1. (a) A local publicly owned electric utility may petition the Commission for an exemption from application of this chapter for investments required under the terms of a contract or ownership agreement that was in place January 1, 2007. The Commission may exempt investments from application of this chapter if the local publicly owned electric utility demonstrates that:

   1. (1) the investments are required under the terms of the contract or ownership agreement; and
   2. (2) the contract or ownership agreement does not afford the local publicly owned electric utility applying for the exemption the opportunity to avoid making such investments.
2. (b) Upon receipt of a petition under this section, the executive director shall review and make a recommendation to the full Commission on whether to grant the petition. The executive director may, within 14 days after receipt of a petition, notify the local publicly owned electric utility in writing of any additional information needed to review the petition. The Commission shall consider the executive director's recommendation and shall issue a decision on whether to grant the petition within 30 days after receipt of the complete petition.

Note: Authority cited: Sections 25213 and 25218(e), Public Resources Code; and Section 8341, Public Utilities Code. Reference: Section 8341, Public Utilities Code.

History

1. New section filed 10-16-2007; operative 10-16-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 42).

2. Amendment of subsections (a)-(a)(2) filed 8-28-2014; operative 10-1-2014 (Register 2014, No. 35).