2. Requirements for Awards of Compensation

The intervenor compensation program, set forth in Pub. Util. Code §§ 1801-1812,1 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.

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.

The PHC in this proceeding was held on February 9, 2007. Aglet Consumer Alliance (Aglet) timely filed its NOI on March 9, 2007.

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 24, 2007, Administrative Law Judge (ALJ) Long issued a ruling that found Aglet a customer pursuant to § 1802(b)(1)(C), because of its status as an organization authorized pursuant to its articles of organization and bylaws to represent the interests of residential and small commercial customers of electrical, gas, water, and telephone utilities.

Regarding the timeliness of the request for compensation, Aglet filed its request for compensation on August 18, 2008, within 60 days of Decision (D.) 08-07-046 being issued. No party opposed the request. In view of the above, we affirm the ALJ's ruling and find that Aglet has satisfied all the procedural requirements necessary to make its request for compensation in this proceeding.

In its NOI, Aglet asserted financial hardship. On March 7, 2006, in A.05-12-002 et al., the ALJ ruled that Aglet met the financial hardship condition pursuant to § 1802(g). Because this proceeding commenced within one year of the date of our prior finding of significant financial hardship regarding Aglet, we extend that finding to Aglet's participation in this proceeding through a rebuttable presumption of eligibility pursuant to § 1804(b)(1).

1 All subsequent statutory references are to the Public Utilities Code unless otherwise indicated.

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