§  1.1506   Allowable fees and expenses.

   (a) Awards will be based on rates customarily charged by persons
   engaged in the business of acting as attorneys, agents and expert
   witnesses.

   (b) No award for the fee of an attorney or agent under these rules may
   exceed $75.00, or for adversary adjudications commenced on or after
   March 29, 1996, $125.00, per hour. No award to compensate an expert
   witness may exceed the highest rate at which the Commission pays expert
   witnesses. However, an award may also include the reasonable expenses
   of the attorney; agent, or witness as a separate item, if the attorney,
   agent or witness ordinarily charges its clients separately for such
   expenses.

   (c) In determining the reasonableness of the fee sought for an
   attorney, agent or expert witness, the Administrative Law Judge shall
   consider the following:

   (1) 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 services;

   (2) The prevailing rate for similar services in the community in which
   the attorney, agent or witness ordinarily performs services;

   (3) The time actually spent in the representation of the applicant;

   (4) The time reasonably spent in light of the difficulty or complexity
   of the issues in the proceeding; and

   (5) Such other factors as may bear on the value of the service
   provided.

   (d) 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.

   (e) Fees may be awarded only for work performed after designation of a
   proceeding or after issuance of a show cause order.

   [ 47 FR 3786 , Jan. 27, 1982, as amended at  61 FR 39899 , July 31, 1996]