Scoping
In this part of today's decision, we announce preliminary determinations and scoping, as required by Rule 6(c)(2). This proceeding is quasi-legislative in character. We see no need for a formal hearing. The general issue for the proceeding is implementation of certain provisions of § 1801 et seq. regarding intervenor compensation.
The Chief Administrative Law Judge will submit a Notice of Proposed Rulemaking, the attached draft of the proposed rules, and all other required documents to the Office of Administrative Law (OAL) for publication in the California Regulatory Notice Register. This publication starts the 45-day notice and comment period, which is the first stage leading to the adoption and codification (in the California Code of Regulations) of the proposed rules. For purposes of such publication, the Chief Administrative Law Judge is authorized to propose nonsubstantive changes to the draft whenever such nonsubstantive change will improve the clarity or consistency of the rule. This order, including the text of the proposed rule amendment, and other documents submitted to the OAL will also be published on our web site.
During the 45-day period following publication of the Notice of Proposed Rulemaking, written comments on the proposed rules, as well as on the proposed elimination of the intervenor compensation fund and the proposal for its replacement procedure, may be filed in this proceeding. We also provide for the opportunity to file reply comments on the proposals.
We project final adoption of these proposals and submission of the proposed rules to the OAL within six months of the publication of the Notice of Proposed Rulemaking in the California Regulatory Notice Register; however, in no event will the time to finally resolve this proceeding exceed 18 months from the effective date of today's decision.
IT IS ORDERED that:
1. This Order Instituting Rulemaking will be served initially on the attached service list. Any interested person may request inclusion on the service list for this rulemaking by writing to the Commission's Process Office by May 31, 2006; the updated service list will be published by ruling and at the Commission's Internet site (www.cpuc.ca.gov).
2. The Chief Administrative Law Judge will send today's decision and all required forms to the Office of Administrative Law in accordance with applicable provisions of the Government Code. For purposes of publishing the appended proposed rule amendment in the California Regulatory Notice Register, the Chief Administrative Law Judge is authorized to make nonsubstantive changes to the proposed rule amendment as may be required to prepare the rule for publication or to improve the overall clarity or consistency of the proposal.
3. The Chief Administrative Law Judge will publish the Notice of Proposed Rulemaking, the text of the proposed rules, and our initial statement of reasons for the proposed rule amendment to the Commission's Internet site.
4. Comments on the proposed rules amendments appended to this Order, and on the proposed elimination of the intervenor compensation fund must be filed and served on the updated service list on or before July 5, 2006. Reply comments must be filed and served on or before July 17, 2006. The comment period may be extended by a ruling of the assigned Administrative Law Judge.
This order is effective today.
Dated April 27, 2006, at San Francisco, California.
MICHAEL R. PEEVEY
President
GEOFFREY F. BROWN
DIAN M. GRUENEICH
JOHN A. BOHN
RACHELLE B. CHONG
Commissioners
APPENDIX A
Proposed Rules Amendments to Article 18.1 of the
Commission's Rules of Practice and Procedure
76.73. (Rule 76.73) Costs on Rehearing4
The customer may include, in its request for an award of compensation, reasonable advocate's fees, reasonable expert witness fees, and other reasonable costs incurred as a result of an application for rehearing.
Note: Authority cited: Section 1701, Public Utilities Code. Reference: Section 1804, Public Utilities Code.
76.74. (Rule 76.74) Filing a Notice of Intent in Certain Cases; Revised Notices of Intent
(a) A notice of intent to claim compensation may be filed:
(i) in a proceeding in which there has been a preliminary determination that hearing is needed, any time after the start of the proceeding until 30 days after the prehearing conference.
(ii) in a proceeding in which there has been a preliminary determination that hearing is not needed, any time after the start of the proceeding until 30 days after the time for filing responsive pleadings (e.g., protests, responses, answers, or comments).
(iii) in a petition for rulemaking, any time after the petition is filed until 30 days after the time for filing responses. If the petitioner intends to request compensation, the petition itself may include a notice of intent.
(iv) in a proceeding In cases where no prehearing conference is scheduled or where the Commission anticipates that the proceeding will take less than 30 days, the administrative law judge may establish a deadline for filing a notice of intent.
(b) In cases where parties cannot reasonably identify issues within the time set by statute or by the administrative law judge's ruling under subsection (a) for the filing of the notice of intent, or where new issues emerge after the time set for filing, the administrative law judge may specify an appropriate procedure for accepting new or revised notices of intent.
(b) An amended notice of intent may be filed within 15 days after the issuance of the scoping memo in the proceeding.
(c) The notice of intent shall identify all issues on which the intervenor intends to participate and seek compensation, and shall separately state the expected budget for participating on each issue. The notice of intent may include a category of general costs not attributable to a particular issue.
(d) The notice of intent shall provide either (1) verification of the intervenor's customer status pursuant to Pub. Util. Code Section 1804(b)(1)(A) or (B), or (2) a copy of articles of incorporation or bylaws demonstrating the intervenor's customer status pursuant to Pub. Util. Code
Section 1804(b)(1)(C). If current articles or bylaws have already been filed with the Commission, the notice of intent need only make a specific reference to such filings.
(e) The notice of intent shall state the intervenor's economic interest in the proceeding, as that interest relates to the issues on which the intervenor intends to participate.
(f) An intervenor who intends to request compensation for costs of judicial review to subsection (a) shall file a supplemental notice of intent within 30 days after the commencement of any judicial review proceeding. The supplemental notice of intent shall identify the issues upon which the intervenor intends to participate in judicial review, and an itemized estimate of the compensation that the intervenor expects to request by reference to those identified issues. If the intervenor intends to support the Commission's decision on review, the supplemental notice of intent shall include a showing of why the intervenor expects that its participation in judicial review will supplement, complement or contribute to the Commission's defense of its decision.
Note: Authority cited: Sections 1701 and 1804, Public Utilities Code. Reference: Section 1804, Public Utilities Code.
76.75. (Rule 76.75) Replies to Responses to Requests for an Award of Compensation, Reply to Responses
(a) The request for compensation shall identify each issue resolved by the Commission for which the intervenor claims compensation, and shall specify the pages, findings, conclusions and/or ordering paragraphs in the Commission decision which resolve the issue.
(b) The request for compensation shall include time records of hours worked that identify:
(1) the name of the person performing the task;
(2) the specific task performed;
(3) the issue that the task addresses, as identified by the intervenor; and
(4) the issue that the task addresses, as identified by the scoping memo, if any.
(c) The request for compensation shall itemize each expense for which compensation is claimed.
(d) The request for compensation may include reasonable costs of participation in the proceeding that were incurred prior to the start of the proceeding.
(e) The request for compensation may include reasonable advocate's fees, reasonable expert witness fees, and other reasonable costs incurred as a result of an application for rehearing.
(f) If the proceeding involved multiple intervenors, the request for compensation shall include a showing that the participation materially supplemented, complemented, or contributed to the presentation of any other party with similar interests.
(g) If the Commission staff or any other party files a response to a customer's request for an award of compensation, the customer may file a reply within 15 days after service of the response.
Note: Authority cited: Section 1701, Public Utilities Code. Reference: Section 1804, Public Utilities Code.
(END OF APPENDIX A)
APPENDIX B
Service List
Service List in R.05-07-015
************ APPEARANCES ************ |
Patrick Rosvall |
Andrew L. Niven |
Valerie J. Ontiveroz |
********** STATE EMPLOYEE *********** |
James Ozenne
|
Stephen Goodman |
(END OF APPENDIX B)
4 Rule 76.73 is reflected, with minor modifications, in proposed Rule 76.75(d), below.
