Southern California Gas Company

24 Cal. 3d 653 (1979), 596 P.2d 1149

The Court reversed portions of a Commission decision requiring gas utilities to implement a home insulation financing program.  The Court concluded that statutory language directing the Commission to permit utilities to enact a financing program could not be construed to allow the Commission, even under the mandates of Sections 701 and 702, to require a financing program.  In fact, under the rules of statutory construction, the Legislature’s express authorization of a permissive plan, “impliedly precludes any authority to impose a mandatory requirement.”  Even an implied legislative directive may restrict the Scope of Section 701.

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