BILL NUMBER: AB 1601	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Stone

                        FEBRUARY 5, 2014

   An act to amend Section 583 of the Public Utilities Code, relating
to public utilities.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1601, as introduced, Stone. Public utilities: information:
confidentiality.
   The Public Utilities Act prohibits the commission or an officer or
employee of the commission from disclosing any information furnished
to the commission by a public utility, a subsidiary, an affiliate,
or a corporation holding a controlling interest in a public utility,
unless the information is specifically required to be open to public
inspection under the act, except on order of the commission or a
commissioner in the course of a hearing or proceeding.
   This bill would instead require the information to be open to
public inspection unless federal or state law or an order of the
commission requires the information to be closed to inspection, or
the withholding of that information is specified by the commission, a
commissioner, or an administrative law judge in the course of a
hearing or proceeding. The bill would authorize a public utility, a
subsidiary or affiliate of the public utility, or a corporation
holding a controlling interest in a public utility providing
information to request the commission to withhold from public
disclosure all or a portion of the information provided. The bill
would require the commission, a commissioner, or the assigned
administrative law judge to issue an order on the request within 45
days of the request. The bill would provide that the information be
deemed a public record subject to public inspection if the
commission, a commissioner, or the assigned administrative law judge
fails to issue an order within 45 days of the request.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Section 583 of the Public Utilities Code is amended to
read:
   583.   No   (a)     All
 information furnished to the commission by a public utility, or
 any   a  business  which
  that  is a subsidiary or affiliate of a public
utility, or a corporation  which   that 
holds a controlling interest in a public utility, except those
matters specifically required to be  open  
closed  to public inspection by  this part, 
 federal or state law, including the provisions of the Evidence
Code relating to privilege,  shall be open to public inspection
 or made public   and shall not be withheld from
public inspection  except on order of the commission, or by the
 commission or   commission,  a 
commissioner   commissioner, or   an
administrative law judge  in the course of a hearing or
proceeding.  Any  
   (b) The commission may, by order, designate specific categories of
information as confidential, if it finds that the public interest
served by not disclosing the information clearly outweighs the public
interest served by disclosing the information.  
   (c) This section does not authorize the disclosure of information
that is exempt from public disclosure under the California Public
Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7
of Title 1 of the Government Code).  
   (d) (1) A public utility, a subsidiary or an affiliate of the
public utility, or a corporation holding a controlling interest in a
public utility providing information to the commission may request
the commission to withhold from public disclosure all or a portion of
the information provided. The request shall specify provisions of
federal or state law, including the Evidence Code or the California
Public Records Act, and, if applicable, an order issued pursuant to
subdivision (b) that exempts the public disclosure of the
information.  
   (2) The commission, a commissioner, or the assigned administrative
law judge shall grant the request upon an adequate showing by the
requester that the claimed information is exempt from public
disclosure pursuant to the specified provision of federal or state
law, or commission order.  
   (3) Within 45 days of the filing of the request, the commission, a
commissioner, or the assigned administrative law judge shall issue
an order on the request.  
   (4) If the commission, a commissioner, or the assigned
administrative law judge fails to issue an order on the request
within 45 days of the request, the information is deemed to be a
public record within the California Public Records Act and subject to
public inspection.  
   (5) The information that is the subject of the request shall be
provisionally withheld from public disclosure for 45 days after the
filing of the request or 10 days after the issuance of the ruling on
the request, whichever comes first, and until all administrative and
judicial review, if any, have been exhausted. 
    (e)     Any  present or former officer
or employee of the commission who divulges any  such
 information  that is exempt from public disclosure
under this section  is guilty of a misdemeanor.