2. Requirements for Awards of Compensation
The intervenor compensation program set forth in Pub. Util. Code §§ 1801-1812,3 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. A customer requesting a compensation award must file and serve a request for compensation 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 1-4 above are combined and a separate discussion of Items 5-6 follows.
2.1. Preliminary Procedural Issues
Under § 1804(a)(1) and Rule 17.1(a)(1), a customer who intends to seek an award of intervenor compensation must file an NOI before certain dates.
In a proceeding in which a PHC is held, the intervenor must file and serve its NOI between the date the proceeding was initiated until 30 days after the PHC is held. (Rule 17.1(a)(1).) The PHC in Phase 2 was held on November 28, 2006. On December 28, 2006, NRDC and UCS timely filed their NOIs, where they asserted financial hardship on the rebuttable presumption theory. D.06-04-022 rendered on April 13, 2006, made a substantive finding of the significant financial hardship with respect to UCS. Pursuant to the provisions of § 1804(b)(1), that finding extends to this proceeding. The most recent substantive finding of significant financial hardship regarding NRDC was made in Administrative Law Judge (ALJ) Weissman's ruling of April 3, 2007, in Application (A.) 07-01-024, et al. Under the provisions of § 1804(b)(1), that finding extends to this proceeding.
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).) A ruling of April 6, 2007, found that UCS and NRDC are customers within the meaning of § 1802(b)(1)(C).
Since in their NOIs, NRDC and UCS addressed their anticipated participation in Phase 2 of the proceeding, a ruling found that these intervenors were eligible to claim compensation in Phase 2 of this proceeding. (Ruling of April 6, 2007, at 1 and 11). The requests for compensation are for Phase 2.
Regarding the timeliness of the request for compensation, both parties filed their respective requests for compensation on December 22, 2008, within 60 days of D.08-10-027 being issued.4
We affirm the ALJ ruling of April 6, 2007, and find that UCS and NRDC have satisfied all the procedural requirements necessary to make their requests for compensation in this proceeding.
3 All subsequent statutory references are to the Public Utilities Code unless otherwise indicated.
4 D.08-10-037 issued on October 22, 2008.
