T 415.392.7900
F 415.398.4321
505 Sansome Street
Suite 900
San Francisco, CA 94111
23. County of Inyo,
26 Cal. 3d 154 (1980), 604 P.2d 566.
In a lengthy opinion examining the constitutional and statutory underpinnings of the Commission’s jurisdiction, the Court affirmed a Commission order dismissing petitioner’s complaint seeking Commission review of rates assessed by the Los Angeles Department of Water & Power. The Court held that that while Article XII, Section 5, of the California Constitution authorized the Legislature to provide the Commission with jurisdiction over municipalities providing water service outside their boundaries, the Legislature had never enacted a statute so providing23. See PG&E (Para. 10) and Hillsboro Properties, 108 Cal. App. 4th 246 (2003) for examples of legislative exercise of authority under Article XII Section 5 (the former by implication while the latter by express direction.) See also Independent Energy Producers v. McPherson, 38 Cal. 4th 1020 (2006) in which the California Supreme Court held that references in the California Constitution to the authority of the Legislature to enact specified legislation also embrace the reserved right of the people to legislate through the initiative power; the Court held that a reference to the Legislature’s plenary power in Cal. Const., Art. XII, § 5, does not preclude the people, through their exercise of the initiative process, from conferring additional powers or authority upon the Commission.
Abridged Summary
Links Re: Selected Cases:
- Util. Consumers’ Action Net.
- The Util. Reform Net.
- S. California Edison
- Pacific Bell Wireless
- S. California Edison
- Santa Clara v.. Trans. Au.
- S. California Edison (CEERT)
- Util. Consumers’ Action Net.
- City of St. Helena
- PG&E Corp.
- S. California Edison
- North Shuttle
- Assembly of CA
- Camp Meeker Water Syst.
- Napa Valley Wine Train
- S. California Gas Company
- Toward Utili. Rate Norm.
- City & County of SF
- S. California Gas Co.,Pac. Tel. & Tele. Co. & PG&E
- Gen. Tel. Co. of CA
- K. Cory, State Controller
- U.S. Steel Corporation
- County of Inyo
- “CLAM,” Towards Util.Rate Normalization

