V. Reasonableness of Requested Compensation
A. 280 Citizens
280 Citizens requests $54,095.68 for its participation in, and contribution to, this proceeding. 280 Citizens' request voluntarily excludes attorney hours for time spent on issues for which 280 Citizens believes it was not productive, as noted below. In addition, 280 Citizens explains that it was represented by two different law firms, and therefore, 280 Citizens requests that we specify, as closely as possible, the compensation amounts awarded to each law firm. Accordingly, the requests by law firm are as follows:
Dietrich Law Firm
Attorney/Paralegal Year Hours Hourly Rate10 Amount ($)
Dietrich (attorney) 2005 and 2006 129.4 $280 $36,232.00
Dietrich (attorney)11 2005 and 2006 42.2 140 5,908.00
Dietrich (paralegal)12 2005 and 2006 9.3 110 1,023.00
Dietrich (paralegal)13 2005 and 2006 4.4 55 242.00
Deductions (by issue)
Prioritizing land use 1.0 280 -280.00
4% Benchmark 1.8 280 -504.00
Measuring EMF 1.0 280 -280.00
Subtotal Labor $42,341.00
Expenses
LEXIS $508.80
Photocopies 63.37
Postage 19.56
Subtotal Expenses $591.73
Dietrich Law Total $42,932.73
Davis Wright Tremaine LLP
Attorney/ Paralegal Year Hours Rate14 Amount ($)
O'Neill (attorney) 2004, 2005, 2006 21.4 $435 $9,309.00
O'Neill (attorney) 2004, 2005, 2006 4.8 217.50 1,044.00
O'Neill (attorney) 2004, 2005, 2006 0.6 217.50 130.50
Pau (paralegal) 2004, 2005, 2006 4.5 135 607.50
Subtotal Labor $11,091.00
Expenses
Photocopies 16.95
Filing Fee (specialized legal services) 55.00
Subtotal Expenses $71.95
Davis Wright Tremaine LLP Total $11,162.95
280 Citizens' Total Request $54,095.68
B. Kheifets
Kheifets requests $18, 900 for her time and expenses in this proceeding as follows:
Expert Year Hours Hourly Rate Amount ($)
Kheifets 2004 15 $290 $4,350.00
Kheifets 2005 32 290 9,280.00
Kheifets 2006 15 290 4,640.00
Subtotal Labor $18,270.00
Expenses
Photocopying $10.00
Postage 30.00
Phone Costs 100.00
Travel 490.00
Subtotal Expenses $630.00
Total Request $18,900.00
C. CCAE
CCAE requests $37,221.28 for its participation in this proceeding as follows:
Expert/Clerical Year Hours Hourly Rate15 Amount ($)
Peter Frech 2004 17.5 $200 $3,500.00
Peter Frech 2004 8.0 100 800.00
Peter Frech 2004 3.0 100 300.00
Clerical 2004 2.0 18 36.00
Subtotal Labor (2004) $4,636.00
Peter Frech 2005 146.25 200 $29,250.00
Peter Frech 2005 3.0 100 300.00
Clerical 2005 4.0 18 72.00
Subtotal Labor (2005) $29,622.00
Peter Frech 2006 6.25 200 $1,250.00
Peter Frech 2006 16.0 100 1,600.00
Clerical 2006 2.0 18 36.00
Subtotal Labor (2006) $2,886.00
Expenses (2004, 2005, 2006)
Public Transportation $18.80
Transportation (private car) 7.68
Meals 10.00
Photocopies 19.98
Postage 20.82
Total Expenses $77.28
Total Request $37,221.28
In general, 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. The issues we consider to determine reasonableness are discussed below:
10 280 Citizens notes that travel time and time related to preparation of the compensation request are at one-half the professional's usual rate.
11 Hours spent on travel and intervenor compensation request preparation.
12 280 Citizens explains that when Dietrich performs work as a paralegal he charges a lower rate for services.
13 Hours incurred for the preparation of the intervenor compensation request.
14 Travel time and time related to preparation of the compensation request are at one-half the professional's usual rate.
15 Travel time and time spent on preparation of intervenor compensation, billed at one-half of normal billing rate.
