Article 3.  Complaints and Commission Investigations

9. (Rule 9)  Who May Complain

(a) A complaint may be filed by any corporation or person, chamber of commerce, board of trade, labor organization, or any civic, commercial, mercantile, traffic, agricultural or manufacturing association or organization, or any body politic or municipal corporation, setting forth any act or thing done or omitted to be done by any public utility including any rule or charge heretofore established or fixed by or for any public utility, in violation, or claimed to be in violation, of any provision of law or of any order or rule of the Commission.

No complaint shall be entertained by the Commission, except upon its own motion, as to the reasonableness of any rates or charges of any gas, electrical, water, or telephone corporation, unless it be signed by the mayor or the president or chairman of the board of trustees or a majority of the council, commission, or other legislative body of the city or city and county within which the alleged violation occurred, or by not less than 25 actual or prospective consumers or purchasers of such gas, electric, water, or telephone service. (See P.U. Code Sec. 1702.)

(b) A complaint may be filed by any interested party, as described in paragraph (a) hereof, setting forth any rate, charge, or provision affecting any rate or charge, of any highway permit carrier, in violation, or claimed to be in violation, of any provision of law (including P.U. Code Section 3662) or of any order or rule of the Commission, except as provided below.

(c) No complaint shall be entertained by the Commission as to the reasonableness of any rate, charge, or provision of a highway carrier if such rate has been specifically found to be reasonable by the Commission, unless the complaint sets forth relevant factors which have changed since the Commission made such finding.

Note: Authority and reference cited: Section 1702, Public Utilities Code; Statutes 1977, Ch. 1091.

10. (Rule 10) Form and Contents of Complaint

In addition to being drafted to comply with Rules 2 through 2.6, complaints shall state the full name, address and telephone number of each complainant and his attorney, if any, and of each defendant. The specific act complained of shall be set forth in ordinary and concise language. The complaint shall be so drawn as to completely advise the defendant and the Commission of the facts constituting the grounds of the complaint, the injury complained of, and the exact relief which is desired. (See Public Utilities Code Secs. 1702 and 1707.)

A complaint which does not allege that the matter has first been brought to the staff for informal resolution may be referred to the staff to attempt to resolve the matter informally.

10.1 (Rule 10.1)  Form and Contents of Complaint (Radio/Telephone Utilities)

In addition, when both the complainant and defendant are radiotelephone utilities, and the complaint alleges unlawful or improper actions or intentions by the defendant, each and every allegation will be documented, and each utility involved will submit a current balance sheet together with an income and expense statement showing the nature and type of operating expenses for the past 12 months. If the matter has been referred to the staff, consideration will be given as to whether the complaint is anti-competitive in nature when both complainant and defendant serve an area common to each. Furthermore, the Commission will not entertain complaints of service area invasion where there are only minor overlaps of service area. Overlaps will be considered minor where the overlap does not exceed 10% of service area of either utility and does not provide substantial coverage of additional major communities.

11. (Rule 11)  Copies

An original plus seven conformed copies of a complaint or amendment thereto, plus one additional copy for each named defendant, shall be presented to the Commission for filing.

Note: Authority Section 1701, Public Utilities Code; Reference: Section 1701, Public Utilities Code.

12. (Rule 12)  Service of Complaints

When a complaint or amendment is accepted for filing (see Rule 3), the Docket Office shall serve a copy on each defendant. (P.U. Code Secs. 8, 1704).

13. (Rule 13) Time for Answers

Within thirty days after the date of service of the complaint, the defendant shall answer the complaint. The Commission, the Chief Administrative Law Judge, or the presiding officer may require the filing of an answer within a shorter time.


Requests for an extension of time to answer shall be directed to the Chief Administrative Law Judge, or the presiding officer, in writing, and a copy shall be served on all parties. The request shall indicate complainant's acquiescence to the extension of time or the measures taken by defendant in his or her unsuccessful effort to obtain acquiescence. The Chief Administrative Law Judge, or the presiding officer, shall notify the parties of his or her ruling.

If an amendment to a complaint is filed before receipt of the answer, the defendant's time to answer the complaint shall be thirty days from the date of service of the amendment, unless otherwise directed. Amendments to a complaint made subsequent to the filing of an answer need not be answered.

13.1. (Rule 13.1) Contents of Answers

The answer must admit or deny each material allegation in the complaint and shall set forth any new matter constituting a defense. Its purpose is to fully advise the complainant and the Commission of the nature of the defense. It should also set forth any defects in the complaint which require amendment or clarification. Failure to indicate jurisdictional defects does not waive these defects and shall not prevent a motion to dismiss made thereafter.

Answers must comply with the requirements of Rules 2 through 2.6, and include the full name, address, and telephone number of defendant and the defendant's attorney, if any, and indicate service on all complainants.

Note: Authority cited: Section 1701, Public Utilities Code.

13.2. (Rule 13.2)  Expedited Complaint Procedure

(a) This procedure is applicable to complaints against any electric, gas, water, heat, or telephone company where the amount of money claimed does not exceed the jurisdictional limit of the small claims court as set forth in subdivision (a) of Section 116.220 of the Code of Civil Procedure.

(b) No attorney at law shall represent any party other than himself or herself under the Expedited Complaint Procedure.

(c) No pleading other than a complaint and answer is necessary.

(d) A hearing without a reporter shall be held within 30 days after the answer is filed.

(e) Separately stated findings of fact and conclusions of law will not be made, but the decision may set forth a brief summary of the facts.

(f) Complainants and defendants shall comply with all rules in this Article dealing with complaints. Use of the Expedited Complaint Procedure does not excuse compliance with any applicable rule in the Commission's Rules of Practice and Procedure.

(g) The Commission or the presiding officer, when the public interest so requires, may at any time prior to the filing of a decision terminate the Expedited Complaint Procedure and recalendar the matter for hearing under the Commission's regular procedure.

(h) The parties shall have the right to file applications for rehearing pursuant to Section 1731 of the Public Utilities Code. If the Commission grants an application for rehearing, the rehearing shall be conducted under the Commission's regular hearing procedure.

(i) Decisions rendered pursuant to the Expedited Complaint Procedure shall not be considered as precedent or binding on the Commission or the courts of this state.

Note: Authority cited: Section 1701, Public Utilities Code. Reference: Section 1702.1, Public Utilities Code.

14. (Rule 14)  Commission Investigations

The Commission may at any time institute investigations on its own motion.  Orders instituting investigation shall indicate the nature of the matters to be investigated, and will be served upon the person or entity being investigated.  A respondent need not file a pleading in response to the investigatory order unless so directed therein.

Notice of Commission-instituted investigations directed at specific utilities or regulated entities will be served on them.  However, investigation proceedings affecting as a class highway carriers, railroads, express corporations, freight forwarders, pipelines, passenger stage corporations, charter-party carriers, or vessels will be noticed only on the Daily Calendar.  The order instituting the proceeding, in addition to being noticed on such calendar, may be mailed with the Daily Calendar, or the Calendar may state how to obtain a copy from the Commission staff.

Note: Authority cited: Section 1701, Public Utilities Code; and Section 2, Article XII, California Constitution. Reference: Sections 701, 703, 705, 728, 728.5, 729, 730, 3502, 3541, 5102 and 5112, Public Utilities Code.