To ensure compliance with California law, effective August 1, 2013, the Commission will require intervenors to provide (1) information concerning any conflicts of interest, as defined by Public Utilities Code §1802.3, and (2) additional information concerning attorney experience and qualifications.
The Intervenor Compensation Program Guide and Instructions, and the standardized forms (i.e., the Notice of Intent to claim compensation (NOI) and the Intervenor Compensation Claim and Decision (Decision) forms) have been revised to reflect these changes. Intervenors are strongly encouraged to immediately begin using the revised forms (now available on the Intervenor Compensation Program website) to file NOIs or claims on or after August 1, 2013. NOIs or claims filed on or after August 1, 2013 that fail to provide the additional required information will be deemed incomplete.
Change to the Standardized NOI Form - Conflict of interest, as defined by §1802.3
Part 1, Section B of the standardized NOI Form is revised and requires intervenors to indicate whether they have a conflict of interest, as defined by Public Utilities Code §1802.3.
Public Utilities Code § 1802.3 makes ineligible for an award of compensation a representative of a group representing the interests of small commercial customers who receive bundled electric service from an electrical corporation if the representative has a conflict arising from prior representation before the commission. This conflict may not be waived.
The purpose of § 1802.3 is to prohibit compensation to an intervenor representing small business customers in a proceeding where the interests of various ratepayer classes (residential, commercial, industrial, etc.) diverge, if the intervenor has previously represented another (different) ratepayer class before the Commission. For example, an intervenor that represented all business (i.e., small, medium, large businesses) customers in a revenue requirement proceeding is not eligible for compensation in a subsequent rate design proceeding for representing only small business customers against the interests of residential or large business customers. In addition, an intervenor cannot receive intervenor compensation if it previously represented ratepayer interests that would not qualify the intervenor for compensation (i.e., large business customers).
Change to the Standardized Decision Form – Additional Information concerning attorney experience and qualifications
Intervenors must provide additional information concerning attorney experience and qualifications to assist the Commission in determining appropriate hourly rates. Part III.B (Section 17) of the standardized Decision Form is revised and requires intervenors to provide additional information for attorneys, including the date an attorney was admitted to the State Bar of California (BAR), the attorney’s BAR member number and whether there are any actions which would affect an attorney’s eligibility.