Ruling by
Victor A. RodriguezLower Court
Public Utilities CommissionThe Public Utilities Commission's successor tariff to Public Utilities Code Section 2827.1 bore a reasonable relationship to the statutory purposes and language of the Section.
Court
California Courts of Appeal 1DCA/3Cite as
2024 DJDAR 468Published
Jan. 17, 2024Filing Date
Jan. 16, 2024Opinion Type
ModificationDisposition Type
AffirmedOral Argument
Dec. 13, 2023CENTER FOR BIOLOGICAL DIVERSITY, INC. et al.,
Petitioners,
v.
PUBLIC UTILITIES COMMISSION,
Respondent;
PACIFIC GAS AND ELECTRIC COMPANY et al.,
Real Parties in Interest.
No. A167721
(Cal.P.U.C. Dec. No. 22-12-056)
California Court of Appeal
First Appellate District
Division Three
Filed January 16, 2024
ORDER MODIFYING OPINION AND DENYING REHEARING [NO CHANGE IN JUDGMENT]
Shute, Mihaly & Weinberger, Ellison Folk and Aaron M. Stanton for Petitioners Protect our Communities Foundation and Environmental Working Group.
Roger Lin, Anchun Jean Su and Howard Crystal for Petitioner Center for Biological Diversity, Inc.
Law Offices of Richard K. Bauman and Richard K. Bauman for Albion Power Company, as Amicus Curiae on behalf of Petitioner Protect our Communities Foundation.
Christine Jun Hammond and Edward Moldavsky for Respondent.
Munger, Tolles & Olson, Henry Weissmann and Andra Lim for Real Parties in Interest Pacific Gas and Electric Company, San Diego Gas & Electric Company, and Southern California Edison Company.
Pacific Gas and Electric Company Law Department and Ashley E. Merlo for Real Party in Interest Pacific Gas and Electric Company.
San Diego Gas & Electric Company and E. Gregory Barnes for Real Party in Interest San Diego Gas & Electric Company.
Southern California Edison Company and Rebecca Meiers-De Pastino for Real Party in Interest Southern California Edison Company.
THE COURT:
The published opinion, filed on December 20, 2023, and modified December 21, 2023, is ordered further modified as follows:
The first two sentences of the second paragraph on page 18 are deleted and replaced with the following sentence:
Petitioners take issue with the Decision's discussion of the extent to which the adoption of distributed energy shifts utility costs to nonowners.
This modification effects no change in the judgment.
The petition for rehearing and request for judicial notice are denied.
Dated: 1/15/2024
Tucher, P. J., P. J.
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