Current through Register Vol. 48, No. 38, September 20, 2024
a) A Consumer
Interest Representative must submit a verified request for funding from the
Fund to the Administrator within 30 days after the later of the Commission's
final order in the proceeding or after the Commission's denial of rehearing, if
any. The CIR shall serve copies of this verified request on all parties to the
proceeding.
b) A verified request
for funding from the Fund by a Consumer Interest Representative submitted to
the Administrator must include:
1) The name
of the CIR requesting compensation;
2) The full name, mailing address, telephone
number, and e-mail address of the CIR or its representative filing the
request;
3) The mailing address to
which payments should be sent;
4) A
completed Form W-9 containing the CIR's taxpayer identification
number;
5) Information
demonstrating eligibility as a CIR;
6) An itemized request for compensation
including, but not limited to the applicable Commission docket number and the
following information for each advocate, attorney, or lay or expert witness:
A) name;
B) work title;
C) fee rate per hour;
D) firm or business name;
E) number of hours expended;
F) specific tasks performed in the applicable
Commission docket;
G) the specific
issue each task addressed; and
H)
other eligible costs for reimbursement, excluding expenses related to travel or
meals. Costs should be supported by invoices where practicable;
7) Information demonstrating that
the CIR addressed expenses, investments, rate design, rate impact, or other
matters affecting the pricing, rates, costs or other charges associated with
utility service and that the final Commission Order or Order on Rehearing
adopted a material recommendation, in whole, in part, or with modification,
made by the CIR or adopts a settlement or stipulation agreement in which a
material recommendation of the CIR is resolved related to a significant issue
in the Commission docket identified in subsection (b)(6), including that the
final Commission Order included a discussion of the CIR's evidence or
recommendations related to that issue;
8) Information demonstrating that the costs
incurred from participation in the Commission docket identified in subsection
(b)(6) caused a significant financial hardship for the CIR including, but not
limited to, a budget summary containing information concerning the CIR's
financial capabilities and resources, including, but not limited to, annual
budget, cash on hand, and revenue information supporting the claim of financial
hardship;
9) Information
demonstrating that the compensation sought is fair, just and reasonable, and
consistent with the market rate paid to persons of comparable training and
experience who offer similar services and that the rates do not exceed the
comparable market rate for services paid by the public utility as part of its
rate case expense;
10) The CIR's
status as a tax-exempt organization registered with the IRS (e.g., 501(c)(3) or
501(c)(4) status);
11) A
certification that the CIR did not receive directly or indirectly any
compensation, funding, or donations from parties that have a financial interest
in the outcome of the proceeding for which the CIR seeks
compensation;
12) A certification
that the CIR understands and accepts that the receipt of funds is subject to
the availability of monies in the Fund and that in no event will compensation
be paid if funds are insufficient; and
13) Other information that the Administrator
requires to make a recommendation regarding compensation.
c) Information disclosed by the CIR in
support of compensation costs for all persons covered by this Section shall be
given the same protections for privileged, confidential and proprietary
information that exist under the Commission's Rules of Practice (83 Ill. Adm.
Code 200), the Illinois Code of Civil Procedure [735 ILCS 5 ], the Illinois
Rules of Evidence, and other applicable Illinois law. If a verified request for
reimbursement from the Fund contains information the CIR considers confidential
or proprietary, the CIR must clearly identify that information.
