Local 483's Claim as a Customer

On the first page of both its Notice and Amended Notice, Local 483 states that it believes it qualifies as a customer pursuant to § 1802(b) "as a `participant representing consumers'" (category (i), above). According to its Notice and Amended Notice, Local 483 is a non-profit labor organization with approximately 250 members. Local 483 does not assert that it is an actual customer of either utility; however, it is undisputed that among Local 483's members are residential customers of Southern California Gas Company and San Diego Gas & Electric Company. Local 483 is a "self-appointed representative" in the sense that its participation on behalf of its members as customers may

represent more than the "narrow self-interest of its members as consumers." Intervenor Compensation Order at 648. In this sense it may be a participant representing consumers generally under category (i).

Further, as it asserts, Local 483 is a non-profit labor organization with 250 members who pay monthly dues. Local 483's "Constitution"⁴ states in Article I, Section A, that it has "jurisdiction over those employees of Pacific Enterprises who, by agreement, certification or other means it is authorized to represent." The Objectives of Local 483, according to Article II of its Local Constitution, are:

Section A

To protect, maintain and advance the interests of the workers, to improve working conditions, and to secure adequate remuneration for its members.

Section B

To secure equal pay for equal work, regardless of race, creed, color, sex, age, or national origin.

Section C

To extend unionism on the basis of industrial organization; to secure legislation in the interest of all working people; to promote recognition and acceptance of true collective bargaining in industry, and to increase public understanding and support of the labor movement.

Thus, Local 483's authority to act on behalf of its members in a regulatory setting is also pursuant to the specific express agreement or authorization of its members who are residential customers, category (ii) above.

Local 483 may also show that it members want, authorize and expect ratepayer representation in addition to labor-related representation, under category (iii). A category (iii) customer is "a formally organized group (with articles of incorporation and/or bylaws) authorized to represent the views [sic] of residential customers." (Intervenor Compensation Order at 648.)⁵ Local 483 is a local union member of the Utility Workers Union of America (UWUA). The Constitution of the UWUA expressly provides for regulatory and other forms of advocacy on behalf of its members and other working people. The Preamble states in part:

"The Utility Workers Union of America, AFL-CIO is an organization of members united by the belief in the dignity and worth of workers, by the value of the services we provide to the public and dedicated to improving the lives of our members and their families.

We are an organization of men and women of every race, religion, age, and ethnicity, who are committed to a society where all workers and their families live and work with dignity; where there is an economic and political mandate for a more equitable distribution of the nation's wealth for all those performing useful service to society; where workers have a collective voice and power at the workplace; where economic well being is achieved for our members and all workers; where work is satisfying and fairly rewarded.

To accomplish these goals, we commit to:

...

· Stay united and recognize our common ground and goals and not be divided by forces of discrimination, corporate action or disharmony;

· Participate in our democratic society and insure that unions maintain a vital and central role in the political, social and economic life of our country;

· Work for social and economic justice;

· Leave the workplace a better place for our children and our children's children. "

As discussed above, the Commission has a long-established practice of finding organizations eligible under category (iii) who are presumed by the Commission to promote broad public interests. The Commission's objective in providing intervenor compensation is to provide for as broad a platform as possible for consumers to have meaningful input into our complex regulatory processes. Working for social and economic justice is a very generalized objective but at the heart of our decisions we must make a finding that the rates and rules we adopt are just and reasonable, concepts that are closely aligned with social and economic justice. We find that within the scope of Local 483's Constitution and the Constitution of the national UWUA its members may expect the union to represent them broadly, including representation before the Commission.

Further, Local 483 can establish that it satisfies the intended purpose of ratepayer representative compensation as set forth in § 1801.3(b):

"The provisions of this article shall be administered in a manner that encourages the effective and efficient participation of all groups that have a stake in the public utility regulation process." (Emphasis added.)

Clearly Local 483 has "a stake" in the regulatory process. That stake potentially has two dimensions. One dimension is the interest of the employee members of Local 483 who may wish to ensure continuity of employment; safe working conditions and appropriate wages; and increased staffing levels, which would mean a larger membership base for the union as well as a sustained level and quality of service for customers. Article II - Objectives: Section A of Local 483's Constitution states that it is to "protect, maintain and advance the interests of the workers, to improve working conditions, and to secure adequate remuneration." These goals may be consistent with or in conflict with the interests of ratepayers as matters unfold in public utility regulatory proceedings.

In Article II - Objectives, Section C, of its Constitution, Local 483 is empowered to "to secure legislation in the interest of all working people." Local 483 interprets this to extend to regulatory processes as well.⁶ Article XV - Standing Committee, allows Local 483 to form special purpose, limited-life committees for legislative matters. In the National Union's Constitution, it states that the union is committed to "(w)ork for social and economic justice."⁷ Local 483's actions are subordinated to the National Union's Constitution and so we may also look to the National Union for guidance on the role of the local affiliate. The clear set of social and economic justice objectives of the national union are sufficient to negate any inference that Local 483's activities in this case will be contrary to the interests of customers for purposes of intervenor compensation eligibility.

At the eligibility stage of the intervenor compensation program we will make no final determination, but we will not foreclose compensation by a finding of ineligibility. Rather, as a matter of both law and policy the "customer status" of a labor organization like Local 483 representing utility employees, and thus eligibility for intervenor compensation, will be presumed, subject to subsequent final determinations by the Commission in a particular case where the union's participation is clearly objectively contrary to the interests of customers. This is consistent with our approach to eligibility in the environmental and low income areas, as discussed above.