BILL NUMBER: SB 521	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Bowen

                        FEBRUARY 20, 2003

   An act to amend Section 1802 of, and to add Section 1802.3 to, the
Public Utilities Code, relating to public utilities.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 521, as introduced, Bowen.  Public Utilities Commission:
intervenor fees and expenses.
   Existing law provides compensation for reasonable advocate's fees,
reasonable expert witness fees, and other reasonable costs to public
utility customers for participation or intervention in any
proceeding of the Public Utilities Commission.  Existing law defines
"customer" in part to include any representative of a group or
organization authorized pursuant to its articles of incorporation or
bylaws to represent the interests of residential electrical, gas,
telephone, telegraph, or water corporation customers.
   This bill would also include within the definition of "customer"
any representative of a group or organization authorized pursuant to
its articles of incorporation or bylaws to represent the interests of
small commercial customers who receive bundled electric service from
an electrical corporation. The bill would prohibit a representative
of a group representing the interests of small commercial customers
who receive bundled electric service from an electrical corporation
from being eligible for an award of compensation if the
representative has a conflict arising from prior representation
before the commission.
   Vote:  majority.  Appropriation:  no.  Fiscal committee:  yes.
State-mandated local program:  no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 1802 of the Public Utilities Code is amended to
read:
   1802.  (a) "Compensation" means payment for all or part, as
determined by the commission, of reasonable advocate's fees,
reasonable expert witness fees, and other reasonable costs of
preparation for and participation in a proceeding, and includes the
fees and costs of obtaining an award under this article and of
obtaining judicial review, if any.
   (b) "Customer" means any participant representing consumers,
customers, or subscribers of any electrical, gas, telephone,
telegraph, or water corporation that is subject to the jurisdiction
of the commission; any representative who has been authorized by a
customer; or any representative of a group or organization authorized
pursuant to its articles of incorporation or bylaws to represent the
interests of residential customers,  or small commercial
customers who receive bundled electric service from an electrical
corporation,  but does not include any state, federal, or local
government agency, any publicly owned public utility, or any entity
that, in the commission's opinion, was established or formed by a
local government entity for the purpose of participating in a
commission proceeding.
   (c) "Expert witness fees" means recorded or billed costs incurred
by a customer for an expert witness.
   (d) "Other reasonable costs" means reasonable out-of-pocket
expenses directly incurred by a customer that are directly related to
the contentions or recommendations made by the customer that
resulted in a substantial contribution.
   (e) "Party" means any interested party, respondent public utility,
or commission staff in a hearing or proceeding.
   (f) "Proceeding" means an application, complaint, or
investigation, rulemaking, alternative dispute resolution procedures
in lieu of formal proceedings as may be sponsored or endorsed by the
commission, or other formal proceeding before the commission.
   (g) "Significant financial hardship" means either that the
customer cannot afford, without undue hardship, to pay the costs of
effective participation, including advocate's fees, expert witness
fees, and other reasonable costs of participation, or that, in the
case of a group or organization, the economic interest of the
individual members of the group or organization is small in
comparison to the costs of effective participation in the proceeding.

   (h) "Substantial contribution" means that, in the judgment of the
commission, the customer's presentation has substantially assisted
the commission in the making of its order or decision because the
order or decision has adopted in whole or in part one or more factual
contentions, legal contentions, or specific policy or procedural
recommendations presented by the customer.  Where the customer's
participation has resulted in a substantial contribution, even if the
decision adopts that customer's contention or recommendations only
in part, the commission may award the customer compensation for all
reasonable advocate's fees, reasonable expert fees, and other
reasonable costs incurred by the customer in preparing or presenting
that contention or recommendation.
  SEC. 2.  Section 1802.3 is added to the Public Utilities Code, to
read:
   1802.3.  A representative of a group representing the interests of
small commercial customers who receive bundled electric service from
an electrical corporation shall not be eligible for an award of
compensation pursuant to this article if the representative has a
conflict arising from prior representation before the commission.
This conflict may not be waived.