NARUC reports examine intervenor compensation, engagement with consumer advocates

Published on January 20, 2022 by Dave Kovaleski

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The National Association of Regulatory Utility Commissioners (NARUC) released two reports that look at how ratepayer interests are represented in state public utility commissions.

The publications, released through NARUC’s Center for Partnerships & Innovation, examine intervenor compensation programs and engagement between public utility commissions (PUCs) and consumer advocates.

The first report, State Approaches to Intervenor Compensation, provides a state-by-state scan of intervenor compensation practices. Intervenor compensation is the practice of reimbursing individuals or groups for the cost of their involvement in utility regulatory proceedings. The report reviews states’ legislative authorization for intervenor compensation, evaluates attributes of active intervenor compensation programs, and provides insights on program implementation through case studies.

It found that 16 states currently have an authorized intervenor compensation, financing, or funding program in their legislative rules and statutes with programs. Of these states, six have active programs — California, Idaho, Michigan, Minnesota, Oregon, and Wisconsin — while Illinois and Washington are establishing programs in 2022.

The second report, Public Utilities Commissions and Consumer Advocates: Protecting the Public Interest, is the fifth in a series promoting dialogue among state-level electricity decision-makers. It describes the history of engagement between PUCs and consumer advocates, examines the current and emerging state of engagement between the two parties, and offers ideas for strengthening relationships.

“Both reports provide commissions with key considerations for engagement and program implementation that can help states achieve procedural justice — or the equitable representation and inclusion of all stakeholders in the decision-making process,” Danielle Sass Byrnett, director of NARUC’s Center for Partnerships & Innovation, said. “These reports further build upon the 2021 Stakeholder Engagement Framework by providing additional details about longstanding and emerging approaches commissions are using to enable more diverse perspectives in their processes.”

The U.S. Department of Energy helped NARUC in the development of these resources.