MD2/avs 1/23/2009
BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA
Application of Pacific Gas and Electric Company for Expedited Approval of the Amended Power Purchase Agreement for the Russell City Energy Company Project. (U39E) |
Application 08-09-007 (Filed September 10, 2008) |
ADMINISTRATIVE LAW JUDGE'S RULING GRANTING
MOTION BY GROUP PETITIONERS TO ACCEPT LATE FILING
OF NOTICE OF INTENT AND FINDING GROUP PETITIONERS ARE
NOT ELIGIBLE TO CLAIM INTERVENOR COMPENSATION
On December 12, 2008, California Pilots Association (Calpilots), Skywest Townhouse Homeowners Association (Skywest), and Hayward Area Planning Association (HAPA) jointly filed a "Motion for Order to Accept Late Motion for Party Status and Late Notice of Intent to Claim Intervenor Compensation by Group Petitioners" (Motion). On December 16, 2008, I issued a ruling that allowed Calpilots, Skywest, and HAPA, all currently active California non-profit corporations, to collectively be given party status as "Group Petitioners" in this proceeding. That ruling noted that no order was required to permit a "late-filed motion for party status" because a motion seeking party status may be filed anytime. This ruling addresses the Motion as it relates to late-filing of a Notice of Intent to Claim Intervenor Compensation (NOI).
Pursuant to Pub. Util. Code § 1804(a)(1)1 and Rule 17.1,2 a customer who intends to seek an award of intervenor compensation must file and serve a NOI within 30 days of the prehearing conference (PHC). In this proceeding, the PHC was held on October 29, 2008, so the last date to file a timely NOI was December 1, 2008 because November 28 was a Friday holiday. Group Petitioners explained their late submission of the NOI as a result of misplaced reliance on a member of one of their groups who was tasked to monitor this proceeding but apparently failed to do so. Counsel for Group Petitioners further explained that by the time she became aware of the deadline, it had passed. The Motion by Group Petitioners for order accepting their late-filed NOI is granted based on a showing of good cause for the late filing.
The Notice of Intent to
Claim Intervenor Compensation
In a series of emails and a mailing, Group Petitioners have provided a NOI with attachments to be filed if the Motion is granted. (Attachment A to this Ruling.) In the interest of efficient administration of this case, I will now consider the merits of the NOI as submitted.
1 All subsequent statutory references are to the Public Utilities Code unless otherwise indicated.
2 All references to "Rule" refers to the Commission's Rules of Practice and Procedure (September 2006.)
