§ 5.232. Settlement petitions and stipulations of fact.
(a) Generally. A settlement petition, which may contain stipulations of fact by all or some of the parties, shall be filed with the Secretary in accordance with § 5.41 (relating to petitions generally).
(b) Positions of the parties. A settlement agreement must specifically identify the parties:
(1) Supporting the settlement.
(2) Opposing the settlement.
(3) Taking no position on the settlement.
(4) Denied an opportunity to enter into the settlement.
(c) Service. A copy of each settlement petition, which may contain stipulations of fact by all or some of the parties, shall be served upon each party to the proceeding, and each party shall have the opportunity to comment on the proposed settlement unless otherwise ordered by the presiding officer.
(d) Review of settlement by the presiding officer. The settlement petition will be reviewed by the presiding officer, if one has been assigned. If the presiding officer rules on the petition, the ruling will be made in the form of an initial or recommended decision, subject to § 5.537 (relating to rate case settlements), if approved, or in the form of an order, if disapproved. The presiding officer will determine if the settlement is in the public interest.
(e) Waiver of exceptions. The exception period may be waived upon agreement of the parties.
(f) Disposition of exceptions. If timely exceptions are filed, they will be considered in a ruling made on the settlement petition.
(g) Review of a settlement petition by the Commission. When no presiding officer has been assigned, the Commission will review the settlement. Parties not joining in the settlement may submit objections to the Commission within 20 days of the filing of the petition unless another time period is set by the Commission.
The provisions of this § 5.232 amended under the Public Utility Code, 66 Pa.C.S. § § 501, 504506, 1301 and 1501.
The provisions of this § 5.232 adopted October 12, 1984, effective January 1, 1985, 14 Pa.B. 3819; 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 (225667) to (225668).
This section cited in 52 Pa. Code § 5.224 (relating to prehearing conference in rate proceedings); and 52 Pa. Code § 5.411 (relating to oral examination).
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