Northern California Power Agency

5 Cal. 3d 370 (1971), 486 P.2d 1218

In a frequently cited decision (“NCPA”), the Court reversed a Commission decision granting a Certificate of Public Convenience and Necessity to PG&E for the construction of a geothermal electric generating plant on the grounds that the Commission failed to give adequate consideration to, and make appropriate findings with regard to, antitrust issues raised by Petitioner.  The Court also stated that the Commission was obligated to consider such issues sua sponte even though the Commission itself lacked the jurisdiction to enforce anti‑trust laws.  Notably, the Court also held that even if the Commission had considered antitrust issues, as PG&E argued it simply must have, the findings in the decision failed to evidence any such consideration as required by Section 1705.  NCPA is, at its core, grounded in Section 1705.

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