3. Procedural Issues

The PHC in this matter was held on June 16, 2005. UCAN filed its timely NOI on July 8, 2005. Section 1802(b)(1) defines a "customer" as: A) a participant representing consumers, customers or subscribers of a utility; B) a representative who has been authorized by a customer; or C) a representative of a group or organization authorized pursuant to its articles of incorporation or bylaws to represent the interests of residential or small business customers. In this case, UCAN is a customer as defined in Paragraph C: it is an organization authorized by its articles of incorporation to represent the interests of consumers, a majority of which are residential customers. In its NOI, UCAN asserted financial hardship.

On July 20, 2005, ALJ Cooke ruled that UCAN is a customer pursuant to
§ 1802(b)(1)(c), and found that UCAN meets the financial hardship condition, through a rebuttable presumption of eligibility, pursuant to § 1804(b)(1), by showing a finding to meet this requirement was made in another proceeding within one year of the commencement of this proceeding (ALJ Long's Ruling dated June 28, 2005). UCAN filed its request for compensation on April 26, 2007, less than 60 days after the issuance of D.07-04-043. No party opposed the request. In view of the above, we find that UCAN has satisfied all the procedural requirements necessary to make its request for compensation.