Southern California Gas Company, Pacific Telephone & Telegraph Co. and PG&E

38 Cal. 3d 64 (1985), 695 P.2d 186

The Court dismissed Petitions by three utilities which asserted that an award of “public participation costs” contravened judicial precedent, the CLAM decision (Para. 47, infra).  The Court held that the issues raised in the petitions had been rendered moot by the enactment of legislation (SB4-Montoya), effective January 1, 1985, setting forth conditions under which the Commission could award such costs, today known as “intervenor compensation.”  The Court held that, notwithstanding the fact that the proceedings in question had commenced prior to the effective date of the legislation, the legislature had the power to furnish the requisite authority nunc pro tunc where “it clearly evinces an intent to do so and no vested or constitutional rights are infringed.”  Of greater significance today, the Court held that by enacting specific rules in SB 4 (now Section 1801, et seq.) the Legislature “foreclosed  the notion that additional implied authority exists.”  New Cingular Wireless I (Para. 4) relied on this decision to conclude that Greyhound deference was not appropriate when reviewing Commission interpretations of Sections 1801 – 1807.

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