5. Reasonableness of Requested Compensation

Aglet requests $106,993.82 for its participation in this proceeding, as follows:

Work on Proceeding
Attorney/Staff	Year		Hours		Hourly Rate	Total
James Weil	2007		280.20		$280	$78,456.00
James Weil	2008		59.20		$300	$17,760.00
Subtotal:						$96,216.00
Preparation of NOI and Compensation Request
Attorney/Staff	Year		Hours		Hourly Rate	Total
James Weil	2007		3.10		$140	$ 434.00
James Weil	2008		17.70		$150	$ 2,655.00
Subtotal:						$ 3,089.00
Travel Expenses
James Weil 2007 43.30					$140	$ 6,062.00
Subtotal Work on Proceeding						$96,216.00
Subtotal Compensation Preparation						$ 3,089.00
Subtotal Travel						$ 6,062.00
Expenses						$ 1,612.82
Total Compensation (as requested)						$106,993.823
Total Compensation (as corrected)						$106,979.82

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.

5.1. 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.

Aglet documented its claim by presenting a breakdown of the hours for its attorneys with a brief description of each activity. The Commission awards fees and expenses for reasonable travel time and does not compensate for routine travel. As such, travel expenses and compensation requests for Weil are reduced accordingly to reflect this policy. With the exception of travel time and related travel expenses,⁴ all other hours and direct expenses are reasonable and commensurate with the work performed.

5.2. 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.

Aglet seeks an hourly rate of $280 for Weil, for work performed in 2007. We previously approved this rate for Weil in D.07-05-037, and adopt it here. Aglet seeks an hourly rate of $300 for Weil, for work performed in 2008. We previously approved this rate for Weil in D.08-05-033, and adopt it here.

5.3. Direct Expenses

The itemized direct expenses submitted by Aglet include the following:

Exclusive of Aglet's request for travel expenses, all other expenses are reasonable and commensurate with the work performed.

³ Aglet makes a minor mathematical error when it calculates "Weil travel and compensation time" (year 2007) at 46.5 hours. It should be 46.4 hours (3.10 hours spent on NOI preparation, plus 43.30 hours spent on travel). The corrected requested compensation should be $106,979.82 not $106,993.82, a difference of $14.00. We use the corrected amount when calculating our award.

⁴ Compensation for travel expenses disallowed. See D.07-04-010, at 12.