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PACIFIC GAS & ELEC. v. P.U.C.

No. A089556.

102 Cal.Rptr.2d 20 (2000)

85 Cal.App.4th 86

PACIFIC GAS AND ELECTRIC COMPANY, Petitioner, v. PUBLIC UTILITIES COMMISSION, Respondent; Independent Energy Producers Association et al., Real Parties in Interest.

Court of Appeals of California, First District, Division Three.

November 30, 2000.

Attorney(s) appearing for the Case

Roger J. Peters, Christopher J. Warner, Andrew L. Niven, Ann H. Kim, San Francisco, Horvitz & Levy, Ellis J. Horvitz, Calabasas, Counsel for petitioner PG & E.

Peter Arth, Mary F. McKenzie, Helen W. Yee, San Francisco, Counsel for respondent PUC.

Ellison & Schneider, Douglas K. Kerner, Sacramento, Counsel for real parties in interest Independent Energy Producers Association, California Manufacturers Association, The Utility Reform Network.

WALKER, J.

Public Utilities Code section 453, subdivision (d), provides: "No public utility shall include with any bill for services or commodities furnished any customer or subscriber any advertising or literature designed or intended (1) to promote the passage or defeat of a measure appearing on the ballot at any election whether local, statewide, or national, (2) to promote or defeat any candidate for nomination...

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