USA – CALIFORNIA LAW AND PRACTICE Contributed by: Nora Sheriff, Gwenneth O’Hara, Robert Dato, Efrat Cogan, Samir Hafez and Antonio Carrejo, Buchalter
• Public Utilities Code Section 816 (security transactions); • Public Utilities Code Section 851 (transfer or encumbrance of utility property); • Public Utilities Code Section 849 (water rate relief bonds); and • Public Utilities Code Section 850 (catastroph - ic wildfire and ratepayer protection financing). A party that does not file a timely Application for Rehearing waives its right to seek judicial review. Writ Petition • If the CPUC denies an Application for Rehear - ing, a writ petition to the Courts of Appeal must be filed within 30 days of the denial. • If the CPUC grants an Application for Rehear - ing and issues a decision on rehearing, a writ petition must be filed within 30 days of that decision on rehearing. • If the CPUC does not act on the application within 60 days, it is deemed denied, and the party may seek judicial review. 9.4 Evidence Required to Initiate a Claim Petition for Modification A claimant filing a Petition for Modification is required to explain why the proposed change to the decision is justified, and must include the specific language to change in the decision. The claimant must also support its allegations of fact with citations to record evidence or information that may be judicially noticed. If new or changed facts are alleged, the claimant must attach an affidavit or declaration supporting the new or changed facts. Application for Rehearing A claimant filing an Application for Rehearing must explain the error in fact or the error in law, and if an issue is not included in the application
for rehearing, the party loses the right to appeal that issue. Public Utilities Code Section 1757(a) defines the grounds for challenging decisions in complaint or enforcement proceedings, as well as ratemak - ing or licensing decisions related to a specific application. For rate=making or licensing deci - sions concerning water corporations, the appli - cable grounds are set by Public Utilities Code Section 1757.1(a). An application for rehearing may also include a request for oral argument, which must state how oral argument will help the CPUC in address - ing the application, and show that significant issues are raised by the application. Any party responding to an Application for Rehearing may also request oral argument, or respond to the applicant’s request for oral argument. Evidence is introduced during the evidentiary hearing stage of a formal CPUC proceeding. This stage entails the production of evidence through prepared written testimony with supporting exhibits, or a stipulated agreement between par - ties. The technical rules of evidence — whether statutory, common law, or adopted by courts — do not control CPUC hearings; however, parties must still be afforded the ability to meaningfully engage in the proceeding. 9.5 Procedural Stages Formal CPUC Proceedings After evidentiary hearings are concluded and evidence has been entered into the record, parties must submit opening and reply briefs; statements of fact require citations to record evidence. With the filing of reply briefs, the pro - ceeding is considered submitted, after which time no additional evidence or argument may be introduced.
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