Significant Financial Hardship

In its NOI, TURN asserted that its participation in this proceeding would pose significant 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)).

A determination of significant financial hardship was made by ALJ Bemesderfer in A.02-07-050 on March 25, 2003. Since this current proceeding commenced within one year of the date of that determination, TURN is entitled to a rebuttable presumption of significant financial hardship in this proceeding. No objection has been made to TURN's NOI or claim for compensation, so the presumption of significant financial hardship remains.