DATE: June 3, 1994
CASE NO. 89-ERA-6
IN THE MATTER OF
FREDERICK E. MCCUISTION,
COMPLAINANT,
v.
TENNESSEE VALLEY AUTHORITY,
RESPONDENT.
BEFORE: THE SECRETARY OF LABOR
FINAL DECISION AND ORDER
This proceeding arises under Section 210 of the Energy
Reorganization Act of 1974, as amended (ERA), 42 U.S.C. §
5851 (1988).
On November 13, 1991, the Secretary of Labor issued a
decision in this case finding in favor of Complainant
Frederick E. McCuistion and ordering appropriate relief. The
Secretary also permitted counsel for Complainant a period of
twenty days in which to submit any petition for costs and
expenses incurred in bringing the proceeding before the Secretary
on review of the recommended decision of the Administrative Law
Judge (ALJ). Complainant's counsel thereafter submitted a fee
petition which Respondent opposed. Complainant's counsel then
requested an enlargement of time until March 20, 1992, in which
to respond to Respondent's opposition, representing that the
parties were negotiating a resolution of the matter. As no
further filings have been forthcoming, I will address counsel's
petition.
Complainant's counsel requests payment of fees in the amount
of $13,712.50 and expenses in the amount of $938.72. Respondent
challenges a portion of the billing as not being incurred in
review of the ALJ's recommended decision before the Secretary.
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While some of the hours billed predate issuance of the
Secretary's briefing schedule, they reasonably could have been
spent in anticipation of review, and I allow them. Moreover, I
permit hours expended following submission of principal briefing
as reasonably spent attending to Respondent's ongoing filings.
While Respondent also challenges Complainant's hourly fee of $125
as excessive, it manifestly comports with prevailing market
rates.
Accordingly, Complainant's counsel's fee petition is granted
and the case is dismissed.
SO ORDERED.
ROBERT B. REICH
Secretary of Labor
Washington, D.C.
