BILL NUMBER: SB 1414	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 13, 2010
	AMENDED IN SENATE  MARCH 25, 2010

INTRODUCED BY   Senator Kehoe

                        FEBRUARY 19, 2010

   An act to amend  Sections 1733 and 1735  
Section 1733  of the Public Utilities Code, relating to the
Public Utilities Commission.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1414, as amended, 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 would require that an application for rehearing made
less than 10 days before the effective date of the CPUC order as to
which a rehearing is sought, be acted upon within 120 days. The bill
would provide that if the application is not acted upon within 120
days, the  order is suspended until the application is
granted or denied. The bill would make other conforming changes
  application is deemed to be denied by operation of law
 .
   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 be suspended until the application is granted or
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 shall be acted upon within 120 days. If the application is not
acted upon within 120 days, the  order as to which a
rehearing is sought shall be suspended until the application is
granted or denied.  application shall be deemed denied
by operation of law.  
  SEC. 2.    Section 1735 of the Public Utilities
Code is amended to read:
   1735.  An application for rehearing shall not excuse any
corporation or person from complying with and obeying any order or
decision, or any requirement of any order or decision of the
commission theretofore made, or operate in any manner to stay or
postpone the enforcement thereof, except in such cases and upon such
terms as the commission by order directs or as provided in Section
1733.