4. 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 prehearing conference, or a date otherwise set by the Commission. 2
On October 30, 2006, ALJ Burton W. Mattson found GPI eligible for compensation in R.06-05-027.3 The ruling found that GPI had reasonably shown that it is a customer for purposes of intervenor compensation as a Category 3 customer, as 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 the same ruling, ALJ Mattson also ruled that GPI had established that its participation without an award of intervenor compensation would pose a significant financial hardship.
R.08-08-009 stated that intervenors found eligible for compensation in R.06-05-027 remain so in R.08-08-009, subject to updating their NOIs for changes, as necessary. GPI filed to update on September 25, 2008. By ruling dated November 19, 2008, GPI's update was assessed and its intervenor eligibility found to continue in R.08-08-009.
Regarding the timeliness of the request for compensation, GPI filed its request for compensation on August 13, 2009, within 60 days of D.09-06-050 being issued.4 No party opposed the request. In view of the above, we affirm the ALJ's ruling and find that GPI has satisfied all the procedural requirements necessary to make its request for compensation in this proceeding.
GPI also seeks compensation for hours related to prior decisions. GPI's request for compensation is consistent with the Commission's long-standing practice in proceedings that produce a number of decisions as they run their course (especially when each decision may only involve a relatively small number of hours). Therefore, the request for compensation on the prior decisions is also timely.5
In view of the above, we find that GPI has satisfied all the procedural requirements necessary to make its request for compensation in this proceeding.
2 § 1804(a)(1) and Rule 17.1 of the Commission's Rules of Practice and Procedure.
3 Administrative Law Judge's Ruling on Notices of Intent to Claim Intervenor Compensation by The Utility Reform Network (TURN), Utility Contracts System (UCS), GPI, Aglet Consumer Alliance and Sustainable Conservation, issued on October 13, 2006 at 9-10.
4 D.09-06-050 was issued on June 19, 2009.
5 See TURN's request for compensation to D.06-10-050, D.07-02-011, D.07-03-046, and D.07-05-057 and for participation in procurement review groups, filed on July 30, 2007 in R.06-05-027.
