ALJ/HSY/tcg Mailed 2/23/2006
BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA
Rulemaking to Update, Clarify and Recodify Rules of Practice and Procedure.
|
FILED PUBLIC UTILITIES COMMISSION SAN FRANCISCO, CALIFORNIA RULEMAKING 06-02-011 |
ORDER INSTITUTING RULEMAKING...............................................................1
I. Summary 2
II. Recodification 2
III. General Provisions 5
IV. Cross-references to General Provisions 6
V. Code of Ethics 8
VI. Ex Parte Rules 9
VII. Scoping Memo 12
VIII. Radiotelephone Utilities 13
IX. Rulemaking Definition 14
X. Articles of Incorporation 14
XI. Service of Rate Increase Applications 15
XII. Restatements of Law and Statutory Requirements 15
XIII. Shortened Procedure Tariff Docket 16
XIV. Additional Requirements for Carriers, and Complaints
Against Carriers 17
XV. Railroad and Light-Rail Transit Crossings 17
XVI. Deviations from Established Minimum Rates 19
XVII. Law and Motion 19
XVIII. Discovery 20
XIX. Prehearing Conference and Facts Disclosed at Prehearing
Conference Privileged 21
XX. Settlements 22
XXI. Participation in Proceedings 23
XXII. Prepared Testimony 24
XXIII. Additional Evidence, Submission of the Record, and Oral Argument 25
XXIV. Comment on Recommended Decisions 26
XXV. "Unforeseen Emergency" 28
XXVI. "Petition" versus "Motion" 30
XXVII. Text of the Proposed Rules 30
XXVIII. Next Steps 31
XXIX. Scoping 31
Finding of Fact 32
Conclusion of Law 32
Appendix A - Proposed Recodification
Appendix B - Table of Recodified Rules
Appendix C - Proposed Recodification - Strikethrough/Underline Format
Appendix D - Service List in R.04-01-005
I. Summary
We propose to amend and recodify the Rules of Practice and Procedure in order to update, clarify and simplify them. For the most part, the proposed amendments (1) repeal rules that have been rendered obsolete by changes in statute or practice; (2) delete redundant rules, rules which define commonly understood terms and phrases, and rules which merely state the Commission's existing authority or reiterate statutory requirements; (3) edit rules to reflect and formalize standard Commission practices; and (4) simplify the language and organization of the rules. The proposed recodification reorganizes the rules in a more logical fashion reflective of the course of Commission proceedings, making it easier to identify and locate rules regarding particular subjects.
Some of the proposed amendments would also enact substantive changes prompted by our experience with the rules, changes in statute or Commission practice, and the opportunity to codify interim rules currently in effect under Commission resolutions. We address these amendments separately below.
Taken together, these changes shorten the bulk of the Rules of Practice and Procedure by nearly 40 percent.
