Section 1731 Of Article 2. Rehearings From California Public Utilities Code >> Division 1. >> Part 1. >> Chapter 9. >> Article 2.
1731
. (a) The commission shall set an effective date when issuing
an order or decision. The commission may set the effective date of an
order or decision before the date of issuance of the order or
decision.
(b) (1) After an order or decision has been made by the
commission, a party to the action or proceeding, or a stockholder,
bondholder, or other party pecuniarily interested in the public
utility affected may apply for a rehearing in respect to matters
determined in the action or proceeding and specified in the
application for rehearing. The commission may grant and hold a
rehearing on those matters, if in its judgment sufficient reason is
made to appear. A cause of action arising out of any order or
decision of the commission shall not accrue in any court to any
corporation or person unless the corporation or person has filed an
application to the commission for a rehearing within 30 days after
the date of issuance or within 10 days after the date of issuance in
the case of an order issued pursuant to either Article 5 (commencing
with Section 816) or Article 6 (commencing with Section 851) of
Chapter 4 relating to security transactions and the transfer or
encumbrance of utility property.
(2) The commission shall notify the parties of the issuance of an
order or decision by either mail or electronic transmission.
Notification of the parties may be accomplished by one of the
following methods:
(A) Mailing the order or decision to the parties to the action or
proceeding.
(B) If a party to an action or proceeding consents in advance to
receive notice of any order or decision related to the action or
proceeding by electronic mail address, notification of the party may
be accomplished by transmitting an electronic copy of the official
version of the order or decision to the party if the party has
provided an electronic mail address to the commission.
(C) If a party to an action or proceeding consents in advance to
receive notice of any order or decision related to the action or
proceeding by electronic mail address, notification of the party may
be accomplished by transmitting a link to an Internet Web site where
the official version of the order or decision is readily available to
the party if the party has provided an electronic mail address to
the commission.
(3) For the purposes of this article, "date of issuance" means the
mailing or electronic transmission date that is stamped on the
official version of the order or decision.
(c) A cause of action arising out of an order or decision of the
commission construing, applying, or implementing the provisions of
Chapter 4 of the Statutes of the 2001-02 First Extraordinary Session
that (1) relates to the determination or implementation of the
department's revenue requirements, or the establishment or
implementation of bond or power charges necessary to recover those
revenue requirements, or (2) in the sole determination of the
Department of Water Resources, the expedited review of order or
decision of the commission is necessary or desirable, for the
maintenance of any credit ratings on any bonds or notes of the
department issued pursuant to Division 27 (commencing with Section
80000) of the Water Code or for the department to meet its
obligations with respect to any bonds or notes pursuant to that
division, shall not accrue in any court to any corporation or person
unless the corporation or person has filed an application with the
commission for a rehearing within 10 days after the date of issuance
of the order or decision. The Department of Water Resources shall
notify the commission of any determination pursuant to paragraph (2)
of this subdivision before the issuance by the commission of any
order or decision construing, applying, or implementing the
provisions of Chapter 4 of the Statutes of the 2001-02 First
Extraordinary Session. The commission shall issue its decision and
order on rehearing within 210 days after the filing of the
application.
(d) A cause of action arising out of an order or decision of the
commission construing, applying, or implementing the provisions of
Article 5.7 (commencing with Section 849) of Chapter 4 shall not
accrue in any court to any entity or person unless the entity or
person has filed an application to the commission for a rehearing
within 10 days after the date of issuance of the order or decision.
The commission shall issue its decision and order on rehearing within
210 days after the filing of that application.