Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 840 - INTERVENOR FUNDING › Section 407-840-7 - INTERVENOR FUNDING AMOUNT DETERMINATION

Current through 2024-29, July 17, 2024
A.
Full Intervenor Contribution
. The Commission shall determine for
				each issue for which an award is sought whether the intervenor's position
				substantially contributed to the Commission's adoption of any position
				advocated by the intervenor, except if no advocacy staff has been assigned,
				whether the intervenor contributed substantially to the conduct of the
				proceeding and assisted in the resolution of the issues raised in the
				proceeding. The Commission, in its order, shall specify the amount of funding
				to be awarded.
B.
Partial
				Intervenor Contribution
. If the Commission determines that the
				intervenor's presentation substantially contributed to only a portion of the
				position adopted by the Commission or the conduct of the proceeding and
				resolution of the proceeding, the award of compensation shall be limited to the
				allowable fees and expenses incurred in preparing and advocating that position.
				The Commission's award of compensation shall consist only of those fees and
				expenses that, if paid by the intervenor, would result in a substantial
				financial hardship in the absence of the award of compensation, regardless of
				whether such award totally reimburses the intervenor for all fees and expenses
				owed and incurred as a result of the presentation of the issues for which the
				award is made.
C.
Consolidated Presentation
. If the Commission has ordered a
				consolidated presentation in accordance with section
				5(A)(2) of this rule,
				where all intervenors so consolidated are seeking compensation, and an award is
				found appropriate for that consolidated presentation, the award shall be
				limited to the allowable fees and expenses of the common legal representative
				and the allowable fees and expenses of any expert witness who testified in
				support of that presentation. If the Commission has ordered a consolidated
				presentation, but one or more intervenors so consolidated is not seeking an
				award and such award is otherwise appropriate for that consolidated
				presentation, the award shall be limited to the allowable fees and expenses of
				the common legal representative if that representative was originally retained
				or employed by a intervenor seeking an award of compensation, and the allowable
				fees and expenses of any expert witness who testified in support of the
				presentation and who was originally retained or employed by an intervenor
				seeking an award of compensation.
D.
Timing of Award
. The
				Commission shall make its final determination of the amount of intervenor
				funding within thirty (30) days of the intervenor filing a Final Claim under
				section
				6 of this rule.
E.
Review of a Denial for Intervenor
				Funding
. Upon a final determination of the amount of compensation, the
				intervenor may petition for reconsideration of the decision within twenty (20)
				days after entry of the final order, pursuant to Chapter 110
				§11(D).