5. Substantial Contribution to Resolution of Issues

A party may make a substantial contribution to a decision in one of several ways. ² It may offer a factual or legal contention upon which the Commission relied in making a decision,³ or it may advance a specific policy or procedural recommendation that the ALJ or Commission adopted.⁴ A substantial contribution includes evidence or argument that supports part of the decision even if the Commission does not adopt a party's position in total.⁵

This case presents a situation in which Intervenor commenced participation in a proceeding, but the underlying application was dismissed before the Commission reached a decision on any of the issues in the case. As stated in D.00-09-052, the Application was dismissed because Applicant requested dismissal. The Commission did not rely upon any factual, legal, or policy recommendations of Intervenor or any other party when it issued D.00-09-052. In its written request for dismissal, Applicant did not provide information as to its motive in seeking dismissal. Because the Commission did not rely upon any positions advanced by Intervenor in D.00-09-052, there is no basis for concluding that Intervenor made a substantial contribution to that decision. The statutory framework that establishes the intervenor compensation program does not provide for compensation of an intervenor whose participation did not substantially assist the Commission in the making of its order or decision.

In concluding that Intervenor has failed to meet the "substantial contribution" requirement under the statutory framework, we do not intend to suggest that Intervenor's participation did not influence Applicant to seek an order of dismissal. We reach no conclusion on that issue, which is not relevant to our determination. Our decision is determined by the statutory requirements set forth by the Legislature when it established the intervenor compensation program.