Local 483's Claim as a Customer

On the un-numbered page 1 of both its Notice and Amended Notice, Local 483 states that it believes it qualifies as a customer pursuant to § 1802(b) "as a `participant representing consumers'" (category (i), above). Pursuant to Decision (D.) 98-04-059, 70 CPUC 2d 628, 648, "[a] `participant representing consumers' is an actual customer who represents more than his own narrow self-interest; a self-appointed representative."

According to its Notice and Amended Notice, Local 483 is a non-profit labor organization that is an affiliation of 250 members with no full time staff, regular employees or office clerical help. Although Local 483's members may incidentally be residential customers of Southern California Gas Company or San Diego Gas & Electric Company, Local 483 does not assert that it is an actual customer of either utility. Moreover, Local 483 is not a "self-appointed representative." Rather, as it asserts, Local 483 is a non-profit labor organization with 250 members who pay monthly dues. Local 483's "Constitution"⁴ states in Article I, Section A, that it has "jurisdiction over those employees of Pacific Enterprises who, by agreement, certification or other means it is authorized to represent." Thus, Local 483's authority is pursuant to the agreement or authorization of its members.

Local 483 has not provided any documentation to show that it members wanted, authorized and expected ratepayer representation and not labor-related representation, under category (ii) or (iii). (As explained in (D.) 98-04-059, 70 CPUC 628, 648, "[a] `representative authorized by a customer' connotes a more formal arrangement where a customer, or a group of customers, selects a presumably more skilled person to represent the customers' views in a proceeding." And, a category (iii) customer is "a formally organized group (with articles of incorporation and/or bylaws) authorized to represent the views of residential customers." (Id. at 648.)

In order to be eligible for intervenor compensation, Local 483 must establish that it satisfies the intended purpose of ratepayer representative compensation as set forth in § 1801.3 (b):

"The provisions of this article shall be administered in a manner that encourages the effective and efficient participation of all groups that have a stake in the public utility regulation process." (Emphasis added.)

Clearly Local 483 has "a stake" in the regulatory process. That stake potentially has two conflicting interests; first, the self-interest of the employee members of Local 483 who may wish to ensure their continued employment; personal working conditions and wages; or increased staff levels, which would mean a larger membership base for the union. Article II - Objectives: Section A of Local 483's constitution states that it is to "protect, maintain and advance the interests of the workers, to improve working conditions, and to secure adequate remuneration." These goals are potentially in conflict with the interests of ratepayers as matters unfold in public utility regulatory proceedings. The representation of the interests of its members as residential customers simply is not the focus of Local 483's existence. The terms of its constitution are clearly and solely focused on labor relations with an employer. Whether Local 483's members reside within the utilities' service territory is not controlling absent the authorization required by section 1802(b). Local 483's interests contrast sharply with the clear objectives of The Utility Reform Network (TURN), Aglet Consumer Alliance (Aglet), and others, which are organized primarily to represent small customers. The sole purpose of intervenor compensation is to allow under-represented residential customers to participate in Commission proceedings.

Moreover, the typical retail customer is not eligible to join to Local 483 in the same open fashion that a customer might decide to join or subscribe to TURN or Aglet. Local 483's Constitution restricts membership⁵ as follows: "Membership in this Local shall be confined only to those who can meet the provisions of Article III, (Membership) Section five (5)⁶, of the Utility Workers Union of America National (UWUA) Constitution". This reference by Local 483 does not cite the UWUA National Constitution's Article III Section One, which is more directly applicable and also more restrictive:

(i.) "This organization shall be composed of local unions having for their membership men and women employed in and around energy, electric, gas, steam, water, telecommunications, generation, service, and related industries and organizations, including entities that are the successors, subsidiaries, affiliates, mergers and acquisitions of employers whose employees are represented by the local union, and any other place now under the jurisdiction of the National Union as well as officers, staff representatives or employees of the National Union or local unions. These local unions shall, within the limits established by their respective charters, admit to membership all who apply and conform to the National Constitution and Bylaws of the respective local union. Persons having supervisory power, excluding the right to hire and fire, shall be eligible for membership subject to the approval of the National Union." (Emphasis added.)

These restrictions on membership are at odds with the Commission's stated intent in D. 98-04-059⁷ that "compensation may be proffered only to customers whose participation arises directly from their interests as customers." See also D.02-06-047 dated June 22, 2002 in footnote 4⁸ (mimeo, page 3). As also quoted above, members of Local 483 must be employees of Pacific Enterprises, the parent company of the applicant prior to the merger and formation of Sempra. Local 483's interest arises directly from its members' interests as employees of the utility and nothing in its constitution specifically authorizes it to represent the interests of residential customers. See D.00-04-059, 2000 Cal. PUC LEXIS 374 (2000), at *11-12. In Article II - Objectives, Section C, of its constitution, Local 483 is empowered to "to secure legislation in the interest of all working people." Local 483 interprets this authorization to extend to representation of residential ratepayer interests in regulatory processes as well.⁹ This argument is unconvincing. Local 483, as noted above, has not shown that its members want, authorize or expect ratepayer representation. The membership has no expectation that one of the goals of the organization is the furtherance of their interests as public utility customers in Commission proceedings (Pub. Util. Code § 1801).¹⁰

A thorough review of the constitutions of both Local 483 and the national UWUA shows that neither ever refers to "consumers", "ratepayers" or "customers" anywhere in the documents. The only reference in Local 483's Constitution to the "public" is with respect to the furtherance of trade unionism: to "increase public understanding and support of the labor movement"¹¹. The constitution does not support Local 483 eligibility under categories (ii) or (iii). In sum, Local 483 does not meet the requirements to qualify as a customer under categories (i), (ii) or (iii).