4. Significant Financial Hardship
Regarding significant financial hardship, a
... notice of intent may also include a showing by the customer that participation in the hearing or proceeding would pose a significant financial hardship. Alternatively, such a showing shall be included in the request submitted pursuant to subdivision (c). (§ 1804(a)(2)(B).)
As is permissible, Sustainable Conservation includes its showing of significant financial hardship in its October 15, 2008 claim.
In relevant part, "significant financial hardship" means that:
... in the case of a group or organization, the economic interest of the individual member of the group or organization is small in comparison to the costs of effective participation in the proceeding. (§ 1802(g).)
Sustainable Conservation states that it is supported by approximately 400 donors and estimates the average electric bill for its donors is $1,200, which it points out is far less than the costs Sustainable Conservation has incurred for its participation in the issuance of D.07-07-027. We agree. The economic interest of the average donor is small in comparison to the costs of effective participation in the proceeding. It is unlikely that the average donor to Sustainable Conservation will see financial benefits that exceed the costs of its participation.9 We conclude that Sustainable Conservation has shown that its participation without an award of intervenor compensation would pose a significant financial hardship.
9 The average cost per donor of the intervention is $76.00 ($30,094.50/400 donors). It is unlikely that the donors will see financial benefits in bill reductions of 6.3% or more. (76/1200=0.063). We assess this claim based on average cost and benefit per average donor given the relatively modest size of this claim and the reduced award. We note from documentation provided by Sustainable Conservation, however, that individual donors may see significant benefits. In future claims, if any, Sustainable Conservation may need to address the concerns we identified in D.08-07-021. The need to do so may depend upon the positions advocated, the impact of the proceeding's outcome on Sustainable Conservation's donors, whether any individual donor has a financial interest different from that of the group which is incompatible with our prior rulings on financial interest, or other relevant factors. (See D.08-07-021, in particular, footnote 4; also Appendix 2 at 5-8.)
