A.4. Nature and Extent of Planned Participation
The NOI must include a statement of the nature and extent of the customer's planned participation as far as it is possible to set out when the NOI is filed. (§ 1804(a)(2)(A)(i).) TURN states that it anticipates being very active in this proceeding, and plans to submit testimony, participate in evidentiary hearings, file briefs, and submit comments on proposed decisions. TURN does not identify the issues it intends to address,6 but says that the extent of its involvement will depend upon the resources available to it at the time such involvement is required.
The intent of the Legislature is that the Commission administers the program in a manner to encourage effective and efficient participation, but avoid unproductive or unnecessary participation. (§§ 1801.3(b) and (f).) TURN points out that it will tailor its participation to ensure that its work serves to support and complement the work of other parties that share its positions, and avoid any undue duplication where possible.
TURN meets the requirement that it state the nature and extent of its planned participation as far as it is possible to set out when the NOI is filed. It also makes a reasonable assertion that it will minimize unproductive or unnecessary participation. In future NOIs, however, TURN should-as should each intervenor-identify the issues it intends to address in order to "help all parties to see whether others are planning to address the same issues." (Intervenor Compensation Program Guide, pages 6-7.) 7
6 The Commission requests that each intervenor in this section of its NOI "list the issues you intend to address in this proceeding, and briefly explain how you will address them." ("Intervenor Compensation Program Guide" prepared by the California Public Utilities Commission, January 2004, pages 6-7.)
7 For example, 32 issues are identified in the August 27, 2004 Scoping Memo and Ruling. When the Scoping Memo predates the filing of the NOI, the customer should identify the issues in the Scoping Memo that it intends to address, or in some other manner identify as specifically as possible the issues it intends to address.
