5. Reasonableness of Requested Compensation

The Coalition requests compensation for all of the time and expenses reasonably devoted to its participation in this proceeding, for a total request of $27,409.26 for work leading up to D.03-06-070.

Advocate's Fees

J. Kresse 44.10 Hours X $335 (2003) = $14,773.50

J. Kresse 15.10 Hours (Comp. Req.) X $167.50 = $ 2,529.25

J. Kresse 25.80 Hours X $330 (2002) = $ 8,514

Paralegal 5.00 Hours X $100 (2003) = $ 500

Paralegal 7.50 Hours X $ 95 (2002) = $ 712.50

SUBTOTAL = $27,029.25

Other Costs

Copies = $157.40

Postage = $ 76.36

Travel = $146.25

SUBTOTAL = $ 380.01

TOTAL REQUESTED = $27,409.26

5.1 Hours Claimed

The Coalition has presented its advocate hourly records in an appendix that is part of the request for compensation. The information reflects the hours devoted to reviewing the records, drafting briefs and responses, and participating in workshops and other proceedings. Consistent with Commission policy, the Coalition billed half of its attorney rate for time related to preparation of this compensation request and half of its paralegal rate for travel time. The hours the Coalition claims are reasonable.

5.2 Hourly Rates

Section 1806 requires the Commission to compensate eligible parties at a rate that reflects the "market rate paid to persons of comparable training and experience who offer similar services."

The hourly rate most recently approved by the Commission for J. Kendrick Kresse was $280 for work performed in the years 2000 and 2001. (D.02-04-015.) Kresse has been representing deaf organizations before the Commission for more than 20 years in dozens of proceedings. He has practiced law for 29 years. A review of the California Public Utilities Commission Intervenor Compensation Decisions Annotated Bibliography 2001 (Bibliography) shows hourly rates being awarded in the range of $300 to $315 for work performed in 2000-2001 by senior attorneys. Other recent compensation decisions show awards as high as $340 for work performed in 2002 (D.03-07-014) and $350 for work performed in 2001 (D.03-05-062). The Coalition's request is that Kresse be granted a rate of $330 for work performed in 2002 and $335 for work performed in 2003 on grounds that these rates are comparable to those of attorneys with similar experience performing similar services. We note also that the work in this proceeding required specialized knowledge and experience not widely available in the legal community.

The paralegal rates of $95 in 2002 and $100 in 2003 are comparable to rates awarded paralegals and support staff in other cases as recorded in the Bibliography. The paralegal who performed work on behalf of the Coalition is Anthony Papalia, who has more than 12 years of experience, including frequent involvement in Commission proceedings.

We find that the rates requested by the Coalition for its attorney and paralegal work are reasonable and reflect market rates for individuals of similar experience and qualifications.

5.3 Other Costs

The Coalition claims $380.01 in administrative and other miscellaneous expenses associated with its work performed in connection with D.03-06-070. We have examined the documentation supporting these requests. We find them reasonable.