Intervenors other than the office of consumer counsel.

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(1) If the office of consumer counsel intervenes and there are other intervenors in proceedings before the commission, the determination of said commission with regard to the payment of expenses of intervenors, other than the office of consumer counsel, and the amounts thereof shall be based on the following considerations:

  1. Any reimbursements may be awarded only for expenses related to issues not substantially addressed by the office of consumer counsel;

  2. The testimony and participation of other intervenors must have addressed issues ofconcern to the general body of users or consumers concerning, directly or indirectly, rates or charges;

  3. The testimony and participation of other intervenors must have materially assistedthe commission in rendering its decision;

  4. The expenses of other intervenors must be reasonable in amount;

  5. The testimony and participation of other intervenors must be of significant quality;

  6. The participation of other intervenors must be active during the proceeding and notmerely an appearance for purposes of establishing legal standing; and

  7. The payment of expenses of other intervenors who are in direct competition with apublic utility involved in proceedings before the commission is prohibited.

(2) The commission shall promptly report the award of any intervenors' expenses to the executive director of the department of regulatory agencies.

Source: L. 84: Entire article added, p. 1045, § 1, effective July 1. L. 96: (2) amended, p. 1228, § 43, effective August 7.

Cross references: For the legislative declaration contained in the 1996 act amending subsection (2), see section 1 of chapter 237, Session Laws of Colorado 1996.


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