Requested Rates

James Weil

WEC is requesting $250/hour for policy expert Weil's services in 2004 and half that amount for his assistance in preparing WEC's compensation claim in 2005.¹¹ This same rate was previously approved by the Commission in D.05-03-016, and we find it reasonable here.

Lon House

WEC is seeking $260/hour for the services House performed as an advocate and expert. WEC did not utilize an attorney in this proceeding. House has a B.A., two M.A.s and a Ph.D. His background and qualifications match those of Weil. As detailed with specificity in the claim, House seeks $260, as he has three graduate degrees and a varied energy regulatory experience, worked at the California Energy Commission and this Commission, and testified before other Commissions and Boards. WEC also claims this proceeding required his particular expertise in many areas. Based on House's experience and expertise, we approve a rate of $260/hour.

Tanya Lee

WEC requests $150/hour for Tanya Lee, who performed work in 2004 equivalent to that of a paralegal. In comparison, a rate of $145/hour was approved for paralegal Barbara Nelson for work performed in 2003, in D.04-08-025. Considering a normal escalation of Nelson's rate, and based on Lee's qualifications and job function in this proceeding we approve the $150/hour rate.

Vernon Masayesva

WEC requests $175/hour for the services of Masayesva as a policy and native expert in this proceeding. Masayesva has a B.A. and a M.A., is past Chairman of the Hopi Tribe and is currently President of the Black Mesa Trust. While Masayesva's education is similar to others who were awarded $150/hour by the Commission for work performed in 2003,¹² WEC argues for $175/hour based on his unique experience and accomplishments. We agree and will grant Masayesva $175/hour, as we find that rate reasonable and justified by his experience and education.

Nichole Horseherder

WEC seeks $150/hour for the services of Horseherder as an expert in Navajo matters. Horseherder is multilingual, and she procured and translated the Dine' Elders' testimonies in this proceeding and provided policy guidance to WEC. Horseherder's education and experience is similar to others to whom the Commission awarded $150/hour for 2003 work. We approve a rate of $150/hour for Horseherder for 2004.

Jerry Honawa, Leonard Selestewa, Marshall Johnson

WEC is seeking $50/hour for the testimony and/or guidance from each of these individuals. While they do not have college degrees, each has unique knowledge of the people, culture and environs of Black Mesa and contributed to the Commission's understanding of the geography and culture of the area. While WEC could not present any comparable rates, these individuals did contribute to the proceeding and we approve that rate.

The incidental costs for WEC's participation in this proceeding, including copying, postage, telephone, facsimile, research and travel to San Francisco were reasonable and necessary for WEC to participate in the proceeding, and should be compensated in full.