New Cingular Wireless PCS, LLC v. Pub. Utilities Comm'n of Cal.

*1200 I. INTRODUCTION

Following our decision in *92 New Cingular Wireless PCS, LLC v. Public Utilities Com. (2016) 246 Cal.App.4th 784 , 201 Cal.Rptr.3d 652 ( New Cingular ), the California Public Utilities Commission (CPUC), on remand, issued Decision No. 17-04-007 1 and Decision No. 17-11-038 2 (collectively, the Remand Decisions), awarding intervenor compensation to The Utility Reform Network (TURN) and the Center for Accessible Technology (CforAT) in the same amounts that had been awarded in the decisions we vacated in New Cingular . AT&T now petitions for review of the Remand Decisions. For the reasons that follow, we grant the petition.

II. DISCUSSION

In New Cingular , we held as follows. "[S]o long as the advocacy of an intervenor claiming compensation contributes to a CPUC proceeding by 'assist [ing] the commission in the making of' any 'order or decision' ( [Pub. Util. Code,] § 1802, subd. (i) ) [ 3 ] and that 'order or decision' is part of the 'final' resolution of the proceeding (§ 1804, subds. (c) & (e))-whether or not the proceeding is resolved on the merits-then the CPUC may 'determine [ ]' whether in its 'judgment' (§§ 1801.3, subd. (d), 1802, subd. (i)), the…