Hourly Rates

In D.02-05-011 we set a 1998 rate for Brown at $260/hour. In the claim resolved by D.01-09-011, Greenlining Institute and Latino Issues Forum requested a rate of $275/hour for work performed in 1998 through 2000. The 1998 rate adopted in D.02-05-011 should be used to award compensation for work performed in 1998. Consistent with the rate requested by Brown, we adopt $275/hour as the rate for Brown's work in this proceeding in 1999 and 2000. This rate is at the high end of rates awarded to Brown's peer group of Commission practitioners for 1999. The $275/hour rate for 2000 does not reflect any change from 1999 rates to account for changes in market rates for legal services between 1999 and 2000. Because it reflects her 1999 rate, we do not consider the modified 2000 rate we adopt today for Brown to limit the Commission's ability to set a different rate for 2000 in a different proceeding.

In D.02-05-011 we set a 1998 rate for Gnaizda at $290/hour. In this claim, Greenlining Institute and Latino Issues Forum requested a rate of $375/hour for work performed in 1998 through 2000. The 1998 rate adopted in D.02-05-011 should be used to award compensation for work performed in 1998. Consistent with the discussion in D.02-05-011, we look to the hourly rates adopted for Michel Florio of The Utility Reform Network (TURN) to set a rate for Gnaizda for 1999 and 2000. In 1999, Florio was awarded $300/hour (see D.99-11-049). In 2000, Florio was awarded $310/hour (see D.00-10-020). We will utilize these same rates for Gnaizda for 1999 and 2000.

We make these changes based on our comparison of the market rates, as described in Of Counsel, in place over this time period and the hourly rates awarded to other intervenors, with similar backgrounds and experience, who appeared before the Commission over the same time period. Greenlining Institute and Latino Issues Forum did not make these same types of comparisons, which we find particularly useful in evaluating hourly rates, so we take this opportunity to encourage them to do so in future claims.

We make no changes to other hourly rates adopted in D.02-02-004.