16 U.S.C. § 2632 : US Code - Section 2632: Consumer representation

Search 16 U.S.C. § 2632 : US Code - Section 2632: Consumer representation

(a) Compensation for costs of participation or intervention
(1) If no alternative means for assuring representation of
electric consumers is adopted in accordance with subsection (b) of
this section and if an electric consumer of an electric utility
substantially contributed to the approval, in whole or in part, of
a position advocated by such consumer in a proceeding concerning
such utility, and relating to any standard set forth in subchapter
II of this chapter, such utility shall be liable to compensate such
consumer (pursuant to paragraph (2)) for reasonable attorneys'
fees, expert witness fees, and other reasonable costs incurred in
preparation and advocacy of such position in such proceeding
(including fees and costs of obtaining judicial review of any
determination made in such proceeding with respect to such
position).
(2) A consumer entitled to fees and costs under paragraph (1) may
collect such fees and costs from an electric utility by bringing a
civil action in any State court of competent jurisdiction, unless
the State regulatory authority (in the case of a proceeding
concerning a State regulated electric utility) or nonregulated
electric utility (in the case of a proceeding concerning such
nonregulated electric utility) has adopted a reasonable procedure
pursuant to which such authority or nonregulated electric utility -

(A) determines the amount of such fees and costs, and
(B) includes an award of such fees and costs in its order in
the proceeding.
(3) The procedure adopted by such State regulatory authority or
nonregulated utility under paragraph (2) may include a preliminary
proceeding to require that -
(A) as a condition of receiving compensation under such
procedure such consumer demonstrate that, but for the ability to
receive such award, participation or intervention in such
proceeding may be a significant financial hardship for such
consumer, and
(B) persons with the same or similar interests have a common
legal representative in the proceeding as a condition to
receiving compensation.
(b) Alternative means
Compensation shall not be required under subsection (a) of this
section if the State, the State regulatory authority (in the case
of a proceeding concerning a State regulated electric utility), or
the nonregulated electric utility (in the case of a proceeding
concerning such nonregulated electric utility) has provided an
alternative means for providing adequate compensation to persons -
(1) who have, or represent, an interest -
(A) which would not otherwise be adequately represented in
the proceeding, and
(B) representation of which is necessary for a fair
determination in the proceeding, and
(2) who are, or represent an interest which is, unable to
effectively participate or intervene in the proceeding because
such persons cannot afford to pay reasonable attorneys' fees,
expert witness fees, and other reasonable costs of preparing for,
and participating or intervening in, such proceeding (including
fees and costs of obtaining judicial review of such proceeding).
(c) Transcripts
The State regulatory authority or nonregulated electric utility,
as the case may be, shall make transcripts of the proceeding
available, at cost of reproduction, to parties or intervenors in
any ratemaking proceeding, or other regulatory proceeding relating
to rates or rate design, before a State regulatory authority or
nonregulated electric utility.
(d) Federal agencies
Any claim under this section against any Federal agency shall be
subject to the availability of appropriated funds.
(e) Rights under other authority
Nothing in this section affects or restricts any rights of any
participant or intervenor in any proceeding under any other
applicable law or rule of law.