VII. Market Rate Standard

We next take into consideration whether the claimed fees and costs are comparable to the market rates paid to experts and advocates having comparable training and experience and offering similar services.

A. 280 Citizens

280 Citizens seeks an hourly rate of $435 for O'Neill, for work performed in 2004, 2005, and 2006. We previously approved this rate in D.06-05-006 for work performed in 2004 and 2005, and adopt it here for 2004-2006. 280 Citizens explains that it is requesting the same rate.

Similarly, 280 Citizens seeks an hourly rate of $135 for Pau for work performed in 2004, 2005, and 2006. We previously approved this same rate for Pau in D.06-05-006 for work performed in 2004 and 2005, and adopt it here for 2004-2006.

280 Citizens requests an hourly rate of $280 for Dietrich, for work performed in 2005 and 2006. The Commission has not previously approved a rate for Dietrich. Dietrich graduated from law school and became a member of the California State Bar in 1995. The requested rate for Dietrich falls within the range for attorneys with 8-12 years of experience.¹⁶ We find that $280 per hour is a reasonable rate for Dietrich given his experience, and adopt it here for 2005 and 2006.

280 Citizens requests an hourly rate of $110 for Dietrich for work as a paralegal in 2005 and 2006. The Commission has not previously approved a rate for Dietrich as a paralegal. In D.06-04-018, we approved rates for Nielsen and Pau working as paralegals in our award to 280 Citizens. These rates were between $135 and $155 per hour for work performed in 2003 and 2004. Furthermore, we approve a rate of $135 per hour for Pau as discussed above. We find that $110 per hour is a reasonable rate for Dietrich working as a paralegal.

B. Kheifets

Kheifets seeks an hourly rate of $290 for work performed in 2004, 2005, and 2006. Kheifets states this rate is supported by her specialized experience and is less than the hourly fees requested by other intervenors. In support of her requested hourly rate, Kheifets states that she is professor of Epidemiology at the University of California at Los Angeles, was head of the Radiation Program at the World Health Organization, and managed the EMF program for the Electric Power Research Institute. In addition, Kheifets is or has been a member of various national organizations involved in EMF research.¹⁷

We have not previously established an hourly rate for Kheifets. In D.05-11-031 (p. 16), we stated that first-time representatives must make a showing in the compensation request to justify their proposed hourly rate taking into consideration rates previously awarded to representatives with comparable training and experience. As Kheifets has not made this comparability showing in her request, we consider her background, training, and experience in determining a reasonable rate.

Our previous decisions provide limited guidance regarding appropriate hourly rates for experts with high academic achievement and unique experience, who are also participating in a proceeding for the first time. In D.06-04-018, we considered a reasonable hourly rate for expert Smallwood, who has Ph.D. and M.S. degrees in Ecology, and worked as a Senior Ecologist and a System Ecologist. Smallwood also is a part-time faculty member at California State University at Sacramento, and has taught courses and published works in his field. D.06-04-018 found that an hourly rate of $200 was reasonable for Smallwood for work performed in 2003 and 2004, after determining that his background, qualifications, and experience were similar to hydrologist Purkey and biologist Trush.¹⁸ Both Purkey and Trush hold M.S. and Ph.D. degrees in their respective fields. Purkey is a senior hydrologist for the National Heritage Institute, while Trush is an adjunct professor at California State University at Humboldt. D.04-08-025 found that an hourly rate of $200 was reasonable for both Purkey and Trush for work performed in 2002.

Although these adopted rates provide some guidance, we also recognize that Kheifets' background and qualifications uniquely relate to the scientific subject matter in this proceeding, and her requested rate is for work performed in 2004, 2005, and 2006. Furthermore, her experience and knowledge in the area of EMF at the worldwide level bring additional credibility to her contribution to D.06-01-042. In consideration of her unique background and experience, and comparable rates for other experts appearing before the Commission, an hourly rate of $260 is reasonable for her work in 2004, 2005, and 2006.

C. CCAE

CCAE requests an hourly rate of $200 for Frech, an increase of $20 per hour above the $180 rate we approved in D.02-11-019 for work performed from 2000 to 2002. CCAE states that it is requesting this higher rate as Frech billed CCAE at this rate for work performed in 2005. In support of the increased rate, CCAE explains that Frech has both electrical engineering and business degrees, is knowledgeable about electric line reliability and costs, and has served on various advisory panels addressing EMF issues.

As discussed above, we consider the background, qualifications, and experience, as well as any unique abilities that an expert might contribute to a proceeding in our determination of a reasonable rate. Other considerations are the comparable rates adopted for similar experts and the years in which work was performed. We do not consider the rate which an expert may charge an intervenor since that is a matter between the intervenor and the expert. In this regard, we note that CCAE's NOI estimated that Frech would bill his work at $180 per hour, and that CCAE's request for compensation does not explain the higher billing rate.

Nonetheless, we have considered that our adopted rate of $180 per hour for Frech was for work in 2000 to 2002, and that a $20 per hour increase (approximately 11%) for work in 2004, 2005, and 2006 is reasonable.¹⁹ Therefore, we adopt the requested rate of $200 per hour for Frech for work in 2004, 2005, and 2006.

We also note that CCAE requests compensation for eight hours of clerical work in 2004, 2005 and 2006. We consider that the hourly rate adopted for costs of representation includes any necessary clerical costs. Therefore, we will not include these eight clerical hours in our adopted compensation award.

¹⁶ D.05-11-031 (p. 11) in the Commission's Intervenor Compensation Rulemaking, determined that the range of hourly rates for attorneys with 8-12 years of experience should be $270-$325.

¹⁷ See Kheifets' NOI, November 27, 2004.

¹⁸ See D.04-08-025.

¹⁹ D.05-11-031 (mimeo., p. 14), citing Commission Resolution ALJ-184, deemed an increase of 8% from 2003 to 2004 as reasonable.