reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart A - General Provisions › Chapter 3 - SPECIAL PROVISIONS › Subchapter B - INFORMAL PROCEEDINGS GENERALLY › INFORMAL COMPLAINTS AND INVESTIGATIONS › Section 3.163 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
This section cited in 52 Pa. Code §
														53.64 (relating to filing
							 requirements for natural gas distributors with gross intrastate annual
							 operating revenues in excess of $40
							 million).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart A - General Provisions › Chapter 3 - SPECIAL PROVISIONS › Subchapter D - CROSSING PROCEEDINGS › Section 3.361 - Crossing complaints

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 Whenever a complaint is made under section 2702 of the act (relating to
					 construction, relocation, suspension and abolition of crossings) that a
					 crossing is dangerous or inadequate and requires reconstruction, relocation,
					 alteration or abolition, public utilities, owners of the railroad right-of-way
					 and municipal corporations concerned and, if applicable, the Department of
					 Transportation, will be made parties respondent.
(b) In complaint proceedings under section
					 2702 of the act for the relocation, alteration or abolition of crossings, the
					 complainant shall publish a concise statement of the proceeding which
					 designates the crossing with sufficient particularity to be readily
					 identifiable by owners of property adjacent thereto or affected thereby, with
					 notice of time and place fixed by the Commission for hearing, once a week for 2
					 consecutive weeks immediately prior to the date of hearing in at least one
					 newspaper of general circulation, in the county in which the crossing is
					 located. Proof of the publication shall be filed with the Commission on or
					 before the date of hearing.
The provisions of this §
													3.361 amended under the Public
						  Utility Code,
						  66 Pa.C.S. §
														§
														501,
						  504-506,
						  1301 and
						  1501.
This section cited in 52 Pa. Code §
													5.13 (relating to applications for
						  construction or alteration of crossings); and 52 Pa. Code §
													5.14 (relating to applications
						  requiring notice).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart A - General Provisions › Chapter 3 - SPECIAL PROVISIONS › Subchapter D - CROSSING PROCEEDINGS › Section 3.362 - Reimbursement of damages from crossings

Current through Register Vol. 54, No. 28, July 13, 2024
Petitions for reimbursement for amounts paid by way of
						damages, shall be served on the parties of record who have been required in the
						original order of the Commission to pay the damages on the property, and shall
						contain as exhibits a certified copy of the order of the court or reference to
						the Commission order awarding damages and proof of payment of the award. The
						petition should set out the terms of the order affording the basis for
						reimbursement.
This section cited in 52 Pa. Code §
													5.14 (relating to applications
						  requiring notice).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart A - General Provisions › Chapter 3 - SPECIAL PROVISIONS › Subchapter D - CROSSING PROCEEDINGS › Section 3.363 - Claims for property damages from crossings

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Claims for property damage for property
					 taken, injured or destroyed must conform with the following requirements:
(1) Be captioned "
____________
, Plaintiffs, v. Defendants."
(2) Follow, in general as to form and
					 content, the form available from the Secretary.
(3) Name as defendants those charged with the
					 duty of paying the damages under the provisions of the order of the
					 Commission.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart A - General Provisions › Chapter 3 - SPECIAL PROVISIONS › Subchapter E - MOTOR TRANSPORTATION PROCEEDINGS › Section 3.381 - Applications for transportation of property, household goods in use and persons

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Applications.
(1)
Forms
. The following forms may be obtained from the Office of
					 the Secretary of the Commission:
(i) An
					 application by a common carrier, including a forwarder, for a certificate of
					 public convenience.
(ii) An
					 application by a contract carrier for a permit.
(iii) An application by a broker for a
					 license.
(iv) An application for
					 amendment of a certificate, permit or license.
(v) An application by a common carrier of
					 passengers or household goods in use to abandon or discontinue service in whole
					 or in part.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart A - General Provisions › Chapter 3 - SPECIAL PROVISIONS › Subchapter E - MOTOR TRANSPORTATION PROCEEDINGS › Section 3.382 - Evidentiary guidelines for applications for passenger, excluding group and party more than 15 passenger, and household goods in use authority

Current through Register Vol. 54, No. 28, July 13, 2024
An applicant for a motor carrier certificate or permit
						for the transportation of passengers or household goods in use, though not
						required to offer testimony as to the rates proposed to be charged, may do so
						if it is otherwise competent. The weight to be attributed to the evidence will
						depend upon the extent to which it is accompanied by cost evidence
						demonstrating that the prospective rates would be compensatory, that is, that
						the prospective rates would be adequate to enable the applicant to recover its
						costs and realize a reasonable return either on investment or under operating
						ratio standards. The demeanor and credibility of a witness offering the
						evidence will also be considered in evaluating the weight to be attributed to
						the evidence.
The provisions of this §
													3.382 amended under the Public
						  Utility Code,
						  66 Pa.C.S. §
														§
														501,
						  1102,
						  1103 and
						  1501.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart A - General Provisions › Chapter 3 - SPECIAL PROVISIONS › Subchapter E - MOTOR TRANSPORTATION PROCEEDINGS › Section 3.383 - Applications for temporary authority and emergency temporary authority

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Controlling legislation.
The provisions of
					 66 Pa.C.S. §
												§
												1103(d) and
					 2509 (relating to
					 procedure to obtain certificates of public convenience; and temporary permits
					 and licenses) are as follows:
" § 1103(d) Temporary authority-Except during the
						threat or existence of a labor dispute, the commission under such regulations
						as it shall prescribe may, without hearing, in proper cases, consider and
						approve applications for certificates of public convenience, and in emergencies
						grant temporary certificates under this chapter, pending action on permanent
						certificates; but no applications shall be denied without right of hearing
						thereon being tendered to the applicant."
" § 2509 Temporary permits and licenses-The
						commission, under such regulations as it shall prescribe, may, without hearing,
						in proper cases, consider and approve applications for permits and licenses,
						and in emergencies grant temporary permits and licenses under this chapter,
						pending action on permanent permits or licenses; but no application shall be
						denied without right of hearing thereon being tendered the applicant."
(b)
Definitions and
					 applicability.
(1) The following
					 words and terms, when used in relation to applications for temporary authority
					 and emergency temporary authority, have the following meanings:
Carrier
-Includes motor common carriers
						of passengers and motor contract carriers of passengers, brokers and
						forwarders.
ETA-Emergency temporary
						authority
-Limited duration operating authority issued under
						66 Pa.C.S. §
														§
														1103(d) and
						2509 to authorize the
						transportation of passengers to meet an emergency situation and when time or
						circumstances do not reasonably permit the filing and processing of an
						application for TA.
TA-Temporary authority
-Limited duration
						operating authority issued under
						66 Pa.C.S. §
														§
														1103(d) and
						2509 to authorize the
						transportation of passengers to meet an emergency situation.
(2) ETA and TA are not available to motor
					 common carriers of property, household goods in use, and group and party
					 carriers transporting more than 15 passengers.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart A - General Provisions › Chapter 3 - SPECIAL PROVISIONS › Subchapter E - MOTOR TRANSPORTATION PROCEEDINGS › Section 3.384 - Disposition of applications for ETA and TA

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General.
Initial
					 determination of ETA and TA applications will be made by the Bureau of
					 Technical Utility Services with the approval of the Commission.
(b)
Standards.
(1)
General.
Grants of TA or
					 ETA shall be made upon the establishment of an emergency as defined in §
												3.1 (relating to definitions)
					 which requires new carrier service before an application for permanent
					 authority can be filed and processed.
(2)
General bases for
					 disapproval.
Applications for TA or ETA may be denied for the
					 following reasons:
(i) Failure to meet
					 statutory standards and this title.
(ii) Unfitness of the applicant.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart A - General Provisions › Chapter 3 - SPECIAL PROVISIONS › Subchapter E - MOTOR TRANSPORTATION PROCEEDINGS › Section 3.385 - Rates, fares and charges for TA and ETA authorities

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Rates requirements of motor
					 carriers-publish on less than 30 days' notice.
Under §
											23.42 (relating to establishment
					 of new rates), rates, fares, charges and related provisions may be established
					 by motor carriers upon not less than 1 day's notice to apply on shipments
					 transported under TA.
(b)
Insurance-motor carriers.
A carrier may not render
					 transportation services until it has complied with the provisions concerning
					 the filing of evidence of insurance.
(c)
Publication of rates and
					 charges.
A motor carrier who has been granted ETA or TA may not render
					 transportation services until it has complied with the rate filing requirements
					 as stated in the Commission order.
The provisions of this §
													3.385 issued under the Public
						  Utility Code,
						  66 Pa.C.S. §
														§
														501,
						  1103 and
						  2509.
This section cited in 52 Pa. Code §
													3.12 (relating to applicability to
						  transportation proceedings).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart A - General Provisions › Chapter 3 - SPECIAL PROVISIONS › Subchapter E - MOTOR TRANSPORTATION PROCEEDINGS › Section 3.386 - Registration of intrastate operating authority issued by the Interstate Commerce Commission

Current through Register Vol. 54, No. 28, July 13, 2024
Motor common and contract carriers of passengers which
						are granted intrastate operating authority to provide transportation service
						within this Commonwealth by the Interstate Commerce Commission under
						49 U.S.C.A. §
												§
												10922 and
						10923 (relating to certificates of
						motor and water common carriers and permits of motor carriers respectively)
						shall, not later than 30 days after the date on which the carrier first begins
						providing the authorized service, file a copy of the authority granted by the
						Interstate Commerce Commission and, for common carriers, a copy of the tariff
						in force for the authority with the Public Utility Commission. Common carriers
						shall file supplements to tariffs filed under this section when changes occur
						in tariffs or supplements or both previously filed.
The provisions of this §
													3.386 issued under the Public
						  Utility Code,
						  66 Pa.C.S. §
														§
														501 and
						  1103.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart A - General Provisions › Chapter 3 - SPECIAL PROVISIONS › Subchapter F - ARBITRATION OF DISPUTES › Section 3.391 - Arbitration of claims for billing and collecting services

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Each petition for arbitration of a
					 dispute under section 4 of the act of April 14, 1949 (P. L. 482, No. 98)
					 (53
					 P. S. §
												2264) shall set forth the
					 following:
(1) The name and address of
					 petitioner, and the name and address of his attorney, if any.
(2) The name and address of
					 respondent.
(3) The interest of
					 petitioner in the subject matter.
(4) The nature of the dispute, that is, cost
					 of shut off of service, amount of water revenues lost; provisions of any
					 agreement between the parties.
(5)
					 The existence, if any, of an agreement between the parties; a copy thereof
					 shall be attached to the petition.
(6) A concise summary of material facts on
					 which petitioner relies.
(7) A
					 concise summary of efforts made to settle the dispute.
(8) The determination desired.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart A - General Provisions › Chapter 3 - SPECIAL PROVISIONS › Subchapter G - WATER OR WASTEWATER UTILITY PROCEEDINGS › Section 3.501 - Certificate of public convenience as a water supplier or wastewater collection, treatment or disposal provider

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Applicant
. An applicant for a certificate of public
					 convenience as a public water or wastewater collection, treatment or disposal
					 provider, including noncertificated utilities, shall provide a copy of the
					 business plan required by the Department of Environmental Protection (DEP) in
					 25 Pa. Code §
											109.503(a)(3)
					 (relating to public water system construction permits). The Commission may
					 reject an application which fails to include the required information and
					 documents. The following additional information, or documents, if not included
					 in the business plan, shall also be included in the application, using the
					 current forms and schedules specified by the Commission.
(1)
Plant in service
.
(i) Proposed utilities shall provide:
(A) A full description of the proposed
					 waterworks or wastewater collection, treatment and disposal facilities and the
					 manner, including the timing, in which the proposed service area and utility
					 will be constructed.
(B) A
					 breakdown of the cost of construction, by major plant category, including the
					 sources of funds used to construct the facilities.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart A - General Provisions › Chapter 3 - SPECIAL PROVISIONS › Subchapter G - WATER OR WASTEWATER UTILITY PROCEEDINGS › Section 3.502 - Protests to applications for certificate of public convenience as a water supplier or wastewater collection, treatment or disposal provider

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Protests generally
. A person objecting to the application
					 shall file with the Secretary and serve upon the applicant or applicant's
					 attorney, if any, a written protest which must contain the following:
(1) The applicant's name and the docket
					 number of the application.
(2) The
					 name, business address and telephone number of the protestant.
(3) The name, business address, Pennsylvania
					 attorney identification number and telephone number of the protestant's
					 attorney or other representative.
(4) A statement of the nature of the
					 protestant's interest in the application.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart A - General Provisions › Chapter 3 - SPECIAL PROVISIONS › Subchapter H - FORMS › Section 3.551 - Official forms

Current through Register Vol. 54, No. 28, July 13, 2024
Forms for applications, petitions, complaints and other
						matters are available on the Commission's website or from the Secretary of the
						Commission, P. O. Box 3265 Harrisburg, Pennsylvania, 17105-3265; (717)
						772-7777.
The provisions of this §
													3.551 issued under the Public
						  Utility Code,
						  66 Pa.C.S. §
														§
														501,
						  1102,
						  1103 and
						  2509; 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; amended under the
						  Electricity Generation Customer Choice and Competition Act,
						  66 Pa.C.S. §
														§
														501,
						  2806(g)(3), 2203(12), 2208
						  and 2809.
This section cited in 52 Pa. Code §
													3.363 (relating to claims for
						  property damages from crossings); and 52 Pa. Code §
													5.11 (relating to applications
						  generally).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart A - General Provisions › Chapter 3 - SPECIAL PROVISIONS › Subchapter I - REGISTRATION OF SECURITIES › Section 3.602 - Abbreviated securities certificate

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Scope of rule
. The
					 abbreviated procedure of subsections (b) and (c) applies to an issuance or
					 assumption of a security which meets one of the following requirements:
(1) The issuance or assumption of securities
					 has been authorized by another state commission having primary
					 jurisdiction.
(2) The financing is
					 provided by an agency of a state or the United States government.
(3) The issuance or assumption of securities
					 is by a utility having a presence in this Commonwealth of less than 10% as
					 measured by either:
(i) The ratio of gross
					 investment within this Commonwealth to the utility's total gross
					 investment.
(ii) The ratio of gross
					 operating revenues from service rendered during the immediately preceding
					 fiscal year under tariffs filed with the Commission for intra-State service to
					 the total gross operating revenues of the public utility during the fiscal year
					 from all service, wherever rendered, of the type described in section 102 of
					 the act (relating to definitions).
(4) The declaration by a utility of a stock
					 split if there is no impact on the control of the utility or negative impact
					 attributable to commingling of competitive enterprises with noncompetitive
					 enterprises.
(5) The issuance of a
					 dividend by a utility in the form of the utility's stock if there is no impact
					 on the control of the utility or negative impact attributable to commingling of
					 competitive enterprises with noncompetitive enterprises.
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 › GENERAL PROVISIONS › Section 5.1 - Pleadings allowed

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
						pleadings in an action before the Commission include the following:
(1) Application and protest.
(2) Formal complaint, answer, new matter and
						reply to new matter.
(3) Order to
						show cause and answer.
(4) Petition
						and answer.
(5) Preliminary
						objections.
(6) Motions.
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 › APPLICATIONS › Section 5.11 - Applications generally

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						Applications for authorization or permission filed with the Commission should
						conform to the requirements of this chapter. To the extent practicable,
						applications should conform to the requirements of §
												3.551 (relating to official
						forms).
(b) Subsection (a)
						supersedes 1 Pa. Code §
												35.1 (relating to applications
						generally).
The provisions of this §
														5.11 amended under the Public
							 Utility Code,
							 66 Pa.C.S. §
															§
															501,
							 504-506,
							 1301 and
							 1501.
This section cited in 52 Pa. Code §
														1.5 (relating to amendment to
							 rules); 52 Pa. Code §
														3.501 (relating to certificate of
							 public convenience as a water supplier or wastewater collection, treatment and
							 disposal provider); and 52 Pa. Code §
														63.324 (relating to commission
							 approval of a general rule transaction subject to
							 66 Pa.C.S. §
															§
															1102(a)(3) and
							 1103).
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 › APPLICATIONS › Section 5.12 - Contents of applications

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						Applications must conform to this section unless a form or other specific
						requirements are provided in Chapter 3 (relating to special provisions).
						Applications must :
(1) Be in
						writing.
(2) State clearly and
						concisely the authorization or permission sought.
(3) Cite by appropriate reference the
						statutory provisions, regulations or other authority under which the Commission
						authorization or permission is sought.
(4) Set forth, in the order indicated, the
						following-unless otherwise provided by this chapter or in Chapter 3 for the
						specific type of application involved:
(i) The
						exact legal name of the applicant.
(ii) The jurisdiction under the statutes of
						which the applicant was created or organized and the location of the principal
						place of business of the applicant, when the applicant is a corporation, trust,
						association or other entity.
(iii)
						The name, title, mailing address, telephone number and electronic mail address,
						if available, of the person to whom correspondence or communication in regard
						to the application is to be addressed. The Commission will serve, when
						required, notices, orders and other papers upon the person named, and service
						will be deemed to be service upon the applicant.
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 › APPLICATIONS › Section 5.13 - Applications for construction or alteration of crossings

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Applications for construction,
						relocation, alteration, protection or abolition of a crossing under section
						2702 of the act (relating to construction, relocation, suspension, and
						abolition of crossings) must comply substantially with the requirements as to
						crossing complaints as set forth in §
												3.361 (relating to crossing
						complaints).
(b) Plans submitted
						for the construction, relocation, alteration, protection or abolition of a
						crossing complained against shall be accompanied by the names and post office
						addresses of the record owners of all property necessary to be acquired in the
						execution thereof, and shall, when directed by the Commission, be supplemented
						by a description by metes and bounds of all property necessary to be
						acquired.
The provisions of this §
														5.13 amended under the Public
							 Utility Code,
							 66 Pa.C.S. §
															§
															501,
							 504-506,
							 1301 and
							 1501.
This section cited in 52 Pa. Code §
														63.324 (relating to commission
							 approval of a general rule transaction subject to
							 66 Pa.C.S. §
															§
															1102(a)(3) and
							 1103).
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 › APPLICATIONS › Section 5.14 - Applications requiring notice

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General rule
. Notice of applications to the Commission for
						authority under the act must be published in the
Pennsylvania
						Bulletin
and as may otherwise be required by the Commission.
(b)
Supplemental
						requirements
. The Secretary may require additional publication or
						notification in one or more of the following ways:
(1) Publication in a newspaper of general
						circulation serving the geographical territory affected by the
						application.
(2) Actual
						notification to the parties affected by the application.
(3) Another form of actual or constructive
						notification, including service of the application on interested
						persons.
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 › FORMAL COMPLAINTS › Section 5.21 - Formal complaints generally

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
						person complaining of an act done or omitted to be done by a person subject to
						the jurisdiction of the Commission, in violation, or claimed violation of a
						statute which the Commission has jurisdiction to administer, or of a regulation
						or order of the Commission, may file a formal complaint with the
						Commission.
(b) If the complaint
						relates to a provision in a tariff, regulation, report or other similar
						document on file with the Commission as a matter of public record, the document
						should be identified.
(c) A copy of
						the complaint will be served by the Commission, by certified mail, upon the
						respondent. If the complaint proposes to change an existing or proposed tariff
						rate of a fixed public utility subject to the jurisdiction of the Commission, a
						copy of the complaint will be served by the Commission on the Office of Trial
						Staff, Office of Consumer Advocate and Office of Small Business
						Advocate.
(d) The filing of a
						formal compliant entitles the complainant to a formal hearing before the
						Commission except that the Commission may dismiss any complaint without a
						hearing if, in its opinion, a hearing is not necessary in the public interest.
						Motions may be filed in accordance with §
												§
												5.101 and
						5.102 (referring to preliminary
						objections; and motions for summary judgment and judgment on the
						pleadings).
(e) With respect to
						complaints filed against the Commission, no answer need be filed. The issues in
						the proceeding will be determined by prehearing conference memoranda or as
						specified by the presiding officer.
(f) Subsections (a)-(e) supersede 1 Pa. Code
						§
												35.9 (relating to formal
						complaints generally).
The provisions of this §
														5.21 amended under the Public
							 Utility Code,
							 66 Pa.C.S. §
															§
															501,
							 504-506,
							 1301 and
							 1501.
This section cited in 52 Pa. Code §
														5.22 (relating to content of
							 formal complaint); 52 Pa. Code §
														30.52 (relating to commencement of
							 complaints); 52 Pa. Code §
														62.111 (relating to bonds or other
							 security); 52 Pa. Code §
														62.142 (relating to standards of
							 conduct); and 52 Pa. Code §
														63.144 (relating to
							 remedies).
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 › FORMAL COMPLAINTS › Section 5.22 - Content of formal complaint

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
						formal complaint must set forth the following:
(1) The name, mailing address, telephone
						number, telefacsimile number and electronic mailing address, if applicable, of
						the complainant.
(2) If the
						complainant is represented by an attorney, the name, mailing address, telephone
						number, telefacsimile number and Pennsylvania Supreme Court identification
						number of the attorney and, if available, the electronic mailing
						address.
(3) The name, mailing
						address and certificate or license number of the respondent complained against,
						if known, and the nature and character of its business.
(4) The interest of the complainant in the
						subject matter-for example, customer, competitor, and the like.
(5) A clear and concise statement of the act
						or omission being complained of including the result of any informal complaint
						or informal investigation.
(6) A
						clear and concise statement of the relief sought.
(7) Except for a document referenced within
						§
													5.21(b) (relating
						to formal complaints generally), a document, or the material part thereof, or a
						copy must be attached when a claim is based upon the document, the material
						part thereof, or a copy. If the document, the material part thereof, or a copy
						is not accessible, the complaint must set forth that the document, the material
						part thereof, or the copy is not accessible and the reason, and set forth the
						substance of the document or material part thereof.
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 › FORMAL COMPLAINTS › Section 5.23 - Joinder of formal complaints

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Two or
						more complainants may join in one complaint if they are complaining against the
						same respondent, and if the subject matter and relief sought is substantially
						the same.
(b) Subsection (a)
						supersedes 1 Pa. Code §
												35.11 (relating to joinder of
						formal complaints).
This section cited in 52 Pa. Code §
														30.52 (relating to commencement of
							 complaints).
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 › FORMAL COMPLAINTS › Section 5.24 - Satisfaction of formal complaints

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						If the respondent satisfies a formal complaint either before or after a
						hearing, the complainant shall file with the Commission a certified statement
						to that effect. The certified statement must set forth that the complaint is
						satisfied and that the complaint docket should be marked closed. The presiding
						officer is not required to render a decision upon submission of the certified
						statement concerning the satisfaction of a complaint unless the parties request
						one for good cause.
(b) In lieu of
						the certified statement required by subsection (a), the respondent may provide
						a certified writing to the Commission that it has addressed the complaint and
						at least one of the following:
(1) That the
						complainant has acknowledged satisfaction to the respondent.
(2) That the complainant has acknowledged to
						the respondent that the complainant no longer wishes to pursue the
						complaint.
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 › FORMAL COMPLAINTS › Section 5.31 - Staff-initiated complaints

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
						Commission bureau may commence a proceeding pursuant to statutory or regulatory
						authority or pursuant to delegation by the Commission by filing a complaint in
						accordance with §
												5.22 (relating to content of
						formal complaint). The complaint will contain a statement of the particular
						matter about which the bureau is complaining or inquiring, and the complaint
						will require that the respondent named file a written answer in the form
						required by §
												5.61 (relating to answers to
						complaints, petitions and motions).
(b) A Commission bureau filing a complaint
						under this section involving a fixed utility or licensee will provide a copy to
						the Office of Trial Staff, the Chief Counsel, the Office of Consumer Advocate,
						and the Office of Small Business Advocate.
(c) Subsections (a) and (b) supersede 1 Pa.
						Code §
												35.14 (relating to orders to show
						cause).
The provisions of this §
														5.31 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 › FORMAL COMPLAINTS › Section 5.32 - Complaints in rate proceedings

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Prior to suspension
. A person may file a complaint against a
						general rate increase within the meaning of section 1308(d) of the act
						(relating to voluntary changes in rates) within the time period specified in
						the notice provided to customers of the tariff filing.
(b)
After suspension
. A
						person filing a complaint during the suspension of a proposed general rate
						increase shall take the record of the suspended rate proceeding as it stands at
						the time of the complaint's filing.
The provisions of this §
														5.32 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 › PETITIONS › Section 5.41 - Petitions generally

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General requirements
. Petitions for relief under the act or
						other statute that the Commission administers, must be in writing, state
						clearly and concisely the interest of the petitioner in the subject matter, the
						facts and law relied upon, and the relief sought. Petitions for relief must
						comply with §
												1.51 (relating to Instructions for
						service, notice, and protest).
(b)
Service
. A copy of the petition shall be served on all persons
						directly affected and on other parties whom petitioner believes will be
						affected by the petition. Copies of the petition shall be served upon the
						Office of Trial Staff, the Office of Consumer Advocate and the Office of Small
						Business Advocate. Service shall be evidenced with a certificate of service
						filed with the petition.
(c)
Copies
. Copies shall also be served as directed by the
						Commission.
(d) Subsection (a)
						supersedes 1 Pa. Code §
												35.17 (relating to petitions
						generally).
The provisions of this §
														5.41 amended under the Public
							 Utility Code,
							 66 Pa.C.S. §
															§
															501,
							 504-506,
							 1301 and
							 1501.
This section cited in 52 Pa. Code §
														3.2 (relating to petitions for
							 issuance of emergency orders); 52 Pa. Code §
														3.4 (relating to hearings
							 following issuance of emergency); 52 Pa. Code §
														3.6 (relating to petitions for
							 interim emergency orders); 52 Pa. Code §
														3.601 (relating to general); 52
							 Pa. Code §
														5.211 (relating to notice of
							 rulemaking proceedings); 52 Pa. Code §
														5.232 (relating to settlement
							 petitions and stipulations of fact); 52 Pa. Code §
														57.86 (relating to exceptions);
							 and 52 Pa. Code §
														63.53 (relating to general
							 provisions).
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 › PETITIONS › Section 5.42 - Petitions for declaratory orders

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						Petitions for the issuance of a declaratory order to terminate a controversy or
						remove uncertainty must:
(1) State clearly
						and concisely the controversy or uncertainty which is the subject of the
						petition.
(2) Cite the statutory
						provision or other authority involved.
(3) Include a complete statement of the facts
						and grounds prompting the petition.
(4) Include a full disclosure of the interest
						of the petitioner.
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 › PETITIONS › Section 5.43 - Petitions for issuance, amendment, repeal, or waiver of Commission regulations

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
						petition to the Commission for the issuance, amendment, waiver or repeal of a
						regulation must set forth clearly and concisely the interest of the petitioner
						in the subject matter, the specific regulation, amendment, waiver or repeal
						requested, and cite by appropriate reference the statutory provision or other
						authority involved. The petition must set forth the purpose of, and the facts
						claimed to constitute the grounds requiring the regulation, amendment, waiver
						or repeal. Petitions for the issuance or amendment of a regulation shall
						incorporate the proposed regulation or amendment.
(b) A copy of the petition shall be served on
						all persons directly affected and on other parties who petitioner believes will
						be affected by the petition. Copies of the petition shall be served on the
						Office of Trial Staff, the Office of Consumer Advocate and the Office of Small
						Business Advocate. Service shall be evidenced with a certificate of service
						filed with the petition.
(c) Copies
						shall also be served in compliance with Commission direction.
(d) Subsection (a) is identical to 1 Pa. Code
						§
												35.18 (relating to petitions for
						issuance, amendment, waiver or repeal of regulations).
The provisions of this §
														5.43 amended under the Public
							 Utility Code,
							 66 Pa.C.S. §
															§
															501,
							 504-506,
							 1301 and
							 1501.
This section cited in 52 Pa. Code §
														3.4 (relating to hearings
							 following issuance of emergency); 52 Pa. Code §
														3.601 (relating to general); 52
							 Pa. Code §
														5.41 (relating to petitions
							 generally); 52 Pa. Code §
														57.63 (relating to promotional
							 activities); 52 Pa. Code §
														54.184 (relating to default
							 service provider obligations); and 52 Pa. Code §
														57.64 (relating to promotional
							 allowances).
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 › PETITIONS › Section 5.44 - Petitions for reconsideration from actions of the staff

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Actions taken by staff, other than a
						presiding officer, under authority delegated by the Commission, will be deemed
						to be the final action of the Commission unless reconsideration is sought from
						the Commission within 20 days after service of notice of the action, unless a
						different time period is specified in this chapter or in the act.
(b) An action taken by staff under delegated
						authority will note the parties' right to seek reconsideration of the action
						under this section.
(c) Petitions
						for reconsideration from the actions of the staff will be addressed by the
						Commission at public meeting.
(d)
						Subsections (a)-(c) supersede 1 Pa. Code §
												35.20 (relating to appeals from
						actions of the staff).
The provisions of this §
														5.44 amended under the Public
							 Utility Code,
							 66 Pa.C.S. §
															§
															501,
							 504-506,
							 1301 and
							 1501.
This section cited in 52 Pa. Code §
														3.4 (relating to hearings
							 following issuance of emergency); 52 Pa. Code §
														3.112 (relating to action on
							 informal complaints); 52 Pa. Code §
														3.501 (relating to certificate of
							 public convenience as a water supplier or wastewater collection, treatment or
							 disposal provider); 52 Pa. Code §
														3.601 (relating to general); 52
							 Pa. Code §
														5.41 (relating to petitions
							 generally); 52 Pa. Code §
														57.198 (relating to inspection and
							 maintenance standards); 52 Pa. Code §
														62.111 (relating to bonds or other
							 security); 52 Pa. Code §
														63.324 (relating to commission
							 approval of a general rule transaction subject to
							 66 Pa.C.S. §
															§
															1102(a)(3) and
							 1103); 52 Pa. Code §
														63.325 (relating to commission
							 approval of a pro forma transaction subject to
							 66 Pa.C.S. §
															§
															1102(a)(3) and
							 1103); 52 Pa. Code §
														75.17 (relating to process for
							 obtaining Commission approval of customer-generator status); and 52 Pa. Code
							 §
														75.64 (relating to alternative
							 energy credit program
							 administrator).
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 › PROTESTS › Section 5.51 - Protest to an application

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
						person objecting to the approval of an application filed with the Commission
						may file a protest to the application.
(b) Protests to motor carrier property
						applications are not permitted. See §
												3.381(c)
						(relating to applications for transportation of property, household goods in
						use and persons).
(c) Subsection
						(a) supersedes 1 Pa. Code §
												35.23 (relating to protest
						generally).
The provisions of this §
														5.51 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 › PROTESTS › Section 5.52 - Content of a protest to an application

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Form
. A protest to an
						application must:
(1) Set out clearly and
						concisely the facts from which the alleged interest or right of the protestant
						can be determined.
(2) State the
						grounds of the protest .
(3) Set
						forth the facts establishing the protestant's standing to
						protest.
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 › PROTESTS › Section 5.53 - Time of filing

Current through Register Vol. 54, No. 28, July 13, 2024
A protest shall be filed within the time specified in
						  the published notice of the application. If no protest time is specified, the
						  protest shall be filed within 60 days of publication of the
						  notice.
The provisions of this §
														5.53 amended under the Public
							 Utility Code,
							 66 Pa.C.S. §
															§
															501,
							 504-506,
							 1301 and
							 1501.
This section cited in 52 Pa. Code §
														5.14 (relating to applications
							 requiring notice); and 52 Pa. Code §
														5.74 (relating to filing of
							 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 › ANSWERS › Section 5.61 - Answers to complaints, petitions, motions and preliminary objections

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Time
						for filing
. Unless a different time is prescribed by statute, the
						Commission, or the presiding officer, answers to complaints and petitions shall
						be filed with the Commission within 20 days after the date of service.
(1) Answers to motions shall be filed within
						the 20 days provided by §
													§
													5.102 and
						5.103 (relating to motions for
						summary judgment and judgment on the pleadings; and motions).
(2) Answers to preliminary objections shall
						be filed within the 10 days provided by §
													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 › ANSWERS › Section 5.62 - Answers seeking affirmative relief or raising new matter

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Answers seeking affirmative
						relief
. In its answer, a respondent may seek relief against other
						parties in a proceeding if common questions of law or fact are present. The
						answer must conform to this chapter for answers generally and set forth:
(1) The facts constituting the grounds of
						complaint.
(2) The provisions of
						the statutes, rules, regulations or orders relied upon.
(3) The injury complained of.
(4) The relief sought.
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 5.63 - Replies to answers seeking affirmative relief or new matter

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Unless
						otherwise ordered by the Commission, replies to answers seeking affirmative
						relief or to new matter shall be filed with the Commission and served within 20
						days after date of service of the answer, but not later than 5 days prior to
						the date set for the commencement of the hearing.
(b) Failure to file a timely reply to new
						matter may be deemed in default, and relevant facts stated in the new matter
						may be deemed to be admitted.
(c)
						Subsections (a) and (b) supersede 1 Pa. Code §
												35.39 (relating to replies to
						respondents seeking affirmative relief).
The provisions of this §
														5.63 amended under the Public
							 Utility Code,
							 66 Pa.C.S. §
															§
															501,
							 504-506,
							 1301 and
							 1501.