BILL NUMBER: SB 1441	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Leno

                        FEBRUARY 19, 2010

   An act to amend Section 728 of the Public Utilities Code, relating
to public utilities.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1441, as introduced, Leno. Public utilities: rates.
   Existing law authorizes the Public Utilities Commission to fix the
rates and charges for every public utility, and requires that those
rates and charges be just and reasonable. Existing law provides that
whenever the commission, after a hearing, finds that the rates
charged by a public utility for services are insufficient, unlawful,
unjust, unreasonable, discriminatory, or preferential, the commission
is required to determine and fix, by order, the just, reasonable, or
sufficient rates to be thereafter observed and in force.
   This bill would make technical, nonsubstantive changes to those
provisions.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

  SECTION 1.  Section 728 of the Public Utilities Code is amended to
read:
   728.  Whenever the commission, after a hearing, finds that the
rates or classifications  ,  demanded, observed,
charged, or collected by any public utility for or in connection with
any service, product, or commodity, or the rules, practices, or
contracts affecting  such   those  rates or
classifications are insufficient, unlawful, unjust, unreasonable,
discriminatory, or preferential, the commission shall determine and
fix, by order, the just, reasonable, or sufficient rates,
classifications, rules, practices, or contracts to be thereafter
observed and in force.
   In determining and fixing rates for a telephone corporation
pursuant to this section or pursuant to Section 455, or in
determining whether or not a proposed rate increase is justified
pursuant to Section 454, the commission shall, among other things,
take into consideration any evidence offered concerning the quality
of the particular telephone corporation's services as compared with
that of telephone corporations in adjacent territory, and the
permissible rates for comparable service charged by telephone
corporations in adjacent territory.