ARCHIVED -  Taxation Order CRTC 99-1

Taxation Order

Ottawa, 20 January 1999

Taxation Order CRTC 99-1

In re: Form of Regulation for TELUS Communications (Edmonton) Inc. - Telecom Public Notice CRTC 98-3

File No.: 8085-RP0007/98

1.Philippa Lawson for the Alberta Council on Aging (ACA).

TAXATION OF COSTS OF ACA

2.Taxing Officer: Karen Moore

3.This Order constitutes the taxation of costs awarded to ACA in the proceeding initiated by Telecom Public Notice CRTC 98-3, Form of Regulation for TELUS Communications (Edmonton) Inc., 23 February 1998.

4.In Telecom Costs Order CRTC 98-19, 5 November 1998 (Costs Order 98-19), costs were awarded to ACA in accordance with subsection 44(1) of the CRTC Telecommunications Rules of Procedure, payable by TELUS Communications (Edmonton) Inc. (TCEI).

5.On 24 November 1998, ACA submitted its Bill of Costs in the amount of $34,783.04, consisting of $1,028.49 in disbursements and $33,754.55 in fees. A supplementary letter was filed with the Taxing Officer and copied on TCEI on 18 December 1998 regarding the qualifications of Mr. Currin and Mr. Clarke. I note that there was an arithmetical error in the Bill of Costs, such that the total amount of fees should have been $33,753.55 for a total of $34,782.04.

6.No comments were received from TCEI with respect to ACA's Bill of Costs.

Fees

a) Counsel Fees

7.ACA has claimed a total of $3,984.75 in fees for its legal counsel, Ms. Lawson, consisting of 21.5 hours of preparation time and 0.5 hours of procedural time, all at an hourly rate of $175. The rate claimed is in accordance with the rates specified in the CRTC Legal Directorate Guidelines for the Taxation of Costs (the Guidelines). I consider this rate to be appropriate in the circumstances and will allow the rate as claimed.

b) Consultant Fees

8.ACA claimed a total of $27,859.76 for its consultants, Mr. Todd, Mr. Vandendries, Mr. Currin and Mr. Clarke. This amount represents a claim for Mr. Todd of 3.6 hours at an hourly rate of $175; a claim for Mr. Vandendries of 17.3 hours at an hourly rate of $130; a claim for Mr. Currin of 145.5 hours at an hourly rate of $160; and a claim for Mr. Clarke of 10 hours at an hourly rate of $160. The rates claimed for Mr. Todd and Mr. Vandendries are in accordance with the rates specified in the Guidelines. I consider these rates to be appropriate in the circumstances and I allow these rates as claimed.

9.With respect to Mr. Currin, the evidence indicates that he has acted as a senior consultant for six years. The Guidelines provide that the hourly rate for an intermediate consultant, who has 5 - 8 years experience, is $130; while the hourly rate for a senior consultant, who has 9 or more years of experience, is $175. In the case of Mr. Currin, I note that while he has acted as a senior consultant for only 6 years, his qualifications indicate that he has an additional 13 years of related experience, as a Manager, Depreciation for Chesapeake and Potomac Telephone Companies, and as a Manager, External Affairs for Bell Atlantic. I also note that $160/hour has been claimed for Mr. Currin, rather than the full hourly rate for a senior consultant of $175. Finally, as noted earlier, TCEI did not comment on ACA's Bill of Costs.

10.Accordingly, I consider the hourly rate claimed for Mr. Currin to be appropriate in the circumstances and I allow the rate as claimed.

11.With respect to Mr. Clarke, I note that the evidence indicates that he has acted as a consultant for 17 years. I consider the hourly rate of $160 claimed for Mr. Clarke to be appropriate in the circumstances and I allow the rate as claimed.

c) Analyst Fees

12.ACA claimed a total of $1,909.04 for its analysts, Ms. Luciani-Marzo and Alex King. This amount represents a claim for Ms. Luciani-Marzo of 8.9 hours at an hourly rate of $90, and a claim for Alex King of 13.5 hours at an hourly rate of $80. The rate claimed for Ms. Luciani-Marzo reflects the rate set out in the Guidelines for an analyst of her experience. I consider this rate to be appropriate in the circumstances and will allow it. The rate claimed for Alex King is less than the rate suggested in the Guidelines for an analyst of 0 - 4 years experience, that is, $90 per hour. I find the rate claimed to be reasonable in the circumstances and will allow it.

Preparation and Procedural Time

13.ACA has claimed a total of 220.8 hours of preparation and procedural time for its counsel, consultants and analysts. I find the claim to be reasonable and necessary in the circumstances. The proceeding consisted of several rounds of interrogatories, requests for public disclosure of information for which confidentiality had been claimed, requests for further responses, a comment round and a reply comment round. ACA participated fully in all aspects of this proceeding. Accordingly, I will allow the 220.8 hours of preparation and procedural time claimed by ACA.

Disbursements

14.In its Bill of Costs, ACA has claimed $1,028.49 for photocopies, postage/courier and long distance (telephone/fax). I have reviewed the receipts submitted in support of these claims. I am of the view that the amounts claimed were reasonably and necessarily incurred and should be allowed.

COSTS AS TAXED

15.I hereby tax the fees and disbursements of ACA, inclusive of applicable taxes, as follows:

Legal Counsel Fees

Ms. Lawson $3,984.75

Consultants Fees

Mr. Todd $652.05

Mr. Vandendries $2,327.71

Mr. Currin $23,280.00

Mr. Clarke $1,600.00

Analysts Fees

Ms. Luciani-Marzo $829.04

Alex King $1,080.00

Total Fees $33,753.55

Disbursements

Photocopies $319.18
Postage/Courier $441.29
Long Distance $154.74
Consultants'
Photocopies,
Telephone,
& Postage $134.51
Less 50% GST rebate $21.23

Total Disbursements $1,028.49

Total Fees and
Disbursements
Owing $34,782.04

16.As noted above, pursuant to Costs Order 98-19, this amount is to be paid forthwith by TCEI.

Karen Moore
Legal Counsel
Canadian Radio-television and
Telecommunications Commission

Secretary General

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