Amended in Assembly September 4, 2015

Amended in Assembly August 28, 2015

Amended in Assembly July 7, 2015

Amended in Assembly June 24, 2015

Amended in Senate May 6, 2015

Amended in Senate April 14, 2015

Senate Bill No. 48

Introduced by Senator Hill

December 18, 2014

An act to amend Sections begin delete 305, end delete 306, begin delete 307, 308, end delete 311.5, 321.6, 765, 960, 1701, and 1759 of, to amend and renumber Sections 911 and 915 of, to amend, renumber, and add Section 910 of, and to add Sections 910.1, 911.1, 916.4, and 1711 to, the Public Utilities Code, relating to the Public Utilities Commission.

LEGISLATIVE COUNSEL’S DIGEST

SB 48, as amended, Hill. Public Utilities Commission.

(1) The California Constitution establishes the Public Utilities Commission, with jurisdiction over all public utilities. begin delete The California Constitution grants the commission certain general powers over all public utilities, subject to control by the Legislature, and authorizes the Legislature, unlimited by the other provisions of the Constitution, to confer additional authority and jurisdiction upon the commission that is cognate and germane to the regulation of public utilities. Existing law requires the Governor to designate the president of the commission from among its members and requires the president to direct the executive director, the attorney, and other staff of the commission, except for the Office of Ratepayer Advocates. Existing law authorizes the executive director and the attorney to undertake certain actions if directed or authorized by the president, except as otherwise directed or authorized by vote of the commission. end delete begin insert The Public Utilities Act provides that the office of the commission be in the City and County of San Francisco, that the office always be open, legal holidays and nonjudicial days excepted, that the commission hold its sessions at least once in each calendar month in the City and County of San Francisco, and authorizes the commission to also meet at those other times and places as may be expedient and necessary for the proper performance of its duties. end insert

begin delete

This bill would repeal the requirement that the president direct the executive director, the attorney, and other commission staff. The bill would delete the authority of the president to direct or authorize the executive director and attorney to undertake certain actions, thereby requiring that they be directed or authorized to undertake those actions by the commission.

end delete begin delete

(2) The Public Utilities Act provides that the office of the commission be in the City and County of San Francisco, that the office always be open, legal holidays and nonjudicial days excepted, that the commission hold its sessions at least once in each calendar month in the City and County of San Francisco, and authorizes the commission to also meet at those other times and places as may be expedient and necessary for the proper performance of its duties.

end delete

This bill would require that the commission hold its sessions at least once in each calendar month in the City and County of San Francisco or the City of Sacramento and would require that the commission hold no less than 6 sessions each year in the City of Sacramento.

begin delete

(3)

end delete

begin insert (2) end insert  The California Constitution authorizes the commission to establish its own procedures, subject to statutory limitations or directions and constitutional requirements of due process. Existing law requires the commission to determine whether a proceeding requires a hearing and, if so, to determine whether the matter requires a quasi-legislative, an adjudication, or a ratesetting hearing. For these purposes, quasi-legislative cases are cases that establish policy rulemakings and investigations which may establish rules affecting an entire industry, adjudication cases are enforcement cases and complaints except those challenging the reasonableness of any rates or charges, and ratesetting cases are cases in which rates are established for a specific company, including general rate cases, performance-based ratemaking, and other ratesetting mechanisms. Existing law requires the commission to publish and maintain certain documents on the Internet, including a docket card that lists all documents filed and all decisions or rulings issued in those proceedings, as provided.

This bill would make the Administrative Adjudication Code of Ethics applicable to administrative law judges of the commission. Except for in adjudication cases, the bill would require the commission, before instituting a proceeding on its own motion, where feasible and appropriate, to seek the views of those who are likely to be affected by a decision in the proceeding, including those who are likely to benefit from, and those who are potentially subject to, a decision in that proceeding. begin delete This end delete begin insert The end insert bill would require the commission to include a docket card that lists the public versions of all prepared written testimony and advice letter filings, protests, and begin delete responses. end delete begin insert responses on its Internet Web site. end insert The bill would require the commission to make additional information available on the Internet, including information on how members of the public and ratepayers can gain access to the commission’s ratemaking process.

begin delete

(4)

end delete

begin insert (3) end insert  The Public Utilities Act requires the commission to develop, publish, and annually update an annual workplan that does all of the following: (A) describes in clear detail the scheduled ratemaking proceedings and other decisions that may be considered by the commission during the calendar year, (B) begin delete include end delete begin insert includes end insert information on how members of the public and ratepayers can gain access to the commission’s ratemaking process and information regarding the specific matters to be decided, (C) begin delete include end delete begin insert includes end insert information on the operation of the office of the public adviser and begin delete identify end delete begin insert identifies end insert the names and telephone numbers of those contact persons responsible for specific cases and matters to be decided, and (D) begin delete include end delete begin insert includes end insert a statement that specifies activities that the commission proposes to reduce the costs of, and rates for, energy, including electricity, and for improving the competitive opportunities for state agriculture and other rural energy consumers. The act requires the commission to submit the workplan to the Governor and Legislature by February 1 of each year.

This bill would require the commission to develop, publish, and annually update a report that contains certain specified information, as provided, and would expand the requirement that the workplan, as part of that report, describe in clear detail the scheduled proceedings that may be considered by the commission during the calendar year to include all proceedings and not just ratemaking proceedings. The bill would additionally require that the report include performance criteria for the commission and executive director and evaluate the performance of the executive director during the previous year based on the criteria established in the prior year’s workplan.

The bill would require the president of the commission to present the annual report to the appropriate policy committees of the Senate and Assembly, and the commission to post the report in a conspicuous area of its Internet Web site and disseminate the information in the report, as provided. The bill would recast the report requirements and certain other requirements that the commission report information to an article in the Public Utilities Act pertaining to reports by the commission to the Legislature and make other conforming changes.

begin delete

(5)

end delete

begin insert (4) end insert  The Public Utilities Act requires the commission to create, and annually submit to the Governor and Legislature by February 1, a report on the number of cases where resolution exceeded the time periods prescribed in scoping memos and the days that commissioners presided in hearings.

This bill would delete the requirement that the report include the number of cases where resolution exceeded the time periods prescribed in scoping memos and instead would require the commission to annually submit a report to the Legislature on the commission’s timeliness in resolving cases and include information on the disposition of applications for rehearings. The bill would require that the report include the number of scoping memos issued in each proceeding and to include the number of orders issued extending the statutory deadlines for all adjudication, ratesetting, and quasi-legislative cases.

begin delete

(6)

end delete

begin insert (5) end insert  The California Constitution provides that the Legislature has plenary power to establish the manner and scope of review of commission action in a court of record. Existing law provides that only the Supreme Court and the court of appeal have jurisdiction to review, reverse, correct, or annul any order or decision of the commission or to suspend or delay the execution or operation thereof, or to enjoin, restrain, or interfere with the commission in the performance of its official duties.

This bill would authorize an action to enforce the requirements of the Bagley-Keene Open Meeting Act or the California Public Records Act to be brought against the commission in the superior court.

begin insert

(6) This bill would incorporate additional changes in Section 311.5 of the Public Utilities Code, proposed by AB 825, to be operative only if AB 825 and this bill are both chaptered and become effective on or before January 1, 2016, and this bill is chaptered last.

end insert

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.  

(a) The Legislature finds and declares all of the
following:

(1) On June 3, 2014, California’s Fourth District Court of
Appeal, in Disenhouse v. Peevey (2014) 226 Cal.App.4th 1096,
held that an interested person desiring to enforce the Bagley-Keene
Open Meeting Act (Article 9 (commencing with Section 11120)
of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government
Code) against the Public Utilities Commission must do so by filing
a petition for writ of mandamus in the Supreme Court or the court
of appeal and may not do so by filing an action for injunctive relief
in the superior court.

(2) The intent of the Bagley-Keene Open Meeting Act is that
actions of state agencies be taken openly and that their deliberation
be conducted openly.

(3) The people’s right to remain informed so that they may
retain control over the instruments of government that they have
created is not less of a right for some agencies than for other
agencies, nor shall the people’s ability to enforce the Bagley-Keene
Open Meeting Act be more hampered for some agencies than for
other agencies.

(4) The duties, responsibilities, and actions of the Public Utilities
Commission affect the well-being of current and future generations
and the public interest and principles of fundamental fairness and
due process of law require that the commission conduct its affairs
in an open, objective, and impartial manner, free of undue influence
and the abuse of power and authority.

(b) It is the intent of the Legislature that the Public Utilities
Commission should be subject to the judicial review provisions
of the Bagley-Keene Open Meeting Act.

begin delete

SEC. 2.  

Section 305 of the Public Utilities Code is amended
to read:

305.  

The Governor shall designate a president of the
commission from among the members of the commission. The
president shall preside at all meetings and sessions of the
commission.

end delete

begin delete SEC. 3. end delete
begin insert SEC. 2. end insert   

Section 306 of the Public Utilities Code is amended
to read:

306.  

(a) The office of the commission shall be in the City and
County of San Francisco. The office shall always be open, legal
holidays and nonjudicial days excepted. The commission shall
hold its sessions at least once in each calendar month in the City
and County of San Francisco or the City of Sacramento. The
commission may also meet at such other times and in such other
places as may be expedient and necessary for the proper
performance of its duties, and for that purpose may rent quarters
or offices. The commission shall hold no less than six sessions
each year in the City of Sacramento.

(b) The meetings of the commission shall be open and public
in accordance with the provisions of Article 9 (commencing with
Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of
the Government Code.

In addition to the requirements of Section 11125 of the
Government Code, the commission shall include in its notice of
meetings the agenda of business to be transacted, and no item of
business shall be added to the agenda subsequent to the notice in
the absence of an unforeseen emergency situation. A rate increase
shall not constitute an unforeseen emergency situation. As used
in this subdivision, “meeting” shall include all investigations,
proceedings, and showings required by law to be open and public.

(c) The commission shall have a seal, bearing the inscription
“Public Utilities Commission State of California.” The seal shall
be affixed to all writs and authentications of copies of records and
to such other instruments as the commission shall direct.

(d) The commission may procure all necessary books, maps,
charts, stationery, instruments, office furniture, apparatus, and
appliances.

begin delete

SEC. 4.  

Section 307 of the Public Utilities Code is amended
to read:

307.  

(a) The commission may appoint as attorney to the
commission an attorney at law of this state, who shall hold office
during the pleasure of the commission.

(b) The attorney shall represent and appear for the people of the
State of California and the commission in all actions and
proceedings involving any question under this part or under any
order or act of the commission. If directed to do so by the
commission, the attorney shall intervene, if possible, in any action
or proceeding in which any such question is involved.

(c) The attorney shall commence, prosecute, and expedite the
final determination of all actions and proceedings directed or
authorized by the commission, advise the commission and each
commissioner, when so requested, in regard to all matters in
connection with the powers and duties of the commission and the
members thereof, and generally perform all duties and services as
attorney to the commission that the commission may require of
him or her.

SEC. 5.  

Section 308 of the Public Utilities Code is amended
to read:

308.  

(a) The commission shall appoint an executive director,
who shall hold office during its pleasure. The executive director
shall be responsible for the commission’s executive and
administrative duties and shall organize, coordinate, supervise,
and direct the operations and affairs of the commission and
expedite all matters within the commission’s jurisdiction.

(b) The executive director shall keep a full and true record of
all proceedings of the commission, issue all necessary process,
writs, warrants, and notices, and perform any other duties the
commission prescribes. The commission may authorize the
executive director to dismiss complaints or applications when all
parties are in agreement thereto, in accordance with rules that the
commission may prescribe.

(c) The commission may appoint assistant executive directors
who may serve warrants and other process in any county or city
and county of this state.

end delete

begin delete SEC. 6. end delete
begin insert SEC. 3. end insert   

Section 311.5 of the Public Utilities Code is amended
to read:

311.5.  

(a) (1) Prior to commencement of any meeting at which
commissioners vote on items on the public agenda, the commission
shall make available to the public copies of the agenda, and upon
request, any agenda item documents that are proposed to be
considered by the commission for action or decision at a
commission meeting.

(2) In addition, the commission shall publish the agenda, agenda
item documents, and adopted decisions in a manner that makes
copies of them easily available to the public, including publishing
those documents on the Internet. Publication of the agenda and
agenda item documents shall occur on the Internet at the same
time as the written agenda and agenda item documents are made
available to the public.

(b) The commission shall publish and maintain the following
documents on the Internet:

(1) Each of the commission’s proposed and alternate proposed
decisions and resolutions, until the decision or resolution is adopted
and published.

(2) Each of the commission’s adopted decisions and resolutions.
The publication shall occur within 10 days of the adoption of each
decision or resolution by the commission.

(3) The then-current version of the commission’s general orders
and Rules of Practice and Procedure.

(4) Each of the commission’s rulings. The commission shall
maintain those rulings on its Internet Web site until final
disposition, including disposition of any judicial appeals, of the
respective proceedings in which the rulings were issued.

(5) A docket card that lists, by title and date of filing or issuance,
all documents filed and all decisions or rulings issued in those
proceedings, including the public versions of all prepared written
testimony and advice letter filings, protests, and responses. The
commission shall maintain the docket card until final disposition,
including disposition of any judicial appeals, of the corresponding
proceedings.

(c) The commission shall make the following information
available on the Internet:

(1) Information on how members of the public and ratepayers
can gain access to the commission’s ratemaking process and to
information regarding the specific matters to be decided.

(2) Information on the operation of the office of the public
advisor established in Section 321 and how the public advisor can
connect members of the public to persons responsible for specific
cases and matters to be decided.

begin insert

begin insert SEC. 3.5. end insert   

end insert

begin insert Section 311.5 of the end insert begin insert Public Utilities Code end insert begin insert is amended
to read: end insert

311.5.  

(a) (1) Prior to commencement of any meeting at which
commissioners vote on items on the public begin delete agenda end delete begin insert agenda, end insert the
commission shall make available to the public copies of the agenda,
and upon request, any agenda item documents that are proposed
to be considered by the commission for action or decision at a
commission meeting.

(2) In addition, the commission shall publish the agenda, agenda
item documents, and adopted decisions in a manner that makes
copies of them easily available to the public, including publishing
those documents on the Internet. Publication of the agenda and
agenda item documents shall occur on the Internet at the same
time as the written agenda and agenda item documents are made
available to the public.

(b) The commission shall publish and maintain the following
documents on the Internet:

(1) Each of the commission’s proposed and alternate proposed
decisions and resolutions, until the decision or resolution is adopted
and published.

(2) Each of the commission’s adopted decisions and resolutions.
The publication shall occur within 10 days of the adoption of each
decision or resolution by the commission.

(3) The then-current version of the commission’s general orders
and Rules of Practice and Procedure.

(4) Each of the commission’s rulings. The commission shall
maintain those rulings on its Internet Web site until final
disposition, including disposition of any judicial appeals, of the
respective proceedings in which the rulings were issued.

(5) A docket card that lists, by title and date of filing or issuance,
all documents filed and all decisions or rulings issued in those
begin delete proceedings. end delete begin insert proceedings, including the public versions of all
prepared written testimony and advice letter filings, protests, and
responses. end insert The commission shall maintain the docket card until
final disposition, including disposition of any judicial appeals, of
the corresponding proceedings. begin insert Each document that the commission
distributes to any service-of-process list shall be docketed and
identified on the commission’s Internet Web site. end insert

begin insert

(c) The commission shall make the following information
available on the Internet:

end insert begin insert

(1) Information on how members of the public and ratepayers
can gain access to the commission’s ratemaking process and to
information regarding the specific matters to be decided.

end insert begin insert

(2) Information on the operation of the office of the public
advisor established in Section 321 and how the public advisor can
connect members of the public to persons responsible for specific
cases and matters to be decided.

end insert

begin delete SEC. 7. end delete
begin insert SEC. 4. end insert   

Section 321.6 of the Public Utilities Code is amended
to read:

321.6.  

The president of the commission shall annually appear
before the appropriate policy committees of the Senate and
Assembly to present the annual report of the commission required
pursuant to Section 910.

begin delete SEC. 8. end delete
begin insert SEC. 5. end insert   

Section 765 of the Public Utilities Code is amended
to read:

765.  

(a) When the federal National Transportation Safety
Board (NTSB) submits a safety recommendation letter concerning
rail safety to the commission, the commission shall provide the
NTSB with a formal written response to each recommendation no
later than 90 days after receiving the letter. The response shall
state one of the following:

(1) The commission’s intent to implement the recommendations
in full, with a proposed timetable for implementation of the
recommendations.

(2) The commission’s intent to implement part of the
recommendations, with a proposed timetable for implementation
of those recommendations, and detailed reasons for the
commission’s refusal to implement those recommendations that
the commission does not intend to implement.

(3) The commission’s refusal to implement the
recommendations, with detailed reasons for the commission’s
refusal to implement the recommendations.

(b) If the NTSB issues a safety recommendation letter
concerning any commission-regulated rail facility to the United
States Department of Transportation, the Federal Transit
Administration, a commission-regulated rail operator, or the
commission, or if the Federal Transit Administration issues a safety
advisory concerning any commission-regulated rail facility, the
commission shall determine if implementation of the
recommendation or advisory is appropriate. The basis for the
commission’s determination shall be detailed in writing and shall
be approved by a majority vote of the commission.

(c) If the commission determines that a safety recommendation
made by the NTSB is appropriate, or that action concerning a
safety advisory is necessary, the commission shall issue orders or
adopt rules to implement the safety recommendation or advisory
as soon as practicable. In implementing the safety recommendation
or advisory, the commission shall consider whether a more
effective, or equally effective and less costly, alternative exists to
address the safety issue that the recommendation or advisory
addresses.

begin delete SEC. 9. end delete
begin insert SEC. 6. end insert   

Section 910 of the Public Utilities Code is amended
and renumbered to read:

913.3.  

(a) By May 1 of each year, the commission shall prepare
and submit to the policy and fiscal committees of the Legislature
a written report summarizing the following information:

(1) All electrical corporation revenue requirement increases
associated with meeting the renewables portfolio standard, as
defined in Section 399.12, including direct procurement costs for
eligible renewable energy resources and renewable energy credits,
administrative expenses for procurement, expenses incurred to
ensure a reliable supply of electricity, and expenses for upgrades
to the electrical transmission and distribution grid necessary to the
delivery of electricity from eligible renewable energy resources
to load.

(2) All cost savings experienced, or costs avoided, by electrical
corporations as a result of meeting the renewables portfolio
standard.

(3) All costs incurred by electrical corporations for incentives
for distributed and renewable generation, including the
self-generation incentive program, the California Solar Initiative,
and net energy metering.

(4) All cost savings experienced, or costs avoided, by electrical
corporations as a result of incentives for distributed and renewable
generation.

(5) All pending requests by an electrical corporation seeking
recovery in rates for renewable, fossil fuel, and nuclear
procurement costs, research, study, or pilot program costs.

(6) The decision number for each decision of the commission
authorizing recovery in rates of costs incurred by an electrical
corporation since the preceding report.

(7) Any change in the electrical load serviced by an electrical
corporation since the preceding report.

(8) The efforts each electrical corporation is taking to recruit
and train employees to ensure an adequately trained and available
workforce, including the number of new employees hired by the
electrical corporation for purposes of implementing the
requirements of Article 16 (commencing with Section 399.11) of
Chapter 2.3, the goals adopted by the electrical corporation for
increasing women, minority, and disabled veterans trained or hired
for purposes of implementing the requirements of Article 16
(commencing with Section 399.11) of Chapter 2.3, and, to the
extent information is available, the number of new employees
hired and the number of women, minority, and disabled veterans
trained or hired by persons or corporations owning or operating
eligible renewable energy resources under contract with an
electrical corporation. This paragraph does not provide the
commission with authority to engage in, regulate, or expand its
authority to include, workforce recruitment or training.

(b) The commission may combine the information required by
this section with the reports prepared pursuant to Article 16
(commencing with Section 399.11) of Chapter 2.3.

begin delete SEC. 10. end delete
begin insert SEC. 7. end insert   

Section 910 is added to the Public Utilities Code, to
read:

910.  

(a) The commission shall develop, publish, and annually
update a report that contains all of the following information:

(1) A workplan that describes in clear detail the scheduled
proceedings and other decisions that may be considered by the
commission during the calendar year.

(2) Performance criteria for the commission and the executive
director, and an evaluation of the performance of the executive
director during the previous year based on criteria established in
the prior year’s workplan.

(3) An accounting of the commission’s transactions and
proceedings from the prior year, together with other facts,
suggestions, and recommendations that the commission deems of
value to the people of the state. The accounting shall include the
activities that the commission has taken, and plans to take, to
reduce the costs of, and the rates for, water and energy, including
electricity, to improve the competitiveness of the state’s industries,
including agriculture, and, to the extent possible, shall include
suggestions and recommendations for the reduction of those costs
and rates.

(4) A description of activities taken and processes instituted to
both solicit the input of customers from diverse regions of the state
in ratesetting and quasi-legislative proceedings and to process that
input in a way that makes it usable in commission decisionmaking.
The report shall describe the successes and challenges of these
processes, the effect of resource constraints, and efforts to be made
during the calendar year to further the goal of increased public
participation.

(b) (1) The commission shall submit the report required
pursuant to subdivision (a) to the Governor and the Legislature,
in compliance with Section 9795 of the Government Code, no later
than February 1 of each year.

(2) The commission shall post the report in a conspicuous area
of its Internet Web site and shall have a program to disseminate
the information in the report using computer mailing lists to provide
regular updates on the information to those members of the public
and organizations that request that information.

begin delete SEC. 11. end delete
begin insert SEC. 8. end insert   

Section 910.1 is added to the Public Utilities Code, to
read:

910.1.  

The commission shall annually submit a report to the
Legislature on the commission’s timeliness in resolving cases,
information on the disposition of applications for rehearings, and
the days that commissioners presided in hearings. The report shall
include the number of scoping memos issued in each proceeding
and the number of orders issued extending the statutory deadlines
pursuant to subdivision (d) of Section 1701.2, for all adjudication
cases, and pursuant to subdivision (a) of Section 1701.5, for all
ratesetting or quasi-legislative cases.

begin delete SEC. 12. end delete
begin insert SEC. 9. end insert   

Section 911 of the Public Utilities Code is amended
and renumbered to read:

913.4.  

(a) Notwithstanding subdivision (g) of Section 454.5
and Section 583, no later than May 1 of each year, the commission
shall release to the Legislature the costs of all electricity
procurement contracts for eligible renewable energy resources,
including unbundled renewable energy credits, and all costs for
utility-owned generation approved by the commission. The first
report shall include all costs commencing January 1, 2003.
Subsequent reports shall include only costs for the preceding
calendar year.

(1) For power purchase contracts, the commission shall release
costs in an aggregated form categorized according to the year the
procurement transaction was approved by the commission, the
eligible renewable energy resource type, including bundled
renewable energy credits, the average executed contract price, and
average actual recorded costs for each kilowatthour of production.
Within each renewable energy resource type, the commission shall
provide aggregated costs for different project size thresholds.

(2) For each utility-owned renewable generation project, the
commission shall release the costs forecast by the electrical
corporation at the time of initial approval and the actual recorded
costs for each kilowatthour of production during the preceding
calendar year.

(b) This section does not require the release of the terms of any
individual electricity procurement contracts for eligible renewable
energy resources, including unbundled renewable energy credits,
approved by the commission. The commission shall aggregate
data to the extent required to ensure protection of the confidentiality
of individual contract costs even if this aggregation requires
grouping contracts of different energy resource type. The
commission shall not be required to release the data in any year
when there are fewer than three contracts approved.

(c) The commission may combine the information required by
this section with the report prepared pursuant to Section 913.3.

begin insert

begin insert SEC. 10. end insert   

end insert

begin insert Section 911.1 is added to the end insert begin insert Public Utilities Code end insert begin insert ,
to read: end insert

begin insert

begin insert 911.1. end insert   

An action taken by the commission on a safety
recommendation letter or advisory bulletin concerning gas pipeline
safety issued by the federal National Transportation Safety Board
(NTSB) shall be reported annually, in detail, to the Legislature
with the report required by Section 910. Correspondence from the
NTSB that indicates that a recommendation of the NTSB has been
closed following an action that the NTSB finds unacceptable shall
be noted in the report required by Section 910.

end insert

begin delete SEC. 13. end delete
begin insert SEC. 11. end insert   

Section 915 of the Public Utilities Code is amended
and renumbered to read:

911.  

(a) Beginning February 1, 2016, the commission shall
annually publish a report that includes all investigations into gas
or electric service safety incidents reported, pursuant to commission
requirements, by any gas corporation or electrical corporation. The
report shall succinctly describe each safety investigation concluded
during the prior calendar year and each investigation that remains
open. The categories within the description shall include the month
of the safety incident, the reason for the investigation, the facility
type involved, and the owner of the facility.

(b) The commission shall include in its report required pursuant
to Section 910, a summary of the staff safety investigations
concluded during the prior calendar year and the staff safety
investigations that remain open for any gas corporation or electrical
corporation, with a link to the Internet Web site with the report
that contains the information required pursuant to subdivision (a).

begin delete

SEC. 14.  

Section 911.1 is added to the Public Utilities Code,
to read:

911.1.  

An action taken by the commission on a safety
recommendation letter or advisory bulletin concerning gas pipeline
safety issued by the federal National Transportation Safety Board
(NTSB) shall be reported annually, in detail, to the Legislature
with the report required by Section 910. Correspondence from the
NTSB that indicates that a recommendation of the NTSB has been
closed following an action that the NTSB finds unacceptable shall
be noted in the report required by Section 910.

end delete

begin delete SEC. 15. end delete
begin insert SEC. 12. end insert   

Section 916.4 is added to the Public Utilities Code,
to read:

916.4.  

An action taken by the commission on a safety
recommendation letter or safety advisory pursuant to Section 765
shall be reported annually, in detail, to the Legislature with the
report required by Section 910. Correspondence from the federal
National Transportation Safety Board indicating that a
recommendation has been closed following an action that the
federal National Transportation Safety Board finds unacceptable
shall be noted in the report required by Section 910.

begin delete SEC. 16. end delete
begin insert SEC. 13. end insert   

Section 960 of the Public Utilities Code is amended
to read:

960.  

(a) When the federal National Transportation Safety
Board (NTSB) submits a safety recommendation letter concerning
gas pipeline safety to the commission, the commission shall provide
the NTSB with a formal written response to each recommendation
not later than 90 days after receiving the letter. The response shall
state one of the following:

(1) The commission’s intent to implement the recommendations
in full, with a proposed timetable for implementation of the
recommendations.

(2) The commission’s intent to implement part of the
recommendations, with a proposed timetable for implementation
of those recommendations, and detailed reasons for the
commission’s refusal to implement those recommendations that
the commission does not intend to implement.

(3) The commission’s refusal to implement the
recommendations, with detailed reasons for the commission’s
refusal to implement the recommendations.

(b) If the NTSB issues a safety recommendation letter
concerning any commission-regulated gas pipeline facility to the
United States Department of Transportation, the federal Pipeline
and Hazardous Materials Safety Administration (PHMSA), a gas
corporation, or the commission, or the PHMSA issues an advisory
bulletin concerning any commission-regulated gas pipeline facility,
the commission shall determine if implementation of the
recommendation or advisory is appropriate. The basis for the
commission’s determination shall be detailed in writing and shall
be approved by a majority vote of the commission.

(c) If the commission determines that a safety recommendation
made by the NTSB is appropriate or that action concerning an
advisory bulletin is necessary, the commission shall issue orders
or adopt rules to implement the safety recommendation or advisory
as soon as practicable. In implementing the safety recommendation
or advisory, the commission shall consider whether a more
effective, or equally effective and less costly, alternative exists to
address the safety issue that the recommendation or advisory
addresses.

begin delete SEC. 17. end delete
begin insert SEC. 14 end insert   

Section 1701 of the Public Utilities Code is amended
to read:

1701.  

(a) All hearings, investigations, and proceedings shall
be governed by this part and by rules of practice and procedure
adopted by the commission, and in the conduct thereof the technical
rules of evidence need not be applied. No informality in any
hearing, investigation, or proceeding or in the manner of taking
testimony shall invalidate any order, decision or rule made,
approved, or confirmed by the commission.

(b) Notwithstanding Section 11425.10 of the Government Code,
Articles 1 through 15, inclusive, of Chapter 4.5 (commencing with
Section 11400) of Part 1 of Division 3 of Title 2 of the Government
Code do not apply to a hearing by the commission under this code.
The Administrative Adjudication Code of Ethics (Article 16
(commencing with Section 11475) of Chapter 4.5 of Part 1 of
Division 3 of Title 2 of the Government Code) shall apply to
administrative law judges of the commission.

begin delete SEC. 18. end delete
begin insert SEC. 15. end insert   

Section 1711 is added to the Public Utilities Code,
to read:

1711.  

Where feasible and appropriate, except for adjudication
cases, before instituting a proceeding on its own motion, the
commission shall seek the views of those who are likely to be
affected, including those who are likely to benefit from, and those
who are potentially subject to, a decision in that proceeding. The
commission shall demonstrate its efforts to comply with this section
in the text of the order instituting the proceeding.

begin delete SEC. 19. end delete
begin insert SEC. 16. end insert   

Section 1759 of the Public Utilities Code is amended
to read:

1759.  

(a) No court of this state, except the Supreme Court and
the court of appeal, to the extent specified in this article, shall have
jurisdiction to review, reverse, correct, or annul an order or decision
of the commission or to suspend or delay the execution or operation
thereof, or to enjoin, restrain, or interfere with the commission in
the performance of its official duties, as provided by law and the
rules of court.

(b) The writ of mandamus shall lie from the Supreme Court and
from the court of appeal to the commission in all proper cases as
prescribed in Section 1085 of the Code of Civil Procedure.

(c) This section does not apply to the following actions, which
may be brought in superior court:

(1) An action brought against the commission to enforce the
requirements of the Bagley-Keene Open Meeting Act (Article 9
(commencing with Section 11120) of Chapter 1 of Part 1 of
Division 3 of Title 2 of the Government Code).

(2) An action arising from the California Public Records Act
(Chapter 3.5 (commencing with Section 6250) of Division 7 of
Title 1 of the Government Code) or to review a determination
made under subdivision (c) of Section 6253 of the Government
Code.

begin insert

begin insert SEC. 17. end insert   

end insert begin insert

Section 3.5 of this bill incorporates amendments to
Section 311.5 of the Public Utilities Code proposed by both this
bill and Assembly Bill 825. It shall only become operative if (1)
both bills are enacted and become effective on or before January
1, 2016, (2) each bill amends Section 311.5 of the Public Utilities
Code, and (3) this bill is enacted after Assembly Bill 825, in which
case Section 3 of this bill shall not become operative.

end insert