Section 1220-04-04-.52 - PRELIMINARY DETERMINATION OF INTERVENOR ELIGIBILITY(1) An intervenor who wishes to be eligible for a determination of costs of participation in a PURPA -related proceeding must make application to the Authority for such purpose. Such application shall be brief in nature and shall:(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 Authority 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 Authority 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 Authority may, in its determination of eligibility, set a ceiling on the costs that may be determined as appropriate.Tenn. Comp. R. & Regs. 1220-04-04-.52
Original rule certified October 20, 1983; effective January 16, 1984. Amendment filed October 30, 2000; effective January 13, 2001.Authority: T.C.A. §§ 65-2-102, 65-4-104, and 65-4-105.