BILL ANALYSIS �
AB 1541
Page 1
Date of Hearing: April 18, 2012
ASSEMBLY COMMITTEE ON GOVERNMENTAL ORGANIZATION
Isadore Hall, Chair
AB 1541 (Dickinson) - As Amended: April 16, 2012
SUBJECT : Public Utilities Commission: public records
SUMMARY : Provides that certain records, of, or filed, with the
Public Utilities Commission (PUC) are public records that shall
be subject to the California Public Records Act (CPRA), except
as specified. Specifically, this bill :
1)Exempts from disclosure security-related information,
proprietary business information, market-sensitive
information, and personally identifiable information of
employees or customers.
2)Provides that documents containing personally identifiable
information of employees or customers that are not exempt from
public disclosure 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.
3)Provides that any present or former officer or employee of the
commission who divulges any information pertaining to
security-related information, proprietary business
information, market-sensitive information, or personally
identifiable information of employees or customers, except as
specified, shall be guilty of a misdemeanor.
EXISTING LAW
1)The PRA governs disclosure of governmental records to the
public, upon request. Generally, all public records are open
to the public upon request unless the record requested is
exempt from public disclosure.
2)Provides the PUC with regulatory authority over public
utilities and authorizes it to establish its own procedures,
subject to statutory limitations and constitutional
requirements of due process.
3)Requires, under the Public Utilities Act (Act), the PUC to
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investigate the cause of all accidents occurring upon the
property of any public utility, resulting in loss of life or
injury to person or property and authorizes the PUC to make
any order or recommendation with respect to the investigation
that it determines to be just and reasonable.
4)Prohibits the PUC or an officer or employee of the PUC from
disclosing any information furnished to the PUC by a public
utility, a subsidiary, an affiliate, or corporation holding a
controlling interest in a public utility, unless the
information is specifically required to be open to the public
inspection under the Act, except on order of the PUC or a
commissioner in the course of a hearing or proceeding. A
violation of that provision is a crime.
FISCAL EFFECT : Unknown
COMMENTS :
Explosions in Rancho Cordova and San Bruno : On December 24,
2008 a gas pipeline explosion occurred in the Sacramento Suburb
of Rancho Cordova, killing one person and injuring five others.
On September 9, 2010 a gas pipeline explosion in the San
Francisco suburb of San Bruno killed eight people, injured more
than 50 people and destroyed 37 homes.
Following these explosions, consumer advocacy organizations and
the Legislature had to pressure the PUC to release information
pertaining to accident investigations and public safety. Many of
these documents subsequently exposed a culture of cutting
corners at gas utility companies that put public at risk and
lapses in oversight of utility companies by the PUC.
Author's statement : 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 in line with the policy and practice of other public
agencies in California."
Arguments in support : The Utility Reform Network (TURN) states
that, "contrary to State policy as expressed in the CPRA,
current law shields from disclosure records submitted by the
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public utilities regulated by the PUC. In practice, this means
that, if a utility wants to keep a document from the public, it
merely needs to label the document as confidential. Anyone who
learns about the existence of the document has to go to the
considerable time and effort to file pleadings with the PUC and
wait potentially weeks for a commissioner for decide if the
document may be revealed to the public. Adopting AB 1541 will
go a long way to restoring public confidence in the CPUC and
regulated utilities by making the process of decision making far
more transparent to the general public."
Related legislation :
SB 1000 (Yee), 2011-2012 Legislative Session ( pending in the
Senate Energy Committee). The bill would subject the PUC to the
PRA.
Prior Legislation :
SB 1488 (Bowen), Chapter 690, Statutes of 2005. The bill
requires the PUC to initiate a proceeding to review its public
disclosure practices.
REGISTERED SUPPORT / OPPOSITION :
Support
The Utility Reform Network
Opposition
None on file
Analysis Prepared by : Felipe Lopez / G. O. / (916) 319-2531