Significant Financial Hardship

Even if Group Petitioners were to later establish that they are a "customer," they have not established "significant financial hardship" as a barrier to their participation in the proceeding. As set forth in § 1802(g), the relevant test for "significant financial hardship" depends on the type of "customer." Category 3 groups and organizations must show that the economic interest of individual members is small in comparison to the costs of participation. (D.98-04-059 at 651.)

The NOI filed by Group Petitioners seeks a finding of "significant financial hardship," but fails to adequately document the claim for any of its member organizations. In support of the request, Group Petitioners merely state in the NOI that the attached articles of incorporation establish "these are voluntary non-profit organizations" and (previously noted) that Skywest homeowner dues could not be used on this proceeding. This is inadequate.

Group Petitioners have not provided any documentation of their organizations' members' inability to pay the costs of participation. In order to make that finding, we would have to review the cost of participation and the average bills of the members of the organizations which Group Petitioners claim to represent. Therefore, Group Petitioners have not established significant financial hardship under the statute and are ineligible to claim intervenor compensation.