EDF, Gridworks report confirms intervenor compensation can strengthen utility commission decision-making

• New report: New EDF and Gridworks research highlights the value of intervenor compensation.
• Key finding: Bringing more voices to the table can lead to more informed and durable energy decisions.
• Recommendations: The report offers practical guidance for states designing or strengthening intervenor compensation programs.

Environmental Defense Fund, a science-based environmental nonprofit, and Gridworks today released Powering Participation: How Intervenor Compensation Can Strengthen Utility Commission Decision-Making, a new report examining how intervenor compensation programs can help state utility commissions make more informed, durable decisions as they navigate rapid changes across the energy system. 

"Utility commissions are making some of the most consequential energy decisions in decades," said Jolette Westbrook, Director & Senior Attorney, Regulatory Solutions at Environmental Defense Fund. "Strong decisions depend on strong evidentiary records. Intervenor compensation helps ensure commissions hear the full range of expertise and perspectives needed to test assumptions, strengthen analysis and better serve the public."

As electricity demand grows, utility commissions are making increasingly complex decisions about affordability, reliability, transmission planning and grid modernization. The report finds that well-designed intervenor compensation programs – which help public interest organizations, consumer advocates, Tribes and community-based organizations participate in utility commission proceedings by generally covering the costs of their time as well as legal, technical and expert support – can strengthen the evidentiary record by ensuring commissioners hear from a broader range of expertise, independent analysis and stakeholder perspectives. The report identifies practical recommendations to help states establish or strengthen these programs.

"As more states consider creating or expanding intervenor compensation programs, the details matter," said Janea A. Scott, Senior Fellow at Gridworks. "This report examines what's working across the country, where programs continue to face challenges and how thoughtful design can improve both public participation and regulatory decision-making."

Drawing on original research, surveys, interviews with more than 64 regulators and advocates, and case studies from across the country, the report shows how effective intervenor compensation programs represent a targeted, cost-effective investment that can help commissions identify risks earlier, evaluate alternatives and improve long-term outcomes for customers and communities. 

The report identifies several best practices, including clear eligibility standards, funding structures that reduce barriers to participation, transparent program administration and technical assistance that helps new participants engage effectively. It also highlights six state case studies that illustrate different approaches and lessons learned.

The report concludes that funding alone is not enough. Outreach, technical assistance and clear procedural guidance are also essential to help communities and public interest organizations participate meaningfully in complex utility commission proceedings. It also recognizes that intervenor compensation is just one tool for supporting public participation. In some cases, workshops, informational meetings and other informal opportunities for dialogue may be more appropriate. Learn more in this Energy Exchange blog post.