6. Reasonableness of Requested Compensation

San Luis Obispo Mothers for Peace requests $19,213.55 for its participation in this proceeding. The table below summarizes the request, which we calculate to total $18,552.54.⁶

	Role	Year	Hours	Rate	Total
Becker	Policy Expert	2001	13.25	$ 100.00	$ 1,325.00
Zamek	Secretarial Support	2001	4.00	$ 50.00	$ 200.00
Von Ruden	Secretarial Support	2001	4.00	$ 50.00	$ 200.00
Becker	Policy Expert	2002	9.25	$ 100.00	$ 925.00
Becker	Policy Expert	2003	101.17	$ 100.00	$ 10,117.00
Becker	Travel	2003	16.00	$ 50.00	$ 800.00
Becker	Compensation	2003	1.50	$ 100.00	$ 150.00
Wagner	Expert	2003	10.50	$ 50.00	$ 525.00
Weisman	Expert	2003	10.00	$ 50.00	$ 500.00
Schumann	Expert	2003	10.50	$ 50.00	$ 525.00
Staff (Zamek, Von Ruden, Rafferty)	Support	2003	14.00	$ 35.00	$ 490.00
Becker	Policy Expert	2004	4.25	$ 100.00	$ 425.00
Becker	Compensation	2004	3.50	$ 100.00	$ 350.00
				Subtotal	$ 16,532.00
				Expenses	$ 2,020.54
				Total	$ 18,552.54

The components of this request must constitute reasonable fees and costs of the customer's preparation for and participation in a proceeding that resulted in a substantial contribution. Thus, only those fees and costs associated with the customer's work that the Commission concludes made a substantial contribution are reasonable and eligible for compensation.

To assist us in determining the reasonableness of the requested compensation, D.98-04-059 directed customers to demonstrate productivity by assigning a reasonable dollar value to the benefits of their participation to ratepayers. The costs of a customer's participation should bear a reasonable relationship to the benefits realized through their participation. This showing assists us in determining the overall reasonableness of the request.

San Luis Obispo Mothers for Peace's emphasis in this proceeding has been to improve the responsiveness of the DCISC to public concerns and to focus on the safety of Diablo Canyon, but it did not identify precise monetary benefits to ratepayers. However, San Luis Obispo Mothers for Peace's focus on policies that promote safety and reliability of PG&E's nuclear facilities should have lasting benefits to ratepayers which, though hard to quantify, are substantial. Thus, we find that San Luis Obispo Mothers for Peace's efforts have been productive.

Next, we must assess whether the hours claimed for the customer's efforts that resulted in substantial contributions to Commission decisions are reasonable. San Luis Obispo Mothers for Peace focused solely on issues relating to Diablo Canyon and documented its claimed hours by presenting a daily breakdown of the hours claimed, accompanied by a brief description of each activity. In comments on the request, PG&E argues that time spent on the original petition filed in A.00-11-038 and later transferred to this proceeding is not compensable because the original petition was superseded by the Revised Petition. We disagree that time spent on the original filing should not be compensated simply because the petition was updated; such updates occur frequently with parties' positions and testimony during the course of a proceeding.

The hourly breakdown reasonably supports the claim for Rochelle Becker's total hours, with two exceptions. First, Becker claimed time to prepare for a public participation hearing. We have consistently indicated since 1996 (D.96-08-040, 67 CPUC2d 562, 577, and as recently as D.04-08-041, p. 12), that we do not award compensation for the time spent by a party preparing for public participation hearings, as such hearings are an opportunity for non-parties to address the Commission. In addition, consistent with D.03-10-056 and D.04-08-025, communications with the press are not compensable. In total, 8.5 hours of Becker's time in 2003 should be removed for these two items. The remainder of Becker's time is reasonable.⁷

Several other people assisted Becker in participating in this case. In comments on the request for compensation, PG&E opposes compensation for time claimed for persons other than Becker because of lack of documentation or explanation of their roles in the proceeding. In response to a request for additional documentation by ALJ Cooke, San Luis Obispo Mothers for Peace provided a brief description of the personnel that assisted Becker, the role they played, and their qualifications.⁸

Although the time sheets characterize time spent by Jill Zamek and June Von Ruden as secretarial, the additional information provided to the ALJ identifies the work as research, which is eligible for compensation. Likewise, the time claimed by San Luis Obispo Mothers for Peace for staff work (by Zamek, Von Ruden, and Morgan Rafferty) appears to have had direct input into San Luis Obispo Mothers for Peace filings, as opposed to being administrative in nature. The time of Zamek, Von Ruden, and Rafferty is reasonable.

San Luis Obispo Mothers for Peace did not submit testimony in this proceeding, but did include declarations and letters by three citizens from the San Luis Obispo area with its Revised Petition to Modify D.88-12-083 (dated May 23, 2003). In its clarification, San Luis Obispo Mothers for Peace indicates that these materials are what was prepared by Peter Wagner, David Weisman, and Klaus Schumann, and constitute the work product for which San Luis Obispo Mothers for Peace claims compensation. The letter by Weisman is dated August 27, 2001, and is addressed to Commissioner Lynch. The letter does not appear to have been prepared on behalf of San Luis Obispo Mothers for Peace, and in any event, its preparation precedes the April 1-30, 2003 dates for which Weisman's time is claimed. Weisman's time is not eligible for compensation. Unlike Weisman's letter, the declarations of Wagner and Schumann are May 20, 2003 and April 25, 2003 respectively. We have reviewed the declarations, and although they do not make entirely clear that they were prepared at the request of San Luis Obispo Mothers for Peace, or that there was any expectation of compensation by Wagner or Schumann for preparing them, we find that it was reasonable for San Luis Obispo Mothers for Peace to seek additional input from local experts to support its petition, and that the time spent by Wagner and Schumann to prepare their declarations that were used to support the petition is reasonable.

San Luis Obispo Mothers for Peace identified the hours associated with Becker's travel and preparation of this compensation request. The amount of time claimed for these activities is reasonable.

Finally, in determining compensation, we take into consideration the market rates for similar services from comparably qualified persons. Becker seeks an hourly rate of $100 for her work in 2001 through 2004. Becker has more than 20 years of experience representing San Luis Obispo Mothers for Peace in Commission and other administrative agency proceedings and attending local meetings on nuclear safety issues. She was last awarded a rate of $75/hour in D.98-03-065. Becker has a business degree from the University of San Francisco and works closely with other reactor communities to assure that decisions relating to Diablo Canyon are consistent with and/or exceed the safety levels of other nuclear facilities. Although San Luis Obispo Mothers for Peace does not provide any comparison to other experts to allow us to evaluate the requested rate, the rate is significantly lower than rates we have recently authorized for experts with fewer years of experience in their field and practicing before us. In addition, we have awarded rates in the range of the requested $100 rate to recent college graduates. Therefore, the requested hourly rate of $100 for 2001-2004 is reasonable. Becker's travel time will be compensated at half her hourly rate. Normally we award half the hourly rate for attorney time spent on compensation related matters arguing that it does not take the skill of an attorney to prepare compensation related materials. In this case, Becker, a non attorney, prepared the NOI and request and is compensated at a fairly low rate. Therefore, Becker's time spent on compensation matters will be compensated at her normal hourly rate.

San Luis Obispo Mothers for Peace requests $35/hour⁹ for time spent by Zamek, Von Ruden, and Rafferty for research and $50/hour for time spent by Wagner and Schumann to prepare their declarations. Each of these individuals has several years of experience working with San Luis Obispo Mothers for Peace or other local community organizations on issues related to Diablo Canyon and the DCISC. The rates requested are lower than rates commonly awarded to recent college graduates without any experience and are reasonable. Because we do not find the time claimed for Weisman reasonable, we do not evaluate his claimed hourly rate.

The itemized direct expenses submitted by San Luis Obispo Mothers for Peace include costs for travel, photocopying, postage, and messenger services and total $2,020.54. The cost breakdown included with the request shows the miscellaneous expenses to be commensurate with the work performed. We find these costs reasonable.