- For ex parte rules, definition of “Party” includes CPUC staff acting in an advocacy capacity—this will bar prohibited ex parte communications with CPUC advocacy staff and add to a level playing field
- Clarifies notice for ex parte is 3 working days in advance
- Clarifies that at conferences, decisionmaker’s/interested person’s presentation or dialogue during a question and answer session where the audience includes a decisionmaker/interested person is not a prohibited one-way communication or an ex parte communication
Potential new challenges for regulated entities:
- Bars ex parte communications within 3 days of Commission meeting
- Assigned Commissioner has discretion to restrict ex parte communications in quasi-legislative and ratesetting proceedings
- Limits definition of “procedural” matters, for purposes of ex parte rules, to matters that inquiring party does not reasonably believe is in controversy
- Adds Commissioner advisory staff to definition of “decisionmaker” for ex parte rules, which will expand the prohibition on ex parte communications
- Removes discretion not to conduct a prehearing conference
- Removes discretion not to 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, but rather moves availability to the start of meeting
- The Commission now has express authority to impose penalties and sanctions for ex parte violations, from $500 up to $50,000 for each offense