SB 1049, as introduced, Hill. Electricity: accident investigations.
Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including electrical corporations. Existing law requires the commission to adopt inspection, maintenance, repair, and replacement standards for the distribution systems of electrical corporations in order to provide high quality, safe, and reliable service. Existing law requires every electrical corporation to cooperate fully with the commission in an investigation into any major accident or any reportable incident, as defined by the commission, concerning overhead electric supply facilities, regardless of pending litigation or other investigations, including those that may be related to a commission investigation. Existing law requires every electrical corporation to provide the commission, upon its request, immediate access to specified documents, including any and all documents under the electrical corporation’s control that are related to the incident and are not subject to attorney-client privilege or attorney work product doctrine.
This bill would require every electrical corporation to cooperate fully with the commission in an investigation into any major accident or any reportable incident concerning any electric supply facilities, rather than only overhead electric supply facilities. The bill would require an electrical corporation seeking to protect commission requested documents related to an accident or reportable incident from disclosure under the attorney-client privilege or attorney work product doctrine to bring a motion for protective order. The bill would establish procedures for making the motion, deciding the motion, and commission and judicial review of that decision.
Under existing law, a violation of the Public Utilities Act or any order, decision, rule, direction, demand, or requirement of the commission is a crime.
Because the provisions of this bill would be a part of the act and because a violation of an order or decision of the commission implementing its requirements would be a crime, the bill would impose a state-mandated local program by creating a new crime.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 316 of the Public Utilities Code is
2amended to read:
(a) Each electrical corporation shall cooperate fully with
4the commission in an investigation into any major accident or any
5reportable incident, as these terms are defined by the commission,
6concerningbegin delete overheadend delete electric supply facilities, regardless of pending
7litigation or other investigations, including, but not limited to,
8those that may be related to a commission investigation.
9(b) After the scene of the incident has been made safe and
10service has been restored, each electrical corporation shall provide
11the commission, upon its request, immediate access to all of the
12following:
13(1) Any factual or physical evidence
under the electrical
14corporation’s, or its agent’s, physical control, custody, or
15possession related to the incident.
16(2) The name and contact information of any known percipient
17witness.
18(3) Any employee percipient witness under the electrical
19corporation’s control.
P3 1(4) The name and contact information of any person or entity
2that has taken possession of any physical evidence removed from
3the site of the incident.
4(5) Any and all documents under the electrical corporation’s
5control that are related to the incident and are not subject to
6attorney-client privilege or attorney work product doctrine.
7(c) In
order to prevent disclosure of documents requested by
8the commission pursuant to paragraph (5) of subdivision (b) under
9the attorney-client privilege or attorney work product doctrine,
10an electrical corporation shall bring a motion for protective order
11for a declaration that the documents not be produced. A motion
12for protective order shall be made promptly, within 10 working
13days of a request for production of documents, or shall be denied
14as untimely. If a proceeding investigating the accident or
15reportable incident has been opened and an administrative law
16judge has been assigned for the proceeding, the motion for
17protective order shall be filed with the assigned administrative
18law judge. If no proceeding has been opened or no administrative
19law judge has been assigned to the proceeding, the motion for
20protective order shall be filed with the chief administrative law
21judge of the commission. The chief administrative law judge or
22assigned administrative law judge shall hear and decide the motion
23for
protective order promptly, within 10 working days of the filing
24of the motion. Notwithstanding Section 1731, if the motion for
25protective order is denied, or denied in part, the electrical
26corporation may seek a writ of review without having brought a
27motion for reconsideration. Notwithstanding the 30-day time period
28of subdivision (a) of Section 1756, any writ of review shall be
29brought promptly, within 10 working days of service of the order
30denying, or denying in part, the motion for protective order, or it
31shall be denied as untimely. If the chief administrative law judge
32or assigned administrative law judge grants the motion for
33protective order, in whole or in part, the division of the commission
34responsible for investigating the accident or reportable incident
35shall either amend its request for documents to exclude those
36documents that are protected from disclosure or shall seek a
37rehearing before the full commission pursuant to Article 2
38(commencing with Section 1731) of Chapter 9. The commission
39may
shorten the time for hearing of the motion for rehearing
40pursuant to this paragraph. An electrical corporation may,
P4 1pursuant to Section 1756, seek a writ of review from the order of
2the commission on the motion for rehearing, except that the writ
3shall be brought within 10 working days of the date of the order,
4or shall be denied as untimely.
5(c)
end delete
6begin insert(d)end insert Each electrical corporation shall preserve any and all
7documents or evidence it collects as part of its own investigation
8related to the incident for at least five years or a shorter period of
9time as authorized by the commission.
10(d)
end delete
11begin insert(e)end insert Any and all documents collected by an electrical corporation
12pursuant to this section shall be catalogued and preserved in an
13accessible manner for assessment by commission investigators as
14determined by the commission.
No reimbursement is required by this act pursuant to
16Section 6 of Article XIII B of the California Constitution because
17the only costs that may be incurred by a local agency or school
18district will be incurred because this act creates a new crime or
19infraction, eliminates a crime or infraction, or changes the penalty
20for a crime or infraction, within the meaning of Section 17556 of
21the Government Code, or changes the definition of a crime within
22the meaning of Section 6 of Article XIII B of the California
23Constitution.
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