CPUC Mistake Sends Power Pole Case To SCOTUS
Written by 991KBU on June 4, 2019
A mistake by the lawyer working for the California Public Utilities Commission may affect utility customers here in Malibu.
San Diego gas and electric has filed a longshot request to overturn California utility law at the United States Supreme Court.
SDG and E claims that California law unconstitutionally places Electric companies responsible for all fires caused by their overhead lines.
California law says that because Utilities have the right of eminent domain … and can place the powerlines across private property … they have to bear strict liability for any and all fires.
SDG&E is on the hook for $379 million in damages from terrible wildfires that swept San Diego County in 2007.
Southern California Edison joined the legal fight late last week, filing what’s called a friend-of-the-court brief in support of SDG&E’s application to the Supreme Court.
Such appeals are usually rejected … but CPUC lawyer Christine Hammond checked a box on a form stating she represents all respondents in the case.
That was a mistake … but based on that mistake the US Supreme Court has now schedule a conference on the appeal for all the lawyers.
San Diego attorney Michael Aguirre says that mistake means that “the opportunity to have (the case) summarily dismissed in relatively short order is gone.”
Neither Hammond nor commission spokeswoman Terrie Prosper responded to questions about the mistake.
A decision on whether the high court will hear SDG&E’s case is expected later this year.
