C.2. Customer Status
AECA does not state whether it claims in this proceeding to be a customer in Category 1, 2 or 3. It does state, however, that it is an incorporated nonprofit association registered with the State of California authorized by its articles of incorporation and bylaws to represent and advocate the interests of agricultural customers of electrical and gas utilities in California. Further, it states that it "has been found eligible as a Category 2 customer on numerous occasions before this commission...and has been awarded compensation on at least four separate occasions..." (AECA NOI, page 2.)
The majority of AECA's members are direct customers of PG&E. Its members include individual producers, processors, produce cooling operations, agricultural water agencies and member agricultural associations. These members authorize AECA via the organization's bylaws to represent them, including before the Commission.8 As a result, this ruling finds that AECA is a Category 2 customer for purposes of this proceeding. That is, AECA "is a representative who has been authorized by actual customers to represent them." (Intervenor Compensation Program Guide, page 4.) If AECA seeks its eligibility on the basis of either Category 1 or 3, AECA must file a supplemental NOI to show why and how it qualifies for another category.
Further, AECA states that it "is not seeking eligibility...for its water district customers." (AECA NOI, page 6.) Accordingly, eligibility is not found for such customers, and AECA is neither a Category 1, 2 nor 3 customer for water district customers. Any subsequent request for compensation by AECA should identify the percentage of its membership that is water district customers, and exclude its costs of representing those customers.
Finally, AECA states: "AECA remains primarily a group of individual customers and only seeks eligibility for its individual customer members..." (AECA NOI, page 6, emphasis in original.) Accordingly, eligibility as a Category 2 customer is found only for AECA's individual customer members. Any subsequent request for compensation by AECA should only include costs for representing individual customer members, and exclude all costs for representing customers other than individual customer members. As part of this showing, AECA must clearly state the percent of its membership that is individual members so the Commission may consider affirming, updating or adjusting the previously adopted compensation factor of 61.6%. Failure to make a convincing showing on the appropriate percentage may result in delay or denial of a future compensation award.
8 AECA's specific purpose "is to improve agricultural conditions by...participation and intervention in governmental proceedings affecting agricultural use of energy and the cost of energy to agriculture in the State of California." (AECA Bylaws, Article III, Section 1.)
