reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart A - General Provisions › Chapter 1 - RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE › Subchapter E - FEES › Section 1.42 - Mode of payment of fees

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Fees shall
					 be paid by money order or check made payable to the Commonwealth of
					 Pennsylvania, by electronic payment using the Commission's electronic filing
					 system or by another method currently acceptable to the Commission. Payments by
					 cash are not accepted without prior Secretary approval and remain at the risk
					 of the sender.
(b) Subsection (a)
					 supersedes 1 Pa. Code §
											33.22 (relating to mode of payment
					 of fees).
The provisions of this §
													1.42 amended under the Public
						  Utility Code,
						  66 Pa.C.S. §
														§
														501,
						  504-506,
						  1301 and
						  1501.
This section cited in 52 Pa. Code §
													3.501 (relating to certificate of
						  public convenience as a water supplier or wastewater collection, treatment or
						  disposal provider); and 52 Pa. Code §
													54.32 (relating to application
						  process).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart A - General Provisions › Chapter 1 - RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE › Subchapter F - SERVICE OF DOCUMENTS › Section 1.51 - Instructions for service, notice and protest

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General rule
. Upon
					 receiving an application, the Secretary will instruct the applicant or
					 petitioner concerning the required service and public notice consistent with
					 this section.
(b)
Service
					 list for parties
. The Commission will make available to filing users
					 on the electronic filing system a service list for each docket in which they
					 are a party that contains the following provisions:
(1) The names and addresses of the
					 parties.
(2) An indication of
					 whether or not a party has agreed to receive electronic service.
(3) The e-mail addresses of parties who have
					 agreed to receive electronic service.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart A - General Provisions › Chapter 1 - RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE › Subchapter F - SERVICE OF DOCUMENTS › Section 1.53 - Service by the Commission

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Applicability
. This section applies to service of an order,
					 notice or other document originating with the Commission and other documents
					 designated by the Commission, except when the Commission specifically requires
					 a different form of service.
(b)
Forms of service
.
(1)
First class mail
. Service may be made by mailing a copy
					 thereof to the person to be served, addressed to the person designated in the
					 initial pleading, submittal or notice of appearance at the person's residence,
					 principal office or place of business.
(2)
Personal
. Service may be
					 made personally by anyone authorized by the Commission.
(3)
Electronic
. Service may
					 be made electronically to filing users who have agreed to receive electronic
					 service. Filing users will be sent an electronic mail notice informing them
					 that a document was posted on the Commission's electronic filing system and
					 providing a link to the document on the same day the document is
					 posted.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart A - General Provisions › Chapter 1 - RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE › Subchapter F - SERVICE OF DOCUMENTS › Section 1.54 - Service by a party

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Pleadings,
					 submittals, briefs and other documents, filed in proceedings pending before the
					 Commission shall be served upon parties in the proceeding and upon the
					 presiding officer, if one has been assigned.
(b) Service may be made by one of the
					 following methods:
(1)
First class
					 mail
. Service may be made by mailing the requisite number of copies to
					 each party as provided in §
												1.59 (relating to number of copies
					 to be served), properly addressed with postage prepaid.
(2)
Personal
. Service may be
					 made personally.
(3)
Electronic
.
(i)
Documents not filed with the Commission
. Service may be made
					 electronically to those parties who have agreed to accept service in that
					 manner.
(ii)
Documents
					 filed with the Commission
. Service may be made electronically to
					 filing users who have agreed to receive electronic service. Filing users who
					 have agreed to receive electronic service shall be served with an electronic
					 mail notice stating that a document was filed on the electronic filing system.
					 The notice constitutes service.
(A) The
					 electronic mail notice must contain the following provisions:
(I) The name of the filing user and the party
					 on whose behalf the document was filed.
(II) The type of document.
(III) A brief description of the
					 document.
(IV) A link to the
					 document on the electronic filing system.
(V) The docket number when
					 available.
(VI) An indication that
					 the party is seeking expedited relief, if applicable.
(B) When a filing user becomes aware that the
					 electronic mail notice was not transmitted successfully, the filing user shall
					 resend the electronic mail notice or serve the document by another method
					 authorized by this subpart.
(C)
					 Documents of 250 pages or less, including attachments, need not be followed by
					 service of a hard copy to filing users who have agreed to receive electronic
					 service. Filing users shall serve each other with a hard copy of documents that
					 exceed 250 pages, including attachments, unless the parties otherwise
					 agree.
(4)
Telefacsimile
. Service may be made by telefacsimile to those
					 parties who have agreed to accept service in that manner. Documents served
					 electronically need not be followed by service of a hard copy if the parties
					 have so agreed.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart A - General Provisions › Chapter 1 - RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE › Subchapter F - SERVICE OF DOCUMENTS › Section 1.55 - Service on attorneys

Current through Register Vol. 54, No. 28, July 13, 2024
(a) When an
					 attorney enters an appearance under §
											1.24 (relating to notices of
					 appearances or withdrawals), service must be directed to the attorney in the
					 same manner as prescribed for his client.
(b) When a party is represented by an
					 attorney, service upon the attorney shall be deemed service upon the party.
					 Separate service on the party may be omitted.
(c) Subsections (a) and (b) supersede 1 Pa.
					 Code §
											31.26 (relating to service on
					 attorneys).
The provisions of this §
													1.55 amended under the Public
						  Utility Code,
						  66 Pa.C.S. §
														§
														501,
						  504-506,
						  1301 and
						  1501.
This section cited in 52 Pa. Code §
													5.421 (relating to
						  subpoenas).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart A - General Provisions › Chapter 1 - RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE › Subchapter F - SERVICE OF DOCUMENTS › Section 1.56 - Date of service

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The date of
					 service shall be the earliest day when the document served meets one of the
					 following conditions:
(1) The document is
					 deposited in the United States mail.
(2) The document is deposited with an
					 overnight express package delivery service.
(3) The document is delivered in
					 person.
(4) The document is
					 transmitted by telefacsimile or electronic mail as provided in §
												1.54(b) 
					 (relating to service by a party) prior to 4:30 p.m. local prevailing time in
					 the Eastern Time Zone (United States of America).
(5) The document enters an information
					 processing system designated by the recipient for the purpose of receiving
					 service and from which the recipient is able to retrieve the served document in
					 a form capable of being processed by the recipient's system prior to 4:30 p.m.
					 local prevailing time in the Eastern Time Zone (United States of
					 America).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart A - General Provisions › Chapter 1 - RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE › Subchapter F - SERVICE OF DOCUMENTS › Section 1.57 - Proof of service

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Paper filings
. A certificate of service in the form prescribed
					 by §
											1.58 (relating to form of
					 certificate of service) must accompany and be attached to the original and all
					 copies of pleadings, submittals or other documents filed with the Commission
					 when service is required to be made by the parties.
(b)
Electronic filings
.
					 Documents filed on the Commission's electronic filing system must contain a
					 certificate of service stating that the document was filed electronically. The
					 certificate of service must identify the manner in which service on each party
					 was accomplished.
(c)
Supersession
. Subsections (a) and (b) supersede 1 Pa. Code
					 §
											33.35 (relating to proof of
					 service).
The provisions of this §
													1.57 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); and
						  52 Pa. Code §
													1.32 (relating to filing
						  specifications).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart A - General Provisions › Chapter 1 - RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE › Subchapter F - SERVICE OF DOCUMENTS › Section 1.58 - Form of certificate of service

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The form of certificate of service must
					 be as follows:
I hereby certify that I have this day served a true copy
						of the foregoing document upon the parties, listed below, in accordance with
						the requirements of §
												1.54 (relating to service by a
						party).
(List names and addresses of parties served and manner in
						which each was served.)
Dated this ___ day of ____________ , 2 ___ .
____________
(Signature)
Counsel for
____________
(b) A certificate of service accompanying an
					 electronic filing must state that the document was filed electronically on the
					 Commission's electronic filing system.
(c) Subsections (a) and (b) supersede 1 Pa.
					 Code §
											33.36 (relating to form of
					 certificate of service).
The provisions of this §
													1.58 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 §
													1.8 (relating to definitions); 52
						  Pa. Code §
													1.32 (relating to filing
						  specifications); and 52 Pa. Code §
													1.57 (relating to proof of
						  service).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart A - General Provisions › Chapter 1 - RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE › Subchapter F - SERVICE OF DOCUMENTS › Section 1.59 - Number of copies to be served

Current through Register Vol. 54, No. 28, July 13, 2024
(a) One
					 copy of a document shall be served on the presiding officer if one has been
					 designated.
(b) The following
					 number of copies of documents shall be served on other parties in a proceeding:
(1) Briefs:
(i) Service of hard copies-two
					 copies.
(ii) Service by
					 telefacsimile or electronic mail, when permitted-one copy.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart A - General Provisions › Chapter 1 - RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE › Subchapter G - MATTERS BEFORE OTHER TRIBUNALS › Section 1.61 - Notice and filing of copies of pleadings before other tribunals

Current through Register Vol. 54, No. 28, July 13, 2024
(a) When matters over which the Commission
					 may have jurisdiction under the act are raised in proceedings filed with a
					 court or other regulatory body by a person subject to the act, either an
					 appropriate application or petition, or notice of the proceedings and copies of
					 the material pleadings filed therein, shall be filed simultaneously with the
					 Commission so that it may have sufficient notice and time for proper
					 consideration of the matters within its jurisdiction.
(b) Upon filing of a petition for bankruptcy
					 under the United States Bankruptcy Code (11 U.S.C.) by a jurisdictional utility
					 or licensee or by a parent, affiliate, or direct or indirect subsidiary of a
					 utility or licensee, the utility or licensee shall file a copy of the petition
					 with the Commission, and serve the Office of Trial Staff, the Office of
					 Consumer Advocate and the Office of Small Business Advocate.
(c) An entity subject to the regulatory
					 jurisdiction of the Commission, or its trustee in bankruptcy, shall file a copy
					 of the reorganization plan for itself or for its bankrupt parent, subsidiary or
					 affiliate for Commission review within 10 days after the debtor has filed the
					 plan, its supplements and amendments, or has received notice that the plan has
					 been filed with the court.
(d) If
					 the reorganization plan submitted under subsection (c) contemplates the
					 abandonment of service, the submittal must include an application under Chapter
					 11 of the act (relating to certificates of public convenience). If a licensee's
					 reorganization plan includes the abandonment of the license, the submittal must
					 include the appropriate pleading as required by the act.
The provisions of this §
													1.61 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 §
													63.324 (relating to commission
						  approval of a general rule transaction subject to
						  66 Pa.C.S. §
														§
														1102(a)(3) and
						  1103); and 52 Pa. Code
						  §
													63.325 (relating to commission
						  approval of a pro forma transaction subject ot
						  66 Pa.C.S. §
														1102(a)(3) and
						  1103).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart A - General Provisions › Chapter 1 - RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE › Subchapter G - MATTERS BEFORE OTHER TRIBUNALS › Section 1.62 - Filing and record of securities certificate in bankruptcy proceedings

Current through Register Vol. 54, No. 28, July 13, 2024
After final approval of a plan by the bankruptcy court,
						but before issuing or changing the terms and conditions of securities, the
						debtor or its successor shall file with the Commission a securities certificate
						in respect to the issuance or change. Development of a record in the
						proceeding, however, may be unnecessary, if the petition contains a stipulation
						that the record in a previous proceeding relating to the plan may be considered
						by the Commission in passing upon the securities certificate.
This section cited in 52 Pa. Code §
													63.324 (relating to commission
						  approval of a general rule transaction subject to
						  66 Pa.C.S. §
														§
														1102(a)(3) and
						  1103); and 52 Pa. Code
						  §
													63.325 (relating to commission
						  approval of a pro forma transaction subject to
						  66 Pa.C.S. §
														§
														1102(a)(3) and
						  1103).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart A - General Provisions › Chapter 1 - RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE › Subchapter H - PUBLIC ACCESS TO COMMISSION RECORDS › Section 1.71 - Statement of objectives

Current through Register Vol. 54, No. 28, July 13, 2024
The Commission's records maintenance system is intended
						to provide for the greatest degree of public access to Commission documents
						that is consistent with the exercise of the functions of the Commission under
						the act and other applicable laws. The Commission's system is designed to meet
						that objective and to give public notice of which classes of documents are
						available for inspection. The system provides a predictable standard, which
						nevertheless permits the Commission to take cognizance of the circumstances of
						individual requests for documents which may militate in favor of or against
						disclosure.
The provisions of this §
													1.71 amended under the Public
						  Utility Code,
						  66 Pa.C.S. §
														§
														501,
						  504-506,
						  1301 and
						  1501.
This section cited in 52 Pa. Code §
													1.74 (relating to disclosure of
						  other documents); 52 Pa. Code §
													1.77 (relating to extensions of
						  time to review folders); and 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 1 - RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE › Subchapter H - PUBLIC ACCESS TO COMMISSION RECORDS › Section 1.72 - Content and review of formal case files

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Format
. Format for
					 filing records in formal cases will conform with the following:
(1) The files for formal cases initiated
					 prior to May 15, 1977, will contain a records, correspondence and testimony
					 folder.
(2) The files for formal
					 cases initiated on or after May 15, 1977, will contain a document, report and
					 testimony folder.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart A - General Provisions › Chapter 1 - RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE › Subchapter H - PUBLIC ACCESS TO COMMISSION RECORDS › Section 1.73 - Fiscal records

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Except as
					 provided in subsection (b), an account, voucher or contract dealing with the
					 receipt or disbursement of funds by the Commission or its acquisition, use or
					 disposal of services or supplies, materials, equipment or other property will
					 be available during normal Commission business hours upon request made to the
					 Commission fiscal office. Fiscal records are retained in accordance with time
					 periods set by applicable statutory, regulatory and administrative
					 requirements.
(b) No fiscal record,
					 nor unseverable part thereof, which contains material exempted from the
					 disclosure requirements provided in the act of June 21, 1957 (P. L. 390, No.
					 212) (65 P. S. §
												§
												66.1-66.4) or which otherwise presents a
					 substantial need for nondisclosure, will be available for public
					 inspection.
The provisions of this §
													1.73 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 1 - RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE › Subchapter H - PUBLIC ACCESS TO COMMISSION RECORDS › Section 1.74 - Disclosure of other documents

Current through Register Vol. 54, No. 28, July 13, 2024
For documents not made public under §
											§
											1.71-1.73 and
						1.75-1.77 or by statute, access may be
						had only upon petition of the requestor made to and granted by the
						Commission.
This section cited in 52 Pa. Code §
													1.72 (relating to formal case
						  files); 52 Pa. Code §
													1.77 (relating to extensions of
						  time to review folders); and 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 1 - RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE › Subchapter H - PUBLIC ACCESS TO COMMISSION RECORDS › Section 1.75 - Review of staff determination

Current through Register Vol. 54, No. 28, July 13, 2024
When advised by a staff member that no further staff
						review of the request for review is possible, the requestor may petition the
						Commission for review as to a specific or definite class of
						documents.
This section cited in 52 Pa. Code §
													1.74 (relating to disclosure of
						  other documents); 52 Pa. Code §
													1.77 (relating to extensions of
						  time to review folders); and 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 1 - RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE › Subchapter H - PUBLIC ACCESS TO COMMISSION RECORDS › Section 1.76 - Tariffs, minutes of public meetings and annual reports

Current through Register Vol. 54, No. 28, July 13, 2024
Tariffs, minutes of public meetings and annual reports
						will be available for public inspection and copying upon request to the
						Secretary's Bureau during the Commission's office hours.
The provisions of this §
													1.76 amended under the Public
						  Utility Code,
						  66 Pa.C.S. §
														§
														501,
						  504-506,
						  1301 and
						  1501.
This section cited in 52 Pa. Code §
													1.74 (relating to disclosure of
						  other documents); 52 Pa. Code §
													1.77 (relating to extensions of
						  time to review folders); and 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 1 - RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE › Subchapter H - PUBLIC ACCESS TO COMMISSION RECORDS › Section 1.77 - Extensions of time to review folders

Current through Register Vol. 54, No. 28, July 13, 2024
For good cause the Commission may extend the time limits
						applicable to requests for access to documents. In the case of documents
						displaying no need for confidentiality, or, conversely, documents containing
						information which the Commission considers improper for public inspection, the
						Commission may direct the appropriate treatment thereof, notwithstanding
						contrary provisions in §
											§
											1.71-1.76.
The provisions of this §
													1.77 amended under the Public
						  Utility Code,
						  66 Pa.C.S. §
														§
														501,
						  504-506,
						  1301 and
						  1501.
This section cited in 52 Pa. Code §
													1.74 (relating to disclosure of
						  other documents); and 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 1 - RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE › Subchapter I - AMENDMENTS TO WITHDRAWALS OF SUBMITTALS › Section 1.81 - Amendments

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An amendment to
					 a submittal or pleading may be tendered for filing at any time and will be
					 deemed filed in accordance with §
											1.11 (relating to date of filing)
					 unless the Commission otherwise orders.
(b) Subsection (a) is identical to 1 Pa. Code
					 §
											33.41 (relating to
					 amendments).
The provisions of this §
													1.81 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 1 - RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE › Subchapter I - AMENDMENTS TO WITHDRAWALS OF SUBMITTALS › Section 1.82 - Withdrawal or termination

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A party
					 that desires to terminate an uncontested matter or proceeding before final
					 decision by the Commission or otherwise desires to withdraw a submittal or
					 pleading, shall file a petition for leave to withdraw the appropriate document.
					 If no party objects to the petition within 10 days of service, the matter may
					 be stricken by the Commission or by the presiding officer. If upon review the
					 presiding officer or the Commission determines that the public interest
					 requires continuation of the proceedings, the petition will be denied and the
					 staff may be directed to participate.
(b) Withdrawal of a pleading in a contested
					 proceeding is governed by §
											5.94 (relating to withdrawal of
					 pleadings in a contested proceeding).
(c) Subsections (a) and (b) supersede 1 Pa.
					 Code §
											33.42 (relating to withdrawal or
					 termination).
The provisions of this §
													1.82 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 §
													5.94 (relating to withdrawal of
						  pleadings in a contested proceeding); and 52 Pa. Code §
													121.4 (relating to filing and
						  Commission review procedures).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart A - General Provisions › Chapter 1 - RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE › Subchapter J - DOCKET › Section 1.86 - Docket

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Secretary
					 will maintain a docket of all proceedings, and each proceeding as initiated
					 will be assigned an appropriate designation. The docket will be available for
					 inspection and copying by the public during the Commission's office
					 hours.
(b) Subsection (a) is
					 identical to 1 Pa. Code §
											33.51 (relating to
					 docket).
The provisions of this §
													1.86 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 1 - RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE › Subchapter K - WAIVER OF RULES › Section 1.91 - Applications for waiver of formal requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A request for waiver of, or exception to,
					 any provision of this chapter or Chapter 3 or 5 (relating to special
					 provisions; and formal proceedings) or a regulation or requirement with which
					 the document tendered is in conflict or does not conform may accompany a
					 pleading, submittal or other document subject to rejection under §
											1.4 (relating to filing
					 generally). The request shall show the nature of the waiver or exception
					 desired and set forth the reasons in support thereof. Unacceptable filings may
					 be returned by the Commission with an indication of the deficiencies thereof
					 and the reasons for nonacceptance and return.
(b) Unless the Commission expressly orders,
					 acceptance for filing will not waive a failure to comply with this title or
					 other applicable requirements, and the failure may be cause for striking all or
					 any part of the filings.
(c)
					 Subsections (a) and (b) are identical to 1 Pa. Code §
											33.61 (relating to applications
					 for waiver of formal requirements).
The provisions of this §
													1.91 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 1 - RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE › Subchapter L - UNOFFICIAL STATEMENTS AND OPINIONS › Section 1.96 - Unofficial statements and opinions by Commission personnel

Current through Register Vol. 54, No. 28, July 13, 2024
Statements contained in formal opinions of the Commission
						or in decisions of a presiding officer which are not necessary in resolving the
						case, and informal opinions, whether oral or written, expressed by
						Commissioners, presiding officers, legal counsel, employes or representatives
						of the Commission and reports drafted by Commission bureaus are only considered
						as aids to the public, do not have the force and effect of law or legal
						determinations, and are not binding upon the Commonwealth or the
						Commission.
The provisions of this §
													1.96 amended under the Public
						  Utility Code,
						  66 Pa.C.S. §
														§
														501,
						  504-506,
						  1301 and
						  1501.
This section cited in 52 Pa. Code §
													63.222 (relating to expedited
						  process for resolution of migration disputes between service providers); and 52
						  Pa. Code §
													69.1401 (relating to guidelines
						  for determining public utility status-statement of
						  policy).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart A - General Provisions › Chapter 3 - SPECIAL PROVISIONS › Subchapter A - SPECIAL COMMISSION ACTIONS › EMERGENCY RELIEF › Section 3.1 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this
						  subchapter, have the following meanings, unless the context clearly indicates
						  otherwise:
Emergency
-A situation which presents a
						  clear and present danger to life or property or which is uncontested and
						  requires action prior to the next scheduled public meeting.
Emergency order
-An ex parte order
						  issued by a single Commissioner, the Commission, the Commission's Director of
						  Operations or the Commission's Secretary in response to an emergency.
Interim emergency order
-An
						  interlocutory order issued by a presiding officer which is immediately
						  effective and grants or denies injunctive relief during the pendency of a
						  proceeding.
The provisions of this §
														3.1 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 §
														3.384 (relating to disposition of
							 applications for ETA and TA).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart A - General Provisions › Chapter 3 - SPECIAL PROVISIONS › Subchapter A - SPECIAL COMMISSION ACTIONS › EX PARTE EMERGENCY ORDERS › Section 3.2 - Petitions for issuance of emergency orders

Current through Register Vol. 54, No. 28, July 13, 2024
(a) To the extent practicable, a petition for
						emergency order must be in the form of a petition as set forth in §
												5.41 (relating to petitions
						generally) and shall be served on the persons directly affected by the
						application.
(b) A petition for
						emergency order must be supported by a verified statement of facts which
						establishes the existence of an emergency, including facts to support the
						following:
(1) The petitioner's right to
						relief is clear.
(2) The need for
						relief is immediate.
(3) The injury
						would be irreparable if relief is not granted.
(4) The relief requested is not injurious to
						the public interest.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart A - General Provisions › Chapter 3 - SPECIAL PROVISIONS › Subchapter A - SPECIAL COMMISSION ACTIONS › EX PARTE EMERGENCY ORDERS › Section 3.3 - Disposition of ex parte emergency orders

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Authority
. The
						Chairperson, a Commissioner, the Commission's Director of Operations and the
						Commission's Secretary have the authority to issue an emergency
						order.
(b)
Form
.
						An emergency order will be issued in writing and filed with the Secretary with
						copies to Commissioners and the Director of Operations.
(c)
Ratification
. An
						emergency order or the denial of a petition for emergency order issued by a
						single Commissioner or the Director of Operations or the Commission's Secretary
						will be ratified, modified or rescinded by the Commission at the next scheduled
						public meeting after issuance of the order.
(d)
Service
. An emergency
						order or the denial of a petition for emergency order will be served by the
						Secretary as expeditiously as practicable upon the persons directly affected by
						the decision with copies to the Commissioners and the Director of
						Operations.
The provisions of this §
														3.3 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 3 - SPECIAL PROVISIONS › Subchapter A - SPECIAL COMMISSION ACTIONS › EX PARTE EMERGENCY ORDERS › Section 3.4 - Hearings following issuance of emergency orders

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A person against whom an emergency order
						is issued may file a petition for an expedited hearing to determine whether the
						emergency order will remain in effect. The petition must conform to the form
						and service requirements in §
												§
												5.41-5.44 (relating to petitions
						generally).
(b) The petition for
						expedited hearing shall be filed with the Secretary and a copy served upon the
						Chief Administrative Law Judge.
(c)
						The hearing will be held before a presiding officer within 10 days of receipt
						of the petition by the Secretary.
(d) If the emergency order is issued by a
						single Commissioner or the Director of Operations or by the Commission's
						Secretary, the presiding officer will have the authority to stay the effect of
						the order until the next scheduled public meeting.
(e) The decision of the presiding officer
						will constitute a recommended decision to be acted upon by the Commission at
						its next scheduled public meeting.
The provisions of this §
														3.4 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 3 - SPECIAL PROVISIONS › Subchapter A - SPECIAL COMMISSION ACTIONS › INTERIM EMERGENCY RELIEF › Section 3.6 - Petitions for interim emergency orders

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A party may submit a petition for an
						interim emergency order during the course of a proceeding. The petition shall
						be filed with the Secretary and served contemporaneously on the Chief
						Administrative Law Judge and on the parties.
(b) To the extent practicable, a petition for
						an interim emergency order must be in the form of a petition as set forth in
						§
												5.41 (relating to petitions
						generally). A petition for an interim emergency order must be supported by a
						verified statement of facts which establishes the existence of the need for
						interim emergency relief, including facts to support the following:
(1) The petitioner's right to relief is
						clear.
(2) The need for relief is
						immediate.
(3) The injury would be
						irreparable if relief is not granted.
(4) The relief requested is not injurious to
						the public interest.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart A - General Provisions › Chapter 3 - SPECIAL PROVISIONS › Subchapter A - SPECIAL COMMISSION ACTIONS › INTERIM EMERGENCY RELIEF › Section 3.6a - Hearing on petitions for interim emergency orders

Current through Register Vol. 54, No. 28, July 13, 2024
An interim emergency order may not be issued until the
						  presiding officer holds a hearing on the merits of the petition. The hearing
						  must be held within 10 days of the filing of the petition.
The provisions of this §
														3.6a issued 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 3 - SPECIAL PROVISIONS › Subchapter A - SPECIAL COMMISSION ACTIONS › INTERIM EMERGENCY RELIEF › Section 3.7 - Issuance of interim emergency orders

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A presiding officer will issue an order
						granting or denying interim emergency relief within 15 days of the filing of
						the petition.
(b) An order granting
						a petition for interim emergency relief will set forth the findings required by
						§
												3.6(b)  (relating
						to hearing on petitions for interim emergency orders).
(c) An interim emergency order or an order
						denying interim emergency relief will be served as expeditiously as practicable
						on the parties.
The provisions of this §
														3.7 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 3 - SPECIAL PROVISIONS › Subchapter A - SPECIAL COMMISSION ACTIONS › INTERIM EMERGENCY RELIEF › Section 3.8 - Form of interim emergency orders

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An
						order following a hearing on a petition for interim emergency relief will
						include:
(1) A brief description of the
						evidence presented.
(2) A grant or
						denial of the petition.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart A - General Provisions › Chapter 3 - SPECIAL PROVISIONS › Subchapter A - SPECIAL COMMISSION ACTIONS › INTERIM EMERGENCY RELIEF › Section 3.10 - Commission review of interim emergency orders

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An order granting or denying interim
						emergency relief is immediately effective upon issuance by the presiding
						officer. No stay of the order will be permitted while the matter is being
						reviewed by the Commission.
(b)
						When the presiding officer rules upon the petition for an interim emergency
						order, the presiding officer will also certify the question of the grant or
						denial of relief to the Commission as a material question in the form set forth
						in §
												5.305 (relating to interlocutory
						review of a material question submitted by a presiding officer). Thereafter,
						the parties and the Commission shall follow the procedures in § 5.305, if
						applicable.
The provisions of this §
														3.10 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 3 - SPECIAL PROVISIONS › Subchapter A - SPECIAL COMMISSION ACTIONS › INTERIM EMERGENCY RELIEF › Section 3.11 - Duration of interim emergency orders

Current through Register Vol. 54, No. 28, July 13, 2024
An interim emergency order shall expire upon entry of
						  the final Commission order which ends the pending proceeding unless otherwise
						  specified.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart A - General Provisions › Chapter 3 - SPECIAL PROVISIONS › Subchapter A - SPECIAL COMMISSION ACTIONS › INTERIM EMERGENCY RELIEF › Section 3.12 - Applicability to transportation proceedings

Current through Register Vol. 54, No. 28, July 13, 2024
Nothing in this subchapter shall be construed as
						  preempting or modifying the procedures set forth in §
												§
												3.383-3.385 (relating to applications
						  for temporary authority and emergency temporary authority; disposition of
						  applications; and rates, fares and charges for TA and ETA
						  authorities).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart A - General Provisions › Chapter 3 - SPECIAL PROVISIONS › Subchapter B - INFORMAL PROCEEDINGS GENERALLY › APPLICATIONS › Section 3.101 - Municipal contracts

Current through Register Vol. 54, No. 28, July 13, 2024
No formal application need accompany municipal
						  contracts filed under section 507 of the act (relating to contracts between
						  public utilities and municipalities), but an executed copy or reproduction copy
						  of the contract shall be filed with the Commission at least 30 days prior to
						  the effective date of the contract.
The provisions of this §
														3.101 amended 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 3 - SPECIAL PROVISIONS › Subchapter B - INFORMAL PROCEEDINGS GENERALLY › INFORMAL COMPLAINTS AND INVESTIGATIONS › Section 3.111 - Form and content of informal complaints

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Informal complaints may be by letter or
						other writing. No form of informal complaint is suggested, except as set forth
						in §
												§
												56.162 and
						64.152 (relating to informal
						complaint filing procedures), but in substance the letter or other writing must
						contain the essential elements of a formal complaint as specified in §
												5.22 (relating to contents of
						formal complaint).
(b) Informal
						complaints shall be submitted to the Secretary for referral to the appropriate
						bureau, addressed to the following: Pennsylvania Public Utility Commission,
						Post Office Box 3265, Harrisburg, Pennsylvania 17105-3265.
(c) Subsection (a) supersedes 1 Pa. Code
						§
												35.5 (relating to form and content
						of informal complaints).
The provisions of this §
														3.111 amended under the Public
							 Utility Code,
							 66 Pa.C.S. §
															§
															501,
							 504-506,
							 1301 and
							 1501.
This section cited in 52 Pa. Code §
														57.257 (relating to disputes
							 concerning advanced metering); and 52 Pa. Code §
														64.152 (relating to informal
							 complaint filing procedures).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart A - General Provisions › Chapter 3 - SPECIAL PROVISIONS › Subchapter B - INFORMAL PROCEEDINGS GENERALLY › INFORMAL COMPLAINTS AND INVESTIGATIONS › Section 3.112 - Action on informal complaints

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Filing
. The Secretary will place a copy of an informal
						complaint related to a docketed matter in the official document
						folder.
(b)
Commission
						staff review
.
(1) Commission staff
						will review the informal complaint to determine whether the subject matter is
						within the Commission's jurisdiction, except as set forth in Chapters 56 and 64
						(relating to standards and billing practices for residential utility service;
						and standards and billing practices for residential telephone
						service).
(2) Commission staff will
						evaluate the allegations of the complaint, and, if warranted, institute an
						informal investigation or informal proceeding.
(3) Commission staff may institute formal
						action with respect to the subject matter of the informal complaint.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart A - General Provisions › Chapter 3 - SPECIAL PROVISIONS › Subchapter B - INFORMAL PROCEEDINGS GENERALLY › INFORMAL COMPLAINTS AND INVESTIGATIONS › Section 3.113 - Resolution of informal investigations

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Commission staff may conduct informal
						investigations or informal proceedings in appropriate circumstances regarding
						the condition and management of a public utility or other person subject to its
						jurisdiction. The informal investigations are typically undertaken to gather
						data or to substantiate allegations of potential violations of the act and may
						be conducted with or without hearing.
(b) Under 65 Pa.C.S. Chapter 7 (relating to
						Sunshine Act), the Commission's official actions resolving informal
						investigations will be as follows:
(1) When
						the Commission staff determines that no violation or potential violation of the
						act has occurred, the informal investigation will be terminated by
						letter.
(2) When the Commission
						staff determines that a violation or potential violation of the act has
						occurred and when formal action is deemed to be warranted, the Commission staff
						will initiate a docketed on-the-record proceeding to resolve the
						issues.
(3) When the utility, or
						other person subject to the Commission's jurisdiction, has committed to
						undertake action to address or remedy a violation or potential violation of the
						act or to resolve another perceived deficiency at the utility, in the form of a
						settlement with the Commission staff or other resolution of the matter, the
						Commission's consideration of the settlement or approval of the utility's
						action will occur at public meeting. Except for staff reports and other
						documents covered by a specific legal privilege, documents relied upon by the
						Commission in reaching its determination shall be made part of the public
						record. Before the Commission makes a final decision to adopt the settlement or
						to approve the utility's action, the Commission will provide other potentially
						affected persons with the opportunity to submit exceptions thereon or to take
						other action provided for under law.