5. Reasonableness of Requested Compensation
TURN requests $272,898.48 for its participation in this proceeding. 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. TURN provided the following summary of its request.
Advocate's Fees | ||||||
R. Costa |
7.75 hours |
x |
$180 (2001) |
= |
$ 13,635.00 |
|
R. Costa |
107.75 hours |
x |
$200 (2002) |
= |
$ 21,550.00 |
|
R. Costa |
390.50 hours |
x |
$215 (2003) |
= |
$ 83,957.50 |
|
R. Costa |
159.75 hours |
x |
$230 (2004) |
= |
$ 36,742.50 |
|
C. Mailloux |
24.75 hours |
x |
$250 (2001) |
= |
$ 6,187.50 |
|
C. Mailloux |
47.50 hours |
x |
$275 (2002) |
= |
$ 13,062.50 |
|
C. Mailloux |
57.50 hours |
x |
$300 (2003) |
= |
$ 17,250.00 |
|
C. Mailloux |
16.00 hours |
x |
$325 (2004) |
= |
$ 5,200.00 |
|
C. Mailloux |
26.00 hours |
x |
$162 (Comp) |
$ 4,212.00 |
||
J. Anthony |
2.25 hours |
x |
$190 (2001) |
= |
$ 427.50 |
|
R. Finkelstein |
3.00 hours |
x |
$340 (2002) |
= |
$ 1,020.00 |
|
R. Finkelstein |
11.25 hours |
x |
$365 (2003) |
= |
$ 4,106.25 |
|
R. Finkelstein |
1.0 hours |
x |
$395 (2004) |
= |
$ 395.00 |
|
R. Finkelstein |
5.0 hours |
x |
$197 (Comp) |
= |
$ 985.00 |
|
SUBTOTAL |
$208,730.75 | |||||
Consultant's Fees | ||||||
T. Roycroft |
375.50 hours |
x |
$150 (2001-2004) |
= |
$ 56,325.00 | |
Other Reasonable Costs | ||||||
Copies |
= |
$3,014.63 |
||||
Fed Ex |
= |
$ 691.02 |
||||
Lexis |
= |
$ 78.00 |
||||
Postage |
= |
$ 650.71 |
||||
Phone/Fax |
= |
$ 120.60 |
||||
Travel |
= |
$2,046.00 |
||||
Parking/Toll |
= |
$ 23.20 |
||||
Meals/Lodging |
= |
$ 889.34 |
||||
Miscellaneous |
= |
$ 121.23 |
||||
SUBTOTAL |
$ 7,842.73 | |||||
TOTAL REQUESTED |
$272,898.48 | |||||
Next, we must assess whether the hours claimed for the customer's efforts that resulted in substantial contributions to Commission decisions are reasonable. 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 requested costs should bear reasonably to the benefits realized. TURN states that in this proceeding it would be extremely difficult to assign a dollar to its participation in light of the numerous elements involved in pricing retail services. UNE pricing has a direct affect on competitive choice and the rates customers pay for telecommunications services. In its compensation request, TURN explains the loop rate proposed by SBC-CA was four times higher than the rate supported by TURN and two and one-half times the current interim rates. The adoption of the TURN supported rates should result in more reasonable cost-based UNE rates, which should then lead to more competitive choices for consumers at lower prices. We agree with TURN and find its participation to be productive.
Finally, in determining compensation, we take into consideration the market rates for similar services from comparably qualified persons. The Commission has previously approved all requested hourly rates for TURN staff, as set forth below, and we see no reason to alter these previous determinations.
TURN Hourly Rates (by year):
Finkelstein:
2002 - $340 - D0305065
2003 - $365 - D0501007
2004 - $395 - D0503016
Mailloux:
2001 - $250 - D0305027
2002 - $275 - D0310071
2003 - $300 - D0410033
2004 - $325 - D0412054
Costa:
2001 - $180 - D0310071
2002 - $200 - D0310071
2003 - $215 - D0410033
2004 - $230 - D0412054
Anthony:
$2001 - $190 - D0204013
We have not, however, previously approved an hourly rate for TURN consultant Roycroft. In its request for compensation, TURN showed that its requested hourly rate of $150 for Roycroft is no higher than the Commission-approved hourly rates for similarly qualified experts. We, therefore, find TURN's requested hourly rate of $150 to be reasonable.
The itemized direct expenses submitted by TURN include costs for travel, photocopying, postage, telephone/fax and total $7,842.73. The cost breakdown included with the request shows the miscellaneous expenses to be commensurate with the work performed. We find these costs reasonable.
