Sec.  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]