Northern California Association to Preserve Bodega Head and Harbor, Inc.

61 Cal. 2d 126 (1964), 390 P.2d 200

Affirming a Commission order granting a Certificate of Public Convenience and Necessity to PG&E to operate a nuclear facility at Bodega Bay, the Court concluded that (1) the Commission was not preempted from inquiring into safety questions apart from radiation hazards, (2) a party that has failed to seek timely judicial review of a Commission decision may not cure such failure by a series of late-filed petitions to modify or reopen a proceeding, and (3) the record of the underlying Commission proceeding supported the Commission’s conclusion with regard to non-radiation related safety issues.  While, unpublished portions of St. Helena (Para. 25) call point (2) into question, the Commission recently relied on this decision to deny PG&E’s application for rehearing of a 2017 Commission decision denying of PG&E’s 2016 petition for modification of a 2014 Commission decision; the Commission concluded that “(t)he issues raised in PG&E’s application for rehearing are time-barred.”

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