California Code of Regulations › Title 20 - Public Utilities and Energy › Division 1 - Public Utilities Commission › Chapter 1 - Rules of Practice and Procedure › Article 16 - Rehearing, Modification and Time to Comply › Section 16.4 - (Rule 16.4) Petition for Modification

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A petition for modification asks the
				  Commission to make changes to an issued decision. Filing a petition for
				  modification does not preserve the party's appellate rights; an application for
				  rehearing (see Rule 16.1) is the vehicle to request rehearing and preserve a
				  party's appellate rights.
(b) A
				  petition for modification of a Commission decision must concisely state the
				  justification for the requested relief and must propose specific wording to
				  carry out all requested modifications to the decision. Any factual allegations
				  must be supported with specific citations to the record in the proceeding or to
				  matters that may be officially noticed. Allegations of new or changed facts
				  must be supported by an appropriate declaration or affidavit.
(c) A petition for modification must be filed
				  and served on all parties to the proceeding or proceedings in which the
				  decision proposed to be modified was made. If more than one year has elapsed
				  since the effective date of the decision, the Administrative Law Judge may
				  direct the petitioner to serve the petition on other persons.
(d) Except as provided in this subsection, a
				  petition for modification must be filed and served within one year of the
				  effective date of the decision proposed to be modified. If more than one year
				  has elapsed, the petition must also explain why the petition could not have
				  been presented within one year of the effective date of the decision. If the
				  Commission determines that the late submission has not been justified, it may
				  on that ground issue a summary denial of the petition.
(e) If the petitioner was not a party to the
				  proceeding in which the decision proposed to be modified was issued, the
				  petition must state specifically how the petitioner is affected by the decision
				  and why the petitioner did not participate in the proceeding earlier.
(f) Responses to petitions for modification
				  must be filed within 30 days of the date that the petition was filed. Responses
				  must be served on the petitioner and on all parties who were served with the
				  petition.
(g) With the permission
				  of the Administrative Law Judge, the petitioner may reply to responses to the
				  petition. Replies must be filed and served within 10 days of the last day for
				  filing responses, unless the Administrative Law Judge sets a different date. A
				  reply must state in the opening paragraph that the Administrative Law Judge has
				  authorized its filing and must state the date and the manner in which the
				  authorization was given (i.e., in writing, by telephone conversation,
				  etc.).
(h) Unless otherwise ordered
				  by the Commission, the filing of a petition for modification does not stay or
				  excuse compliance with the order of the decision proposed to be modified. The
				  decision remains in effect until the effective date of any decision modifying
				  the decision.
1.
					 Renumbering of former section
					 47 to new section
					 16.4, including amendment of
					 section heading and section filed 9-13-2006; operative 9-13-2006 pursuant to
					 Government Code section
					 11351(a)
					 (Register 2006, No. 37).
Note: Authority cited: Section
						1701,
						Public Utilities Code; and Section
						2, Article XII, California
						Constitution. Reference: Section
						1708,
						Public Utilities Code.