Background
Assembly Bill (AB) 301 (Wright), approved by the Governor on September 28, 1999, and effective January 1, 2000, adds Pub. Util. Code §1708.5.1 Section 1708.5 requires the Commission to permit interested persons to petition the Commission to adopt, amend, or repeal a regulation.2 This is the first Petition we have acted upon pursuant to § 1708.5, which became effective on January 1, 2000.
A petition, under § 1708.5, provides the public with an opportunity to participate in shaping Commission policy by proposing rules that have general applicability and future effect. Section 1708.5 requires the Commission to:
1. Permit interested persons to petition the Commission to adopt, amend, or repeal a regulation.
2. Process these petitions under the Commission's Rules of Practice and Procedure (Rules) in effect on January 1, 2000.
3. Amend its Rules on or before July 1, 2001, to provide more specific procedures for handling these petitions and possibly define more precisely the term "regulation" for the purpose of § 1708.5.
The Commission has not yet amended its Rules for this purpose; this petition has been processed under its existing rules, consistent with Section 1708.5.
1 Unless stated otherwise, all statutory citations are to the California Public Utilities Code. 2 AB 301 contained intent language that stated that, as used in subdivision (a) of Section 1708.5, the term" interested persons," be construed broadly, and not as a bar to standing and that the term "regulation," not be construed to refer to all orders and decisions of the Commission, but, rather, be construed as a general reference to rules of general applicability and future effect. Additionally, the intent language of AB 301 stated that Petitions are not to be a vehicle for asking the Commission to reconsider any or all of its decisions, or for asking the Commission to reconsider recently decided matters where there has been no change in circumstances.
