reglab/statecodes huggingface dataset:
California Code of Regulations › Title 20 - Public Utilities and Energy › Division 1 - Public Utilities Commission › Chapter 1 - Rules of Practice and Procedure › Article 10 - Discovery › Section 10.1 - (Rule 10.1) Discovery from Parties

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Without limitation to the rights of the Commission or its
					 staff under Pub. Util. Code Sections
					 309.5 and
					 314, any party may obtain
					 discovery from any other party regarding any matter, not privileged, that is
					 relevant to the subject matter involved in the pending proceeding, if the
					 matter either is itself admissible in evidence or appears reasonably calculated
					 to lead to the discovery of admissible evidence, unless the burden, expense, or
					 intrusiveness of that discovery clearly outweighs the likelihood that the
					 information sought will lead to the discovery of admissible evidence. Where it
					 would aid in efficiency and transparency, parties may request that the assigned
					 Administrative Law Judge establish a process whereby discovery requests and
					 non-confidential responses from parties are appropriately distributed to other
					 parties in the proceeding.
1. New
					 section filed 4-10-78; designated effective 3-24-78 by Decision 88513 in Case
					 10210, see Section
					 11445,
					 Government Code (Register 78, No. 15).
2. New article 10 heading and
					 repealer and new section filed 9-13-2006; operative 9-13-2006 pursuant to
					 Government Code section
					 11351(a)
					 (Register 2006, No. 37).
3. Amendment filed 3-15-2021; operative
					 5-1-2021 pursuant to Government Code section
					 11343.4(b)(3).
					 Submitted to OAL for limited review pursuant to Government Code section
					 11351 and
					 Public Utilities Code section
					 311(h)
					 (Register 2021, No. 12).
Note: Authority cited: Section
						1701,
						Public Utilities Code. Reference: Section
						1701,
						Public Utilities Code.
California Code of Regulations › Title 20 - Public Utilities and Energy › Division 1 - Public Utilities Commission › Chapter 1 - Rules of Practice and Procedure › Article 10 - Discovery › Section 10.3 - (Rule 10.3) Computer Model Documentation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any party who sponsors testimony or
				  exhibits which are based in whole, or in part, on a computer model shall
				  provide to any party upon request, the following information:
(1) A description of the source of all input
				  data;
(2) The complete set of input
				  data (input file) as used in the sponsoring party's computer run(s);
(3) Documentation sufficient for an
				  experienced professional to understand the basic logical processes linking the
				  input data to the output, including but not limited to a manual which includes:
(A) A complete list of variables (input
				  record types), input record formats, and a description of how input files are
				  created and data entered as used in the sponsoring party's computer
				  model(s).
(B) A complete
				  description of how the model operates and its logic. This description may make
				  use of equations, algorithms, flow charts, or other descriptive
				  techniques.
(C) A description of a
				  diagnostics and output report formats as necessary to understand the model's
				  operation.
(4) A complete
				  set of output files relied on to prepare or support the testimony or exhibits;
				  and
(5) A description of
				  post-processing requirements of the model output.
California Code of Regulations › Title 20 - Public Utilities and Energy › Division 1 - Public Utilities Commission › Chapter 1 - Rules of Practice and Procedure › Article 10 - Discovery › Section 10.4 - (Rule 10.4) Computer Model and Data Base Access

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any party seeking access to a computer
				  model or data base shall serve on the sponsoring party a written explanation of
				  why it requests access to the information and how its request relates to its
				  interest or position in the proceeding.
(b) Any sponsoring party shall provide timely
				  and reasonable access to, and explanation of, that computer model or data base
				  to all parties complying with subsection (a).
(c) If a party requests access to a data
				  base, the sponsoring party may, at its election, either
(1) provide such access on its own
				  computer,
(2) perform any data
				  sorts requested by the requesting party,
(3) make the data base available to the
				  requesting party to run on the requesting party's own computer, or
(4) make the data base available through an
				  external computer service.
California Code of Regulations › Title 20 - Public Utilities and Energy › Division 1 - Public Utilities Commission › Chapter 1 - Rules of Practice and Procedure › Article 10 - Discovery › Section 11 - (Rule 11) Copies. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
					 filed 10-10-75; designated effective 9-30-75 by Resolution A-4416, see Section
					 11445,
					 Gov. Code (Register 75, No. 41).
2. Change without regulatory effect
					 amending section and NOTE filed 9-13-2000 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2000, No. 37).
3. Repealer 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. Reference: Section
						1701,
						Public Utilities Code.
California Code of Regulations › Title 20 - Public Utilities and Energy › Division 1 - Public Utilities Commission › Chapter 1 - Rules of Practice and Procedure › Article 11 - Law and Motion › Section 11.1 - (Rule 11.1) Motions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A motion is
				  a request for the Commission or the Administrative Law Judge to take a specific
				  action related to an open proceeding before the Commission.
(b) A motion may be made at any time during
				  the pendency of a proceeding by any party to the proceeding. A motion may also
				  be made by a person who is not a party if it is accompanied by a motion,
				  pursuant to Rule 1.4, to become a party.
(c) Written motions must be filed and served.
				  The Administrative Law Judge may permit an oral motion to be made during a
				  hearing or conference.
(d) A motion
				  must concisely state the facts and law supporting the motion and the specific
				  relief or ruling requested.
(e)
				  Responses to written motions must be filed and served within 15 days of the
				  date that the motion was served, except as otherwise provided in these Rules or
				  unless the Administrative Law Judge sets a different date. Responses to oral
				  motions may be made as permitted by the Administrative Law Judge.
(f) With the permission of the Administrative
				  Law Judge, the moving party may reply to responses to the motion. Written
				  replies must be filed and served within 10 days of the last day for filing
				  responses under subsection (e) unless the Administrative Law Judge sets a
				  different date. A written 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.).
(g) Nothing in
				  this rule prevents the Commission or the Administrative Law Judge from ruling
				  on a motion before responses or replies are filed.
1. New
					 article 11 heading and renumbering of former section
					 45 to new section
					 11.1, 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
						1701,
						Public Utilities Code.
California Code of Regulations › Title 20 - Public Utilities and Energy › Division 1 - Public Utilities Commission › Chapter 1 - Rules of Practice and Procedure › Article 11 - Law and Motion › Section 11.2 - (Rule 11.2) Motion to Dismiss

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A motion to dismiss a proceeding based on the pleadings
					 (other than a motion based upon a lack of jurisdiction) shall be made no later
					 than five days prior to the first day of hearing.
1.
					 Renumbering of former section
					 56 to new section
					 11.2, including amendment of
					 section heading and section and new NOTE 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. Reference: Section
						1701,
						Public Utilities Code.
California Code of Regulations › Title 20 - Public Utilities and Energy › Division 1 - Public Utilities Commission › Chapter 1 - Rules of Practice and Procedure › Article 11 - Law and Motion › Section 11.3 - (Rule 11.3) Motion to Compel or Limit Discovery

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A motion to compel or limit discovery is
				  not eligible for resolution unless the parties to the dispute have previously
				  met and conferred in a good faith effort to informally resolve the dispute. The
				  motion shall state facts showing a good faith attempt at an informal resolution
				  of the discovery dispute presented by the motion, and shall attach a proposed
				  ruling that clearly indicates the relief requested.
(b) Responses to motions to compel or limit
				  discovery shall be filed and served within 10 days of the date that the motion
				  was served.
1. New
					 section filed 9-13-2006; operative 9-13-2006 pursuant to Government Code
					 section
					 11351(a)
					 (Register 2006, No. 37).
2. Change without regulatory effect
					 amending section filed 6-23-2009 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2009, No. 26).
Note: Authority cited: Section
						1701,
						Public Utilities Code. Reference: Section
						1701,
						Public Utilities Code.
California Code of Regulations › Title 20 - Public Utilities and Energy › Division 1 - Public Utilities Commission › Chapter 1 - Rules of Practice and Procedure › Article 11 - Law and Motion › Section 11.4 - (Rule 11.4) Motion for Leave to File Under Seal

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A motion for leave to file under seal
				  shall attach a proposed ruling that clearly indicates the relief
				  requested.
(b) Responses to motions
				  to file pleadings, or portions of pleading, under seal shall be filed and
				  served within 10 days of the date that the motion was served.
1. New
					 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. Reference: Section
						1701,
						Public Utilities Code.
California Code of Regulations › Title 20 - Public Utilities and Energy › Division 1 - Public Utilities Commission › Chapter 1 - Rules of Practice and Procedure › Article 11 - Law and Motion › Section 11.5 - (Rule 11.5) Motion to Seal the Evidentiary Record

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Motions to seal the evidentiary record or
				  portions thereof may be made at hearing, unless the presiding officer directs
				  otherwise.
(b) If the motion to
				  seal the evidentiary record concerns prepared testimony or other material
				  offered in evidence by written motion, it shall be made by concurrent written
				  motion.
1. New
					 section filed 9-13-2006; operative 9-13-2006 pursuant to Government Code
					 section
					 11351(a)
					 (Register 2006, No. 37).
2. Amendment of subsection (b) filed
					 3-15-2021; operative 5-1-2021 pursuant to Government Code section
					 11343.4(b)(3).
					 Submitted to OAL for limited review pursuant to Government Code section
					 11351 and
					 Public Utilities Code section
					 311(h)
					 (Register 2021, No. 12).
Note: Authority cited: Section
						1701,
						Public Utilities Code. Reference: Section
						1701,
						Public Utilities Code.
California Code of Regulations › Title 20 - Public Utilities and Energy › Division 1 - Public Utilities Commission › Chapter 1 - Rules of Practice and Procedure › Article 11 - Law and Motion › Section 11.6 - (Rule 11.6) Motion for Extension of Time

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Motions for extension of time limits established in these
					 rules or in a ruling of an Administrative Law Judge or Commissioner may be made
					 orally, by e-mail, or by letter to the Administrative Law Judge. If other
					 parties to the proceeding are affected by the extension, the party requesting
					 the extension must first make a good-faith effort to ask such parties to agree
					 to the extension. The party requesting the extension must report the results of
					 this effort when it makes its request. If the extension is granted, the party
					 requesting the extension shall notify all other parties to the proceeding of
					 the extension, unless the grant of the extension is by oral ruling delivered on
					 the record of the proceeding. If the extension is in regard to the time to file
					 a document, the opening paragraph of the document shall indicate that the
					 Administrative Law Judge has granted the extension. No extensions will be
					 granted of time requirements established by statute, unless the statute permits
					 extension or waiver of the requirement.
1.
					 Renumbering of former section
					 48 to new section
					 11.6, 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).
2. Amendment filed 6-4-2009; operative
					 7-4-2009 (Register 2009, No. 23). Submitted to OAL for limited review pursuant
					 to Government Code section
					 11351 and
					 Public Utilities Code section
					 311(h).
Note: Authority cited: Section
						1701,
						Public Utilities Code; and Section
						2, Article XII, California
						Constitution. Reference: Section
						1701,
						Public Utilities Code.
California Code of Regulations › Title 20 - Public Utilities and Energy › Division 1 - Public Utilities Commission › Chapter 1 - Rules of Practice and Procedure › Article 11 - Law and Motion › Section 11.7 - (Rule 11.7) Referral to Law and Motion Judge

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The assigned Administrative Law Judge may refer motions for
					 the resolution of discovery disputes to a designated Law and Motion
					 Administrative Law Judge.
The Law and Motion Administrative Law Judge shall preside
					 over discovery matters referred to him or her by the assigned Administrative
					 Law Judge. The Law and Motion Administrative Law Judge may set law and motion
					 hearings and take such other action as may be necessary and appropriate to the
					 discharge of his or her duties. Rulings under this procedure will be deemed to
					 be rulings in the proceeding in which the motions are filed.
1. New
					 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. Reference: Section
						1701,
						Public Utilities Code.
California Code of Regulations › Title 20 - Public Utilities and Energy › Division 1 - Public Utilities Commission › Chapter 1 - Rules of Practice and Procedure › Article 11 - Law and Motion › Section 12 - (Rule 12) Service of Complaints. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
					 filed 2-20-76; designated effective 2-10-76 by Resolution A-4507, see Section
					 11445,
					 Gov. Code (Register 76, No. 8).
2. Amendment filed 5-6-76;
					 designated effective 2-10-76 by Resolution A-4507, see Section
					 11445,
					 Gov. Code (Register 76, No. 19).
3. Amendment filed 10-19-98;
					 designated effective 1-1-98 by Decision 97-12-043. Submitted to OAL for
					 printing only (Register 98, No. 43).
4. Renumbering of former
					 section 12 to new section
					 4.3, including amendment of
					 section heading, section and NOTE filed 9-13-2006; operative 9-13-2006 pursuant
					 to Government Code section
					 11351(a)
					 (Register 2006, No. 37).
California Code of Regulations › Title 20 - Public Utilities and Energy › Division 1 - Public Utilities Commission › Chapter 1 - Rules of Practice and Procedure › Article 12 - Settlements › Section 12.2 - (Rule 12.2) Comments

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Parties may file comments contesting all or part of the
					 settlement within 30 days of the date that the motion for adoption of
					 settlement was served.
Comments must specify the portions of the settlement that
					 the party opposes, the legal basis of its opposition, and the factual issues
					 that it contests. If the contesting party asserts that hearing is required by
					 law, the party shall provide appropriate citation and specify the material
					 contested facts that would require a hearing. Any failure by a party to file
					 comments constitutes waiver by that party of all objections to the settlement,
					 including the right to hearing.
Parties may file reply comments within 15 days after the
					 last day for filing comments.
1.
					 Renumbering of former section
					 51.5 to new section
					 12.2, including amendment of
					 section heading, section and NOTE 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. Reference: Section
						1701,
						Public Utilities Code.
California Code of Regulations › Title 20 - Public Utilities and Energy › Division 1 - Public Utilities Commission › Chapter 1 - Rules of Practice and Procedure › Article 12 - Settlements › Section 12.3 - (Rule 12.3) Hearing Where Contested

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If there are no material contested issues of fact, or if
					 the contested issue is one of law, the Commission may decline to set
					 hearing.
If a hearing is set, it will be scheduled as soon after the
					 close of the comment period as reasonably possible. Discovery will be permitted
					 and should be well underway prior to the close of the comment period. Parties
					 to the settlement must provide one or more witnesses to testify concerning the
					 contested issues. Contesting parties may present evidence and testimony on the
					 contested issues.
1.
					 Renumbering of former section
					 51.6 to new section
					 12.3, including amendment of
					 section heading, section and NOTE 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. Reference: Section
						1701,
						Public Utilities Code.
California Code of Regulations › Title 20 - Public Utilities and Energy › Division 1 - Public Utilities Commission › Chapter 1 - Rules of Practice and Procedure › Article 12 - Settlements › Section 12.4 - (Rule 12.4) Rejection of Settlement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Commission may reject a proposed settlement whenever it
					 determines that the settlement is not in the public interest. Upon rejection of
					 the settlement, the Commission may take various steps, including the
					 following:
(a) Hold hearings on the
				  underlying issues, in which case the parties to the settlement may either
				  withdraw it or offer it as joint testimony,
(b) Allow the parties time to renegotiate the
				  settlement,
(c) Propose alternative
				  terms to the parties to the settlement which are acceptable to the Commission
				  and allow the parties reasonable time within which to elect to accept such
				  terms or to request other relief.
1.
					 Renumbering of former section
					 51.7 to new section
					 12.4, including amendment of
					 section heading, section and NOTE 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. Reference: Section
						1701,
						Public Utilities Code.
California Code of Regulations › Title 20 - Public Utilities and Energy › Division 1 - Public Utilities Commission › Chapter 1 - Rules of Practice and Procedure › Article 12 - Settlements › Section 12.5 - (Rule 12.5) Adoption Binding, Not Precedential

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Commission adoption of a settlement is binding on all
					 parties to the proceeding in which the settlement is proposed. Unless the
					 Commission expressly provides otherwise, such adoption does not constitute
					 approval of, or precedent regarding, any principle or issue in the proceeding
					 or in any future proceeding.
1.
					 Renumbering of former section
					 51.8 to new section
					 12.5, including amendment of
					 section heading, section and NOTE 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. Reference: Section
						1701,
						Public Utilities Code.
California Code of Regulations › Title 20 - Public Utilities and Energy › Division 1 - Public Utilities Commission › Chapter 1 - Rules of Practice and Procedure › Article 12 - Settlements › Section 12.6 - (Rule 12.6) Confidentiality and Inadmissibility

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
No discussion, admission, concession or offer to settle,
					 whether oral or written, made during any negotiation on a settlement shall be
					 subject to discovery, or admissible in any evidentiary hearing against any
					 participant who objects to its admission. Participating parties and their
					 representatives shall hold such discussions, admissions, concessions, and
					 offers to settle confidential and shall not disclose them outside the
					 negotiations without the consent of the parties participating in the
					 negotiations.
If a settlement is not adopted by the Commission, the terms
					 of the proposed settlement is also inadmissible unless their admission is
					 agreed to by all parties joining in the proposal.
1.
					 Renumbering of former section
					 51.9 to new section
					 12.6, including amendment of
					 section heading, section and NOTE 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. Reference: Section
						1701,
						Public Utilities Code.
California Code of Regulations › Title 20 - Public Utilities and Energy › Division 1 - Public Utilities Commission › Chapter 1 - Rules of Practice and Procedure › Article 12 - Settlements › Section 12.7 - (Rule 12.7) Applicability

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Exhibits may be sponsored by two or more parties in a
					 Commission hearing as joint testimony without application of these
					 rules.
1.
					 Renumbering of former section
					 51.10 to new section
					 12.7, including amendment of
					 section heading, section and NOTE 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. Reference: Section
						1701,
						Public Utilities Code.
California Code of Regulations › Title 20 - Public Utilities and Energy › Division 1 - Public Utilities Commission › Chapter 1 - Rules of Practice and Procedure › Article 12 - Settlements › Section 13 - (Rule 13) Time for Answers. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
					 filed 2-20-76; designated effective 2-10-76 by Resolution A-4508, see Section
					 11445,
					 Gov. Code (Register 76, No. 8).
2. Amendment filed 7-19-77;
					 designated effective 6-28-77 by Resolution A-4690, see Section
					 11445,
					 Government Code (Register 77, No. 30).
3. Amendment filed 10-19-98;
					 designated effective 1-1-98 by Decision 97-12-043. Submitted to OAL for
					 printing only (Register 98, No. 43).
3. Repealer filed 9-13-2006;
					 operative 9-13-2006 pursuant to Government Code section
					 11351(a)
					 (Register 2006, No. 37).
California Code of Regulations › Title 20 - Public Utilities and Energy › Division 1 - Public Utilities Commission › Chapter 1 - Rules of Practice and Procedure › Article 13 - Hearings, Evidence, Briefs and Submission › Section 13.1 - (Rule 13.1) Notice

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  Commission shall give notice of evidentiary hearing not less than ten days
				  before the date of hearing, unless it finds that public necessity requires
				  hearing at an earlier date.
(b)
				  Whenever any electrical, gas, heat, telephone, water, or sewer system utility
				  files an application to increase any rate, the utility shall give notice of any
				  public participation hearing that may be set in the proceeding, not less than
				  five nor more than 30 days before the date of the public participation hearing,
				  to entities or persons who may be affected thereby, by posting notice in public
				  places, which may include the website of the utility, and by publishing notice
				  in a newspaper or newspapers of general circulation in the area or areas
				  concerned, of the time, date, and place of hearing. Proof of publication and
				  sample copies of the notices shall be filed within 10 days after
				  publication.
(c) In addition to the
				  notice required by this rule, parties shall provide such notice of hearing as
				  the presiding officer may designate.
1. New
					 section filed 2-20-76; designated effective 2-10-76 by Resolution A-4508, see
					 Section
					 11445,
					 Gov. Code (Register 76, No. 8).
2. Amendment filed 10-19-98;
					 designated effective 1-1-98 by Decision 97-12-043. Submitted to OAL for
					 printing only (Register 98, No. 43).
3. New article 13 heading,
					 renumbering of former section
					 13.1 to new section
					 4.4 and renumbering of former
					 section 52 to new section
					 13.1, including amendment of
					 section heading and section and new NOTE filed 9-13-2006; operative 9-13-2006
					 pursuant to Government Code section
					 11351(a)
					 (Register 2006, No. 37).
4. Amendment of subsection (a) filed
					 1-8-2014; operative 4-1-2014. Submitted to OAL for limited review pursuant to
					 Government Code section
					 11351 and
					 Public Utilities Code section
					 311(h)
					 (Register 2014, No. 2).
5. Amendment of subsection (b) and amendment
					 of NOTE filed 3-15-2021; operative 5-1-2021 pursuant to Government Code section
					 11343.4(b)(3).
					 Submitted to OAL for limited review pursuant to Government Code section
					 11351 and
					 Public Utilities Code section
					 311(h)
					 (Register 2021, No. 12).
Note: Authority cited: Section
						1701,
						Public Utilities Code. Reference: Section
						1701,
						Public Utilities Code.
California Code of Regulations › Title 20 - Public Utilities and Energy › Division 1 - Public Utilities Commission › Chapter 1 - Rules of Practice and Procedure › Article 13 - Hearings, Evidence, Briefs and Submission › Section 13.3 - (Rule 13.3) Assigned Commissioner Presence

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In any ratesetting proceeding, the
				  assigned Commissioner shall be present at the closing argument, if any, and, if
				  designated as presiding officer, shall be present for more than one-half of the
				  hearing days.
(b) In any
				  ratesetting proceeding, a party may request the presence of the assigned
				  Commissioner at a hearing or specific portion of a hearing. The request may be
				  made in a pleading or a prehearing conference statement. Alternatively, the
				  request may be made by filing and serving on all parties a letter to the
				  assigned Commissioner, with a copy to the assigned Administrative Law Judge.
				  The request should be made as far as possible in advance of the hearing, and
				  should specify (1) the witnesses and/or issues for which the assigned
				  Commissioner's presence is requested, (2) the party's best estimate of the
				  dates when such witnesses and subject matter will be heard, and (3) the reasons
				  why the assigned Commissioner's presence is requested. The assigned
				  Commissioner has sole discretion to grant or deny, in whole or in part, any
				  such request. Any request that is filed five or fewer business days before the
				  date when the subject hearing begins may be rejected as untimely.
(c) For purposes of this rule, "present" or
				  "presence" at a hearing or argument means physical attendance in the hearing
				  room or remote participation, sufficient to familiarize the attending
				  Commissioner with the substance of the evidence, testimony, or argument for
				  which the Commissioner's presence is required or requested.
1.
					 Renumbering of former section
					 8 to new section
					 13.3, 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).
2. Repealer of subsection (c), subsection
					 relettering, amendment of newly designated subsection (c) and amendment of NOTE
					 filed 3-15-2021; operative 5-1-2021 pursuant to Government Code section
					 11343.4(b)(3).
					 Submitted to OAL for limited review pursuant to Government Code section
					 11351 and
					 Public Utilities Code section
					 311(h)
					 (Register 2021, No. 12).
Note: Authority cited: Section
						1701,
						Public Utilities Code. Reference: Section
						1701.3(b),
						Public Utilities Code.
California Code of Regulations › Title 20 - Public Utilities and Energy › Division 1 - Public Utilities Commission › Chapter 1 - Rules of Practice and Procedure › Article 13 - Hearings, Evidence, Briefs and Submission › Section 13.4 - (Rule 13.4) Order of Procedure

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In hearings on complaints, applications and petitions, the
					 complainant, applicant, or petitioner shall open and close. In hearings on
					 investigation proceedings where filed rates or rules which do not result in an
					 increase have been suspended, the respondent shall open and close. In other
					 investigation proceedings, the Commission's staff shall open and close.
					 Intervenors shall follow the parties in whose behalf the intervention is made.
					 The presiding officer, where circumstances warrant, may vary the order of
					 presentation.
1.
					 Renumbering of former section
					 57 to new section
					 13.4, including amendment of
					 section heading and section and new NOTE 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. Reference: Section
						1701,
						Public Utilities Code.
California Code of Regulations › Title 20 - Public Utilities and Energy › Division 1 - Public Utilities Commission › Chapter 1 - Rules of Practice and Procedure › Article 13 - Hearings, Evidence, Briefs and Submission › Section 13.5 - (Rule 13.5) Limiting Number of Witnesses

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
To avoid unnecessary cumulative evidence, the presiding
					 officer may limit the number of witnesses or the time for testimony upon a
					 particular issue.
1.
					 Renumbering of former section
					 58 to new section
					 13.5, including amendment of
					 section heading and new NOTE 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. Reference: Section
						1701,
						Public Utilities Code.
California Code of Regulations › Title 20 - Public Utilities and Energy › Division 1 - Public Utilities Commission › Chapter 1 - Rules of Practice and Procedure › Article 13 - Hearings, Evidence, Briefs and Submission › Section 13.6 - (Rule 13.6) Evidence

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In
				  hearings before the Commission, the technical rules of evidence, whether
				  statutory, common law, or adopted by court, need not be applied. Although
				  evidence need not be excluded merely by application of rules governing
				  admissibility, competency, weight, or foundation in the record, the rights of
				  parties to meaningfully participate in the proceeding and to public policy
				  protections shall be preserved.
(b)
				  When objections are made to the admission or exclusion of evidence, the grounds
				  relied upon shall be stated briefly.
(c) The Commission may review evidentiary
				  rulings in determining the matter on its merits. In extraordinary
				  circumstances, where prompt decision by the Commission is necessary to promote
				  substantial justice, the assigned Commissioner or Administrative Law Judge may
				  refer evidentiary rulings to the Commission for determination.
(d) Formal exceptions to rulings are
				  unnecessary and need not be taken.
(e) An offer of proof for the record shall
				  consist of a statement of the substance of the evidence to which objection has
				  been sustained.
1.
					 Renumbering of former sections
					 64,
					 65,
					 66 and
					 67 to new section
					 13.6, including amendment of
					 section heading and section and new NOTE filed 9-13-2006; operative 9-13-2006
					 pursuant to Government Code section
					 11351(a)
					 (Register 2006, No. 37).
2. Amendment of subsection (a) filed
					 3-15-2021; operative 5-1-2021 pursuant to Government Code section
					 11343.4(b)(3).
					 Submitted to OAL for limited review pursuant to Government Code section
					 11351 and
					 Public Utilities Code section
					 311(h)
					 (Register 2021, No. 12).
Note: Authority cited: Section
						1701,
						Public Utilities Code. Reference: Section
						1701,
						Public Utilities Code.
California Code of Regulations › Title 20 - Public Utilities and Energy › Division 1 - Public Utilities Commission › Chapter 1 - Rules of Practice and Procedure › Article 13 - Hearings, Evidence, Briefs and Submission › Section 13.7 - (Rule 13.7) Exhibits

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Exhibits and copies of exhibits shall be legible and either prepared on paper
				  not exceeding 8 ½ x 13 inches in size, or folded to that approximate
				  size. Exhibits of two or more pages shall be bound or stapled and, wherever
				  practicable, the pages of each exhibit shall be numbered. Exhibits that contain
				  multiple chapters or attachments shall include a table of contents. Rate
				  comparisons and other figures shall be set forth in tabular form. The top sheet
				  of an exhibit must have a blank space two inches high by four inches wide to
				  accommodate the Commission's exhibit stamp.
(b) When exhibits are offered in evidence,
				  the original plus one copy shall be furnished to the presiding officer and one
				  copy to the reporter and to each party, unless the presiding officer directs
				  otherwise.
(c) Documentary exhibits
				  shall be limited to those portions of the document that are relevant and
				  material to the proceeding.
(d) If
				  relevant and material matter offered in evidence is embraced in a document
				  containing other matter, parties shall be afforded opportunity to examine the
				  document, and to offer in evidence other portions thereof believed material and
				  relevant.
(e) All documents that
				  are prepared, directly or indirectly, by the party offering them into evidence
				  shall be certified under penalty of perjury by the person preparing or in
				  charge of preparing them as being true and correct, unless the person preparing
				  them is dead or has been declared incompetent, in which case any other person
				  having knowledge of such statements of fact may certify such
				  documents.
(f) Exhibits shall be
				  submitted as "supporting documents" using the Electronic Filing System on the
				  Commission's website at http://www.cpuc.ca.gov/PUC/efiling.
(i) Prepared testimony (see Rule 13.8) shall
				  be submitted on the same day as it is served.
(ii) All other exhibits shall be submitted by
				  no later than three business days from the conclusion of evidentiary
				  hearing.
California Code of Regulations › Title 20 - Public Utilities and Energy › Division 1 - Public Utilities Commission › Chapter 1 - Rules of Practice and Procedure › Article 13 - Hearings, Evidence, Briefs and Submission › Section 13.8 - (Rule 13.8) Prepared Testimony

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Prepared testimony may be offered in evidence as an exhibit in lieu of oral
				  testimony under direct examination, provided that copies shall have been served
				  upon all parties prior to hearing and pursuant to the schedule adopted in the
				  proceeding. Prepared testimony shall constitute the entirety of the witness's
				  direct testimony, and shall include any exhibits to be offered in support of
				  the testimony and, in the case of an expert witness, a statement of the
				  witness's qualifications.
(b)
				  Direct testimony in addition to the prepared testimony previously served, other
				  than the correction of minor typographical or wording errors that do not alter
				  the substance of the prepared testimony, will not be accepted into evidence
				  unless the sponsoring party shows good cause why the additional testimony could
				  not have been served with the prepared testimony or should otherwise be
				  admitted. Corrections to minor typographical or wording errors in prepared
				  testimony may be offered in evidence as an exhibit in lieu of oral testimony
				  under direct examination.
(c)
				  Prepared testimony and accompanying exhibits may be offered and received into
				  evidence without direct or cross examination absent objection by any
				  party.
1.
					 Renumbering of former section
					 68 to new section
					 13.8, including amendment of
					 section heading, section and NOTE filed 9-13-2006; operative 9-13-2006 pursuant
					 to Government Code section
					 11351(a)
					 (Register 2006, No. 37).
2. Amendment of subsection (a), repealer of
					 subsection (c), subsection relettering and amendment of newly designated
					 subsection (c) filed 1-8-2014; operative 4-1-2014. Submitted to OAL for limited
					 review pursuant to Government Code section
					 11351 and
					 Public Utilities Code section
					 311(h)
					 (Register 2014, No. 2).
3. Amendment of subsection (c) 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: Section
						1701,
						Public Utilities Code. Reference: Section
						1701,
						Public Utilities Code.
California Code of Regulations › Title 20 - Public Utilities and Energy › Division 1 - Public Utilities Commission › Chapter 1 - Rules of Practice and Procedure › Article 13 - Hearings, Evidence, Briefs and Submission › Section 13.9 - (Rule 13.9) Duty to Meet and Confer

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Unless the assigned Commissioner or assigned Administrative Law Judge orders
				  otherwise, no later than 10 calendar days after the submission of rebuttal
				  testimony the parties must meet and confer, in person or via remote
				  participation to consider the following:
(1)
				  Identifying and, if possible, informally resolving any anticipated
				  motions;
(2) Identifying the facts
				  and issues in the case that are uncontested and may be the subject of
				  stipulation;
(3) Identifying the
				  facts and issues in the case that are in dispute;
(4) Determining whether the contested issues
				  in the case can be narrowed; and
(5) Determining whether settlement is
				  possible.
California Code of Regulations › Title 20 - Public Utilities and Energy › Division 1 - Public Utilities Commission › Chapter 1 - Rules of Practice and Procedure › Article 13 - Hearings, Evidence, Briefs and Submission › Section 13.10 - (Rule 13.10) Official Notice of Facts

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Official notice may be taken of such matters as may be
					 judicially noticed by the courts of the State of California pursuant to
					 Evidence Code section
					 450 et
					 seq.
1.
					 Renumbering of former section
					 74 to new section
					 13.10, including amendment of
					 section heading and section and new NOTE filed 9-13-2006; operative 9-13-2006
					 pursuant to Government Code section
					 11351(a)
					 (Register 2006, No. 37).
2. Renumbering of former section
					 13.10 to section
					 13.11 and renumbering of former
					 section 13.9 to section
					 13.10 filed 3-15-2021; operative
					 5-1-2021 pursuant to Government Code section
					 11343.4(b)(3).
					 Submitted to OAL for limited review pursuant to Government Code section
					 11351 and
					 Public Utilities Code section
					 311(h)
					 (Register 2021, No. 12).
Note: Authority cited: Section
						1701,
						Public Utilities Code. Reference: Section
						1701,
						Public Utilities Code.
California Code of Regulations › Title 20 - Public Utilities and Energy › Division 1 - Public Utilities Commission › Chapter 1 - Rules of Practice and Procedure › Article 13 - Hearings, Evidence, Briefs and Submission › Section 13.11 - (Rule 13.11) Additional Evidence

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Administrative Law Judge or presiding officer, as
					 applicable, may require the production of further evidence upon any issue. Upon
					 agreement of the parties, the presiding officer may authorize the receipt of
					 specific documentary evidence as a part of the record within a fixed time after
					 the hearing is adjourned, reserving exhibit numbers therefor.
1.
					 Renumbering of former section
					 75 to new section
					 13.11, 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).
2. Amendment filed 1-8-2014; operative
					 4-1-2014. Submitted to OAL for limited review pursuant to Government Code
					 section
					 11351 and
					 Public Utilities Code section
					 311(h)
					 (Register 2014, No. 2).
3. Amendment of section heading 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).
4. Renumbering of former section
					 13.11 to section
					 13.12 and renumbering of former
					 section 13.10 to section
					 13.11 filed 3-15-2021; operative
					 5-1-2021 pursuant to Government Code section
					 11343.4(b)(3).
					 Submitted to OAL for limited review pursuant to Government Code section
					 11351 and
					 Public Utilities Code section
					 311(h)
					 (Register 2021, No. 12).
Note: Authority cited: Section
						1701,
						Public Utilities Code. Reference: Section
						1701,
						Public Utilities Code.
California Code of Regulations › Title 20 - Public Utilities and Energy › Division 1 - Public Utilities Commission › Chapter 1 - Rules of Practice and Procedure › Article 13 - Hearings, Evidence, Briefs and Submission › Section 13.12 - (Rule 13.12) Briefs

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Administrative Law Judge or presiding officer, as
					 applicable, may fix the time for the filing of briefs. Concurrent briefs are
					 preferable. Factual statements must be supported by identified evidence of
					 record. Citations to the transcript must indicate the transcript page number(s)
					 and identify the party and witness sponsoring the cited testimony. Citations to
					 exhibits must indicate the exhibit number and exhibit page number. A brief of
					 more than 20 pages shall contain a subject index, a table of authorities, and a
					 summary of the briefing party's recommendations following the table of
					 authorities.
1. New
					 section filed 9-13-2006; operative 9-13-2006 pursuant to Government Code
					 section
					 11351(a)
					 (Register 2006, No. 37).
2. Amendment of NOTE 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).
3. Renumbering of former section
					 13.12 to section
					 13.13 and renumbering of former
					 section 13.11 to section
					 13.12 filed 3-15-2021; operative
					 5-1-2021 pursuant to Government Code section
					 11343.4(b)(3).
					 Submitted to OAL for limited review pursuant to Government Code section
					 11351 and
					 Public Utilities Code section
					 311(h)
					 (Register 2021, No. 12).
Note: Authority cited: Section
						1701,
						Public Utilities Code. Reference: Section
						1701,
						Public Utilities Code.
California Code of Regulations › Title 20 - Public Utilities and Energy › Division 1 - Public Utilities Commission › Chapter 1 - Rules of Practice and Procedure › Article 13 - Hearings, Evidence, Briefs and Submission › Section 13.13 - (Rule 13.13) Oral Argument in Adjudicatory Proceeding

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In any adjudicatory proceeding, if an application for
					 rehearing is granted, the parties shall have an opportunity for final oral
					 argument before the presiding officer, if a party so requests within the time
					 and in the manner specified.
1.
					 Renumbering of former section
					 76 to new section
					 13.13, including amendment of
					 section heading, section and NOTE filed 9-13-2006; operative 9-13-2006 pursuant
					 to Government Code section
					 11351(a)
					 (Register 2006, No. 37).
2. Amendment of subsection (b) and NOTE
					 filed 1-8-2014; operative 4-1-2014. Submitted to OAL for limited review
					 pursuant to Government Code section
					 11351 and
					 Public Utilities Code section
					 311(h)
					 (Register 2014, No. 2).
3. Amendment of subsection (b) and NOTE
					 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).
4. Renumbering of former section
					 13.13 to section
					 13.14 and renumbering of former
					 section 13.12 to section
					 13.13, including amendment of
					 subsection (b) filed 3-15-2021; operative 5-1-2021 pursuant to Government Code
					 section
					 11343.4(b)(3).
					 Submitted to OAL for limited review pursuant to Government Code section
					 11351 and
					 Public Utilities Code section
					 311(h)
					 (Register 2021, No. 12).
Note: Authority cited: Section
						1701,
						Public Utilities Code. Reference: Sections
						1701
						and
						1701.2,
						Public Utilities Code.