USA – CALIFORNIA LAW AND PRACTICE Contributed by: Nora Sheriff, Gwenneth O’Hara, Robert Dato, Efrat Cogan, Samir Hafez and Antonio Carrejo, Buchalter
10. Grounds 10.1 Scope of Judicial Review: Merits v Process The task of the court in reviewing a CPUC deci - sion is defined by statute, and the scope of appellate review is limited. Judicial review shall not extend further than to determine, on the basis of the entire proceeding record, whether the Commission: • “acted without, or in excess of, its powers or jurisdiction” ; • failed to proceed “in the manner required by law” ; • rendered a decision unsupported by the find - ings; • made findings unsupported by substantial evidence; • rendered a decision that “was procured by fraud or was an abuse of discretion” ; or • issued an order or decision that violates the petitioner’s state or federal constitutional rights. The reviewing court does not conduct a trial de novo, nor does it weigh evidence or exercise independent judgment on the evidence. The Commission’s findings of fact are not open to attack for insufficiency if they are supported by any reasonable construction of the evidence. 10.2 Constitutional Challenge Both the United States Constitution and the California State Constitution provide grounds to bring a challenge to a CPUC decision. Such challenge can be brought on the basis that the decision is inconsistent with either or both writ - ten constitutions, even though the CPUC was created through a provision of the California Constitution. CPUC decisions are subject to any
rant the requested modifications to the underly - ing decision. Application for Rehearing A claim issued to the CPUC as an application for rehearing must also be filed in good time (with - in 30 days). After an Application for Rehearing is filed, the Commission will review the claims asserted, and determine whether the applicant has demonstrated legal or factual error. 9.7 Expedited Proceedings There are several areas in which the CPUC will expedite its consideration, one of which, cata - strophic wildfire claims, is set by statute. Catastrophic Wildfire Claims The CPUC must issue a decision approving or denying an application for recovery of costs and expenses related to catastrophic wildfires within 120 days of the application. The applica - tion must show that the request relates to costs and expenses that the Commission has already deemed reasonable, pursuant to Public Utilities Code Sections 451.1 and 451.2. Other Requests for Expedited Schedule in an Application Proceeding For all other applications, an expedited schedule may be requested by the applicant in its initial filing. The application title page must include “Request for Expedited Schedule” below the title, and provide an attachment, not to exceed three pages, titled “Request for Expedited Schedule” describing why expedited treatment is requested. The assigned Commissioner may grant the request for expedited treatment if the attachment demonstrates the necessary facts. The test for expedition is that the matter involves either a threat to public safety, or the need for quick resolution of a financial matter to avoid ratepayer harm.
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