6. Reasonableness of Requested Compensation

Sawaya has requested $16,496.54. We have made adjustments to Sawaya's compensable hours as indicated below. With these adjustments, Sawaya's compensation request is as follows:

Advocate's Fee
George M. Sawaya	23.75 hrs. @ $114/hr.	$ 2,707.50
Compensation Request	4 hrs. @ $57/hr.	228.00
Travel Time	1.25 hrs. @ $57/hr.	71.25
Subtotal		$ 2,936.75
Other Costs
Photocopying		$ 59.90
Postage/Facsimile		132.11
Auto Expense		19.53
Subtotal		$ 211.54
TOTAL		$ 3,148.29

6.1 Overall Benefits of Participation

In D.98-04-059, the Commission adopted a requirement that a customer demonstrate that its participation was "productive," as that term is used in § 1801.3, where the Legislature provided guidance on program administration. (See D.98-04-059, mimeo. at 31-33, and Finding of Fact 42.) D.98-04-059 explained that participation must be productive in the sense that the costs of participation should bear a reasonable relationship to the benefits realized through such participation. D.98-04-059 directed customers to demonstrate productivity by assigning a reasonable dollar value to the benefits of their participation to ratepayers. This exercise assists us in determining the reasonableness of the request and in avoiding unproductive participation.

Here, the value that Sawaya contributed is not easy to quantify. While ratepayers may, in the future, benefit from the Commission's admonitions to MCI in D.01-11-017, the amount of compensation requested by Sawaya exceeds this indefinite benefit to ratepayers. Moreover, this proceeding involved few issues of law or fact, and most of the latter were resolved short of hearing. We find that Sawaya could have achieved such positive results as he did obtain for less effort, certainly without going to hearing. Therefore, to make the award commensurate with the benefits realized by ratepayers, we have reduced the compensable hours as explained below.

6.2 Hours Claimed

Sawaya submits time logs to document the 144.71 hours claimed for his participation in this proceeding. The logs include a daily breakdown of hours for Sawaya by task, but not by substantive issue in the proceeding.⁸ MCI argues that the number of hours claimed by Sawaya is excessive and urges the Commission to reduce the compensable hours.

We find that a reduction of the compensable time is appropriate, based on level of contribution that Sawaya made to D.01-11-017 and the imbalance between the number of hours spent by Sawaya on the proceeding and the future benefit to ratepayers, if any. We therefore reduce Sawaya's compensable hours by 80 percent and find that he is entitled to compensation for 20 percent of his time or 29 hours.⁹

6.3 Hourly Rates

Sawaya requests an hourly advocate's rate of $114 for his work in this proceeding. We find that $114 is the hourly advocate's rate that the Commission has most recently awarded to Sawaya,¹⁰ and that half of $114 or $57.00 would be the applicable hourly rate for his travel time and preparation of his compensation request. We apply those rates here.

6.4 Other Costs

Sawaya's expenses include a claimed $211.54 for photocopying, postage, telephone/fax charges, and automobile expense. Sawaya has included detailed supporting documentation. We find these expenses are reasonable.