III. Requirements for Awards of Compensation
The intervenor compensation program, enacted in Pub. Util. Code §§ 1801-1812, requires California-jurisdictional utilities to pay the reasonable costs of an intervenor's participation if the intervenor makes a substantial contribution to the Commission's proceedings. The statute provides that the utility may adjust its rates to collect the amount awarded from its ratepayers. (Subsequent statutory references are to the Public Utilities Code unless otherwise indicated.)
All of the following procedures and criteria must be satisfied for an intervenor to obtain a compensation award:
1. The intervenor must satisfy certain procedural requirements including the filing of a sufficient notice of intent (NOI) to claim compensation within 30 days of the prehearing conference (PHC), or in special circumstances at other appropriate times that we specify. (§ 1804(a).)
2. The intervenor must be a customer or a participant representing consumers, customers, or subscribers of a utility subject to our jurisdiction. (§ 1802(b).)
3. The intervenor should file and serve a request for a compensation award within 60 days of our final order or decision in a hearing or proceeding. (§ 1804(c).)
4. The intervenor must demonstrate "significant financial hardship." (§§ 1802(g), 1804(b)(1).)
5. The intervenor's presentation must have made a "substantial contribution" to the proceeding, through the adoption, in whole or in part, of the intervenor's contention or recommendations by a Commission order or decision. (§§ 1802(i), 1803(a).)
6. The claimed fees and costs are reasonable (§ 1801), necessary for and related to the substantial contribution (D.98-04-059), comparable to the market rates paid to others with comparable training and experience (§ 1806), and productive (D.98-04-059).
For discussion here, the procedural issues in Items 1-4 above are combined, followed by separate discussions on Items 5-6.
Procedural Issues
The first PHC in this matter was held on October 28, 2004, and a second PHC on April 5, 2005. 280 Citizens, Kheifets, and CCAE have satisfied all the procedural requirements necessary to make their requests for compensation, as explained below.
280 Citizens filed its NOI on November 29, 2004, well before the second PHC. An assigned Administrative Law Judge (ALJ) ruling dated December 30, 2004 found that 280 Citizens is a customer pursuant to § 1802(b)(1)(C),2 and met the financial hardship condition pursuant to § 1802(g). 280 Citizens filed its request for compensation on March 27, 2006, within 60 days of D.06-01-042 being issued.3
Kheifets filed an NOI on December 3, 2004, well before the second PHC. A March 21, 2005 ALJ ruling found Kheifets to be a customer pursuant to § 1802(b)(1)(B), and that Kheifets had established significant financial hardship pursuant to § 1802(g). The March 21, 2005 ALJ ruling found Kheifets eligible to claim compensation. Kheifets filed her request for compensation on March 27, 2006, within 60 days of D.06-01-042 being issued.
CCAE timely filed an NOI on November 26, 2004. A December 30, 2004 ALJ ruling found CCAE to be a customer, pursuant to § 1802(b)(1)(C), and that CCAE had established significant financial hardship pursuant to § 1802(g). The December 30, 2004 ALJ ruling found CCAE eligible to claim compensation. On March 27, 2006, CCAE requested a two-week extension of time to file its request for compensation due to special circumstances. The assigned ALJ granted this request on March 29, 2006. On April 10, 2006, CCAE filed its request for compensation within the two-week extension period, and therefore its filing is timely.
2 All references are to the Pubic Utilities Code unless otherwise noted.
3 Due to an inability to access the internet service list, 280 Citizens amended its certificate of service on April 10, 2006.
