BILL ANALYSIS �
AB 1541
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Date of Hearing: April 9, 2012
ASSEMBLY COMMITTEE ON UTILITIES AND COMMERCE
Steven Bradford, Chair
AB 1541 (Dickinson) - As Amended: January 24, 2012
SUBJECT : Public Records Act: Public Utilities Commission and
regulated utilities
SUMMARY : This bill would subject certain actions by the
California Public Utilities Commission (PUC) to the Public
Record Act, repeal PUC nondisclosure requirements, and specify
exemptions for market sensitive information. Specifically, this
bill :
EXISTING LAW
1)Requires the PUC to adopt procures to ensure confidentiality
of market sensitive information;
2)Provides that no information provided to the PUC is open to
the public;
3)Prohibits PUC reports, orders, or recommendations related to
accidents from being admissible as evidence in any action for
damages.
4)Provides members of the public access to public records of
State agencies with exceptions for specified types of
information.
FISCAL EFFECT : Unknown
COMMENTS :
1)According to the author, "The explosions in Rancho Cordova and
San Bruno exposed the serious consequences of operating in
secrecy. The Legislature and the public should be able to
monitor the crucial services regulated by the PUC on an
ongoing basis. We should not have to wait for a brief glimpse
of transparency following another tragedy. This bill will
bring the PUC into line with the policy and practice of other
public agencies in California. This bill will require the PUC
to comply with the intent of the Public Records Act, that the
public be guaranteed access to government documents, unless
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the information meets specified criteria, such as endangering
the public by its release."
2)PUC oversight covers certain, but not all, electric, gas,
water, rail, and telecommunication industries.
3)The PUC frequently uses its authority to maintain
confidentiality as a tool with which to encourage extensive
data and information requests from the entities it regulates.
As a result, the PUC itself receives market sensitive and
proprietary data that aids in the development and
implementation of policies and regulations. In addition,
industry habitually provides data that is of a sensitive
nature related to matters of national security. A potential
unintended consequence of this proposed legislation would be
to make industry less forthcoming.
4)As written, the scope of this bill applies to the breadth of
the PUC's regulatory activities. The author may wish to
consider limiting the scope of this bill to those matters
related to accidents.
Suggested amendments :
On page 4, line 24, insert: Public Utilities, confidentiality
of information, Section 583, Public Utilities Code
On page 4, line 26, after "confidentiality of" strike out
individual identifiable customer or subscriber
One page 4, line 27, after "information" insert: submitted
pursuant to
On page 5, line 18, after "6254.7" insert: or 583 of the
Public Utilities Code
On page 7, in line 12, after "Code" insert: or Section 583 of
this code
On page 12, line 31, after "records of, or": insert
information furnished
On page 12, line 31, after "to" strike out: filed with
On page 12, in line 32, strike out "subject" and insert: made
available to the public, upon request, pursuant
On page 12, in line 34, strike out "except as provided in
Section", strike out line 35 and insert: unless exempted from
disclosure pursuant to that act, or if the records are one of
the following:
(a) Security-related information.
(b) Proprietary business information.
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(c) Market-sensitive information.
(d) Personally identifiable information of employees or
customers. Documents containing personally identifiable
information or employees or customers that are not exempt
from public disclosure pursuant to subdivisions (a), (b),
or (c), shall be redacted to maintain the confidentiality
of the personally identifiable information of employees or
customers, and shall be made public in their redacted form.
Any present or former officer or employee of the commission
who divulges any such information is guilty of a misdemeanor.
On page 12 beginning at line 36 and ending on page 13 line 37:
strike out
RELATED LEGISLATION: SB 1000 (Yee) would subject the PUC to the
Public Records Act.
REGISTERED SUPPORT / OPPOSITION :
Support
California Public Utilities Commission (CPUC) (if amended)
The Utility Reform Network (TURN)
Opposition
AT&T (unless amended)
California Association of Competitive Telecommunications
Companies (CALTEL) (unless amended)
California Cable & Telecommunications Association (CCTA) (unless
amended)
California Communications Association (CalCom) (unless amended)
CTIA - The Wireless Association (unless amended)
Frontier Communications (unless amended)
PacificCorp (unless amended)
San Diego Gas & Electric (SDG&E)
Sempra Energy Utilities
Southern California Edison (SCE)
Southern California Gas Company
Verizon (unless amended)
Analysis Prepared by : Susan Kateley / U. & C. / (916)
319-2083
AB 1541
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