SB 766, as introduced, Morrell. Public Utilities Commission: intervenor fees: customers.
Under existing law, the Public Utilities Commission has regulatory authority over public utilities and can establish its own procedures, subject to statutory limitations or directions and constitutional requirements of due process. Existing law provides compensation for reasonable advocate’s fees, reasonable expert witness fees, and other reasonable costs to public utility customers, as defined, for participation or intervention in any proceeding of the commission. The public utility that is the subject of the hearing, investigation, or proceeding is required to pay these intervenor fees. Existing law requires a customer who intends to seek an award for intervenor fees to timely file and serve on all parties to the proceeding a notice of intent to claim compensation, containing specified information.
This bill would make a nonsubstantive change to the filing requirement.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 1804 of the Public Utilities Code is
2amended to read:
(a) (1) A customer who intends to seek an award under
2this article shall, within 30 days after the prehearing conference
3is held, file and serve on all parties to the proceeding a notice of
4intent to claim compensation. In cases where no prehearing
5conference isbegin delete scheduledend deletebegin insert scheduled,end insert or where the commission
6anticipates that the proceeding will take less than 30 days, the
7commission may determine the procedure to be used in filing these
8requests. In cases where the schedule would not reasonably allow
9parties to identify issues within the timeframe set forth above, or
10where new
issues emerge subsequent to the time set for filing, the
11commission may determine an appropriate procedure for accepting
12new or revised notices of intent.
13(2) (A) The notice of intent to claim compensation shall include
14both of the following:
15(i) A statement of the nature and extent of the customer’s
16planned participation in the proceeding as far as it is possible to
17set it out when the notice of intent is filed.
18(ii) An itemized estimate of the compensation that the customer
19expects to request, given the likely duration of the proceeding as
20it appears at the time.
21(B) The notice of intent may also include a showing by the
22customer that participation in the hearing or proceeding would
23pose a significant financial hardship.
Alternatively, such a showing
24shall be included in the request submitted pursuant to subdivision
25(c).
26(C) Within 15 days after service of the notice of intent to claim
27compensation, the administrative law judge may direct the staff,
28and may permit any other interested party, to file a statement
29responding to the notice.
30(b) (1) If the customer’s showing of significant financial
31hardship was included in the notice filed pursuant to subdivision
32(a), the administrative law judge, in consultation with the assigned
33commissioner, shall issue within 30 days thereafter a preliminary
34ruling addressing whether the customer will be eligible for an
35award of compensation. The ruling shall address whether a showing
36of significant financial hardship has been made. A finding of
37significant financial hardship shall create a rebuttable presumption
38of eligibility for
compensation in other commission proceedings
39commencing within one year of the date of that finding.
P3 1(2) The administrative law judge may, in any event, issue a
2ruling addressing issues raised by the notice of intent to claim
3compensation. The ruling may point out similar positions, areas
4of potential duplication in showings, unrealistic expectation for
5compensation, and any other matter that may affect the customer’s
6ultimate claim for compensation. Failure of the ruling to point out
7similar positions or potential duplication or any other potential
8impact on the ultimate claim for compensation shall not imply
9approval of any claim for compensation. A finding of significant
10financial hardship in no way ensures compensation. Similarly, the
11failure of the customer to identify a specific issue in the notice of
12intent or to precisely estimate potential compensation shall not
13preclude an award of reasonable compensation if a substantial
14contribution
is made.
15(c) Following issuance of a final order or decision by the
16commission in the hearing or proceeding, a customer who has been
17found, pursuant to subdivision (b), to be eligible for an award of
18compensation may file within 60 days a request for an award. The
19request shall include at a minimum a detailed description of
20services and expenditures and a description of the customer’s
21substantial contribution to the hearing or proceeding. Within 30
22days after service of the request, the commission staff may file,
23and any other party may file, a response to the request.
24(d) The commission may audit the records and books of the
25customer to the extent necessary to verify the basis for the award.
26The commission shall preserve the confidentiality of the customer’s
27records in making its audit. Within 20 days after completion of
28the audit, if any, the commission shall direct that an
audit report
29shall be prepared and filed. Any other party may file a response
30to the audit report within 20 days thereafter.
31(e) Within 75 days after the filing of a request for compensation
32pursuant to subdivision (c), or within 50 days after the filing of an
33audit report, whichever occurs later, the commission shall issue a
34decision that determines whether or not the customer has made a
35substantial contribution to the final order or decision in the hearing
36or proceeding. If the commission finds that the customer requesting
37compensation has made a substantial contribution, the commission
P4 1shall describe this substantial contribution and shall determine the
2amount of compensation to be paid pursuant to Section 1806.
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