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Section 1768 Of Article 3. Judicial Review From California Public Utilities Code >> Division 1. >> Part 1. >> Chapter 9. >> Article 3.
1768
. The following procedures shall apply to judicial review of an
order or decision of the commission interpreting, implementing, or
applying 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 revenue requirements of the Department of Water
Resources 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, the expedited review of an
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:
(a) Within 30 days after the commission issues its order or decision denying the application for a rehearing, or, if the application is granted, then within 30 days after the commission issues its decision on rehearing, any aggrieved party may petition for a writ of review in the California Supreme Court for the purpose of determining the lawfulness of the original order or decision or of the order or decision on rehearing. 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. No order of the commission interpreting, implementing, or applying the provisions of Chapter 4 of the Statutes of the 2001-02 First Extraordinary Session shall be subject to review in the courts of appeal.
(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) All actions and proceedings under this section and all actions or proceedings to which the commission or the people of the State of California are parties in which any question arises under this section, or under or concerning any order or decision of the commission under this section, shall be preferred over, and shall be heard and determined in preference to, all other civil business except election causes, irrespective of position on the calendar.
(e) The provisions of this article apply to actions under this section to the extent that those provisions are not in conflict with this section.
(a) Within 30 days after the commission issues its order or decision denying the application for a rehearing, or, if the application is granted, then within 30 days after the commission issues its decision on rehearing, any aggrieved party may petition for a writ of review in the California Supreme Court for the purpose of determining the lawfulness of the original order or decision or of the order or decision on rehearing. 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. No order of the commission interpreting, implementing, or applying the provisions of Chapter 4 of the Statutes of the 2001-02 First Extraordinary Session shall be subject to review in the courts of appeal.
(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) All actions and proceedings under this section and all actions or proceedings to which the commission or the people of the State of California are parties in which any question arises under this section, or under or concerning any order or decision of the commission under this section, shall be preferred over, and shall be heard and determined in preference to, all other civil business except election causes, irrespective of position on the calendar.
(e) The provisions of this article apply to actions under this section to the extent that those provisions are not in conflict with this section.
