Article 18.8.  Compensation of Intervenors

76.71. (Rule 76.71)  In General

Compensation for participation or intervention in Commission proceedings is governed by the provisions of Division 1, Part 1, Chapter 9, Article 5 (beginning with Section 1801) of the Public Utilities Code.

76.72. (Rule 76.72) Final Order or Decision

For purposes of this article, "final order or decision" means an order or decision that resolves an issue on which the customer believes it made a substantial contribution or the order or decision closing the proceeding.  If an application for rehearing challenges a decision on an issue on which the customer believes it made a substantial contribution, the "final order or decision" on that issue means the order or decision denying rehearing on that issue, the order or decision that resolves that issue after rehearing, or the order or decision closing the proceeding.

Note: Authority cited: Section 1701, Public Utilities Code. Reference: Section 1804, Public Utilities Code.

76.73. (Rule 76.73)  Costs on Rehearing

The customer may include, in its request for an award of compensation, reasonable advocate's fees, reasonable expert witness fees, and other reasonable costs incurred as a result of an application for rehearing.

Note: Authority cited: Section 1701, Public Utilities Code. Reference: Section 1804, Public Utilities Code.

76.74. (Rule 76.74)  Filing a Notice of Intent in Certain Cases; Revised
Notices of Intent

(a) In cases where no prehearing conference is scheduled or where the Commission anticipates that the proceeding will take less than 30 days, the administrative law judge may establish a deadline for the filing of notices of intent.

(b) In cases where parties cannot reasonably identify issues within the time set by statute or by the administrative law  judge's ruling under subsection (a) for the filing of the notice of intent, or where new issues emerge after the time set for filing, the administrative law judge may specify an appropriate procedure for accepting new or revised notices of intent.

Note: Authority cited: Sections 1701 and 1804, Public Utilities Code.

76.75. (Rule 76.75)  Replies to Responses to Requests for an Award of
Compensation

If the Commission staff or any other party files a response to a customer's request for an award of compensation, the customer may file a reply within 15 days after service of the response.

Note: Authority cited: Section 1701, Public Utilities Code. Reference: Section 1804, Public Utilities Code.

76.76. (Rule 76.76)  Eligibility in Phased Proceedings

A customer found eligible for an award of compensation in one phase of a proceeding remains eligible in later phases, including any rehearing, in the same proceeding.

Note: Authority cited: Section 1701, Public Utilities Code. Reference: Section 1804, Public Utilities Code.