3. Requirements for Awards of Compensation
The intervenor compensation program, set forth in Pub. Util. Code §§ 1801-1812,4 requires California jurisdictional utilities to pay the reasonable costs of an intervenor's participation if that party makes a substantial contribution to the Commission's proceedings. The statute provides that the utility may adjust its rates to collect the amount awarded from its ratepayers.
All of the following procedures and criteria must be satisfied for an intervenor to obtain a compensation award:
1. The intervenor must satisfy certain procedural requirements including the filing of a sufficient notice of intent (NOI) to claim compensation within 30 days of the prehearing conference (PHC), pursuant to Rule 17.1 of the Commission's Rules of Practice and Procedure (Rules), or at another appropriate time that we specify. (§ 1804(a).)
2. The intervenor must be a customer or a participant representing consumers, customers, or subscribers of a utility subject to our jurisdiction. (§ 1802(b).)
3. The intervenor must file and serve a request for a compensation award within 60 days of our final order or decision in a hearing or proceeding. (§ 1804(c).)
4. The intervenor must demonstrate "significant financial hardship." (§§ 1802(g) and 1804(b)(1).)
5. The intervenor's presentation must have made a "substantial contribution" to the proceeding, through the adoption, in whole or in part, of the intervenor's contention or recommendations by a Commission order or decision or as otherwise found by the Commission. (§§ 1802(i) and 1803(a).)
6. The claimed fees and costs must be reasonable (§ 1801), necessary for and related to the substantial contribution (D.98-04-059), comparable to the market rates paid to others with comparable training and experience (§ 1806), and productive (D.98-04-059).
In the discussion below, the procedural issues in Items 1-4 above are combined and a separate discussion of Items 5-6 follows.
3.1. 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.
Under § 1804(a)(1), a customer who intends to seek an award of intervenor compensation shall, within 30 days after the PHC is held, file and serve on all parties to the proceeding a NOI. Two PHC's were held on April 30, 2007 and May 18, 2007. In a ruling dated July 30, 2007, Administrative Law Judge (ALJ) Prestidge ruled that Sarvey's NOI, filed on June 22, 2007, was timely filed.
In his NOI, Sarvey asserts financial hardship. Sarvey estimated the cost of his participation in the proceeding as $49,100, which included the hiring of experts, transportation, and postage and copying expenses. Sarvey has also submitted financial information regarding his estimated monthly income and expenses, assets, and liabilities, which demonstrate that his planned participation in the proceeding would result in an undue financial hardship. The July 30, 2007, ruling on ALJ Prestidge found that Sarvey had met the showing for significant financial hardship, pursuant to Section 1802(g).
As to the customer status of the intervenor, the July 30, 2007 ruling found that Sarvey is a customer under Section 1802(b), qualified to request compensation.
Regarding the timeliness of the request for compensation, Sarvey filed his request for compensation on March 20, 2008, within 60 days of the issuance of D.08-02-001. No party opposed the request. In view of the above, we affirm the ALJ's ruling and find that Sarvey has satisfied all the procedural requirements necessary to make his request for compensation in this proceeding.
4 All subsequent statutory references are to the Public Utilities Code unless otherwise indicated.
