VII. Representatives With No Recently Authorized Rates

In D.05-11-031, we did not authorize any general hourly rate increases for work performed in 2005 above rates adopted for 2004. We did, however, set forth in that decision three circumstances where a 2005 rate increase for an individual representative might be justified. One of those circumstances was for representatives whose hourly rate was last authorized prior to 2004, and in that case we found an increase of 3% per year for each year up to 2005 as reasonable.

We solicited comments in this OIR on whether we should allow an individual without a recently authorized rate to seek a new rate as if that individual were new to Commission proceedings, thereby not necessarily tying the individual's older (e.g., more than four years) rate to the current request.

In their comments, the utilities and Aglet agree or did not oppose allowing an individual with no recent rate to justify a new rate as if that individual were new to Commission proceedings.

The Joint Intervenors commented that the issue could also be one of how to treat, for example, two individuals who had similar approved rates in the past, but now may be on significantly different rate levels because one of them had not appeared before the Commission for some time, while the other had rates adopted annually. The Joint Intervenors suggest we allow an individual with no recent rate to renew the linkage that existed in the past, and thereby create a rebuttable presumption for compensation at the same level as the individual whose rate was updated more recently. We will entertain a request to renew a linkage where the Commission had expressly linked the rates of two individuals in the past; however, we will not accord a rebuttable presumption to the validity of such a request. The individual who had not appeared before the Commission for some time may have retired or may have worked in unrelated areas. Thus, the intervenor proposing we renew a linkage should demonstrate that the nature of the individual's work since we approved the linkage continues to support the linkage.

In sum, we are allowing an individual with no recently authorized rate to justify a new rate as if the representative were new to Commission proceedings. Comparison to approved rates for other representatives is always part of this justification; where the representative formerly had an approved rate expressly linked by us to another representative, the intervenor may seek to restore the linkage, provided the intervenor shows that the original basis for the linkage remains valid.