5. The Reasonableness of Requested Compensation

TURN requests compensation in the amount of $7,469.62 as follows:

Attorney Fees
Name	Hours	Rate/ Hour	Totals
Thomas Long	4.5	$280	$1,260.00
	15.25	$300	$4,575.00
Robert Finkelstein	7.0	$140	$ 980.00
		SUBTOTAL	$6,815.00
Other Costs
Photocopying expense @ $0.20/page			$ 461.00
Postage cost			$ 87.90
Lexis expense			$ 105.72
		SUBTOTAL	$ 654.62
		TOTAL	$7,469.62

Overall Benefits of Participation

In D.98-04-059, the Commission adopted a requirement that a customer must demonstrate that its participation was "productive," as that term is used in § 1801.3, where the Legislature gave the Commission guidance on program administration. (See D.98-04-059, mimeo. at 31-33, and Finding of Fact 42). In that decision we discuss the requirement that participation must be productive in the sense that the costs of participation should bear a reasonable relationship to the benefits realized through such participation. Customers are directed to demonstrate productivity by assigning a reasonable dollar value to the benefits of their participation to ratepayers.

In this request TURN contends that it is nearly impossible to assign a dollar value to the benefits of vacating a Commission decision that established an inappropriate "appearance of bias standard." TURN correctly asserts that the Commission has in the past awarded compensation for assistance in record development where assignment of a specific dollar value is difficult. We further note that who conducts utility audits is a question the Commission has had to consider on several occasions. The importance of the issue further confirms that TURN appropriately devoted significant resources to resolve it.

We find that the participation of TURN was beneficial and that the nature of the benefit exceeded the compensation requested.

Hours Claimed

TURN provided a daily listing of the specific tasks performed by Long and Finkelstein in connection with this proceeding. TURN contends that its involvement was extremely efficient, not beginning its involvement in consideration of Pacific Bell's petition for modification of D.94-06-011 until the issuance of the draft decision articulating the "appearance of bias" standard. TURN notes that the work on the earlier draft decision was the base from which it worked in the application for rehearing of D.01-02-041.

TURN also requests that it be relieved from the normal requirement to allocate hours by issue since the activity underlying the current request pertained to only one issue, the "appearance of bias" standard of D.00-02-047. We concur that no allocation by issue should be required with respect to the current claim and we find that the hours claimed by TURN are reasonable for the efforts involved.⁶

Hourly Rates

TURN seeks compensation for work performed by Thomas Long at the rates of $280 for work performed in 1999 and $300 for work performed in 2000. TURN notes that at the time of filing this present request for compensation it had pending other requests seeking comparable compensation rates. In fact, in D.01-07-020, we found these rates appropriate for the time periods in question. Therefore, we find the rates requested for Long to be reasonable.

TURN requests an hourly rate of $140 for the work performed by Finkelstein in preparing this request for compensation. Consistent with our practice regarding time spent preparing compensation requests, this rate represents one-half of his usual hourly rate, here based upon that previously approved in D.00-11-002 for Finkelstein for work during 2000. TURN is willing to accept this same compensation level for the work done in 2001 for this compensation request but notes that in so doing it does not waive its right to seek a higher hourly rate for Finkelstein's work in 2001 in another proceeding.

We find that TURN's requested hourly rates are reasonable.

Other Costs

TURN contends that the $654.52 requested for copying and postage and a small amount of on-line legal research are reasonable. As indicated in the details of the request appendix, the bulk of these dollars were for the copying and mailing of the pleadings and other documents and correspondence required for TURN's participation in this proceeding. We find the cost claimed to be reasonable.

⁶ We note that Finkelstein's time preparing the compensation request (7 hours) might appear high considering that TURN claims only 26.75 hours overall. However, TURN had to review timesheets over widely separated periods, and also responded to Pacific Bell's opposition to the request. In light of these circumstances, Finkelstein's claimed hours are reasonable.