Statutes, codes, and regulations
California Code Of Regulations
Title 20 - Public Utilities and EnergyDivision 1 - Public Utilities CommissionChapter 1 - Rules of Practice and Procedure
Article 8 - Communications with Decisionmakers and Advisors
Section 8.1 - (Rule 8.1) Definitions

Cal. Code Regs. tit. 20 § 8.1

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Current through Register 2024 Notice Reg. No. 44, November 1, 2024
Section 8.1 - (Rule 8.1) Definitions

For purposes of this Article, the following definitions apply:

(a) "Decisionmaker" means any Commissioner, the Chief Administrative Law Judge, any Assistant Chief Administrative Law Judge, the policy or legal advisory staff assigned to a Commissioner's office, the assigned Administrative Law Judge, or the Law and Motion Administrative Law Judge.
(b) "Ex parte communication" means a written communication (including a communication by letter or electronic medium) or oral communication (including a communication by telephone or in person) that:
(1) concerns any issue in a formal proceeding, other than procedural matters,
(2) takes place between an interested person and a decisionmaker, whether from the interested person to the decisionmaker or from the decisionmaker to the interested person or a combination thereof, and
(3) does not occur in a public hearing, workshop, or other public forum, that has been noticed to the official service list or on the record of the proceeding.

"Ex parte communications" include communications that are one-way from a decisionmaker to an interested person, except as provided in Rule 8.3(b).

(c) "Interested person" means any of the following:
(1) any party to the proceeding or the agents or employees of any party, including persons receiving consideration to represent any of them;
(2) any person with a financial interest in a matter at issue before the Commission, or such person's agents or employees, including persons receiving consideration to represent such a person;
(3) a representative acting on behalf of any formally organized civic, environmental, neighborhood, business, labor, trade, or similar organization who intends to influence the decision of a Commission member on a matter before the Commission, even if that association is not a party to the proceeding; or
(4) a person involved in issuing credit ratings or advising entities or persons who invest in shares or operations of any party to a proceeding.
(d) "Party" includes any Commission staff assigned to a proceeding in an advocacy capacity.
(e) "Procedural matter" means:
(1) an inquiry regarding the proceeding schedule, location or format of a hearing or other event in the proceeding, general Commission practice, or the requirements of the Rules of Practice and Procedure, provided that the person making the inquiry reasonably believes that the subject of the inquiry is not in controversy;
(2) a discussion of issues related to submission, filing or service of a document;
(3) a request for a specific procedural action, so long as the parties are included in the communication; or
(4) an inquiry pertaining to the forms and requirements for filing an intervenor compensation notice of intent or request for compensation.

Cal. Code Regs. Tit. 20, § 8.1

1. New Article 2.5 (Sections 8.1-8.8) filed 12-31-80, designated effective 8-1-80 by Resolution No. ALJ-136, see Section 11445, Government Code (Register 81, No. 1).
2. Repealer of article 2.5 heading and section filed 6-9-95; operative 6-9-95 (Register 95, No. 23).
3. Editorial correction implementing 6-9-95 order and adding HISTORY 2 (Register 98, No. 43).
4. 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).
5. New article 8 and repealer and new section filed 9-13-2006; operative 9-13-2006 pursuant to Government Code section 11351(a) (Register 2006, No. 37).
6. Amendment of subsection (d)(1) and new 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).
7. Amendment of subsection (c)(3) and NOTE 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).
8. Amendment of section 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).
9. Amendment of subsection (d) 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 1701.1, Public Utilities Code.

1. New Article 2.5 (Sections 8.1-8.8) filed 12-31-80, designated effective 8-1-80 by Resolution No. ALJ-136, see Section 11445, Government Code (Register 81, No. 1).
2. Repealer of article 2.5 heading and section filed 6-9-95; operative 6-9-95 (Register 95, No. 23).
3. Editorial correction implementing 6-9-95 order and adding History 2 (Register 98, No. 43).
4. 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).
5. New article 8 and repealer and new section filed 9-13-2006; operative 9-13-2006 pursuant to Government Code section 11351(a) (Register 2006, No. 37).
6. Amendment of subsection (d)(1) and new 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).
7. Amendment of subsection (c)(3) and Note 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).
8. Amendment of section 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).
9. Amendment of subsection (d) 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).