AB 995, as introduced, Frazier. Public utilities: intervenor fees: customers.
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. Existing law authorizes an administrative law judge that is assigned to the proceeding in which intervenor compensation is sought to issue a ruling addressing issues raised by the notice of intent to claim compensation and to point out similar positions, areas of potential duplication in showings, unrealistic expectation for compensation, and any other matter that may affect the customer’s ultimate claim for compensation. Existing law authorizes a customer found to be eligible for compensation to file within 60 days of the issuance of a final order or decision of the Public Utilities Commission a request for an award.
This bill would revise the time period for a customer to file a request for an award to 30 days of the issuance of a final order or decision.
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
4this article shall, within 30 days after the prehearing conference
5is held, file and serve on all parties to the proceeding a notice of
6intent to claim compensation. In cases where no prehearing
7conference is scheduled or where the commission anticipates that
8the proceeding will take less than 30 days, the commission may
9determine the procedure to be used in filing these requests. In cases
10where the schedule would not reasonably allow parties to identify
11issues within the timeframe set forth above, or where new issues
12emerge subsequent to the time set for filing, the commission may
13determine an appropriate procedure for accepting new or revised
14notices of intent.
15(2) (A) The notice of intent to claim compensation shall include
16both of the following:
17(i) A statement of the nature and extent of the customer’s
18planned participation in the proceeding as far as it is possible to
19set it out when the notice of intent is filed.
20(ii) An itemized estimate of the compensation that the customer
21expects to request, given the likely duration of the proceeding as
22it appears at the time.
23(B) The notice of intent may also include a showing by the
24customer that participation in the hearing or proceeding would
25pose a significant financial hardship. Alternatively, such a showing
26shall be included in the request submitted pursuant to subdivision
27(c).
28(C) Within 15 days after service of the notice
of intent to claim
29compensation, the administrative law judge may direct the staff,
30and may permit any other interested party, to file a statement
31responding to the notice.
32(b) (1) If the customer’s showing of significant financial
33hardship was included in the notice filed pursuant to subdivision
34(a), the administrative law judge, in consultation with the assigned
35commissioner, shall issue within 30 days thereafter a preliminary
36ruling addressing whether the customer will be eligible for an
37award of compensation. The ruling shall address whether a showing
38of significant financial hardship has been made. A finding of
P3 1significant financial hardship shall create a rebuttable presumption
2of eligibility for compensation in other commission proceedings
3commencing within one year of the date of that finding.
4(2) The administrative law judge may, in any event, issue
a
5ruling addressing issues raised by the notice of intent to claim
6compensation. The ruling may point out similar positions, areas
7of potential duplication in showings, unrealistic expectation for
8compensation, and any other matter that may affect the customer’s
9ultimate claim for compensation. Failure of the ruling to point out
10similar positions or potential duplication or any other potential
11impact on the ultimate claim for compensation shall not imply
12approval of any claim for compensation. A finding of significant
13financial hardship in no way ensures compensation. Similarly, the
14failure of the customer to identify a specific issue in the notice of
15intent or to precisely estimate potential compensation shall not
16preclude an award of reasonable compensation if a substantial
17contribution is made.
18(c) Following issuance of a final order or decision by the
19commission in the hearing or proceeding, a customer who has been
20found, pursuant to
subdivision (b), to be eligible for an award of
21compensation may file withinbegin delete 60end deletebegin insert 30end insert days a request for an award.
22The request shall include at a minimum a detailed description of
23services and expenditures and a description of the customer’s
24substantial contribution to the hearing or proceeding. Within 30
25days after service of the request, the commission staff may file,
26and any other party may file, a response to the request.
27(d) The commission may audit the records and books of the
28customer to the extent necessary to verify the basis for the award.
29The commission shall preserve the confidentiality of the customer’s
30records in making its audit. Within 20 days after completion of
31the audit, if any, the commission shall direct that an audit report
32shall be
prepared and filed. Any other party may file a response
33to the audit report within 20 days thereafter.
34(e) Within 75 days after the filing of a request for compensation
35pursuant to subdivision (c), or within 50 days after the filing of an
36audit report, whichever occurs later, the commission shall issue a
37decision that determines whether or not the customer has made a
38substantial contribution to the final order or decision in the hearing
39or proceeding. If the commission finds that the customer requesting
40compensation 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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