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