VI. Hours and Costs Related to and Necessary for Substantial Contribution

We first assess whether the hours claimed for the customer's efforts that resulted in substantial contributions to Commission decisions are reasonable by determining to what degree the hours and costs are related to the work performed and necessary for the substantial contribution.

A. 280 Citizens

280 Citizens documented its claimed hours by presenting a daily breakdown of the hours of its attorneys and paralegals, accompanied by a brief description of each activity. The hourly breakdown reasonably supports the claim for total hours. As noted above, 280 Citizens voluntarily excluded hours spent on activities for issues on which it did not prevail, and therefore we need not exclude from 280 Citizens' award compensation for these issues.

B. Kheifets

Kheifets documented her claimed hours by providing an appendix to her award compensation claim. The appendix provides a brief description of each activity, and the associated hours. A review of the appendix shows that Kheifets calculated her award request for work on intervenor compensation matters, including preparation of her NOI, at her full hourly rate, rather than one-half of the hourly rate as required by D.98-04-059 (p. 51). We have corrected the compensation calculation by applying the one-half rate to the intervenor compensation activities in 2004 and 2005.

C. CCAE

CCAE documented its claimed hours by providing a daily breakdown of the hours of its expert, accompanied by a brief description of each activity by issue. Although CCAE believes that the total number of hours claimed is reasonable, we find an exception to this total. The exception concerns three hours of professional time for the issue of expansion of the first priority mitigation class, an issue for which CCAE failed to make a substantial contribution. With this exception, we find that the remaining hours are reasonable.