Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 288 - UTILITY RATE CASE EXPENSE AND CONSUMER INTERVENOR COMPENSATION FUND › Subpart A - GENERAL PROVISIONS › Section 288.20 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
"Act" means the Illinois Public Utilities Act [220 ILCS
				  5  ].
"Administrator" means the
person or entity
independent of the Commission and
chosen
by the Commission
through a competitive bid process
who is
responsible
				  for the prudent management of the Consumer Intervenor Compensation Fund and for
				  recommendations for the award of consumer intervenor compensation from the
				  Fund
. [220 ILCS 5/9-229(b)(7)(A)  ]
"Commission" means the Illinois Commerce Commission.
"Consumer interest representative" or "CIR" means:
a residential utility customer or group of
				  residential utility customers represented by a not-for-profit group or
				  organization registered with the Illinois Attorney General under the
				  Solicitation of Charity Act
;
representatives of not-for-profit groups or
				  organizations whose membership is limited to residential utility customers;
				  or
representatives of not-for-profit groups or
				  organizations whose membership includes Illinois residents and that address the
				  community, economic, environmental, or social welfare of Illinois residents,
				  except government agencies or intervenors specifically authorized by Illinois
				  law to participate in Commission proceedings on behalf of Illinois
				  consumers.
[220 ILCS 5/9-229(b)(2)  ]
"Eligible costs" means costs incurred by a consumer interest
				  representative to represent residential consumer interests in a proceeding
				  before the Commission, including reasonable attorney's or advocate's fees,
				  reasonable expert witness fees, and other reasonable costs of preparation for
				  and participation in a hearing or proceeding, including reasonable compensation
				  for each advocate's, attorney's, or lay or expert witness's hours expended, and
				  other eligible costs for reimbursement, but specifically excluding expenses
				  related to travel or meals.
"Flat fee contract" means a contract between a public utility
				  and outside counsel or an outside technical expert by which the public utility
				  pays an agreed-upon amount, regardless of hours worked or billed.
"Fund" means the Consumer Intervenor Compensation Fund
				  created pursuant to Section 9-229(b) of the Act.
"Hourly rate contract" means a contract under which a public
				  utility agrees to compensate outside counsel or an outside technical expert
				  based on hourly rates multiplied by hours billed.
"Material recommendation" means any recommendation advanced
				  by a consumer interest representative for Commission action in testimony,
				  briefing, the presentation of facts in the evidentiary record, and evidence and
				  recommendations concerning expenses, investments, rate design, rate impact, or
				  other matters affecting the programs, plans, tariffs, policies, pricing, rates,
				  costs, charges, or other offerings associated with utility service, relating to
				  a significant issue in the docket as defined in this Section.
"Miscellaneous expenses" means expenses billed by an outside
				  counsel, outside technical expert, public utility affiliate counsel, or public
				  utility affiliate technical expert for costs including, but not limited to,
				  photocopying, travel, travel-related meals, and lodging, if the evidence
				  establishes that those costs were excluded from the agreement with the public
				  utility as compensation for the rate case at issue.
"Not-to-exceed contract" means a contract between a public
				  utility and outside counsel or an outside technical expert by which the public
				  utility agrees to compensate the outside counsel or outside technical expert at
				  an hourly rate for work billed, if there is a cap on the maximum amount that
				  may be paid out under the contract.
"Outside counsel" means an attorney that is not employed by
				  the public utility or any of its affiliates who is retained to prepare and
				  litigate a rate case filing subject to this Part on behalf of the public
				  utility.
"Outside counsel and outside technical expert compensation"
				  means costs subject to the Commission's specific assessment as to justness and
				  reasonableness, which include the following costs for which the public utility
				  seeks recovery as part of rate case expense in a rate case filing:
Outside counsel (attorney) fees, whether billed under an
				  hourly rate contract, a flat fee contract, a not-to-exceed contract, or some
				  other arrangement for compensation, including non-attorney support staff fees
				  and reimbursement of miscellaneous incidental expenses.
Outside technical expert fees, whether billed under an hourly
				  rate contract, a flat fee contract, a not-to-exceed provision, or some other
				  arrangement for compensation, support staff fees, and reimbursement of
				  miscellaneous expenses.
"Outside technical expert" means a consultant or other
				  professional who is not employed by the public utility or any of its affiliates
				  that is retained to testify as an expert witness on behalf of the public
				  utility or otherwise assist the public utility with the preparation or
				  litigation of a rate case filing.
"Significant financial hardship" means that a consumer
				  intervenor has incurred or will incur eligible costs as defined in this Section
				  and will be either unable or not reasonably able, without an award of
				  intervenor compensation, to participate in a Commission proceeding by offering
				  lay or expert testimony or legal briefing and argument concerning the expenses,
				  investments, rate design, rate impact, or other matters affecting the pricing,
				  rates, costs, or other charges associated with utility service.
"Significant issue in the docket" means an issue raised in a
				  docket which affects the expenses, investments, rate design, rate impact, or
				  other matters affecting the programs, plans, tariffs, policies, pricing, rates,
				  costs, charges, or other offerings associated with utility service.
"Support staff" means personnel performing functions under
				  the direction and supervision of outside counsel, outside technical experts,
				  public utility affiliate counsel, or public utility affiliate technical experts
				  in connection with a rate case filing subject to this Part, such as paralegals,
				  legal assistants or other non-attorney/non-technical expert staff whose time is
				  billed to the public utility in connection with a rate case filing.
"Time entry" means a contemporaneously generated document
				  that states the hours performed on a particular task, specifying the task
				  performed and:
the applicable hourly rate, in the case of hourly rate
				  billing or a contract with a not-to-exceed clause; or
the applicable estimated hourly rate, in the case of a flat
				  fee contract.
"Utility affiliate counsel" means an attorney employed by a
				  public utility affiliate who prepares and litigates a rate case filing subject
				  to this Part on behalf of the public utility.
"Utility affiliate counsel and support staff and utility
				  affiliate technical experts and support staff compensation" means costs subject
				  to the Commission's specific assessment as to justness and reasonableness,
				  which include the following costs for which the public utility seeks recovery
				  as part of rate case expense in a rate filing:
Expenses for utility affiliate counsel and related support
				  staff for services provided on a rate case pursuant to an affiliate agreement,
				  if the recovery of incentive compensation costs is excluded from rate case
				  expense;
Expenses for utility affiliate technical experts and related
				  support staff for services provided on the rate case pursuant to an affiliate
				  agreement, if the recovery of incentive compensation costs is excluded from
				  rate case expense.
"Utility affiliate technical expert" means a professional
				  employed by a public utility affiliate that is:
retained to testify as an expert witness on behalf of the
				  public utility or otherwise assist the public utility with the preparation or
				  litigation of a rate case filing; and
who is not a utility affiliate counsel as that term is
				  defined.