Section 1756 Of Article 3. Judicial Review From California Public Utilities Code >> Division 1. >> Part 1. >> Chapter 9. >> Article 3.
1756
. (a) Within 30 days after the commission issues its decision
denying the application for a rehearing, or, if the application was
granted, then within 30 days after the commission issues its decision
on rehearing, or at least 120 days after the application is granted
if no decision on rehearing has been issued, any aggrieved party may
petition for a writ of review in the court of appeal or the Supreme
Court for the purpose of having the lawfulness of the original order
or decision or of the order or decision on rehearing inquired into
and determined. If the writ issues, it shall be made returnable at a
time and place specified by court order and shall direct the
commission to certify its record in the case to the court within the
time specified.
(b) The petition for review shall be served upon the executive
director and the general counsel of the commission either personally
or by service at the office of the commission.
(c) For purposes of this section, the issuance of a decision or
the granting of an application shall be construed to have occurred on
the date of issuance, as defined in paragraph (4) of subdivision (b)
of Section 1731.
(d) The venue of a petition filed in the court of appeal pursuant
to this section shall be in the judicial district in which the
petitioner resides. If the petitioner is a business, venue shall be
in the judicial district in which the petitioner has its principal
place of business in California.
(e) Any party may seek from the Supreme Court, pursuant to
California Rules of Court, an order transferring related actions to a
single appellate district.
(f) For purposes of this section, review of decisions pertaining
solely to water corporations shall only be by petition for writ of
review in the Supreme Court, except that review of complaint or
enforcement proceedings may be in the court of appeal or the Supreme
Court.
(g) No order or decision arising out of a commission proceeding
under Section 854 shall be reviewable in the court of appeal pursuant
to subdivision (a) if the application for commission authority to
complete the merger or acquisition was filed on or before December
31, 1998, by two telecommunications-related corporations including at
least one which provides local telecommunications service to over
one million California customers. These orders or decisions shall be
reviewed pursuant to the Public Utilities Code in existence on
December 31, 1998.