2. Requirements for Awards of Compensation

Intervenors who seek compensation for their contributions in Commission proceedings must demonstrate compliance with Pub. Util. Code §§ 1801-1812. Section 1804(a) requires an intervenor to file a Notice of Intent (NOI) within 30 days of the prehearing conference or by a date established by the Commission. On September 29, 1999, Aglet and Weil filed a timely NOI to claim compensation. The NOI included a demonstration of "customer" status (as defined by the statute), adequacy of representation, nature and extent of planned participation, and a compensation estimate of $9,390. The NOI presented citations to rebuttable presumptions of eligibility for compensation for both Aglet and Weil, pursuant to Pub. Util. Code § 1804(b)(1). The assigned Administrative Law Judge (ALJ) issued a ruling on January 10, 2000, finding them eligible for compensation in this proceeding.

Section 1804(c) requires the intervenor's request for an award be filed within 60 days following issuance of a final decision. There was some question of Aglet's and Weil's timeliness in this regard, but we have examined the Express Mail receipt and other documents supplied by Aglet and Weil, and we conclude that the preponderance of evidence shows that the compensation request was timely delivered to the Commission offices.

Section 1804(c) also requires an intervenor requesting compensation to provide "a detailed description of services and expenditures and a description of the customer's substantial contribution to the hearing or proceeding." Section 1802(h) states that "substantial contribution" means that,

"in the judgment of the commission, the customer's presentation has substantially assisted the commission in the making of its order or decision because the order or decision has adopted in whole or in part one or more factual contentions, legal contentions, or specific policy or procedural recommendations presented by the customer. Where the customer's participation has resulted in a substantial contribution, even if the decision adopts that customer's contention or recommendations only in part, the commission may award the customer compensation for all reasonable advocate's fees, reasonable expert fees, and other reasonable costs incurred by the customer in preparing or presenting that contention or recommendation."

Section 1804(e) requires the Commission to issue a decision that determines whether or not the customer has made a substantial contribution and the amount of compensation to be paid. The level of compensation must take into account the market rate paid to people with comparable training and experience who offer similar services, consistent with § 1806.