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From and after the passage by the Legislature
<br />of laws conferring powers upon the ... Commission
<br />respecting public utilities, all powers respecting
<br />such public utilities vested in boards of super-
<br />visors, or municipal councils, or other governing
<br />bodies of the several counties, cities and counties,
<br />cities and towns, in this State, or in any commission
<br />created by law and existing at the time of the
<br />passage of such laws, shall cease so far as such
<br />powers shall conflict with the powers so conferred
<br />upon the ... Commission; ..."
<br />There is a subsequent provision regarding the
<br />enforcement of presently existing local and police sanitary
<br />and other regulations, the present meaning 1911. Thus
<br />any legislation which the State has enacted would preempt
<br />any post 1911 city attempts to regulate. the field.
<br />Additionally, the Public Utilities Code Section 761
<br />provides:
<br />"Whenever the Commission, after a hearing, finds
<br />that the rules, practices, equipment, appliances,
<br />facilities, or service of any public utility, or
<br />the methods of manufacture, distribution, trans-
<br />mission, storage, or supply employed by it, are
<br />r unjust, unreasonable, unsafe, improper, inadequate,
<br />or insufficient, the Commission shall determine and,
<br />by order or rule, fix the rules, practices, equip-
<br />ment, appliances, facilities, service, or methods
<br />to be observed, furnished, constructed, enforced,
<br />or employed. The Commission shall prescribe
<br />rules for the performance of any service or the
<br />furnishing of any commodity of the character
<br />furnished or supplied by any public utility, and,
<br />on proper demand and tender of rates, such public
<br />utilities shall furnish such commodity or render
<br />such service within the time and upon the con-
<br />ditions provided in such rules."
<br />As the letter from the Southern California Edison Company
<br />to the City indicates it appears that the Public Utility
<br />Commission has under general order number 128 entitled
<br />"Rules For Construction of Underground Electric Supply
<br />and Communication Systems" completely preempted the field.
<br />Within these rules, the PUC has made a finding that it can
<br />preempt the field and indeed has done so. The entire
<br />procedure was done after hearings. It thus appears that
<br />based upon the above quoted authority, the State through
<br />the PUC has indeed preempted the field and the City does
<br />not have the power to institute the regulations which you
<br />propose.
<br />Respec ully ubmitted,
<br />`)~ I "
<br />Seep 4 n ~"Yi _ Q 61
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