2. Requirements for Awards of Compensation
The intervenor compensation program, which is set forth in §§ 1801-1812, 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 no later than 30 days after the PHC is held. (Rule 17.1(a)(1).) The PHC in this matter was held on June 14, 2010. The NOI due date was extended by the additional 30 days.3 Reid timely filed his NOI on August 9, 2010. In his NOI, Reid asserted significant financial hardship. In D.11-03-019 issued in this proceeding, we found that Reid met the significant financial hardship element of the eligibility to claim intervenor compensation, pursuant to § 1802(g). This finding is applicable to the subject compensation request.4
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).) In his NOI, Reid asserts a customer status as defined in § 1802(b)(1)(A). Reid states he receives electric and gas services from PG&E at his residence in Northern California and, although he represents himself in this proceeding, his participation will benefit all residential customers of PG&E. In his compensation request, Reid explains how his participation in the PRG and cost allocation mechanism group (CAMG) of Pacific Gas and Electric Company (PG&E) benefits broader interests of PG&E's residential customers. We confirm Reid's customer status under § 1802(b)(1)(A).5
Regarding the timeliness of the request for compensation, the PRG and CAMG activities are ongoing and the Commission has not established any mandatory timelines for requesting compensation in this process. Reid filed his request on October 24, 2011, within less than a month from the end of the subject PRG and CAMG cycle. This request was filed within the reasonable time limit. We consider it to be timely. No party opposed Reid's claims. Reid has satisfied all procedural requirements necessary to make this request for compensation.
3 Ruling of June 22, 2010 in this proceeding.
4 A party found eligible for an award of compensation in one phase of a proceeding remains eligible in later phases ... in the same proceeding (Rule 17.2 of the Commission Rules of Practice and Procedure).
5 D.11-03-019 also determined that Reid was eligible to receive an award as a § 1802(b)(1)(A) customer, in this proceeding.
