Decision 10-02-034 February 25, 2010
Before The Public Utilities Commission Of The State Of California
Order Instituting Rulemaking to Revise and Clarify Commission Regulations Relating to the Safety of Electric Utility and Communications Infrastructure Provider Facilities. |
Rulemaking 08-11-005 |
OF DECISION (D.) 09-08-029
I. SUMMARY
In Decision (D.) 09-08-029 (or "Decision"), which is the Phase I decision in Rulemaking (R.) 08-11-005 ("OIR"), issued on August 25, 2009, we implemented measures for electric transmission and distribution lines and related communication facilities to reduce fire hazards in California before the start of the 2009 fire season. We adopted statewide fire prevention and safety measures, as well as measures applicable only in certain geographic areas in Southern California defined as "Extreme and Very High Fire Threat Zones." Specifically, we revised several portions of General Order 95 to clarify utility obligations with respect to fire safety and prevention, including a new rule within General Order 95 which establishes a notification procedure for safety hazards and a method to prioritize corrective actions for violations of this general order. (D.09-08-029, pp. 2-3 & 17-22.) We also determined in D.09-08-029 that our "jurisdiction extends to publicly-owned utilities [("POUs")] for the limited purpose of adopting and enforcing rules governing electric transmission and distribution facilities to protect the safety of employees and the general public." (D.09-08-029, pp. 49-50, Conclusion of Law 3.)
Los Angeles Department of Water and Power ("LADWP") filed a timely application for rehearing of D.09-08-029 on September 17, 2009. LADWP is a POU. In its rehearing application, LADWP challenges D.09-08-029 on the following grounds:
(1) the Commission deprived LADWP of due process by failing to consider and address LADWP's argument that it is exempt from our jurisdiction pursuant to Public Utilities Code section 22;1 (2) the Commission deprived LADWP of due process by failing to consider and rule upon its argument that LADWP has vested powers as of August 23, 1880 which exempt it from our jurisdiction; (3) the Commission deprived LADWP of due process by failing to consider and rule upon its argument that a historical analysis of sections 8001-8057 does not support our exercise of jurisdiction over POUs; and (4) the Commission continues to exceed its jurisdiction pursuant to Conclusion of Law 3 in D.09-08-029 by asserting jurisdiction over POUs in contradiction of section 364(a). The Commission's Consumer Protection and Safety Division filed a response to LADWP's rehearing application on October 2, 2009.
We have reviewed all of the allegations of error raised in the rehearing application, and determine that rehearing of D.09-08-029 should be denied because no legal error has been demonstrated.
1 Unless otherwise noted, all statutory references herein are to the Public Utilities Code.
