Article 21.  Rehearings

85. (Rule 85)  Time

Application for rehearing of a Commission order or decision shall be served on all parties and accompanied by a certificate of service. The application shall be filed within 30 days after the date of issuance, or within 10 days of issuance in the case of an order relating to security transactions and the transfer or encumbrance of utility property. For purposes of this rule, "date of issuance" means the date when the Commission mails the order or decision to the parties to the action or proceeding.

Note: Authority cited: Section 1701, Public Utilities Code; and Section 2, Article XII, California Constitution. Reference: Section 1731, Public Utilities Code.

86. (Rule 86)  Effect of Filing

Mere filing of an application for rehearing shall not excuse compliance with an order or a decision. (See P.U. Code Sec. 1735.) An application filed ten or more days before the effective date of an order suspends the order until the petition is granted or denied. Absent further Commission order, this suspension will lapse after 60 days. The Commission may extend the suspension period. (See P.U. Code Sec. 1733.)

86.1. (Rule 86.1)  Contents

Applications for rehearing shall set forth specifically the grounds on which applicant considers the order or decision of the Commission to be unlawful or erroneous. Applicants are cautioned that vague assertions as to the record or the law, without citation, may be accorded little attention. The purpose of an application for rehearing is to alert the Commission to an error, so that error may be corrected expeditiously by the Commission.

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

86.2. (Rule 86.2)  Response

A response to an application for rehearing is not necessary. Any response may be filed no later than fifteen days after the day the application for rehearing was filed. In instances of multiple applications for rehearing the response may be to all such applications, and may be filed fifteen days after the last application for rehearing was filed. The Commission is not obligated to withhold a decision on an application for rehearing to allow time for a response to be filed.

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

86.3. (Rule 86.3) Criteria for Oral Arguments

(a) An application for rehearing will be considered for oral argument if the application or a response to the application (1) demonstrates that oral argument will materially assist the Commission in resolving the application, and (2) the application or response raises issues of major significance for the Commission because the challenged order or decision:

(i) adopts new Commission precedent or departs from existing Commission precedent without adequate explanation;

(ii) changes or refines existing Commission precedent;

(iii) presents legal issues of exceptional controversy, complexity, or public importance; and/or

(iv) raises questions of first impression that are likely to have significant precedential impact.

(b) These criteria are not exclusive and are intended to assist the Commission in choosing which applications for rehearing are suitable for oral argument. The Commission has complete discretion to determine the appropriateness of oral argument in any particular matter. Arguments must be based only on the evidence of record. Oral argument is not deemed part of the evidentiary record. The evidentiary record will stand as it did at the time of the Commission's decision.

(c) For purposes of this rule, "existing Commission precedent" is a prior Commission decision that the Commission expects to follow.

Note: Authority cited: Section 1701, Public Utilities Code; and Section 2, Article XII, California Constitution.

86.4. (Rule 86.4) Requesting Oral Argument

A party desiring oral argument should request it in the application for rehearing. The request for oral argument should explain why the issues raised in the application meet the criteria stated in Rule 86.3. Any party, in its response to an application for rehearing, may make its own request, or respond to the rehearing applicant's request, for oral argument; if it does either, the party must comment on why the issues raised meet or do not meet the criteria stated in Rule 86.3.

Note: Authority cited: Section 1701, Public Utilities Code; and Section 2, Article XII, California Constitution.

86.5. (Rule 86.5) Selection of Rehearing Applications for Oral Argument

The Legal Division will evaluate all requests for oral argument. Based on that evaluation, the General Counsel will recommend to the President of the Commission whether or not to hold oral argument on a particular application for rehearing. The President has the discretion to accept, deny, or modify the General Counsel's recommendations. At the request of any other Commissioner, the President's determination will be placed on the Commissioner's meeting agenda for consideration by the full Commission.

Note: Authority cited: Section 1701, Public Utilities Code; and Section 2, Article XII, California Constitution.

86.6. (Rule 86.6) Scheduling and Notice of Oral Argument

Where oral argument of an application for rehearing is granted, the argument will ordinarily be held before the matter appears on the Commission's closed session meeting agenda for decision. Oral argument will be scheduled in a manner that will not unduly delay the resolution of the application for rehearing. At least ten days prior to the oral argument, the Commission will serve all parties to the proceeding with a notice of the oral argument, which may set forth the issues to be addressed at the argument, the order of presentation, time limitations, and other appropriate procedural matters. Normally, no more than one hour will be allowed for oral argument in any particular proceeding.

Note: Authority cited: Section 1701, Public Utilities Code; and Section 2, Article XII, California Constitution.

86.7. (Rule 86.7) Participation in Oral Argument

Participation in the oral argument will ordinarily be limited to those parties who have filed or responded to the application for rehearing. Other parties to the proceeding may participate with the permission or at the invitation of the Commission. Requests to participate should be directed to the General Counsel and should be made at least seven days before the date set for oral argument.

Note: Authority cited: Section 1701, Public Utilities Code; and Section 2, Article XII, California Constitution.