BILL NUMBER: AB 1359	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Skinner

                        FEBRUARY 18, 2011

   An act to amend Section 454 of the Public Utilities Code, relating
to public utilities.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1359, as introduced, Skinner. Public utilities: rates.
   Under existing law, the Public Utilities Commission has regulatory
authority over public utilities, as defined. Existing law authorizes
the commission to fix the rates and charges for every public
utility, and requires that those rates and charges be just and
reasonable. Existing law, with certain exceptions, prohibits a public
utility from changing any rate, except upon a showing before the
commission and a finding by the commission that the new rate is
justified.
   This bill would make a nonsubstantive, technical change to this
prohibition.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 454 of the Public Utilities Code is amended to
read:
   454.  (a) Except as provided in Section 455,  no 
 a  public utility shall  not  change any rate or
so alter any classification, contract, practice, or rule as to result
in any new rate, except upon a showing before the commission and a
finding by the commission that the new rate is justified. Whenever
any electrical, gas, heat, telephone, water, or sewer system
corporation files an application to change any rate, other than a
change reflecting and passing through to customers only new costs to
the corporation  which   that  do not
result in changes in revenue allocation, for the services or
commodities furnished by it, the corporation shall furnish to its
customers affected by the proposed rate change notice of its
application to the commission for approval of the new rate. This
notice requirement does not apply to any rate change proposed by a
corporation pursuant to an advice letter submitted to the commission
in accordance with commission procedures for this means of
submission. The procedures for advice letters may include provision
for notice to customers or subscribers on a case-by-case basis, as
determined by the commission. The corporation may include the notice
with the regular bill for charges transmitted to the customers within
45 days if the corporation operates on a 30-day billing cycle, or
within 75 days if the corporation operates on a 60-day billing cycle.
If more than one application to change any rate is filed within a
single billing cycle, the corporation may combine the notices into a
single notice if the applications are separately identified. The
notice shall state the amount of the proposed rate change expressed
in both dollar and percentage terms for the entire rate change as
well as for each customer classification, a brief statement of the
reasons the change is required or sought, and the mailing, and if
available, the e-mail address of the commission to which any customer
inquiries may be directed regarding how to participate in, or
receive further notices regarding the date, time, or place of, any
hearing on the application, and the mailing address of the
corporation to which any customer inquiries relative to the proposed
rate change may be directed.
   (b) The commission may adopt rules it considers reasonable and
proper for each class of public utility providing for the nature of
the showing required to be made in support of proposed rate changes,
the form and manner of the presentation of the showing, with or
without a hearing, and the procedure to be followed in the
consideration thereof. Rules applicable to common carriers may
provide for the publication and filing of any proposed rate change
together with a written showing in support thereof, giving notice of
the filing and showing in support thereof to the public, granting an
opportunity for protests thereto, and to the consideration of, and
action on, the showing and any protests filed thereto by the
commission, with or without hearing. However, the proposed rate
change does not become effective until it has been approved by the
commission.
   (c) The commission shall permit individual public utility
customers and subscribers affected by a proposed rate change, and
organizations formed to represent their interests, to testify at any
hearing on the proposed rate change, except that the presiding
officer need not allow repetitive or irrelevant testimony and may
conduct the hearing in an efficient manner.