3. Procedural Issues

Adams filed his NOI on March 17, 2004. Because no prehearing conference was conducted in this matter, the NOI was filed approximately midway in the workshop process, and we deem it timely on that basis. On July 28, 2004, Administrative Law Judge (ALJ) Walker issued a ruling that found Adams to be a customer Category 1 participant, representing consumers, pursuant to § 1802(b) and eligible to file for an award of intervenor compensation, subject to a showing of significant financial hardship. Adams filed his request for compensation on March 21, 2005, within 60 days of
D.05-01-030. Adams asserted financial hardship in documents filed under seal with his request for compensation.

An intervenor seeking compensation must show that, without undue hardship, it cannot pay the reasonable costs of effective participation in the proceeding. A participant representing consumers (Category 1) or a representative authorized by a customer (Category 2) must disclose its finances to the Commission to make this showing. Adams has submitted under seal statements showing his and his wife's income, net worth and expenses. The finances of the participant, as revealed in the sealed documents, meet the statutory standard for showing financial hardship.

Adams has satisfied all of the procedural requirements necessary to make the request for compensation.

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