5. Assignment of Proceeding
This proceeding is assigned to Commissioner Susan P. Kennedy and ALJ Steven Kotz.
1. Advice letters never involve evidentiary hearings.
2. A "cover sheet" that concisely summarizes all critical information about a given advice letter will help ensure that the advice letter is complete and easy to review, and limit the need for information requests after the advice letter is filed.
3. The Commission is currently receiving almost 5000 advice letters per year; thus, both Commission staff and third parties must be able to analyze advice letters rapidly.
4. Greater utilization of the Internet for notice and service of documents will enable persons interested in particular utilities or particular subjects to obtain relevant advice letters easily.
5. Indeterminacy regarding the date of filing, which may in turn affect the effective date, creates problems both for utilities (who must take steps to implement any actions proposed in an advice letter), customers (who might be planning service changes on the basis of an advice letter), and anyone who might want to protest or otherwise respond to an advice letter.
6. Because advice letters, by design, generally concern matters that are not expected to raise factual or policy issues, the large majority of advice letters will be subject to Industry Division disposition.
7. Advice letters, being informal, are generally ill-suited to resolving material factual issues; further, the interpretation of a statute or Commission order may require consideration by the Commission itself.
8. Dealing with a problematic advice letter will generally require more than the 30 days provided in the initial review period. Delegating authority to Commission staff to suspend the effectiveness of a problematic advice letter for no more than 120 days beyond the initial review period is reasonable in order to allow sufficient time for the reviewing Industry Division to prepare an appropriate disposition.
9. Generally, the appellant of an advice letter disposition would be the utility or a protestant; third parties who had notice and an opportunity to participate in review of the advice letter normally should not be allowed to voice objections for the first time on appeal.
1. The reviewing Industry Division may approve or reject any advice letter for which the approval or rejection would be a "ministerial" act, as that term is used in D.02-02-049.
2. The reviewing Industry Division may reject factual or legal arguments that are clearly erroneous.
3. Whether an advice letter is rejected without prejudice or withdrawn, the utility has the option of filing an application or filing a new advice letter with modifications intended to remove the objections to the prior advice letter.
4. The Commission may delegate to the reviewing Industry Division the authority, pursuant to Pub. Util. Code § 455, to suspend the effectiveness of an advice letter.
5. Regarding suspensions by staff, the interim procedure authorized in Resolution M-4801 and D.02-02-049 was subject to further modification by order in this proceeding. Today's order modifies those prior orders chiefly by limiting the delegated suspension authority to a single suspension, namely, the period of up to 120 days expressly provided by Pub. Util. Code § 455. The suspension period begins immediately after the 30-day initial review period.
6. Under Pub. Util. Code § 455, the Commission has up to 330 days to process an advice letter.
7. If the Commission's deliberation on a resolution prepared by the Industry Division extends beyond 150 days after filing of the advice letter, the suspension should be automatically extended for a further period, not to exceed 180 days, until the Commission acts on the resolution.
8. Third party challenges to the disposition of an advice letter should be summarily rejected if entitlement to appeal is not demonstrated.
9. When adopted, GO 96-B should fully integrate the rules adopted in today's decision, those previously adopted in D.01-07-026 and D.02-01-038, and the remaining proposed general and industry-specific proposed rules, in such form as the Commission may finally adopt them. GO 96-B should then wholly supersede GO 96-A.
10. A Commission resolution that disposes of an advice letter should contain, as an attachment, a list of all persons served with the resolution, including the utility filing the advice letter, persons protesting or responding to the advice letter, and any third party whose name and interest in the relief sought had appeared on the face of the advice letter.
11. Today's order should be made effective immediately, and the adopted rules should be made applicable to all advice letters filed on or after 90 days from the effective date. For those advice letters, the adopted rules should supersede any inconsistent provision of previously adopted rules on advice letters generally, such as GO 96-A.
IT IS ORDERED that:
1. The rules set forth in the Appendix (Rules) to this Third Interim Opinion are adopted.
2. The Rules shall apply to all advice letters filed on or after 90 days from the effective date of today's order.
3. This proceeding remains open to deliberate upon final adoption of General Order 96-B.
This order is effective today.
Dated January 13, 2005, at San Francisco, California.
MICHAEL R. PEEVEY
President
GEOFFREY F. BROWN
SUSAN P. KENNEDY
Commissioners
APPENDIX
Advice Letter Filing, Service, Suspension, and Disposition
1. Applicability
As used in the following rules, "utility" means a public utility that is a gas, electric, telephone, water, sewer system, pipeline, or heat corporation, as defined in the California Public Utilities Code, "Industry Division" means the Energy, Telecommunications, or Water Division, or their successors, and "advice letter" means an informal request by a utility for Commission approval, authorization, or other relief, including an informal request for approval to furnish service under rates, charges, terms or conditions other than those contained in the utility's tariffs then in effect.
These rules apply to advice letters. The primary use of an advice letter is to transmit tariff sheet changes. An advice letter may be used for other purposes only to the extent authorized by statute or Commission order.
These rules do not apply to an information-only filing, such as a report, that is filed by a utility with the Commission pursuant to statute or Commission order but that is not filed in connection with a request for Commission approval, authorization, or other relief. These rules also do not apply to any matter requiring an evidentiary hearing or to a formal proceeding, whether initiated by application, complaint, petition, order instituting investigation or rulemaking, or order to show cause.
These rules supersede rules previously adopted to govern advice letters generally, such as General Order 96-A, to the extent that the previously adopted rules are inconsistent with these rules. The procedures in these rules for suspension of advice letters and deemed approval do not apply to advice letters that become effective less than 30 days from filing pursuant to statute or Commission order. These rules do not modify procedures previously adopted for specific kinds of advice letters, even where those procedures are inconsistent with those contained in these rules.
1.1 Code of Ethics
Rule 1 ("Code of Ethics") of the Commission's Rules of Practice and Procedure (California Code of Regulations, Title 20, Division 1, Chapter 1) shall apply to all matters governed by these rules.
1.2 Computation of Time
As used in these rules, "day" means a calendar day, and "business day" means a calendar day except for Saturdays, Sundays, and weekdays when the Commission's offices are closed, due either to a State holiday or to an unscheduled closure (e.g., an emergency or natural disaster). The Commission's Internet site ( www.cpuc.ca.gov, under "About CPUC") will maintain a list of State holidays for the current calendar year and a list for the following calendar year as soon as that list is available.
When these rules set a time limit for performance of an act, the time is computed by excluding the first day (i.e., the day of the act or event from which the designated time begins to run) and including the last day. If the last day does not fall on a business day, the time limit is extended to include the first business day thereafter.
2. Advice Letter Contents
2.1 Cover Sheet
A utility filing an advice letter shall include with its advice letter a cover sheet, which shall state the date when the utility served the advice letter and filed it with the reviewing Industry Division. The cover sheet shall also be served with the advice letter. The cover sheet shall state that a protest or response to the advice letter must be filed with the reviewing Industry Division within 20 days of the date of the advice letter's filing and served on the same day on the utility. The cover letter shall summarize the contents of the advice letter, as follows:
(1) indicate requested effective date;
(2) indicate service affected by the advice letter;
(3) indicate category of affected service (where applicable, as in the Commission's New Regulatory Framework for the Telecommunications Industry);
(4) briefly describe change to existing service (where applicable) or other change proposed by the advice letter;
(5) indicate percent impact of proposed change on current rates or charges for affected service (where applicable);
(6) cite Commission orders (by decision or resolution number and ordering paragraph) and Public Utilities Code or other statutory provisions (by section) related to the substance of the advice letter, and identify as compliance filing (where applicable);
(7) refer to the utility's other pending advice letters that relate to the same tariffs or are otherwise affected by the proposed change;
(8) if the advice letter replaces a withdrawn or rejected advice letter, identify the prior advice letter and the differences between it and the new advice letter;
(9) indicate whether the utility believes disposition of the advice letter by Commission resolution is necessary or appropriate;
(10) show contact person, telephone number, and e-mail address for additional information regarding the advice letter; and
(11) show postal address and e-mail address of the utility and of the reviewing Industry Division for protests regarding the advice letter.
If an advice letter does not include a complete cover sheet, as described above, the reviewing Industry Division may reject the advice letter without prejudice or extend the protest period unless and until the utility files and serves the information that is missing or incomplete.
2.2 Form and Content
A utility shall:
(1) number the advice letter sequentially, beginning with No. 1 for the first advice letter filed by the utility for each type of service rendered, followed by a letter designation for the type of service if the Industry Division so requires;
(2) attach the tariff sheets (new or revised) showing the changes that would be made by the advice letter, and list the numbers and titles of the new tariff sheets (if any) and the numbers of tariff sheets proposed to be canceled (if any). If the advice letter proposes to change tariff sheets currently in effect, the proposed changes shall be shown by providing either (i) a redlined version of the tariff sheets, or (ii) the tariff sheets as currently in effect and as proposed with the changes indicated by appropriate symbols along the right-hand margin, using the symbols set forth in the utility's preliminary statement. If the reviewing Industry Division will assign sheet numbers, so indicate. A tariff sheet number may not be used more than once;
(3) state whether any deviations would be created, service withdrawn from any present customer, or more or less restrictive conditions imposed;
(4) if establishing a new non-competitive service (or in the case of a telephone utility, a new Category 1 or 2 service), describe the new service and state its impacts (if any) on rates and service to customers not receiving the new non-competitive service, its impacts (if any) on customer privacy and competitive markets, any educational efforts the utility plans in connection with the new service, and any transactions with the utility's affiliates in the provision of the new service;
(5) if seeking approval of a contract or other deviation from tariffed service, attach a copy;
(6) attach analysis and workpapers used to justify the relief sought in the advice letter, or if the analysis and workpapers are voluminous, provide them within two business days upon request;
(7) cite the statute and/or Commission order establishing the notice requirements applicable to the advice letter, and describe how those requirements were satisfied; and
(8) attach the service list to the original advice letter filed with the reviewing Industry Division, or if the list is identical to a list used previously by the utility, cite the number and date of the advice letter or application that is the source of the list.
In addition, if an advice letter requests a change to a Commission resolution addressing a prior advice letter of the utility, the new advice letter shall specify the resolution to which a change is requested, and shall set forth the following information by way of notice:
(9) The advice letter is subject to Public Utilities Code Section 1708, which states in pertinent part that the Commission may, "upon notice to the parties, and with opportunity to be heard as provided in the case of complaints, rescind, alter, or amend any order or decision made by it."
(10) A person wishing to request an evidentiary hearing must file and serve a timely protest to the advice letter. The protestant must expressly request and explain the need for an evidentiary hearing. The explanation must identify material disputed facts and explain why a hearing must be held.
(11) Any right a person may otherwise have to an evidentiary hearing will be waived if that person does not follow the above procedure for requesting one.
If an advice letter omits any applicable contents, as described above, the reviewing Industry Division may reject the advice letter without prejudice or extend the protest period unless and until the utility files and serves the complete advice letter.
3. Filing and Service
3.1 Service Lists
Each utility shall maintain at least one advice letter service list, which shall include the postal and e-mail addresses, as appropriate, of all persons on the list. To the extent practical, the utility shall maintain separate lists for different types of advice letters (for example, differentiating between water utility districts, customer classes, or particular services), and shall identify the separate lists at the utility's Internet site, so that persons may request and receive only those advice letters of interest. The utility shall include on the service list any person who requests such inclusion, and may periodically confirm the desire of any currently listed person to remain on the list. On or before the date when the utility files an advice letter, it shall serve the advice letter without charge on all persons listed for that type of advice letter.
For purposes of these rules, any person may accept service by Internet. A person indicates acceptance of such service by providing an e-mail address along with a postal address to the utility, Industry Division, or third party serving a document on the person. Notwithstanding such acceptance, the utility, Industry Division, or third party shall make alternative service (including service by first-class mail, personal delivery, or facsimile transmission) immediately whenever the serving party receives notification that service by Internet is unsuccessful.
A utility shall serve its advice letters and related documents by Internet on any person on its advice letter service list who provides an e-mail address. Any such person shall serve that person's advice letter protest and related documents by Internet on the utility filing the advice letter.
3.3 Filing Advice Letters and Related Documents
Advice letters and related documents (e.g., protests, responses, replies, and requests for review) shall be filed with the reviewing Industry Division. The Executive Director may develop procedures for the electronic filing of advice letters; the related documents may be filed electronically under Industry Division procedures. The Industry Division will report advice letters and related documents, and the date of their receipt, in the Daily Calendar.
The date of filing of an advice letter or related document shall be the date of receipt by the reviewing Industry Division and shall be used for purposes of calculating the 20-day protest period, the 30-day initial review period, the period of suspension under Rule 4.6, or the last day for any filing or other deadline that may be computed from the date of filing under these rules. The reviewing Industry Division may reject without prejudice an advice letter due to defective service or omitted contents. Notwithstanding the Industry Division's acceptance of an advice letter for filing, a defect or omission that becomes apparent during review of the advice letter may require rejection of the advice letter without prejudice if the utility fails, upon request, to promptly cure the defect or omission.
Advice letters, protests, responses, and replies are public records, and are open to public inspection, except as provided under the Public Records Act and General Order 66-C (or the then-current successor to General Order 66-C). Any provision the Commission may make, now or in the future, for electronic notice of, and access to, the Commission's public records shall apply to such documents.
3.4 Serving Advice Letters and Related Documents
On or before the date an advice letter is filed, and unless otherwise directed by Commission order, the utility shall serve the advice letter and cover sheet (1) on the utility's advice letter service list, and (2) on any other third parties as specified by statute or other Commission order. Such service shall be by Internet to the extent required by Rule 3.2. In addition, the utility shall make paper service of the advice letter on the Office of Ratepayer Advocates by first-class mail or personal delivery. The requirement to serve the Office of Ratepayer Advocates does not apply to a utility that is a sewer system corporation or a Class B, C, or D water corporation. In addition, the Office of Ratepayer Advocates may waive or modify this service requirement to better accommodate small utilities or alternative service media.
After filing an advice letter, and pending its disposition, the utility shall promptly provide a copy of the advice letter to anyone so requesting. Such provision shall be without charge to anyone who currently receives service from the utility, or to anyone receiving the advice letter by Internet.
The following additional requirements apply to service of any advice letter that requests a change to a Commission resolution. The utility filing such an advice letter shall serve it on anyone who filed a protest or response to the prior advice letter addressed in the resolution, any third party whose name and interest in the relief sought appeared on the face of that prior advice letter (as where the advice letter sought approval of a contract or deviation for the benefit of such third party), and any other persons who had been served with the resolution.
4. Advice Letter Review and Disposition
4.1 Protests and Responses
A protest is a document that objects in whole or in part to the relief requested in an advice letter. The protest shall contain the following information: specification of the advice letter protested; grounds for the protest; supporting factual information or legal argument; name, telephone number, postal address, and (where appropriate) e-mail address of the protestant; and statement that the protest was sent to the utility no later than the date on which the protest was filed with the reviewing Industry Division.
If the protestant believes that the Commission should hold an evidentiary hearing, the protest must expressly request and explain the need for an evidentiary hearing. The explanation must identify material disputed facts and say why a hearing must be held. Any right a protestant may otherwise have to an evidentiary hearing will be waived if the protestant does not follow this procedure for requesting one.
A response differs from a protest in that a response unconditionally supports the relief requested in the advice letter, and may provide useful information regarding the advice letter.
Any person (including individuals, groups, or organizations) may protest or respond to an advice letter. Within 20 days of the date of filing of the advice letter, the protest or response shall be filed with the reviewing Industry Division and served on the same day on the utility. After filing a protest, and pending disposition of the advice letter, the protestant shall promptly provide a copy of the protest to anyone so requesting.
An advice letter may be protested on one or more of the following grounds:
(1) The utility did not properly serve or give notice of the advice letter;
(2) The relief requested in the advice letter would violate statute or Commission order, or is not authorized by statute or Commission order on which the utility relies;
(3) The analysis, calculations, or data in the advice letter contain material errors or omissions;
(4) The relief requested in the advice letter is pending before the Commission in a formal proceeding; or
(5) The relief requested in the advice letter requires consideration in a formal hearing, or is otherwise inappropriate for the advice letter process; or
(6) The relief requested in the advice letter is unjust, unreasonable, or discriminatory, provided that such a protest may not be made where it would require relitigating a prior order of the Commission.
As illustrated in the following examples, a protest may not rely on policy objections to an advice letter where the relief requested in the advice letter follows rules or directions established by statute or Commission order applicable to the utility.
Example 1. Where the Commission has approved a rate change, an advice letter submitting tariff sheets in compliance with the Commission order approving the rate change is not subject to protest on the grounds that the rates are unjust, unreasonable, or discriminatory.
Example 2. Where the Commission does not regulate the rates of a specific type of utility, an advice letter submitting a rate change by a utility of the specified type is not subject to protest on the grounds that the rates are unjust, unreasonable, or discriminatory.
Example 3. Where the Commission has established a rate band within which a utility is free to set rates for a specific type of service, an advice letter submitting a rate change within the band for a service of the specified type is not subject to protest on the grounds that the rates are unjust, unreasonable, or discriminatory.
In all of the above examples, the advice letters may still be protested on other grounds. For example, if the rate change in example 3 falls outside the rate band or applies to a service other than of the specified type, the advice letter would violate the Commission order approving the rate change and is subject to protest on that ground.
4.3 Replies
The utility filing an advice letter shall reply to each protest and may reply to any response. Any such reply shall be filed with the reviewing Industry Division within five business days after the end of the protest period, and shall be served on the same day on each person who filed a protest or response to the advice letter. The protestant may not reply to the utility's reply.
4.4 Late-Filed Protest or Response
The reviewing Industry Division may consider a late-filed protest or response. If an Industry Division considers a late-filed protest or response, it will so notify the utility, and the utility shall have five business days from the date of issuance of the notice within which to reply to the late-filed protest or response.
4.5 Additional Information; Supplements
An Industry Division, to assist its review of an advice letter, may request additional information from the utility. The utility shall respond to the request within five business days unless the Industry Division agrees to a later response, and the Industry Division may reject the advice letter if the utility does not respond promptly and fully. If the Industry Division, after considering the additional information, determines that material factual issues remain, the Industry Division will reject the advice letter without prejudice.
A utility may make minor revisions or corrections to its advice letter at any time before the requested effective date by filing a substitute sheet with the reviewing Industry Division. Changes that generally may be made by substitute sheet include: a correction of a typographical or other insubstantial error; a language clarification; or a later effective date.
The utility shall file a supplement or withdraw the advice letter without prejudice in order to make major revisions or corrections. A substitute sheet or supplement shall be filed and served in the same manner and on the same persons as the advice letter, plus any other persons who have filed a protest or response. A supplement shall bear the same identifying number as the advice letter but shall have a letter suffix ("A" for the first supplement, "B" for the second supplement, etc.).
The filing of a supplement, or of additional information at the request of the reviewing Industry Division, does not automatically continue or reopen the protest period or delay the effective date of the advice letter. The reviewing Industry Division, on its own motion or at the request of any person, may issue a notice continuing or reopening the protest period. Any new protest shall be limited to the substance of the supplement or additional information.
4.6 Initial Review Period; Suspension; Status Report
Except for those advice letters that by statute or Commission order are authorized to go into effect less than 30 days after filing, the initial review period for an advice letter is the 30 days immediately following the date of filing. No later than the last day of the initial review period, the reviewing Industry Division will notify the utility and any protestants if disposition of the advice letter will not occur within the initial review period. The Industry Division may notify the utility, and any protestant who has provided an e-mail address, by Internet.
The Industry Division's notification will suspend the advice letter's effectiveness and will state the reason for the suspension and its expected duration, which will not exceed 120 days from the end of the initial review period unless the utility agrees in writing to a longer suspension period. For any advice letter so suspended, the reviewing Industry Division will proceed promptly with the disposition of the advice letter under Rule 4.7 or Rule 4.8, as appropriate. If the reviewing Industry Division determines that a suspended advice letter requires disposition by the Commission, and the Commission's deliberation on the resolution prepared by the Industry Division extends beyond the expiration of the suspension period, the suspension is automatically extended for a further period, and the Industry Division will so notify the utility and protestants, as above. The further period of suspension will run until the Commission acts on the resolution, but will not exceed 180 days. If the further period ends before the Commission rejects or otherwise acts on the advice letter, the advice letter (if subject to Public Utilities Code Section 455) becomes effective by operation of law on the day after the further period ends.
Each reviewing Industry Division will publish and keep current an advice letter suspension status report at the Commission's Internet site. The report will include the following information for each currently suspended advice letter: identification of the advice letter by utility and advice letter number; date of suspension; reason(s) for suspension; and projected date of disposition. The report will be updated, as needed, to reflect new suspensions and any change of status of a suspended advice letter, including disposition or withdrawal of the advice letter.
4.7 Industry Division Disposition
A utility shall designate in the advice letter whether the utility believes the advice letter is subject to Industry Division disposition. The utility's designation is not binding on the reviewing Industry Division.
The Commission intends by this rule to make advice letters subject to Industry Division disposition in all instances where the delegation of such authority to an Industry Division is lawful.
An advice letter is subject to disposition by the reviewing Industry Division whenever such disposition would be a "ministerial" act, as that term is used regarding advice letter review and disposition. (See Decision 02-02-049.) Industry Division disposition is appropriate where statutes or Commission orders have required the action proposed in the advice letter, or have authorized the action with sufficient specificity, that the Industry Division need only determine as a technical matter whether the proposed action is within the scope of what has already been authorized by statutes or Commission orders. In addition, the Industry Division will reject any advice letter where the advice letter or workpapers are clearly erroneous, including without limitation where there are clear inconsistencies with statute or Commission order.
An advice letter will be subject to Industry Division disposition even though its subject matter is technically complex, so long as a technically qualified person could determine objectively whether the proposed action has been authorized by the statutes or Commission orders cited in the advice letter. Whenever such determination requires more than ministerial action, the disposition of the advice letter on the merits will be by Commission resolution, as provided in Rule 4.8.
Notwithstanding a timely protest, the reviewing Industry Division may approve an advice letter that is subject to disposition under this rule and is otherwise proper, if the protest either (1) is not made on proper grounds as set forth in Rule 4.2, (2) may be rejected on a technical basis as discussed in this rule, or (3) is clearly erroneous.
The Industry Division will review each advice letter filed with it, together with any timely protests, responses, and replies. If the Industry Division, in light of such review, concludes that the advice letter is subject to disposition under this rule (including a deemed approval pursuant to the next paragraph), the Industry Division will report its disposition at the Commission's Internet site. If the advice letter is approved, the Industry Division will either (1) notify the utility by e-mail on the Internet, or (2) return to the utility a complete copy of the advice letter with the effective date stamped on each tariff sheet.
An advice letter that is subject to Public Utilities Code Section 455 or that implements a rate increase previously approved by the Commission is deemed approved if, at the end of the initial review period, the Industry Division has not suspended the advice letter (as provided in Rule 4.6). For advice letters for which these rules do not establish an initial review period (because statutes or Commission orders have authorized them to go into effect less than 30 days after they are filed), these rules do not provide procedures for suspension and effectiveness; instead the procedures for suspension, if any, and effectiveness are those contained in the statutes and Commission orders authorizing the shorter period.
In all cases where there is Industry Division disposition of an advice letter (including "deemed approval"), the Industry Division will issue a written disposition. If the Industry Division rejects an advice letter or grants a protested advice letter, the Industry Division's disposition will state the basis for rejecting the advice letter or the protest. The Industry Division will serve the disposition on the utility and on any person filing a protest or response to the advice letter. Service on the utility, and on any person who is entitled to receive the disposition and has provided an e-mail address, may be by Internet.
If the reviewing Industry Division has suspended an advice letter that the utility properly filed for disposition under this rule, the Industry Division, prior to the expiration of the suspension period, will either (1) issue its disposition, or (2) prepare for the Commission's consideration and place on a Commission meeting agenda a resolution containing the Industry Division's analysis and recommendation regarding the advice letter. The Commission may adopt the resolution or modify it in whole or in part.
4.8 Disposition by Resolution
Except for those circumstances in which, as provided in Rules 2.1, 2.2, 4.5, or 4.7, the reviewing Industry Division may approve or reject an advice letter, the reviewing Industry Division will prepare and place on the Commission's meeting agenda a resolution approving, rejecting, or modifying any advice letter filed with the Industry Division. The resolution will contain the Industry Division's recommended disposition and analysis supporting such disposition. The resolution will also contain an attachment listing all persons served with the resolution, including the utility filing the advice letter, persons protesting or responding to the advice letter, and any third party whose name and interest in the relief sought appear on the face of the advice letter.
The Commission may adopt the resolution or modify it in whole or in part. After the Commission has acted on a resolution, the resolution will be served on the utility, on any person filing a protest to the advice letter, and on any other party to the resolution. (See Rule 77.7 of the Rules of Practice and Procedure.) The disposition of the advice letter will be reported at the Commission's Internet site. If the advice letter is approved, the Industry Division will either (1) notify the utility by e-mail on the Internet, or (2) return to the utility a complete copy of the advice letter with the effective date stamped on each tariff sheet.
5. Review; Application for Rehearing of Resolution
5.1 Review of Industry Division Disposition
The utility or a person filing a protest, or any third party whose name and interest in the relief sought appear on the face of the advice letter may request Commission review of an Industry Division disposition. In exceptional circumstances, a person who has an interest in the advice letter but who did not file a protest may request Commission review. The request must explain the circumstances that entitle the person to make the request (e.g., the person was unable to file a protest or filed a response supporting the advice letter). The request for Commission review shall be filed with the reviewing Industry Division within 10 days after the issuance of the disposition, shall be served on the utility, all persons filing protests or responses, and any third party whose name and interest in the relief sought appear on the face of the advice letter, and shall set forth specifically the grounds on which the requester considers the disposition to be unlawful or erroneous. Upon filing of a timely request for Commission review, the Industry Division will prepare and place on the Commission's meeting agenda a proposed resolution, and will serve it on the requester and all others on whom the request was served. Pending Commission action on the proposed resolution, the advice letter will take effect if it was approved under the Industry Division disposition.
5.2 Application for Rehearing of Resolution
Pursuant to Sections 1731 to 1736 of the Public Utilities Code and Rules 85 to 86.7 of the Commission's Rules of Practice and Procedure, the utility filing an advice letter, any person filing a protest to the advice letter, and any other person who was a party to the resolution under Rule 77.7 of the Rules of Practice and Procedure may apply for rehearing. The application for rehearing shall set forth specifically the grounds on which the applicant considers the resolution to be unlawful or erroneous.
The application for rehearing shall be filed with the Commission's Docket Office, which will assign a docket number to the application. On the same day that it is filed, the application for rehearing shall be served on the reviewing Industry Division and on the same persons who are required to be served with the resolution under Rule 5.1.
6. Petition for Modification; Request for Extension
A Commission resolution issued under these rules is subject to petition for modification to the same extent and under the same procedures as provided, with respect to Commission decisions, by Rule 47 of the Commission's Rules of Practice and Procedure, except that the procedure for filing and serving such a petition is that provided under Rule 5.2 above for filing and serving an application for rehearing.
For an extension of time to comply with a Commission resolution addressing an advice letter, the utility that filed the advice letter shall send a written request to the Executive Director, with copies of the request sent concurrently to the appropriate Industry Division and to all persons on whom the resolution was served. The request, or facsimile of the request, must be received by the Executive Director at least three business days before the date of compliance set in the resolution. If the extension is granted, the utility shall promptly inform all persons on whom the resolution was served of the new date for compliance.
(END OF APPENDIX)
