Awards shall be based on rates customarily charged by persons engaged in the
business of acting as attorneys, agents and expert witnesses, even if the services
were made available without charge or at a reduced rate to the applicant.
An award for the fee of an attorney or agent under these rules shall not exceed
$125.00 per hour, unless the Commission determines by regulation that an increase
in the cost of living or a special factor, such as the limited availability of qualified
attorneys or agents for Commission proceedings, justifies a higher fee.
In determining the reasonableness of the fee sought for an attorney, agent or
expert witness, the Commission shall consider the following:
If the attorney, agent, or witness is in private practice, his or her customary fee for
similar services, or, if an employee of the applicant, the fully allocated cost of the
The prevailing rate for similar services in the community in which the attorney,
agent, or witness ordinarily perform services;
The time actually spent in the representation of the applicant;
The time reasonably spent in light of the difficulty or complexity of the issues in
the proceeding; and
Such other factors as may bear on the value of the services provided.
The reasonable cost of any study analysis, engineering report, test, project or
similar matter prepared on behalf of a party may be awarded, to the extent that the
charge for the service does not exceed the prevailing rate for similar services, and the
study or other matter was necessary for preparation of the applicant's case.
[62 FR 35961, July 3, 1997]