6. Reasonableness of Requested Compensation

CARE requests $36,372.00 for its participation in this proceeding, as follows:

Work on Proceeding
Attorney/Staff	Year	Hours	Hourly Rate	Total
Michael Boyd	2006	76.5	$130.00	$ 9,945
Michael Boyd	2007	13.0	$130.00	$ 1,690
Lynne Brown	2006	28.0	$110.00	$ 3,080
Lynne Brown	2007	5.0	$110.00	$ 550
Bill Powers	2006	59.5	$200.00	$11,900
Cory Briggs	2007	33.0	$250.00	$ 8,250
Subtotal:				$35,415
Preparation of NOI and Compensation Request
Attorney/Staff	Year	Hours	Hourly Rate	Total
Michael Boyd	2007	10.0	$ 65.00	$ 650.00
Subtotal Hourly Compensation:				$ 650.00
Expenses				$ 307.00
Total Requested Compensation				$36,372.00

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's decisions are reasonable by determining to what degree the hours and costs are related to work performed and necessary for the substantial contribution.

CARE documented its claimed hours by presenting a breakdown of the hours of its attorneys and experts, accompanied by a brief description of each activity. Although CARE's participation in this proceeding was important and valuable, the number of hours claimed for compensation is excessive in light of the volume and complexity of certain tasks performed when compared to the volume, complexity and quality of the work the intervenor produced. A review of the record indicates that excessive hours have been requested for the following tasks, and the Commission has reduced them for purposes of reasonable compensation:

TASK	Hours Requested	Hours Approved
Review SCE's Application, Testimony, Declarations, and Exhibits (redacted and unredacted) November 2006	40.5	30.5
Prepare for Prehearing Conference November 2006	22.5	7.7
Prepare Testimony, Declarations, etc November 2006	52.0	32.0
Preparation of five-page opening brief December 2006-excessive	16.0	10.0
Work on two-page reply comments on Proposed Decision (PD)-Reply comments failed to comply with Rule 14.5	12.0	2.0
Application for rehearing (9 pages).-application repeats CARE's comments on PD/CARE withdrew its application for rehearing.	23.0	0

The reduction in compensation (84.0 hrs) was proportionally reduced for all participants in these activities based on time sheet records. As a result the hours upon which we award compensation are:

Work on Proceeding
Attorney/Staff	Year	Hours	Hourly Rate	Total
Michael Boyd	2006	59.5	$115.00	$ 6,842.50
Michael Boyd	2007	6.0	$125.00	$ 750.00
Lynne Brown	2006	11.0	$100.00	$ 1,100.00
Lynne Brown	2007	3.0	$110.00	$ 330.00
Bill Powers	2006	42.5	$200.00	$ 8,500.00
Cory Briggs	2007	9.0	$250.00	$ 2,250.00
Subtotal Hourly Compensation				$19,772.50
Preparation of NOI and Compensation Request
Attorney/Staff	Year	Hours	Hourly Rate	Total
Michael Boyd	2007	10.0	$ 65.00	$ 650.00
Subtotal Compensation Request:				$ 650.00
Expenses				$ 307.00
Total Award				$20,729.50

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 offering similar services.

CARE requests a single hourly rate of $130 for work performed by Boyd for 2006 and 2007. The Commission has previously compensated Boyd in 2006 at an hourly rate of $115 per hour in D.07-12-007, and that rate is adopted here. In 2007, using a formula of a 3% increase for a cost of living allowance in addition to a 5% step increase, hourly compensation at a rate of $125 per hour is reasonable and we adopt it here. Brown has previously been compensated at a rate of $100 per hour in 2006 for D.07-12-007 and we adopt this rate here. In 2007, using a formula of a 3% increase for a cost of living allowance in addition to a 5% step increase, compensation at a rate of $110.00 per hour for 2007 is reasonable and is adopted here. In 2003, the Commission previously compensated Powers at a rate of $185 per hour in D.06-04-018. Applying a formula of a 3% cost of living allowance, CARE's request for his compensation in 2006 at a rate of $200 per hour is reasonable and is adopted here. In Boyd's email dated August 7, 2008 to the Commission, he indicates that Briggs is an attorney, licensed to practice law in the State of California since 1995. Briggs also holds a Masters of Law degree in environmental law and a Masters of Arts degree in philosophy. The majority of his law practice involves public-interest law, emphasizing litigation under CEQA. CARE's request for an hourly compensation rate of $250 per hour for his work in 2007 is reasonable when compared to the market rates paid to experts and advocates having comparable training and experience and offering similar services, and we adopt it here.

6.3. Direct Expenses

The itemized direct expenses submitted by CARE include the following:

The cost breakdown included with the request shows the miscellaneous expenses to be commensurate with the work performed. CARE's travel expenses are for its out-of-town expert and not related to routine commuting. We find these costs reasonable.