Updates to Rules of Practice and Procedure

Reforms to the California Public Utilities Commission’s (CPUC’s) Rules of Practice and Procedure (Rules) aim to achieve greater transparency, accessibility, and efficiency in CPUC proceedings. The Final Resolution ALJ-381 and its amendments to modify the Commission’s Rules of Practice and Procedure (Title 20, Division 1, of the California Code of Regulations) were approved and signed by the Commission at its September 24, 2020 Commission Meeting.

Many of the Rules of Practice and Procedure (California Code of Regulations, Title 20, Division 1, Chapter 1) have been amended, effective May 1, 2021. See Resolutions ALJ-381 and ALJ-398. Some highlights are listed below.

  • Certificate of Service: It is no longer necessary to attach a certificate of service to the email when serving a document by email.  (Rule 1.10(c))
  • Public Comment:  New Rule 1.18 implements Pub. Util. Code §1701.1(g) regarding the submission of and response to written public comments in Commission proceedings.
  • Expedited Schedule: Applicants may request an expedited schedule pursuant to which a proposed decision shall be issued within approximately 12 months if circumstances present a threat to public safety or the need to resolve a financial matter expeditiously to avoid ratepayer harm.  (Rule 2.9)
  • Settlements: Motions for approval of settlements must disclose any separate agreements between the settling parties that relate to issues in the proposed settlement but are not disclosed in the settlement.  (Rule 12.1)
  • Duty to Meet and Confer: Unless ordered otherwise, parties must meet and confer within 10 days of the service of rebuttal testimony to consider the possibility of narrowing or settling the issues in a proceeding. (Rule 13.9)
  • Comment on Draft Resolution: The time for comment on a draft resolution is 20 days from mailing and its publication on the Commission website (no longer from its notice in the Daily Calendar).  (Rule 14.5)

Background

The draft Resolution ALJ-381 and its proposed amendments to the Rules were published in the California Regulatory Notice Register 2020, No. 22-Z on May 29, 2020. Comments were due July 13, 2020.