6. Contribution to Resolution of Issues

Intervenors argue that they made substantial contributions to D.98-12-084 through their representation of the interests of language minority communities. We note that GTEC specifically states in its Response to the Request that it does not contest the significance of Intervenors' contribution to the outcome in this proceeding. (Response, p. 2.) The Commission has previously discussed application of the substantial contribution standard to the participation of a party in nonlitigated proceedings. A party who participates in efforts that lead to the adoption of a settlement agreement may be entitled to an award of compensation where the Commission finds that the party's contribution to the order or decision was substantial. (See D.98-04-059, pp. 39-42.)

The record supports Intervenors' contention that they made a substantial contribution to D.98-12-084. As noted in D.98-12-084, Intervenors conducted discovery and attended three PHCs during the proceeding. Intervenors filed statements prior to each PHC. They also filed a motion to compel discovery

against the other parties that was granted in part. Between the date of the first PHC on May 12, 1998, and September 9, 1998, Intervenors participated in settlement negotiations. On June 29, 1998, the other parties to the proceeding filed a joint motion to approve a proposed settlement agreement. Intervenors alone opposed this original settlement agreement.

As a result of Intervenors' opposition to this settlement agreement, further settlement meetings were held. Intervenors' opposition to the original settlement agreement resulted in the crafting of a revised settlement agreement that includes provisions for a $4.85 million Telecommunications Consumer Protection Fund. As we note in D.98-12-084, the Fund was created to educate non-English speaking customers in the potentially affected service areas. (Id., p.20.) These are the customers whose interests Intervenors represented. (Id., p. 11.) Intervenors' efforts played a crucial role in ensuring redress to language minority customers. Intervenors have demonstrated that their active participation in all stages of this proceeding made a substantial contribution to D.98-12-084.