Public Utilities Commission: proceedings: hearings.

The California Constitution establishes the Public Utilities Commission and authorizes the commission to exercise ratemaking and rulemaking authority over all public utilities, as defined, subject to control by the Legislature. Existing law requires the commission to determine whether each proceeding is a quasi-legislative proceeding, an adjudication proceeding, or a ratesetting proceeding and, consistent with due process, public policy, and statutory requirements, to determine whether the proceeding requires a hearing. After those determinations are made, existing law requires the commission to assign one or more commissioners to oversee the case and an administrative law judge, when appropriate. Existing law requires the assigned commissioner to prepare and issue by order or ruling a scoping memo that describes the issues to be considered and the applicable timetable for resolution. This bill would require the assigned commissioner, rather than the commission, to determine, as part of the scoping memo, whether the proceeding requires a hearing, and would make conforming changes to related provisions. Existing law regulates communications in matters before the commission and defines an "ex parte communication" as any oral or written communication between a decisionmaker and an interested person concerning any matter before the commission that the commission has not specified as being a procedural matter and that does not occur in a public hearing, workshop, or other public proceeding, or on the official record of the proceeding on the matter. After a proposed decision or order is issued in a ratesetting case, existing law authorizes the commission to establish a "quiet period" during which no oral or written ex parte communications may be permitted and the commission may meet in closed session. If the commission holds the ratesetting decision, existing law authorizes the commission to establish a subsequent quiet period during the second half of the hold period, as described, authorizes ex parte communications only during the first half of the hold period, and authorizes the commission to meet in closed session for the second half of the hold period. This bill would revise those provisions relating to quiet periods to authorize the commission to establish a quiet period only after a proposed decision or order is issued and is scheduled for a vote or after a proposed decision is scheduled for a vote, but is then held and rescheduled for a vote, and to require the commission to establish a quiet period during the three business days before the commission's scheduled vote on a proposed decision.