AB 2763, as introduced, Gatto. Public utilities: certificates of public convenience and necessity.
The Public Utilities Act empowers the Public Utilities Commission with regulatory authority over public utilities, including gas corporations, as defined. The act defines “gas plant” for purposes of the act, unless the context requires otherwise, to include all real estate, fixtures, and personal property, owned, controlled, operated, or managed in connection with or to facilitate the production, generation, transmission, delivery, underground storage, or furnishing of gas, natural or manufactured, except propane, for light, heat, or power.
The Public Utilities Act prohibits any gas corporation from beginning the construction of, among other things, a line, plant, or system, or of any extension thereof, without having first obtained from the commission a certificate that the present or future public convenience and necessity require or will require that construction.
This bill would explicitly include language in the provisions specific to the issuance of these certificates reiterating that the definition of gas plant, described above, applies to those provisions. This bill would make other nonsubstantive changes.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 1001 of the Public Utilities Code is
2amended to read:
begin insert(a)end insertbegin insert end insert No railroad corporation whose railroad is operated
4primarily by electric energy, street railroad corporation, gas
5corporation, electrical corporation, telegraph corporation, telephone
6corporation, water corporation, or sewer system corporation shall
7begin the construction of a street railroad, or of a line, plant, or
8system, or of any extension thereof, without having first obtained
9from the commission a certificate that the present or future public
10convenience and necessity require or will requirebegin delete suchend deletebegin insert
theend insert
11 construction.
12This
end delete
13begin insert(b)end insertbegin insert end insertbegin insertThisend insert article shall not be construed to require any such
14corporation to secure suchbegin insert aend insert certificate for an extension within any
15city or city and county within which it hasbegin delete theretoforeend deletebegin insert
previouslyend insert
16 lawfully commenced operations, or for an extension into territory
17either within or without a city or city and county contiguous to its
18street railroad, or line, plant, or system, and notbegin delete theretoforeend delete
19begin insert
previouslyend insert served by a public utility of like character, or for an
20extension within or to territory already served by it, necessary in
21the ordinary course of its business.begin delete Ifend delete
22begin insert(c)end insertbegin insert end insertbegin insertIfend insert any public utility, in constructing or extending its line,
23plant, or system, interferes or is about to interfere with the
24operation of the line, plant, or system of any other public utility
25or of the water system of a public agency, already constructed, the
26commission, on complaint of the public utility or public agency
27claiming to be injuriously affected,
may, after hearing, make such
28order and prescribe such terms and conditions for the location of
29the lines, plants, or systems affected as to it may seem just and
30reasonable.
31(d) For purposes of this article, “gas plant” shall have the same
32meaning as specified in Section 221.
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