C. Procedural Issues

Our previous findings that TURN timely filed its notice of intent and made a showing of significant financial hardship apply to this request for compensation as well. (See D.02-06-070.)

Section 1804(c) requires an eligible customer to file a request for an award within 60 days of issuance of a final order or decision by the Commission in the proceeding. However, § 1802(a) defines the "compensation" to be awarded as including "the fees and costs of obtaining [...] judicial review," which more often than not will be incurred well after 60 days of issuance of the Commission's final decision. TURN asks that we determine that this request for compensation is timely filed by deeming the April 19, 2004, issuance of the District Court of Appeals decision upholding our decisions on TURN's previous request for compensation as an appropriate trigger of the sixty-day period set forth in § 1804(c). We do so.

We previously dismissed TURN's compensation request without prejudice, exercising our discretion to await the final determination in the federal court cases before evaluating the request. (See D.03-12-041.) Edison v. Lynch was finally resolved on December 19, 2003. While PG&E v. Lynch is still an open docket pending final resolution of the appeal in state court of D.03-12-035, this is a reasonable point to consider TURN's request, given the sum in question and the time period that has elapsed.