Section 455.1 Of Article 1. Rates From California Public Utilities Code >> Division 1. >> Part 1. >> Chapter 3. >> Article 1.
455.1
. Whenever a water corporation files with the commission,
pursuant to an advice letter submitted in accordance with commission
procedures for this means of submission, a schedule stating rates,
classifications, contracts, practices, or rules for the service of
recycled water, the policies and standards for which are provided for
in Article 7 (commencing with Section 13550) of Chapter 7 of
Division 7 of the Water Code, the commission shall observe the
following procedures:
(a) Unless the commission determines, pursuant to subdivision (b),
that the schedule filed by a water corporation for the service of
recycled water is not justified or, pursuant to subdivision (d), any
other party protests in writing the filing of the schedule, the
schedule shall become effective upon the expiration of 40 days from
the time of filing thereof.
(b) Notwithstanding the filing of notice of changes or amendments
as provided in subdivision (c) or a protest as provided in
subdivision (d), the schedule as filed shall become effective on an
interim basis upon the expiration of 30 days from the time of filing
thereof, subject to refund of any amount of the rate subsequently
found by the commission to be in excess of a just and reasonable
rate.
(c) If, upon its own initiative, the commission, acting through
the staff organization with responsibility for reviewing advice
letter filings, determines that the schedule filed by a water
corporation for the service of recycled water is not justified, it
shall notify the water corporation of the determination in writing
within 40 days from the time of filing of the schedule and shall
state in the notice all changes or amendments to the schedule that
are required to make it just and reasonable. Upon the refiling by the
water corporation within 10 days of the receipt of the notice of a
revised schedule incorporating all changes and amendments specified
by the commission, the revised schedule shall become effective on an
interim basis subject to refund upon the expiration of five days from
the time of the refiling thereof, and shall become final upon formal
commission action approving the schedule, as revised.
(d) If any other party, including the commission organization or
division created pursuant to Section 309.5, protests in writing the
schedule filed by a water corporation for the service of recycled
water, the commission shall set the matter for a hearing on the
protest to be held within a reasonable time from the time that the
party files its written protest with the commission.
(e) Subdivision (d) of Section 311 shall govern the timing of
actions by the commission after the close of the record in any
proceeding pursuant to subdivision (d) of this section.