Original Version
Rule 19

19    New Rule

Strikeout and Underline Version

Rule 19

19    Cooperation with Commission Staff; Preservation of Evidence Related to Incidents Applicability of Rules

Each utility shall provide full cooperation to Commission staff in an investigation into any major accident (as defined in Rule 17) or any reportable incident (as defined in CPUC Resolution E-4184), regardless of pending litigation or other investigations, including those which may be related to a Commission staff investigation. Once the scene of the incident has been made safe and service has been restored, each utility shall provide Commission staff upon request immediate access to:

•    Any factual orphysical evidence under the utility or utility agent’s physical control, custody, or possession related to the incident;

•    The name andcontact information of any known percipient witness;

•    Any employee percipient witness under the utility’s control;

•    The name andcontact information of any person or entity that has taken possession of anyphysical evidence removed from the site of the incident;

•    Any and alldocuments under the utility’s control that are related to the incident and arenot subject to the attorney-client privilege or attorney work product doctrine.

Any and all documents or evidence collected as part of the utility’s own investigation related to the incident shall be preserved for at least five years. The Commission’s statutory authorization under Cal. Pub. Util. Code §§ 313, 314, 314.5, 315, 581, 582, 584, 701, 702, 771, 1794, 1795, 8037 and 8056 to obtain information from utilities, which relate to the incidents described above, is delegated to Commission staff.

Final Version

Rule 19

19    Cooperation with Commission Staff; Preservation of Evidence Related to Incidents Applicability of Rules

Each utility shall provide full cooperation to Commission staff in an investigation into any major accident (as defined in Rule 17) or any reportable incident (as defined in CPUC Resolution E-4184), regardless of pending litigation or other investigations, including those which may be related to a Commission staff investigation. Once the scene of the incident has been made safe and service has been restored, each utility shall provide Commission staff upon request immediate access to:

•    Any factual orphysical evidence under the utility or utility agent’s physical control, custody, or possession related to the incident;

•    The name andcontact information of any known percipient witness;

•    Any employee percipient witness under the utility’s control;

•    The name andcontact information of any person or entity that has taken possession of anyphysical evidence removed from the site of the incident;

•    Any and alldocuments under the utility’s control that are related to the incident and arenot subject to the attorney-client privilege or attorney work product doctrine.

Any and all documents or evidence collected as part of the utility’s own investigation related to the incident shall be preserved for at least five years. The Commission’s statutory authorization under Cal. Pub. Util. Code §§ 313, 314, 314.5, 315, 581, 582, 584, 701, 702, 771, 1794, 1795, 8037 and 8056 to obtain information from utilities, which relate to the incidents described above, is delegated to Commission staff.