Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart A - General Provisions › Chapter 5 - FORMAL PROCEEDINGS › Subchapter E - EVIDENCE AND WITNESSES › WITNESSES › Section 5.412 - Written testimony

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General.
Use of written testimony in Commission proceedings is
						encouraged, especially in connection with the testimony of expert witnesses.
						Written direct testimony is required of expert witnesses testifying in rate
						cases.
(b)
Use.
The presiding officer may direct that expert testimony to be given upon direct
						examination be submitted as prepared written testimony. A reasonable period of
						time will be allowed to prepare written testimony.
(c)
Rules regarding use.
Written testimony is subject to the same rules of admissibility and
						cross-examination of the sponsoring witness as if it were presented orally in
						the usual manner.
(d)
Cross-examination.
Cross-examination of the witness presenting
						written testimony shall proceed at the hearing at which testimony is
						authenticated if service of the written testimony is made upon each party of
						record at least 20 days prior to the hearing, unless the presiding officer for
						good cause otherwise directs. In a rate proceeding, the presiding officer or
						the Commission will establish the schedule for the filing and authentication of
						written testimony, and for cross-examination by other parties.
(e)
Form.
Written testimony
						must normally be prepared in question and answer form, include a statement of
						the qualifications of the witness and be accompanied by exhibits to which it
						relates. A party offering prepared written testimony shall insert line numbers
						in the left-hand margin on each page. A party should also use a logical and
						sequential numbering system to identify the written testimony of individual
						witnesses.
(f)
Service.
Written testimony shall be served upon the presiding
						officer and parties in the proceeding in accordance with the schedule
						established by this chapter. At the same time the testimony is served, a
						certificate of service for the testimony shall be filed with the Secretary.
						Pre-served testimony furnished to the court reporter during an adjudicatory
						proceeding before the Commission shall be filed with the Commission as required
						under §
												5.412a (relating to electronic
						submission of pre-served testimony).
(g)
Copies.
At the hearing
						at which the testimony is authenticated, counsel for the witness shall provide
						two copies of the testimony to the court reporter.
(h)
Supersession.
Subsections (a)-(g) supersede 1 Pa. Code §
												§
												35.138,
						35.150 and
						35.166 (relating to expert
						witnesses; scope and conduct of examination; and prepared expert
						testimony).
The provisions of this §
														5.412 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 §
														5.412a (relating to electronic
							 submission of pre-served testimony).