SB 1409,
as amended, Hill. Publicbegin delete utilities: rates.end deletebegin insert Utilities Commission: publicly available information: fixing of rates.end insert
The California Constitution establishes the Public Utilities Commission with regulatory authority over public utilities and authorizes the commission to establish its own procedures, subject to statutory limitations or directions and constitutional requirements of due process. The Public Utilities Act requires the commission to publish and maintain certain documents and information and make specified materials available on the commission’s Internet Web site.
end insertbegin insertThis bill would require the commission to publish and maintain on its Internet Web site a succinct description of each safety investigation pending before the commission or concluded during the prior calendar year by the commission and require that the description include the reason for the investigation, the facility type involved, and the owner of the facility.
end insertbegin insertThe California Constitution authorizes the commission to fix the rates and charges for every public utility, while the Public Utilities Act requires that those rates and charges be just and reasonable and, with certain exceptions, prohibits a public utility from changing any rate, except upon a showing before the commission and a finding by the commission that the new rate is justified.
end insertbegin insertThe Public Utilities Act requires the commission to investigate the cause of all accidents occurring upon the property of any public utility or directly or indirectly arising from or connected with its maintenance or operation, resulting in loss of life or injury to person or property and requiring, in the judgment of the commission, investigation by it, and authorizes the commission to make any order or recommendation with respect to the investigation that it determines to be just and reasonable.
end insertbegin insertIf the commission opens an investigation into the cause of an accident resulting in loss of life or injury to person or property, this bill would require that the commission not recognize as being just and reasonable any expenditure by a public utility related to any final judgment, arbitration award, compromise, or other settlement related to the event under investigation before the commission completes its investigation.
end insertExisting 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 requires a public utility to furnish and maintain adequate, efficient, just, and reasonable service, instrumentalities, equipment, and facilities as are necessary to promote the safety, health, comfort, and convenience of its patrons, employees, and the public.
end deleteThis bill would make nonsubstantive revisions in these provisions.
end deleteVote: majority.
Appropriation: no.
Fiscal committee: begin deleteno end deletebegin insertyesend insert.
State-mandated local program: no.
The people of the State of California do enact as follows:
begin insertSection 311.5 of the end insertbegin insertPublic Utilities Codeend insertbegin insert is
2amended to read:end insert
(a) (1) Prior to commencement of any meeting at which
4commissioners vote on items on the public agenda the commission
5shall make available to the public copies of the agenda, and upon
6request, any agenda item documents that are proposed to be
7considered by the commission for action or decision at a
8commission meeting.
9(2) In addition, the commission shall publish the agenda, agenda
10item documents, and adopted decisions in a manner that makes
11copies of them easily available to the public, including publishing
P3 1those documents on the Internet. Publication of the agenda and
2agenda item documents shall occur on the Internet at the same
3time as the written agenda and agenda item documents are made
4
available to the public.
5(b) The commission shall publish and maintain the following
6documents on the Internet:
7(1) Each of the commission’s proposed and alternate proposed
8decisions and resolutions, until the decision or resolution is adopted
9and published.
10(2) Each of the commission’s adopted decisions and resolutions.
11The publication shall occur within 10 days of the adoption of each
12decision or resolution by the commission.
13(3) The then-current version of the commission’s general orders
14and Rules of Practice and Procedure.
15(4) A succinct description of each safety investigation pending
16before the
commission or concluded during the prior calendar
17year by the commission. The description shall include the reason
18for the investigation, the facility type involved, and the owner of
19the facility.
20(4)
end delete
21begin insert(5)end insert Each of the commission’s rulings. The commission shall
22maintain those rulings on its Internet Web site until final
23disposition, including disposition of any judicial appeals, of the
24respective proceedings in which the rulings were issued.
25(5)
end delete
26begin insert(6)end insert A docket card that lists, by title and date of filing or issuance,
27all documents filed and all decisions or rulings issued in those
28proceedings. The commission shall maintain the docket card until
29final disposition, including disposition of any judicial appeals, of
30the corresponding proceedings.
begin insertSection 731 is added to the end insertbegin insertPublic Utilities Codeend insertbegin insert, to
32read:end insert
If the commission opens an investigation pursuant to
34Section 315, the commission shall not recognize as being just and
35reasonable any expenditure by a public utility related to any final
36judgment, arbitration award, compromise, or other settlement
37related to the event under investigation before the completion of
38the investigation by the commission.
Section 451 of the Public Utilities Code is
40amended to read:
(a) All charges demanded or received by any public
2utility, or by any two or more public utilities, for any product or
3commodity furnished or to be furnished or any service rendered
4or to be rendered shall be just and reasonable. Every unjust or
5unreasonable charge demanded or received for that product or
6commodity or service is unlawful.
7(b) Every public utility shall furnish and maintain adequate,
8efficient, just, and reasonable service, instrumentalities, equipment,
9and facilities, including telephone facilities, as defined in Section
1054.1 of the Civil Code, as are necessary
to promote the safety,
11health, comfort, and convenience of its patrons, employees, and
12the public.
13(c) All rules made by public utility affecting or pertaining to its
14charges or service to the public shall be just and reasonable.
O
98