7. 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. We have not previously established rates for intervenors' attorneys, paralegal or experts.

7.1. Sky Woodruff

For attorney Sky Woodruff, the lead counsel for the intervenors in this proceeding, the Mackintoshes request a rate of $250 for his work in the year 2006 and $270 for his work in the year 2007. Woodruff appeared before the Commission in Application (A.) 99-11-025 (Tri-Valley 2002 capacity increase project) and A.02-09-043 (Jefferson-Martin 230kV transmission project). By the year 2006, Woodruff had 8 years of experience in regulatory matters.

Based on Woodruff's years of experience, comparable market rates, his role in this proceeding, and his history of work on Commission proceedings, we approve the requested rate of $250 for his work in 2006. The requested 2007 hourly rate of $270 includes a 3% cost-of-living adjustment and 5% "step" increase added to Woodruff's 2006 rate. Such an increase is permissible under D.07-01-009, and we therefore approve the requested 2007 rate of $270.

7.2. Amrit S. Kulkarni

For attorney Amrit S. Kulkarni, the Mackintoshes request a rate of $250 for work in 2006 and $270 in 2007, which includes a 3% cost-of-living adjustment and 5% "step" increase added to the 2006 hourly rate.

We find reasonable the requested rate of $250 for the year 2006 and adopt it here. In 2006, Kulkarni had 8 years of legal experience, including work on regulatory matters. His involvement in this proceeding consisted of reviewing pleadings and advising on CEQA matters. Furthermore, the requested rate is less than rates authorized by the Commission for attorneys with 8 to 12 years of experience.

With respect to Kulkarni's 2007 rate, however, while it appears that he has the same years of legal experience as Sky Woodruff, we decline to apply a step increase to the 2006 rate as requested. Kulkarni is new to Commission work and worked on limited number of issues in this proceeding. To establish his 2007 rate, we apply the 3% cost-of-living adjustment to his 2006 rate. The result is a rate of $260 for Kulkarni's work in 2007.

7.3. Kyle La Londe

The Mackintoshes request a rate of $225 for attorney Kyle La Londe's work in 2006. La Londe received his law degree in 2003. La Londe coordinated the intervenors' protest and prepared many initial filings.

According to D.07-01-009, the 2006 rate range for attorneys with 3 to 4 years of experience is $190-$225. The intervenors fail to justify a rate for La Londe at the highest end of the range. During the relevant period, La Londe had practiced law for 4 years and had not previously practiced before the Commission. Further, the intervenors request the rate of $225 for Steven Berninger, a lead attorney on the case with 7 years of experience. The Mackintoshes have not justified the same rate for both attorneys.

In D.06-05-037, the Commission adopted the rate "near the middle of the range," where an attorney with 4 years of experience was practicing before the Commission for the first time. D.06-05-037, mimeo., p. 15. Under similar circumstances here, we conclude that $205 represents a reasonable hourly rate for La Londe's work in 2006, and we adopt this rate here.

7.4. Steven D. Berninger

The intervenors request a rate of $225 for attorney Steven D. Berninger's work in 2006. They describe Berninger as an attorney with 7 years of environmental and land use experience, who took a lead role in this matter following La Londe's departure. Because the requested rate is below rates approved for attorneys with 5 to 7 years of experience in D.07-01-009, we find the rate reasonable and adopt it here.

7.5. Brian F. Crossman

The intervenors request an hourly rate of $195 for attorney Brian F. Crossman's work in 2006 and $200 for his work in 2007. According to the Request, in 2006 Brian F. Crossman was a first year associate at the Meyers, Nave firm, with a focus on land use and environmental laws. He took over for Berninger following his departure from the firm.

The Mackintoshes do not explain why Crossman is qualified for the highest rate in the range authorized in D.07-01-009 ($140-$195 for attorneys with 0 to 2 years of experience). They simply rely on D.06-04-018, which awarded $190 to a first year associate. However, the Commission has also adopted a lower rate for a first year associate. See, e.g., D.07-11-013 mimeo., p. 13, n. 13 ("[A] $165/hour rate is approximately the midpoint of the 2006 range for attorneys with 0 to 2 years' experience adopted in D.07-01-009").

We find that the rates of $170 for Crossman's work in 2006 and $175 for his work in 2007 are reasonable. The 2007 rate includes a 3% cost-of-living adjustment added to the 2006 rate. We adopt these rates here.

7.6. Chrystal B. James

The Mackintoshes seek an hourly rate of $225 for attorney Chrystal B. James for 2006 and $230 for 2007. The Mackintoshes do not explain why they seek the highest rate in the range of rates ($190-$225) authorized in D.07-01-009 for attorneys with 3-4 years practicing law. This proceeding was James's first appearance before the Commission, and she was not lead attorney here.

Based on these facts, the rates of $205 for James's work in 2006 and $210 for her work in 2007 appear to be reasonable. Her 2007 rate includes a 3% cost-of-living adjustment added to the 2006 hourly rate.

7.7. Paralegal Hammond East

The Mackintoshes request the rates of $125 for paralegal Hammond East's work in 2006 and $130 for his work in 2007. Unfortunately, the intervenors provide no information on East's experience or qualifications and simply rely on D.06-04-018, which adopted a rate of $155 for paralegal Barbara Nielsen's work in 2004. There, Nielsen had a law degree, 23 years of paralegal experience, and had worked on Commission proceedings for many years. The Mackintoshes here do not show that East's experience and education are in any way comparable to Nielsen nor do they provide sufficient justification for requesting a high hourly rate for East.

Based on the average paralegal's rate approved by the Commission, hourly rates of $95 for East's work in 2006 and $100⁸ in 2007 are reasonable and we adopt these rates here.

7.8. Expert William Stephenson

The Mackintoshes request a 2006 rate of $225 for expert William Stephenson, who had appeared before the Commission in the past. The intervenors base this rate on the 3% increase applied twice-to his 2004 rate (to establish the 2005 rate) and to his 2005 rate (to establish the 2006 rate). However, we have not established his 2005 rate, since Stephenson's prior work took place in 2004. D.06-04-018 approved a 2004 rate of $210.

The Commission allows the 3% cost-of-living increase over 2004 rates in limited situations, and Stephenson does not meet the requirements for increases contemplated in D.05-11-031:

Under the following conditions, a request justifying an increase in a previously authorized rate for a particular representative, for work performed in 2005, may be considered....

1. Where a representative's last authorized rate was for work done before 2004, an increase is reasonable, but we will limit the increase to 3% per year....

2. Where additional experience since the last authorized rate would move a representative to a higher level of qualification (e.g., from intermediate to senior), an increase is reasonable to bring the representative's hourly rate within the range of the representative's peers at the higher level.

3. Where a representative's last authorized rate is below that of the range of rates shown in the tables above for representatives with comparable qualifications, an increase is reasonable.... (D.05-11-031, mimeo., pp. 17-18.)

Accordingly, Stephenson's 2006 rate should be based on his 2004 rate plus a 3% cost-of-living adjustment, as authorized in D.07-01-009. The resulting rate is within the rate range adopted in that decision for experts with similar relevant experience. Based on the foregoing, we adopt a rate of $215 for Stephenson's work in 2006.

7.9. Expert Richard Renouf

The intervenors request an hourly rate of $45 for their expert Richard Renouf. This rate is well below the rate range established in D.07-01-009 for experts. We adopt the requested rate here.

⁸ The intervenors calculate East's work on intervenor compensation matters in 2007 based on a half ($65) of his full requested rate of $130. However, unlike attorney's fees, no reduced fee is provided for paralegal's work on intervenor compensation matters.