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A pair of California utility customers will urge a federal appeals court on Monday to reverse a lower court dismissal of their claims that a utility bill surcharge to pay for future electric utility-caused wildfire victims is unlawful.
A three-judge panel of the 9th U.S. Circuit Court of Appeals will hear oral arguments in a challenge by California residents Alex Cannara and Gene Nelson who say that a San Francisco district judge mistakenly held that he lacks jurisdiction to review their claims that the state violated their constitutional rights by setting up a fund that requires ratepayers to underwrite a $10.5 billion liquidity fund. Utilities contributions and a state loan to start up the fund, meanwhile, total $9.8 billion.