V. Financial Hardship

An intervenor seeking compensation must show that, without undue hardship, it cannot pay the reasonable costs of effective participation in the proceeding. In the case of groups or organizations, significant financial hardship is demonstrated by showing that the economic interest of individual members is small compared to the overall costs of effective participation. (Pub. Util. Code § 1802(g).) Such a finding is normally made in the ALJ's preliminary ruling as to whether the customer will be eligible for compensation (§ 1804(b)).

In its NOI, TURN asserted financial hardship through a rebuttal presumption, as allowed by S 1804(b)(1), by showing a finding to meet this requirement was made in another proceeding within the last year. On May 28, 2002, ALJ Walwyn ruled that TURN met the significant financial hardship condition.