Cal. Pub. Utils. Comm’n v. Superior Court

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Aguirre sought injunctive and declaratory relief against the California Public Utilities Commission (CPUC) for failing to comply with the Public Records Act (PRA), Government Code sections 6250-6276.48 The complaint alleged that the San Onofre Nuclear Generating Station was closed after it leaked radiation in 2012; that costs of the shutdown and loss due to the shutdown exceeded $4 billion; and that CPUC approved the owner assigning $3.3 billion of these costs to utility ratepayers during an ex parte meeting in Warsaw, Poland. Aguirre made PRA requests seeking the production of emails and other documents related to the CPUC’s investigation of the shutdown and the settlement and meetings. The superior court rejected CPUC’s motion to dismiss. The court of appeal agreed with CPUC. Public Utilities Code section 1759 bars the superior court from exercising jurisdiction over the suit. The duty to comply with the PRA is an “official duty” of the CPUC. A “writ of mandate in any court of competent jurisdiction” is one of the statutory means available to enforce the PRA (Gov. Code 6258), and a “writ of mandamus” may be brought against the CPUC in the Supreme Court or the Court of Appeal in appropriate cases under section 1759(b). View "Cal. Pub. Utils. Comm'n v. Superior Court" on Justia Law