Orange County Air Pollution Control District v. Public Utilities Commission

We are presented in this case with an issue of some importance to urban California: Whether the authority conferred upon the Public Utilities Commission to grant permission to construct and operate privately owned electric generating units supersedes, in cases of conflict, the authority conferred upon an air pollution control district to condition construction of such units upon compliance with district emission controls.

We conclude that neither the commission nor the district has exclusive or paramount authority. Subject to judicial review provided by law, a utility must comply with the rules and regulations of both the commission and the district.

Both the commission and the various districts have jurisdiction over the construction of electric generating units. This jurisdiction is set forth in the statutory schemes governing each agency.

The commission has historically been the agency charged by the Legislature with regulation of privately owned public utilities. Some of the commission’s powers are derived by direct grant from the Constitution (art. XII, 2d par. of § 22); others may be conferred by the Legislature, which is given plenary power to confer additional…