California Court of Appeal

In a writ proceeding challenging a final decision of the PUC that decided statute of limitations and refund issues related to its previous decision that certain truck racks and storage tanks were part of a pipeline subject to its jurisdiction as a public utility, the PUC decision is confirmed where: 1) in the peculiar facts of this case, which was processed in a jurisdictional phase followed by a ratemaking and reparations phase, the PUC had the authority to bifurcate the matter into two phases and to conclude the limitations period did not run during the first phase; and 2) as to the PUC's decision to treat line fill as a capital asset valued at its original cost, petitioner has failed to clearly establish the unreasonableness of the PUC's method of valuation.

Appellate Information

• Published 2015/12/22

Judges

• KANE

Court

• California Court of Appeal

Counsel