BILL NUMBER: SB 1414	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Kehoe

                        FEBRUARY 19, 2010

   An act to amend Section 1733 of the Public Utilities Code,
relating to the Public Utilities Commission.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1414, as introduced, Kehoe. Public Utilities Commission:
procedures: rehearings.
   Under existing law, the Public Utilities Commission (CPUC) has
regulatory authority over public utilities and can establish its own
procedures, subject to statutory limitations or directions and
constitutional requirements of due process. Existing law authorizes
any party to an action or proceeding, or any stockholder or
bondholder or other party pecuniarily interested in the public
utility affected by an order or decision of the CPUC, to apply for a
rehearing with respect to any matter determined in the action or
proceeding and specified in the application for rehearing. Existing
law prohibits a cause of action arising out of any order or decision
of the CPUC from accruing in a court to a corporation or person
unless the corporation or person has filed an application to the CPUC
for a rehearing within a specified amount of time after the date of
issuance of the order or decision.
   Existing law provides that any application for a rehearing made 10
days or more before the effective date of a CPUC order as to which a
rehearing is sought, shall be either granted or denied before the
effective date of the order, or the order is suspended until the
application is granted or denied. Existing law provides that, absent
a further order of the CPUC, the suspension ceases after 60 days, the
order becomes effective, and the party making the application is
authorized to take the application as having been denied.
   This bill, for an application for rehearing made 10 days or more
before the effective date of the CPUC order as to which a rehearing
is sought, would delete the provision that the suspension ceases
after 60 days if the application is not granted or denied before its
effective date, thereby indefinitely suspending the effective date of
the order until the CPUC either grants or denies the application.
   Existing law provides that if the application for rehearing is
made less than 10 days before the effective date of the order as to
which a rehearing is sought, and the application is not granted
within 60 days, the party making the application is authorized to
take the application as having been denied, unless the effective date
of the order is extended for the period of the pendency of the
application.
   This bill, for an application for rehearing made less than 10 days
before the effective date of the CPUC order as to which a rehearing
is sought, would provide that if the CPUC has not acted upon the
application within 120 days, the application is deemed granted and
the order is suspended until the application is granted or denied.
   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 1733 of the Public Utilities Code is amended to
read:
   1733.  (a) Any application for a rehearing made 10 days or more
before the effective date of the order as to which a rehearing is
sought, shall be either granted or denied before the effective date,
or the order shall stand suspended until the application is granted
or  denied; but, absent further order of the commission the
order shall not stand so suspended for more than 60 days after the
date of filing of the application, at which time the suspension shall
lapse, the order shall become effective, and the application may be
taken by the party making it to be  denied.
   (b) Any application for a rehearing made within less than 10 days
before the effective date of the order as to which a rehearing is
sought, and not  granted within 60 days, may be taken by the
party making the application to be denied, unless the effective date
of the order is extended for the period of the pendency of the
application   acted upon within 120 days shall be deemed
granted, and the order shall stand suspended until the application
is granted or denied  .