C.6. Significant Financial Hardship

A customer's showing of significant financial hardship may be made either in the NOI or in the compensation request submitted after the Commission's final order. (§ 1804(a)(2)(B).) AECA states that it will include its showing as part of its request for compensation.

A significant financial hardship showing for a Category 2 customer is based upon the standard of: "cannot afford, without undue hardship, to pay." (Intervenor Compensation Program Guide, page 5, citing D.98-04-059). A Category 2 customer "must provide the financial information of the customer who authorized you to serve in a representative capacity." (Intervenor Compensation Program Guide, page 5.) AECA must provide the financial information of each individual customer member it represents and make the necessary undue hardship showing for each member. If any member of AECA does not satisfy the undue hardship test, AECA must clearly state the percentage of its membership upon which the undue hardship test is based so that the Commission may properly adjust the 61.6% compensation factor used in previous awards. Failure to do so may result in delay or denial of a future compensation award.

Finally, AECA states that the eligibility it seeks is "for its individual customer members whose `interest is small in comparison to effective participation.' " (NOI, page 6,) The comparison test, however, is for Category 3 customers and is not applicable to AECA as a Category 2 customer pursuant to this ruling. AECA should review the Commission's Intervenor Compensation Program Guide, and may wish to consult with the Commission's Public Advisor, for more information about customer categories and the tests for significant financial hardship.

(END OF ATTACHMENT C)

CERTIFICATE OF SERVICE

I certify that I have by mail, and by electronic mail to the parties to which an electronic mail address has been provided, this day served a true copy of the original attached Administrative Law Judge's Ruling on TURN, NRDC and AECA Notices of Intent to Claim Compensation on all parties of record in this proceeding or their attorneys of record.

Dated October 21, 2004, at San Francisco, California.

/s/ FANNIE SID

Fannie Sid

NOTICE

Parties should notify the Process Office, Public Utilities Commission, 505 Van Ness Avenue, Room 2000, San Francisco, CA 94102, of any change of address to insure that they continue to receive documents. You must indicate the proceeding number on the service list on which your name appears.