5. Substantial Contribution to Resolution of Issues
A party may make a substantial contribution to a decision in one of several ways. It may offer a factual or legal contention upon which the Commission relied in making a decision or it may advance a specific policy or procedural recommendation that the ALJ or Commission adopted.6 A substantial contribution includes evidence or argument that supports part of the decision even if the Commission does not adopt a party's position in total.7
Here, D.01-11-017 dismissed Sawaya's complaint with prejudice and declined to impose penalties on MCI based on MCI's late payment of intervenor compensation to Sawaya. Sawaya therefore did not attain the result sought in his complaint and is not entitled to the full compensation requested. However, D.01-11-07 did warn MCI that future late payments of intervenor compensation and misleading statements in pleadings could lead to the imposition of penalties pursuant to Section 2107 and 2108. Sawaya brought MCI's late payment and unclear statements in the answer to the attention of the Commission, and he created a record on these issues through his participation in this proceeding. The Commission has a strong policy interest in ensuring that utilities pay intervenor compensation and comply with Commission orders on time. Sawaya therefore made a substantial contribution to the decision but, under these circumstances, and also in light of our concerns discussed below about the hours Sawaya is claiming, we will award him a lesser amount of intervenor compensation than he requests.
6 Section 1802(h). 7 The Commission has provided compensation even when the position advanced by the intervenor is rejected. See D.89-03-063 (awarding San Luis Obispo Mothers For Peace and Rochelle Becker compensation in Diablo Canyon Rate Case because their arguments, while ultimately unsuccessful, forced the utility to thoroughly document the safety issues involved). See also D.89-09-103, Order modifying D.89-03-063 (In certain exceptional circumstances, the Commission may find that a party has made a substantial contribution in the absence of the adoption of any of its recommendations. Such a liberalized standard should be utilized only in cases where a strong public policy exists to encourage intervenor participation because of factors not present in the usual Commission proceeding. These factors must include 1) an extraordinarily complex proceeding, and 2) a case of unusual importance.)
