Under our current rules, the utilities would have 10 days after SED requires them to do so, to notify city and county officials of a mandatorily reported selfidentified potential violation involving a significant safety threat. The Petition seeks to change this by requiring that the utilities notify city and county officials of such a potential violation at the same time that they notify the Commission (the Petition, as modified by Petitioner’s response to comments, requests a 10-day notification period). We decline to change the Phase II Decision in this respect. As the Commission reasoned in the Phase II Decision at 60, the current Rule [where the utilities would have 10 days after SED requires them to do so, to notify city and county officials of a reported self-identified potential violation] “addresses concerns that reporting every self-identified potential violation may cause confusion with local authorities, but still retains the ability for the authorities to obtain prompt notification if Staff believes it necessary. Moreover, nothing in this rule prohibits a utility from providing broader notification than the rule requires, pursuant to any request it might obtain from a local jurisdiction or otherwise.” We also note that the Citation Rule I.F requires the utilities to notify local authorities of a citation as soon as reasonable and necessary, and no later than ten days after service of the citation from this Commission. We make no changes to this Citation Rule. Finally, the Petition asks that the Commission reconsider its interpretation of CUE’s comments regarding the FAA’s confidential reporting system, while recognizing the current record is inadequate to adopt the proposal. OSA agrees that the Commission should reconsider this proposal, but at this time takes no position on the specific modifications requested by the Petition. We make no
submit the Monthly Report. Thus, on balance, we believe this timeframe is reasonable. Also, organizing these mandatorily reportable self-identified potential violations in a single Monthly Report would be most useful for the Commission to review, especially if a high volume of reports are made. 9. This Monthly Report is the default reporting mechanism. If the utilities believe there is an event that may warrant more immediate staff attention, they can and are encouraged to make a report immediately, outside the monthly reporting process. The utilities shall also include this event in the next Monthly Report. 10. We do not change the Rule requiring utilities to voluntarily report selfidentified potential violations under Citation Rules I.G.3.b.ii and iii, and I.G.3.c.ii and iii within 30 days of self-identification. However, the utilities may, at their discretion, also include any voluntary reports in the same Monthly Report. Conclusions of Law Because of the new circumstances in that OSA was unable to participate in this proceeding before the Phase II Decision issued because it was not yet formed, and the general lack of an opposing viewpoint (other than the utilities’ viewpoint) on the issues presented in this Petition for Modification, we consider the merits of the Petition and grant it, as set forth in the Ordering Paragraphs below. Requiring a utility mandatorily to report electric and gas self-identified potential violations which pose “a significant safety threat to the public and/or utility staff, contractors, or subcontractors” as set forth in the Citation Rules I.G.3.b.i and I.G.3.c.i, is consistent with Section 1702.5(a)(1), which states that when considering the issue of citations and assessment of penalties, the
record open for a reasonable period to permit a party to submit additional evidence or argument. Draft Resolution Pursuant to Resolution ALJ-299, Rules 17 and 18 of the Citation Appellate Rules, the ALJ will issue a draft resolution resolving the appeal expeditiously, and no later than 60 days after the appeal is submitted. The draft resolution will be placed on the first available agenda, consistent with the Commission’s applicable rules. Persons may file comments on the draft resolution pursuant to Rule 14.5 of the Commission’s Rules of Practice and Procedure. Rehearing A resolution approved by the Commission is subject to rehearing pursuant to Public Utilities Code Section 1731 and to judicial review pursuant to Public Utilities Code Section 1756. Prohibition on Ex Parte Communications Pursuant to Resolution ALJ-299, Rule 19 of the Citation Appellate Rules, ex parte communications as defined by Rule 8.1(c) of the Commission’s Rules of Practice and Procedure, with a decision maker, including any Commissioner, Commissioner advisor, the Chief ALJ, any Assistant Chief ALJ, the assigned ALJ, or the Law and Motion ALJ, are prohibited from the date the citation issued, through the date a final order is issued on the citation appeal. A final order means the date when the period to apply for rehearing of the Commission resolution on the appeal has expired and no application for rehearing has been filed, or if an application for rehearing is filed, the date when the period to seek judicial review of the decision finally resolving the application for rehearing has passed without any party seeking judicial review; or if judicial review is sought, the date any court cases are finally resolved.