2. Discussion
Each group states that it has been recognized as a customer in one or more Commission proceedings. Moreover, TURN and AECA note that they have each been awarded intervenor compensation in prior Commission orders. No facts are presented here, or otherwise known, that would suggest a different conclusion regarding the eligibility of each group for purposes of intervenor compensation.
Moreover, each group presents the required information, even if not in the template format.3 The information is discussed and assessed for TURN, NRDC and AECA in Attachments A, B and C, respectively. No ruling is required for AECA at this time since AECA did not present its showing on significant financial hardship. (§ 1804(b)(1).) Nonetheless, the information provided by AECA is addressed in Attachment C, and preliminary conclusions are reached.
Thus, after consultation with the Assigned Commissioner, this ruling is the "preliminary ruling addressing whether the customer will be eligible for an award of compensation." (Pub. Util. Code § 1804(b)(1).)4 TURN and NRDC are each found eligible. AECA is not yet found eligible.
IT IS RULED that:
1. The Utility Reform Network (TURN) and Natural Resources Defense Council (NRDC) each:
a. is a customer for purposes of intervenor compensation (Category 3),
b. presented a satisfactory (i) statement of the nature and extent of its planned participation (although each should in the future consider referring to issues identified in the Scoping Memo), and (ii) itemization of an estimate of compensation it expects to request, and
c. has established by unrebutted presumption that its participation without an award of intervenor compensation would pose a significant financial hardship.
2. The Agricultural Energy Consumers Association (AECA):
a. is a customer for purposes of intervenor compensation (Category 2),
b. is a customer for this purpose only for individual customer members of AECA (not entities it may represent other than individual customer members),
c. presented a satisfactory (i) statement of the nature and extent of its planned participation (although it should in the future consider referring to issues identified in the Scoping Memo), and (ii) itemization of an estimate of compensation it expects to request (although AECA may have an unrealistic expectation of compensation),
d. has not established that its participation without an award of intervenor compensation would pose a significant financial hardship, and
e. shall in any subsequent request for compensation (i) address whether it represents customer interests that would otherwise be underrepresented, (ii) address the extent to which it avoided unproductive or unnecessary participation, and (iii) include data to enable the Commission to affirm, update, adjust or otherwise address the 61.6% compensation factor adopted for AECA in previous compensation awards.
3. The reasonableness of the hourly rates for personnel services stated in each Notice of Intent to Claim Compensation shall be addressed in the later request for compensation, if any, by TURN, NRDC and AECA.
4. TURN and NRDC are each eligible for an award of intervenor compensation. The exact amount of the award, if any, shall be determined based on the reasonableness of their request for award, and this ruling "in no way ensures compensation." (§ 1804(b)(2).) The Commission may audit the records and books of TURN, NRDC and/or AECA (if AECA is later found eligible and given an award) to the extent necessary to verify the basis of the award. (§ 1804(d).)
Dated October 21, 2004, at San Francisco, California.
/s/ BURTON W. MATTSON
Burton W. Mattson
Administrative Law Judge
ATTACHMENT A
NOTICE OF INTENT (NOI) OF
THE UTILITY REFORM NETWORK (TURN)
3 Each group should consider using the template for future NOIs.
4 All code references are to the Public Utilities Code unless otherwise noted.
