2. Requirements for Awards of Compensation
The intervenor compensation program, which is set forth in Pub. Util. Code §§ 1801-1812,2 requires California-jurisdictional utilities to pay the reasonable costs of an intervenor's participation if that party makes a substantial contribution to the Commission's proceedings. The statute provides that the utility may adjust its rates to collect the amount awarded from its ratepayers.
All of the following procedures and criteria must be satisfied for an intervenor to obtain a compensation award:
1. The intervenor must satisfy certain procedural requirements including the filing of a sufficient notice of intent (NOI) to claim compensation within 30 days of the prehearing conference (PHC), pursuant to Rule 17.1 of the Commission's Rules of Practice and Procedure (Rules), or at another appropriate time that we specify. (§ 1804(a).)
2. The intervenor must be a customer or a participant representing consumers, customers, or subscribers of a utility subject to our jurisdiction. (§ 1802(b).)
3. The intervenor must file and serve a request for a compensation award within 60 days of our final order or decision in a hearing or proceeding. (§ 1804(c).)
4. The intervenor must demonstrate "significant financial hardship." (§§ 1802(g) and 1804(b)(1).)
5. The intervenor's presentation must have made a "substantial contribution" to the proceeding, through the adoption, in whole or in part, of the intervenor's contention or recommendations by a Commission order or decision or as otherwise found by the Commission. (§§ 1802(i) and 1803(a).)
6. The claimed fees and costs must be reasonable (§ 1801), necessary for and related to the substantial contribution (D.98-04-059), comparable to the market rates paid to others with comparable training and experience (§ 1806), and productive (D.98-04-059).
In the discussion below, the procedural issues in Items 1-4 above are combined and a separate discussion of Items 5-6 follows.
2.1. Preliminary Procedural Issues
Under § 1804(a)(1) and Rule 17.1(a)(1), a customer who intends to seek an award of intervenor compensation must file an NOI before certain dates.
In a proceeding in which a PHC is held, the intervenor must file and serve its NOI between the date the proceeding was initiated until 30 days after the PHC is held. (Rule 17.1(a)(1).) The PHC in this matter was held on February 28, 2006. Women's Energy Matters (WEM) timely filed its NOI on March 30, 2006.
In its NOI, WEM asserted financial hardship. WEM meets the financial hardship condition pursuant to § 1804(b)(1) through a rebuttable presumption of eligibility because the Commission found WEM met this requirement in another proceeding within one year of the commencement of this proceeding (see D.08-01-017). Moreover, Rule 17.2 states that a party found eligible in one phase of a proceeding remains eligible in later phases, including rehearing, in the same proceeding. WEM was found eligible for compensation in a prior request for compensation in this proceeding and is therefore eligible now.3
Like the NOI, the request for compensation must be timely filed. WEM filed its request for compensation on February 19, 2008, within the statutorily allowed 60 days of D.07-12-052 being issued. On March 20, 2008, PG&E filed its opposition to WEM's request for compensation. PG&E's opposition raises several issues but does not question whether or not WEM satisfied the procedural requirements antecedent to its request for compensation in this proceeding. WEM has satisfied the necessary procedural steps to make its claim for compensation.
2 All subsequent statutory references are to the Public Utilities Code unless otherwise indicated.
3 See D.08-10-035 at 5.
