65- 407 C.M.R. ch. 840, § 7

Current through 2024-25, June 19, 2024
Section 407-840-7 - INTERVENOR FUNDING AMOUNT DETERMINATION
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).

65- 407 C.M.R. ch. 840, § 7