BILL ANALYSIS
AB 301
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Date of Hearing: April 5, 1999
ASSEMBLY COMMITTEE ON UTILITIES AND COMMERCE
Roderick Wright, Chair
AB 301 (Wright) - As Introduced: February 8, 1999
AS PROPOSED TO BE AMENDED LEGISLATIVE COUNSEL RN9910131
SUBJECT : Public Utilities Commission Rules and Regulations
SUMMARY : Requires the California Public Utilities Commission
(CPUC) to modify its rules of practice and procedure to allow
interested persons to petition the commission to adopt, amend or
repeal a regulation. Specifically, this bill :
1)Establishes that the term "interested persons" is to be
construed broadly, to infer standing all persons seeking to
avail themselves of the rights embodied herein;
2)Establishes that the regulations referred to in the bill are
intended as a general reference to rules of general
applicability and future effect;
3)Requires CPUC to establish rules that would allow any
interested person to petition the commission to make changes
in its regulations;
4)Requires CPUC to either institute a rulemaking or deny the
petition within a six-month timeframe;
5)Specifies that CPUC must include a statement of the reasons
for denial; and,
6)Requires CPUC to develop, in not less than 18 months after its
effective date, guidelines for implementing this section in
its rules of Practice and Procedure.
EXISTING LAW requires CPUC to submit amendments, revisions or
modifications of its Rules of Practice and Procedure to the
Office of Administrative Law (OAL) in accordance with specified
sections of the Government Code. Existing law does not,
however, provide interested parties with the specific authority
to petition to adopt, amend, or repeal a regulation, nor does it
require CPUC to respond to such petitions.
FISCAL EFFECT : CPUC has determined that it would require two
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additional Administrative Law Judges (ALJ) to annually analyze
approximately 12 petitions and three rulemakings resulting from
this bill. This increase, of 15 docketed items, is an
approximate 25% increase in the current caseload per ALJ. CPUC
has also determined that increased document management and
clerical support related to these 15 additional dockets requires
two additional support staff. Thus $136,345 from the Public
Utilities Reimbursement Account is appropriated to CPUC for the
purposes of funding the costs incurred in implementing this
bill.
COMMENTS : The purpose of this bill is to codify a process so
that any interested persons can file petitions for regulatory
change at CPUC. At present, there is no guarantee that a
petition, once filed, would be addressed by CPUC at any time
certain. The deregulation of the telecommunications industry,
restructuring in the gas and electric industries, and the
overall proliferation of changes at CPUC today necessitates the
ability to request changes in a uniform manner. Establishing a
clear process for change will enable all stakeholders to respond
quickly with the assurance that their request will be addressed
within a time certain.
Last year, SB 779 (Calderon), Chapter 886, Statutes 1998, was
enacted to implement several changes impacting CPUC in an effort
to expand both public access to CPUC actions and proceedings and
judicial review of CPUC decisions. SB 779 also required that
changes to CPUC procedures be reviewed and approved by the OAL.
This bill is an effort to further expand public access to CPUC
actions and proceedings and embraces the policies and principles
contained in the Administrative Procedure Act.
REGISTERED SUPPORT / OPPOSITION :
Support
GTE California, Inc.
California Municipal Utilities Association
California Public Utilities Commission
Opposition
None on file
Analysis Prepared by : Carolyn Veal-Hunter / U. & C. / (916)
AB 301
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319-2083