INDEPENDENT ENERGY PRODUCERS ASSOCIATION v. BRUCE McPHERSON (Part I )
Article XII, Sec. 5 of the California Constitution--which provides in part that, "[t]he Legislature has plenary power, unlimited by the other provisions of this constitution but consistent with this article, to confer additional authority and jurisdiction upon." Public Utilities Commission--does not preclude the people, through the initiative process, from adopting statutory provision granting additional authority to PUC. Strong presumption against pre-election resolution of challenge to initiative measure is inapplicable where challenge is based on contention that measure in question is not the type of measure that may be adopted through initiative process. However, since normally such a claim will not become moot after election, when such a challenge is brought prior to an election, a court should recognize that need for an expedited pre-election resolution is less compelling than with other types of challenges and should take into consideration availability of postelection relief in deciding whether it is preferable to resolve issue before or after election.
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