BILL NUMBER: SB 1488	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 25, 2004
	AMENDED IN SENATE  APRIL 26, 2004
	AMENDED IN SENATE  MARCH 30, 2004

INTRODUCED BY   Senator Bowen

                        FEBRUARY 19, 2004

   An act to amend Section 583 of the Public Utilities Code, relating
to the Public Utilities Commission.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1488, as amended, Bowen.  Public Utilities Commission: public
information.
   Under existing law, the Public Utilities Commission has regulatory
authority over public utilities.  Every public utility is required
to furnish  such  reports as the commission may
require.  No information furnished to the commission by a public
utility, except those matters specifically required to be open to
public inspection, are open to public inspection or made public
except by order of the commission or a commissioner in the course of
a hearing or proceeding.  Any present or former officer or employee
of the commission who divulges any information in violation of these
provisions is guilty of a misdemeanor.
   This bill would provide that all information furnished to the
commission by a public utility, except those matters specifically
required to be closed to public inspection, are open to public
inspection and may not be withheld from public inspection except by
order of the commission or a commissioner in the course of a hearing
or proceeding.  The bill would  authorize  
require  the commission to  designate by  order that
 certain categories   a category  of
information  be   is  confidential if the
commission finds that the public interest served by not disclosing
the information clearly outweighs the public interest served by
disclosure.  The bill would further provide that any present or
former officer or employee of the commission who divulges information
made confidential by the commission is guilty of a misdemeanor.
   Vote:  majority.  Appropriation:  no.  Fiscal committee:  yes.
State-mandated local program:  no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 583 of the Public Utilities Code is amended to
read:
   583.  (a) All information furnished to the commission by a public
utility, or any business which is a subsidiary or affiliate of a
public utility, or a corporation which holds a controlling interest
in a public utility, except those matters specifically required to be
closed to public inspection by this part, shall be open to public
inspection and may not be withheld from public inspection except on
order of the commission, or by the commission or a commissioner in
the course of a hearing or proceeding. 
   (b) The commission may, by order, designate certain categories of
information as confidential, if it finds that the public interest
 
   (b) If the commission finds there is a category of information
where the public interest  served by not disclosing the
information clearly outweighs the public interest served by
disclosure of the information  , the commission, by order, shall
designate that category of information as confidential  .
   (c) Any present or former officer or employee of the commission
who divulges information made confidential by the commission is
guilty of a misdemeanor.
   (d) Nothing in this section authorizes  disclosure of
information that is   the disclosure of information that
is determined by the commission to be either of the following:
   (1) Information  exempt from disclosure under the California
Public Records Act (Chapter 3.5 (commencing with Section 6250) of
Division 7 of Title 1 of the Government Code).   
   (2) Market sensitive information, including, but not limited to,
information the commission determines is protected pursuant to
Section 454.5.