§ 3299.10
500 words·~2 min read·
/ca/public-utilities-code/3299-10A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)A large electrical corporation may seek payment from the account to satisfy settled or finally adjudicated eligible claims. Only eligible claims shall be made against or paid by the account. In accordance with the procedures established by the administrator, the administrator shall review and approve any settlement of an eligible claim as being in the reasonable business judgment of the large electrical corporation before releasing funds to the large electrical corporation for payment. To the extent approved by the administrator, a settlement shall not be subject to further review by the commission.
(1)Except as provided in paragraph (2), within six months of the commission adopting a decision for an application filed pursuant to Section 1701.8, a large electrical corporation shall reimburse the account for the full amount of costs and expenses the commission determined were disallowed pursuant to Section 1701.8.
(A)The requirement on a large electrical corporation to reimburse the account shall be the lesser amount of subparagraph
(B)or (C).
(B)The costs and expenses determined not to be just and reasonable pursuant to Section 1701.8.
(i)The amount determined pursuant to clause
(ii)minus the amount determined pursuant to clause (iii).
(ii)Twenty percent of the large electrical corporation’s total transmission and distribution equity rate base, including, but not limited to, its Federal Energy Regulatory Commission
(FERC)assets, as determined by the administrator for the calendar year in which the ignition of the covered wildfire occurred.
(iii)The sum of the amounts actually reimbursed to the account for measurement costs that were determined not to be just and reasonable pursuant to Section 1701.8 added to the amount of any reimbursements to the account owed by the large electrical corporation for measurement costs disallowed that have not yet been paid.
(iv)For purposes of this subparagraph, “measurement costs” means costs and expenses that arose out of any covered wildfire ignited within three years of the ignition of the wildfire that is the subject of the application and any measurement costs as defined in subparagraph
(C)of paragraph
(2)of subdivision
(h)of Section 3292.
(D)The administrator shall publish calculations of the amounts determined pursuant to subparagraphs
(B)and
(C)on or before January 1 of each calendar year for each large electrical corporation.
(E)Except as provided in paragraph (3), a large electrical corporation shall not be required to reimburse the account for any additional amounts for any measurement period.
(F)The limitation set forth in this section shall apply only so long as the account has not been terminated pursuant to paragraph
(2)of subdivision
(d)of Section 3298.
(3)Paragraph
(2)does not apply under either of the following circumstances:
(A)If the administrator determines that the large electrical corporation’s actions or inactions that resulted in the covered wildfire constituted conscious or willful disregard of the rights and safety of others.
(B)If the large electrical corporation failed to maintain a valid safety certification on the date of the ignition.