United States Steel Corporation

29 Cal. 3d 603 (1981), 629 P.2d 1381

In a Commission proceeding considering exemption of private vessel commodities from minimum rate regulations (“MRT”), the Commission concluded that it need not consider the extent to which its decision would affect the ability of domestic steel producers to compete with foreign producers. The Court reversed the decision and held that the Commission should have assessed the economic impact of its action, pursuant to the Commission’s duty to consider all facts that might bear on the exercise of its discretion. The Court held that such a duty was inherent in the requirement of Section 1705 that the Commission decision contain separately stated Findings of Fact and Conclusions of Law on all material issues. (See Para. 54 for a similar holding, but see also Paras. 3 and 8 for limitations on the scope of Section 1705.) At some point the Courts will have to address whether any evidentiary requirements govern what would today probably be deemed a rulemaking proceeding subject to Section 1757.1, standards of review that do not include a “substantial evidence” test.) (See Para. 28 and the reference to footnote No. 17 of the case discussed therein.)

Download PDF