BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 1023


                                                                    Page  1





          Date of Hearing:  April 27, 2015


                    ASSEMBLY COMMITTEE ON UTILITIES AND COMMERCE


                                Anthony Rendon, Chair


          AB 1023  
          (Rendon) - As Amended April 20, 2015


          SUBJECT:  Public Utilities Commission:  proceedings:  ex parte  
          communications


          SUMMARY:  This bill would require the California Public  
          Utilities Commissions (CPUC) policy to establish and maintain a  
          weekly communications log summarizing all oral or written ex  
          parte communications, as specified.  Specifically, this bill:  


          a)Requires the CPUC to establish and maintain a weekly  
            communications log summarizing all oral or written ex parte  
            communications made in that week.


          b)Requires the communications log to include a summary of all  
            oral and written communications that meet the definition of an  
            ex parte communication that occur between a person with an  
            interest in a matter before the CPUC and a commissioner,  
            advisor to a commissioner appointed, executive director of the  
            CPUC, deputy executive director, a division director, or an  
            administrative law judge.


          c)Requires that each communication log include the date of each  
            communication, the persons involved in the communication, and  








                                                                    AB 1023


                                                                    Page  2





            to the extent known, and any proceedings that were the subject  
            of each communication.


          d)Requires each communications log to be posted on the CPUCs  
            website. 


          EXISTING LAW:  



          1)Requires the CPUC to determine whether a proceeding requires a  
            hearing, and whether the matter requires a quasi-legislative,  
            an adjudication, or a ratesetting hearing.  (Public Utilities  
            Code Section 1701.1)


          2)Requires the CPUC to establish regulations regarding ex parte  
            communication on case categorization issues.  (Public  
            Utilities Code Section 1701.1)


          3)Requires the CPUC, upon initiating a hearing, to assign one or  
            more commissioners to oversee the case and an administrative  
            law judge where appropriate.  The assigned commissioner shall  
            schedule a prehearing conference.  The assigned commissioner  
            shall prepare and issue by order or ruling a scoping memo that  
            describes the issues to be considered and the applicable  
            timetable for resolution.  (Public Utilities Code Section  
            1701.1)


          4)Defines "quasi-legislative cases" to mean cases that establish  
            policy, including, but not limited to, rulemakings and  
            investigations which may establish rules affecting an entire  
            industry.  (Public Utilities Code Section 1701.1)










                                                                    AB 1023


                                                                    Page  3





          5)Defines "adjudication cases" to mean enforcement cases and  
            complaints, except those challenging the reasonableness of any  
            rates or charges, as specified.  (Public Utilities Code  
            Section 1701.1)


          6)Defines "ratesetting cases" to mean cases in which rates are  
            established for a specific company, including, but not limited  
            to, general rate cases, performance-based ratemaking, and  
            other ratesetting mechanisms.  (Public Utilities Code Section  
            1701.1)


          7)Defines "ex parte communication" to mean any oral or written  
            communication between a decision maker and a person with an  
            interest in a matter before the commission concerning  
            substantive, but not procedural issues, that does not occur in  
            a public hearing, workshop, or other public proceeding, or on  
            the official record of the proceeding on the matter.  (Public  
            Utilities Code Section 1701.1)


          FISCAL EFFECT:  Unknown.


          COMMENTS:  


           1)Author's Statement:   "In recent months, revelations have shown  
            a pattern of informal and private contacts by California  
            Public Utilities Commission members with regulated entities.   
            In response, CPUC management set up a weekly communications  
            log that summarizes oral and written ex parte communications.   
            AB 1023 would codify the requirement that the CPUC maintain  
            that contact log."


           2)Background:   In 2014, revelations surfaced that members of the  
            CPUC repeatedly had informal private contacts with entities  








                                                                    AB 1023


                                                                    Page  4





            under its regulatory purview.  As a result, on October 18,  
            2014, the CPUC Executive Director issued a memo implementing  
            new reporting procedures for communications between certain  
            CPUC staff and CPUC-regulated entities.  The memo was issued  
            in order to enhance the transparency of the CPUC's process and  
            its accountability to the public.  The memo directed Division  
            Directors and above, as well as voluntarily asked  
            Commissioners and their Advisors and the Chief Administrative  
            Law Judge to provide a communications log summarizing all oral  
            or written ex parte communications that occur between  
            themselves and CPUC-regulated entities who are interested  
            persons to a ratesetting or adjudicatory proceeding.  The  
            communications log must include the date of each  
            communication, the persons involved, and to the extent known,  
            any proceedings that were the subject of each communication.   
            The communications log must be provided on a weekly basis and  
            be made available on the CPUC's website.


            Since October 15, 2014, the CPUC began publishing these logs  
            every other week since the policy was established.  But the  
            policy limited the scope of the policy to only adjudicatory  
            and ratesetting proceedings, and did not require reporting on  
            communications between high-level CPUC personnel and  
            interested parties on quasi-legislative proceedings, advice  
            letters, and scoping memos.


            This bill would codify the provisions of the CPUC policy that  
            requires the CPUC to establish and maintain a weekly  
            communications log summarizing all oral or written ex parte  
            communications between a person with an interest in a matter  
            before the CPUC and a commissioner, an appointed advisor to a  
            commissioner, the executive director, a deputy executive  
            director, a division director, or an administrative law judge.  
             The bill would expand the reporting to include  
            quasi-legislative proceedings, advice letters, and scoping  
            memos. 









                                                                    AB 1023


                                                                    Page  5






           3)Arguments in Support:   According to the Sierra Club of  
            California, "This bill would improve accountability and  
            transparency at the [CPUC.]  The bill does this by requiring  
            the [CPUC] to establish and maintain weekly communications log  
            summarizing all oral or written ex parte communication and  
            requires the [CPUC] to make each log available to the public  
            on the [CPUC's] internet website."


          REGISTERED SUPPORT / OPPOSITION:




          Support


          Sierra Club California




          Opposition


          None on file.




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















                                                                    AB 1023


                                                                    Page  6