California Code of Regulations › Title 20 - Public Utilities and Energy › Division 1 - Public Utilities Commission › Chapter 1 - Rules of Practice and Procedure › Article 6 - Rulemaking › Section 6.3 - (Rule 6.3) Petition for Rulemaking

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Pursuant to this rule, any person may
				  petition the Commission under Public Utilities Code Section
				  1708.5
				  to adopt, amend, or repeal a regulation. The proposed regulation must apply to
				  an entire class of entities or activities over which the Commission has
				  jurisdiction and must apply to future conduct.
(b) Form and Content. A petition must
				  concisely state the justification for the requested relief, and if adoption or
				  amendment of a regulation is sought, the petition must include specific
				  proposed wording for that regulation. In addition, a petition must state
				  whether the issues raised in the petition have, to the petitioner's knowledge,
				  ever ben litigated before the Commission, and if so, when and how the
				  Commission resolved the issues, including the name and case number of the
				  proceeding (if known). A petition that contains factual assertions must be
				  verified. Unverified factual assertions will be given only the weight of
				  argument. The caption of a petition must contain the following wording:
				  "Petition to adopt, amend, or repeal a regulation pursuant to Pub. Util. Code
				  §
										1708.5."
(c) Service and Filing. Petitions must be
				  served upon Executive Director, Chief Administrative Law Judge, Director of the
				  appropriate industry division, and Public Advisor. Prior to filing, petitioners
				  must consult with the Public Advisor to identify any additional persons upon
				  whom to serve the petition. If a petition would result in the modification of a
				  prior Commission order or decision, then the petition must also be served on
				  all parties to the proceeding or proceedings in which the decision that would
				  be modified was issued. The assigned Administrative Law Judge may direct the
				  petitioner to serve the petition on additional persons.
(d) Responses and Replies. Responses to a
				  petition must be filed and served on all persons who were served with the
				  petition within 30 days of the date that the petition was served, unless the
				  assigned Administrative Law Judge sets a different date. The petitioner and any
				  other person 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.
(e) The requirements of Article 8 regarding
				  communications with decisionmakers and Commissioners' advisors do not apply to
				  petitions for rulemaking.
(f) The
				  Commission will not entertain a petition for rulemaking on an issue that the
				  Commission has acted on or decided not to act on within the preceding 12
				  months.
1. New
					 section filed 10-19-98; designated effective 1-1-98 by Decision 97-12-043.
					 Submitted to OAL for printing only (Register 98, No. 43).
2.
					 Renumbering of former section
					 6.3 to section
					 7.3 and renumbering of former
					 section 14.7 to new section
					 6.3, 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).
3. Amendment of subsection (d) filed
					 1-30-2018; operative 4-1-2018. Submitted to OAL for limited review pursuant to
					 Government Code section
					 11351 and
					 Public Utilities Code section
					 311(h)
					 (Register 2018, No. 5).
Note: Authority cited: Sections
						1701
						and
						1708.5,
						Public Utilities Code. Reference: Section
						1708.5,
						Public Utilities Code.