3. 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 and serve its NOI between the date 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 January 30, 2007.

3.1. Natural Resources Defense Council (NRDC)

On March 1, 2007, NRDC filed its initial NOI in this proceeding. Thereafter and based on the subsequent Assigned Commissioner's Scoping Memo (dated April 23, 2007), NRDC filed an Amended NOI on May 23, 2007, in order to update its previous estimated compensation request in light of that Scoping Memo. NRDC's two NOIs were both timely.

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).)

On April 3, 2007, the ALJ issued a ruling that found NRDC a customer pursuant to § 1802(b) and that it meets the financial hardship condition pursuant to § 1802(g).

NRDC timely filed its request for compensation on February 19, 2008, within 60 days of D.07-12-050 issuance. No party opposed NRDC's request.

3.2. The Utility Reform Network (TURN)

On March 1, 2007, TURN timely filed its NOI in this proceeding.

On April 3, 2007, the ALJ issued a ruling that found TURN a customer pursuant to § 1802(b) and that it meets the financial hardship condition pursuant to § 1802(g).

On February 19, 2008, TURN timely filed its request for compensation, within 60 days of D.07-12-050 issuance. No party opposed TURN's request.

In view of the above, we affirm the ALJ's April 3, 2007, ruling and find that NRDC and TURN have satisfied all the procedural requirements necessary to make their respective request for compensation in this proceeding.