On February 5, 2014, the First District Court of Appeal issued a clear directive to the California Public Utilities Commission (“CPUC”) and the parties coming before it: uncorroborated hearsay evidence does not qualify as the “substantial evidence” required to support a disputed finding of fact. The Utility Reform Network v. Public Utilities Commission (“TURN II”), __ Cal. App. 4th__, annulled a CPUC decision Continue reading “Objection! Hearsay: The Prohibition Against Basing CPUC Findings on Uncorroborated, Contested Hearsay Evidence”

On May 20, 2013, the United States Supreme Court held that an administrative agency’s construction of a statute related to its own jurisdiction is entitled to deference under Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984) (“Chevron”). City of Arlington v. Federal Communications Commission, 569 U.S. ___ (2013) (“Arlington”). Continue reading “Deference Means Never Having to Say “You’re Wrong:” the Potential Effect of City of Arlington v. FCC on California Law and the CPUC”