Electrical corporations and gas corporations: rates: inflation-constrained rate case scenario: standard of review.
What changed between versions
New Section 739.18 requires every electrical or gas corporation to submit an inflation-constrained rate case scenario in each general rate case, where cumulative annual expenditure increases cannot exceed the projected federal Social Security beneficiary cost-of-living adjustment (COLA). The scenario must include the corporation's highest priority spending needs.
Corporations must compare their inflation-constrained scenario against their primary rate case plan, giving the Commission a side-by-side view of what is needed versus what fits within the inflation cap.
The Commission may authorize expenditures above the inflation-constrained level only if the corporation provides clear and convincing evidence that higher spending is necessary to ensure safe and reliable operation of its electrical or gas system.
Heightened scrutiny applies to any request (outside a general rate case) submitted by an electrical or gas corporation that is likely to increase total systemwide expenditures beyond the projected federal Social Security COLA.
Section 9508.5 was cleaned up: removed a duplicate 'upon request' phrase and a stray letter 'A' at the beginning, resulting in clearer language about POU utilities providing information to the Energy Commission.
Added standard no-reimbursement provision (Section 2) under Article XIII B of the California Constitution, stating no reimbursement is required because costs arise only from creating or changing a crime.
Fiscal notes changed: state-mandated local program is now 'yes' (previously 'no') and fiscal committee review is now 'yes' (previously 'no'), reflecting that the new provisions create a state-mandated local program with criminal penalty implications.