III. Procedural Issues

A PHC was held on June 22, 2005. NRDC timely filed its NOI on July 22, 2005. On November 10, 2005, Administrative Law Judge (ALJ) Gottstein ruled that NRDC is a customer, pursuant to § 1802(b)(1)(C), and meets the requirement for financial hardship through a rebuttable presumption of eligibility, pursuant to § 1804(b)(1), because NRDC met this requirement in another proceeding within one year of the commencement of this proceeding (ALJ Ruling dated July 27, 2004, in R.04-04-003). NRDC filed its request for compensation on November 18, 2005, within 60 days of D.05-09-043 being issued.

NRDC has satisfied all the procedural requirements necessary to make its request for compensation in this proceeding.