3. Preliminary Procedural Issues
An intervenor who intends to seek compensation for participation in a Commission proceeding must file an NOI to Claim Intervenor Compensation no later than 30 days after the PHC, or a date otherwise set by the Commission. (§ 1804(a)(1) and Rule 17.) The Commission provided here that a party expecting to request intervenor compensation shall file an NOI within 30 days of the mailing date of the Order Instituting Rulemaking (OIR). (OIR 08-08-009, Ordering Paragraph 10.)
Reid filed an NOI on September 25, 2008, within 30 days of the mailing date of the OIR, and amended the NOI on October 6, 2008 (to correct a typographical error). Reid's unopposed NOI was timely.
In his NOI, Reid asserted significant financial hardship. On November 19, 2008, Administrative Law Judge (ALJ) Mattson ruled that Reid met the financial hardship condition pursuant to § 1804(b)(1) by rebuttable presumption, having established significant financial hardship in an earlier proceeding.2
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. (§ 1802(b)(1)(A) through (C).) On November 19, 2008, ALJ Mattson issued a ruling that found Reid a customer pursuant to § 1802(b)(1)(A).
In view of the above, we affirm the ALJ's ruling. Regarding the timeliness of the request for compensation, Reid filed his request for compensation on August 6, 2009, within 60 days of D.09-06-018 being issued.3 No party opposed the request. We find that Reid has satisfied all the procedural requirements necessary to make his request for compensation in this rulemaking.
2 On April 15, 2008, ALJ Kenney issued a ruling in Application 07-12-021 which found that Reid was a customer and met the significant financial hardship requirement. The instant rulemaking commenced within one year of the date of ALJ Kenney's ruling.
3 D.09-06-018 was issued on June 8, 2009.
