Rules of Practice and Procedure

Article 3.5. Rulemaking

14.1. (Rule 14.1) Definition

Rulemaking is a formal Commission proceeding in which written proposals, comments, or exceptions are used instead of evidentiary hearings.

Note: Authority and reference cited: Section 1701, Public Utilities Code; Statutes 1951, Ch. 764.

14.2. (Rule 14.2) Scope of Rulemaking

The Commission may elect to apply rulemaking to the following types of formal proceedings:

(a) Proceedings to establish rules, regulations, and guidelines for a class of public utilities or of other regulated entities.

(b) Proceedings to consider the adoption, repeal, or amendment of General Orders.

(d) Proceedings which may modify prior Commission decisions which were adopted by rulemaking.

Note: Authority and reference cited: Section 1701, Public Utilities Code; Statutes 1951, Ch. 764.

14.3. (Rule 14.3) Notice of Rulemaking

Rulemaking proceedings when instituted shall be noticed on the commission's Daily Calendar. Rulemaking proceedings shall be designated as Orders Instituting Rulemaking (OIR). The Order Instituting Rulemaking shall be served by the Executive Director on all respondents and known interested parties.

Note: Authority and reference cited: Section 1701, Public Utilities Code; Statutes 1951, Ch. 764.

14.4. (Rule 14.4) Rulemaking Procedures

(a) Rulemaking may be instituted either by the Commission proposing rules, regulations, guidelines, or rates or by the Commission instituting a proceeding for the express purpose of receiving proposals.

(b) The time allowed to submit proposals, comments, or exceptions will be specified either in the Order Instituting Rulemaking or thereafter by the Assigned Commissioner and/or Administrative Law Judge. The Commission may permit respondents and interested parties the opportunity to make oral argument regarding proposals after their written proposals, comments, or exceptions have been filed.

Note: Authority and reference cited: Section 1701, Public Utilities Code; Statutes 1951, Ch. 764.

14.5. (Rule 14.5) Form of Proposals, Comments, and Exceptions

All proposals, comments, and exceptions submitted by respondents and interested parties shall be tendered for filing to the Docket Office with a certificate of service indicating service by mail on all known interested parties. Rules 2, 2.1, 2.2, and 2.5 shall apply to all pleadings filed in rulemaking proceedings. All pleadings which contain factual assertions shall be verified. Unverified factual assertions will be given only the weight of argument.

Note: Authority and reference cited: Section 1701, Public Utilities Code; Statutes 1951, Ch. 764.

14.6. (Rule 14.6) Cross-References

(a) Form and Size of Tendered Documents - Rule 2

(b) Caption, Title, and Docket Number - Rule 2.1

(d) Service - Rule 2.3

(e) Verification - Rule 2.4

(f) Copies - Rule 2.5

Note: Authority and reference cited: Section 1701, Public Utilities Code; Statutes 1951, Ch. 764.

14.7. (Rule 14.7) Petition for Rulemaking

(a) Pursuant to this rule, any person may petition the Commission under Public Utilities Code Section 1708.5 to adopt, amend, or repeal a regulation. The proposed regulation must apply to an entire class of entities or activities over which the Commission has jurisdiction and must apply to future conduct. This rule does not authorize petitions to adopt, amend, or repeal Commission Rules of Practice and Procedure.

(b) Definitions. For purposes of this rule, (1) "industry division" means a division (or its successor, as designated by the Commission) whose function is to advise and otherwise assist the Commission in regulating a particular utility industry; and (2) "interested parties" means those persons on service lists identified by the Public Advisor's Office and other persons who have an economic or other interest sufficient to warrant participation in a particular petition.

(c) Form and Content. A petition must concisely state the justification for the requested relief, and if adoption or amendment of a regulation is sought, the petition must include specific proposed wording for that regulation. In addition, a petition must state whether the issues raised in the petition have, to the petitioner's knowledge, ever been litigated before the Commission, and if so, when and how the Commission resolved the issues, including the name and case number of the proceeding (if known). A petition that contains factual assertions must be verified. Unverified factual assertions will be given only the weight of argument. Petitions must comply with all applicable requirements of Article 2 (Filing of Documents) of the Commission's Rules of Practice and Procedure, and the caption of a petition must contain the following wording: "Petition to adopt, amend, or repeal a regulation pursuant to Pub. Util. Code § 1708.5."

(d) Service and Filing. Petitions must be served upon the Executive Director, Chief Administrative Law Judge, Director of the appropriate industry division, Public Advisor and all known interested parties. Parties filing petitions must consult with the Public Advisor to identify a service list to be used to give persons generally interested in Commission rulemakings notice of the petition. If a petition would result in the modification of a regulation adopted in a past Commission order or decision, then the petition must also be served on all parties to the proceeding or proceedings in which the regulation that would be modified was adopted. The assigned Administrative Law Judge may direct the petitioner to serve the petition on additional persons.

(e) Responses and Replies. Responses to a petition must be filed and served on all parties who were served with the petition within 30 days of the date that the petition was served, unless the assigned Administrative Law Judge sets a different date. The petitioner and any other party may reply to responses to the petition. Replies must be filed and served within 10 days of the last day for filing responses, unless the Administrative Law Judge sets a different date.

(f) The Commission's rules restricting ex parte communications and imposing reporting requirements do not apply to petitions for rulemaking.

(g) The Commission will not entertain a petition for rulemaking on an issue that the Commission has acted on or decided not to act on within the preceding 12 months.

Note: Authority Cited: Sections 1701 and 1708.5, Public Utilities Code. Reference: Section 1708.5, Public Utilities Code.