Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart A - General Provisions › Chapter 1 - RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE › Subchapter A - GENERAL PROVISIONS › Section 1.8 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Subject to
					 additional definitions contained in subsequent sections which are applicable to
					 specific chapters or subchapters, the following words and terms, when used in
					 this subpart, have the following meanings, unless the context clearly indicates
					 otherwise:
Act
-66 Pa.C.S. §
												§ 101-3315
						(relating to the Public Utility Code).
Adjudication
-An order, decree, decision,
						determination or ruling by the Commission affecting personal or property
						rights, privileges, immunities, duties, liabilities or obligations of the
						parties to the proceeding in which the adjudication is made.
Applicants
-In proceedings involving
						applications for permission or authorization which the Commission may give
						under statutory or other authority delegated to it, the parties on whose behalf
						the applications are made.
Adversarial proceeding
-A proceeding
						initiated by a person to seek authority, approvals, tariff changes,
						enforcement, fines, remedies or other relief from the Commission which is
						contested by one or more other persons and which will be decided on the basis
						of a formal record.
Authorized agent
-A person with
						permission to legally act on behalf of the filing user.
Confirmation of receipt
-A notification
						generated by the electronic filing system upon receipt of a filing.
Electronic filing
or
filed
						electronically
-Filing by means of the Commission's electronic filing
						system.
Electronic filing system
-The
						Commission's automated system that receives and stores documents filed in
						electronic form. This system is part of the Commission's Information Management
						and Access Project.
Electronic mail
-A means of dispatching
						or receiving a submittal in relation to a Commission matter through electronic
						means.
Filing user
-A person who has registered
						to use the electronic filing system in accordance with the registration
						instructions available on the Commission's web site at
http://www.puc.state.pa.us/
and who has obtained a user ID and password.
Filing user ID
-The distinct code
						assigned by the Commission to an individual for use in the Commission's
						electronic filing system and deemed to be the individual's signature.
Formal complaint
-A verified written
						document filed with the Commission under
						66 Pa.C.S. §
													701
						(relating to complaints) requesting a legal proceeding before a presiding
						officer or a mediator.
Formal investigation
-A matter initiated
						by the Commission or Commission staff that results in a formal record.
Formal proceeding
-A matter intended to
						produce a formal record.
Formal record
-The pleadings and
						submittals in a matter or proceeding, a notice or Commission order initiating
						the matter or proceeding, and if a hearing is held, the following: the
						designation of the presiding officer, transcript of hearing, exhibits received
						in evidence, offers of proof, motions, stipulations, subpoenas, proofs of
						service, references to the Commission and determinations made by the Commission
						thereon, certifications to the Commission, and anything else upon which action
						of the presiding officer or the Commission may be based.
Friendly
						cross-examination
-Cross-examination of a witness by a party who does
						not disagree with the witness' position on an issue.
Individual
-A natural person.
Informal complaint
-A document or
						communication to the Commission seeking action on a matter that lacks the legal
						or other requirements of a formal complaint under
						66 Pa.C.S. §
													701 and
						does not involve a legal proceeding before a presiding officer or
						mediator.
Informal investigation
-A matter
						initiated by the Commission staff that may result in a formal complaint, a
						settlement or other resolution of the matter or termination by letter.
Informal proceeding
-A matter not
						intended to produce a formal record.
Initial decision
-A decision by a
						presiding officer which becomes final unless timely exceptions are filed by a
						participant, the Commission requests review upon its own motion or as otherwise
						established by the act.
Intervenor
-A person intervening or
						petitioning to intervene as a party as provided by §
												§
												5.71-5.76 (relating to
						intervention).
Mediation
-An informal, nonadjudicative
						Commission process through which a Commission-designated mediator assists the
						parties in an attempt to reach a mutually acceptable resolution.
Mediator
-An individual designated to
						conduct a mediation.
Nonadversarial proceeding
-A proceeding
						initiated by a person which is not contested or a proceeding initiated by the
						Commission or at the request of a person to develop regulations, policies,
						procedures, technical rules or interpretations of law.
Notarial officer
-An officer authorized
						under §
												5.346 (relating to persons before
						whom depositions may be taken) to take depositions for use before the
						Commission or presiding officer.
PDF
-Portable Document Format.
Party
-A person who appears in a
						proceeding before the Commission.
Person
-Except as otherwise provided in
						this subpart or in the act, the term includes individuals, corporations,
						partnerships, associations, joint ventures, other business organizations,
						trusts, trustees, legal representatives, receivers, agencies, governmental
						entities, municipalities, municipal corporations or other political
						subdivisions.
Petitioners
-Persons seeking relief, not
						otherwise designated in this section.
Pleading
-An application, complaint,
						petition, answer, motion, preliminary objection, protest, reply, order to show
						cause, new matter and reply to new matter or other similar document filed in a
						formal proceeding.
Presiding officer
-A person designated by
						the Commission to preside over a matter.
Principal
-A party with power to
						authorize its counsel to enter into stipulations or settlement
						agreements.
Proof of service
-A certificate of
						service which complies with §
												§
												1.57 and
						1.58 (relating to proof of
						service; and form of certificate of service).
Protestants
-Persons objecting on the
						ground of private or public interest to the approval of an application or other
						matter which the Commission may have under consideration.
Qualified document
-A document that is
						listed in the categories of documents that are permitted to be filed
						electronically in accordance with the instructions on the Commission's web site
						at
http://www.puc.state.pa.us/
and that complies with the filing requirements and restrictions in §
												1.32(b) (relating
						to filing specifications).
Rate proceeding
-An on the record
						proceeding brought by or before the Commission, the purpose of which is to
						determine the justness and reasonableness of a proposed or present rate for
						utility service, including, but not limited to, proceedings initiated under
						sections 1307, 1308, 1310 and 1312 of the act.
Recommended decision
-An opinion and
						order submitted for the approval of the Commission by the presiding
						officer.
Respondents
-Persons subject to a statute
						or other delegated authority administered by the Commission, who are required
						to respond to an order or notice issued by the Commission instituting a
						proceeding or investigation on its own initiative or otherwise.
Secretary
-The Secretary of the
						Commission, who is the Commission officer with whom pleadings and other
						documents are filed and by whom official records are kept.
Staff
-The Commission's Office of Trial
						Staff prosecutor or Law Bureau staff counsel and other Commission employees
						participating in a proceeding before the agency.
Statutory advocate
-The Office of Trial
						Staff, the Office of Consumer Advocate and the Office of Small Business
						Advocate.
Submittal
-An application, amendment,
						exhibit or similar document involving matters filed in an adversarial or
						nonadversarial proceeding.
Telefacsimile transmittal
-A means of
						dispatching or receiving a submittal in a Commission matter through electronic
						means that prints a hard copy facsimile of a document in a legible form at the
						recipient's machine.
Tentative decision
-An order of the
						Commission which becomes final unless exceptions are filed by a party within
						the time period specified by statute or as set forth in the order.
Trade secret
-A private formula, pattern,
						device, cost study or compilation of information which is used in a business
						and which, if disclosed, would provide the opportunity to obtain an advantage
						over competitors who do not know or use it.
Verification
-When used in reference to a
						written statement of fact by the signer, means supported by oath or affirmation
						or made subject to the penalties of
						18 Pa.C.S. §
													4904
						(relating to unsworn falsification to authorities).
Writing
or
written
-Applies to documents filed in paper form and documents
						filed electronically.
(b)
					 Subsection (a) supersedes 1 Pa. Code §
											31.3 (relating to
					 definitions).
The provisions of this §
													1.8 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 §
													63.322 (relating to
						  definitions).