3 AAC 48.115 - Compensation for consumer participation
(a) Unless an
alternative means of compensation is provided as described in (g) of this
section, an electric consumer who participates in a commission proceeding
either as an intervenor or as a public witness, and who substantially
contributes to the acceptance, in whole or in part, of a position related to
any of the standards contained in Title I, Subtitle B of the Public Utility
Regulatory Policies Act of 1978 ( P.L. 95 - 617), as applied to the consumer's
utility, will, in the commission's discretion, be compensated for reasonable
costs of preparing and advocating that position.
(b) At least 10 days before the beginning of
a hearing in which the commission considers any of the standards contained in
Title I, Subtitle B, an electric consumer who desires compensation shall file a
written statement which includes
(1) notice
of intent to request compensation for participation;
(2) the name of the electric utility which
serves the consumer; and
(3) a
description of the consumer's interest and expected participation in the
proceeding.
(c) If any
of these electric consumers share the same or similar interests, the commission
may appoint a common representative as a condition to the consumers receiving
compensation.
(d)
(1) The commission will name in its final
order in the proceeding any electric consumer who substantially contributed to
the approval by the commission, in whole or in part, of the consumer's
position.
(2) Within 15 days after
this order is issued, an electric consumer whom the commission qualifies for
compensation shall file with the commission and serve on the affected utility a
memorandum of costs. If participation in the proceeding has caused the consumer
significant financial hardship, the consumer may describe the circumstances of
hardship in the memorandum.
(3)
Within 15 days after filing the memorandum of costs, the affected utility may
file with the commission and serve on the consumer a response.
(4) Based on the results of the consumer's
participation, the utility's response, and, where relevant, the consumer's
financial circumstances, the commission will award by written order, the fees
and costs it finds reasonable.
(5)
If an electric consumer whom the commission qualifies for compensation
participates in an appeal of this order, that consumer may file with the
commission and serve on the affected utility a memorandum of appeal costs
within 15 days of the issuance of the court order which finally adjudicates the
appeal. The procedures established in paragraphs (3) and (4) of this subsection
and (f) of this section apply for compensation for appeal costs.
(e) The commission will, in its
discretion, compensate an electric consumer for the following fees and costs:
(1) reasonable attorney fees;
(2) reasonable expert witness fees;
and
(3) reasonable costs incurred
in the preparation and advocacy of the consumer's position, including costs of
obtaining judicial review.
(f) The affected electric utility shall pay
the consumer the amount awarded within 45 days after the issuance of the
commission's order awarding costs.
(g) Subsections (a) - (f) of this section do
not apply if the state or the commission has provided an alternative means of
compensating persons who cannot afford to pay reasonable costs of preparing and
advocating a position and who have, or represent, an interest
(1) not otherwise adequately represented in
the proceeding; and
(2) necessary
for a fair determination in the proceeding.
(h) This section applies to an electric
consumer of a regulated electric utility subject to Title I of the Public
Utility Regulatory Policies Act of 1978 (a public utility whose sales of
electric energy, for purposes other than resale, during any calendar year after
1975 and before the immediately preceding calendar year, exceeded 500 million
kilowatt-hours).
(i) In this
section
(1) "electric consumer" means any
person to whom electric energy is sold, other than for purposes of resale, by a
public utility;
(2) "memorandum of
costs" or "memorandum of appeal costs" means an itemized list of work and
services performed with associated costs, expenses, and fees, documented by
invoices and by time sheets marked in no less detail than 15-minute
intervals;
(3) "public witness"
means a person who presents an oral or written statement, comment, argument, or
draft revision to a proposed regulation, in a proceeding conducted by the
commission;
(4) "reasonable fee or
cost" means a range, the upper end of which is the fee or cost based on the
prevailing market rates in Alaska for the kind and quality of service provided,
and the lower end of which is the fee or cost based on the prevailing market
rates in the contiguous United States for the kind and quality of service
provided; and
(5) "same or similar
interests" means identical or like concerns, circumstances, or legal rights,
similarly affected by the commission's consideration of a specific regulation
or standard.
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