WEBVTT
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Today's
Wednesday, July 1 2020.
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I'll turn the call over
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to your host President Marybel Batjer.
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Thank you, operator
and good morning everyone
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and thank you for joining us today.
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I am calling the CPUC
Commissioners' Committee,
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meeting of July 1 2020 to order.
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There are three committees,
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the Finance and
Administration Committee,
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the Policy and Governance Committee
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and the Emerging Trends committee.
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Today the Policy and
Governance Committee will meet
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to discuss the draft enforcement policy.
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If you wish to make a public
comment, or ask a question,
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please dial 800-857-1917
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and enter code and press star one.
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You will be placed into a queue
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and will be called upon to speak.
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When get to the public comment period
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Which will be after the presentation.
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We will also, excuse me, read
questions sent via the email
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to the policy and government
Governance Committee.
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Additionally, there will also
be an opportunity for public
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to provide general comments
at the end of the meeting.
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Okay, I will now turn to
Commissioner Rechtschaffen
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so he can begin the committee meeting.
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Thank you very
much, President Batjer.
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Can everyone hear me, okay?
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Little loud please.
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Okay, I will try
to talk forcefully.
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Good morning, today
we're going to be discussing
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our draft enforcement policy.
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Can you turn to the next slide, please?
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You can see here where the
outline of our agenda for today.
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We're going to talk about the policy,
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how to participate, the key elements
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and the next steps going forward
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in terms of getting public comment
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and proceeding to adopt the policy.
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Next slide please.
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Oh, can you go back one slide.
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This is the information
about how to participate.
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Like the operator may have told folks
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already about doing this
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but there's two
options for participating.
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Dialing 1-800-857-1917
entering code 7218384
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and pressing star one.
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Or you can participate via email
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as one word
policyandgovernance@cpuc.ca.gov.
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Next slide please.
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The policy we're discussing
today is an outgrowth
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of a compliance and
enforcement initiative
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that we launched at the PUC in 2018.
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We've had a few public meetings
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and some discussion over
the course of the past two years.
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We've done a lot of work internally.
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I just want to set the stage
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by re-recapping this very, very briefly.
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The PUC has many
existing enforcement efforts,
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many programs and
policies across industries.
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It was great diversity among
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the industries that we regulate.
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And we regulate a range of industries
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from gas, electric,
railroad, rail safety,
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transportation, passenger companies.
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The initiative started out of
concerns that were expressed
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by some Commissioners,
some of our stakeholders,
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some outside observers, about
the pace of our enforcement.
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Sometimes enforcement
took too long, it wasn't timely,
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it wasn't always uniform,
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and we also do not have
the kinds of formal policies
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that many other
regulatory agencies have.
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We also got criticism by the,
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Federal Pipeline Hazardous
Safety Materials Administration
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after the San Bruno accident
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about the lack of certain flexible tools
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that other agencies have.
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Some Commissioners raised concerns
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that as markets evolve and
new business models emerged,
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we weren't equipped to
keep up with enforcement
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and compliance issues that those raised,
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and we also had an overriding concern
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that what we were doing
was not especially visible
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or transparent to the public.
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We started the initiative
with an internal review
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and survey of all the divisions
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that are comprised of the PUC,
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the ones that do enforcement only
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and the ones that also
do other regulatory activity,
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but refer enforcement actions
to our enforcement units.
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We interviewed staff about how effective
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the tools that we have are,
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ideas for improvement,
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what gaps there might be in authorities
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and what gaps there
might be in resources.
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We also consulted with other,
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regulatory agencies
as part of this process.
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And the goal was to establish
and then come up with a plan
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for implementing a policy.
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First, a set of principles
and a formal policy
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that strengthened our
enforcement practices,
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provided for greater uniformity,
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addressed whatever gaps we found
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in administrative tools and resources.
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So, that's what we're
coming forward with today.
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I wanna thank the
excellent staff engagement
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and support we've had
over the past couple of years.
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Executive Director Stevens
has been very supportive.
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April McQueen, Deidre
Cyprian in Executive Division
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have been very, very helpful.
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We've benefited greatly
by having a retired annuitant
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with decades of enforcement experience,
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working for the California
Attorney General's office
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and other state agencies,
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Denise Hoffman, who
you'll hear a little bit later.
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There were enforcement
leads from each of
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the different divisions who helped us.
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Mira Metakey also played a key role.
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And I wanna thank my
Commissioner partners in this effort
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and the steering
committee, in particular,
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former president Picker
and president Badger,
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who were very instrumental
in working on this policy.
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Next slide, please.
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Our enforcement staff is very very busy,
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and this Snapchat just
gives you some small sense
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of a number of investigations,
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other activities that
our staff is involved in,
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across the industry division.
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Electricity, gas,
railroad and rail safety,
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other transportation related incidents.
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This does not cover the entire universe.
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It's just indicative of
some of the activities,
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some of the diversity
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and the importance of having
enforcement and policies
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Next slide, please.
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One of the goals of
the initiative was to
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create more public insight
into what we're doing.
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Many, if not most, of
the regulatory agencies
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routinely publicize their
enforcement activities,
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their enforcement accomplishments,
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they provide access to what's
pending, what's been resolved
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and so forth and we wanted
to move in that direction.
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Because part of the effort
to increase transparency,
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we launched an enforcement
webpage last year
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which you can see a screenshot
of the current webpage.
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And this includes a list of
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all our citation programs in one place,
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which we had never done before.
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And Jason Reeger and
others were fantastic in helping
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to compile that.
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It also lists all citations
in fines issued each year,
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major opened and closed investigations.
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This continues to be very
much a work in progress,
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we have great ambitions
for this to become
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a one stop shop for public information
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on enforcement matters,
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many other agencies
have something like this.
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The webpage right now
is current as of last fall,
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we're updating it and as I said,
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it's very much a work
in progress but it shows
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the kind of transparency
that we're aspiring to.
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Next slide, please.
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What is the enforcement policy?
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It is a vehicle for articulating
the broad principles
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that guide our enforcement activity.
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It applies to all CPUC
enforcement activities,
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all industry divisions, all
types of actions whether
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very informal, just a
phone call, to more formal
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in order to instituting investigations,
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referrals for criminal actions,
everything in between.
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Very importantly, it builds
greatly on existing practices.
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As I said, we do a lot
of enforcement here,
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we've done it for a long time,
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there's many things that are done well,
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and this policy builds on
those types of improvement
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to prove them identify and revenue gap
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but very much built on
existing practices and programs.
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The overriding goal is not
enforcement for enforcement sake,
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but to promote maximum compliance
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with our rules and regulations.
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That's the keystone.
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How do we make sure that the
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entities we regulate comply
to the greatest extent possible
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with our rules and
regulations that are designed to
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protect the public, ensure
our liability, safety, and
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consumer protection.
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So compliance is the
ultimate touchstone.
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Next slide, please.
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Last year, we discussed
publicly and adopted at a
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July 2019 policy and
governance committee meeting
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a set of principles that
we developed internally
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working with staff and
the other Commissioners.
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And these principles
are at the face of our
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enforcement policies.
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I'm not gonna go through all of them,
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but I want to highlight a few.
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I just mentioned maximum
compliance is the ultimate goal.
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And then we have a
series of other principles
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that follows very much
the court teachings of what
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good enforcement should consist of.
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One, enforcement should be consistent.
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We have different
statutory authorities and
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directives that provide
different rules for
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different types of industries.
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Industries and regulative entities,
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of course we must follow
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but consistent with what those allow,
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we wanna have tools,
approaches, policies, practices,
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that provide for consistent enforcement.
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Like industries, like
entities, are treated similarly.
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We follow predictable practices.
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Second, we wanna have firm enforcement
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that provides for meaningful deterrence.
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A key part of meaningful deterrence
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is to have an appropriate
set of penalties,
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which we have, and
which we've implemented
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for two decades or more,
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penalties that recoup economic benefits
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that a regulated
entity is not better off
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from violating the law
than complying with the law,
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and that are calculated
based on the harm they cause,
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the conduct of the regulated entity,
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and the financial resources
of the regulated entity,
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and their ability to pay a penalty.
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So these principles which
are reflected in this document,
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and in an appendix to the document,
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are very similar to current practice.
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We want enforcement that's timely.
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Decades of research shows,
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timely enforcement
is much more effective.
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And progressive enforcement.
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That means, you start
at an appropriate level
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given the nature of the violation,
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and you escalate it in severity
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based on how serious the violation is.
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We wanna have transparency.
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I mentioned that already.
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We have a principle
that we wanna make sure
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we are promoting fair
treatment of all communities,
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consistent with our
environmental justice
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and social justice action
plan, and state law.
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And this means,
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this includes tailoring
enforcement responses
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to address the needs
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of vulnerable and
disadvantaged communities,
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which may be differently situated
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than other communities,
in terms of their needs,
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and enforcement requirements.
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And finally, we wanna be adaptive.
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We wanna be able to respond
to new business models,
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new markets, emerging
consumer issues and abuses,
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which we've seen over the years.
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For example, consumer protection,
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or net energy metering of customers,
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which has been a subject
of an ongoing proceeding.
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Next slide please.
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So what's in the policy?
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We create Division and
Commission enforcement teams.
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We describe the range of tools
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that are available for
all industry divisions.
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These are uniform tools.
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There's a menu that is available,
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but these apply across the board.
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As I mentioned, we have a
penalty assessment methodology
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that's in the appendix to the document,
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and it's very much, it's
built on existing practice
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and existing statutory guidance.
00:14:52.890 --> 00:14:55.130
We also outline a settlement process.
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I won't talk very much about that today.
00:14:59.000 --> 00:15:00.650
So now I'll go into a little more detail
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about som of the elements.
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Next slide please.
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One of the key ways that we
seek to promote consistency
00:15:10.183 --> 00:15:13.610
is the creation enforcement teams,
00:15:13.610 --> 00:15:17.039
again, a best practice for
many other regulatory agencies.
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And we do it in two ways:
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one, within a division,
00:15:20.759 --> 00:15:24.603
there will be enforcement teams.
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These will meet to make recommendations
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about how to proceed with
cases within the division,
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prioritize what cases
are more important.
00:15:35.110 --> 00:15:38.126
We can't do enforcement everywhere.
00:15:38.126 --> 00:15:40.520
We can't go after every
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potential violation with the same level
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of resources across the board,
00:15:45.730 --> 00:15:47.440
we have to decide what's most important.
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That's part of the task of this team.
00:15:50.420 --> 00:15:54.480
And these enforcement
teams within the division
00:15:54.480 --> 00:15:58.210
also will be the ones to
track enforcement activity
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and publicize them, so
that's within each division.
00:16:01.820 --> 00:16:06.270
And then Commission-wide,
a liaison from each division
00:16:06.270 --> 00:16:11.110
will be appointed and a
Commission-wide enforcement team
00:16:11.110 --> 00:16:13.610
will meet and discuss
enforcement matters
00:16:13.610 --> 00:16:18.220
of statewide concern with the
goal of promoting consistency
00:16:18.220 --> 00:16:23.220
and efficiency throughout
the Commission.
00:16:23.230 --> 00:16:25.020
Not entirely possible to have
00:16:25.020 --> 00:16:27.350
100% uniformity, consistency,
00:16:27.350 --> 00:16:29.180
different statutory directive.
00:16:29.180 --> 00:16:30.640
But we wanna make sure that
00:16:30.640 --> 00:16:32.780
each division knows
what the other's doing,
00:16:32.780 --> 00:16:34.720
they're sharing best practices
00:16:34.720 --> 00:16:37.310
and we're working from the same script.
00:16:37.310 --> 00:16:39.710
I know this was a concern
of one of the comments
00:16:40.570 --> 00:16:44.190
we got in advance of this
meeting CCPA ask how
00:16:44.190 --> 00:16:46.117
will our policy promote
consistent enforcement?
00:16:46.117 --> 00:16:49.390
And this very much speaks to that.
00:16:49.390 --> 00:16:50.433
Next slide, please.
00:16:52.410 --> 00:16:54.153
This is a very busy slide,
00:16:56.040 --> 00:17:00.853
and the point here is,
00:17:01.740 --> 00:17:06.003
these are described in
the enforcement policy.
00:17:07.720 --> 00:17:10.670
The great majority of
what's mentioned here
00:17:10.670 --> 00:17:13.030
are existing tools.
00:17:13.030 --> 00:17:15.820
Measures that our
staff right now relies on
00:17:15.820 --> 00:17:19.720
or can rely on to respond, to violation,
00:17:19.720 --> 00:17:23.210
to do investigation, issue
appropriate remedial orders,
00:17:23.210 --> 00:17:27.950
or to escalate violations,
to more formal actions.
00:17:27.950 --> 00:17:30.040
And many aren't formal.
00:17:30.040 --> 00:17:33.430
What I mean by formal
is there's no hearing,
00:17:33.430 --> 00:17:35.770
there's no administrative order
00:17:35.770 --> 00:17:37.450
or notice of violation issue.
00:17:37.450 --> 00:17:40.050
And that could be simply
picking up the phone
00:17:40.050 --> 00:17:41.990
and talking to a company
00:17:41.990 --> 00:17:44.490
or sending an email or a warning letter,
00:17:44.490 --> 00:17:46.110
or asking for information
00:17:47.180 --> 00:17:50.770
on an audit or inspection
thing you need to correct this.
00:17:50.770 --> 00:17:53.680
But the policy does say,
you need to document that,
00:17:53.680 --> 00:17:56.560
put it in the file so
we can keep track of it,
00:17:56.560 --> 00:17:59.490
systematize it and ask some uniformity.
00:17:59.490 --> 00:18:02.410
There are more significant
actions that can be taken,
00:18:02.410 --> 00:18:06.550
including decent assist
orders and stop work orders.
00:18:06.550 --> 00:18:09.930
The policy are explained that
those can be done as provided
00:18:09.930 --> 00:18:13.240
by existing law without none
of this extends on the exists
00:18:13.240 --> 00:18:15.640
any authority that the
Commission staff doesn't,
00:18:15.640 --> 00:18:17.980
or does not have already.
00:18:17.980 --> 00:18:21.960
Notices of violation to
be issued and so forth.
00:18:21.960 --> 00:18:24.850
If you go down toward the bottom,
00:18:24.850 --> 00:18:27.460
you can see that in more serious cases,
00:18:27.460 --> 00:18:30.650
we can take more
formal or serious actions.
00:18:30.650 --> 00:18:33.490
We can issue an order
instituting investigation,
00:18:33.490 --> 00:18:35.660
which is a formal condition proceeding.
00:18:35.660 --> 00:18:38.190
We can issue an order to show cause
00:18:38.190 --> 00:18:39.590
or the most serious cases,
00:18:39.590 --> 00:18:44.590
we can refer a matter
for civil or criminal action.
00:18:47.470 --> 00:18:49.400
Again, these actions,
00:18:49.400 --> 00:18:51.600
these range of tools that are available
00:18:51.600 --> 00:18:53.860
uniformly throughout industry divisions
00:18:53.860 --> 00:18:58.220
and the policy explains
how they can be used.
00:18:58.220 --> 00:19:01.810
I wanna now ask to turn Denise Hoffman,
00:19:01.810 --> 00:19:06.810
because one of the goals
of the policy based on input,
00:19:07.360 --> 00:19:09.450
we received a query from staff
00:19:09.450 --> 00:19:12.810
was to provide them with
some additional flexibility
00:19:12.810 --> 00:19:17.530
to respond to violations
by either settling cases
00:19:17.530 --> 00:19:20.610
or issuing administrative orders.
00:19:20.610 --> 00:19:22.470
And this is another,
00:19:22.470 --> 00:19:25.240
an additional tool that we
think will help streamline
00:19:25.240 --> 00:19:26.840
and make our processes more efficient.
00:19:26.840 --> 00:19:29.350
So, Denise I'm gonna
turn this over to you
00:19:29.350 --> 00:19:32.480
to go through the slide and explain.
00:19:32.480 --> 00:19:33.482
Great.
00:19:33.482 --> 00:19:35.803
Can you go to the next slide, please?
00:19:38.240 --> 00:19:40.560
Thank you, thank you Commissioner.
00:19:40.560 --> 00:19:41.710
Good morning, everyone.
00:19:42.550 --> 00:19:45.780
So after a violation is identified,
00:19:45.780 --> 00:19:50.410
the policy establishes
a process for staff
00:19:50.410 --> 00:19:52.570
and a regulated entity
00:19:52.570 --> 00:19:56.140
to negotiate a proposed
settlement of that violation.
00:19:56.140 --> 00:19:59.720
The settlement process
was included in the policy
00:19:59.720 --> 00:20:01.900
in response to discussions with staff
00:20:01.900 --> 00:20:03.493
who said it would be helpful.
00:20:04.460 --> 00:20:06.370
This settlement would be in the form,
00:20:06.370 --> 00:20:07.580
as you can see on the slide
00:20:07.580 --> 00:20:10.300
of an Administrative Consent Order.
00:20:10.300 --> 00:20:13.560
And it's a proposed
Administrative Consent Order
00:20:13.560 --> 00:20:17.073
that becomes final only
after Commission approval.
00:20:18.500 --> 00:20:22.320
In situations where
settlement is not pursued,
00:20:22.320 --> 00:20:25.260
the policy gives staff another new tool
00:20:25.260 --> 00:20:27.353
for responding to a violation.
00:20:28.440 --> 00:20:30.900
At present, Commission enforcement
00:20:30.900 --> 00:20:35.310
includes a multitude of citation
and compliance programs.
00:20:35.310 --> 00:20:38.430
Staff is authorized to issue citations
00:20:38.430 --> 00:20:40.120
when certain violations
00:20:40.120 --> 00:20:44.550
specified in a citation
program are identified.
00:20:44.550 --> 00:20:47.280
The citations include the assessment
00:20:47.280 --> 00:20:52.280
of a preset penalty amount
for the specified violations.
00:20:52.390 --> 00:20:55.910
Staff cannot issue a
citation for violations
00:20:55.910 --> 00:20:59.250
that are not listed
in a citation program.
00:20:59.250 --> 00:21:01.220
And staff cannot deviate
00:21:01.220 --> 00:21:04.053
from the penalty amount
prescribed by a program.
00:21:05.020 --> 00:21:09.720
The policy would not
change the citation programs
00:21:09.720 --> 00:21:13.270
nor would it create a
disincentive to issuing citations
00:21:13.270 --> 00:21:16.290
or adding new citation programs.
00:21:16.290 --> 00:21:18.720
Staff could continue to issue citations
00:21:18.720 --> 00:21:20.950
if appropriate for a case.
00:21:20.950 --> 00:21:25.140
What the policy would
do is give staff the option
00:21:25.140 --> 00:21:29.170
of issuing a proposed
Administrative Enforcement Order,
00:21:29.170 --> 00:21:32.030
instead of issuing a citation.
00:21:32.030 --> 00:21:35.840
The order is an
alternative to a citation
00:21:35.840 --> 00:21:39.080
and could be issued if a
case does not necessitate
00:21:39.080 --> 00:21:42.613
an OII, an Order
Instituting Investigation.
00:21:43.600 --> 00:21:46.340
A proposed order would
be subject to appeal
00:21:46.340 --> 00:21:48.410
by the regulated entity
00:21:48.410 --> 00:21:51.610
in accordance with the hearing
provisions that already exist
00:21:51.610 --> 00:21:53.473
in the citation appellate rules.
00:21:54.400 --> 00:21:56.910
If no timely appeal is filed,
00:21:56.910 --> 00:21:59.640
the proposed order would
then have to be approved
00:21:59.640 --> 00:22:02.393
by the Commission
before it became final.
00:22:03.490 --> 00:22:06.670
The ability to issue a proposed order
00:22:06.670 --> 00:22:09.630
or negotiate a proposed consent order
00:22:09.630 --> 00:22:12.390
would fill a gap in the existing toolbox
00:22:12.390 --> 00:22:14.410
because the orders could be issued
00:22:14.410 --> 00:22:18.220
or negotiated when a
violation is identified,
00:22:18.220 --> 00:22:21.610
that is not included
in a citation program
00:22:21.610 --> 00:22:24.100
or where staff determine
00:22:24.100 --> 00:22:26.850
that the violations
warrant a penalty amount
00:22:26.850 --> 00:22:29.130
that is different than what is set out
00:22:29.130 --> 00:22:30.793
in a citation program.
00:22:34.910 --> 00:22:36.270
That concludes my comments.
00:22:36.270 --> 00:22:37.487
Go ahead, Commissioner.
00:22:37.487 --> 00:22:38.760
Thank you very much Denise.
00:22:38.760 --> 00:22:42.200
And of course, Denise will
be available for questions.
00:22:42.200 --> 00:22:44.100
Could you go to the next slide please?
00:22:47.580 --> 00:22:49.580
Those are the main things
00:22:49.580 --> 00:22:51.600
we wanted to highlight about the policy.
00:22:51.600 --> 00:22:54.403
Of course, there's more
details that we can discuss,
00:22:56.460 --> 00:22:57.973
but those are the highlights.
00:22:58.870 --> 00:23:01.300
The policy will be adopted
00:23:01.300 --> 00:23:04.670
by a resolution of the Commission,
00:23:04.670 --> 00:23:09.450
and that of course, will include
our customary opportunity
00:23:09.450 --> 00:23:12.230
for public review and comment.
00:23:12.230 --> 00:23:14.603
But in addition to that,
00:23:15.580 --> 00:23:17.510
we wanna get...
00:23:17.510 --> 00:23:20.050
We wanna provide an additional process
00:23:20.050 --> 00:23:22.520
through this committee process.
00:23:22.520 --> 00:23:26.870
So we welcome comments to this,
00:23:28.517 --> 00:23:30.210
the Policy and Governance Committee
00:23:30.210 --> 00:23:34.310
and this slide says the
comments are due by July 15th,
00:23:34.310 --> 00:23:39.310
but actually, in response to
some suggestions from staff,
00:23:39.410 --> 00:23:41.470
we're going to extend
that for another week
00:23:41.470 --> 00:23:43.610
so that there'll be a
three-week opportunity
00:23:43.610 --> 00:23:44.960
to provide comments.
00:23:44.960 --> 00:23:47.410
So people can submit comments to us
00:23:47.410 --> 00:23:50.330
at the policy and governance email,
00:23:50.330 --> 00:23:54.170
that's policyandgovernance@cpuc.ca.gov,
00:23:54.170 --> 00:23:55.520
by July 22nd.
00:23:55.520 --> 00:23:59.610
We look forward to any
comments through that process
00:23:59.610 --> 00:24:00.453
and as I said,
00:24:03.050 --> 00:24:06.980
we will propose a resolution
for Commission adoption,
00:24:06.980 --> 00:24:08.760
which will provide another opportunity
00:24:08.760 --> 00:24:12.210
for formal public comment and review.
00:24:12.210 --> 00:24:13.900
Any comments that are sent
00:24:13.900 --> 00:24:17.450
to our policy and governance
email will be posted
00:24:17.450 --> 00:24:18.890
to our website,
00:24:18.890 --> 00:24:20.170
I think we've already done that
00:24:20.170 --> 00:24:24.070
with the comments we've received so far.
00:24:24.070 --> 00:24:27.180
We may have another policy
and governance meeting
00:24:27.180 --> 00:24:31.430
to discuss comments before
issuing the draft resolution.
00:24:31.430 --> 00:24:33.200
I don't know if we're
going to do that or not,
00:24:33.200 --> 00:24:35.150
we'll see the nature of the discussion
00:24:35.150 --> 00:24:36.870
and what the feedback
00:24:36.870 --> 00:24:39.340
and desire of the other
Commissioners are.
00:24:39.340 --> 00:24:41.090
But at the very least,
we have this opportunity
00:24:41.090 --> 00:24:43.290
for public comments now,
00:24:43.290 --> 00:24:46.490
and then we will have a draft
resolution for CPUC approval,
00:24:46.490 --> 00:24:48.270
which will provide
additional opportunities
00:24:48.270 --> 00:24:50.000
for public comment.
00:24:50.000 --> 00:24:52.300
There are lots of other
implementation details
00:24:52.300 --> 00:24:54.940
once the policy is adopted.
00:24:54.940 --> 00:24:58.870
We will do training, develop templates,
00:24:58.870 --> 00:25:01.190
constitute the enforcement teams
00:25:01.190 --> 00:25:03.810
within divisions and Commission wide,
00:25:03.810 --> 00:25:07.620
and those will be left to staff
00:25:07.620 --> 00:25:10.270
who are designated to form these teams
00:25:10.270 --> 00:25:11.250
and others to implement.
00:25:11.250 --> 00:25:14.120
I don't think we need
to get into that right now,
00:25:14.120 --> 00:25:17.090
we understand there's a
lot of implementation details
00:25:17.090 --> 00:25:18.330
to work out.
00:25:18.330 --> 00:25:19.470
So with that,
00:25:19.470 --> 00:25:24.470
I will stop and invite
questions and comments
00:25:24.590 --> 00:25:27.303
from my fellow Commissioners.
00:25:31.470 --> 00:25:32.480
Commissioner
Rechtschaffen,
00:25:32.480 --> 00:25:33.630
this is Commissioner Randolph.
00:25:33.630 --> 00:25:35.880
I just wanted to let you
know that I just logged in
00:25:35.880 --> 00:25:40.880
and I'm trying to hop on to
the WebEx event, so thank you.
00:25:41.920 --> 00:25:43.100
Welcome, Commissioner Randolph.
00:25:43.100 --> 00:25:43.933
So as you can see,
00:25:43.933 --> 00:25:48.933
we just went through the
PowerPoint presentation
00:25:49.370 --> 00:25:52.423
and we're now having
Commissioner discussion.
00:25:53.540 --> 00:25:55.183
Okay, great, thank you.
00:25:58.210 --> 00:26:00.140
So thank you very much
00:26:00.140 --> 00:26:04.590
for not only the very hard work
00:26:04.590 --> 00:26:09.570
in the last two years,
you and the staff,
00:26:09.570 --> 00:26:13.020
Commissioner Randolph
and Commissioner Picker,
00:26:13.020 --> 00:26:18.000
President Picker, for doing
this extremely important work
00:26:18.000 --> 00:26:23.000
of trying to bring consistency
to our enforcement activities
00:26:23.310 --> 00:26:25.410
and indeed to the policy.
00:26:25.410 --> 00:26:26.883
Appreciate that very much.
00:26:28.340 --> 00:26:29.930
It seems like there's some concern
00:26:29.930 --> 00:26:34.930
about parties being able to
comment properly on the policy.
00:26:36.060 --> 00:26:37.600
I'm not quite understanding that,
00:26:37.600 --> 00:26:39.740
'cause we were open for public comment
00:26:39.740 --> 00:26:41.620
and we just extended it, correct?
00:26:41.620 --> 00:26:44.410
So I don't understand the concern
00:26:44.410 --> 00:26:48.090
about some of the parties
have written in concerned
00:26:48.090 --> 00:26:50.310
about not being able to
comment on the policy
00:26:50.310 --> 00:26:51.833
in an appropriate way.
00:26:54.060 --> 00:26:56.100
Well, we did extend
the comment period.
00:26:56.100 --> 00:26:58.050
I think there may have
been some uncertainty
00:26:58.050 --> 00:26:58.910
about the process
00:26:58.910 --> 00:27:02.600
by which we were
going to adopt the policy,
00:27:02.600 --> 00:27:05.540
and explaining that we're
going to have a draft resolution
00:27:05.540 --> 00:27:09.880
that's subject to our normal
public comment and review
00:27:09.880 --> 00:27:12.363
hopefully allay some of those concerns.
00:27:13.300 --> 00:27:14.360
Okay, thank you,
00:27:14.360 --> 00:27:18.600
just wanted to have that explained
00:27:19.570 --> 00:27:21.830
so anyone listening in would understand
00:27:21.830 --> 00:27:24.523
that has concerns about
public comment, thank you.
00:27:26.307 --> 00:27:29.470
Commissioner Shiroma.
00:27:29.470 --> 00:27:30.810
Yes, thank you,
President Batjer.
00:27:30.810 --> 00:27:33.200
And thank you,
Commissioner Rechtschaffen,
00:27:33.200 --> 00:27:38.200
and Commissioner Randolph,
who will be joining us soon.
00:27:38.640 --> 00:27:42.200
This is a tremendous
and Herculean effort
00:27:43.700 --> 00:27:45.983
that the policy committee undertook.
00:27:47.440 --> 00:27:48.790
You know the Commission has
00:27:50.480 --> 00:27:52.720
developed and adopted other policies,
00:27:52.720 --> 00:27:56.960
the environmental
and social justice plan,
00:27:56.960 --> 00:28:00.133
the tribal plan.
00:28:03.210 --> 00:28:07.480
We also have policies surrounding
00:28:07.480 --> 00:28:09.350
disadvantaged communities and so forth.
00:28:09.350 --> 00:28:14.350
So I view this proposal
within that rubric,
00:28:15.810 --> 00:28:19.370
and certainly there'll
be opportunities for
00:28:19.370 --> 00:28:23.720
parties and our regulated utilities
00:28:24.930 --> 00:28:27.113
to weigh in on this.
00:28:28.850 --> 00:28:30.320
I do want to thank you,
00:28:30.320 --> 00:28:32.870
Commissioner Rechtschaffen,
for bringing it forward.
00:28:32.870 --> 00:28:37.740
I do remember when I first
came on board last year,
00:28:37.740 --> 00:28:40.470
one of the first things that,
00:28:40.470 --> 00:28:42.220
I forget if it was you or if it was
00:28:44.000 --> 00:28:45.800
Michael Picker at the time giving me
00:28:46.650 --> 00:28:50.500
some materials that had
been developed at that point.
00:28:50.500 --> 00:28:55.363
And now here we have
a comprehensive product.
00:28:56.220 --> 00:28:57.790
I think through this enforcement policy,
00:28:57.790 --> 00:29:02.240
we have an opportunity
to formalize our approach
00:29:02.240 --> 00:29:04.130
and consistently apply
00:29:04.130 --> 00:29:07.060
the Commission's enforcement mechanisms.
00:29:07.060 --> 00:29:08.350
As I reviewed it,
00:29:08.350 --> 00:29:13.350
I looked back at the Commission's
Strategic Directive Five
00:29:13.480 --> 00:29:16.770
on compliance and enforcement,
00:29:16.770 --> 00:29:21.190
which outlines the
Commission's core values
00:29:21.190 --> 00:29:23.560
on compliance and enforcement,
00:29:23.560 --> 00:29:25.900
and specifically on parts one and two
00:29:25.900 --> 00:29:27.590
of the strategic directive.
00:29:27.590 --> 00:29:30.960
One, promote compliance
and deter violations
00:29:30.960 --> 00:29:33.360
with laws, standards, and regulations,
00:29:33.360 --> 00:29:38.310
and to enforce applicable
law, rules, and regulations
00:29:38.310 --> 00:29:40.733
in a fair and consistent manner.
00:29:42.290 --> 00:29:44.580
So I do thank you and
Commissioner Randall
00:29:44.580 --> 00:29:49.580
for teeing this up for our
committee meeting today.
00:29:49.870 --> 00:29:54.410
It looks like it's goal is
00:29:54.410 --> 00:29:57.840
to provide the staff
with additional tools,
00:29:57.840 --> 00:30:00.743
to provide for being more
nimble and effective timely,
00:30:04.650 --> 00:30:08.960
and really, my
question at this point is,
00:30:08.960 --> 00:30:11.520
the draft policy discusses both
00:30:11.520 --> 00:30:13.930
enforcement teams within each division,
00:30:13.930 --> 00:30:16.103
and then of course, across the CPUC.
00:30:17.220 --> 00:30:22.220
We are governed by all kinds of rules.
00:30:22.230 --> 00:30:25.520
Badly key, next party,
and so forth and so on.
00:30:25.520 --> 00:30:30.520
And so in terms of formalizing
this cross division approach,
00:30:33.390 --> 00:30:37.673
I imagine it's going to
involve a lot of training,
00:30:39.125 --> 00:30:44.125
and where the firewalls are or are not.
00:30:45.860 --> 00:30:50.860
And then, how do we work within
00:30:51.460 --> 00:30:55.940
those sorts of
requirements while allowing
00:30:55.940 --> 00:31:00.320
the industry divisions,
the enforcement divisions,
00:31:00.320 --> 00:31:02.633
being able to work together.
00:31:05.660 --> 00:31:07.290
Thank you,
Commissioner Shiroma.
00:31:07.290 --> 00:31:11.500
That's a very important point,
and one we're cognizant of.
00:31:11.500 --> 00:31:15.090
We've been consulting
closely with the legal division
00:31:15.090 --> 00:31:17.680
about that implementation issue.
00:31:17.680 --> 00:31:20.650
And as folks know,
00:31:20.650 --> 00:31:25.650
we are bound by, by
state Supreme court law,
00:31:25.660 --> 00:31:29.140
to make sure that we have a separation
00:31:29.140 --> 00:31:33.140
between our advisory
staff and our advocacy staff,
00:31:33.140 --> 00:31:37.550
and staff who work on
active enforcement cases
00:31:37.550 --> 00:31:39.880
and active matters need to be separated
00:31:39.880 --> 00:31:41.640
from staff, we're providing advice
00:31:41.640 --> 00:31:46.640
to decision makers, this
will pose some challenges,
00:31:47.580 --> 00:31:50.980
but they are certainly,
they can certainly
00:31:50.980 --> 00:31:53.550
be overcome, we have to be careful
00:31:53.550 --> 00:31:56.400
and thoughtful, we do this already,
00:31:56.400 --> 00:31:59.760
to some degree in cases, once we convert
00:31:59.760 --> 00:32:02.460
from an investigation to
an enforcement action,
00:32:02.460 --> 00:32:05.580
but it's a very real and
important legal constraint,
00:32:05.580 --> 00:32:07.420
and we're working
with legal to figure out
00:32:07.420 --> 00:32:09.513
the best way to effectuate that.
00:32:12.190 --> 00:32:14.780
And my only other
thing is to suggest that
00:32:14.780 --> 00:32:18.340
because SD-5 is the strategic directive,
00:32:18.340 --> 00:32:19.840
that it's really the umbrella,
00:32:21.140 --> 00:32:24.390
a directive that there'd
be a reference in
00:32:24.390 --> 00:32:28.120
the policy added to, to our SD-5
00:32:29.244 --> 00:32:34.244
and otherwise indeed your
team with Jason, Roger,
00:32:36.180 --> 00:32:40.210
and Madosky Denise Hoffman.
00:32:40.210 --> 00:32:42.900
It's a really solid team
that puts this together,
00:32:42.900 --> 00:32:46.820
and I can see that all four corners of
00:32:46.820 --> 00:32:51.820
the CQC were, reviewed past practices,
00:32:52.860 --> 00:32:55.410
past decisions, past compliance
00:32:55.410 --> 00:32:57.920
and enforcement, I mean, it it's,
00:32:57.920 --> 00:33:00.690
got everything and the kitchen sink,
00:33:00.690 --> 00:33:02.720
I'm not sure where that
term came from (laughs)
00:33:02.720 --> 00:33:04.520
I use it all the time,
it's got everything
00:33:04.520 --> 00:33:06.570
in the kitchen sink, so thanks for
00:33:06.570 --> 00:33:08.360
the very thorough job, I'll look forward
00:33:08.360 --> 00:33:11.410
to hearing, hearing the
comments, thank you.
00:33:11.410 --> 00:33:13.230
Thank you, and I
think that makes a lot
00:33:13.230 --> 00:33:16.540
of sense to incorporate a directive,
00:33:16.540 --> 00:33:19.120
a reference the
strategic directive five,
00:33:19.120 --> 00:33:24.120
and we'll do that, Liane Randolph,
00:33:24.920 --> 00:33:27.380
you just joined us, do you have
00:33:27.380 --> 00:33:29.403
any comments or questions?
00:33:31.800 --> 00:33:33.453
No, thank you,
00:33:35.505 --> 00:33:37.440
I did read through the power point
00:33:37.440 --> 00:33:41.190
and obviously the, the proposal itself
00:33:41.190 --> 00:33:44.910
and I'm I, and I also found the comments
00:33:45.930 --> 00:33:49.020
that we've gotten so far interesting
00:33:49.020 --> 00:33:50.350
and I'm, I'm hoping folks will
00:33:50.350 --> 00:33:53.340
be commenting today, I do think that
00:33:53.340 --> 00:33:56.090
this presents a huge opportunity
00:33:56.090 --> 00:33:58.750
for consistency, you know,
00:33:58.750 --> 00:34:03.750
for a sort of careful
thoughtful approach
00:34:05.320 --> 00:34:07.810
where regulated entities understand
00:34:07.810 --> 00:34:09.590
that, you know, there are going
00:34:09.590 --> 00:34:14.590
to be basically, you know, escalating
00:34:15.870 --> 00:34:20.870
and enforcement opportunities where
00:34:23.800 --> 00:34:26.850
the regulated entities can be informed,
00:34:26.850 --> 00:34:29.240
they can understand when there is
00:34:29.240 --> 00:34:31.560
a potential violation when there's
00:34:31.560 --> 00:34:33.280
an actual violation
00:34:33.280 --> 00:34:38.280
and what the steps that staff is
00:34:38.330 --> 00:34:41.120
gonna take to respond to that violation
00:34:41.120 --> 00:34:45.080
and ensure that it is corrected
00:34:45.080 --> 00:34:47.003
or penalized as appropriate,
00:34:47.880 --> 00:34:50.083
and the policy, I think,
00:34:51.370 --> 00:34:53.440
you know, appropriately recognizes
00:34:53.440 --> 00:34:56.750
the due process, rights of the parties
00:34:56.750 --> 00:35:00.270
and the opportunities for appeal,
00:35:00.270 --> 00:35:03.920
and so I think it's a good framework
00:35:03.920 --> 00:35:07.150
for how to proceed with consistency
00:35:07.150 --> 00:35:09.260
and cross agency collaboration,
00:35:09.260 --> 00:35:12.310
so looking forward to
hearing additional comments
00:35:12.310 --> 00:35:13.160
from the parties.
00:35:15.740 --> 00:35:17.970
Thank you,
Commissioner Randolph.
00:35:17.970 --> 00:35:19.420
Before I open it up
00:35:19.420 --> 00:35:22.080
to people on the line,
00:35:22.080 --> 00:35:25.470
we did get several
advanced written comments,
00:35:25.470 --> 00:35:28.270
and I want to address at
least a few of the major points
00:35:28.270 --> 00:35:29.103
that have been raised,
00:35:29.103 --> 00:35:30.500
not all of them,
00:35:30.500 --> 00:35:33.460
because parties obviously can present
00:35:33.460 --> 00:35:36.420
more specific concerns here or
00:35:36.420 --> 00:35:38.360
in follow up comments.
00:35:38.360 --> 00:35:40.760
But as President Batcher mentioned,
00:35:40.760 --> 00:35:41.593
and as I mentioned,
00:35:41.593 --> 00:35:42.520
there were several questions
00:35:42.520 --> 00:35:44.370
about the process,
00:35:44.370 --> 00:35:47.650
we will use to fully
consider and adopt the policy
00:35:47.650 --> 00:35:50.480
and I think we covered that.
00:35:50.480 --> 00:35:52.517
How we'll provide the
parties with an opportunity
00:35:52.517 --> 00:35:54.550
to review and comment.
00:35:54.550 --> 00:35:58.770
There was one particular
question from CCTA and asked
00:35:58.770 --> 00:36:01.450
if this is chained to
our rules and policies
00:36:01.450 --> 00:36:03.230
of policy and practice.
00:36:03.230 --> 00:36:04.810
And the answer to that is no.
00:36:04.810 --> 00:36:06.230
This is just internal guidance.
00:36:06.230 --> 00:36:09.640
It's not an amendment to those rules.
00:36:09.640 --> 00:36:12.140
Mr. Sherman, sent an email
00:36:12.140 --> 00:36:17.140
asking if the policy relate to
a 2018 state auditor report,
00:36:19.230 --> 00:36:21.750
finding that PUC was out of compliance
00:36:21.750 --> 00:36:25.170
with the auditing
requirements for water utilities
00:36:25.170 --> 00:36:28.990
and whether the policy
would apply retroactively.
00:36:28.990 --> 00:36:30.870
And I just want to answer the question
00:36:30.870 --> 00:36:33.123
about the retroactive application.
00:36:33.123 --> 00:36:36.830
The policy stayed at page one,
00:36:36.830 --> 00:36:41.830
and quoting 'this policy
does not apply to any violation
00:36:43.220 --> 00:36:46.110
that as of the effective
date of the policy
00:36:46.110 --> 00:36:48.510
is the subject of a citation in order
00:36:48.510 --> 00:36:49.940
to show cause,
00:36:49.940 --> 00:36:53.890
in order instituting
investigation or a referral
00:36:53.890 --> 00:36:55.630
to the legal division for the filing
00:36:55.630 --> 00:36:58.140
of a civil or criminal action'.
00:36:58.140 --> 00:37:00.990
So that's the answer to the
question about retroactivity.
00:37:02.820 --> 00:37:07.820
TCTA, CTIA, and Com
McBride of Goodman McBride,
00:37:08.450 --> 00:37:09.720
raised a concern
00:37:09.720 --> 00:37:11.140
that the policy represents
00:37:11.140 --> 00:37:14.470
an illegal delegation, of authority
00:37:14.470 --> 00:37:15.363
to staff.
00:37:17.730 --> 00:37:19.730
In short,
00:37:19.730 --> 00:37:22.730
we've had the legal division
look very carefully about this,
00:37:22.730 --> 00:37:24.490
and they are comfortable
00:37:24.490 --> 00:37:25.720
with what we've done here.
00:37:25.720 --> 00:37:27.600
They don't agree
with this interpretation,
00:37:27.600 --> 00:37:29.400
and we've,
00:37:29.400 --> 00:37:30.320
we've explained that
00:37:30.320 --> 00:37:31.560
in other recent decisions,
00:37:31.560 --> 00:37:36.050
including the adoption of
the citation appeal rules.
00:37:36.050 --> 00:37:39.410
Course we'll look closely at
any specifically returns that
00:37:39.410 --> 00:37:44.100
are presented in the
formal comments we get.
00:37:44.100 --> 00:37:45.550
And then finally,
00:37:45.550 --> 00:37:50.450
CCTA raise this specific question,
00:37:50.450 --> 00:37:53.170
while a matter is being appealed
00:37:53.170 --> 00:37:55.060
to the full Commission,
00:37:55.060 --> 00:37:57.050
what measures can be put in place
00:37:57.050 --> 00:38:01.373
to prevent accruing
penalties during the appeal?
00:38:03.480 --> 00:38:06.490
The question raises a couple of issues
00:38:06.490 --> 00:38:10.260
that I want to break out as precisely
00:38:10.260 --> 00:38:11.570
as I can.
00:38:11.570 --> 00:38:13.700
Again, the question is what
measures can be put in place
00:38:13.700 --> 00:38:15.107
to prevent accruing penalties
00:38:15.107 --> 00:38:18.863
during an appeal if
a matter is appealed?
00:38:19.900 --> 00:38:22.000
Just as under current practice,
00:38:22.000 --> 00:38:24.260
and no matter which enforcement tool
00:38:24.260 --> 00:38:25.093
is used,
00:38:25.960 --> 00:38:28.503
until a violation is remedied,
00:38:29.830 --> 00:38:34.830
liability and potential
penalties continue to accrue.
00:38:34.850 --> 00:38:36.670
Nothing in the policy changes that.
00:38:36.670 --> 00:38:38.170
If the entities
00:38:38.170 --> 00:38:42.980
in violation, until and unless
they correct the violation,
00:38:42.980 --> 00:38:45.043
they're subject to continued penalties.
00:38:45.920 --> 00:38:48.890
if an enforcement order is issued,
00:38:48.890 --> 00:38:53.130
and the entity contested and
00:38:53.130 --> 00:38:54.559
asks for a hearing,
00:38:54.559 --> 00:38:58.080
the policy provides that
the penalty doesn't have
00:38:58.080 --> 00:39:01.640
to be paid, until the
appeal is resolved.
00:39:01.640 --> 00:39:02.473
So in other words,
00:39:02.473 --> 00:39:05.630
payment of the penalties is
stayed once the appeal is filed,
00:39:05.630 --> 00:39:08.530
but penalties
00:39:08.530 --> 00:39:10.150
potential penalties,
00:39:10.150 --> 00:39:12.920
accrues so long as
there's an ongoing violation
00:39:12.920 --> 00:39:14.490
that's not corrected.
00:39:14.490 --> 00:39:16.890
So those aren't all of
the comments we got,
00:39:16.890 --> 00:39:20.220
but those are some I
wanted to answer directly.
00:39:20.220 --> 00:39:25.070
And now we're open
to any public questions
00:39:25.070 --> 00:39:26.500
and I'll ask the operator
00:39:26.500 --> 00:39:27.960
to call in any public comment
00:39:29.010 --> 00:39:30.773
that would want to ask questions.
00:39:31.740 --> 00:39:33.090
At this time, we
have no public comment.
00:39:33.090 --> 00:39:35.015
As a reminder, you may press star one
00:39:35.015 --> 00:39:36.870
only record your first and last name
00:39:36.870 --> 00:39:38.700
to be placed into the queue.
00:39:38.700 --> 00:39:39.670
Once again, please,
00:39:39.670 --> 00:39:42.133
please press star one
on your touch tone phone.
00:39:45.430 --> 00:39:46.730
Still no parties in queue.
00:39:48.470 --> 00:39:50.140
Let me ask Deidre Cyprian
00:39:51.130 --> 00:39:56.130
who's monitoring our policy
and governance website.
00:39:56.710 --> 00:39:58.110
Are there any comments submitted
00:39:58.110 --> 00:40:01.313
through the policy and
governance email address?
00:40:03.063 --> 00:40:03.950
Pleased to, Commissioner.
00:40:03.950 --> 00:40:06.470
There are no emails
that have come through
00:40:07.510 --> 00:40:08.920
to that email address.
00:40:15.640 --> 00:40:16.473
Okay.
00:40:16.473 --> 00:40:21.410
Well, we can give, we can
give parties another minute or so
00:40:22.440 --> 00:40:27.440
in case they wanna
call in and just wait.
00:40:27.490 --> 00:40:29.800
Operator, maybe checking
another 30 seconds.
00:40:29.800 --> 00:40:32.370
And then if not I will turn it back
00:40:32.370 --> 00:40:34.597
over to President Batjer.
00:40:44.011 --> 00:40:44.844
Operator?
00:40:44.844 --> 00:40:46.740
We still have no
public queue at this time.
00:40:46.740 --> 00:40:48.130
Okay.
00:40:48.130 --> 00:40:53.130
Well, are there any additional
comments or questions
00:40:54.370 --> 00:40:55.573
from the Commissioners?
00:41:04.350 --> 00:41:05.641
Okay, I will--
00:41:05.641 --> 00:41:07.130
Commissioner Rechtschaffen,
00:41:07.130 --> 00:41:11.010
maybe if you would repeat
00:41:11.010 --> 00:41:14.320
what the comment deadlines are
00:41:14.320 --> 00:41:17.600
for the public and the parties.
00:41:17.600 --> 00:41:21.373
You said it's gonna be
extended from July 15th.
00:41:22.810 --> 00:41:24.660
Thank you, Commissioner Shiroma
00:41:24.660 --> 00:41:27.920
and Robert, if you could go back to the
00:41:27.920 --> 00:41:32.920
and show, share the screen
with the second to last slide,
00:41:35.540 --> 00:41:36.373
Yes, Commissioner
00:41:36.373 --> 00:41:40.420
We've extended the public
comment period till July 22nd.
00:41:40.420 --> 00:41:45.420
So there's now three weeks
available from today's date
00:41:45.500 --> 00:41:48.250
in order to, to provide comments.
00:41:48.250 --> 00:41:53.250
And it is the, the email is
policyandgovernance@cpuc.ca.gov
00:41:59.730 --> 00:42:02.260
You can also see on, on the slide
00:42:02.260 --> 00:42:06.930
that Deidre's email is listed here.
00:42:06.930 --> 00:42:09.790
If folks have specific
questions about the policy
00:42:09.790 --> 00:42:12.970
or what we're doing, or
the website or anything else,
00:42:12.970 --> 00:42:16.203
you're welcome to email Deidre directly.
00:42:21.880 --> 00:42:25.700
There will also, em, the
comments obviously will be
00:42:25.700 --> 00:42:28.034
that we received that we referred to
00:42:28.034 --> 00:42:30.575
Commissioner
Rechtschaffen and I referred
00:42:30.575 --> 00:42:32.320
to earlier as well.
00:42:32.320 --> 00:42:35.130
They'll be looked at by staff
00:42:35.130 --> 00:42:38.393
and answered as we're
drafting the draft resolution.
00:42:39.270 --> 00:42:40.990
Is that correct?
00:42:40.990 --> 00:42:44.650
Just as part of process when
we're developing a policy,
00:42:44.650 --> 00:42:46.363
maybe we could explain that a bit.
00:42:48.000 --> 00:42:49.230
Well, we will.
00:42:49.230 --> 00:42:50.330
Yes, we will.
00:42:50.330 --> 00:42:53.260
Staff will review all the
comments we received,
00:42:53.260 --> 00:42:57.440
as well as any comments we
receive on the draft resolution
00:42:57.440 --> 00:43:01.590
and in the resolution as
proposed for Commission approval,
00:43:01.590 --> 00:43:06.250
we will explain our answers to
the comments that we receive.
00:43:06.250 --> 00:43:07.250
OK, great.
00:43:07.250 --> 00:43:09.220
Just wanted to let the public know
00:43:09.220 --> 00:43:11.660
how the questions that
have been sent in today
00:43:11.660 --> 00:43:13.317
will be responded to.
00:43:16.210 --> 00:43:17.610
'Kay, any other questions?
00:43:20.360 --> 00:43:23.380
Once again, I wanna thank
Commissioner Rechtschaffen
00:43:23.380 --> 00:43:28.380
and all the people, the staff,
and Commissioner Randolph.
00:43:28.925 --> 00:43:31.913
Commissioner Shiroma,
thank you for your participation.
00:43:36.810 --> 00:43:38.820
It's notable to note again
00:43:38.820 --> 00:43:41.410
how hard they obviously
have worked to put
00:43:41.410 --> 00:43:45.380
this enforcement policy draft together.
00:43:45.380 --> 00:43:49.170
I thank them enormously
for all that hard work
00:43:49.170 --> 00:43:51.280
'cause everybody also has day jobs,
00:43:51.280 --> 00:43:54.430
so this is only one of
their many assignments.
00:43:54.430 --> 00:43:58.003
So, again, thank you so
much for the presentation.
00:43:59.200 --> 00:44:02.960
Definitely it's so
important that we have
00:44:02.960 --> 00:44:06.110
the right tools in place,
and as I said earlier,
00:44:06.110 --> 00:44:09.700
that we need to be
consistent and transparent,
00:44:09.700 --> 00:44:12.950
as well, as you mentioned,
Commissioner Rechtschaffen,
00:44:12.950 --> 00:44:17.263
flexible to be a very
effective regulator.
00:44:18.380 --> 00:44:20.810
I look forward to the
stakeholder's input
00:44:20.810 --> 00:44:23.930
as we've talked, I hope
people take a close look
00:44:23.930 --> 00:44:27.310
at the draft and provide their comments,
00:44:27.310 --> 00:44:30.160
especially now that the comment
period has been extended.
00:44:31.200 --> 00:44:34.135
Before we end this meeting,
I'm gonna ask the operator
00:44:34.135 --> 00:44:38.263
one final time if there's
anyone on the telephone.
00:44:41.860 --> 00:44:43.480
At this time
we have no questions
00:44:43.480 --> 00:44:44.373
or comments.
00:44:45.460 --> 00:44:47.710
Okay, well, thank you operator,
00:44:47.710 --> 00:44:51.020
and thank you again
for joining us today.
00:44:51.020 --> 00:44:53.520
This meeting is now adjourned.
00:44:53.520 --> 00:44:54.353
Please,
00:44:55.332 --> 00:44:58.660
one was already opened up
for the public comment line,
00:44:58.660 --> 00:44:59.493
have we not?