Book Description

The Constitution of the State of California grants to the Legislature control over persons and private corporations that own or operate a line, plant, or system for the production, generation, or transmission of heat, light, water, or power to be furnished either directly or indirectly to or for the public. The Constitution establishes the Public Utilities Commission and grants certain specific powers to the PUC, including the power to fix rates, establish rules and prescribe a uniform system of accounts. The Constitution also recognizes that the Legislature has plenary power to confer additional authority and jurisdiction upon the PUC. The Constitution prohibits regulation by a city, county, or other municipal body of matters over which the Legislature has granted regulatory power to the PUC. This provision does not, however, impair the right of any city to grant franchises for public utilities. The California legislature has enacted the California Public Utilities Code and has designated the PUC as the agency to implement the regulatory provisions of the Code. The Public Utilities Commission consists of five members appointed by the governor and approved by the senate, a majority of the membership concurring, for staggered 6-year terms. Certain limited powers over the conduct of public utilities may still be exercised by municipalities. Public utility regulatory statutes, energy facility siting programs, and municipal franchising authority are examined to identify how they may impact on the ability of an organization, whether or not it be a regulated utility, to construct and operate an ICES.