Eligibility for costs
Section 3.1 of Rule 022 currently provides that the Commission may award costs to an intervener or a group of utility customers that has a substantial interest in the subject matter of a proceeding and who does not have the means to raise sufficient financial resources to enable the intervener to present its interest adequately in the proceeding.
Section 4 provides a list of types or classes of interveners that are ineligible to claim costs unless the Commission orders otherwise.
- Should eligibility for interveners and utility customer groups be expanded or reduced beyond the financial need criterion in Section 3.1?
- If so, what change(s) should be made and why?
- Should the list of ineligible interveners in Section 4 be changed?
- If so, what change(s) should be made and why?
- Does the current system allow costs awards to parties representing substantially the same interests and therefore result in duplicative funding?
- If so, how is such duplication best addressed?
- In the interests of accountability and transparency, what should the Commission do to ensure intervention adequately and fairly represents customers who will be impacted by a particular application?
- For example, should eligibility for cost recovery by a customer group require a description of that group’s membership, governance structure and sources of funding?
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