COM/CXW/MZR/mnt Mailed 12/24/2003

Decision 03-12-058 December 18, 2003

BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA

Application of Southern California Gas Company for authority to update its gas revenue requirement and base rates. (U 904 G)	Application 02-12-027 (Filed December 20, 2002)
Application of San Diego Gas & Electric Company for authority to update its gas and electric revenue requirement and base rates. (U 902 M)	Application 02-12-028 (Filed December 20, 2002)
Order Instituting Investigation on the Commission's Own Motion into the Rates, Operations, Practices, Service and Facilities of Southern California Gas Company and San Diego Gas & Electric Company.	Investigation 03-03-016 (Filed March 13, 2003)

DECISION GRANTING LOCAL 483 UTILITY WORKERS UNION OF AMERICA ELIGIBILITY FOR INTERVENOR COMPENSATION

Summary

This decision makes a preliminary determination of eligibility as requested in the Notice of Intent (Notice) filed by Local 483 Utility Workers Union of America (Local 483) on March 29, 2003 and the Amended Notice filed on

May 20, 2003 pursuant to Pub. Util. Code § 1804(b)(1).¹ Local 483 is eligible to request compensation in this proceeding because it meets the statutory definition of "customer," Pub. Util. Code § 1802(b), and demonstrates a significant financial hardship, Pub. Util. Code § 1802(g). The preliminary determination of eligibility does not assure that an award of compensation will be forthcoming at the conclusion of the proceeding. Pub. Util. Code § 1804(b)(2). Local 483 must make a substantial contribution to the Commission's decision in order to receive a reward, Pub. Util. Code § 1803, and must provide adequate documentation as specified later in this order.

The intervenor compensation statute requires the Commission to award reasonable compensation for costs of participation to a "customer" (1) who makes a substantial contribution and (2) whose participation without an award of compensation would impose a significant financial hardship. Pub. Util. Code § 1803. In In the Matter of the Commission's Intervenor Compensation Program, (1998), 79 CPUC 2d 628 (hereafter Intervenor Compensation Order) we suggested that questions about a participant's status as a customer should be addressed at the "Notice of Intent Stage" of the proceeding in which compensation would be sought, which typically occurs around the time of the Prehearing Conference. (79 CPUC 2d 628, 649.) We follow that timetable here, although due to the importance of the issue we issue a Commission decision at this early stage.