BILL NUMBER:  SB 1414
  VETOED	DATE: 09/29/2010




To the Members of the California State Senate:

I am returning Senate Bill 1414 without my signature.

This bill provides that if the California Public Utilities Commission
(CPUC) fails to act on an application for rehearing within 120 days,
the CPUC may vote to extend the deadline by an additional 120 days.

Under current practice, the CPUC has 60 days to act on a petition for
rehearing of a decision.  A party who brings an action in California'
s backlogged courts is admonished by the court for filing their writ
before the 60 days have run.  Under this bill, I expect that the
courts will not alter their practice, except that now a party will
have to endure 120 days of CPUC inaction before they can make their
filing.

I am concerned that the provisions of this bill undercut a party's
ability to go to court if the commission has not acted within 60
days.  Party's who do business before the CPUC deserve the right to
decision and the right to appeal a decision, or lack thereof, to the
courts.  But at the end of the day, the base problem remains the same
- there is a large backlog of petitions at the CPUC today and steps
should be taken to reduce the average time it takes them to resolve a
petition for rehearing.  This bill does not address that problem.

For these reasons, I am unable to sign this bill.

Sincerely,



Arnold Schwarzenegger