Procedural Issues

The prehearing conference (PHC) in this matter was held on July 1, 1999. TURN did not file its NOI until August 18, 1999,³ but TURN sought and received permission from assigned Administrative Law Judge (ALJ) Linda Bytof for its late filing. This ALJ ruling also found TURN to be a "customer" under the Public Utilities Code. TURN filed its request for compensation on April 15, 2004, within the required 60 days of D.04-02-025 being issued. In its NOI, TURN asserted financial hardship based on a finding of significant financial hardship made in a ruling in A.98-09-003 et al., dated January 4, 1999. Based on that ruling, it was determined that TURN had a rebuttable presumption of eligibility for compensation in other Commission proceedings commencing after January 4, 1999 and before January 4, 2000. This proceeding was filed on April 19, 1999, and no reason appears to question the presumption, so we affirm the ruling that TURN is eligible for intervenor compensation.

TURN has satisfied all the procedural requirements necessary to make its request for compensation. We also note that no protests to TURN's request for compensation have been received.