Utility Consumers' Action Network v. Public Utilities Commission

In this proceeding, we consider the petition for writ of review filed by the Utility Consumers’ Action Network (UCAN) challenging Public Utilities Commission of the State of California (Commission) decisions Nos. 08-12-058 and 09-07-024, which granted San Diego Gas and Electric Company’s (SDG&E) application for a certificate of public convenience and necessity (CPCN) to construct the Sunrise Powerlink Transmission Project (Sunrise). (Pub. Util. Code, §§ 1001, 1757; undesignated statutory references are to the Public Utilities Code.) UCAN does not dispute the sufficiency of the evidence to support the Commission’s findings. Instead, it argues that the Commission applied the wrong burden of proof, improperly relied on “extra-evidentiary material facts” to support its findings, and failed to assess cost-effective alternatives as required under section 1002.3. We find no merit in UCAN’s arguments and deny the petition.

FACTUAL AND PROCEDURAL BACKGROUND

We begin by reminding the parties that this original proceeding is governed by the appellate rules. (Cal. Rules of Court, rule 8.4.) California Rules of Court, rule 8.204(a)(1)(C), which applies to writ proceedings (Cal.…