Section 14.6 - (Rule 14.6) Reduction or Waiver of Review(a) In an unforeseen emergency situation, the Commission may reduce or waive the period for public review and comment on proposed decisions, draft resolutions, and their alternates. "Unforeseen emergency situation" means a matter that requires action or a decision by the Commission more quickly than would be permitted if advance publication were made on the regular meeting agenda. Examples include, but are not limited to: (1) Activities that severely impair or threaten to severely impair public health or safety.(2) Crippling disasters that severely impair public health or safety.(3) Administrative disciplinary matters, including, but not limited to, consideration of proposed decisions and stipulations, and pending litigation, that require immediate attention.(4) Consideration of applications for licenses or certificates for which a decision must be made in less than ten days.(5) Consideration of proposed legislation that requires immediate attention due to legislative action that may be taken before the next regularly scheduled Commission meeting, or due to time limitations imposed by law.(6) Requests for relief based on extraordinary conditions in which time is of the essence.(7) Deadlines for Commission action imposed by legislative bodies, courts, other administrative bodies or tribunals, the office of the Governor, or a legislator.(8) Unusual matters that cannot be disposed of by normal procedures if the duties of the Commission are to be fulfilled. A rate increase is not an unforeseen emergency situation.
(b) The Commission may reduce or waive the period for public review and comment on proposed decisions and their alternates, where all the parties so stipulate, and on draft resolutions and their alternates, where all persons identified in subsection (1), (2), (3) or (4) of Rule 14.2(d) so stipulate.(c) In the following circumstances, the Commission may reduce or waive the period for public review and comment on draft resolutions and proposed decisions, and may reduce but not waive the period for public review and comment on alternate draft resolutions and alternate proposed decisions:(1) in a matter where temporary injunctive relief is under consideration.(2) in an uncontested matter where the decision grants the relief requested.(3) for a decision on a request for review of the presiding officer's decision in an adjudicatory proceeding.(4) for a decision extending the deadline for resolving adjudicatory proceedings (Public Utilities Code Section 1701.2(i)) or for resolving the issues raised in the scoping memo in a ratesetting or quasi-legislative proceeding (Public Utilities Code Section 1701.5).(5) for a decision under the state arbitration provisions of the federal Telecommunications Act of 1996.(6) for a decision on a request for compensation pursuant to Public Utilities Code Section 1801 et seq.(7) for a decision authorizing disclosure of documents in the Commission's possession when such disclosure is pursuant to subpoena.(8) for a decision under a federal or California statute (such as the California Environmental Quality Act or the Administrative Procedure Act) that both makes comprehensive provision for public review and comment in the decision-making process and sets a deadline from initiation of the proceeding within which the Commission must resolve the proceeding.(9) for a decision on a motion for disqualification of a Commissioner.(10) for a decision in a proceeding in which no hearings were conducted where the Commission determines, on the motion of a party or on its own motion, that public necessity requires reduction or waiver of the 30-day period for public review and comment. For purposes of this subsection, "public necessity" refers to circumstances in which the public interest in the Commission adopting a decision before expiration of the 30-day review and comment period clearly outweighs the public interest in having the full 30-day period for review and comment. "Public necessity" includes, without limitation, circumstances where failure to adopt a decision before expiration of the 30-day review and comment period would place the Commission or a Commission regulatee in violation of applicable law, or where such failure would cause significant harm to public health or welfare. When acting pursuant to this subsection, the Commission will provide such reduced period for public review and comment as is consistent with the public necessity requiring reduction or waiver.(11) in a catastrophic wildfire proceeding to a period of no less than 15 days at the discretion of the assigned Commissioner.Cal. Code Regs. Tit. 20, § 14.6
1. 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).
2. 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 of subsections (c)-(c)(7) and (c)(9), repealer of subsection (c)(10) and amendment of NOTE 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).
4. Amendment of subsections (a), (b) and (c)(9) filed 5-9-2011; operative 6-8-2011. Submitted to OAL for limited review pursuant to Government Code section 11351 and Public Utilities Code section 311(h) (Register 2011, No. 19).
5. Amendment of subsections (a) and (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).
6. Amendment of subsection (c)(4), new subsection (c)(9), subsection renumbering and 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).
7. New subsection (c)(11) 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: Sections 1701 and 1701.8, Public Utilities Code; and Section 2, Article XII, California Constitution. Reference: Sections 306, 311, 1701 and 1701.8, Public Utilities Code; and Section 11125.5, Government Code.
1. 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).
2. 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 of subsections (c)-(c)(7) and (c)(9), repealer of subsection (c)(10) and amendment of Note 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).
4. Amendment of subsections (a), (b) and (c)(9) filed 5-9-2011; operative 6-8-2011. Submitted to OAL for limited review pursuant to Government Code section 11351 and Public Utilities Code section 311(h) (Register 2011, No. 19).
5. Amendment of subsections (a) and (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).
6. Amendment of subsection (c)(4), new subsection (c)(9), subsection renumbering and 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).
7. New subsection (c)(11) 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).