BILL NUMBER: AB 840	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 10, 2003

INTRODUCED BY   Assembly Member Calderon

                        FEBRUARY 20, 2003

   An act to add Section 1769 to the Public Utilities Code, relating
to public utilities.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 840, as amended, Calderon.  Public Utilities Commission:
evidence: orders or decisions:  review.
   Under existing law, the  commission   Public
Utilities Commission  is not required to apply the technical
rules of evidence to hearings, investigations, and proceedings, which
are governed by certain existing law and by rules of practice and
procedure adopted by the commission.
   Existing law provides for judicial review of an order or decision
of the Public Utilities Commission in the courts of appeal or Supreme
Court, and requires the writ of mandamus to lie from the Supreme
Court and from the court of appeal to the commission in all proper
cases as prescribed in a specified section of the Code of Civil
Procedure.
   This bill would require all evidence in any  ratemaking,
 adjudication  , or quasi-legislative case 
to be taken in accordance with certain existing law governing
evidence in administrative proceedings.  The bill would 
authorize   require  judicial review of 
any   a  decision of the commission 
pursuant to other additional provisions of the Code of Civil
Procedure pertaining to the writ of mandamus   upon the
verified petition of the party beneficially interested, that there is
no other plain, speedy, and adequate remedy.  The bill would also
require judicial review upon the verified petition of the party
beneficially interested, that the decision relies on reasoning that
misconstrues, misinterprets, or misapplies a relevant statutory
provision or that it relies on unconstitutional or unenforceable
statutory provisions  .  The bill would require the commission
to amend its rules of practice and procedure in accordance with the
requirements of this bill.
   Vote:  majority.  Appropriation:  no.  Fiscal committee:  yes.
State-mandated local program:  no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 1769 is added to the Public Utilities Code, to
read:  
   (a)  
   1769.  (a)  Notwithstanding Section 1701, all evidence in any
 ratemaking,  adjudication  , or
quasi-legislative case  shall be taken in accordance with
Section 11513 of the Government Code.  
   1769.  
   (b) Notwithstanding any other provision of this article, 
including, but not limited to, Section 1759,  judicial
review of  any   a  decision of the
commission  may   shall  be had 
pursuant to Chapter 2 (commencing with Section 1084) of Title 1 of
Part 3 of the Code of Civil Procedure.   upon the
verified petition of the party beneficially interested, under either
of the following circumstances:
   (1) Petitioner has no plain, speedy, or adequate remedy in the
ordinary course of law.
   (2) The petition challenges the decision on either of the
following grounds:
   (A) The decision relies on reasoning that misconstrues,
misinterprets, or misapplies a relevant statutory provision.
   (B) The decision relies on a statutory provision that is
unconstitutional, or unenforceable on the basis that federal law or
federal regulation prohibits its enforcement.   
   (c) The commission shall amend its rules of practice and procedure
in accordance with this section.