XXIV. Comment on Recommended Decisions

Rule 77.6, as currently written, sets forth the standard period for public review and comment on alternate decisions which, depending on when the alternate decision is mailed, might have been shorter than the 30-day public review and comment period required for the proposed decision. Chapter 591 (Escutia) of the 2005 statutes amended Pub. Util. Code § 311(e) to require the same 30-day public review and comment period for alternate decisions as applies to proposed decisions. Accordingly, we propose to amend the rules to apply the same public review and comment period to alternate decisions as applies to proposed decisions, and to provide for the proper scheduling of the Commission's consideration of the matter as required by the recent amendments.

Chapter 591 also generally requires a 30-day comment period on draft resolutions and their alternates. We propose amendments to implement this.

Rule 77.7(f), as currently written, would allow the Commission to reduce the public review and comment period for alternates to proposed decisions under certain circumstances not applicable to proposed decisions that have gone to hearing. We propose to repeal this provision, consistent with the discussion above regarding Chapter 591 (Escutia) and its requirement that the same public review and comment period apply to alternates as applies to proposed decisions.

Rule 77.7(f), as currently written, provides that "draft decisions" and their alternates may have the public review and comment period reduced or waived under certain circumstances. This rule is intended to implement Pub. Util. Code § 311(g)(3), which permits reduction or waiver of public review and comment in these circumstances for decisions in proceedings in which hearings have not been held as well as for draft resolutions. However, the rules do not adequately define the term "draft decision" or distinguish it from the related term "proposed decision." Furthermore, it is unnecessary to use a definitional term in order to state the circumstances under which the public review and comment period may be reduced. We therefore propose to eliminate the term "draft decision" and to edit the rule to simply state the circumstances under which the public review and comment period may be reduced.

Rule 77.5, as currently written, provides that replies to comments may be filed five days after comments are filed. We propose to amend this rule to permit replies to be filed up to five days after the last day for filing comments, rather than five days after the comments are filed. Because Pub. Util. Code § 311 generally requires 30 days of public review and comment, the early filing of comments on recommended decisions does not accelerate resolution of Commission proceedings. Thus, the early filing of comments may unnecessarily require other parties to prepare replies to comments at the same time that they are preparing their own comments on recommended decisions. This proposed modification will eliminate that potential.

Rules 8.1(b) and 77.1, as currently written, permit applicants in ratesetting or quasi-legislative matters involving buses, vessels or public utility sewer (Rule 77.1 also includes public utility pipelines) to move to waive comment on proposed decisions, and places on any party objecting to such waiver the burden of demonstrating that comment is in the public interest. We are not aware of any statutory requirement for this waiver opportunity. We further note that the provisions are at odds with Pub. Util. Code § 311, which sets forth the circumstances under which the period for public review and comment may be reduced or waived. We therefore propose to repeal these provisions.