PegaStaff

Filed 4/29/

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION TWO

PEGASTAFF,

Plaintiff and Appellant,

A139732

v. CALIFORNIA PUBLIC UTILITIES (San Francisco City and County COMMISSION, Super. Ct. No. CGC-09-492995) Defendant and Respondent.

PegaStaff is an agency that provides temporary staffing for its clients. A large part of PegaStaff’s business was the provision of staffing to Pacific Gas & Electric (PG&E), through a staffing agency with which PG&E directly contracted, initially Corestaff Services, LP (Corestaff) and later Agile 1. The California Public Utilities Commission (CPUC) adopted General Order 156 to implement Public Utilities Code1 sections 8281 through 8286 (Article 5),2 the purpose of which is to encourage and develop the use of women, minority and disabled veteran- owned business enterprises (WMDVBEs) within the public utility sector. PegaStaff is not a WMDVBE and after PG&E adopted a program to increase the utilization of WMDVBEs, its provision of staff to PG&E was substantially reduced.

1 Unless otherwise indicated, further…