BILL ANALYSIS                                                                                                                                                                                                    




                                                                  AB 1735
                                                                  Page A
          Date of Hearing:  April 28, 2003

                    ASSEMBLY COMMITTEE ON UTILITIES AND COMMERCE
                                 Sarah Reyes, Chair
           AB 1735 (Assembly Utilities & Commerce Committee) - As Amended:  
                                    April 24, 2003
           
          SUBJECT  :  Public Utilities Commission: ratesetting and  
          quasi-legislative cases.

           SUMMARY  :  Requires the California Public Utilities Commission  
          (PUC) to resolve a ratesetting or quasi-legislative case within  
          18 months of the date of filing.  Specifically,  this bill  :

          1)Requires PUC to resolve a ratesetting or quasi-legislative  
            case within 18 months of the date of filing, unless PUC makes  
            a written determination the deadline cannot be met and issues  
            an order extending that deadline.  

          2)Specifies that if PUC issues an order extending a deadline in  
            a public utility's general rate case proceeding for reasons  
            not caused by the utility, then the utility's test year  
            results of operations and rates shall be effective as of the  
            first day of the first test year. 

          3)Provides that if a rehearing of a ratesetting or  
            quasi-legislative case is granted, the parties shall have an  
            opportunity for final oral argument.

          EXISTING LAW  requires:

          1)PUC to determine whether a proceeding requires a hearing, and,  
            if so, whether it will be a quasi-legislative<1> or  
            ratesetting hearing,<2> or an adjudication.<3>

          2)PUC to resolve adjudication cases within 12 months of filing,  
          ---------------------------
          <1> Quasi-legislative hearings establish policy, including  
          rulemakings and investigations, and may result in adoption of  
          rules affecting an entire industry.

          <2> In ratesetting hearings, rates are established for a  
          specific company.

          <3> Adjudications are enforcement cases and complaints.









                                                                  AB 1735
                                                                  Page B
            unless PUC makes a written determination that the deadline  
            cannot be met and issues an order extending the deadline.

          3)PUC to issue a decision within 60 days after a proposed  
            decision is served, in ratesetting and quasi-legislative  
            matters, except that, under extraordinary circumstances, PUC  
            may extend that date for a reasonable time. 

           FISCAL EFFECT  :  Unknown.

           COMMENTS  :

          PUC's decision-making processes were last examined  
          comprehensively in 1996 in conjunction with the electric  
          restructuring effort.  At that time, concerns were raised about  
          the lack of involvement by commissioners in developing the  
          record and making the decisions, potential conflicts of  
          interest, and a lack of timely decisions. 

          SB 960 (Leonard), Chapter 856, Statutes of 1996, attempted to  
          address those concerns by establishing the three categories of  
          cases described above, creating ex-parte communication rules,  
          establishing the Office of the Ratepayer Advocate whose director  
          serves at the pleasure of the Governor, and encouraging much  
          greater participation by, and access to, commissioners.  

          SB 960 (Leonard) also provided an uncodified statement of  
          legislative intent, stating in part that:

             "It is further the intent of the Legislature that the  
             Public Utilities Commission establish reasonable time  
             periods for the resolution of proceedings, that it meet  
             those deadlines, that those deadlines not exceed 18 months  
             and be consistent with the rate case plans, whichever is  
             shorter."

           This bill  codifies the 18-month deadline for ratesetting and  
          quasi-legislative proceedings.  

           PUC requests amendments
           
          The PUC requests 2 amendments to this bill.  First, PUC suggests  
          that many times there are proceedings that can be expected to be  
          quite complex and produce several decisions, and asks that this  
          bill be amended to allow PUC to identify those proceedings at  









                                                                  AB 1735
                                                                  Page C
          the outset and exempt them from the required timeline. 

          This bill allows PUC to identify proceedings in which the  
          18-month deadline for final resolution cannot be met, but the  
          suggested change from PUC would allow PUC to decide up front  
          that a case would be excluded from case resolution deadlines,  
          which runs counter to the intent of this bill to improve PUC  
          accountability and case resolution backlog.

          Second, PUC asks that this bill be amended to leave unchanged  
          PUC's own procedures for handling rehearings in ratesettings and  
          quasi-legislative hearings, which differs from procedures in  
          place for adjudication cases.  This request is well taken.   
          Given that ratesetting cases are not enforcement cases, the  
          rehearing protections afforded litigants in adjudication cases  
          do not appear essential to fair resolution of ratesetting cases.  
           This bill will be amended to reflect this.

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          California Public Utilities Commission (if amended)
          SBC

           Opposition 
           
          None on file

           
          Analysis Prepared by  :    Paul Donahue / U. & C. / (916) 319-2083