4. The Reasonableness of Requested Compensation

TURN requests compensation for all consultant expenses, direct expenses and attorney fees, for a total request of $17,609.85. Documentation attached to the request shows the following compilation:

J. Anthony:

38.0 professional hours @ $190 $7,220.00

18.25 compensation hours @ $95 1,733.75

R. Costa:

39.0 professional hours @ $180 $7,020.00

R. Finkelstein:

1.5 professional hours @ $280 $420.00

4.0 compensation hours @ $140 560.00

Other:

Copies $1047.00

Postage 182.54

Total $17,609.85

4.1 Hours Claimed

As TURN's telecommunications research director, Regina Costa handled all research and much of the advocacy presentation in this matter. James Anthony, TURN's telecommunications attorney, prepared the comments on the draft decision as well as the request for compensation. Robert Finkelstein, supervising attorney, reviewed pleadings and participated in strategy. Appendix A to the request for compensation contains a daily listing of the tasks performed by TURN's personnel. TURN also appropriately breaks down time spent on various issues and activities. The 22.25 hours devoted to the compensation request is somewhat higher than what we are accustomed to seeing (compare 13.7 hours by the California Association of the Deaf in Rulemaking 00-05-001; 9 hours by TURN in Application 00-05-024). Even allowing for a learning curve for an attorney relatively new to such requests, we find it appropriate to reduce compensation for preparation time by 25%. With this adjustment, TURN's requested award is reduced by $573.44 (i.e., to $17,609.85). Apart from this adjustment, we find the claimed hours to be reasonable.

4.2 Hourly Rates

Section 1806 requires the Commission to compensate eligible parties at a rate that reflects the "market rate paid to persons of comparable training and experience who offer similar services."

TURN seeks compensation for Regina Costa at the rate of $180 per hour for the year 2001. This reflects an increase of $20 per hour, or 12.5%, over the $160 base rate approved for her work in the year 2000. (See D.01-08-011.) This is the first increase sought for Costa since 1996. TURN notes that Costa has worked in the telecommunications field for 16 years, is a former employee of the Washington Utilities and Transportation Commission, and serves on the telecommunications subcommittee of the National Association of State Utility Consumer Advocates. We agree that the rate requested for Costa is comparable to the market rate for consultants with Costa's experience, and we adopt it.

TURN seeks an hourly rate of $190 for attorney James Anthony. Anthony has a history of telecommunications policy work dating back to the early 1980s. He served previously as an associate at Paul & Hanley, a Bay area law firm, and with the Alameda County District Attorney's Consumer and Environmental Protection Division. TURN notes that the rate sought is less than that approved for attorneys with similar experience. TURN has shown that the rate is reasonable, and we adopt it.

TURN requests an hourly rate of $280 for work that Robert Finkelstein performed in this proceeding. This is the same rate previously approved by the Commission for his work in the year 2000. (See D.00-11-002.) TURN has made a sufficient showing of the reasonableness of this rate, and we adopt it.

4.3 Other Costs

TURN claims $1,229.54 for costs relating to photocopying and postage, a reasonable sum that we adopt here.