6. Reasonableness of Requested Compensation
Sarvey requests $14,553.75 in reimbursement for his expert, Dr. Alvin Greenberg as follows:
Tasks |
Hours |
Hourly Rate |
Totals |
Research pipeline safety requirements |
18.25 |
$215 |
$ 3,923.75 |
Prepare data requests |
6.50 |
$215 |
$ 1,397.50 |
Review data responses |
19.25 |
$215 |
$ 4,138.75 |
Write risk report |
20.00 |
$215 |
$ 4,300.00 |
Phone consultation |
1.25 |
$215 |
$ 268.75 |
Clerical work |
15.00 |
$ 35 |
$ 525.00 |
Totals |
80.25 |
$ 14,553.75 |
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.
Sarvey has submitted a breakdown by task of the professional time that his expert spent on this case. Sarvey includes a request for reimbursement for 15 hours of clerical work, which the Commission does not allow. In keeping with this practice, we disallow $525.00 from the final award. All other hours reasonably support Sarvey's claim for an award.
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.
Sarvey requests an hourly rate of $215.00 for Greenberg for his work as an expert in 2007. Greenberg has no previously adopted hourly rates by the Commission. Greenberg has had over two decades of technical and administrative responsibility in the preparation of human and ecological risk assessments, hazardous materials handling and risk management/prevention, and infrastructure vulnerability assessments. He is a member of several state and federal advisory committees, including the California EPA Advisory Committee on Stochastic Risk Assessment Methods, the US EPA Workgroup on Cumulative Risk Assessment, the Cal/EPA Peer Review Committee of the Health Risks of Using Ethanol in Reformulated Gasoline and the California Air Resources Board Advisor Committee on Diesel Emissions and the Cal/EPA Department of Toxic Substance Control Program Review Committee. The 2007 hourly rate request of $215 is reasonable for a professional expert given his level of experience and is adopted here.
6.3. Direct Expenses
No direct expenses were requested.
