Change is Coming for CPUC Procedures

Spring cleaning has come to the California Public Utilities Commission (CPUC) as it sets on a path to overhaul its Rules of Practice and Procedure. On May 4, 2017, Administrative Law Judge Wildgrube issued Draft Resolution ALJ-344 with the purpose of implementing statutory amendments pursuant to SB 215, reflecting changes in the CPUC’s administration, streamlining certain procedures, and providing greater clarity.

The Draft Resolution proposed 25 modifications to the rules. The comments are due 45 days after publication in California Regulatory Notice Register (likely due in July 2017).

Of the 25 proposed rule changes, there’s a balanced mix of proposed changes that are favorable, unfavorable, and neutral from the perspective of regulated utilities. The most significant changes have been made to the rule governing ex parte communications, pursuant to SB 215. Below are some highlights from the Draft Resolution.

Key Changes to Ex Parte Communications Rules

• Adds the definition of “party” to include CPUC staff assigned to a proceeding in an advocacy capacity. This change would presumably limit certain communications by CPUC staff.
• Defines “procedural matters” narrowly, which would restrict certain communications that in the past were made on the basis that they were relevant to procedural items.
• Expands definition of “decisionmaker” to include Commissioners’ policy and legal advisory staff assigned to a Commissioner’s office.
• Bars individual oral ex parte communications in ratesetting proceedings within 3 days of the scheduled vote on the matter.
• Provides the Assigned Commissioner authority to issue a ruling to restrict or prohibit ex parte communications in a quasi-legislative or ratesetting proceeding or to require reporting of ex parte communications in a quasi-legislative proceeding.
• Subjects oral ex parte communications regarding adjudicatory or ratesetting proceedings at conferences to notice and reporting requirements, except in regard conference presentations and accompanying question and answer periods.
• Provides the Commission with express authority to impose penalties and sanctions for ex parte violations from $500 up to $50,000 for each offense per day, or more in certain circumstances.

• Rescinds the assigned Commissioner’s discretion not to conduct a prehearing conference, or issue a scoping memo in adjudicatory and ratesetting proceedings.
• Eliminates the requirement that the Commission will make agenda item documents available at 9:00 a.m. on the day of the Commission meeting.
• Eliminates the option of tendering documents for filing in hard copy.
• Allows eligible local government entities to seek intervenor compensation.
• Eliminates the requirement that an intervenor who intends to request compensation for costs of judicial review to file a supplemental notice of intent after appearing in judicial review proceeding.