BILL ANALYSIS
SB 1414
Page 1
SENATE THIRD READING
SB 1414 (Kehoe)
As Amended August 20, 2010
Majority vote
SENATE VOTE :31-0
UTILITIES & COMMERCE 14-0
APPROPRIATIONS 12-0
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|Ayes:|Bradford, Tom Berryhill, |Ayes:|Fuentes, Bradford, |
| |Buchanan, Carter, | |Huffman, Coto, Davis, De |
| |Fletcher, Fong, Fuentes, | |Leon, Gatto, Hall, |
| |Fuller, Furutani, | |Skinner, Solorio, |
| |Huffman, Ma, Skinner, | |Torlakson, Torrico |
| |Swanson, Villines | | |
| | | | |
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SUMMARY : Clarify the timeline and manner in which the
California Public Utilities Commission (PUC) may extend the
review period for a rehearing application.
FISCAL EFFECT : Establishing a 120-day deadline for rehearing
applications, though this timeline can be extended by commission
action, will create workload-related cost pressures. If up to
two full-time attorney positions are needed to meet this
deadline, annual costs to the commission would be up to
$290,000. [Public Utilities Reimbursement Account]
COMMENTS : Under current law, parties and certain other
entities are directly affected by an action, decision, or order
of PUC may apply to PUC in order to have a rehearing on their
matter of concern. Moreover, a party may petition a state
appellate court or the state Supreme Court to review a PUC
decision, but the party must first seek a rehearing by PUC.
PUC has no statutory deadline to act on rehearing applications.
However, parties are allowed to file a writ of review after 60
days if PUC has not acted upon rehearing application. Often,
PUC will ask the court to stay any action until PUC rules on the
application for rehearing. Under this scenario, the court,
exercising its discretion, generally declines review until PUC
acts within a court given timeline.
SB 1414
Page 2
During this period of delay, the underlying PUC decision remains
in effect. Existing law provides that a rehearing application
"shall not excuse any corporation or person from complying with
and obeying any order" of PUC nor shall an application for
rehearing "operate in any manner to stay or postpone the
enforcement" of that order, unless PUC orders a stay.
This bill provides that if the PUC has not acted upon a
rehearing application filed on or after January 1, 2011, within
120 days, the PUC by order may extend the period for action upon
the application. Any single order shall not extend the review
period for more than an additional 120 days. This "extension by
order" provision may increase the visibility and highlight for
the commissioners those cases that are still outstanding which
may help PUC with managing the backlog. In any case, if PUC
orders an extension, a party is not precluded from exercising
its right to take the case to court.
Analysis Prepared by : DaVina Flemings / U. & C. / (916)
319-2083
FN: 0006553