reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart A - General Provisions › Chapter 5 - FORMAL PROCEEDINGS › Subchapter D - DISCOVERY › SANCTIONS › Section 5.372 - Sanctions-types

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The presiding
						officer, when acting under §
												5.371 (relating to
						sanctions-general) may make one of the following:
(1) An order that the matters regarding which
						the questions were asked, the character or description of the thing or land,
						the contents of the paper, or other designated fact shall be taken to be
						established for the purposes of the action in accordance with the claim of the
						party obtaining the order.
(2) An
						order refusing to allow the disobedient party to support or oppose designated
						claims or defenses, or prohibiting the party from introducing in evidence
						designated documents, things or testimony.
(3) An order striking out pleadings or parts
						thereof, staying further proceedings until the order is obeyed, or entering a
						judgment against the disobedient party or individual advising the
						disobedience.
(4) An order with
						regard to the failure to make discovery as is just.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart A - General Provisions › Chapter 5 - FORMAL PROCEEDINGS › Subchapter D - DISCOVERY › SANCTIONS › Section 5.373 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
The provisions of this §
														5.373 amended under the Public
							 Utility Code,
							 66 Pa.C.S. §
															§
															501,
							 504-506,
							 1301 and
							 1501; reserved under the
							 Public Utility Code,
							 66 Pa.C.S. §
															§
															501,
							 504-506 and
							 1501.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart A - General Provisions › Chapter 5 - FORMAL PROCEEDINGS › Subchapter E - EVIDENCE AND WITNESSES › EVIDENCE › Section 5.401 - Admissibility of evidence

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Relevant
						and material evidence is admissible subject to objections on other
						grounds.
(b) Evidence will be
						excluded if:
(1) It is repetitious or
						cumulative.
(2) Its probative value
						is outweighed by:
(i) The danger of unfair
						prejudice.
(ii) Confusion of the
						issues.
(iii) Considerations of
						undue delay or waste of time.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart A - General Provisions › Chapter 5 - FORMAL PROCEEDINGS › Subchapter E - EVIDENCE AND WITNESSES › EVIDENCE › Section 5.402 - Admission of evidence

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A party
						shall move the admission of evidence into the record upon presentation of the
						sponsoring witness, and after opportunity for other parties to examine the
						witness.
(b) For an exhibit to be
						received into evidence, it shall be marked for identification and moved into
						evidence.
(c) Subsections (a) and
						(b) supersede 1 Pa. Code §
												35.162 (relating to reception and
						ruling on evidence).
The provisions of this §
														5.402 amended under the Public
							 Utility Code,
							 66 Pa.C.S. §
															§
															501,
							 504-506,
							 1301 and
							 1501.
This section cited in 52 Pa. Code §
														5.431 (relating to close of the
							 record).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart A - General Provisions › Chapter 5 - FORMAL PROCEEDINGS › Subchapter E - EVIDENCE AND WITNESSES › EVIDENCE › Section 5.403 - Control of receipt of evidence

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						The presiding officer shall have all necessary authority to control the receipt
						of evidence, including the following:
(1)
						Ruling on the admissibility of evidence.
(2) Confining the evidence to the issues in
						the proceeding and impose, where appropriate:
(i) Limitations on the number of witnesses to
						be heard.
(ii) Limitations of time
						and scope for direct and crossexaminations.
(iii) Limitations on the production of
						further evidence.
(iv) Other
						necessary limitations.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart A - General Provisions › Chapter 5 - FORMAL PROCEEDINGS › Subchapter E - EVIDENCE AND WITNESSES › EVIDENCE › Section 5.404 - Additional evidence

Current through Register Vol. 54, No. 28, July 13, 2024
(a) At any
						stage of the hearing or thereafter the Commission or the presiding officer may
						call for further admissible evidence upon an issue and require that the
						evidence be presented by the parties concerned, either at the hearing or at the
						adjournment thereof.
(b) Subsection
						(a) supersedes 1 Pa. Code §
												35.128 (relating to additional
						evidence).
The provisions of this §
														5.404 amended under the Public
							 Utility Code,
							 66 Pa.C.S. §
															§
															501,
							 504-506,
							 1301 and
							 1501.
This section cited in 52 Pa. Code §
														5.251 (relating to recording of
							 proceedings).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart A - General Provisions › Chapter 5 - FORMAL PROCEEDINGS › Subchapter E - EVIDENCE AND WITNESSES › EVIDENCE › Section 5.405 - Effect of pleadings

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						Pleadings listed in §
												5.1 (relating to pleadings
						allowed) shall, without further action, be considered as part of the record as
						pleadings.
(b) Except as provided
						in subsection (c) and in the case of a noncontested proceeding, a pleading, or
						any part thereof may not be considered as evidence of a fact other than that of
						filing thereof unless offered and received into evidence.
(c) A fact admitted by a party in an answer,
						filed under oath, to a numbered allegation in a pleading may be considered as
						evidence of the fact without the pleading and answer being offered and received
						into evidence.
(d) Subsections (a)
						and (b) supersede 1 Pa. Code §
												35.125(d)
						(relating to order of procedure). Subsection (c) supersedes 1 Pa. Code §
												35.35 (relating to answers to
						complaints and petitions).
The provisions of this §
														5.405 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 E - EVIDENCE AND WITNESSES › EVIDENCE › Section 5.406 - Public documents

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
						report, decision, opinion or other document or part thereof, need not be
						produced or marked for identification, but may be offered in evidence as a
						public document by specifying the document or part thereof and where it may be
						found, if the document is one of the following:
(1) A report or other document on file with
						the Commission.
(2) An official
						report, decision, opinion, published scientific or economic statistical data or
						similar public document which is issued by a governmental department, agency,
						committee, commission or similar entity which is shown by the offeror to be
						reasonably available to the public.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart A - General Provisions › Chapter 5 - FORMAL PROCEEDINGS › Subchapter E - EVIDENCE AND WITNESSES › EVIDENCE › Section 5.407 - Records of other proceedings

Current through Register Vol. 54, No. 28, July 13, 2024
(a) When a
						portion of the record in another proceeding before the Commission is offered in
						evidence and shown to be relevant and material to the instant proceeding, a
						true copy of the record shall be presented in the form of an exhibit, together
						with additional copies as provided in §
												5.409 (relating to copies and form
						of documentary evidence), unless both of the following occur:
(1) The party offering the record agrees to
						supply, within a period of time specified by the Commission or the presiding
						officer, the copies at his own expense, if any, when so required.
(2) The portion is specified with
						particularity so as to be readily identified, and upon motion is admitted into
						evidence by reference to the records of the other proceedings.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart A - General Provisions › Chapter 5 - FORMAL PROCEEDINGS › Subchapter E - EVIDENCE AND WITNESSES › EVIDENCE › Section 5.408 - Official and judicial notice of fact

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Official notice or judicial notice of
						facts may be taken by the Commission or the presiding officer.
(b) When the decision of the Commission or
						the presiding officer rests on official notice or judicial notice of a material
						fact not appearing in the evidence in the record, the parties will be so
						notified.
(c) Upon notification
						that facts are about to be or have been noticed, a party adversely affected
						shall have the opportunity upon timely request to show that the facts are not
						properly noticed or that alternative facts should be noticed.
(d) The Commission or the presiding officer
						in its discretion will determine whether written presentations suffice, or
						whether oral argument, oral evidence or cross-examination is appropriate in the
						circumstances.
(e) The Commission
						or presiding officer may also give official notice as the term is defined in
						section 331(g) of the act (relating to powers of commission and administrative
						law judges).
(f) Subsections
						(a)-(e) supersede 1 Pa. Code §
												35.173 (relating to official
						notice of facts).
The provisions of this §
														5.408 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 E - EVIDENCE AND WITNESSES › EVIDENCE › Section 5.409 - Copies and form of documentary evidence

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Except as otherwise provided in this
						chapter, Chapters 1 and 3 (relating to rules of administrative practice and
						procedure; and special provisions), when exhibits of a documentary character
						are offered in evidence, copies shall be furnished to the presiding officer and
						to the parties present at the hearing, unless the presiding officer otherwise
						directs. Two copies of each exhibit of documentary character shall be furnished
						for the use of the Commission unless otherwise directed by the presiding
						officer.
(b) Whenever practicable,
						all exhibits of a documentary character received in evidence must be on paper
						of good quality and so prepared as to be plainly legible and durable, whether
						printed, typewritten or otherwise reproduced, and conform to Chapter 1,
						Subchapter D (relating to documentary filings) whenever practicable.
(c) Subsection (a) is identical to 1 Pa. Code
						§
												35.169 (relating to copies to
						parties and agency). Subsection (b) is identical to 1 Pa. Code §
												35.168 (relating to form and size
						of documentary evidence).
The provisions of this §
														5.409 amended under the Public
							 Utility Code,
							 66 Pa.C.S. §
															§
															501,
							 504-506,
							 1301 and
							 1501.
This section cited in 52 Pa. Code §
														5.74 (relating to filing of
							 petitions to intervene); and 52 Pa. Code §
														5.407 (relating to records of
							 other proceedings).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart A - General Provisions › Chapter 5 - FORMAL PROCEEDINGS › Subchapter E - EVIDENCE AND WITNESSES › WITNESSES › Section 5.411 - Oral examination

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						Witnesses shall be examined orally unless the testimony is taken by deposition
						as provided in §
												§
												5.343-5.348 or the facts are stipulated
						in the manner provided in §
												5.232 (relating to stipulations
						made in conferences) or in §
												5.234 (relating to presentation
						and effect of stipulations) or the testimony is submitted in prepared written
						form as provided in §
												5.324 (relating to discovery of
						expert testimony). Witnesses whose testimony is to be taken shall be sworn, or
						shall affirm, before their testimony shall be deemed evidence in the proceeding
						or any questions are put to them.
(b) Subsection (a) is identical to 1 Pa. Code
						§
												35.137 (relating to oral
						examination).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart A - General Provisions › Chapter 5 - FORMAL PROCEEDINGS › Subchapter E - EVIDENCE AND WITNESSES › WITNESSES › Section 5.414 - Offers of proof

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An offer of
						proof may be requested when opposing counsel contends the witness is not
						competent to testify to the subject matter or that the evidence to be offered
						is inadmissible. An offer of proof also may be made when the presiding officer
						has sustained an objection to the admission of testimony or tangible evidence.
						If the proffered evidence is tangible, it shall be marked for identification
						and shall constitute the offer of proof. If the proffered evidence is oral
						testimony, the offer of proof shall consist of a summary of the evidence which
						counsel contends would be adduced by the testimony. The presiding officer may
						also request a statement of the basis for admissibility of the
						evidence.
(b) Subsection (a)
						supersedes 1 Pa. Code §
												35.190(b)
						(relating to appeals to agency head from rulings of presiding
						officers).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart A - General Provisions › Chapter 5 - FORMAL PROCEEDINGS › Subchapter E - EVIDENCE AND WITNESSES › SUBPOENAS › Section 5.421 - Subpoenas

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Issuance
.
(1) A subpoena may
						be issued by the Commission upon its own motion.
(2) Other than under paragraph (1), a
						subpoena will issue only upon application in writing to the presiding officer,
						except that during a hearing in a proceeding, the application may be made
						orally on the record before the presiding officer, who will determine the
						necessity of issuing the subpoena.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart A - General Provisions › Chapter 5 - FORMAL PROCEEDINGS › Subchapter E - EVIDENCE AND WITNESSES › SUBPOENAS › Section 5.423 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
This section has been replaced by 52 Pa. Code §
														5.365 (relating to orders to limit
							 availability of proprietary information).
The provisions of this §
														5.423 amended under the Public
							 Utility Code,
							 66 Pa.C.S. §
															§
															501,
							 504-506,
							 1301 and
							 1501; amended under the
							 Public Utility Confidential Security Information Disclosure Protection Act
							 (35
							 P. S. §
															§
															2141.1-2141.6); and
							 66 Pa.C.S. §
															§
															501 and
							 1501; reserved under the
							 Public Utility Code,
							 66 Pa.C.S. §
															§
															501,
							 504-506 and
							 1501.
This section cited in 52 Pa. Code §
														5.362 (relating to protective
							 orders); 52 Pa. Code §
														53.64 (relating to filing
							 requirements for natural gas distributors with gross intrastate annual
							 operating revenues in excess of $40 million); and 52 Pa. Code §
														71.9 (relating to financial
							 reports as public documents).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart A - General Provisions › Chapter 5 - FORMAL PROCEEDINGS › Subchapter E - EVIDENCE AND WITNESSES › SUBPOENAS › Section 5.424 - Issuance of subpoenas

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If
						issuance of a subpoena is required by operation of this chapter, or because a
						party or witness has not otherwise appeared, issuance of the subpoena shall be
						in accordance with §
												5.421 (relating to
						subpoenas).
(b) Subsection (a)
						supersedes 1 Pa. Code §
												35.142 (relating to
						subpoenas).
The provisions of this §
														5.424 issued under the Public
							 Utility Code,
							 66 Pa.C.S. §
															§
															501,
							 504,
							 523,
							 1301,
							 1501 and
							 1504.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart A - General Provisions › Chapter 5 - FORMAL PROCEEDINGS › Subchapter E - EVIDENCE AND WITNESSES › CLOSE OF THE RECORD › Section 5.431 - Close of the record

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The record
						will be closed at the conclusion of the hearing unless otherwise directed by
						the presiding officer or the Commission.
(b) After the record is closed, additional
						matter may not be relied upon or accepted into the record unless allowed for
						good cause shown by the presiding officer or the Commission upon
						motion.
(c) Subsections (a) and (b)
						supersede 1 Pa. Code §
												§
												35.231 and
						35.232 (relating to reopening on
						application of party; and reopening by presiding officer).
The provisions of this §
														5.431 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 F - PRESIDING OFFICERS › Section 5.481 - Designation of presiding officer

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 When evidence is to be taken in a proceeding, either the Commission or its
					 representative appointed according to law, may preside at the
					 hearing.
(b) Subsection (a) is
					 identical to 1 Pa. Code §
											35.185 (relating to designation of
					 presiding officers).
The provisions of this §
													5.481 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 F - PRESIDING OFFICERS › Section 5.482 - Disqualification of a presiding officer

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A party may file a motion for
					 disqualification of a presiding officer which shall be accompanied by
					 affidavits alleging personal bias or other disqualification.
(b) A presiding officer may withdraw from a
					 proceeding when deemed disqualified in accordance with law.
(c) A motion for disqualification shall be
					 served on the presiding officer and the parties to the proceeding.
(d) The presiding officer will rule upon a
					 motion for disqualification within 30 days of receipt. Failure to rule upon a
					 motion for disqualification within 30 days of its receipt will be deemed to be
					 a denial of the motion.
(e) The
					 ruling of the presiding officer on a motion for disqualification is subject to
					 the interlocutory appeal procedure in §
											5.303 (relating to Commission
					 action on petition for interlocutory review and answer).
(f) Subsections (a)-(e) supersede 1 Pa. Code
					 §
											35.186 (relating to
					 disqualification of a presiding officer).
The provisions of this §
													5.482 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 F - PRESIDING OFFICERS › Section 5.483 - Authority of presiding officer

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 The presiding officer will have the authority specified in the act, subject to
					 this title. This authority includes, but is not limited to, the power to
					 exclude irrelevant, immaterial or unduly repetitive evidence, to prevent
					 excessive examination of witnesses, to schedule and impose reasonable
					 limitations on discovery and to otherwise regulate the course of the
					 proceeding.
(b) Subsection (a)
					 supersedes 1 Pa. Code §
											35.187 (relating to authority
					 delegated to presiding officers).
The provisions of this §
													5.483 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 F - PRESIDING OFFICERS › Section 5.484 - Restrictions on duties and activities

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Presiding officers will perform no duties
					 inconsistent with the act, the rules of the Commission, or with their duties
					 and responsibilities.
(b) Except as
					 required for the disposition of ex parte matters not prohibited by the act, no
					 presiding officer will consult a person or party on a fact in issue unless upon
					 notice and opportunity for all parties to participate.
(c) Subsections (a) and (b) are identical to
					 1 Pa. Code §
											35.188 (relating to restrictions
					 on duties and activities).
The provisions of this §
													5.484 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 F - PRESIDING OFFICERS › Section 5.485 - Manner of conduct of hearings

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 The presiding officer will conduct a fair and impartial hearing and maintain
					 order.
(b) The presiding officer
					 may note on the record a party's disregard of a ruling. When necessary, the
					 presiding officer may submit a report to the Commission recommending suspension
					 and disbarment of the offending person as provided by §
											1.27 (referring to suspension and
					 disbarment).
(c) Subsections (a)
					 and (b) supersede 1 Pa. Code §
											35.189 (relating to manner of
					 conduct of hearings).
The provisions of this §
													5.485 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 F - PRESIDING OFFICERS › Section 5.486 - Unavailability of presiding officer

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 If a presiding officer becomes unavailable, the Chief Administrative Law Judge
					 may either designate another qualified officer to prepare the initial or
					 recommended decision or cause the record to be certified to the Commission for
					 decision.
(b) Subsection (a) is
					 identical to 1 Pa. Code §
											35.203 (relating to unavailability
					 of presiding officer).
The provisions of this §
													5.486 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 G - BRIEFS › Section 5.501 - Content and form of briefs

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Briefs
					 must contain the following:
(1) A concise
					 statement or counter-statement of the case.
(2) Reference to the pages of the record or
					 exhibits where the evidence relied upon by the filing party appears.
(3) An argument preceded by a summary. The
					 party with the burden of proof shall, in its main or initial brief, completely
					 address, to the extent possible, every issue raised by the relief sought and
					 the evidence adduced at hearing.
(4) A conclusion with requested
					 relief.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart A - General Provisions › Chapter 5 - FORMAL PROCEEDINGS › Subchapter G - BRIEFS › Section 5.502 - Filing and service of briefs

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Service
. Copies shall be served on the parties in accordance
					 with §
											1.59(b) and (c)
					 (relating to number of copies to be served).
(b)
Number of copies.
(1)
Paper filing
. An
					 original of a brief shall be filed with the Commission under §
												1.4 (relating to filing
					 generally).
(2)
Electronic
					 filing
.
(i) When the brief,
					 including attachments, is 250 pages or less and does not exceed 5 megabytes,
					 the filing user may file one electronic copy of the brief with the Commission
					 and is not required to file a paper copy.
(ii) When the brief, including attachments,
					 exceeds 250 pages but does not exceed 5 megabytes, the filing user may file one
					 electronic copy of the brief and shall also file an original of the brief in
					 paper form. The original shall be filed no later than 3 business days after the
					 electronic filing is made. The filing date for the brief in paper form for
					 purposes of this section will be determined in accordance with §
													1.11(a)(1)-(3)
					 (relating to date of filing).
(3)
Voluminous briefs
. When
					 the brief, including attachments, exceeds 5 megabytes, in addition to filing
					 the requisite number of hard copies in accordance with subsection (b)(1), a
					 CD-ROM or DVD containing the brief and an index to the brief shall be filed
					 with the Commission.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart A - General Provisions › Chapter 5 - FORMAL PROCEEDINGS › Subchapter H - EXCEPTIONS, APPEALS AND ORAL ARGUMENT › Section 5.531 - Certification of record without decision

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If a proceeding is referred to a
					 presiding officer, that officer will normally file a decision. The record will
					 be certified to the Commission without a decision of the presiding officer only
					 as required or allowed by the Commission.
(b) Subsection (a) supersedes 1 Pa. Code
					 §
											§
											35.201-35.207 (relating to proposed
					 reports generally).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart A - General Provisions › Chapter 5 - FORMAL PROCEEDINGS › Subchapter H - EXCEPTIONS, APPEALS AND ORAL ARGUMENT › Section 5.532 - Oral argument before presiding officer

Current through Register Vol. 54, No. 28, July 13, 2024
(a) When, in the opinion of the presiding
					 officer, time permits and the nature of the proceedings, the complexity or
					 importance of the issues of fact or law involved, and the public interest
					 warrant, the presiding officer may, either on the presiding officer's own
					 motion or at the request of a party, allow and fix a time for the presentation
					 of oral argument, imposing limits on the argument that are deemed
					 appropriate.
(b) Subsection (a)
					 supersedes 1 Pa. Code §
											35.204 (relating to oral argument
					 before presiding officer).
The provisions of this §
													5.532 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 H - EXCEPTIONS, APPEALS AND ORAL ARGUMENT › Section 5.533 - Procedure to except to initial, tentative and recommended decisions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) In a
					 proceeding, exceptions may be filed by a party and served within 20 days after
					 the initial, tentative or recommended decision is issued unless some other
					 exception period is provided. Exceptions may not be filed with respect to an
					 interlocutory decision.
(b) Each
					 exception must be numbered and identify the finding of fact or conclusion of
					 law to which exception is taken and cite relevant pages of the decision.
					 Supporting reasons for the exceptions shall follow each specific
					 exception.
(c) The exceptions must
					 be concise. The exceptions and supporting reasons must be limited to 40 pages
					 in length. Statements of reasons supporting exceptions must, insofar as
					 practicable, incorporate by reference and citation, relevant portions of the
					 record and passages in previously filed briefs. A separate brief in support of
					 or in reply to exceptions may not be filed with the Secretary under §
											1.4 (relating to filing
					 generally).
(d) An original shall
					 be filed with the Secretary under § 1.4. Filing users may file
					 electronically as provided by §
											1.37(b) (relating
					 to number of copies).
(e) Unless
					 otherwise ordered by the Commission, the provisions of §
											§
											1.11(a)(2) and (3)
					  and
					 1.56(b) (relating
					 to date of filing; and date of service) will not be available to extend the
					 time periods for filing exceptions.
(f) Subsections (a)-(e) supersede 1 Pa. Code
					 §
											§
											35.211 and
					 35.212 (relating to procedure to
					 except to proposed report; and content and form of briefs on
					 exceptions).
The provisions of this §
													5.533 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 §
													1.37 (relating to number of
						  copies); 52 Pa. Code §
													5.102 (relating to motions for
						  summary judgment and judgment on the pleadings); 52 Pa. Code §
													5.536 (relating to effect of
						  failure to file exceptions); and 52 Pa. Code §
													5.538 (relating to oral argument
						  before the Commission).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart A - General Provisions › Chapter 5 - FORMAL PROCEEDINGS › Subchapter H - EXCEPTIONS, APPEALS AND ORAL ARGUMENT › Section 5.535 - Replies

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A party has the
					 right to file a reply to an exception in proceedings before the Commission.
					 Unless otherwise directed by the presiding officer or Commission, a reply shall
					 be filed within 10 days of the date that an exception is due and be limited to
					 25 pages in length and in paragraph form. A reply must be concise and
					 incorporate by reference relevant passages in previously filed briefs. A reply
					 may not raise new arguments or issues, but be limited to responding to the
					 arguments or issues in the exception.
(b) Unless otherwise ordered by the
					 Commission, the provisions of §
											§
											1.11(a)(2) and (3)
					  and
					 1.56(b) (relating
					 to date of filing; and date of service) will not be available to extend the
					 time periods for filing replies to an exception.
(c) Subsections (a) and (b) supersede 1 Pa.
					 Code §
											35.211 (relating to procedure to
					 except to proposed report).
The provisions of this §
													5.535 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 H - EXCEPTIONS, APPEALS AND ORAL ARGUMENT › Section 5.536 - Effect of failure to file exceptions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If no exceptions are filed in a
					 proceeding included within §
											5.533(a)
					 (relating to procedure to except to initial, tentative and recommended
					 decisions), the decision of the administrative law judge will become final,
					 without further Commission action, unless, within 15 days after the decision is
					 issued, two or more Commissioners request that the Commission review the
					 decision.
(b) A tentative decision,
					 issued by the Commission, subject to exceptions, shall become final, without
					 further Commission action, if no exceptions are filed under §
					 5.333(a).
(c) Subsections (a) and
					 (b) supersede 1 Pa. Code §
											§
											35.213 and
					 35.226 (relating to effect of
					 failure to except to proposed report; and final orders).
The provisions of this §
													5.536 amended under the Public
						  Utility Code,
						  66 Pa.C.S. §
														§
														331,
						  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 H - EXCEPTIONS, APPEALS AND ORAL ARGUMENT › Section 5.537 - Rate case settlements

Current through Register Vol. 54, No. 28, July 13, 2024
Except where all parties to a settlement agree,
						settlements to rate proceedings will be subject to the same right to file
						exceptions and replies to exceptions provided in this
						subchapter.
This section cited in 52 Pa. Code §
													5.232 (relating to stipulations
						  and settlement petitions).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart A - General Provisions › Chapter 5 - FORMAL PROCEEDINGS › Subchapter H - EXCEPTIONS, APPEALS AND ORAL ARGUMENT › Section 5.538 - Oral argument before the Commission

Current through Register Vol. 54, No. 28, July 13, 2024
(a) In a case brought to the Commission by
					 the filing of an appeal, a request for oral argument before the Commission
					 shall be filed in writing together with the appeal.
(b) In a case where exceptions are filed
					 under §
											5.533(b)
					 (relating to procedure to except to initial, tentative and recommended
					 decisions) a request for oral argument before the Commission shall be filed in
					 writing together with exceptions to the tentative, recommended or initial
					 decision.
(c) In a case where no
					 tentative, recommended or initial decision will be issued, a request for oral
					 argument before the Commission shall be filed in writing together with the
					 initial or responding brief.
(d) If
					 oral argument is ordered, it shall be limited, unless otherwise specified, to
					 matters properly raised by the briefs.
(e) Subsections (a)-(d) supersede 1 Pa. Code
					 §
											§
											35.214 and
					 35.221 (relating to oral argument
					 on exceptions; and briefs and oral argument in absence of proposed
					 report).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart A - General Provisions › Chapter 5 - FORMAL PROCEEDINGS › Subchapter H - EXCEPTIONS, APPEALS AND ORAL ARGUMENT › Section 5.539 - Withdrawal of appeals

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The filing
					 of exceptions to a recommended or initial decision shall be deemed to be an
					 appeal to the Commission of the recommended or initial decision and is subject
					 to review by the Commission.
(b) An
					 appeal to the Commission may be withdrawn at any time. If the presiding
					 officer's previous decision is not otherwise subject to Commission review, it
					 becomes final and effective upon the filing of a notice of
					 withdrawal.
The provisions of this §
													5.539 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 I - REOPENING, RECONSIDERATION AND REHEARING › Section 5.571 - Reopening prior to a final decision

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 At any time after the record is closed but before a final decision is issued, a
					 party may file a petition to reopen the proceeding for the purpose of taking
					 additional evidence.
(b) A petition
					 to reopen must set forth clearly the facts claimed to constitute grounds
					 requiring reopening of the proceeding, including material changes of fact or of
					 law alleged to have occurred since the conclusion of the hearing.
(c) Within 10 days following the service of
					 the petition, another party may file an answer thereto.
(d) The record may be reopened upon
					 notification to the parties in a proceeding for the reception of further
					 evidence if there is reason to believe that conditions of fact or of law have
					 so changed as to require, or that the public interest requires, the reopening
					 of the proceeding.
(1) The presiding officer
					 may reopen the record if the presiding officer has not issued a decision or has
					 not certified the record to the Commission.
(2) The Commission may reopen the record
					 after the presiding officer has issued a decision or certified the record to
					 the Commission.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart A - General Provisions › Chapter 5 - FORMAL PROCEEDINGS › Subchapter I - REOPENING, RECONSIDERATION AND REHEARING › Section 5.572 - Petitions for relief

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Petitions
					 for rehearing, reargument, reconsideration, clarification, rescission,
					 amendment, supersedeas or the like must be in writing and specify, in numbered
					 paragraphs, the findings or orders involved, and the points relied upon by
					 petitioner, with appropriate record references and specific requests for the
					 findings or orders desired.
(b) A
					 copy of every petition covered by subsection (a) shall be served upon each
					 party to the proceeding.
(c)
					 Petitions for reconsideration, rehearing, reargument, clarification,
					 supersedeas or others shall be filed within 15 days after the Commission order
					 involved is entered or otherwise becomes final.
(d) Petitions for rescission or amendment may
					 be filed at any time according to the requirements of section 703(g) of the act
					 (relating to fixing of hearings).
(e) Answers to a petition covered by
					 subsection (a) shall be filed and served within 10 days after service of a
					 petition.
(f) Subsections (a)-(e)
					 supersede 1 Pa. Code §
											35.241 (relating to application
					 for rehearing or reconsideration).
The provisions of this §
													5.572 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 J - REPORTS OF COMPLIANCE › Section 5.591 - Reports of compliance

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
					 person subject to the jurisdiction of the Commission who is required to do or
					 perform an act by a Commission order, permit or license provision shall file
					 with the Secretary a notice stating that the requirement has or has not been
					 met or complied with.
(b) The
					 notice shall be filed within 30 days following the date when the requirement
					 becomes effective, unless the Commission, by regulation, by order or by making
					 specific provision thereof in a license or permit, provides otherwise for
					 compliance or proof of compliance. The notice shall be accompanied by a
					 verification in accordance with §
											1.36 (relating to verification and
					 affidavit).
(c) Subsections (a) and
					 (b) supersede 1 Pa. Code §
											35.251 (relating to reports of
					 compliance).
The provisions of this §
													5.591 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 J - REPORTS OF COMPLIANCE › Section 5.592 - Compliance with orders prescribing rates

Current through Register Vol. 54, No. 28, July 13, 2024
(a) When the Commission makes a final
					 decision concerning a rate filing and permits or requires the adoption of rates
					 other than the rates originally filed, the public utility affected shall file,
					 within 20 days of entry of the final order, a tariff revision consistent with
					 the Commission's decision together with a proof of revenues and supporting
					 calculations. The utility shall simultaneously serve copies of the tariff
					 revision, along with the proof of revenues and supporting calculations, on the
					 parties in the proceeding. A utility may also be required to provide an
					 electronic, red-lined copy of any filing made to assist the parties in promptly
					 identifying and analyzing the filing.
(b) Unless otherwise specified in the order,
					 the tariff revision shall be effective upon statutory notice to the Commission
					 and to the public and, whether made effective on statutory notice or under
					 authority granted in the order, shall bear under the effective date on the
					 title page the following notation: "Filed in compliance with the order of
					 Pennsylvania Public Utility Commission, entered,___ 2___ at.
(c) Exceptions to a tariff revision under
					 this section may be filed by a party to the proceeding within 10 days of the
					 date of service of the compliance filing, and shall be strictly limited in
					 scope to the factual issue of alleged deviation from requirements of the
					 Commission order. The utility making the compliance filing may respond to
					 exceptions within 5 days. No further pleadings will be permitted.
(d) No rates contained in a tariff revision
					 filed in compliance with a Commission order may be imposed prior to entry of a
					 subsequent order by the Commission approving the compliance filing.
					 Notwithstanding the filing of an exception, the Commission may allow the
					 compliance rates to become effective.
The provisions of this §
													5.592 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 K - APPEALS TO COURT › Section 5.631 - Notice of taking appeal

Current through Register Vol. 54, No. 28, July 13, 2024
When an appeal is taken from an order of the Commission
						to the Commonwealth Court, the appellant shall immediately give notice of the
						appeal to all parties to the Commission proceeding as provided by §
											1.54 (relating to service by a
						party).
The provisions of this §
													5.631 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 K - APPEALS TO COURT › Section 5.632 - Preparation and certification of records

Current through Register Vol. 54, No. 28, July 13, 2024
A record will not be certified as complete until copies
						of exhibits or other papers have been furnished when necessary to complete the
						Commission file. Copies will be requested by the Commission.
The provisions of this §
													5.632 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 K - APPEALS TO COURT › Section 5.633 - Certification of interlocutory orders

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 When the Commission has made an order which is not a final order, a party may
					 by motion request that the Commission find, and include the findings in the
					 order by amendment, that the order involves a controlling question of law as to
					 which there is a substantial ground for difference of opinion and that an
					 immediate appeal to Commonwealth Court from the order may materially advance
					 the ultimate termination of the matter. The motion shall be filed within 10
					 days after service of the order, and is procedurally governed by §
											5.103(a)-(c) 
					 (relating to hearing motions). Unless the Commission acts within 30 days after
					 the filing of the motion, the motion will be deemed denied.
(b) Neither the filing of a motion under
					 subsection (a), nor the adoption of an amended order containing the requested
					 finding, will stay a proceeding unless otherwise ordered by the Commission or
					 Commonwealth Court.
(c) Subsections
					 (a) and (b) supersede 1 Pa. Code §
											35.225 (relating to interlocutory
					 orders).
The provisions of this §
													5.633 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.