MLC/tcg 10/19/2001
BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA
In the Matter of the Application of San Diego Gas & Electric Company (U 902-E) for a Certificate Of Public Convenience & Necessity Valley-Rainbow 500kV Inter-Connect Project.
Application 01-03-036
(Filed March 23, 2001)
ADMINISTRATIVE LAW JUDGE'S RULING
REGARDING NOTICES OF INTENT TO SEEK COMPENSATION
On August 6, 2001, Antelope-Menifee Rural Center (Rural Center), joined by Menifee Valley Community Economic Development Council (CEDCO)1, jointly referred to as Menifee, moved for acceptance of a late-filed Notice of Intent (NOI) to claim compensation for participation in this proceeding. Menifee's NOI is prepared and submitted pursuant to Pub. Util. Code § 1801 et seq. and Rule 76.71 et seq. of the Commission's Rules of Practice and Procedure.2 On August 21, 2001, San Diego Gas & Electric Company (SDG&E) filed a response to the NOI. On August 31, 2001, Menifee filed a reply.
As required by § 1804(b)(1), and in consultation with the Assigned Commissioner, I preliminarily rule that Menifee are customers eligible for an award of compensation, that they have met the significant financial hardship test, and are eligible for compensation in this proceeding.
1. Timeliness
Section 1804(a)(1) provides that an NOI must be filed and served within 30 days after the prehearing conference (PHC), unless no PHC is held or the proceeding is expected to be completed in less than 30 days. A PHC in this case was held on June 21, 2001, and Menifee filed its NOI 16 days after the statutory deadline. SDG&E argues that the Commission should reject the NOI because it is untimely.
In its motion, Menifee notes that at the PHC, the attorney representing Rural Center indicated that she would be seeking authorization from the Board of Directors for the Rural Center regarding the level of involvement in the case. Authorization to become an active party was not secured until July 13, 2001, at the first meeting of the Board of Directors following the PHC. However, prior to filing its NOI, Rural Center also explored whether local governmental representatives would be participating in the case and would be able to represent the interests of the Rural Center. On July 24, 2001, Rural Center learned that local government officials did not take a position on the Valley-Rainbow project in the Menifee Valley area, despite Rural Center's request that they do so, and thus would not represent Rural Center's interest. On August 4, 2001, CEDCO's Board of Directors voted to join with Rural Center to participate in this case. Menifee considers that these circumstances should excuse its lateness in filing the NOI.
There is no prejudice to parties of the 16-day delay in filing Menifee's NOI. The delay had no impact on the schedule for this proceeding. In contrast, as Menifee points out, SDG&E recently sought a delay for its prepared testimony. We note that at least Rural Center received authorization from its member organizations several days before the NOI deadline. On the other hand, its efforts to coordinate resources, and to determine if local government officials would represent their position, were reasonable and consistent with the legislative intent that intervenor compensation be awarded only for participation that is productive and "necessary for a fair determination" of the issues. (See § 1801.3(f).) Therefore, we will not reject Menifee's NOI out of hand, as suggested by SDG&E, but will grant Menifee's motion for acceptance of the late-filed NOI and consider the NOI on the merits.
1 CEDCO did not appear at the June 21, 2001 prehearing conference, and thus does not have appearance status. I will consider the filing at issue to also be a petition to intervene, and grant CEDCO appearance status.
2 Unless otherwise indicated, all subsequent citations to code sections refer to the Public Utilities Code, and all subsequent citations to rules refer to the Rules of Practice and Procedure, which are codified at Chapter 1, Division 1 of Title 20 of the California Code of Regulations.
