2. Requirements for Awards of Compensation
Intervenors who seek compensation for their contributions in Commission proceedings must file requests pursuant to Sections 1801-1812. Section 1804(a) requires an intervenor to file a notice of intent (NOI) to claim compensation within 30 days after the prehearing conference or by a date established by the Commission. The NOI must present information regarding the nature and extent of the customer's2 planned participation and an itemized estimate of the compensation the customer expects to request. Here, TURN timely filed its NOI after the first prehearing conference.
The customer, either at the NOI stage or later, must also show that the costs of effective participation, if not compensated, would constitute a "significant financial hardship" (as defined by Section 1802(g)) for the customer. Regarding TURN, we had made a recent finding of significant hardship by ruling on December 29, 2000 in another proceeding (A.00-09-002). This recent finding, pursuant to Section 1804(b)(1), creates a rebuttable presumption of TURN's eligibility for compensation in other Commission proceedings, such as the consolidated proceedings here, that start within a year of the finding. No one has challenged this presumption, so we find that TURN continues to be eligible under the statute and prior ruling.
Other code sections address requests for compensation filed after a Commission decision is issued. Section 1804(c) requires an eligible customer to file a request for an award within 60 days of issuance of a final order or decision by the Commission in the proceeding. TURN timely filed its request for an award of compensation on July 16, 2001. Under Section 1804(c), an intervenor requesting compensation must provide "a detailed description of services and expenditures and a description of the customer's substantial contribution to the hearing or proceeding." Section 1802(h) states that "substantial contribution" means that,
"in the judgment of the commission, the customer's presentation has substantially assisted the commission in the making of its order or decision because the order or decision has adopted in whole or in part one or more factual contentions, legal contentions, or specific policy or procedural recommendations presented by the customer. Where the customer's participation has resulted in a substantial contribution, even if the decision adopts that customer's contention or recommendations only in part, the commission may award the customer compensation for all reasonable advocate's fees, reasonable expert fees, and other reasonable costs incurred by the customer in preparing or presenting that contention or recommendation."
Section 1804(e) requires the Commission to issue a decision that determines whether the customer has made a substantial contribution and what amount of compensation to award. The level of compensation must take into account the market rate paid to people with comparable training and experience who offer similar services, consistent with Section 1806.
2 To be eligible for compensation, an intervenor must be a "customer" as defined by Section 1802(b). In D.98-04-059 (footnote 14), we affirmed our previously articulated interpretation that compensation be proffered only to customers whose participation arises directly from their interests as customers. (See D.88-12-034, D.92-04-051, and D.96-09-040.) In today's decision, as in the statute, the terms "customer" and "intervenor" are used interchangeably.
