VI. Reasonableness of Requested Compensation
As described in the following tables, TURN requests compensation for $36,385.45, including $27,953 for attorney time, $8,390.45 for JBS Energy consulting services, and $42 for direct expenses. TURN provided detailed costs for professional attorney time, consulting services, attorney and expert witness time sheets, and itemized direct expenses. Attorney time related to the compensation request was discounted by 50%.
Table 1: Professional Attorney Expenses | ||||||||||||
Attorney/Expert Witness |
Substantive |
Compensation Related |
Total Hours |
Percent Claimed |
Total Compensation | |||||||
Billing Period |
Hourly |
Hours |
Hours |
Hours |
Hours Claimed |
Expended |
Claimed |
|||||
Marcel Hawiger |
2004 |
$270.00 |
29.15 |
29.15 |
9.50 |
4.75 |
38.65 |
33.90 |
87.71% |
$9,153.00 | ||
Michel P. Florio |
2004 |
$470.00 |
40.00 |
40.00 |
0.00 |
0.00 |
40.00 |
40.00 |
100.00% |
$18,800.00 | ||
TOTAL |
78.65 |
73.9 |
93.96% |
$27,953.00 | ||||||||
Table 2: Professional Consulting Expenses | ||||
Witness |
Time Period |
Hourly Rate |
Hours |
Total Expenses |
William B. Marcus |
2004 |
195 |
14.31 |
$2,790.45 |
Jeffrey Nahigian |
2004 |
140 |
40.00 |
$5,600.00 |
TOTAL |
$8,390.45 | |||
B. Attorney Hours
TURN requests compensation for attorney's Marcel Hawiger and Florio, for less than 80 hours of professional time, which is reasonable for a case that set revenue requirement and rates for three years for transmission and storage services. Florio's time includes work on settlement and pleadings, as well as time preparing expert witness testimony. The hourly rates requested for Florio ($470) and Hawiger ($270) for 2004 have previously been adopted in D.05-01-029 and D.05-05-046, respectively, and are approved here.
2. Consulting Hours
TURN seeks to recover the $8,390.45 in costs billed by consultant JBS Energy, Inc. (JBS Energy). The total sought for JBS Energy expert witness expenses represents a reasonable hourly rate applied for the work performed by Marcus and Jeffrey Nahigian. Marcus, Principal Economist for JBS Energy, prepared testimony addressing O&M expenses and working cash capital requirements. Nahigian, Senior Economist for JBS Energy, conducted research and analysis related to O&M expense issues.
The hourly rates requested for TURN's expert witnesses reflect the actual recorded or billed costs that TURN incurred in retaining their services (§ 1802 (c)). The 2004 hourly rates of $195 for Marcus and $140 for Nahigian previously were approved in D.05-06-031, and we adopt those rates here.
