BILL ANALYSIS �
SB 611
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Date of Hearing: August 21, 2013
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Mike Gatto, Chair
SB 611 (Hill) - As Amended: August 6, 2013
Policy Committee: Utilities and
Commerce Vote: 14-1
Urgency: No State Mandated Local Program:
No Reimbursable:
SUMMARY
This bill changes the name of the Division of Ratepayer
Advocates (DRA) to the Office of Ratepayer Advocates (ORA) and
authorizes ORA to seek rehearing and judicial review as
specified. Specifically, this bill:
1)Renames the Division of Ratepayer Advocates (DRA) the Office
of Ratepayer Advocates (Office).
2)Authorizes ORA to seek rehearing and judicial review of PUC
decisions.
3)Requires the director of the ORA to develop a budget for the
office for final approval by the Department of Finance.
4)Requires the ORA lead attorney to obtain adequate legal
personnel for the work to be conducted by the office from the
PUC's lead attorney.
FISCAL EFFECT
1)Potential increased ongoing costs of approximately $360,000
from the PUC Utilities Reimbursement Account (special fund)
for legal staff to respond to requests for Judicial Review.
2)Unknown costs associated with changing the name on office
letterhead, etc.
COMMENTS
1)Purpose. According to the author, this bill is intended to
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clarify existing law with regard to the right of the DRA to
seek judicial review of PUC's decisions.
Currently, any party to a proceeding may seek judicial review,
including utilities, ratepayer groups in cases before the PUC.
According to the author, the PUC maintains that because DRA
is a part of the PUC it cannot challenge itself. However,
DRA argues that because it is a party to proceedings, as with
any aggrieved party, it may seek judicial review.
This clarification will prevent litigation and the associated
court costs of determining whether or not DRA has standing to
appeal PUC decisions.
2)Background. The Division of Ratepayer Advocates (DRA) is an
independent division within
the PUC that advocates solely on behalf of residential and
small commercial utility ratepayers.
In 1984, the PUC created DRA, formerly known as the Public
Staff Division, in a reorganization plan intended to more
efficiently use staff resources.
In 1996, SB 960 (Chapter 856, Statutes of 1996) renamed the
Division the Office of Ratepayer Advocates (ORA), and while
keeping the ratepayer advocacy function within the PUC made it
independent with respect to policy, advocacy, and budget.
In 2005, SB 608 Escutia (Chapter 440, Statutes of 2005)
renamed ORA as DRA - the Division of Ratepayer Advocates - and
strengthened the division by providing it with autonomy over
its budget and staffing resources and authorizing the
appointment of a full-time Chief Counsel.
Currently, DRA has 137 technical staff with expertise in
regulatory issues related to the electricity, natural gas,
water, and telecommunications industries in California.
According to its 2012 Annual Report to the Legislature, DRA
participated in 176 PUC proceedings and filed more than 600
pleadings to aid the PUC in developing the record from which
Commissioners formulated their final decisions.
3)2013-14 Budget Trailer Bills. SB 72 and AB 77 are trailer
bills pending before the Legislature. Both bills contain
substantially similar provisions with the exception of the
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authorization for ORA to seek judicial review.
Analysis Prepared by : Jennifer Galehouse / APPR. / (916)
319-2081