VII. Rehearing and Judicial Review
This decision construes, applies, implements, and interprets the provisions of AB 1X (Chapter 4 of the Statutes of 2001-02 First Extraordinary Session). Therefore, Pub. Util. Code § 1731(c) (applications for rehearing are due within 10 days after the date issuance of the order or decision) and Pub. Util. Code § 1768 (procedures applicable to judicial review) are applicable.
We note that Senate Bill (SB) 772 links the disposition of the limited rehearing of D.03-08-076 with the refinancing of the bankruptcy Regulatory Asset by the issuance of Energy Recovery Bonds (Bonds) in terms of the allocation of costs from new municipal load of the "fixed recovery amounts and any associated fixed recovery tax amounts."37 Pursuant to SB 772, new MDL cost responsibility applicable to the Bonds must be consistent with the disposition of the rehearing of D.03-08-076 as determined in this proceeding.38 This is another reason for expedited review of any application for rehearing of today's decision. However, because this is not a financing order, we note that the provisions of Pub. Util. Code § 1769 set forth in SB 772 do not apply. The provisions of Pub. Util. Code § 1769 would require the filing of any court challenge within ten days of the issuance of the instant decision. Rather, judicial review procedures set forth in Pub. Util. Code § 1768 apply.
37 See Pub. Util. Code § 848.1(c).
38 See Pub. Util. Code, § 848.1(c ).
