5. Commission Jurisdiction and Standard of Review
SDG&E's Application to shut off power under specified circumstances in order to eliminate the risk of power-line fires is subject to Pub. Util. Code § 4515 which states, in relevant part, as follows:
Every public utility shall furnish and maintain such adequate, efficient, just, and reasonable service, instrumentalities, equipment, and facilities ... as are necessary to promote the safety, health, comfort, and convenience of its patrons, employees, and the public.
SDG&E has a duty under § 451 to provide electric service in a way that protects the safety of its customers, employees, and the public at large. The central issue in this proceeding is whether SDG&E should be relieved of its duty when, as SDG&E asserts, there is a heightened risk that its power lines could ignite a catastrophic wildfire.
The California Constitution6 and the Public Utilities Code7 provide the Commission with broad jurisdiction on matters regarding the safety of electric utility facilities and operations, including authority to promulgate regulations regarding the safety of overhead power lines.8 Electric utilities are required by § 702 to "obey and comply" with such requirements.
The provision of electricity to the public carries some risk. Every year, people are injured and killed by contact with power lines, and numerous fires are started when foreign objects (e.g., balloons and tree branches) contact power lines. Despite the risks, electric utilities have a duty to provide electricity to the public because, as stated in § 330(g), "electric service is of utmost importance to the safety, health, and welfare of the state's citizenry and economy." To minimize the risks, the Commission has promulgated safety regulations governing electric utility operations and facilities.9 In addition, electric utilities may suspend service when necessary to protect public safety. For example, if a vehicle crashes into a utility pole, the electric utility may shut off the power line until the accident is cleared and pole is repaired.
SDG&E's Application to shut off power under certain conditions in order to prevent wildfires places two fundamental goals in conflict: the need for continuous electric service versus the need for public safety. While there are always trade offs, today's decision endeavors to achieve both goals using our judgment, experience, and expertise in regulating electric utilities.
5 All statutory references are to the Public Utilities Code unless otherwise indicated.
6 Cal. Constitution, Article XII, §§ 3 and 6.
7 Pub. Util. Code §§ 216, 701, and 768.
8 Pub. Util. Code §§ 8037 and 8056. See also Pub. Util. Code §§ 761, 768, and 770.
9 See, for example, General Orders 95 and 128.
