2. Requirements for Awards of Compensation

The intervenor compensation program, as it is set forth in Pub. Util. Code §§ 1801-1812, 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 and 3 above are combined and a separate discussion of Items 2 and 4-6 follows.

2.1. Initial Procedural Issues

NOIs are to be filed within 30 days of the PHC. Alternatively, in cases where the schedule would not otherwise reasonably allow parties to identify issues within the stated timeframe, or where new issues emerge subsequent to the time set for filing, the Commissioner or Administrative Law Judge (ALJ) may determine an appropriate procedure for accepting new or revised NOIs. (§ 1804(a)(1); Rule 17.1.)

NOIs were due by July 27, 2006 (i.e., 30 days after the PHC). Sustainable Conservation states, however, that the August 21, 2006 Scoping Memo specifically identified biomass for the first time as an issue upon which the Commission sought comment. Sustainable Conservation filed its NOI on October 10, 2006, concurrently with a petition to intervene and before the filing of initial comments. In its NOI, Sustainable Conservation asserted it is a Category 3 customer under § 1802(b)(C), and claimed significant financial hardship. No party objected to the NOI or asserted it is was untimely. An ALJ Ruling dated October 30, 2006 found the NOI to be timely filed. We affirm that the NOI was timely filed.

Sustainable Conservation filed this instant request for compensation on October 15, 2008, within 60 days of the issuance of Rulemaking (R.) 08-08-009 on August 26, 2008, which closed R.06-05-027.