3. Procedural Issues
3.1. Filing a Timely NOI to Claim Compensation
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 in a timely manner. In a proceeding that includes a PHC, the intervenor must file and serve its NOI between the initiation date of the proceeding and 30 days after the first PHC. (Rule 17.1(a)(1).) The Commission conducted the first PHC in R.06-02-013 on February 28, 2006. TURN timely filed its NOI to claim compensation on March 28, 2006.
The Commission conducted the PHC for A.05-06-003 on August 2, 2005. TURN timely filed its NOI to claim compensation on September 1, 2005.
3.2. Meeting the Definition of "Customer"
Section 1802(b)(1) defines "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. TURN represents the interests of residential ratepayers of the IOUs. TURN has previously appeared before the Commission as a consumer advocate. The Commission finds that TURN is a customer as defined in § 1802(b)(1)(C).
3.3. Filing a Timely Request for Compensation
TURN filed its first request for compensation on September 19, 2006, within 60 days of the issuance of D.06-07-029 in proceeding R.06-02-013. TURN timely filed its request for compensation with respect to this decision.
In this request, TURN also seeks compensation for its work in proceeding A.05-06-003. However, the Commission issued the final decision in that proceeding on January 13, 2006, more than eight months before TURN filed its request. Because TURN did not timely file its request for compensation with respect to A.05-06-003, TURN failed to meet the procedural requirements and the Commission must disallow that part of the request relating to TURN's work in A.05-06-003.2 The Commission wishes to emphasize, however, that the Commission does appreciate TURN's participation in A.05-06-003 and the Commission encourages TURN's continued participation in Commission proceedings.
TURN timely filed its second request for compensation on February 19, 2008, within 60 days of the issuance of D.07-12-052.
3.4. Demonstrating Significant Financial Hardship
The Commission found in a November 4, 2005 ruling in A.05-02-027 that TURN made a satisfactory showing of significant financial hardship pursuant to § 1802(g). The current proceeding commenced on February 16, 2006-within one year of that finding. Thus, pursuant to § 1804(b)(1), there exists a rebuttable presumption of eligibility for compensation for TURN.
In light of the above, the Commission finds that TURN has satisfied the procedural requirements necessary to make its request for compensation for its work toward D.06-07-029, D.07-09-044, and D.07-12-052; however, the Commission finds that TURN did not satisfy the procedural requirements necessary to make its request for compensation for its work in A.05-06-003.
2 In its request, TURN notes that it deferred seeking compensation for its work in A.05-06-003 because the final decision, D.06-01-004, did not resolve the underlying policy issues. Regardless, D.06-01-004 was the final decision by the Commission in the proceeding and TURN has the responsibility to seek compensation pursuant to § 1804(c).
