Current through Register Vol. 48, No. 38, September 20, 2024
a) To receive
compensation from the Fund before the conclusion of a proceeding, a Consumer
Interest Representative shall submit to the Administrator a verified request
for compensation before the Commission enters its final order after denial or
decision on rehearing in the proceeding. The CIR shall serve copies of this
verified request on all parties to the proceeding. In such cases, the CIR shall
include in its verified request:
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 that the CIR meets the definition of a Consumer Interest
Representative;
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 tasks identified in subsection (a)(6) address expenses, investments, rate
design, rate impact, or other matters affecting the pricing, rates, costs or
other charges associated with utility service and relate to a material
recommendation 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
(a)(6);
8) Information
demonstrating that costs the CIR incurred from participation in the identified
ICC dockets in subsection (a)(6) will cause 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;
13) A certification
that the CIR will, for any compensation received from the Fund that exceeds the
award of compensation determined following the Commission's final order after
denial or decision on rehearing in the proceeding, return the excess
compensation to the Fund within 30 days after a final award determination or
the award becoming final pursuant to operation of law by submitting a check
with the memo "Consumer Intervenor Compensation Fund" sent to:
Illinois Commerce Commission
Financial Information Section
527 East Capitol Avenue
Springfield, IL 62701;
and
14)
Any other information from the CIR the Administrator considers necessary to
make a recommendation regarding compensation before the Commission's final
order after denial or decision on rehearing in the proceeding.
b) 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, proprietary or a trade secret, the CIR must clearly identify that
information.
c) A CIR that receives
compensation from the Consumer Intervenor Fund before the entry of the
Commission's final order after denial or decision on rehearing in the
proceeding must submit a verified request for funding following the
Commission's final order after denial or decision on rehearing in the
proceeding pursuant to Section 288.220.
