§ 1731. — 1731. (Amended by Stats. 2024, Ch. 299, Sec. 3.)

California § 1731.

• Jurisdiction: California
• Code PUC: Public Utilities Code - PUC
• Div. 1.: DIVISION 1. REGULATION OF PUBLIC UTILITIES
• Part 1.: PART 1. PUBLIC UTILITIES ACT
• Ch. 9.: CHAPTER 9. Hearings and Judicial Review
• Art. 2.: ARTICLE 2. Rehearings

Text

(a)
The commission shall set an effective date when issuing an order or decision. The commission may set the effective date of an order or decision before the date of issuance of the order or decision.
(b)
(1)
After an order or decision has been made by the commission, a party to the action or proceeding, or a stockholder, bondholder, or other party pecuniarily interested in the public utility affected, may apply for a rehearing in respect to matters determined in the action or proceeding and specified in the application for rehearing. The commission may grant and hold a rehearing on those matters, if in its judgment sufficient reason is made to appear. A cause
of action arising out of any order or decision of the commission shall not accrue in any court to any corporation or person unless the corporation or person has filed an application to the commission for a rehearing within 30 days after the date of issuance or within 10 days after the date of issuance in the case of an order issued pursuant to either Article 5 (commencing with Section 816) or Article 6 (commencing with Section 851) of Chapter 4 relating to security transactions and the transfer or encumbrance of utility property.
(2)
The commission shall notify the parties of the issuance of an order or decision by either mail or electronic transmission. Notification of the parties may be accomplished by one of the following methods:
(A)
Mailing the order or decision to the
parties to the action or proceeding.
(B)
If a party to an action or proceeding consents in advance to receive notice of any order or decision related to the action or proceeding by electronic mail address, notification of the party may be accomplished by transmitting an electronic copy of the official version of the order or decision to the party if the party has provided an electronic mail address to the commission.
(C)
If a party to an action or proceeding consents in advance to receive notice of any order or decision related to the action or proceeding by electronic mail address, notification of the party may be accomplished by transmitting a link to an internet website where the official version of the order or decision is readily available to the party if the party has
provided an electronic mail address to the commission.
(3)
For purposes of this article, “date of issuance” means the mailing or electronic transmission date that is stamped on the official version of the order or decision.
(c)
A cause of action arising out of an order or decision of the commission construing, applying, or implementing Chapter 4 of the Statutes of the 2001–02 First Extraordinary Session that (1) relates to the determination or implementation of the department’s revenue requirements, or the establishment or implementation of bond or power charges necessary to recover those revenue requirements, or (2) in the sole determination of the Department of Water Resources, the expedited review of order or decision of the commission is necessary or desirable, for the
maintenance of any credit ratings on any bonds or notes of the department issued pursuant to Division 27 (commencing with Section 80000) of the Water Code or for the department to meet its obligations with respect to any bonds or notes pursuant to that division, shall not accrue in any court to any corporation or person unless the corporation or person has filed an application with the commission for a rehearing within 10 days after the date of issuance of the order or decision. The Department of Water Resources shall notify the commission of any determination pursuant to paragraph (2) of this subdivision before the issuance by the commission of any order or decision construing, applying, or implementing Chapter 4 of the Statutes of the 2001–02 First Extraordinary Session. The commission shall issue its decision and order on rehearing within 210 days after the filing of the application.
(d)
A cause of action arising out of an order or decision of the commission construing, applying, or implementing Article 5.7 (commencing with Section 849) or Article 5.8 (commencing with Section 850) of Chapter 4 shall not accrue in any court to any entity or person unless the entity or person has filed an application to the commission for a rehearing within 10 days after the date of issuance of the order or decision. The commission shall issue its decision and order on rehearing within 210 days after the filing of that application.
(e)
A cause of action arising out of an executive director disposition of a protest to a General Order 131-D notice of proposed construction deemed exempt from the requirement to submit an application for a permit or certificate for an electrical transmission
facility shall not accrue in any court to any entity or person unless the entity or person has filed an application to the commission for a rehearing within 10 days after the date of issuance of the disposition. The commission shall issue its decision and order on rehearing within 90 days after the filing of that application.

Legislative History

Amended by Stats. 2024, Ch. 299, Sec. 3. (AB 551) Effective January 1, 2025.