VI. Assignment of Proceeding
Carl W. Wood is the Assigned Commissioner. Sarah R. Thomas is the assigned ALJ in this proceeding.
1. Tate, chairman of LFI, participated in this proceeding as an intervenor.
2. The PHC in this proceeding was held on May 21, 2002.
3. Tate did not file his NOI until July 1, 2002.
4. In order to meet the statutory deadline for timely filing of a NOI, Tate's NOI should have been filed no later than June 22, 2002.
5. Tate did not file a motion to leave to submit a late NOI or explain his late filing in the NOI or his request for intervenor compensation.
6. Tate participated in this proceeding primarily as a business competitor to PG&E in the development of the natural gas liquefier and related technology, rather than as a PG&E customer.
7. Tate presented no evidence that utility customers have authorized him or LFI to represent their interests in this proceeding or that LFI's articles of incorporation or by-laws authorize LFI to represent utility customers.
8. Tate and LFI did not prove they are currently PG&E natural gas customers.
1. Under § 1804(a), a customer who intends to seek an award of intervenor compensation must generally file and serve a NOI within 30 days after the PHC is held.
2. Since Tate's NOI was not filed within the statutory timeframe, and he has shown no reason to excuse his late filing, Tate's request for intervenor compensation should be denied.
3. Under the intervenor compensation statutes, an intervenor must qualify as a customer under § 1802(b) in order to be eligible for an award of compensation.
4. In order to qualify as a representative of utility customers, an intervenor must be an actual customer of the utility whose interests in the proceeding arise primarily from its role as a utility customer, and must represent the broader interests of at least some other customers, consumers, or subscribers.
5. Since neither Tate nor LFI qualifies as a customer under § 1802(b), Tate is not eligible for an award of intervenor compensation, and his request for intervenor compensation should be denied.
6. Today's order should be made effective immediately.
IT IS ORDERED that:
1. The request of Raymond Tate, Jr., for an award of intervenor compensation is denied.
2. These proceedings are closed.
This order is effective today.
Dated_______ 2004, at San Francisco, California.
Compensation Decision: |
D |
Contribution Decision(s): |
D0310086 |
Proceeding(s): |
A0203047, A0203048, A0203049 |
Author: |
ALJ Thomas |
Payer(s): |
Intervenor Information
Intervenor |
Claim Date |
Amount Requested |
Amount Awarded |
Multiplier? |
Reason Change/Disallowance |
Raymond Tate, Jr. |
12/30/03 |
$269,622.00 |
0 |
None |
Failure to file timely Notice of Intent, eligibility denied. |
Advocate Information
First Name |
Last Name |
Type |
Intervenor |
Hourly Fee Requested |
Year Hourly Fee Requested |
Hourly Fee Adopted |
