Section 829 Of Article 5. Stocks And Security Transactions From California Public Utilities Code >> Division 1. >> Part 1. >> Chapter 4. >> Article 5.
829
. (a) This article shall not apply to any person or corporation
which transacts no business subject to regulation under this part,
except performing services or delivering commodities for or to public
utilities or municipal or other public corporations primarily for
resale or use in serving the public or any portion thereof. This
article shall apply to any public utility if the commission finds, in
a proceeding to which the public utility is or may become a party,
that the application of this article is required by the public
interest.
(b) (1) Except for Section 828, a telephone corporation that is
not regulated under a rate-of-return regulatory structure is exempt
from this article. This subdivision does not exempt a telephone
corporation that is also an electrical corporation or a gas
corporation, unless the commission determines the telephone
corporation is exempt pursuant to subdivision (c). As used in this
subdivision, a "rate-of-return regulatory structure" means a system
under which the rates and charges of the telephone corporation are
limited by a maximum permissible price that may be charged for a
specific service. Telephone corporations regulated by a framework
under which they may exercise pricing flexibility for all or most of
the services offered are not regulated under a rate-of-return
regulatory structure.
(2) Notwithstanding paragraph (1), the commission may impose any
requirement of this article on a telephone corporation if the
commission finds, in a proceeding in which the telephone corporation
is or may become a party, that the application of any provision of
this article is required by the public interest.
(c) The commission may from time to time by order or rule, and
subject to such terms and conditions as may be prescribed therein,
exempt any public utility or class of public utility from this
article if it finds that the application thereof to such public
utility or class of public utility is not necessary in the public
interest.