3. Procedural Issues

The first PHC in this proceeding was held on September 10, 2001. TURN timely filed its NOI on October 10, 2001. In its NOI, TURN asserted financial hardship.

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 its articles of incorporation or bylaws to represent the interests of residential or small business customers. On November 1, 2001, Administrative Law Judge (ALJ) Thomas ruled that TURN is a customer pursuant to § 1802(b)(1)(C), and meets the financial hardship condition, pursuant to § 1802(g).

TURN filed its request for compensation (TURN Request) on June 15, 2006, within 60 days of Rulemaking (R.) 06-04-010, our order that closed the subject rulemaking and carried over continuing energy efficiency program oversight.

On November 16, 2007, the Commission issued D.07-11-024 to provide guidance to parties seeking intervenor compensation for work performed in PRGs, PAGs and the Procurement Review Groups established for supply-side procurement. The decision specified that where an intervenor had a pending request for compensation that included work on these groups, the intervenor could supplement the pending request, as appropriate, to provide additional explanation or information discussing the application of the new guidelines to the pending request.⁸ Such supplements were to be filed and served no later than 30 days after the effective date of D.07-11-024 (i.e., no later than December 17, 2007). TURN filed a supplement to its request for compensation on December 10, 2007 (TURN Supplement).

In view of the above, we find that TURN has satisfied all the procedural requirements necessary to make its request for compensation in this proceeding.

⁸ D.07-11-024, OP 2.