How to Participate in a Proceeding
Rules of Practice and Procedure (RPP) provide the ways in which a person or organization can become a party to a CPUC proceeding.
If you are interested in making a difference (such as with changing utility rates or instituting new policies or programs), you may make your concerns known through two very distinct ways of participating in CPUC proceedings. The two ways are generally referred to as informal participation and formal participation. Both types allow written and oral comments. Informal comments are not considered evidence nor are they included in the formal record on which a decision is based. Participating as a formal “party” provides the most potential to impact the outcome of CPUC proceedings. However, formal participation follows a specific structure, and parties have roles and responsibilities that they must be aware of and adhere to. https://www.cpuc.ca.gov/Party_to_a_Proceeding/
Important information to know in order to become a party:
- The proceeding number (e.g. A.12-11-009 or R.12-12-011).
- Know what stage the proceeding is in. Is it just beginning or has it been going on for a while? Has a prehearing conference been held? To help make this determination, check the docket card of the proceeding.
- Be familiar with the CPUC’s Rules of Practice and Procedure, which will help you understand the formal participation process and the responsibilities of being a party.
Please note, the information provided on this page and in the links below is not a complete list of all of the responsibilities required of interested persons/parties. It is the participant’s responsibility to ensure they are complying with all of the rules necessary when it comes to participating formally before the CPUC.
You will need to choose one of the methods for becoming a party listed in Rule 1.4 (below) from the CPUC’s Rules of Practice and Procedure (RPP). The methods that are viable will depend on what stage the proceeding is in.
Rule 1.4 states a person may become a party to a proceeding by:
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Method(1) filing an application (other than an application for rehearing pursuant to Rule 16.1), petition, or complaint;
(The terms “application,” “petition,” and “complaint” refer to formal documents written and filed according to appropriate Rules in the RPP. These are filed by regulated entities and other interested persons/organizations that request CPUC approval and/or action on an issue under CPUC jurisdiction. Those interested persons that file an application, petition, or formal complaint with the CPUC automatically become parties to the proceeding. If you are looking to participate in an open proceeding, this is not a method you can use to become a party.) -
Method(2) filing a (i) protest or response to an application (other than an application for rehearing pursuant to Rule 16.1) or petition, or (ii) comments in response to a rulemaking;
(Filing a protest, response, or comments must be done so by deadlines set pursuant to Rule 2.6. These are time sensitive filings that generally need to be filed soon after an application or rulemaking has been filed. If you would like to file a protest, response, or opening comments, Public Advisor’s Office provides templates you can use to create your document. Please click here.) -
Method(3) making an oral motion to become a party at a prehearing conference or hearing
(The CPUC typically holds a prehearing conference (PHC) early in the proceeding (to discuss scope of the proceeding among other matters) and will sometimes hold a PHC before the start of another phase in the proceeding. Interested persons can request party status at the PHC.)
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Method (4) filing a motion to become a party.
(If an interested person or organization would like to become a party to a proceeding that has been going on for a while or if they do not wish to use the other methods, they have the option to file a motion for party status. The motion must address Rule 1.4.b. If you would like to file a motion for party status, Public Advisor’s Office provides templates you can use to create your documents. Please click here.)
The ALJ may, where circumstances warrant, deny party status or limit the degree to which a party may participate in a proceeding. In ruling on party status, the ALJ will balance the interests of the person seeking party status with the burden on the existing parties and the process if the person is allowed to enter the proceeding. Considerations may include but are not limited to whether the grant of party status will cause a delay in the proceeding, whether it will prejudicially protect late entrant from discovery, whether the late presentation of factual or legal contentions will prejudice existing parties, and whether there is good cause for the person’s failure to participate in a more timely fashion.
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