reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart A - General Provisions › Chapter 5 - FORMAL PROCEEDINGS › Subchapter A - PLEADINGS AND OTHER PRELIMINARY MATTERS › ANSWERS › Section 5.65 - Answers to amendments of pleadings

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Except as provided under §
												5.101 (referring to preliminary
						objections), an answer to an amendment, modification or supplement to an
						application, complaint, petition or other pleading set forth under §
												5.91 (referring to amendments of
						pleadings generally) shall be filed with the Commission within 20 days after
						the date of service of the amendment, modification or supplement, unless for
						cause the Commission or presiding officer with or without motion prescribes a
						different time.
(b) Subsection (a)
						supersedes 1 Pa. Code §
												35.40 (relating to answers to
						amendments of pleadings).
The provisions of this §
														5.65 amended under the Public
							 Utility Code,
							 66 Pa.C.S. §
															§
															501,
							 504-506,
							 1301 and
							 1501.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart A - General Provisions › Chapter 5 - FORMAL PROCEEDINGS › Subchapter A - PLEADINGS AND OTHER PRELIMINARY MATTERS › ANSWERS › Section 5.66 - Answers to petitions to intervene

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A party may file an answer to a petition
						to intervene within 20 days of service, and in default thereof, may be deemed
						to have waived objection to the granting of the petition. Answers shall be
						served upon all other parties.
(b)
						Subsection (a) supersedes 1 Pa. Code §
												35.36 (relating to answers to
						petitions to intervene).
The provisions of this §
														5.66 amended under the Public
							 Utility Code,
							 66 Pa.C.S. §
															§
															501,
							 504-506,
							 1301 and
							 1501.
This section cited in 52 Pa. Code §
														5.75 (relating to notice, service
							 and action on petitions to
							 intervene).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart A - General Provisions › Chapter 5 - FORMAL PROCEEDINGS › Subchapter A - PLEADINGS AND OTHER PRELIMINARY MATTERS › INTERVENTION › Section 5.71 - Initiation of intervention

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						Participation in a proceeding as an intervenor may be initiated as follows:
(1) By the filing of a notice of intervention
						by another agency of the Commonwealth which is authorized by statute to
						participate in the proceeding.
(2)
						By order of the presiding officer or the Commission upon grant of a petition to
						intervene.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart A - General Provisions › Chapter 5 - FORMAL PROCEEDINGS › Subchapter A - PLEADINGS AND OTHER PRELIMINARY MATTERS › INTERVENTION › Section 5.72 - Eligibility to intervene

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Persons
. A petition to intervene may be filed by a person
						claiming a right to intervene or an interest of such nature that intervention
						is necessary or appropriate to the administration of the statute under which
						the proceeding is brought. The right or interest may be one of the following:
(1) A right conferred by statute of the
						United States or of the Commonwealth.
(2) An interest which may be directly
						affected and which is not adequately represented by existing participants, and
						as to which the petitioner may be bound by the action of the Commission in the
						proceeding.
(3) Another interest of
						such nature that participation of the petitioner may be in the public
						interest.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart A - General Provisions › Chapter 5 - FORMAL PROCEEDINGS › Subchapter A - PLEADINGS AND OTHER PRELIMINARY MATTERS › INTERVENTION › Section 5.73 - Form and content of petitions to intervene

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Petitions to intervene must set out
						clearly and concisely the following:
(1) The
						facts from which the alleged intervention right or interest of the petitioner
						can be determined.
(2) The grounds
						of the proposed intervention.
(3)
						The petitioner's position regarding the issues in the
						proceeding.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart A - General Provisions › Chapter 5 - FORMAL PROCEEDINGS › Subchapter A - PLEADINGS AND OTHER PRELIMINARY MATTERS › INTERVENTION › Section 5.74 - Filing of petitions to intervene

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Petitions to intervene may be filed
						following the filing of an application, petition, complaint or other document
						seeking Commission action.
(b)
						Petitions to intervene shall be filed:
(1) No
						later than the date fixed for the filing of responsive pleadings in an order or
						notice with respect to the proceedings but not less than the notice and protest
						period established under §
													§
													5.14 and
						5.53 (relating to applications
						requiring notice; and time of filing) absent good cause shown.
(2) No later than the date fixed for filing
						protests as published in the
Pennsylvania Bulletin
except for
						good cause shown.
(3) In accordance
						with §
													5.53 if no deadline is set in an
						order or notice with respect to the proceedings.
(4) A statutory advocate may exercise a right
						of participation or file a notice of intervention consistent with law at any
						time in a proceeding. A statutory advocate exercising a right of participation
						or filing a notice of intervention following expiration of any protest or
						intervention period shall take the record as developed unless determined
						otherwise in exceptional circumstances for good cause
						shown.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart A - General Provisions › Chapter 5 - FORMAL PROCEEDINGS › Subchapter A - PLEADINGS AND OTHER PRELIMINARY MATTERS › INTERVENTION › Section 5.75 - Notice, service and action on petitions to intervene

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Notice and service
.
						Petitions to intervene, when tendered to the Commission for filing, must show
						service thereof upon all parties to the proceeding in conformity with §
												1.54 (relating to service by a
						party).
(b)
Action on
						petitions
. As soon as practicable after the expiration of the time for
						filing answers to petitions as provided in §
												5.66 (relating to answers to
						petitions to intervene), the Commission or presiding officer will grant or deny
						the petition in whole or in part or may, if found to be appropriate, authorize
						limited participation.
(c)
Rights upon grant of petition
. Admission as an intervenor will
						not be construed as recognition by the Commission that the intervenor has a
						direct interest in the proceeding or might be aggrieved by an order of the
						Commission in the proceeding. Intervenors are granted no rights which survive
						discontinuance of a case.
(d)
Actions on petitions filed after a hearing has commenced
.
						Except with regard to statutory advocates under §
												5.74(b)(4)
						(relating to filing of petitions to intervene), petitions to intervene may be
						filed or will be acted upon during a hearing unless prohibited by the
						Commission or presiding officer after opportunity for all parties to
						object.
(e)
Supersession
. Subsections (a)-(d) supersede 1 Pa. Code §
												35.31 (relating to notice and
						action on petitions to intervene).
The provisions of this §
														5.75 amended under the Public
							 Utility Code,
							 66 Pa.C.S. §
															§
															501,
							 504-506,
							 1301 and
							 1501.
This section cited in 52 Pa. Code §
														1.8 (relating to definitions); 52
							 Pa. Code §
														5.41 (relating to petitions
							 generally); and 52 Pa. Code §
														5.243 (relating to presentation by
							 participants).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart A - General Provisions › Chapter 5 - FORMAL PROCEEDINGS › Subchapter A - PLEADINGS AND OTHER PRELIMINARY MATTERS › INTERVENTION › Section 5.76 - Limitation of participation in hearings

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Where there are two or more intervenors
						having substantially like interests and positions, the Commission or presiding
						officer may, in order to expedite the hearing, arrange appropriate limitations
						on the number of attorneys who will be permitted to cross-examine and make and
						argue motions and objections on behalf of the intervenors.
(b) Subsection (a) is identical to 1 Pa. Code
						§
												35.32 (relating to limitation of
						participation in hearings).
This section cited in 52 Pa. Code §
														1.8 (relating to definitions); 52
							 Pa. Code §
														5.41 (relating to petitions
							 generally); and 52 Pa. Code §
														5.243 (relating to presentation by
							 participants).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart A - General Provisions › Chapter 5 - FORMAL PROCEEDINGS › Subchapter A - PLEADINGS AND OTHER PRELIMINARY MATTERS › CONSOLIDATION › Section 5.81 - Consolidation

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Commission
						or presiding officer, with or without motion, may order proceedings involving a
						common question of law or fact to be consolidated. The Commission or presiding
						officer may make orders concerning the conduct of the proceeding as may avoid
						unnecessary costs or delay.
(b)
						Subsection (a) is identical to 1 Pa. Code §
												§
												35.45 and
						35.122 (relating to consolidation;
						and consolidation of formal proceedings).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart A - General Provisions › Chapter 5 - FORMAL PROCEEDINGS › Subchapter A - PLEADINGS AND OTHER PRELIMINARY MATTERS › AMENDMENT AND WITHDRAWAL OF PLEADINGS › Section 5.91 - Amendments of pleadings generally

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Generally
. A modification of or supplement to an application,
						complaint, petition or other pleading shall be deemed as an amendment to the
						pleading, and must comply with the requirements of this subchapter relating to
						the pleading amended.
(b)
Amendments in response to preliminary objections
. A party may
						file an amended pleading as of course within 20 days after service of a copy of
						a preliminary objection filed under §
												5.101 (referring to preliminary
						objections). If a party has filed an amended pleading as of course, the
						preliminary objections to the original pleading shall be deemed moot.
(c)
Limitation
. Except as
						otherwise provided in this subchapter, no amendment to a pleading may be filed
						within 5 days preceding the commencement of or during a hearing unless directed
						or permitted by the Commission or the presiding officer after opportunity for
						all parties to be heard thereon.
(d)
Exception in rate cases
.
						This section does not apply to an increase in the aggregate amount of a general
						rate increase request.
(e)
						Subsections (a)-(d) supersede 1 Pa. Code §
												35.48 (relating to amendments of
						pleadings generally).
The provisions of this §
														5.91 amended under the Public
							 Utility Code,
							 66 Pa.C.S. §
															§
															501,
							 504-506,
							 1301 and
							 1501.
This section cited in 52 Pa. Code §
														5.65 (relating to answers to
							 amendments of pleadings); and 52 Pa. Code §
														5.101 (relating to preliminary
							 objections).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart A - General Provisions › Chapter 5 - FORMAL PROCEEDINGS › Subchapter A - PLEADINGS AND OTHER PRELIMINARY MATTERS › AMENDMENT AND WITHDRAWAL OF PLEADINGS › Section 5.92 - Amendments to conform to the evidence

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Amendment by consent
.
						When the parties introduce issues at a hearing not raised by the pleadings
						whether by express or implied consent of the parties, the issues shall be
						treated in all respects as if they had been raised in the pleadings.
(b)
Amendments by motion
.
						Amendments of the pleadings as may be necessary to cause them to conform to the
						evidence and to raise new issues may be made upon motion of a party at any time
						during the hearing as set forth in §
												5.102 (relating to motions for
						summary judgment and judgment on the pleadings).
(c)
Amendment following
						objection
. If evidence upon new issues is objected to on the ground
						that it is not within the issues raised by the pleadings, the Commission or the
						presiding officer may allow the pleadings to be amended and the evidence to be
						received, when it appears that the presentation of the merits of the
						proceedings will be served thereby without prejudicing the public interest or
						the rights of a party.
(d)
Continuance following objection
. A continuance may be granted
						by the Commission or the presiding officer under §
												1.15 (relating to extensions of
						time and continuances) when necessary to allow the objecting party to address
						new issues and evidence.
(e)
Notice of amendment
. If an amendment adopted under this
						section has the effect of broadening the issues in the proceeding, notice of
						the amendment shall be given in the same manner as notice was given at the
						commencement of the proceeding and to the same persons who received the
						notice.
(f)
Supersession
. Subsections (a)-(e) supersede 1 Pa. Code §
												35.49 (relating to amendments to
						conform to the evidence).
The provisions of this §
														5.92 amended under the Public
							 Utility Code,
							 66 Pa.C.S. §
															§
															501,
							 504-506,
							 1301 and
							 1501.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart A - General Provisions › Chapter 5 - FORMAL PROCEEDINGS › Subchapter A - PLEADINGS AND OTHER PRELIMINARY MATTERS › AMENDMENT AND WITHDRAWAL OF PLEADINGS › Section 5.93 - Directed amendments

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
						Commission may at any time, or during a hearing, presiding officers may on
						their own motion or the motion of a party, direct parties to state their case
						by way of amendment more fully or in more detail. The amendment shall be
						reduced to writing and filed within the time fixed by the Commission or the
						presiding officer.
(b) Subsection
						(a) is identical to 1 Pa. Code §
												35.50 (relating to directed
						amendments).
The provisions of this §
														5.93 amended under the Public
							 Utility Code,
							 66 Pa.C.S. §
															§
															501,
							 504-506,
							 1301 and
							 1501.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart A - General Provisions › Chapter 5 - FORMAL PROCEEDINGS › Subchapter A - PLEADINGS AND OTHER PRELIMINARY MATTERS › AMENDMENT AND WITHDRAWAL OF PLEADINGS › Section 5.94 - Withdrawal of pleadings in a contested proceeding

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Except as provided in subsection (b), a
						party desiring to withdraw a pleading in a contested proceeding may file a
						petition for leave to withdraw the appropriate document with the Commission and
						serve it upon the other parties. The petition must set forth the reasons for
						the withdrawal. A party may object to the petition within 10 days of service.
						After considering the petition, an objection thereto and the public interest,
						the presiding officer or the Commission will determine whether the withdrawal
						will be permitted.
(b) A protest to
						an application may be withdrawn by filing a notice of withdrawal directed to
						the Commission or the presiding officer. The notice must state that the protest
						is withdrawn and provide the reasons for the withdrawal.
(c) Withdrawal or termination of an
						uncontested proceeding is governed by §
												1.82 (relating to withdrawal or
						termination).
(d) Subsections
						(a)-(c) supersede 1 Pa. Code §
												35.51 (relating to withdrawal of
						pleadings).
The provisions of this §
														5.94 amended under the Public
							 Utility Code,
							 66 Pa.C.S. §
															§
															309-311,
							 315,
							 331-335,
							 501,
							 504-506,
							 523,
							 701-703,
							 1101-1103,
							 1301,
							 1501 and
							 1504.
This section cited in 52 Pa. Code §
														1.82 (relating to withdrawal or
							 termination); 52 Pa. Code §
														121.4 (relating to filing and
							 Commission review procedures); and 52 Pa. Code §
														121.7 (relating to periodic review
							 of an LTIIP).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart A - General Provisions › Chapter 5 - FORMAL PROCEEDINGS › Subchapter A - PLEADINGS AND OTHER PRELIMINARY MATTERS › PRELIMINARY OBJECTIONS › Section 5.101 - Preliminary objections

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Grounds
. Preliminary objections are available to parties and
						may be filed in response to a pleading except motions and prior preliminary
						objections. Preliminary objections must be accompanied by a notice to plead,
						must state specifically the legal and factual grounds relied upon and be
						limited to the following:
(1) Lack of
						Commission jurisdiction or improper service of the pleading initiating the
						proceeding.
(2) Failure of a
						pleading to conform to this chapter or the inclusion of scandalous or
						impertinent matter.
(3)
						Insufficient specificity of a pleading.
(4) Legal insufficiency of a
						pleading.
(5) Lack of capacity to
						sue, nonjoinder of a necessary party or misjoinder of a cause of
						action.
(6) Pendency of a prior
						proceeding or agreement for alternative dispute resolution.
(7) Standing of a party to participate in the
						proceeding.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart A - General Provisions › Chapter 5 - FORMAL PROCEEDINGS › Subchapter A - PLEADINGS AND OTHER PRELIMINARY MATTERS › PRELIMINARY OBJECTIONS › Section 5.102 - Motions for summary judgment and judgment on the pleadings

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Generally
. After the pleadings are closed, but within a time
						so that the hearing is not delayed, a party may move for judgment on the
						pleadings or summary judgment. A motion must contain a notice which states that
						an answer or other responsive pleading shall be filed within 20 days of service
						of the motion.
(b)
Answers
. An answer to a motion for judgment on the pleadings
						or summary judgment, including an opposing affidavit or verification to a
						motion for summary judgment, may be filed within 20 days of the date of service
						of the motion. The answer to a motion for summary judgment may be supplemented
						by depositions, answers to interrogatories or further affidavits and
						admissions.
(c)
Motion for
						summary judgment
. A motion for summary judgment must be based on the
						pleadings and depositions, answers to interrogatories, admissions and
						supporting affidavits. Documents not already filed with the Commission shall be
						filed with the motion.
(d)
Decisions on motions
.
(1)
Standard for grant or denial on all counts
. The presiding
						officer will grant or deny a motion for judgment on the pleadings or a motion
						for summary judgment, as appropriate. The judgment sought will be rendered if
						the applicable pleadings, depositions, answers to interrogatories and
						admissions, together with affidavits, if any, show that there is no genuine
						issue as to a material fact and that the moving party is entitled to a judgment
						as a matter of law.
(2)
Standard for grant or denial in part
. The presiding officer
						may grant a partial summary judgment if the pleadings, depositions, answers to
						interrogatories and admissions, together with affidavits, if any, show that
						there is no genuine issue as to a material fact and that the moving party is
						entitled to a judgment as a matter of law on one or more but not all
						outstanding issues.
(3)
Form of decision
. The presiding officer will grant, in whole
						or in part, the motion in the form of an initial or recommended decision which
						shall be subject to exceptions as set forth in §
													5.533 (relating to exceptions).
						Denial of a motion will be in the form of a written order.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart A - General Provisions › Chapter 5 - FORMAL PROCEEDINGS › Subchapter A - PLEADINGS AND OTHER PRELIMINARY MATTERS › PRELIMINARY OBJECTIONS › Section 5.103 - Motions

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Scope
						and content
. A request may be made by motion for relief desired,
						except as may be otherwise expressly provided in this chapter and Chapters 1
						and 3 (relating to rules of administrative practice and procedure; and special
						provisions). A motion must set forth the ruling or relief sought, and state the
						grounds therefor and the statutory or other authority upon which it
						relies.
(b)
Presentation of
						motions
. A motion may be made in writing at any time, and a motion
						made during a hearing may be stated orally upon the record, or the presiding
						officer may require that an oral motion be reduced to writing and filed
						separately. Written motions must contain a notice which states that a
						responsive pleading shall be filed within 20 days of the date of service of the
						motion.
(c)
Response to
						motions
. A party has 20 days from the date of service within which to
						answer or object to a motion, unless the period of time is otherwise fixed by
						the Commission or the presiding officer.
(d)
Rulings on motions
.
(1) The presiding officer is authorized to
						rule and will rule upon motions:
(i) Not
						formerly acted upon by the Commission prior to the commencement of the hearing
						where an immediate ruling is essential in order to proceed with the
						hearing.
(ii) Filed or made after
						the commencement of the hearing and prior to the submission of a decision in
						the proceeding.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart A - General Provisions › Chapter 5 - FORMAL PROCEEDINGS › Subchapter B - HEARINGS › GENERAL › Section 5.201 - Notice of proceeding; hearing; waiver of hearing

Current through Register Vol. 54, No. 28, July 13, 2024
(a) When notice and hearing are required
						under the act, publication in the
Pennsylvania Bulletin
of a
						notice of application or other initial pleading is sufficient to provide notice
						of the proceeding. Service on interested persons is also sufficient to provide
						notice. The notice must fix a reasonable period of time, but not less than 15
						days, within which a person desiring to be heard may file a petition to
						intervene, a protest, complaint or other appropriate pleading. Hearings will be
						held upon the filing of the pleading, unless waived by the parties.
(b) If the appropriate pleading is not filed
						within the set period of time, or when the parties have waived hearings, the
						Commission may dispose of the matter without a hearing upon the basis of the
						pleadings or submittals and the studies and recommendations of the
						staff.
(c) Subsections (a) and (b)
						supersede 1 Pa. Code §
												§
												35.101,
						35.103 and
						35.121 (relating to waiver of
						hearing; preliminary notice to Department of Justice; and initiation of
						hearings).
The provisions of this §
														5.201 amended under the Public
							 Utility Code,
							 66 Pa.C.S. §
															§
															501,
							 504-506,
							 1301 and
							 1501.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart A - General Provisions › Chapter 5 - FORMAL PROCEEDINGS › Subchapter B - HEARINGS › GENERAL › Section 5.202 - Scheduling of hearing

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
						Commission will schedule hearings other than those involving the lawfulness of
						rates and will maintain a hearing calendar of all proceedings set for
						hearing.
(b) Proceedings pending on
						the calendar will be heard so far as practicable, in their order of assignment
						to the calendar at the times and places fixed by the Commission or presiding
						officer, giving regard to the convenience and necessity of the parties and
						their attorneys.
(c) The Commission
						or the presiding officer in the exercise of discretion, for cause, may advance
						or postpone proceedings on the hearing calendar with notice to the
						parties.
(d) Subsections (a)-(c)
						supersede 1 Pa. Code §
												35.102 (relating to hearing
						calendar).
The provisions of this §
														5.202 amended under the Public
							 Utility Code,
							 66 Pa.C.S. §
															§
															501,
							 504-506,
							 1301 and
							 1501.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart A - General Provisions › Chapter 5 - FORMAL PROCEEDINGS › Subchapter B - HEARINGS › GENERAL › Section 5.203 - Hearing in rate proceedings

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Hearing
						dates in rate proceedings will be fixed by the presiding officer.
(b) The presiding officer will be guided by
						the requirement of section 315 of the act (relating to burden of proof) that
						rate cases are to be given preference over all other proceedings, and are to be
						decided as speedily as possible.
(c) The presiding officer may continue a
						scheduled hearing upon his own motion or upon the request of a party for good
						cause shown. Mere convenience or other engagements of counsel will not
						ordinarily constitute grounds for continuance.
(d) Subsections (a)-(c) supersede 1 Pa. Code
						§
												§
												35.121 and
						35.123 (relating to initiation of
						hearings; and conduct of hearings).
The provisions of this §
														5.203 amended under the Public
							 Utility Code,
							 66 Pa.C.S. §
															§
															501,
							 504-506,
							 1301 and
							 1501.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart A - General Provisions › Chapter 5 - FORMAL PROCEEDINGS › Subchapter B - HEARINGS › NOTICE OF HEARING › Section 5.211 - Notice of rulemaking proceedings

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Before the adoption of a regulation, the
						Commission will publish a general notice as provided in 1 Pa. Code Chapter 7
						(relating to procedure for adoption or change of regulations).
(b) The order or notice will recite the
						statutory or other authority under which the regulation is proposed to be
						adopted, and include either the terms of the proposed regulation, or a
						description of the subjects and issues involved to inform interested persons of
						the nature of the proceeding, to permit interested persons to submit comments
						relative thereto within the time period required by the act.
(c) The Commission may, upon petition by a
						person having an interest in the proposed regulations, hold public hearings on
						the proposed regulations. The petition for hearing shall be in the form set
						forth in §
												5.41 (relating to petitions
						generally), shall be filed concurrently with the comments and state the reasons
						for having a hearing and the person's interest in the proposed
						regulations.
(d) Subsections
						(a)-(c) supersede 1 Pa. Code §
												35.104 (relating to notice of
						rulemaking proceedings).
The provisions of this §
														5.211 amended under the Public
							 Utility Code,
							 66 Pa.C.S. §
															§
															309-311,
							 315,
							 331-335,
							 501,
							 701-703 and
							 1101-1103.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart A - General Provisions › Chapter 5 - FORMAL PROCEEDINGS › Subchapter B - HEARINGS › NOTICE OF HEARING › Section 5.212 - Notice of nonrulemaking proceedings

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The presiding officer, the Office of
						Administrative Law Judge or the Commission is authorized to schedule prehearing
						conferences and hearings. Parties shall be given reasonable notice of the time
						and place of the prehearing conference or hearing. In fixing the time and place
						of conferences and hearings, regard will be given to the convenience and
						necessity of the parties or their attorneys so far as time and the proper
						execution of the functions of the Commission permit.
(b) A protestant in a motor carrier case
						shall attend the initial hearing or prehearing conference, if one has been
						scheduled. Failure to attend may result in the dismissal of the protest by the
						Commission or presiding officer.
(c) Subsection (a) supersedes 1 Pa. Code
						§
												§
												35.105 and
						35.106 (relating to notice of
						nonrulemaking proceedings; and contents of notice of nonrulemaking
						proceedings).
The provisions of this §
														5.212 amended under the Public
							 Utility Code,
							 66 Pa.C.S. §
															§
															309-311,
							 315,
							 331-335,
							 501,
							 504-506,
							 701-703,
							 1101-1103,
							 1301 and
							 1501.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart A - General Provisions › Chapter 5 - FORMAL PROCEEDINGS › Subchapter B - HEARINGS › PREHEARING AND OTHER CONFERENCES › Section 5.221 - Conferences to adjust, settle or expedite proceedings

Current through Register Vol. 54, No. 28, July 13, 2024
(a) To provide opportunity for the submission
						and consideration of facts, arguments, offers of settlement or proposals of
						adjustment, for settlement of a proceeding, or the issues therein, or
						consideration of means by which the conduct of the hearing may be facilitated
						and the disposition of the proceeding expedited, conferences between the
						parties may be held at any time prior to or during hearings as time, the nature
						of the proceeding, and the public interest permit.
(b) Subsection (a) is identical to 1 Pa. Code
						§
												35.111 (relating to conferences to
						adjust, settle or expedite proceedings).
The provisions of this §
														5.221 amended under the Public
							 Utility Code,
							 66 Pa.C.S. §
															§
															501,
							 504-506,
							 1301 and
							 1501.
This section cited in 52 Pa. Code §
														5.224 (relating to prehearing
							 conference in rate proceedings); and 52 Pa. Code §
														5.234 (relating to presentation
							 and effect of stipulations).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart A - General Provisions › Chapter 5 - FORMAL PROCEEDINGS › Subchapter B - HEARINGS › PREHEARING AND OTHER CONFERENCES › Section 5.222 - Initiation of prehearing conferences in nonrate proceedings

Current through Register Vol. 54, No. 28, July 13, 2024
(a) To make possible a more effective use of
						hearing time in formal proceedings, other than rate proceedings which are
						governed by §
												5.224 (relating to prehearing
						conference in rate proceedings), to otherwise expedite the orderly conduct and
						disposition of the proceedings and to serve the ends of justice and the public
						interest, it is the policy of the Commission to arrange for conferences between
						parties to the proceedings prior to the commencement of hearings.
(b) The Commission, or the presiding officer
						may direct that a prehearing conference be held, and direct the parties to the
						proceeding to appear to consider the matters enumerated in subsection (c).
						Notice of the time and place of the conference shall be given to all parties to
						the proceeding. The conferences may be conducted telephonically.
(c) The following matters shall be considered
						at prehearing conference:
(1) The
						possibilities for settlement of the proceeding, subject to the approval of the
						Commission.
(2) The amount of
						hearing time which will be required to dispose of the proceeding and the
						establishment of a schedule of hearing dates.
(3) Arrangements for the submission of direct
						testimony of witnesses in writing in advance of hearing to the extent
						practicable, and for the submission in advance of hearing or written requests
						for information which a party contemplates asking another party to present at
						hearing.
(4) Other matters that may
						aid in expediting the orderly conduct and disposition of the proceeding and the
						furtherance of justice, including the following:
(i) The simplification of the
						issues.
(ii) The exchange and
						acceptance of service of exhibits proposed to be offered in evidence.
(iii) The obtaining of admissions as to, or
						stipulations of, facts not remaining in dispute, or the authenticity of
						documents which might properly shorten the hearing.
(iv) The limitation of the number of
						witnesses.
(v) A proposed plan and
						schedule of discovery which may include specific limitations on the number of
						written interrogatories and requests for admissions a party may propound on
						another party.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart A - General Provisions › Chapter 5 - FORMAL PROCEEDINGS › Subchapter B - HEARINGS › PREHEARING AND OTHER CONFERENCES › Section 5.223 - Authority of presiding officer at conferences

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The presiding officer at a conference may
						dispose of procedural matters which he is authorized to rule upon during the
						course of the proceeding. When it appears that the proceeding would be
						substantially expedited by distribution of proposed exhibits and written
						prepared testimony reasonably in advance of the hearing session, the presiding
						officer, at his discretion, and with regard for the convenience and necessity
						of the parties, may direct advance distribution by a prescribed date. The
						rulings of the presiding officer made at the conference will control the
						subsequent course of the hearing, unless modified for good cause
						shown.
(b) The presiding officer
						will have authority to participate in the discussions, to arrange for recording
						stipulations or agreements reached at conference, to fix the date of initial
						hearing and the date for additional hearings which may be required to dispose
						of the proceeding, and otherwise to assist the parties to reach agreement that
						will expedite the proceeding and serve the ends of justice.
(c) The presiding officer may participate in
						settlement discussions upon agreement of all parties. A different presiding
						officer or a mediator, if appropriate, will be assigned by the Chief
						Administrative Law Judge to participate in settlement discussions upon the
						request of a party.
(d) Subsection
						(a) is identical to 1 Pa. Code §
												35.114 (relating to authority of
						presiding officer at conference) and subsection (b) supplements §
												35.114.
The provisions of this §
														5.223 amended under the Public
							 Utility Code,
							 66 Pa.C.S. §§
															501,
							 504- 506, 1301 and
							 1501.
This section cited in 52 Pa. Code §
														5.224 (relating to prehearing
							 conference in rate proceedings); and 52 Pa. Code §
														5.234 (relating to presentation
							 and effect of stipulations).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart A - General Provisions › Chapter 5 - FORMAL PROCEEDINGS › Subchapter B - HEARINGS › PREHEARING AND OTHER CONFERENCES › Section 5.224 - Prehearing conference in rate proceedings

Current through Register Vol. 54, No. 28, July 13, 2024
(a) In a rate proceeding, the presiding
						officer may schedule the following:
(1) A
						first prehearing conference to establish a schedule for discovery and tentative
						hearing dates, as well as the matters in §
													5.222 (relating to initiation of
						prehearing conferences in nonrate proceedings).
(2) Other conferences as deemed
						necessary.
(3) A conference held
						telephonically, upon agreement of the parties.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart A - General Provisions › Chapter 5 - FORMAL PROCEEDINGS › Subchapter B - HEARINGS › SETTLEMENT AND STIPULATIONS › Section 5.231 - Offers of settlement

Current through Register Vol. 54, No. 28, July 13, 2024
(a) It is
						the policy of the Commission to encourage settlements.
(b) Nothing contained in this chapter or
						Chapter 1 or 3 (relating to rules of administrative practice and procedure; and
						special provisions) preclude a party in a proceeding from submitting, at any
						time, offers of settlement or proposals of adjustment, or from requesting
						conferences for that purpose.
(c)
						Parties may request that the presiding officer participate in the settlement
						conferences or that an additional presiding officer or mediator be designated
						to participate in the settlement conferences.
(d) Offers of settlement, of adjustment, or
						of procedure to be followed, and proposed stipulations not agreed to by every
						party, including proposals intended to resolve discovery disputes, will not be
						admissible in evidence against a counsel or party claiming the
						privilege.
(e) Subsections (a)-(d)
						supersede 1 Pa. Code §
												35.115 (relating to offers of
						settlement).
The provisions of this §
														5.231 amended under the Public
							 Utility Code,
							 66 Pa.C.S. §
															§
															501,
							 504-506,
							 1301 and
							 1501.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart A - General Provisions › Chapter 5 - FORMAL PROCEEDINGS › Subchapter B - HEARINGS › SETTLEMENT AND STIPULATIONS › Section 5.232 - Settlement petitions and stipulations of fact

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Generally
. A settlement
						petition, which may contain stipulations of fact by all or some of the parties,
						shall be filed with the Secretary in accordance with §
												5.41 (relating to petitions
						generally).
(b)
Positions
						of the parties
. A settlement agreement must specifically identify the
						parties:
(1) Supporting the
						settlement.
(2) Opposing the
						settlement.
(3) Taking no position
						on the settlement.
(4) Denied an
						opportunity to enter into the settlement.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart A - General Provisions › Chapter 5 - FORMAL PROCEEDINGS › Subchapter B - HEARINGS › SETTLEMENT AND STIPULATIONS › Section 5.233 - Refusal to make admissions or stipulations

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Generally
. A party may
						move for sanctions under subsection (b) when the following conditions are
						satisfied:
(1) A party refuses to admit or
						stipulate to the genuineness of documents or the truth of matters of fact
						during a conference convened under this chapter and Chapter 1 or 3 (relating to
						rules of administrative practice and procedure; and special
						provisions).
(2) The party
						requesting the admissions or stipulations thereafter proves the genuineness of
						the document or the truth of a matter of fact.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart A - General Provisions › Chapter 5 - FORMAL PROCEEDINGS › Subchapter B - HEARINGS › SETTLEMENT AND STIPULATIONS › Section 5.234 - Presentation and effect of stipulations

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Parties may stipulate to relevant matters
						of fact or the authenticity of relevant documents. The stipulations may be
						received in evidence at a hearing, and when so received shall be binding on the
						parties to the stipulation with respect to the matters therein
						stipulated.
(b) The parties may
						make stipulations independently of orders or rulings issued under §
												§
												5.221-5.224 (relating to prehearing and
						other conferences).
(c) The
						Commission may disregard in whole or in part a stipulation of facts under this
						section but may grant further hearing if requested by a party to the
						stipulation within 15 days after issuance of a Commission order disregarding
						the stipulation of fact.
(d)
						Subsections (a)-(b) supersede 1 Pa. Code §
												35.155 (relating to presentation
						and effect of stipulations). Subsection (c) supplements 1 Pa. Code §
						35.155.
The provisions of this §
														5.234 amended under the Public
							 Utility Code,
							 66 Pa.C.S. §
															§
															501,
							 504-506,
							 1301 and
							 1501.
This section cited in 52 Pa. Code §
														5.411 (relating to oral
							 examination).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart A - General Provisions › Chapter 5 - FORMAL PROCEEDINGS › Subchapter B - HEARINGS › SETTLEMENT AND STIPULATIONS › Section 5.235 - Restrictive amendments to applications for motor carrier of passenger authority

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Parties
						to motor carrier applications for passenger authority may stipulate as to
						restrictions or modifications to proposed motor carrier rights. Stipulations in
						the form of restrictive amendments or modifications must:
(1) Be in writing.
(2) Explain why the stipulation is in the
						public interest.
(3) Be signed by
						each party to the stipulation.
(4)
						Be submitted to the Secretary for insertion into the document folder.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart A - General Provisions › Chapter 5 - FORMAL PROCEEDINGS › Subchapter B - HEARINGS › HEARINGS › Section 5.241 - Attendance

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The presiding
						officer before whom the hearing is held will enter upon the record all parties
						in attendance.
(b) Subsection (a)
						supersedes 1 Pa. Code §
												35.124 (relating to
						appearances).
The provisions of this §
														5.241 amended under the Public
							 Utility Code,
							 66 Pa.C.S. §
															§
															501,
							 504-506,
							 1301 and
							 1501.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart A - General Provisions › Chapter 5 - FORMAL PROCEEDINGS › Subchapter B - HEARINGS › HEARINGS › Section 5.242 - Order of procedure

Current through Register Vol. 54, No. 28, July 13, 2024
(a) In a
						proceeding, the party having the burden of proof, shall open and close unless
						otherwise directed by the presiding officer. In a hearing on investigations and
						in proceedings which have been consolidated for hearing, the presiding officer
						may direct who will open and close. Oral rejoinder, if proposed by the party
						with the burden of proof, shall be completed before any cross-examination of
						the witness is conducted.
(b)
						Intervenors shall follow the party on whose behalf the intervention is made. If
						the intervention is not in support of an original party, the presiding officer
						will designate at what stage the intervenor will be heard.
(c) In proceedings when the evidence is
						peculiarly within the knowledge or control of another party, the order of
						presentation set forth in subsections (a) and (b) may be varied by the
						presiding officer.
(d) The
						presiding officer may direct the order of parties for purposes of
						cross-examination, subject to §
												5.243(f)
						(relating to presentation by parties).
(e) Subsections (a)-(d) supersede 1 Pa. Code
						§
												35.125 (relating to order of
						procedure).
The provisions of this §
														5.242 amended under the Public
							 Utility Code,
							 66 Pa.C.S. §
															§
															309-311,
							 315,
							 331-335,
							 501,
							 504-506,
							 701-703,
							 1101-1103,
							 1301 and
							 1501.
This section cited in 52 Pa. Code §
														5.245 (relating to failure to
							 appear, proceed or maintain order in
							 proceedings).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart A - General Provisions › Chapter 5 - FORMAL PROCEEDINGS › Subchapter B - HEARINGS › HEARINGS › Section 5.243 - Presentation by parties

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A party,
						has the right of presentation of evidence, cross-examination, objection, motion
						and argument subject to the limitations in §
												§
												5.75 and
						5.76 (relating to notice, service
						and action on petitions to intervene; and limitation of participation in
						hearings). The taking of evidence and subsequent proceedings shall proceed with
						reasonable diligence and with the least practicable delay.
(b) When an objection to the admission or
						exclusion of evidence before the Commission or the presiding officer is made,
						the ground relied upon shall be stated briefly. A formal exception is
						unnecessary and may not be taken to rulings thereon.
(c) The presiding officer may require or
						allow a factual statement of the scope of a pleading or the position of a party
						in the proceeding. Facts admitted on the record by a party or by testimony,
						exhibits or in writing, need not be further proved.
(d) The Commission or the presiding officer
						may limit appropriately the number of witnesses who may be heard upon an
						issue.
(e) A party will not be
						permitted to introduce evidence during a rebuttal phase which:
(1) Is repetitive.
(2) Should have been included in the party's
						case-in-chief .
(3) Substantially
						varies from the party's case-in-chief.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart A - General Provisions › Chapter 5 - FORMAL PROCEEDINGS › Subchapter B - HEARINGS › HEARINGS › Section 5.245 - Failure to appear, proceed or maintain order in proceedings

Current through Register Vol. 54, No. 28, July 13, 2024
(a) After being
						notified, a party who fails to be represented at a scheduled conference or
						hearing in a proceeding will:
(1) Be deemed
						to have waived the opportunity to participate in the conference or
						hearing.
(2) Not be permitted
						thereafter to reopen the disposition of a matter accomplished at the conference
						or hearing.
(3) Not be permitted to
						recall witnesses who were excused for further examination.