BILL ANALYSIS                                                                                                                                                                                                    Ó



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          GOVERNOR'S VETO


          AB  
          825 (Rendon and Mark Stone)


          As Enrolled September 16, 2015


          2/3 vote


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          |ASSEMBLY:  |79-0 |(June 3, 2015)  |SENATE: |40-0 |(September 10, |
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          |ASSEMBLY:  |79-0 |(September 11,  |        |     |               |
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          Original Committee Reference:  U. & C.


          SUMMARY:  Proposes reforms to governance and operations at the  
          California Public Utilities Commission (CPUC) to increase  
          transparency and oversight over the activities of the CPUC.










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          The Senate amendments do the following:


          1)Clarify that the Inspector General for the CPUC takes  
            direction from the State Auditor, and provides funding for the  
            Inspector General upon appropriation.
          2)Delete provisions treating certain categories of documents as  
            public.


          3)Clarify the process for allowing parties to challenge  
            confidentiality of documents in CPUC proceedings.


          4)Clarify the role of the CPUC public advisor at the CPUC.


          5)Establish "all party conferences" as part of the hearing  
            process for commissioners.


          6)Require public comments at hearings to be incorporated into  
            the hearing's evidentiary records.


          7)Require commissioners to hold public office hours and attend  
            all hearings.


          8)Require the CPUC's public advisor to update and maintain the  
            CPUC's service of process lists.


          9)Prohibit a CPUC attorney who prosecutes an action before the  
            CPUC from meeting with a commissioner without all parties  
            present.


          10)    Delete prohibition on reassignment of CPUC staff without  








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            statutory authority.


          11)    Delete requirement that internal CPUC auditors report  
            directly to CPUC.


          12)    Make additional technical and clarifying changes.


          EXISTING LAW:   


           1)Establishes the CPUC with five members appointed by the  
            Governor and confirmed by the Senate, empowers it to regulate  
            privately-owned public utilities in California, and specifies  
            that the Legislature may prescribe additional classes of  
            private corporations or other persons as public utilities.   
            (California Constitution Article XII and Public Utilities Code  
            Section 301)
          2)Requires the CPUC to provide public copies of the agenda and  
            related items prior to the start of any voting meeting of  
            commissioners, and publish specified documents on the  
            Internet.  (Public Utilities Code Section 311.5)


          3)Prohibits any information furnished to the CPUC by a public  
            utility, or any business which is a subsidiary or affiliate of  
            a public utility, or a corporation which holds a controlling  
            interest in a public utility, except those matters  
            specifically required to be open to public inspection, as  
            specified, from being open to public inspection or made  
            public, except on order of the CPUC, or by the CPUC or  
            commissioner in the course of a hearing or proceeding.   
            (Public Utilities Code Section 583)


          4)Establishes the office of the public advisor, and requires the  
            CPUC to appoint a public advisor in order to assist members of  








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            the public and ratepayers who desire to testify before or  
            present information to the CPUC in any hearing or proceeding,  
            and advise the CPUC on procedural matters relating to public  
            participation in proceedings.  Provides that the CPUC can  
            employ staff as necessary to carry out the duties of the  
            office of public advisor.  (Public Utilities Code Section 321)


          5)Requires the CPUC to determine whether a proceeding requires a  
            hearing, and to determine whether the matter requires a  
            quasi-legislative, adjudication, or a ratesetting hearing, and  
            to establish regulations regarding ex parte communication on  
            case categorization issues.  (Public Utilities Code Section  
            1701.1)


          FISCAL EFFECT:  According to the Senate Appropriations  
          Committee, this bill would have the following costs:


          1)Ongoing costs of at least $170,000 and up to $1 million to  
            increase the amount of information available on the CPUC Web  
            site.
          2)Ongoing costs of approximately $200,000 for the public advisor  
            to have independent responsibility over the CPUC Web site.


          3)Unknown costs to post the transcripts of documents, evidence,  
            testimony, and proceedings online.


          4)One-time costs of $157,000 annually for two years for a  
            proceeding to reopen its confidentiality practices.


          5)Ongoing costs of $626,000 annually for hearings to consider  
            motions to make confidential documents public.










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          6)Unknown costs to require that the assigned commissioner attend  
            all hearings in a proceeding.


          7)Ongoing costs between $450,000 and $850,000 to appoint an  
            inspector general from the State Auditor's office to the CPUC.


          8)Ongoing costs of $220,000 annually to provide legal staff at  
            the public advisor's office to ensure compliance with the  
            Public Records Act and the Bagley-Keene Open Meeting Act.  
            These costs may be offset by reduced workload in other CPUC  
            divisions to oversee compliance.


          COMMENTS:   


           1)Author's Statement:  "Transparency in how government makes its  
            decisions remains a critical link to gaining the public's  
            trust in those decisions.  Recent media reports have shown  
            that California Public Utilities Commission decisions lacked  
            transparency, with some deals done in private meetings with  
            investor-owned utility representatives.  AB 825 addresses  
            several issues to improve the Commission's transparency."  
           2)Background:  The CPUC is governed by five full-time  
            commissioners appointed by the Governor and confirmed by the  
            State Senate.  Commissioners are appointed for six-year terms  
            and can only be removed by the Legislature.  Beginning in  
            2014, Pacific Gas & Electric began releasing over 65,000  
            emails from a five-year period.  The emails revealed a culture  
            of secrecy within the CPUC.  Many of the emails exposed  
            regular private communications between CPUC commissioners and  
            staff with regulated entities on subjects the CPUC was  
            deliberating within a number of proceedings, many of which  
            arguably violated CPUC's rules governing ex parte  
            communications, including emails pertaining to the selection  
            of Administrative Law Judges (ALJs) for ratesetting cases.   









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           3)CPUC Transparency and Oversight:  Recently, the CPUC has  
            undergone a number of audits that has raised concerns about  
            the ability of the CPUC to manage even some of its core  
            functions.  In response, the CPUC established an Internal  
            Audit Unit, overseen by a chief internal auditor, to perform  
            audits of the CPUC's internal controls and management,  
            oversees its organizational risk assessment and enterprise  
            risk management, and provides consulting services to assist  
            CPUC operations.  In addition, current law establishes the  
            Public Advisor's Office, which provides procedural information  
            and advice to individuals and groups who want to participate  
            in formal CPUC proceedings.  The office also informs the CPUC  
            of any barriers that prevent effective public participation.  


             This bill requires the State Auditor to appoint an inspector  
            general to conduct oversight review and assess, audit,  
            investigate, and report on the policies, practices, and  
            procedures of the CPUC, as specified.  In addition, the bill  
            tasks the public advisor of the CPUC with the responsibility  
            of ensuring that the activities of the CPUC are transparent to  
            the public, as specified.  Furthermore, to promote greater  
            transparency, the bill requires the CPUC to post specified  
            information on its website regarding electricity procurement  
            contracts, pending proceedings, non-confidential documents,  
            Public Records Act requests, and advice letters.


          4)Confidentiality:  Current law prohibits any information  
            furnished to the CPUC by a public utility, as specified,  
            except those matters specifically required to be open to  
            public inspection, as specified, from being open to public  
            inspection or made public, except on order of the CPUC, or by  
            the CPUC or commissioner in the course of a hearing or  
            proceeding.  As a result, regulated utilities argue that there  
            exists a presumption that information is confidential unless a  
            commissioner, on a case-by-case basis, decides it is not.   
             This bill creates a specified process that provides parties to  








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            a proceeding with the ability to contest claims of  
            confidentiality by filing a motion to make the information  
            public, and requires the assigned ALJ or commissioner to make  
            written findings and conclusions.


          GOVERNOR'S VETO MESSAGE: 


           These bills include various provisions to increase transparency  
          and accessibility to the Public Utilities Commission.  I support  
          the intent of these bills and many of their proposed reforms,  
          however some additional work is needed to ensure that they  
          achieve their intended purposes and can be effectively  
          implemented.


          Allowing Bagley-Keene and Public Records Act lawsuits to be  
          brought against the Commission by any interested party in  
          Superior Court, rather than exclusively in the Courts of Appeal  
          and the California Supreme Court, will only result in increased  
          litigation and likely delay Commission decision-making.  It will  
          not improve public access to critical information about the  
          actions of regulated entities.  Amending Section 583 of the  
          Public Utilities Code to require more information to be publicly  
          available is a much better way to ensure that the public is  
          provided with this information.


          Moreover, the Commission needs sufficient funds to fully  
          accomplish some of these reforms, such as holding more public  
          meetings outside of San Francisco, shortening the timeframe for  
          concluding formal ratesetting and quasi-legislative proceedings  
          and expanding the scope of the information required to be posted  
          on the CPUC's Web site.  I am directing the Commission to work  
          with the Legislature through the budget process to ensure the  
          necessary funds are dedicated to accomplish these needed  
          reforms.









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          Analysis Prepared by:                                             
                          Edmond Cheung / U. & C. / (916) 319-2083  FN:  
          0002517