BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 1000|
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THIRD READING
Bill No: SB 1000
Author: Yee (D)
Amended: 5/23/12
Vote: 21
SENATE ENERGY, UTIL. & COMMUNIC. COMM. : 7-4, 4/17/12
AYES: Padilla, Corbett, De León, DeSaulnier, Kehoe,
Pavley, Simitian
NOES: Fuller, Emmerson, Rubio, Strickland
NO VOTE RECORDED: Berryhill, Wright
SENATE JUDICIARY COMMITTEE : 4-1, 4/24/12
AYES: Evans, Blakeslee, Corbett, Leno
NOES: Harman
SENATE APPROPRIATIONS COMMITTEE : 5-2, 5/14/12
AYES: Kehoe, Alquist, Lieu, Price, Steinberg
NOES: Walters, Dutton
SUBJECT : Public Utilities Commission: records
SOURCE : Author
DIGEST : This bill requires Public Utilities Commission
(PUC) investigation orders, recommendations, and accident
reports to be made publicly available pursuant to the
California Public Records Act.
Senate Floor Amendments of 5/23/12 reinstate current law
related to penalties for disclosure of records deemed
CONTINUED
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confidential by the PUC.
ANALYSIS :
Existing law:
1. Requires that the records of every state agency be made
available for public inspection upon request, with
certain exceptions and subject to procedures. This law
is commonly referred to as the California Public Records
Act (CPRA).
2. Requires public utilities to furnish to the PUC, as
requested, copies of any or all maps, profiles,
contracts, agreements, franchises, reports, books,
accounts, papers, and records in its possession or in
any way relating to its property or affecting its
business, and also a complete inventory of all its
property in such form as the commission may direct as
necessary it to carry out its regulatory duties.
3. Establishes a presumption against public disclosure of
any information submitted to the PUC by a public utility
unless it orders the information to be made public. Any
official or employee of the commission who releases
confidential information not ordered for release is
guilty of a misdemeanor.
4. Requires the PUC to establish written guidelines for
accessibility of records and post them in a conspicuous
public place.
This bill requires the PUC investigation orders,
recommendations, and accident reports to be made publicly
available pursuant to the CPRA. With respect to public
utility information furnished to the PUC, this bill:
Requires the PUC to create a list of safety-related
reports that the PUC will automatically disclose to the
public.
Requires the PUC to create and maintain on the PUC's
Internet Web site information, as specified.
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Requires the PUC to comply with the exemption
requirements of the CPRA.
Requires the PUC to revise its guidelines, resolutions,
and general orders for the disclosure of public records.
Requires the PUC, prior to disclosing any record, to
determine whether any exemptions to the CPRA or other law
restricting disclosure apply to that record.
Background
Unlike other state agencies, the PUC operates under a
statute (Public Utilities Code Section 583) which in
practice makes public access to much of the information in
its proceedings the exception, rather than the rule without
positive action by the commission to make those documents
public.
According to prior analyses on this issue, the statute has
its origins in a law enacted in 1951. Notwithstanding the
subsequent "open government" reforms in California, the
CPRA, the statutory standard for public access to utility
filings held by the PUC, has not fundamentally changed
since 1951.
The CPRA gives every person the right to inspect and obtain
copies of all state and local government documents not
exempt from disclosure. Exemptions include corporate
financial records and corporate proprietary information,
including trade secrets. The CPRA also specifically
provides that information held by the PUC which is deemed
confidential under Public Utilities Code Section 583 is not
required to be disclosed.
PUC Records Access . On its own accord, the PUC issued a
proposal last month that would improve and streamline the
process for the public to access documents received or
generated by the PUC. The PUC's current policies for
public access to records are included in its General Order
66-C which was adopted in 1974, and amended in 1982.
Consequently, the 30-year old policies are long overdue for
reform. By its own admission the PUC's regulations for
public access to records are "outdated and cumbersome, and
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often delay rather than facilitate access to records
requested under the California Public Records Act."
The PUC has released a draft resolution to revise its
policies which would be reflected in a new General Order
66-D. The draft is out for public comment. The schedule
for formal adoption by the PUC is unknown at this time.
The Draft Resolution is a significant departure for the PUC
which has generally started from the standpoint that
everything they do is confidential and the public and press
has had an uphill battle in gaining access to the records.
The PUC has reviewed outdated rules that impede the PUC's
ability to share documents with the public it serves, and
the new policy is intended to allow the PUC to provide the
public with more immediate access to documents. In
addition, by updating the PUC's regulations governing
public access to PUC records; establishing procedures for
more uniform processing of records requests and requests
for confidential treatment of documents provided to the
PUC; and improving access to records on the PUC's Web site,
the PUC could substantially streamline public access to
records and information.
The Draft Resolution does emphasize three areas for which
confidentiality should be retained related to "privacy of
individual residents, short-term market sensitivity, and
critical infrastructure."
Related/Prior legislation
AB 1541 (Dickinson), among other things, requires PUC
accident investigation orders or recommendations and all
information furnished to the PUC, unless exempt as
specified, to be subject to public disclosure under the
CPRA. AB 1541 is currently in the Assembly Governmental
Organization Committee.
SB 1488 (Bowen), Chapter 690, Statues of 2004, requires the
PUC to initiate a proceeding to review its public
disclosure practices.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
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According to the Senate Appropriations Committee, possible
one-time costs of $75,000 from the PUC's Utilities
Reimbursement Account (special fund) in FY 2013-14 to
conduct a proceeding to update the PUC's Rules of Practice
and Procedure.
SUPPORT : (Verified 5/24/12)
AARP
Agricultural Energy Consumers Association
California Newspaper Publishers Association
California Public Utilities Commission, with technical
amendments
California Teamsters Public Affairs Council
City of Belmont
Consumer Federation of California
South San Joaquin Irrigation District
The Utility Reform Network
Utility Workers Union of America, Local 132
OPPOSITION : (Verified 5/24/12)
AT&T (unless amended)
California Communications Association (unless amended)
California State Association of Electrical Workers (unless
amended)
Coalition of California Utility Employees (unless amended)
Frontier Communications (unless amended)
PacifiCorp (unless amended)
San Diego Gas & Electric
Sempra Energy Utilities
Southern California Edison
Southern California Gas Company
ARGUMENTS IN SUPPORT : The California Newspapers
Publishers Association, a supporter of this bill, writes:
Existing law provides a prolonged process that makes it
difficult, if not impossible, to obtain accident
information, safety reports and inspection records from
the CPUC. Unlike a request made under the CPRA
ÝCalifornia Public Records Act], before the commission
can release any information (which is automatically
sealed) it must first adopt a formal resolution
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allowing disclosure after a lengthy process.
The current process deprives the public and journalists
of timely, much-needed information about the threatened
safety of communities where recent deadly pipe
explosions have killed residents in neighborhoods like
San Bruno and Rancho Cordova. Without access to this
information, people that live in these communities have
no means to identify the risks that may still exist and
no way of evaluating whether a decision to remain is
life threatening.
ARGUMENTS IN OPPOSITION : Southern California Edison
opposes this bill unless amended, and writes, "SCE
appreciates the significant work done to date by Senator
Yee and his staff to modify and clarify terms of SB 1000,
but changes to Public Utilities Code §315 proposed in the
April 18 version of the bill raise the specter of public
release of incorrect and incomplete information. Utility
reports filed pursuant to this code section are necessarily
preliminary in nature, and therefore may contain
information that later investigation and analysis proves
incorrect or incomplete. It is understandable that the
CPUC would need a prompt initial report on significant
incidents so that they can appropriately engage their own
investigatory resources. However, public release of these
documents increases the risk of media reports and liability
claims based on incorrect or incomplete information, which
could undermine existing policy for full and candid
dialogue between a utility and the CPUC at a critical,
early stage of a serious incident."
RM:do 5/24/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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