BILL ANALYSIS                                                                                                                                                                                                    






                 SENATE JUDICIARY COMMITTEE
                  Adam B. Schiff, Chairman
                 1999-2000 Regular Session


SB 531                                                 S
Senator Baca                                           B
As Amended April 20, 1999
Hearing Date:  May 11, 1999                            5
Public Utilities Code                                  3
DLM:cjt                                                1
                                                       

                           SUBJECT
                               
    Public Utilities Commission:  Informal Complaints:   
                          Internet

                         DESCRIPTION  

This bill would require the Public Utilities Commission  
(PUC) to establish a procedure to permit filing of informal  
complaints via electronic means, including the Internet.   
The bill would allow for development of industry specific  
forms.  The electronic filing procedure would only be used  
if the dollar amount in controversy does not exceed the  
jurisdictional amount of small claims court (currently  
$5,000).  

(This analysis reflects author's amendments to be presented  
in committee.)

                          BACKGROUND  

Last session, SB 779 (Calderon) mandated sweeping reform of  
the Public Utilities Commission (PUC) administrative  
processes.  The bill was a compromise carved out by public  
interest groups, the Judicial Council, and the PUC itself.   
Included in the reforms were a number of "open meeting"  
type requirements.  The PUC now must post the conduct of  
its affairs upon the Internet, such as proposals to change  
any aspect of its procedures or its rules, and its  
rulemaking and adjudicative decisions.

                   CHANGES TO EXISTING LAW
                                                       
(more)



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  Existing law  requires the PUC to publish specified  
information on its Internet website, including but not  
limited to, decisions and resolutions, general orders, the  
Commission's Rules of Practice and Procedure, and rulings  
in proceedings.

  


This bill  would require the Public Utilities Commission  
(PUC) to:

 Establish a procedure for filing of informal complaints  
  via an on-line complaint form, if the dollar amount in  
  controversy does not exceed the jurisdictional amount of  
  small claims court, (currently $5,000), by July 1, 2000.   


  The commission must allow for development of industry  
  specific complaint forms where a customer can input  
  information for identifying the account, type of dispute,  
  comments and other related information.

 Implement the new electronic dispute filing system by  
  January 1, 2001.

 Post a notice on the PUC Internet website regarding the  
  availability of the electronic filing process.

 Review the procedure and any related rules, and the  
  technology involved ensuring the continued effectiveness  
  of the program, and reporting back to the Legislature  
  annually beginning January 1, 2002.

                           COMMENT
  
1.   Stated need  

     According to the author, "Electronic filing is  
  parallel to the Public Utilities Commission's 1999-2000  
  business plan for increased Internet use.   SB 531 was  
  introduced to help simplify and streamline the complaint  
  process as it relates to small businesses and residential  
  customers, specifically cases with a monetary value of  
                                                             




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  not more than $5,000.  Having the ability to file  
  complaints via the Internet will save the complainant  
  time and resources, as there are only two major locations  
  in California that the complainant may travel to in order  
  to submit a complaint in person."

2.   Author's amendments  

     The author will amend the bill to apply to informal  
  proceedings only.  Typically, according to the sponsor,  
  the PUC handles these types of complaints as follows:  an  
  initial consumer complaint is communicated over the  
  telephone; the PUC customer service staff will follow up  
  with a written confirmation to the consumer and a notice  
  to the company being complained of relating the  
  allegations.  The PUC acts as an intermediary between the  
  two parties in obtaining an informal resolution.  If this  
  informal dispute resolution process fails, the consumer  
  may then use the PUC formal complaint process.

  The bill will also be amended to provide the PUC with a  
  staggered implementation timeline, detailed above.  This  
  is to allow the commission time to develop its procedure  
  through the formal rulemaking process, thereby allowing  
  the public an opportunity to review and comment upon the  
  new mechanism prior to its being put into place.

3.    Legislative role in creation of PUC hearing procedures  
   
  
  Article XII of the State Constitution establishes the  
  Public Utilities Commission for the purpose of fixing  
  rates, establishing rules, examining records, and  
  prescribing a uniform system of accounting for all public
  utilities subject to its jurisdiction.  To this end, the  
  commission institutes internal procedures governing its  
  decision-making process.  Article XII, Sec. 2 provides  
  that "Subject to statute and due process, the commission  
  may establish its own procedures ...."  Thus, the  
  Legislature may create different procedures through  
  statute for the commission to conduct its hearings.

4.   Issues for the Committee and the PUC to consider  

  As the PUC creates the new policy to allow Internet  
                                                             




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  filing of disputes, consideration should be given to the  
  following issues.  First, the commission must maintain  
  the privacy of the participants.  Any transmissions  
  should be secured, as complaints contain the consumer's  
  name, address and social security number.  Secondly, how  
  will the commission be able to identify the actual person  
  filing a complaint online?  With technology as it is, a  
  person can mask the true origin of a message sent via  
  e-mail.  How will the commission ensure parties are who  
  they say they are online?  Will this have a res judicata  
  effect upon participants in the process?  Also, the  
  commission should make an allowance for lost  
  communications.  Occasionally messages sent into  
  cyberspace never reach their destination.  Will this be  
  an issue in a statute of limitations situation?  How will  
  the person be able to prove they sent the electronic  
  message?  Finally, will the electronic messages be part  
  of the formal record for review?  If so, how will they be  
  stored?  How can one be assured that a message once  
  downloaded is not altered?   

5.   Prior related legislation:  SB 779 (Calderon)  

  SB 779 was a comprehensive overhaul of PUC administrative  
  procedures.  Specifically, SB 779 (1) expanded and made  
  permanent the opportunity for public review and comment  
  on major PUC decisions prior to their adoption by the  
  Commission; (2) required the PUC to publish its decisions  
  and rules on the Internet by July 1, 1999; (3) required  
  the Office of Administrative Law to review changes to PUC  
  practice rules; and, (4) bring judicial review of PUC  
  decisions into line with judicial review standards for  
  other state administrative agencies.  SB 779 was  
  chaptered and its provisions go into effect January 1,  
  2001.

6.   Position of the PUC  

  The PUC has a "support if amended" position on the bill.   
  The amendment requested is that the bill be amended to  
  create a pilot program, so that the PUC would have time  
  to create the new dispute resolution process.  However,  
  in conversation with committee staff, the PUC stated  
  support for a delayed implementation of the program,  
  instead of a limited pilot.  The author has agreed to a  
                                                             




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  delayed implementation schedule, discussed in detail  
  above. 

Support:  California State Council of Laborers; California  
       Alliance for Consumer Protection; PUC Office of  
       Ratepayer Advocates

Opposition:  None Known

                           HISTORY
  
Source:  GTE California

Related Pending Legislation:  None Known

Prior Legislation:  SB 779 (Calderon) Ch. 886, Stats of  
1998

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