§288.220. Request for Consumer Intervenor Compensation After Conclusion of the Proceeding

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.

 

(Source:  Added at 47 Ill. Reg. 5619, effective April 7, 2023)