Compensation of fees— Notwithstanding section 502 of the Energy and Water Development Appropriations Act, 1993 (
5 U.S.C. 504 note;
Public Law 102–377), the Commission may, under rules promulgated by the Commission, provide compensation for reasonable attorney’s fees, expert witness fees, and other costs of participating in any proceeding before the Commission to any person whose participation substantially contributed to the approval, in whole or in part, of a position advocated by such person, if the Commission determines
that—