Article 12. Protests and Responses to Applications
44. (Rule 44) Definitions
A protest is a document objecting to the granting in whole or in part of the authority sought in an application (except an application for rehearing). For purposes of this article, a response is a document that does not object to the authority sought in an application, but nevertheless presents information that the party tendering the response believes would be useful to the Commission in acting on the application.
Note: Authority cited: Section 1701, Public Utilities Code; and Section 2, Article XII, California Constitution.
44.1. (Rule 44.1) Time for Filing and Filing Requirements
Unless otherwise provided by rule, decision, or General Order, a protest or response must be filed within 30 days of the date the notice of the filing of the application first appears in the Daily Calendar. Protests and responses to applications must comply with Rules 2, 2.1, 2.2, and 2.5.
Note: Authority cited: Section 1701, Public Utilities Code; and Section 2, Article XII, California Constitution.
44.2 (Rule 44.2) Contents of Protests
A protest must state the facts constituting the grounds for the protest, the effect of the application on the protestant, and the reasons the protestant believes the application, or a part of it, is not justified. If the protest requests an evidentiary hearing, the protest must state the facts the protestant would present at an evidentiary hearing to support its request for whole or partial denial of the application.
Note: Authority cited: Section 1701, Public Utilities Code; and Section 2, Article XII, California Constitution.
44.3. (Rule 44.3) Service of Protest or Response
A protest or response must be served on each person the application lists as being authorized to receive service (Rule 2.1(a)). Service must comply with Rule 2.3.
Note: Authority cited: Section 1701, Public Utilities Code; and Section 2, Article XII, California Constitution.
44.4 (Rule 44.4) Effect of Filing a Protest
The filing of a protest does not insure that an evidentiary hearing will be held. The decision whether or not to hold an evidentiary hearing will be based on the content of the protest. The Commission may also calendar matters for hearing on its own motion.
Note: Authority cited: Section 1701, Public Utilities Code; and Section 2, Article XII, California Constitution.
44.5 (Rule 44.5) Copy of Document on Request
Applicants, protestants, and parties tendering responses must promptly furnish a copy of their applications, protests, or responses to each person requesting one.
Note: Authority cited: Section 1701, Public Utilities Code; and Section 2, Article XII, California Constitution.
44.6 (Rule 44.6) Replies
An applicant may file replies to protests and responses within 10 days of the last day for filing protests and responses under Rule 44.1, unless the administrative law judge sets a different date. Replies must comply with Rules 2, 2.1, 2.2, and 2.5 and must be served on all protestants, all parties tendering responses, and the assigned administrative law judge (Rule 2.3).
Note: Authority cited: Section 1701, Public Utilities Code; and Section 2, Article XII, California Constitution.
