Public Utilities Commission v. Energy Resources Conservation & Development Commission

Introduction

California Energy Resources Conservation and Development Commission (Energy Commission) appeals issuance by the San Francisco County Superior Court of a peremptory writ of mandate commanding the Energy Commission to cease its exercise of jurisdiction over certain electric transmission lines proposed to be built by respondent Pacific Gas and Electric Company (PG&E).

The Energy Commission contends that its jurisdiction over electric transmission lines from a powerplant extends to the point on the interconnected transmission system to which power is actually delivered. It terms this point the “actual functional point of delivery of power.” Respondents PG&E and the California Public Utilities Commission (CPUC) disagree, contending that the Energy Commission’s jurisdiction extends only to the first point of junction between the powerline emanating from the powerplant and the interconnected transmission system.

The Energy Commission is a five-member body created pursuant to the Warren-Alquist State Energy Resources Conservation and Development Act (Pub. Resources Code, §§ 25000-25968) (Warren-Alquist Act or Act). Enacted in 1974, the Warren-Alquist Act charged…