Removing the Safety Certificate Draft Resolution from the agenda at the last minute denies due process rights to ratepayers—because it means that TURN cannot file an appeal in the courts—because there is no decision to appeal.
If you weren’t sure if CPUC had the authority to review Safety Certificate decision—you should have told us when responding to TURN’s January 25 filing asking for review, and asking for clarification of the proper process for appealing, the decision.
You should have told us on February 25 when you issued a Draft Resolution affirming PG&E’s Safety Certificate after a thorough review. At no time between January 25 and April 14 did the CPUC question its authority to review or affirm the Wildfire Division decision.
The right to go to court to appeal a decision of a government agency is a bedrock principle of democracy. Refusing to vote on the Draft Resolution at the last minute, while refusing to identify another process for appealing the Safety Certificate decision, denies ratepayers their constitutional right to go to court to seek review of an administrative decision.
TURN calls on the CPUC do the right thing, and restore the right to due process by placing the Safety Certificate Draft Resolution on the agenda, for a vote, at the April 22 CPUC meeting.