Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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Pennsylvania Code



Subchapter I. REOPENING, RECONSIDERATION AND REHEARING


Sec.


5.571.    Reopening prior to a final decision.
5.572.    Petitions for relief following a final decision.

§ 5.571. Reopening prior to a final decision.

 (a)  At any time after the record is closed but before a final decision is issued, a party may file a petition to reopen the proceeding for the purpose of taking additional evidence.

 (b)  A petition to reopen must set forth clearly the facts claimed to constitute grounds requiring reopening of the proceeding, including material changes of fact or of law alleged to have occurred since the conclusion of the hearing.

 (c)  Within 10 days following the service of the petition, another party may file an answer thereto.

 (d)  The record may be reopened upon notification to the parties in a proceeding for the reception of further evidence if there is reason to believe that conditions of fact or of law have so changed as to require, or that the public interest requires, the reopening of the proceeding.

   (1)  The presiding officer may reopen the record if the presiding officer has not issued a decision or has not certified the record to the Commission.

   (2)  The Commission may reopen the record after the presiding officer has issued a decision or certified the record to the Commission.

 (e)  Subsections (a)—(e) supersede 1 Pa. Code § §  35.231—35.233 (relating to reopening of record).

Authority

   The provisions of this §  5.571 amended under the Public Utility Code, 66 Pa.C.S. § §  501, 504—506, 1301 and 1501.

Source

   The provisions of this §  5.571 adopted October 14, 1984, effective January 1, 1985, 14 Pa.B. 3819; amended April 28, 2006, effective April 29, 2006, 36 Pa.B. 2097. Immediately preceding text appears at serial page (275287).

Cross References

   This section cited in 52 Pa. Code §  5.431 (relating to close of record).

§ 5.572. Petitions for relief.

 (a)  Petitions for rehearing, reargument, reconsideration, clarification, rescission, amendment, supersedeas or the like must be in writing and specify, in numbered paragraphs, the findings or orders involved, and the points relied upon by petitioner, with appropriate record references and specific requests for the findings or orders desired.

 (b)  A copy of every petition covered by subsection (a) shall be served upon each party to the proceeding.

 (c)  Petitions for reconsideration, rehearing, reargument, clarification, supersedeas or others shall be filed within 15 days after the Commission order involved is entered or otherwise becomes final.

 (d)  Petitions for rescission or amendment may be filed at any time according to the requirements of section 703(g) of the act (relating to fixing of hearings).

 (e)  Answers to a petition covered by subsection (a) shall be filed and served within 10 days after service of a petition.

 (f)  Subsections (a)—(e) supersede 1 Pa. Code §  35.241 (relating to application for rehearing or reconsideration).

Authority

   The provisions of this §  5.572 amended under the Public Utility Code, 66 Pa.C.S. § §  501, 504—506, 1301 and 1501.

Source

   The provisions of this §  5.572 adopted October 14, 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 (275287) to (275288).

Notes of Decisions

   Petition for Reconsideration

   Where the petitioners failed to raise new or novel arguments not previously considered by the Pennsylvania Public Utility Commission in the petition for reconsideration, they did not meet the established standard to warrant that the Commission reopen the proceeding. Pennsylvania Public Utility Commission v. PECO Energy Co., M-00960820, P.U.R. 4th, Slip Opinion, (February 12, 1999).



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