5. Substantial Contribution to Resolution of Issues

As a basis for receiving intervenor compensation, UCAN must show that it made a "substantial contribution" to the resolution of issues in the proceeding. Per § 1802(h), a "substantial contribution" means that, in the judgment of the Commission, a party's presentation has substantially assisted the Commission in making its decision by there adopting one or more factual contentions, legal contentions, or policy or procedural recommendations presented by the party.

A party may make a substantial contribution in one of several ways.² It may offer a factual or legal contention upon which the Commission relied in making a decision,³ or it may advance a specific policy or procedural recommendation that the ALJ or Commission adopted.⁴

As evidence that it made a substantial contribution to D.00-12-058, UCAN points to the Joint Recommendation (JR) to the Commission (Exh. 22). The JR was the product of a settlement among a number of parties, including UCAN, and presented recommendations to the Commission regarding marginal cost and cost allocation issues, as well as throughput/revenue and indexing issues. In addition to being one of the sponsors of the JR, UCAN had presented independent testimony (Exh. 15) in preparation for evidentiary hearings. UCAN states that all of its recommendations were adopted by the settling parties. UCAN also entered into a collateral settlement recommendation with Western Manufactured Housing Communities Association and SDG&E to resolve treatment of mobile home park residents in master meter disputes.

We agree that UCAN has made a substantial contribution to D.00-12-058 in its presentation of independent testimony and its supporting sponsorship of the JR. UCAN's testimony developed recommendations regarding marginal cost and cost allocation issues, as well as throughput/revenue and indexing issues that were incorporated into the JR. These recommendations were adopted by the Commission in D.00-12-058.