A party that expects to request intervenor compensation for its participation in this rulemaking shall file its notice of intent (NOI) to claim intervenor compensation in accordance with Rule 17.1. Since no PHC is anticipated at this time, the NOI should be filed within 30 days of the date this OIR is mailed. The NOI may be amended within 15 days after the issuance of the scoping memo. (Rule 17.1(b).)
This OIR is a continuation of R.06-05-027. While it is formally a separate proceeding, it is substantially similar to the continuation of a phased proceeding. A party found eligible for an award of compensation in one phase of a proceeding remains eligible in later phases. (Rule 17.2.) We permit a party found eligible in R.06-05-027 to remain eligible in this proceeding. (Rules 1.2 and 17.2.15) The party should update its planned participation, potential compensation request, or other relevant information, however, if different than as stated in R.06-05-027.
Today's order closing R.06-05-027 is not "the decision closing the proceeding" for the purposes of filing a request for an award. (Rule 17.3.) That is, an eligible intervenor may, but is not required to, file a request now for work performed to date. Alternatively, an eligible intervenor may subsequently file a request within 60 days of the issuance of a decision that resolves an issue on which the intervenor believes it made a substantial contribution, or the decision that finally closes this matter. (Rule 17.3.)
15 Rule 1.2 provides in relevant part that "These rules may be liberally construed to secure just, speedy, and inexpensive determination of the issues presented."