BILL NUMBER: SB 766	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Morrell

                        FEBRUARY 27, 2015

   An act to amend Section 1804 of the Public Utilities Code,
relating to the Public Utilities Commission.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 766, as introduced, Morrell. Public Utilities Commission:
intervenor fees: customers.
   Under existing law, the Public Utilities Commission has regulatory
authority over public utilities and can establish its own
procedures, subject to statutory limitations or directions and
constitutional requirements of due process. Existing law provides
compensation for reasonable advocate's fees, reasonable expert
witness fees, and other reasonable costs to public utility customers,
as defined, for participation or intervention in any proceeding of
the commission. The public utility that is the subject of the
hearing, investigation, or proceeding is required to pay these
intervenor fees. Existing law requires a customer who intends to seek
an award for intervenor fees to timely file and serve on all parties
to the proceeding a notice of intent to claim compensation,
containing specified information.
   This bill would make a nonsubstantive change to the filing
requirement.
   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 1804 of the Public Utilities Code is amended to
read:
   1804.  (a) (1) A customer who intends to seek an award under this
article shall, within 30 days after the prehearing conference is
held, file and serve on all parties to the proceeding a notice of
intent to claim compensation. In cases where no prehearing conference
is  scheduled   scheduled,  or where the
commission anticipates that the proceeding will take less than 30
days, the commission may determine the procedure to be used in filing
these requests. In cases where the schedule would not reasonably
allow parties to identify issues within the timeframe set forth
above, or where new issues emerge subsequent to the time set for
filing, the commission may determine an appropriate procedure for
accepting new or revised notices of intent.
   (2) (A) The notice of intent to claim compensation shall include
both of the following:
   (i) A statement of the nature and extent of the customer's planned
participation in the proceeding as far as it is possible to set it
out when the notice of intent is filed.
   (ii) An itemized estimate of the compensation that the customer
expects to request, given the likely duration of the proceeding as it
appears at the time.
   (B) The notice of intent may also include a showing by the
customer that participation in the hearing or proceeding would pose a
significant financial hardship. Alternatively, such a showing shall
be included in the request submitted pursuant to subdivision (c).
   (C) Within 15 days after service of the notice of intent to claim
compensation, the administrative law judge may direct the staff, and
may permit any other interested party, to file a statement responding
to the notice.
   (b) (1) If the customer's showing of significant financial
hardship was included in the notice filed pursuant to subdivision
(a), the administrative law judge, in consultation with the assigned
commissioner, shall issue within 30 days thereafter a preliminary
ruling addressing whether the customer will be eligible for an award
of compensation. The ruling shall address whether a showing of
significant financial hardship has been made. A finding of
significant financial hardship shall create a rebuttable presumption
of eligibility for compensation in other commission proceedings
commencing within one year of the date of that finding.
   (2) The administrative law judge may, in any event, issue a ruling
addressing issues raised by the notice of intent to claim
compensation. The ruling may point out similar positions, areas of
potential duplication in showings, unrealistic expectation for
compensation, and any other matter that may affect the customer's
ultimate claim for compensation. Failure of the ruling to point out
similar positions or potential duplication or any other potential
impact on the ultimate claim for compensation shall not imply
approval of any claim for compensation. A finding of significant
financial hardship in no way ensures compensation. Similarly, the
failure of the customer to identify a specific issue in the notice of
intent or to precisely estimate potential compensation shall not
preclude an award of reasonable compensation if a substantial
contribution is made.
   (c) Following issuance of a final order or decision by the
commission in the hearing or proceeding, a customer who has been
found, pursuant to subdivision (b), to be eligible for an award of
compensation may file within 60 days a request for an award. The
request shall include at a minimum a detailed description of services
and expenditures and a description of the customer's substantial
contribution to the hearing or proceeding. Within 30 days after
service of the request, the commission staff may file, and any other
party may file, a response to the request.
   (d) The commission may audit the records and books of the customer
to the extent necessary to verify the basis for the award. The
commission shall preserve the confidentiality of the customer's
records in making its audit. Within 20 days after completion of the
audit, if any, the commission shall direct that an audit report shall
be prepared and filed. Any other party may file a response to the
audit report within 20 days thereafter.
   (e) Within 75 days after the filing of a request for compensation
pursuant to subdivision (c), or within 50 days after the filing of an
audit report, whichever occurs later, the commission shall issue a
decision that determines whether or not the customer has made a
substantial contribution to the final order or decision in the
hearing or proceeding. If the commission finds that the customer
requesting compensation has made a substantial contribution, the
commission shall describe this substantial contribution and shall
determine the amount of compensation to be paid pursuant to Section
1806.