5. Reasonableness of Requested Compensation

TURN's $174,894.17 request for its participation in this proceeding is as follows:²⁷

	Year	Time (hours)	Rate ($/hour)	Requested Comp
Hayley Goodson	2005	120.25	$190.00	$22,847.50
	2006	45.75	$200.00	$ 9,150.00
	2006	20*	$100.00	$ 2,000.00
Hayley Goodson Subtotal				$33,997.50
Robert Finkelstein	2006	2*	$205.00	$ 410.00
	2007	5*	$217.50	$ 1,087.50
Robert Finkelstein Subtotal				$ 1,497.50
Cynthia K. Mitchell	2004	10	$115.00	$ 1,150.00
	2005	777.5	$140.00	$108,850.00
	2006	176	$140.00	$ 24,640.00
Expenses				$ 4,727.87
Cynthia Mitchell Subtotal				$139,367.87
Other Expenses				$ 31.30
Total				$174,894.17

* Time spent on compensation request.

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.

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

We have already addressed the hours TURN claimed for its work on energy efficiency issues through the PAG/PRG process and have made appropriate adjustments. We do not repeat that discussion here.

5.2. Hourly Rates

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. TURN's request for compensation is for work performed by two of its attorneys, Goodson and Finkelstein, and an economist expert, Mitchell. We discuss the requested hourly rates below.

5.2.1. Hourly Rates for 2004 and 2005

For work performed in 2004, TURN seeks an hourly rate of $115 for Mitchell. For work performed in 2005, TURN seeks an hourly rate of $140 for Mitchell, and $190 for Goodson. We previously approved the 2004 and 2005 rates for Mitchell in D.06-02-016, and we adopt these same rates here. The hourly rate of $190 for Goodson was also previously approved by the Commission in D.06-04-012 and is adopted here.

5.2.2. Hourly Rates for 2006

For 2006 work, TURN seeks an hourly rate of $200 for Goodson, $140 for Mitchell, and $410 for Finkelstein. The $140 rate requested for Mitchell does not represent an increase from 2005 and we adopt it here for 2006. The 2006 rates for Goodson and Finkelstein included in TURN's request represent a 4% increase over their 2005 rates.

By D.07-12-026, issued on December 20, 2007 in A.05-12-002, we increased the hourly rates and Finkelstein to $405 for 2006 work. In D.08-01-033, we adopted the hourly rate of $200 for Goodson for 2006 work. We use those rates in today's decision.

5.2.3. Hourly Rates for 2007

TURN seeks a rate of $217.50 for the five hours devoted to preparing the TURN Supplement. This is a reasonable request. We award half the hourly rate for the preparation of compensation requests, and the Commission found $435 per hour to be reasonable rate for Robert Finkelstein's 2007 work in D.07-12-026 (A.05-12-002).

With the modifications stated above, we find TURN's claim of hourly rates reasonable and adopt them here.

²⁷ TURN's Request contained a request for compensation of $173,806.67. This amount was augmented by $1087.50 in TURN's Supplement, in order to include compensation for the work devoted to preparing that filing by Finklestein.