.

* Disallowed.

As the Commission explained above, it disallows compensation for TURN's work in proceeding A.05-06-003. Thus the Commission disallows the $85.20 in expenses associated with TURN's work in that proceeding.

The cost breakdown included with the request shows miscellaneous expenses, excluding meal allowances, to be reasonable and commensurate with the work performed.

⁵ D.06-07-011, p. 11.

⁶ D.06-11-031, p. 11.

⁷ D.07-05-043, p. 15.

⁸ D.06-07-011, p. 11.

⁹ D.07-12-026, Appendix A, p. 1.

¹⁰ D.06-10-018, Appendix A, p. 1.

¹¹ D.07-12-026, Appendix A, p. 2.

¹² D.04-05-050, p. 13.

¹³ D.07-06-045, pp. 2-5.

¹⁴ D.06-03-023, p. 16.

¹⁵ TURN's total of all expenses was reduced to $875.76 due to the disallowance of meals.