3. Requirements for Awards of Compensation
The intervenor compensation program, which is set forth in Pub. Util. Code §§ 1801-1812,5 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).) An intervenor who has made a "substantial contribution" may also, in certain circumstances, receive a compensation award for fees and costs incurred in "obtaining judicial review." (§ 1802(a); Southern California Edison Co. v. PUC (April 19, 2004, B166993), 2004 Cal. App. LEXIS 568, affirming D.02-06-070 and D.03-04-034.)
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 1-4 above are combined and a separate discussion of Items 5-6 follows.
3.1. Preliminary Procedural Issues
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 R.04-04-003, on July 27, 2004, Administrative Law Judge (ALJ) Wetzell ruled that TURN is a customer, pursuant to § 1802(b)(1)(C), and that TURN demonstrated significant financial hardship within the meaning of § 1802(g). A PHC in this proceeding was held on November 9, 2004.6 TURN timely filed its NOI in this proceeding on December 9, 2004. TURN again asserted financial hardship in its NOI. TURN has not previously requested compensation related to R.04-04-025. However, TURN's work in this proceeding was largely concurrent in time with its work in R.04-04-003. We therefore conclude that TURN was a customer, pursuant to § 1802(b)(1)(C), and that TURN demonstrated significant financial hardship within the meaning of § 1802(g).
Regarding the timelines of the request for compensation, TURN filed its request for compensation on November 21, 2008, within 60 days of D.08-09-024 being issued. No party opposed the request. In view of the above, we find that TURN has satisfied all the procedural requirements necessary to make its request for compensation in this proceeding.
5 Unless otherwise indicated, all references to Rules are to the Commission's Rules of Practice and Procedure, and all references to Codes are to the California Public Utilities Code.
6 The PHC related to R.04-04-003 was held on April 30, 2004. TURN timely filed its NOI on June 1, 2004. TURN asserted financial hardship in its NOI.
