Sierra Club provided a description of its services and expenditures and requested compensation in the amount of $57,440.96. Sierra Club's request is summarized below:
Attorney's fees
Stephan C. Volker 223.0 hours x $250/hour = $55,750.00
Other Costs
Copying, postage, airfare etc. 1,690.96
57,440.96
Sierra Club described the general tasks performed by Volker during specific months but did not always allocate time to particular tasks. Sierra Club also failed to separately identify time spent traveling to evidentiary hearings by Volker. A reasonable allocation of time for travel is 8.0 hours during each month in which evidentiary hearings occurred (May 2000, June 2000, and June 2001) given that Volker's offices are in Oakland, CA and the hearings were held in Los Angeles, CA. We find that the hours claimed associated with preparing for, traveling to, and participating in the May 2000, June 2000, and June 2001 evidentiary hearings are reasonable, as well as the time claimed in October 2000, and July and August 2001. The remainder of the claimed hours did not result in a substantial contribution to the Commission's decisions. Thus we will authorize compensation for 169.2 hours for professional services and 24.0 hours for travel. The hours claimed and compensated breakdown as follows:
May 2000 |
EH/preparation Travel Motion related |
47.7 hours 8.0 hours 9.8 hours |
Compensable Compensable Not compensable |
June 2000 |
EH/preparation Travel Motion related |
18.3 hours 8.0 hours 2.0 hours |
Compensable Compensable Not compensable |
July 2000 |
Motion related |
18.0 hours |
Not compensable |
October 2000 |
Comments |
15.9 hours |
Compensable |
May/June 2001 |
EH/preparation Travel |
18.3 hours 8.0 hours |
Compensable Compensable |
July/August 2001 |
Briefs |
42.3 hours |
Compensable |
Attorney Volker states that he has over 27 years experience as a practicing environmental lawyer in California and has been awarded attorney's fees at the hourly rate of $300 based on his extensive experience in the field of environmental litigation. We conclude that based on Volker's experience, the requested hourly rate of $250 for services provided in 2000 and 2001 is reasonable. Consistent with past practice, travel time will be compensated at half the authorized professional rate.
We have reviewed Sierra Club's summary of out of pocket expenses for postage, facsimile, copying, telephone charges, airfare, mileage, lodging, parking, and meals and find them reasonable given the scope of this proceeding.
Sierra Club is awarded $46,990.96 as detailed below.
Volker, professional |
169.2 hours |
$250/hour |
$42,300.00 |
Volker, travel |
24.0 hours |
$125/hour |
$ 3,000.00 |
Other Costs |
$ 1,690.96 | ||
Total |
$46,990.96 |
Consistent with previous Commission decisions, we will order Valencia to pay the award to Sierra Club plus any interest due (calculated at the three-month commercial paper rate), commencing October 7, 2002 (the 75th day after Sierra Club filed its compensation request) and continuing on the unpaid amount until full payment of the award.
As in all intervenor compensation decisions, we put Sierra Club on notice that the Commission staff may audit Sierra Club's records related to this award. Thus, Sierra Club must retain adequate accounting and other documentation to support its claim for intervenor compensation.