| (a) In order to determine the nature and extent of
the public interest, the public interest counsel must consider the
following factors before deciding to represent the public interest
as a party to a commission proceeding on a proposed agency action:
(1) the extent to which the action may impact human
health;
(2) the extent to which the action may impact environmental
quality;
(3) the extent to which the action may impact the use
and enjoyment of property;
(4) the extent to which the action may impact the general
populace as a whole, rather than impact an individual private interest;
(5) the extent and significance of interest expressed
in public comment received by the commission regarding the action;
(6) the extent to which the action promotes economic
growth and the interests of citizens in the vicinity most likely to
be affected by the action;
(7) the extent to which the action promotes the conservation
or judicious use of the state's natural resources; and
(8) the extent to which the action serves commission
policies regarding regionalization or other relevant considerations
regarding the need for facilities or services to be authorized by
the action.
(b) In prioritizing the public interest counsel's workload,
the public interest counsel must consider the following factors:
(1) the number and complexity of the issues to be considered
in any contested case hearing on the action;
(2) the extent to which there is a known disparity
in the financial, legal, and technical resources of the potential
parties to the action, including consideration of whether the parties
are represented by counsel;
(3) the extent to which the public interest counsel's
participation will further the development of the evidentiary record
on relevant environmental or consumer-related issues to be considered
by the commission; and
(4) staffing and other resource limitations of the
office of public interest counsel.
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