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) SB 531 (Baca) Page 2 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 SB 531 (Baca) Page 3 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 SB 531 (Baca) Page 4 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 SB 531 (Baca) Page 5 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 **************