5. Contributions of Other Parties

Section 1801.3(f) requires an intervenor to avoid participation that duplicates that of similar interests otherwise adequately represented by another party, or participation unnecessary for a fair determination of the proceeding. Section 1802.5, however, allows an intervenor to be eligible for full compensation where its participation materially supplements, complements, or contributes to the presentation of another party if that participation makes a substantial contribution to the Commission order.

NRDC and TURN state that they each collaborated closely with all other intervening parties throughout this proceeding, coordinating meetings, workshops, analysis of applications, and discussions with parties. NRDC and TURN explain that the modest overlaps between TURN, NRDC, and other intervening parties do not reflect excessive duplication, rather such seeming overlaps are evidence of active cooperation and coordination to facilitate constructive and efficient public dialogue.

This consolidated proceeding required high-quality and quickly delivered analysis and recommendations, all of which were critically important to the process leading to the final decision. To that end, NRDC and TURN both state that they each took all reasonable steps to coordinate with all parties while keeping duplication to a minimum and to ensure that its work served to supplement, complement, or contribute to the showing of the other very active parties in this proceeding. The record of the consolidated proceeding, as well as the requests detailing the work, confirms this. NRDC and TURN acknowledge that TURN was the leading intervenor with broader interests and issues it championed; and TURN's record evidences this. NRDC, as a lone environmental party, played a formidable role in the consolidated proceeding.

We agree with NRDC that in this consolidated proceeding which involved multiple participants, it was virtually impossible to completely avoid some duplication of the work of other parties. However, the record shows that NRDC and TURN each made a substantial contribution in their respective roles, in this consolidated proceeding, by constructively adding to the discussion while minimizing unnecessary duplication.