reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart A - General Provisions › Chapter 5 - FORMAL PROCEEDINGS › Subchapter B - HEARINGS › TRANSCRIPT › Section 5.251 - Recording of proceedings

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If
						required by law, hearings will be stenographically reported by the Commission's
						official reporter.
(b)
						Notwithstanding the review provisions of §
												5.252 (relating to review of
						testimony), the hearing transcript will be a part of the record and the sole
						official transcript of the proceeding.
(c) The transcripts will include a verbatim
						report of the hearings and nothing will be omitted therefrom except as is
						directed by the presiding officer. Changes in the transcript must be made as
						provided in §
												5.253 (relating to transcript
						corrections).
(d) Subsections
						(a)-(c) supersede 1 Pa. Code §
												35.131 (relating to recording of
						proceedings).
The provisions of this §
														5.251 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 B - HEARINGS › TRANSCRIPT › Section 5.252 - Review of testimony

Current through Register Vol. 54, No. 28, July 13, 2024
(a) In
						proceedings when testimony was electronically recorded and subsequently
						transcribed, a party may review the recording to ensure it was transcribed
						accurately.
(b) Review will not be
						permitted except upon written request within 20 days after the transcript has
						been filed with the Commission.
(c)
						Upon request for review, the Office of Administrative Law Judge will schedule a
						time and place for the review which shall be open to all parties. The court
						reporting firm shall submit the tapes and equipment necessary for the review
						and shall arrange for the court reporter responsible for transcribing the tapes
						to be present at the review.
(d)
						Actual costs associated with making the tapes available for review, including
						the time of the court reporter, shall be paid by the party requesting
						review.
(e) Nothing in this section
						requires the electronic recording of testimony.
The provisions of this §
														5.252 amended under the Public
							 Utility Code,
							 66 Pa.C.S. §
															§
															309-311,
							 315,
							 331-335,
							 501,
							 504-506,
							 701-703,
							 1101-1103,
							 1301 and
							 1501.
This section cited in 52 Pa. Code §
														5.251 (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 B - HEARINGS › TRANSCRIPT › Section 5.253 - Transcript corrections

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
						correction in the official transcript may be made only to make it accurately
						reflect the evidence presented at the hearing and to speak the truth.
(b) Proposed corrections of a transcript may
						be submitted by either of the following means:
(1) By written stipulation by the parties of
						record who were present when the transcription was taken.
(2) Upon written request of one or more
						parties of record present when the transcription was taken.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart A - General Provisions › Chapter 5 - FORMAL PROCEEDINGS › Subchapter B - HEARINGS › TRANSCRIPT › Section 5.254 - Copies of transcripts

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A party
						or other person desiring copies of the transcript may obtain copies from the
						official reporter upon payment of the fees fixed therefore.
(b) Subsection (a) supersedes 1 Pa. Code
						§
												35.133 (relating to copies of
						transcripts).
The provisions of this §
														5.254 amended under the Public
							 Utility Code,
							 66 Pa.C.S. §
															§
															331 and
							 501.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart A - General Provisions › Chapter 5 - FORMAL PROCEEDINGS › Subchapter C - INTERLOCUTORY REVIEW › Section 5.301 - Interlocutory review generally

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
					 Commission will not permit interlocutory review of rulings made by a presiding
					 officer during the course of proceedings, except as permitted by the act and as
					 specified in this subchapter.
(b)
					 Subsection (a) supersedes 1 Pa. Code §
											35.190 (relating to appeals to
					 agency head from rulings of presiding officers).
The provisions of this §
													5.301 amended under the Public
						  Utility Code,
						  66 Pa.C.S. §
														§
														309-311,
						  315,
						  331-335,
						  501,
						  504-506,
						  701-703,
						  1101-1103,
						  1301 and
						  1501.
This section cited in 52 Pa. Code §
													5.304 (relating to interlocutory
						  review of discovery matters).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart A - General Provisions › Chapter 5 - FORMAL PROCEEDINGS › Subchapter C - INTERLOCUTORY REVIEW › Section 5.302 - Petition for interlocutory Commission review and answer to a material question

Current through Register Vol. 54, No. 28, July 13, 2024
(a) During the
					 course of a proceeding, a party may file a timely petition directed to the
					 Commission requesting review and answer to a material question which has arisen
					 or is likely to arise. The petition must be in writing with copies served on
					 all parties and the presiding officer and state, in not more than three pages,
					 the question to be answered and the compelling reasons why interlocutory review
					 will prevent substantial prejudice or expedite the conduct of the
					 proceeding.
(b) Within 10 days of
					 service of the petition, each party may submit a brief directed to the
					 Commission supporting or opposing the petition and addressing the merits of the
					 question for which an answer is requested and whether a stay of proceedings is
					 required to protect the substantial rights of a party. The brief may not exceed
					 15 pages.
(c) The petitioning party
					 shall also provide with the brief rulings on its question and extracts from the
					 record as will assist the Commission in reaching a decision.
(d) Additional briefs are not permitted
					 unless directed by the Commission.
The provisions of this §
													5.302 amended under the Public
						  Utility Code,
						  66 Pa.C.S. §
														§
														501,
						  504-506,
						  1301 and
						  1501.
This section cited in 52 Pa. Code §
													5.304 (relating to interlocutory
						  review of discovery matters).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart A - General Provisions › Chapter 5 - FORMAL PROCEEDINGS › Subchapter C - INTERLOCUTORY REVIEW › Section 5.303 - Commission action on petition for interlocutory review and answer

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Within 30 days
					 of receipt of the petition, the Commission will, without permitting oral
					 argument, do one of the following:
(1)
					 Continue, revoke or grant a stay of proceedings if necessary to protect the
					 substantial rights of the parties.
(2) Determine that the petition was improper
					 and return the matter to the presiding officer.
(3) Decline to answer the question.
(4) Answer the question.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart A - General Provisions › Chapter 5 - FORMAL PROCEEDINGS › Subchapter C - INTERLOCUTORY REVIEW › Section 5.304 - Interlocutory review of discovery matters

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General
. Rulings of
					 presiding officers on discovery are not subject to interlocutory review unless
					 one or more of the following apply:
(1)
					 Interlocutory review is ordered by the Commission.
(2) Interlocutory review is certified by the
					 presiding officer.
(3) The ruling
					 has as its subject matter the deposing of a Commissioner or Commission
					 employee.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart A - General Provisions › Chapter 5 - FORMAL PROCEEDINGS › Subchapter C - INTERLOCUTORY REVIEW › Section 5.305 - Interlocutory review of a material question submitted by a presiding officer

Current through Register Vol. 54, No. 28, July 13, 2024
(a) During the
					 course of a proceeding, a presiding officer may certify to the Commission for
					 review and answer a material question which has arisen or is likely to arise.
					 The question will be accompanied by the following:
(1) An explanation of the compelling reasons
					 why interlocutory review will prevent prejudice or expedite the conduct of the
					 proceeding.
(2) A statement as to
					 whether a stay of the proceedings has been placed in effect.
(3) An extract from the record that will
					 assist the Commission.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart A - General Provisions › Chapter 5 - FORMAL PROCEEDINGS › Subchapter C - INTERLOCUTORY REVIEW › Section 5.306 - Expedited notification

Current through Register Vol. 54, No. 28, July 13, 2024
A presiding officer may order notification of parties by
						telephone, telefacsimile or other electronic means when time periods are short
						and delivery by mail may not prove adequate. Notification by means other than
						by mail will be confirmed by the presiding officer by service in writing and a
						filing will be made with the Secretary regarding
						confirmation.
The provisions of this §
													5.306 adopted 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 D - DISCOVERY › GENERAL › Section 5.321 - Scope

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Applicability
. This subchapter applies to a proceeding in
						which:
(1) A complaint, protest or other
						adverse pleading has been filed.
(2) The Commission institutes an
						investigation.
(3) The Commission
						institutes an on-the-record proceeding.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart A - General Provisions › Chapter 5 - FORMAL PROCEEDINGS › Subchapter D - DISCOVERY › GENERAL › Section 5.322 - Informal agreement regarding discovery or deposition procedure

Current through Register Vol. 54, No. 28, July 13, 2024
The parties may by agreement provide that depositions
						  may be taken before a person authorized to administer oaths, at any time or
						  place, upon any notice, and in any manner, and when so taken may be used like
						  other depositions. The parties may modify the procedures provided by this
						  chapter for methods of discovery and, notwithstanding any provisions of this
						  subchapter, parties are encouraged to exchange information on an informal
						  basis.
The provisions of this §
														5.322 amended under the Public
							 Utility Code,
							 66 Pa.C.S. §
															§
															501,
							 504-506,
							 1301 and
							 1501.
This section cited in 52 Pa. Code §
														5.343 (relating to procedures in
							 deposition by oral examination); 52 Pa. Code §
														5.350 (relating to request for
							 admissions); and 52 Pa. Code §
														5.351 (relating to on the record
							 data requests).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart A - General Provisions › Chapter 5 - FORMAL PROCEEDINGS › Subchapter D - DISCOVERY › GENERAL › Section 5.323 - Hearing preparation material

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Generally
. Subject to this subchapter and consistent with Pa.
						R.C.P. 4003.3 (relating to scope of discovery trial preparation material
						generally), a party may obtain discovery of any matter discoverable under
						§
												5.321(b)
						(relating to scope) even though prepared in anticipation of litigation or
						hearing by or for another party or by or for that other party's representative,
						including his attorney, consultant, surety, indemnitor, insurer or agent. The
						discovery may not include disclosure of the mental impressions of a party's
						attorney or his conclusions, opinions, memoranda, notes, summaries, legal
						research or legal theories. With respect to the representative of a party other
						than the party's attorney, discovery may not include disclosure of his mental
						impressions, conclusions or opinions respecting the value or merit of a claim
						or defense or respecting strategy, tactics or preliminary or draft versions of
						written testimony or exhibits, whether or not final versions of the testimony
						or exhibits are offered into evidence.
(b)
Statements
. Upon written
						request, a party is entitled to immediate receipt of a photostatic copy or like
						reproduction of a statement concerning the action or its subject matter
						previously made by that party, another party or a witness. If the statement is
						not provided, the party may move for an order from the presiding officer. For
						purposes of this subsection, a statement previously made is one of the
						following:
(1) A written statement signed or
						otherwise adopted or approved by the person making it.
(2) A stenographic, mechanical, electrical or
						other recording, or a transcription thereof, which is a substantially verbatim
						recital of an oral statement by the person making it and contemporaneously
						recorded.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart A - General Provisions › Chapter 5 - FORMAL PROCEEDINGS › Subchapter D - DISCOVERY › GENERAL › Section 5.324 - Discovery of expert testimony

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						Consistent with Pa.R.C.P. 4003.5 (relating to discovery of expert testimony
						trial preparation material), discovery of facts known and opinions held by an
						expert, otherwise discoverable under §
												5.321 (relating to scope),
						including that acquired or developed in anticipation of litigation or for
						hearing, may be obtained as follows:
(1) A
						party may through interrogatories require both of the following:
(i) That the other party identify each person
						whom the party expects to call as an expert witness at hearing and to state the
						subject matter on which the expert is expected to testify.
(ii) That the other party have each expert so
						identified state the substance of the facts and opinions to which the expert is
						expected to testify and a summary of the grounds for each opinion. The party
						answering the interrogatories may file as the answer a report of the expert,
						have the interrogatories answered by the expert or provide written direct
						testimony of the expert. The answer, separate report or testimony shall be
						signed by the expert and shall be deemed to be provided under oath in
						accordance with section 333(d) of the act (relating to prehearing
						procedures).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart A - General Provisions › Chapter 5 - FORMAL PROCEEDINGS › Subchapter D - DISCOVERY › TIMING AND SUPPLEMENTAL RESPONSES › Section 5.331 - Sequence and timing of discovery

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						A party to the Commission proceeding may conduct discovery.
(b) A party shall initiate discovery as early
						in the proceedings as reasonably possible. In a proceeding, the right to
						discovery commences when a complaint, protest or other adverse pleading is
						filed or when the Commission institutes an investigation or on the record
						proceeding, whichever is earlier.
(c) Commission staff may initiate discovery
						at an earlier time. Commission staff discovery prior to formal Commission
						action to initiate a proceeding shall be designated as "Staff data requests"
						and shall be answered fully and completely by the utility within the time
						periods specified in §
												5.342(d)
						(relating to answers or objections to written interrogatories by a party).
						Unless a presiding officer has been designated, objections and motions to
						compel shall be ruled upon by the Chief Administrative Law Judge.
(d) In a rate proceeding, initial discovery
						directed to data or information supplied by the public utility at the time of
						the initiation of the proceeding shall be submitted to the utility within 10
						working days following the first prehearing conference. The presiding officer
						may establish reasonable limitations upon the timing of discovery.
(e) Unless the presiding officer upon motion,
						for the convenience of parties and witnesses and in the interests of justice,
						orders otherwise, methods of discovery may be used in any sequence and the fact
						that a party is conducting discovery will not operate to delay another party's
						discovery.
The provisions of this §
														5.331 amended under the Public
							 Utility Code,
							 66 Pa.C.S. §
															§
															309-311,
							 315,
							 331-335,
							 501,
							 504-506,
							 701-703,
							 1101-1103,
							 1301 and
							 1501.
This section cited in 52 Pa. Code §
														5.351 (relating to on the record
							 data requests).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart A - General Provisions › Chapter 5 - FORMAL PROCEEDINGS › Subchapter D - DISCOVERY › TIMING AND SUPPLEMENTAL RESPONSES › Section 5.332 - Supplementing responses

Current through Register Vol. 54, No. 28, July 13, 2024
A party or an expert witness who has responded to a
						  request for discovery with a response that was complete when made is under a
						  duty to supplement a response to include information thereafter acquired, as
						  follows:
(1) A party is under a
						continuing duty to supplement responses with respect to a question directly
						addressed to the identity and location of persons having knowledge of
						discoverable matters and the identity of each person expected to be called as
						an expert witness at hearing, the subject matter on which the expert is
						expected to testify and the substance of the testimony as provided in §
												5.324(a)(1)
						(relating to discovery of expert testimony).
(2) A party or an expert witness is under a
						continuing duty to amend a prior response upon discovering that the response is
						incorrect or incomplete.
(3) A duty
						to supplement responses may be imposed by order of the presiding officer,
						agreement of the parties, or at a time prior to hearing through new requests to
						supplement prior responses.
The provisions of this §
														5.332 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 D - DISCOVERY › TYPES OF DISCOVERY › Section 5.341 - Written interrogatories to a party

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Subject to the limitations provided by
						§
												5.361 (relating to limitation of
						scope of discovery and deposition), a party may serve upon another party
						written interrogatories to be answered by the party served or, if the party
						served is a public or private corporation, similar entity or a partnership or
						association, by an officer or agent, who shall furnish the information as is
						available to the party.
(b) The
						party propounding interrogatories shall serve a copy on the parties and shall
						file a certificate of service with the Secretary. Interrogatories may not be
						filed with the Commission.
(c)
						Interrogatories may relate to matters which can be inquired into under §
												§
												5.321,
						5.323 and
						5.324 (relating to scope; hearing
						preparation material; and discovery of expert testimony) and may include
						requests that the answering party provide copies of documents without making a
						separate request for the production of documents under §
												5.349 (relating to requests for
						documents, entry for inspection and other purposes).
(d) Each interrogatory should be limited to a
						single question or request for information.
(e) A party should use a logical and
						sequential numbering system for interrogatories.
The provisions of this §
														5.341 amended under the Public
							 Utility Code,
							 66 Pa.C.S. §
															§
															309-311,
							 315,
							 331-335,
							 501,
							 504-506,
							 701-703,
							 1101-1103,
							 1301 and
							 1501.
This section cited in 52 Pa. Code §
														5.349 (relating to requests for
							 documents, entry for inspection and other
							 purposes).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart A - General Provisions › Chapter 5 - FORMAL PROCEEDINGS › Subchapter D - DISCOVERY › TYPES OF DISCOVERY › Section 5.342 - Answers or objections to written interrogatories by a party

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Form
. Answers to interrogatories must:
(1) Be in writing.
(2) Identify the name and position of the
						individual who provided the answer.
(3) Be submitted as an answer and may not be
						submitted as an exhibit or in another form.
(4) Answer each interrogatory fully and
						completely unless an objection is made.
(5) Restate the interrogatory which is being
						answered or be inserted in the spaces provided in the
						interrogatories.
(6) Be verified in
						accordance with §
													1.36 (relating to
						verification).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart A - General Provisions › Chapter 5 - FORMAL PROCEEDINGS › Subchapter D - DISCOVERY › TYPES OF DISCOVERY › Section 5.344 - Approval by presiding officer

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						Notice of the deposition served upon the presiding officer, under §
												5.343(a)
						(relating to procedures in deposition by oral examination), constitutes an
						application for an order to take a deposition under section 333(b) of the act
						(relating to prehearing procedures). The copy served on the presiding officer
						shall have attached a proposed order containing the following language:
						"Application granted. So Ordered this ___ day _____of ." and bear a signature
						line for the presiding officer.
(b)
						The application will be granted by the presiding officer, except as provided in
						§
												5.324(a)(3)
						(relating to discovery of expert testimony), or for failure to comply with
						§
												5.343 or subsection (c), or if
						objected to within 10 days. The presiding officer will consider a timely filed
						objection and §
												§
												5.324(a)(3),
						5.343 and subsection (c) before
						ruling upon the application.
(c) If
						a party provides notice scheduling the taking of a deposition prior to an
						expiration of 20 days after initiation of the proceedings, the party shall set
						forth the facts requiring the expedited discovery, and the presiding officer
						will consider whether expedited discovery is warranted.
(d) Subsections (a)-(c) supersede 1 Pa. Code
						§
												35.147 (relating to authorization
						of taking deposition).
The provisions of this §
														5.344 amended under the Public
							 Utility Code,
							 66 Pa.C.S. §
															§
															309-311,
							 315,
							 331-335,
							 501,
							 504-506,
							 701-703,
							 1101-1103,
							 1301 and
							 1501.
This section cited in 52 Pa. Code §
														5.343 (relating to procedures in
							 deposition by oral examination); 52 Pa. Code §
														5.347 (relating to
							 depositions-objections); and 52 Pa. Code §
														5.411 (relating to oral
							 examination).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart A - General Provisions › Chapter 5 - FORMAL PROCEEDINGS › Subchapter D - DISCOVERY › TYPES OF DISCOVERY › Section 5.345 - Procedure on depositions by written questions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A party taking a deposition by written
						questions shall serve the questions upon the deponent and serve a copy upon
						each other party or his attorney of record. Within 30 days thereafter the party
						served and other parties may serve cross questions upon the deposing party and
						upon each other party or the attorney of record. Reply questions shall be
						similarly served by a party within 10 days of the service of cross
						questions.
(b) The questions must
						contain a notice stating the name and address of each person to be examined if
						known, and, if the name is not known, a general description sufficient to
						identify him or the particular class or group to which he belongs. A deposition
						upon written questions may be taken of a public or private corporation, a
						partnership or association, or a governmental agency in accordance with §
												5.343(e)
						(relating to procedures in deposition by oral examination).
(c) Objections to the form of questions are
						waived unless filed and served upon the party propounding them within the time
						allowed for serving the succeeding cross or other questions or within 10 days
						after service of the last questions. Other objections may be made at the
						hearing except as otherwise provided by §
												§
												5.346-5.348 (relating to persons before
						whom depositions may be taken; taking of depositions-objections; and transcript
						of deposition, objections and filing).
(d) A copy of questions for the taking of a
						deposition, as well as a signature page and envelope bearing the caption and
						marked "Deposition of _____ " (name of witness), shall be transmitted to the
						person being deposed who shall complete, certify and return the completed
						deposition to the sender.
(e) After
						the service of questions and prior to the taking of the testimony of the
						deponent, the presiding officer, on motion promptly made by a party or a
						deponent, may make an order in accordance with §
												5.362 (relating to protective
						orders) or an order that the deposition may not be taken except upon oral
						examination.
The provisions of this §
														5.345 amended under the Public
							 Utility Code,
							 66 Pa.C.S. §
															§
															501,
							 504-506,
							 1301 and
							 1501.
This section cited in 52 Pa. Code §
														1.8 (relating to definitions); 52
							 Pa. Code §
														5.364 (relating to use of
							 depositions at hearing); and 52 Pa. Code §
														5.411 (relating to oral
							 examination).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart A - General Provisions › Chapter 5 - FORMAL PROCEEDINGS › Subchapter D - DISCOVERY › TYPES OF DISCOVERY › Section 5.346 - Persons before whom depositions may be taken

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Within the United States or within a
						territory or possession subject to the dominion of the United States,
						depositions other than by interrogatories shall be taken before an officer
						authorized to administer oaths by the laws of the United States, of the
						Commonwealth or of the place where the examination is held, or before a person
						appointed by the presiding officer. A person so appointed shall have power to
						administer oaths and take testimony.
(b) No deposition may be taken before a
						person who is a relative, employe or attorney of any of the parties, who is a
						relative or employe of the attorney, or who is financially interested in the
						action.
(c) Depositions by written
						questions need only be answered under oath and notarized.
(d) Attendance of a witness at a deposition
						may be compelled by subpoena.
(e)
						Subsections (a)-(d) supersede 1 Pa. Code §
												35.148 (relating to officer before
						whom deposition is taken).
The provisions of this §
														5.346 amended under the Public
							 Utility Code,
							 66 Pa.C.S. §
															§
															501,
							 504-506,
							 1301 and
							 1501.
This section cited in 52 Pa. Code §
														1.8 (relating to defintions); 52
							 Pa. Code §
														5.345 (relating to procedure on
							 depositions by written questions); and 52 Pa. Code §
														5.411 (relating to oral
							 examination).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart A - General Provisions › Chapter 5 - FORMAL PROCEEDINGS › Subchapter D - DISCOVERY › TYPES OF DISCOVERY › Section 5.347 - Taking of depositions-objections

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Objection to taking a deposition because
						of the disqualification of the person before whom it is to be taken is waived
						unless made before the taking of the deposition begins or as soon thereafter as
						the disqualification becomes known or could be discovered with reasonable
						diligence.
(b) Objections to the
						competency of a witness or to the competency, relevancy or materiality of the
						testimony are not waived by failure to make them before or during the taking of
						the deposition, unless the ground for the objection is one which was known to
						the objecting party and which might have been obviated or removed if made at
						that time.
(c) Errors and
						irregularities occurring at the oral examination in the manner of taking the
						deposition, in the form of oral questions or answers, in the oath or
						affirmation or in the conduct of parties and errors which might have been
						obviated, removed or cured if objections had been promptly made, are waived
						unless reasonable objection is made at the taking of the deposition.
(d) Errors and irregularities in the notice
						for taking a deposition are waived unless written objection is served upon the
						party giving the notice under §
												5.344 (relating to approval by
						presiding officer).
(e) Subsections
						(a)-(d) supersede 1 Pa. Code §
												35.151 (relating to status of
						deposition as part of record).
The provisions of this §
														5.347 amended under the Public
							 Utility Code,
							 66 Pa.C.S. §
															§
															501,
							 504-506,
							 1301 and
							 1501.
This section cited in 52 Pa. Code §
														5.345 (relating to procedure on
							 depositions by written questions); 52 Pa. Code §
														5.364 (relating to use of
							 depositions at hearing); and 52 Pa. Code §
														5.411 (relating to oral
							 examination).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart A - General Provisions › Chapter 5 - FORMAL PROCEEDINGS › Subchapter D - DISCOVERY › TYPES OF DISCOVERY › Section 5.348 - Transcript of deposition, objections and filing

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The person before whom the deposition is
						taken shall put the witness on oath or affirmation and shall personally, or by
						someone acting under his direction and in his presence, record the testimony of
						the witness.
(b) The testimony of
						the witness shall be transcribed. Objections to the manner of preparation or
						the correctness of the transcript are waived unless they are filed in writing
						with the presiding officer promptly after the grounds of objection become known
						or could have been discovered with reasonable diligence.
(c) When the testimony is fully transcribed,
						a copy of the deposition with the original signature page shall be submitted to
						the witness for inspection and signing and shall be read to or by him and shall
						be signed by him unless the witness is ill or cannot be found or refuses to
						sign. Changes which the witness desires to make shall be entered upon the
						deposition by the person before whom it was taken with a statement of the
						reasons given by the witness for making the changes. If the deposition is not
						signed by the witness within 30 days of its submission to him, the person
						before whom the deposition was taken shall sign it and state on the record why
						it was not signed. The deposition may then be used as fully as though signed,
						unless the presiding officer holds that the reasons given for the refusal to
						sign require rejection of the deposition in whole or in part.
(d) The person before whom the deposition is
						taken shall certify on the deposition that the witness was sworn by the person
						and the deposition is a true record of the testimony given by the
						witness.
(e) In lieu of
						participating in the oral examination, parties served with notice of taking a
						deposition may transmit written questions to the person taking the deposition,
						who shall propound them to the witness and record the answers
						verbatim.
(f) Upon payment of
						reasonable charges, the person before whom the deposition was taken shall
						furnish a copy thereof to parties or to the deponent.
(g) Subsections (a)-(f) supersede 1 Pa. Code
						§
												35.149 (relating to oath and
						reduction to writing).
The provisions of this §
														5.348 amended under the Public
							 Utility Code,
							 66 Pa.C.S. §
															§
															501,
							 504-506,
							 1301 and
							 1501.
This section cited in 52 Pa. Code §
														5.345 (relating to procedure on
							 depositions by written questions); and 52 Pa. Code §
														5.411 (relating to oral
							 examination).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart A - General Provisions › Chapter 5 - FORMAL PROCEEDINGS › Subchapter D - DISCOVERY › TYPES OF DISCOVERY › Section 5.349 - Requests for documents, entry for inspection and other purposes

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A party may
						serve on another party a request for either of the following:
(1) To produce and permit the party making
						the request, or someone acting on the party's behalf, to inspect and copy
						designated documents-including writings, drawings, graphs, charts, photographs,
						computer records and other compilations of data from which information can be
						obtained, translated, if necessary, by the respondent through detection devices
						into reasonable usable form-or to inspect a copy, test or sample tangible
						things which constitute or contain matters within the scope of §
													§
													5.321(b),
						5.323 and
						5.324 (relating to scope; hearing
						preparation material; and discovery of expert testimony) and which are in the
						possession, custody or control of the party upon whom the request is
						served.
(2) To permit entry upon
						designated land or other property in the possession or control of the party
						upon whom the request is served for the purpose of inspecting and measuring,
						surveying, photographing, testing or sampling the property or a designated
						object or operation thereon, within the scope of §
													§ 5.321(b), 5.323
						and 5.324.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart A - General Provisions › Chapter 5 - FORMAL PROCEEDINGS › Subchapter D - DISCOVERY › TYPES OF DISCOVERY › Section 5.350 - Request for admissions

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General
. A party may serve upon another party a written
						request for the admission of the truth of any matters, within the scope of
						§
												§
												5.321-5.324 (relating to general
						discovery), set forth in the request, that relate to statements or opinions of
						fact or of the application of law to fact, including the genuineness,
						authenticity, correctness, execution, signing, delivery, mailing or receipt of
						a document described in the request. Copies of documents shall be served with
						the request unless they have been or are otherwise furnished or available for
						inspection and copying.
(b)
Form
. Each matter of which an admission is requested shall be
						separately set forth.
(c)
Failure to admit
. The matter is admitted unless, within 20
						days after service of the request, the party to whom the request is directed
						answers or makes an objection to the matter, signed by the party or by his
						attorney.
(d)
Response
.
(1)
Answer
. The answer must admit or deny the matter or set forth
						in detail the reasons why the answering party cannot truthfully do
						so.
(2)
Denial
. A
						denial shall fairly meet the substance of the requested admission, and when
						good faith requires that a party qualify an answer or deny only a part of the
						matter of which an admission is requested, the party shall specify so much of
						it as is true and qualify or deny the remainder. An answering party may not
						give lack of information or knowledge as a reason for failure to admit or deny
						unless the party states he has made reasonable inquiry and that the information
						known or readily obtainable by him is insufficient to enable him to admit or
						deny.
(3)
Objection
. Grounds for objections must be specifically stated.
						A party who considers that a matter of which an admission has been requested
						presents a genuine issue for hearing may not, on that ground alone, object to
						the request.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart A - General Provisions › Chapter 5 - FORMAL PROCEEDINGS › Subchapter D - DISCOVERY › TYPES OF DISCOVERY › Section 5.351 - On the record data requests

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
						party may request that a witness provide information or documents at a later
						time as part of the witness' response to a question posed during
						cross-examination in the course of a rate proceeding. The request may be made
						orally or in writing and shall be presented at the time the witness appears for
						cross-examination.
(b) Answers
						shall be supplied as directed by the presiding officer. If no time period is
						set, the response period may be no later than 10 days after the request is
						made.
(c) Objections to a request
						shall be made at the time that the request is made.
The provisions of this §
														5.351 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 D - DISCOVERY › LIMITATIONS › Section 5.361 - Limitation of scope of discovery and deposition

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Discovery or deposition is not permitted
						which:
(1) Is sought in bad faith.
(2) Would cause unreasonable annoyance,
						embarrassment, oppression, burden or expense to the deponent, a person or
						party.
(3) Relates to matter which
						is privileged.
(4) Would require
						the making of an unreasonable investigation by the deponent, a party or
						witness.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart A - General Provisions › Chapter 5 - FORMAL PROCEEDINGS › Subchapter D - DISCOVERY › LIMITATIONS › Section 5.362 - Protective orders

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Upon motion
						by a party or by the person from whom discovery or deposition is sought, and
						for good cause shown, the presiding officer may make an order which justice
						requires to protect a party or person from unreasonable annoyance,
						embarrassment, oppression, burden or expense, including one or more of the
						following:
(1) The discovery or deposition
						shall be prohibited.
(2) The
						discovery or deposition shall be only on specified terms and conditions,
						including a designation of the method, time or place.
(3) The scope of discovery or deposition
						shall be limited and that certain matters may not be inquired into.
(4) Discovery or deposition shall be
						conducted with no one present except persons designated by the presiding
						officer.
(5) A deposition shall be
						sealed and shall be opened only by order of the presiding officer.
(6) The parties simultaneously shall file
						specified documents or information enclosed in sealed envelopes to be opened as
						directed by the presiding officer.
(7) A trade secret or other confidential
						research, development or commercial information may not be disclosed or be
						disclosed only in a designated way. Protective orders to protect or limit this
						type of information shall be issued under §
													5.423 (relating to orders to limit
						availability of proprietary information).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart A - General Provisions › Chapter 5 - FORMAL PROCEEDINGS › Subchapter D - DISCOVERY › LIMITATIONS › Section 5.363 - Stay of proceedings

Current through Register Vol. 54, No. 28, July 13, 2024
The filing of a motion for a protective order shall
						  stay the deposition, production, entry on land or other discovery to which the
						  motion is directed until the presiding officer rules on the motion or for a
						  period of 10 days, whichever is shorter, where the presiding officer does not
						  rule on the motion by the tenth day after its filing, the stay will be deemed
						  lifted and the discovery shall proceed.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart A - General Provisions › Chapter 5 - FORMAL PROCEEDINGS › Subchapter D - DISCOVERY › LIMITATIONS › Section 5.364 - Use of depositions at hearing

Current through Register Vol. 54, No. 28, July 13, 2024
(a) At hearing, part or all of a deposition,
						so far as admissible under
						42 Pa.C.S. §
													§
													6101-6112 (relating to rules of evidence),
						may be used against a party who was present or represented at the taking of the
						deposition or who had notice thereof if required, in accordance with one of the
						following provisions:
(1) A deposition may be
						used by a party for the purpose of contradicting or impeaching the testimony of
						deponent as a witness.
(2) The
						deposition of a party or of anyone who at the time of taking the deposition was
						an officer, director or managing agent of a party or a person designated under
						§
													§
													5.343(e) or
						5.345(a)(2)
						(relating to procedures in deposition by oral examination; and procedure on
						depositions by written questions) to testify on behalf of a public or private
						corporation, partnership, association or governmental agency which is a party,
						may be used by an adverse party for any purpose.
(3) The deposition of a witness may be used
						by a party for a purpose if the presiding officer finds one of the following:
(i) The witness is dead.
(ii) The witness is outside this
						Commonwealth, unless it appears that the absence of the witness was procured by
						the party offering the deposition.
(iii) The witness is unable to attend or
						testify because of age, sickness, infirmity or imprisonment.
(iv) The party offering the deposition has
						been unable to procure the attendance of the witness by subpoena.
(v) Upon application and notice that
						exceptional circumstances exist to make it desirable, in the interest of
						justice and with regard to the importance of presenting the witnesses in
						hearing, to allow the deposition to be used.
(4) If only part of a deposition is offered
						in evidence by a party, another party may require him to introduce all of it
						which is relevant to the part introduced, and a party may introduce other
						parts.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart A - General Provisions › Chapter 5 - FORMAL PROCEEDINGS › Subchapter D - DISCOVERY › LIMITATIONS › Section 5.365 - Orders to limit availability of proprietary information

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General rule for adversarial
						proceedings.
A petition for protective order to limit the disclosure
						of a trade secret or other confidential information on the public record will
						be granted only when a party demonstrates that the potential harm to the party
						of providing the information would be substantial and that the harm to the
						party if the information is disclosed without restriction outweighs the
						public's interest in free and open access to the administrative hearing
						process. A protective order to protect trade secrets or other confidential
						information will apply the least restrictive means of limitation which will
						provide the necessary protections from disclosure. In considering whether a
						protective order to limit the availability of proprietary information should be
						issued, the Commission or the presiding officer should consider, along with
						other relevant factors, the following:
(1) The
						extent to which the disclosure would cause unfair economic or competitive
						damage.
(2) The extent to which the
						information is known by others and used in similar activities.
(3) The worth or value of the information to
						the party and to the party's competitors.
(4) The degree of difficulty and cost of
						developing the information.
(5)
						Other statutes or regulations dealing specifically with disclosure of the
						information.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart A - General Provisions › Chapter 5 - FORMAL PROCEEDINGS › Subchapter D - DISCOVERY › SANCTIONS › Section 5.371 - Sanctions-general

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Commission
						or the presiding officer may, on motion, make an appropriate order if one of
						the following occurs:
(1) A party fails to
						appear, answer, file sufficient answers, file objections, make a designation or
						otherwise respond to discovery requests, as required under this
						subchapter.
(2) A party deponent or
						an officer or managing agent of a party refuses to obey or induces another to
						refuse to obey an order of a presiding officer respecting discovery, or induces
						another not to appear.