4. Procedural Issues

The initial prehearing conference in this proceeding was held on April 28, 2005. TURN timely filed its NOI on May 26, 2005. In its NOI, TURN asserted financial hardship based upon the rebuttable presumption of eligibility pursuant to §1804(b)(1). No one challenged the presumption.

Section 1802(b)(1) defines a "customer as: A) a participant representing consumers, customers or subscribers of a utility; B) a representative who has been authorized by a customer; or C) a representative of a group or organization authorized pursuant to it articles of incorporation or bylaws to represent the interests of residential or small business customers.

On June 23, 2005, Administrative Law Judge (ALJ) John S. Wong ruled that TURN is a customer pursuant to § 1802(b)(1)(C). The ruling further determined that TURN met the financial hardship condition through the rebuttable presumption of eligibility, as provided for in §1804(b)(1), because TURN met the financial hardship requirement in another proceeding within one year of the commencement of this proceeding. (See ALJ Ruling dated July 27, 2004, in Rulemaking 04-04-003.) The June 23, 2005 ruling also found that TURN was eligible to file a claim for an award of compensation.

TURN filed its request for compensation on February 13, 2007, within 60 days of D.06-12-031 being issued. In view of the above, we affirm the ALJ's ruling and find that TURN has satisfied all the procedural requirements necessary to make its request for compensation in this proceeding.