Southern California Gas Co. v. City of Vernon

Good Law
1995 Cal. App. LEXIS 1236·41 Cal. App. 4th 209·48 Cal. Rptr. 2d 661·95 Daily Journal DAR 16905·95 Cal. Daily Op. Serv. 9731
Court of Appeal of CaliforniaDecember 20, 1995B077228California4,151 words

Opinion

Opinion

Klein, J.

Defendants and appellants City of Vernon (Vernon) and Victor H. Vaits, Vernon’s director of community services (Vaits) (sometimes collectively referred to as Vernon), appeal a judgment granting a petition for writ of mandate sought by plaintiff and respondent Southern California Gas Company (the Gas Company).

The essential issue presented is whether Vernon can purport to regulate the design and construction of a proposed gas pipeline, notwithstanding the California Public Utilities Commission’s (the PUC) regulatory power in this area.

Because the regulation of pipeline safety is within the exclusive jurisdiction of the PUC, and Vernon did not object to the pipeline on the limited grounds available to it under the franchise it granted the Gas Company, the judgment is affirmed.

Factual and Procedural Background

The Gas Company is a privately owned public utility subject to regulation by the PUC. The Gas Company holds a franchise to lay and use pipes and appurtenances beneath Vernon’s streets for transmitting and distributing gas. The franchise was granted in 1947 in Vernon Municipal Ordinance No. 607 and is for an indefinite term.

As part of a program to upgrade its…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.