5. Assignment of Proceeding

Catherine J.K. Sandoval is the assigned Commissioner and Timothy J. Sullivan is the assigned ALJ in this proceeding.

1. All parties agree that it is important for the Commission to obtain the input of the small business communities on how Commission actions affect their operations because of the importance of the small business community to the California economy.

2. The input of an SBAC to the Commission is not a substitute for the participation of the representatives of small business interests in Commission proceedings because Commission decisions must be based on the record before the Commission and cannot rely on extra-record information.

3. All advisory boards currently involved in Commission work have a statutory basis.

4. Educating an advisory board concerning the requirements of the Bagley-Keene Open Meeting Act is complex and requires extensive Commission time and monitoring.

5. The Commission participated in over 55 business events for small businesses last year.

6. The Commission currently conducts two small business expositions each year. Approximately 350 businesses attend each expo.

7. The small business expositions include workshops and participation by a Commissioner.

8. A modification of the workshop agendas at the small business expositions would enable the Commission to learn of the needs of the small business community concerning the Commission and its regulatory program.

9. It is reasonable to modify the agendas of the small business expositions to solicit information on the needs of small businesses because this offers a cost-effective way for the Commission to proceed.

10. The Commission holds roundtable discussions with the leaders of the small business community frequently to facilitate an exchange of information, thoughts and concerns.

11. Commission-held roundtable discussions can offer a cost-effective forum for the Commission to learn about the needs of the small business community.

12. If needed, the Commission can modify the agendas of roundtable discussions to obtain information about the needs of the small business community. They also offer a cost-effective forum in which the Commission acquires information.

13. It is not reasonable for the Commission to create an SBAC because such a board offers an expensive way of obtaining information concerning the small business community.

14. It would be beneficial to have at least two roundtables each year to solicit the input of small business on the Commission's regulatory program.

15. It would be beneficial to provide wide notice of a Commission sponsored roundtable because such notice could solicit the participation of new voices.

16. It would be prudent to track the number and kind of businesses that attend each roundtable.

17. The presence of at least one Commissioner at each roundtable would enhance its effectiveness.

18. Holding roundtables at various locations around the state would help diminish the obstacles to participation posed by distance.

19. Soliciting feedback from small businesses customers throughout the year and outside of the roundtable format is appropriate.

1. Modifying the agenda of the small business expositions held by the Commission to discuss issues affecting the small business community is consistent with the Public Utilities Code.

2. Modifying the agenda of the small business roundtables held by the Commission would not contravene any section of the Public Utilities Code.

3. There is no statutory requirement at this time to create an SBAC.

4. If the SBAC consisted of three or more people, it would be a state body as defined in Government Code Section 11121(c) and would therefore be subject to the Bagley-Keene Open Meeting Act (Government Codes Section 11120, et seq.).

5. The Commission should modify the agenda of the small business expositions because this offers a more cost-effective way of obtaining input from the small business community.

ORDER

IT IS ORDERED that:

1. The Commission's Business and Community Outreach Group must hold at least two discussions per year to solicit the input of small businesses on the Commission's regulatory program. To the extent consistent with resources, the Business and Community Outreach Group shall schedule discussions and roundtables independent of small business expositions. If necessary, the Business and Community Outreach Group may modify the agendas of the small business expositions held each year to facilitate the input of the small business community to the Commission.

2. Since roundtable discussions offer a practical way of soliciting the input of Small Businesses concerning the Commission's regulatory program, there will be no Small Business Advisory Council at this time.

3. Rulemaking 10-12-009 is closed.

This order is effective today.

Dated May 24, 2012, at San Francisco, California.

Previous PageTop Of PageGo To First Page