1220-04-04-.52
Preliminary Determination Of Intervenor Eligibility
Cite as Tenn. Comp. R. & Regs. 1220-04-04-.52
(l)
An intervenor who wishes to be eligible for a determination of costs of participation in a
PURPA-related proceeding must make application to the Commission for such purpose.
Such application shall be brief in nature and shall:
REGULATIONS FOR ELECTRIC COMPANIES
CHAPTER 1220-04-04
(a)
State the consumer interest represented by the intervention, the relevance of the
hearings to that interest and why participation, is needed for a full and fair
determination of the issues;
(b)
Outline the general nature of the consumer’s expected participation and the anticipated
budget;
(c)
Include an affidavit stating that, but for an award of fees and costs, participation will be
a significant financial hardship to the consumer; and
(d)
Be served on all affected utility companies and other known parties and intervenors to
the proceeding.
Significant financial hardship, as understood in this section, may be established by
demonstrating that the intervenor does not have sufficient resources available to
participate effectively in the proceeding without such an award.
For the purpose of making a determination of eligibility under this subsection, the
Commission may require intervenors with common interests to consolidate their
participation in the proceedings.
(2)
Affected utilities, parties and other interverors shall have the right to object to any application
for eligibility.
(3)
The Commission shall make a determination of the eligibility of an intervenor to receive an
award under this rule prior to the beginning of the proceeding but no later than twenty (20)
days after receipt of an application to intervene. A negative determination of eligibility
precludes an award of fees and costs at the conclusion of the proceeding. An affirmative
determination of eligibility does not assure the intervenor of an award; the intervenor must, in
addition, meet the other requirements of this rule.
(4)
The Commission may, in its determination of eligibility, set a ceiling on the costs that may be
determined as appropriate.