Significant Financial Hardship
Finally, Local 483 does not satisfy the standard for "significant financial hardship" defined in section 1802(g) as it applies to a category (i) "participant representing consumers." Local 483 is required to demonstrate that significant financial hardship will occur as a result of its participation here. (See Section 1802(g).) D. 98-04-059 determined that a "participant" suffers significant financial hardship when he "cannot afford, without undue hardship, to pay" the costs of effective participation. (70 CPUC 2d 628, 650) This can become an evaluation of the customer's personal financial circumstances regardless of what the individual may stand to lose or gain by participating in a specific case.
As an alleged category (i) customer, Local 483 failed to provide any information regarding the financial resources of the consumers its purports to represent, its individual members. D.98-04-059, (ID 652, 653), requires participants seeking a finding of significant financial hardship to disclose their finances to the Commission, under appropriate protective order. As described in D.98-04-059, this means disclosure of gross and net monthly income, monthly expenses, and cash and assets. Local 483 did not provide the required information to support its conclusion that the consumers it purports to represent "cannot afford, without undue hardship, to pay the costs of effective participation." See 1802(g).
Local 483 appears to be confused on its precise eligibility, stating that it is a (category (i)) "participant representing consumers" the first definition under §1802(b). However, Local 483 did not provide the appropriate financial information that would support customer status under this particular provision of § 1802(b).12 Local 483 made a hardship claim more appropriate to customer status under category (iii): a representative of a group or an organization authorized in its articles of incorporation or bylaws to represent the interests of residential customers. However, as explained above, Local 483 does not qualify under that definition of customer either.
12 As a category (i) customer, Local 483 would have to demonstrate that undue financial hardship will occur as a result of its participation here. (See Section 1802(g).) D.98-04-059, slip op. at p. 36, requires participants seeking a finding of significant financial hardship to disclose their finances to the Commission, under appropriate protective order. As described in D.98-04-059, this means that category (i) customers must disclose their gross and net monthly income, monthly expenses, cash and assets, including equity in real estate. Subsequent rulings have determined that it is reasonable to exclude the equity of a participant's personal residence from this disclosure.
