III. Requirements for Award of Compensation
The applicable intervenor compensation rules are found in Pub. Util. Code § 1801 and following, and in Article 18.8 of the Commission's Rules of Practice and Procedure. 3 In order for the Commission to award compensation to a "customer" for preparation and participation in a proceeding, the customer must comply with § 1804 and satisfy both of the following requirements:4
"(a) The customer's presentation makes a substantial contribution to the adoption, in whole or in part, of the commission's order or decision.
"(b) Participation or intervention without an award of fees or costs imposes a significant financial hardship." (Pub. Util. Code § 1803.)
Section 1804 provides in part that a notice of intent to claim compensation must be filed by the customer. The notice must include a statement of the nature and extent of the customer's planned participation, and an itemized estimate of the compensation that the customer expects to request. The notice may also include a showing by the customer that participation in the proceeding would pose a significant financial hardship.
On February 6, 2002, TURN filed its notice. TURN elected to make its showing of significant financial hardship by referencing the December 19, 2001 ruling issued in A.01-09-003, wherein TURN received a finding of significant financial hardship. Under § 1804(b)(1), that previous finding entitles TURN to a rebuttable presumption of eligibility for compensation in this proceeding. No one challenged this presumption. As a result, TURN has made a showing of significant financial hardship. In the March 1, 2002 Administrative Law Judge (ALJ) ruling in this proceeding, TURN was found eligible for an award of compensation in accordance with § 1804(b)(1). Thus, TURN has satisfied the eligibility and significant financial hardship requirements, and is eligible to seek an award of compensation in connection with its contribution to D.02-08-070 and D.03-12-061.
3 Unless otherwise stated, all statutory references are to the Public Utilities Code. 4 For the purposes of the intervenor compensation provisions, a "customer" is defined in Section 1802(b). In the March 1, 2002 ALJ ruling regarding TURN's notice of intent to claim compensation, TURN was found to meet the definition of a customer because it is a "group or organization authorized pursuant to its articles of incorporation or bylaws to represent the interests of residential customers." (Pub. Util. Code § 1802(b).)
