BILL NUMBER: SB 1488	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 9, 2004
	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  
Existing provisions of the Public Utilities Act require every 
public utility  is required  to furnish reports as
the commission may require.  Existing law, with certain
exceptions, requires each electrical corporation subject to
regulation by the commission to submit prescribed procurement plans
for review and approval by the commission. Existing law requires the
commission to adopt procedures to ensure confidentiality of market
sensitive information in proposed procurement plans or resulting
from, or related to, procurement plans approved by the commission,
including procedures for access by the Office of Ratepayer Advocates
and consumer groups that are nonmarket participants.   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 require the commission to designate by
order that a category of information 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.
 
   This bill would require the commission to initiate proceedings to
examine its practices with respect to these confidentiality
requirements and the California Public Records Act to ensure that
these practices provide for meaningful public participation and open
decisionmaking. 
   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 

  SECTION 1.  The Public Utilities Commission shall initiate a
proceeding to examine its practices under Sections 454.5 and 583 of
the Public Utilities Code and the California Public Records Act
(Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1
of the Government Code) to ensure that the commission's practices
under these laws provide for meaningful public participation and open
decisionmaking.   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) 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 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.