City of Los Angeles

15 Cal. 3d 680 (1975), 542 P.2d 1371

Reversing in part and affirming in part the Commission order, the Court concluded that, notwithstanding Section 728, even as construed prior to Edison (Para. 59), the Commission possessed the power to implement an annual adjustment scheme for Pacific and GTE by which certain tax savings enjoyed by these utilities would be flowed through to ratepayers.  This decision contains a discussion by the Court of (1) the legal difference between reopening a decision and rehearing it, and (2) when a Commission decision is truly “final.”  The decision was cited with respect to the latter issue, by the Ninth Circuit in CTI, 196 F.3d 1011, 1016.  The reader is invited to consider whether the cite in CTI is actually supported by the text of this case.

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