SB 605

Bill Subjects

Abstract

The California Constitution establishes the Public Utilities Commission and authorizes the commission to exercise ratemaking and rulemaking authority over all public utilities, as defined, subject to control by the Legislature. The Public Utilities Act requires the commission to determine whether each proceeding is a quasi-legislative, an adjudication, a ratesetting, or a catastrophic wildfire proceeding. The act requires the commission, upon initiating an adjudication or ratesetting proceeding, to assign one or more commissioners to oversee the case, and requires the assigned commissioner to schedule a prehearing conference for the proceeding. This bill would authorize, rather than require, the assigned commissioner to schedule a prehearing conference for the proceeding. The bill would prohibit the assigned commissioner from waiving a prehearing conference when there is a disputed material issue of fact, law, or policy identified. If a prehearing conference is not scheduled, the bill would prohibit the commission from reducing or waiving the period for public review and comment on a proposed decision and would require the commission to allow an interested person to obtain party status within 10 days after the issuance of a proposed decision. The bill would require the commission to provide for remote participation in a prehearing conference when it is practicable. Existing law authorizes the commission, during certain periods of a ratesetting case or catastrophic wildfire proceeding, to establish a "quiet period" during which no oral or written ex parte communications, as defined, are permitted and during which the commission is authorized to meet in closed session. This bill would recast those quiet period provisions and would make changes relating to the establishment of a quiet period and the scope of closed session commission meetings during ratesetting cases and catastrophic wildfire proceedings. Under existing law, a violation of the Public Utilities Act, or any order, decision, rule, direction, demand, or requirement of the commission is a crime. Because certain of the above provisions would be codified in the act and would require action by the commission, a violation of which would be a crime, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.