IV. NOI to Claim Compensation
Section 1804(a)(1) requires a customer who intends to seek an award of intervenor fees and expenses to file its NOI and serve a copy of its NOI on all parties to the proceeding within 30 days after the holding of a PHC. The 30-day time period after the June 29, 2000 PHC in this proceeding ended on July 30, 2000. Because the statutory time period for filing an NOI in this proceeding fell on a Sunday, the NOI filing date was extended to Monday, July 31, 2000, pursuant to Rule 3.2 of the Commission's Rules of Practice and Procedure.
A. Aglet
Aglet filed its NOI on July 24, 2000. Aglet requested eligibility to participate and claim compensation in this proceeding as a Category III customer.5 There was no filed opposition to Aglet's NOI. On August 10, 2000, the assigned Administrative Law Judge (ALJ) ruled that Aglet's NOI was timely filed, that it was a customer as defined by § 1802(b), that it is eligible to claim compensation, and that a presumption of significant financial hardship existed for Aglet in this proceeding.
B. API
API filed its NOI on July 31, 2000. There was no filed opposition to API's NOI, which the ALJ ruled was timely filed. Although API requested a finding that it is eligible to claim compensation as a Category I customer6 and that a presumption of significant financial hardship exists, such findings could not be made because API did not provide sufficient information in its NOI. The ALJ permitted API to provide additional customer information, and required API to demonstrate its significant financial hardship as part of any subsequently filed request for compensation.
API submitted its additional customer information on September 13, 2000, and the ALJ ruled that although this information did not show it is a Category I customer, the information did show that API is a Category III customer. Hence, API was found to be a customer as defined by § 1802(b).
5 A Category III customer is a representative of a group or organization formally organized with articles of incorporation or bylaws that authorize the entity to represent the views of residential customers, membership of which includes residential ratepayers of the applicant. (See § 1802(b).) 6 A Category I customer is an actual customer of the applicant who represents more than his or her own narrow self-interest. (See § 1802(b).)
