Chapter 11.5. Hearings of California Public Utilities Code >> Division 6. >> Chapter 11.5.
Before any rates and charges for commodities or service
furnished by a district are fixed or changed the general manager
shall file with the board a report and recommendation thereon in
writing. Within 40 days thereafter the board shall hold a public
hearing on the report and recommendation. Prior to the hearing,
notice of the time and place of hearing shall be published within the
district pursuant to Section 6066 of the Government Code.
A district or any interested person may bring an action
pursuant to Chapter 9 (commencing with Section 860) of Title 10 of
Part 2 of the Code of Civil Procedure to determine the validity of
district rates or charges.
Notwithstanding any other provision of law, any judicial action or
proceeding to attack, review, set aside, void, or annul an
ordinance, resolution, or motion fixing or changing rates or charges
for the commodities or service furnished by a district shall be
commenced within 120 days of the effective date of the ordinance,
resolution, or motion.
Before the board adopts any change in rates and charges for
commodities or services furnished by an electricity district intended
to increase or decrease revenues, the general manager shall file
with the board a report and recommendation on the proposed changes in
writing. Within 90 days, but not less than 30 days after the report
is filed, except when unanticipated events cause a sudden and
significant change in the electricity district's financial condition
requiring an immediate response, the board shall hold a hearing on
the report and recommendation. Notice of the time and place of the
hearing shall be published within the district pursuant to Section
6063 of the Government Code, except that, in the case of an
unanticipated event requiring an immediate response, notice may be
given pursuant to Section 6063a of the Government Code.
The report and recommendation of the general manager of an
electricity district filed pursuant to Section 14403 shall include
all of the following:
(a) The most recent annual report submitted pursuant to Section
(b) A statement of sales volumes by customer types for the
preceding two years and estimates of sales volumes for the two years
(c) A statement of sources and disposition of funds for the
preceding two years and estimates of sources and dispositions of
funds for the two years following, whether or not the rate change
(d) A statement of capital expenditures anticipated during the
next two years following.
(e) In sufficient detail to permit an assessment of the need for
any proposed changes, a statement of each category of expense for the
preceding two years, and estimates of each category of expense for
the two years following.
(f) Other information as the general manager believes will explain
or justify the proposed rate change.
(g) The basis for the allocation of the overall revenues among
the various types of customers of the electricity district.
At the hearing held pursuant to Section 14403, the board
shall do both of the following:
(a) Permit any member of the public who has given 10 days advance
written notice to present nonduplicative testimony on the proposed
rate change or on any alternatives.
(b) Consider any report and recommendations submitted in writing
by any member of the public on alternatives to the rate changes
proposed by the general manager.