Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

• No statutes or acts will be found at this website.

The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 52 Pa.B. 3668 (June 25, 2022).

Pennsylvania Code



Subchapter C. INTERLOCUTORY REVIEW


Sec.


5.301.    Interlocutory review generally.
5.302.    Petition for interlocutory Commission review and answer to a material question.
5.303.    Commission action on petition for interlocutory review and answer.
5.304.    Interlocutory review of discovery matters.
5.305.    Interlocutory review of a material question submitted by a presiding officer.
5.306.    Notification by telephone.

Cross References

   This subchapter cited in 52 Pa. Code §  5.233 (relating to refusal to make admissions or stipulations).

§ 5.301. Interlocutory review generally.

 (a)  The Commission will not permit interlocutory review of rulings made by a presiding officer during the course of proceedings, except as permitted by the act and as specified in this subchapter.

 (b)  Subsection (a) supersedes 1 Pa. Code §  35.190 (relating to appeals to agency head from rulings of presiding officers).

Authority

   The provisions of this §  5.301 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 §  5.301 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. Immediately preceding text appears at serial pages (215970) to (215971).

Cross References

   This section cited in 52 Pa. Code §  5.304 (relating to interlocutory review of discovery matters).

§ 5.302. Petition for interlocutory Commission review and answer to a material question.

 (a)  During the course of a proceeding, a party may file a timely petition directed to the Commission requesting review and answer to a material question which has arisen or is likely to arise. The petition must be in writing with copies served on all parties and the presiding officer and state, in not more than three pages, the question to be answered and the compelling reasons why interlocutory review will prevent substantial prejudice or expedite the conduct of the proceeding.

 (b)  Within 10 days of service of the petition, each party may submit a brief directed to the Commission supporting or opposing the petition and addressing the merits of the question for which an answer is requested and whether a stay of proceedings is required to protect the substantial rights of a party. The brief may not exceed 15 pages.

 (c)  The petitioning party shall also provide with the brief rulings on its question and extracts from the record as will assist the Commission in reaching a decision.

 (d)  Additional briefs are not permitted unless directed by the Commission.

Authority

   The provisions of this §  5.302 amended under the Public Utility Code, 66 Pa.C.S. § §  501, 504—506, 1301 and 1501.

Source

   The provisions of this §  5.302 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 (225675) to (225676).

Cross References

   This section cited in 52 Pa. Code §  5.304 (relating to interlocutory review of discovery matters).

§ 5.303. Commission action on petition for interlocutory review and answer.

 (a)  Within 30 days of receipt of the petition, the Commission will, without permitting oral argument, do one of the following:

   (1)  Continue, revoke or grant a stay of proceedings if necessary to protect the substantial rights of the parties.

   (2)  Determine that the petition was improper and return the matter to the presiding officer.

   (3)  Decline to answer the question.

   (4)  Answer the question.

 (b)  The Commission will act promptly on petitions. Petitions for Commission review and answer which are not granted within 30 days of filing will be deemed to be denied.

Authority

   The provisions of this §  5.303 amended under the Public Utility Code, 66 Pa.C.S. § §  501, 504—506, 1301 and 1501.

Source

   The provisions of this §  5.303 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 page (225676).

Cross References

   This section cited in 52 Pa. Code §  5.304 (relating to interlocutory review of discovery matters); and 52 Pa. Code §  5.482 (relating to disqualification of a presiding officer).

§ 5.304. Interlocutory review of discovery matters.

 (a)  General. Rulings of presiding officers on discovery are not subject to interlocutory review unless one or more of the following apply:

   (1)  Interlocutory review is ordered by the Commission.

   (2)  Interlocutory review is certified by the presiding officer.

   (3)  The ruling has as its subject matter the deposing of a Commissioner or Commission employee.

 (b)  Standard for certification. A presiding officer may certify that a discovery ruling is appropriate for interlocutory review when the ruling involves an important question of law or policy that should be resolved immediately by the Commission.

 (c)  Petition for certification. A petition for interlocutory review of a presiding officer’s ruling on discovery must:

   (1)  Be filed within 3 days of the ruling.

   (2)  Be in writing.

   (3)  State the question to be certified and the reasons why interlocutory review will prevent substantial prejudice or expedite the conduct of the proceedings.

   (4)  Be no more than 3 pages in length.

   (5)  Be filed with the Secretary and served on all parties and the presiding officer.

 (d)  Responsive brief. A party may file a responsive brief within 7 days of a request for certification, which:

   (1)  Either supports or opposes certification.

   (2)  Addresses the merits of the question for which certification is requested.

   (3)  Addresses whether a stay of proceedings is required to protect the substantial rights of a party.

   (4)  Does not exceed 15 pages.

 (e)  Presiding officer’s decision. The presiding officer will announce the decision in writing or orally on the record within 5 days of the deadline for filing responsive briefs. The presiding officer’s decision will include the reasons why certification has been granted or denied and whether a stay of the proceedings has been granted.

   (1)  If the presiding officer denies the request for certification, no further action is required of the presiding officer.

   (2)  If the presiding officer’s decision is to grant the request for certification, the presiding officer will serve to each Commissioner the certified question within 5 days of the announcement of the decision. The presiding officer will include the reasons justifying certification, rulings on the certified question and extracts from the record that will assist the Commission in reaching a decision.

 (f)  Brief to the Commission following certification. Parties may submit a brief to the Commission and no other briefs are permitted unless directed by the Commission. A brief may not exceed 15 pages and must address:

   (1)  The issue of certification.

   (2)  The merits of the certified question.

   (3)  The stay of proceedings, when appropriate.

 (g)  Scheduling of certified question. Upon the expiration of the time provided for filing briefs, the Secretary will schedule the certified question for consideration at the next meeting of the Commission.

 (h)  Action by the Commission. Within 30 days of receipt of the certified question by the Secretary, the Commission will, without permitting oral argument, do one of the following:

   (1)  Continue, revoke or grant a stay of proceedings.

   (2)  Determine that the certification was improper and return the matter to the presiding officer for resolution.

   (3)  Answer the certified question.

     (i)   Failure to act. Failure of the Commission to act on a certified question within 30 days of its receipt will be deemed to be an affirmance of the decision of the presiding officer.

 (j)  Effect on proceedings. An interlocutory appeal from the ruling of the presiding officer on discovery will not result in a stay of the proceedings except upon a finding by the presiding officer or the Commission that extraordinary circumstances exist, or to protect the substantial rights of the parties.

Authority

   The provisions of this §  5.304 amended under the Public Utility Code, 66 Pa.C.S. § §  501, 504—506, 1301 and 1501.

Source

   The provisions of this §  5.304 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 (225677) to (225678).

§ 5.305. Interlocutory review of a material question submitted by a presiding officer.

 (a)  During the course of a proceeding, a presiding officer may certify to the Commission for review and answer a material question which has arisen or is likely to arise. The question will be accompanied by the following:

   (1)  An explanation of the compelling reasons why interlocutory review will prevent prejudice or expedite the conduct of the proceeding.

   (2)  A statement as to whether a stay of the proceedings has been placed in effect.

   (3)  An extract from the record that will assist the Commission.

 (b)  A copy of the question certified and the accompanying information will be served on the parties at the same time it is submitted to the Commission.

 (c)  Within 7 days of service of the certification, each party may submit a brief directed to the Commission addressing the merits of the question for which an answer is requested and whether a stay of proceedings is required to protect the substantial rights of a party. The brief may not exceed 15 pages.

 (d)  Additional briefs will not be permitted unless directed by the Commission.

 (e)  Within 30 days of receipt of the certified question, the Commission will, without permitting oral argument, do one of the following:

   (1)  Continue, revoke or grant a stay of proceedings.

   (2)  Determine that the certification was improper and return the matter to the presiding officer for resolution.

   (3)  Answer the certified question.

 (f)  Failure of the Commission to act upon a certified question within 30 days of its receipt will be deemed to be an affirmance of the decision of the presiding officer.

Authority

   The provisions of this §  5.305 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 §  5.305 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 (225678) to (225679).

Cross References

   This section cited in 52 Pa. Code §  3.10 (relating to Commission review of interim emergency orders).

§ 5.306. Expedited notification.

 A presiding officer may order notification of parties by telephone, telefacsimile or other electronic means when time periods are short and delivery by mail may not prove adequate. Notification by means other than by mail will be confirmed by the presiding officer by service in writing and a filing will be made with the Secretary regarding confirmation.

Authority

   The provisions of this §  5.306 adopted 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 §  5.306 adopted 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 page (225679).



No part of the information on this site may be reproduced for profit or sold for profit.


This material has been drawn directly from the official Pennsylvania Code full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.