§ 2632. — Consumer representation.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC2632]
TITLE 16--CONSERVATION
CHAPTER 46--PUBLIC UTILITY REGULATORY POLICIES
SUBCHAPTER III--INTERVENTION AND JUDICIAL REVIEW
Sec. 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.
(Pub. L. 95-617, title I, Sec. 122, Nov. 9, 1978, 92 Stat. 3129.)
Section Referred to in Other Sections
This section is referred to in section 2621 of this title.
