Section 1240 - Renewables Portfolio Standard Enforcement(a) Notwithstanding anything in this article to the contrary, the following shall apply to any complaint pertaining to a Renewables Portfolio Standard requirement, or any regulation, order, or decision adopted by the commission pertaining to the Renewables Portfolio Standard, for local publicly owned electric utilities.(b) Complaints shall follow the process set forth in section 1233.1. (1) The executive director may file a complaint against a local publicly owned electric utility for failure to meet a Renewables Portfolio Standard requirement, or any regulation, order, or decision adopted by the commission pertaining to the Renewables Portfolio Standard for local publicly owned electric utilities.(2) A complaint for the failure of a local publicly owned electric utility to meet a requirement of the Renewables Portfolio Standard, or any regulation, order, or decision adopted by the commission pertaining to the Renewables Portfolio Standard for local publicly owned electric utilities, shall include, but not be limited to, the informational requirements set forth in section 1233.1(b).(c) Any person or entity may participate in a proceeding filed under this section but shall not be entitled to intervene or otherwise become a party to the proceeding. Participation includes the ability to provide oral and written comments in the proceeding.(d) Answer (1) The local publicly owned electric utility shall file an answer within 45 days after service of the complaint. The answer shall be filed with the commission as specified in section 1208. In addition to those matters set out in section 1233.2, the answer shall include all data, reports, analyses, and any other information deemed relevant by the local publicly owned electric utility to any claims, allegations, or defenses made in the answer. The answer may also include information deemed relevant by the local publicly owned electric utility to support findings of fact regarding any mitigating or otherwise pertinent factors related to any alleged violation or to a possible monetary penalty that may be imposed if noncompliance is determined pursuant to this section. The information included regarding any mitigating or otherwise pertinent factors may describe all relevant circumstances, including, but not limited to, the following: (A) The extent to which the alleged violation has or will cause harm.(B) The nature and expected persistence of the alleged violation.(C) The history of past violations.(D) Any action taken by the local publicly owned electric utility to mitigate the alleged violation.(E) The financial burden to the local publicly owned electric utility.(2) In the event that the local publicly owned electric utility includes in the answer any confidential business information, trade secrets, or other information sought to be withheld from public disclosure, the local publicly owned electric utility shall submit such information in a separate filing, under seal, at the time the local publicly owned electric utility files the answer. The information shall be submitted to the executive director along with a complete request for confidential designation in accordance with section 2505.(e) Response (1) Commission staff may file a response to the answer no later than 15 days after receipt of the answer.(2) In the event that commission staff files a response under (e)(1), the local publicly owned electric utility may file a reply to such response no later than 10 days from receipt of such response.(f) Hearing (1) A hearing on the complaint shall be scheduled to commence no sooner than 45 days after the filing of the answer pursuant to subdivision (d) of this section.(2) A notice of hearing on the complaint shall be provided in accordance with section 1209.(3) The hearing may be scheduled before the commission, a committee designated by the commission, or a hearing officer assigned by the chair at the request of the committee as provided in section 1205.(4) If the hearing is not held before the commission, the proposed decision set out in section 1233.4(a) shall be forwarded to the commission, to the extent reasonably possible, no later than 45 days after the hearing has been concluded. If the hearing is held before the commission, to the extent reasonably possible, the commission shall publish its decision within 45 days after the hearing has been concluded.(g) The decision of the commission shall be a final decision. There is no right of reconsideration of a final decision issued under this section 1240. The decision will include all findings, including findings regarding mitigating and aggravating factors related to noncompliance. The decision may also include findings regarding mitigating and aggravating factors upon which the California Air Resources Board may rely in assessing a penalty against a local publicly owned electric utility pursuant to Public Utilities Code section 399.30, subdivisions (n) and (o). The decision may also include suggested penalties for the California Air Resources Board to consider, as appropriate. Any suggested penalties shall be comparable to penalties adopted by the California Public Utilities Commission for noncompliance with a Renewables Portfolio Standard requirement for retail sellers.(h) Referral(1) No sooner than five days after the time for filing a petition for writ of mandate in accordance with Public Resources Code section 25901 has passed, commission staff shall forward a notice of violation, based on the final decision of the commission, together with the record of proceedings, to the California Air Resources Board for determination of a penalty and to the local publicly owned electric utility. The record of proceedings shall include all filings made in the course of the proceedings, the transcripts of the hearing and any exhibits used during the course of that hearing, and any correspondence between the respondent and the commission pertaining to the proceedings.(2) If a petition for writ of mandate is filed by respondent, commission staff shall not forward the notice of violation to the California Air Resources Board until the matter is fully and finally determined. In the event a petition for writ of mandate is filed by respondent, the record of proceedings shall also include all filings made by all parties in the action and any appeals thereof.Cal. Code Regs. Tit. 20, § 1240
1. New section filed 8-28-2013; operative 10-1-2013 (Register 2013, No. 35).
2. Amendment filed 12-21-2015; operative 1-1-2016 pursuant to Government Code section 11343.4(b)(3) (Register 2015, No. 52).
3. Amendment filed 4-12-2016; operative 4-12-2016 pursuant to Government Code section 11343.4(b)(3) (Register 2016, No. 16).
4. Amendment filed 12-5-2018; operative 1-1-2019 pursuant to Government Code section 11343.4(b)(3) (Register 2018, No. 49).
5. Amendment of subsections (g) and (h)(1) filed 7-12-2021; operative 7-12-2021 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 29). Note: Authority cited: Sections 25213 and 25218(e), Public Resources Code; and Section 399.30, Public Utilities Code. Reference: Section 399.30, Public Utilities Code.
1. New section filed 8-28-2013; operative 10-1-2013 (Register 2013, No. 35).
2. Amendment filed 12-21-2015; operative 1/1/2016 pursuant to Government Code section 11343.4(b)(3) (Register 2015, No. 52).
3. Amendment filed 4-12-2016; operative 4/12/2016 pursuant to Government Code section 11343.4(b)(3) (Register 2016, No. 16).
4. Amendment filed 12-5-2018; operative 1/1/2019 pursuant to Government Code section 11343.4(b)(3) (Register 2018, No. 49).
5. Amendment of subsections (g) and (h)(1) filed 7-12-2021; operative 7-12-2021 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 29).