III. Procedural Issues

The prehearing conference in this matter was held on March 6, 2002. TURN timely filed its NOI on April 5, 2002. In its NOI, TURN asserted financial hardship. On April 30, 2002, Administrative Law Judge (ALJ) Kenney ruled that TURN is a customer pursuant to § 1802(b)(1)(C), and met the financial hardship condition, pursuant to § 1804(b)(1), through a rebuttable presumption of eligibility because TURN met this requirement in another proceeding within one year of the commencement of this proceeding (ALJ Ruling dated December 29, 2000, in Application 00-09-002). TURN filed its request for compensation on November 30, 2004, within the required 60 days of D.04-09-061 being issued.⁵

While TURN did not file its request within 60 days of the previous decisions, TURN's actions were proper because the intervenor compensation statute does not require a request for compensation until 60 days after the final decision in a proceeding. This case has recently been closed (D.06-05-024); however, TURN's request is permissible under Rule 76.72 of our Rules of Practice and Procedure. It would also be more difficult for TURN financially, and for the Commission logistically, to wait until the proceeding finally closes to deal with compensation issues. We prefer to rule on the compensation claims TURN has accrued thus far, and to handle future claims when TURN submits them. We find that TURN has satisfied all the procedural requirements necessary to make its request for compensation.

⁵ No party opposes the request. ORA supports the request.