2. Requirements for Awards of Compensation
The intervenor compensation program, which is set forth in Pub. Util. Code §§ 1801-1812,2 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. To seek a compensation award, 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).)
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 its NOI between the dates the proceeding was initiated until 30 days after the PHC is held. (Rule 17.1(a)(1).) The PHC in this matter was held on March 27, 2009. CFC timely filed its NOI on April 16, 2009.
In its NOI, Consumer Federation of California (CFC) asserted financial hardship. A May 13, 2009 ruling found CFC is a customer as that term is defined in § 1802(b)(1) and has met the eligibility requirements of § 1804(a), including the requirement that it establish significant financial hardship. CFC was found eligible for compensation in this proceeding. (May 13, 2009 Ruling at 16.)
As to the timeliness of the request for compensation, CFC filed the request on February 19, 2010, within 60 days of D.09-12-046 being issued.3 No opposition was filed.
In view of the above, we affirm the ALJ's ruling and find that CFC has satisfied all procedural requirements necessary to make its request for compensation in this proceeding.
2 All subsequent statutory references are to the Public Utilities Code unless otherwise indicated.
3 D.09-12-046 issued on December 20, 2009.
