BILL ANALYSIS Ó
AB 1023
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB
1023 (Rendon)
As Amended September 4, 2015
Majority vote
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|ASSEMBLY: | 74-0 | (May 22, |SENATE: | 40-0 | (September 10, |
| | |2015) | | |2015) |
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Original Committee Reference: U. & C.
SUMMARY: Requires the California Public Utilities Commission
(CPUC) to establish and maintain a weekly communications log
summarizing all oral or written ex parte communications, as
specified.
The Senate amendments make minor technical and clarifying
changes, including changes to address chaptering out conflicts.
EXISTING LAW:
1)Requires the CPUC to determine whether a proceeding requires a
hearing, and whether the matter requires a quasi-legislative,
adjudication, or a ratesetting hearing. (Public Utilities
Code Section 1701.1)
AB 1023
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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 (ALJ) 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 "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, which 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: According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS:
1)Author's Statement: "In recent months, revelations have shown
a pattern of informal and private contacts by CPUC 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
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 directed
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division directors and above, as well as voluntarily asked
commissioners and their advisors and the chief ALJ 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.
This bill codifies 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, all policy advisors to a
commissioner, the executive director, a deputy executive
director, a division director, or an ALJ. The bill would
expand the reporting to include quasi-legislative proceedings,
advice letters, and scoping memos.
Analysis Prepared by: Edmond Cheung / U. & C. / (916) 319-2083
FN: 0002264