65- 407 C.M.R. ch. 840, § 8

Current through 2024-25, June 19, 2024

Section 407-840-8 - AWARD FOR JUDICIAL REVIEW OF PURPA PROCEEDINGS

A.Eligibility. If the intervenor owes or incurs fees and expenses in a judicial review of any determination made in a Commission PURPA proceeding with respect to an issue advocated by the intervenor, the intervenor shall be entitled to an award of compensation for such fees and expenses owed and incurred by the intervenor only if:

1 The intervenor has demonstrated a substantial financial hardship; and

2 One of the following two criteria has been met:

a Where the Commission's adoption of a position advocated by the intervenor is the subject of judicial review, the intervenor defends that position on review, and the Commission takes no position with respect to that position on review; or,

b Where the intervenor advocated a position not adopted by the Commission and the intervenor successfully obtains a judicial decision resulting in the adoption of the position advocated by the intervenor.

B.Additional Compensation for Commission Proceeding Expenses. If the judicial review sought by the intervenor results in the adoption of the position advocated by the intervenor, the intervenor shall, in addition to the award for judicial review, be entitled to an award of compensation for the presentation of the intervenor's position in the Commission proceeding, in accordance with the provisions established in section 7 of this rule.

65- 407 C.M.R. ch. 840, § 8