13. Intervenor Compensation

A party that expects to request intervenor compensation for its participation in this rulemaking shall file its NOI to claim intervenor compensation in accordance with Rule 17.1. Because no PHC currently is set in this order, the NOI should be filed within 30 days of the date this OIR is mailed.⁸ The NOI may be amended within 15 days after the issuance of the Scoping Memo. (Rule 17.1(b).)

This OIR is a continuation of R.09-01-019. While it is formally a separate proceeding, it is substantially similar to the continuation of a phased proceeding. A party found eligible for an award of compensation in one phase of a proceeding remains eligible in later phases. (Rule 17.2.) We permit a party found eligible in R.09-01-019 to remain eligible in this proceeding. (Rules 1.2 and 17.2.⁹) The party should update its planned participation, potential compensation request, or other relevant information, however, if different than as stated in R.09-01-019. The party should do this in the form of an amendment to its previously filed NOI, and do so within 30 days of the date this OIR is mailed¹⁰ (and further amended, if necessary, within 15 days after the issuance of the Scoping Memo).

Today's order closing R.09-01-019 is not "the decision closing the proceeding" for the purposes of filing a request for an award. (Rule 17.3.) That is, an eligible intervenor may, but is not required to, file a request now for work performed to date. Alternatively, an eligible intervenor may subsequently file a request within 60 days of the issuance of a decision that resolves an issue on which the intervenor believes it made a substantial contribution, or the decision that finally closes this matter. (Rule 17.3.)

⁸ If a PHC is held, the NOI may be filed within 30 days of the date of the PHC. (Rule 17.1(a)(1).)

⁹ Rule 1.2 provides in relevant part that, "These rules may be liberally construed to secure just, speedy, and inexpensive determination of the issues presented."

¹⁰ If a PHC is held, the update may be filed within 30 days of the date of the PHC.