Customer Status
Group Petitioners do not meet the threshold test of eligibility for intervenor compensation because they did not establish that they are "customers" within the meaning of § 1802(b)(1). Three separate organizations comprise Group Petitioners and all must be "customers" for Group Petitioners to qualify as an intervenor eligible to request compensation. In the NOI, Group Petitioners assert they are a category 3 "customer" as described in § 1802(b)(1)(C), which is a representative of a "group or organization authorized pursuant to its articles of incorporation or bylaws to represent the interests of residential customers, or to represent small commercial customers who receive bundled electric service from an electrical corporation." However, the information provided with the NOI is insufficient to make that finding and, in fact, indicates that none of the organizations likely qualify.
For Skywest, the Articles of Incorporation state the "specific and primary purposes for which it is formed are to provide maintenance, preservation and architectural control of the residence Lots and Common Area .... and to promote the health, safety and welfare of the residents ...." None of the enumerated purposes or powers include advocacy for, or representation of, residential ratepayers in Commission proceedings. Group Petitioners even acknowledge that homeowner dues paid to Skywest are limited to uses "generally outside the scope of this proceeding." Thus, Skywest appears to lack any authority to represent ratepayers in this proceeding. Similarly, the Amended Articles of Incorporation for HAPA state the "specific purpose of this Corporation is to engage in developmental planning for the City of Hayward, California to balance environmental, economic, and social needs." This stated purpose does not include representation of the interests of residential or small commercial ratepayers in Commission proceedings. Finally, no articles of incorporation3 or by-laws were submitted for Calpilots, an organization described by Group Petitioners as aviators who are "residents of California who oppose paying higher utility rates in exchange for degradation of their local airports." (Motion to Seek Party Status at 3.) It is unknown how many members of Calpilots are residential or small commercial ratepayers in the area to be served by the electricity anticipated from the Amended Power Purchase Agreement (PPA). Moreover, the general subject of this proceeding is whether the terms and conditions of the amended PPA for the Russell City Energy Company Project (RCEC) are just and reasonable and does not include issues relating to use of local airports. Therefore, no authority is shown for Calpilots to represent affected ratepayers in this proceeding.
"The intervenor compensation program is intended to encourage participation of all customers in Commission proceedings by helping them overcome cost barriers to effective and efficient participation ... and only those particular customer interests that would otherwise be underrepresented should be compensated." (D.98-04-059 at 647.) Group Petitioners have not shown that their member organizations are authorized to represent ratepayers before the Commission nor have they shown that their participation would advance an underrepresented customer interest. Therefore, Group Petitioners do not qualify as a "customer" under the statute and are ineligible to claim intervenor compensation.
3 On January 20, 2009, counsel for Group Petitioners sent by email and regular mail a cover letter which claimed articles of incorporation for Calpilots had been inadvertently omitted from the NOI and were purportedly included with the letter. However, there was nothing included with the email and the subsequently received hard copy of the letter only included articles of incorporation for Skywest and HAPA.
