§ 3.112. Action on informal complaints.
(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.
(c) Commission staff action. Upon the completion of the Commission’s investigation of an informal complaint, the Commission staff will notify the informal complainant of the results of its review and investigation. The submission or withdrawal of an informal complaint is without prejudice to the right of the complainant to file and prosecute a formal complaint.
(d) Caveat. The submission of an informal complaint does not entitle complainant to a formal hearing before the Commission.
(e) Further action. A staff determination made under this provision is appealable under § 5.44 (relating to petitions for appeal from actions of the staff).
(f) Supersession. Subsections (a)—(d) supersede 1 Pa. Code § § 35.6 and 35.7 (relating to correspondence handling of informal complaints; and discontinuance of informal complaints without prejudice).
Authority The provisions of this § 3.112 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.
Source The provisions of this § 3.112 adopted October 12, 1984, effective January 1, 1985, 14 Pa.B. 3819; amended December 2, 1988, effective January 3, 1989, 18 Pa.B. 5451; amended January 24, 1997, effective January 25, 1997, 27 Pa.B. 414; amended April 28, 2006, effective April 29, 2006, 36 Pa.B. 2097. Immediately preceding text appears at serial pages (252037) to (252038).
Cross References This section cited in 52 Pa. Code § 57.257 (relating to disputes concerning advanced metering); and 52 Pa. Code § 64.153 (relating to Commission informal complaint procedures).
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