Phonetele, Inc.

11 Cal. 3d 125 (1974), 520 P.2d 400

The Court reversed a Commission order requiring customers that used nonutility provided customer premises equipment (“CPE”) to also employ a protective connection device (“PCA”) provided by the utilities.  The Court held that (1) the Commission had applied an incorrect standard for determining whether the protective connector was required, and (2) there was an inadequate record to support the PCA requirement under the correct standard.  Notably, the Court does not articulate what standard of review it employed.  The decision seems wholly at odds with both (1) Marvin Goldin (Para. 55), in which the Commission’s factual determination was deemed inviolate and (2) the deference of Greyhound. (Para. 71)

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