(1) The Administrative Procedure Act contains provisions relating to the adoption, review, approval, filing, publication, and judicial review of regulations, as defined, adopted by state agencies in accordance with statutory mandates. The act exempts the Public Utilities Commission, among others, from provisions relating to the adoption, review, approval, and judicial review of regulations, and limits the application of provisions relating to the filing and publication of regulations to only the rules of procedure of the commission.

This bill would repeal this exemption and limitation with respect to the commission. The bill would specify that the definition of “regulation” includes every proceeding designated “quasi-legislative” by the commission pursuant to certain existing law.

(2) The California Constitution establishes the commission, with jurisdiction over all public utilities, as defined. 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 Division of Ratepayer Advocates.

This bill would require the Governor to appoint, subject to the approval of the Senate, a president of the commission from among its members. The bill would repeal the requirement that the president direct commission staff.

(3) Existing law requires the office of the commission to be in the City and County of San Francisco and that, with certain exceptions, the office always be open. Existing law requires the commission to hold its sessions at least once in each calendar month in that city and county, and authorizes the commission to also meet at such other times and in such other places as may be expedient and necessary for the proper performance of its duties.

This bill would also require the office of the commission to be in the City of Sacramento and would require the commission to hold at least one session in each calendar month in that city the City of Sacramento.

(4) Existing law authorizes the attorney for the commission, if directed to do so by the president, except as otherwise directed by vote of the commission, to intervene, if possible, in any action or proceeding involving any question arising pursuant to the Public Utilities Act. Existing law requires the attorney for the commission to commence, prosecute, and expedite the final determination of all actions and proceedings, and to generally perform all duties and services as attorney to the commission, as directed or authorized by the president, except as otherwise directed or authorized by vote of the commission.

This bill would authorize the attorney for the commission, if directed to do so by the commission, to intervene, if possible, in any action or proceeding involving any question arising pursuant to the Public Utilities Act. This bill would require the attorney for the commission to commence, prosecute, and expedite the final determination of all actions and proceedings, and to generally perform all duties and services as attorney to the commission, as directed or authorized by the commission.

(5) Existing law requires the executive director for the commission to keep a full and true record of all proceedings of the commission, issue all necessary process, writs, warrants, and notices, and perform such other duties as the president, or vote of the commission, prescribes. Existing law provides that the president 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.

This bill would require the executive director to keep a full and true record of all proceedings of the commission, issue all necessary process, writs, warrants, and notices, and perform the other duties the commission prescribes. The bill would provide that 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.