Section 1.82. Withdrawal or termination

(a) A party that desires to terminate an uncontested matter or proceeding before final decision by the Commission or otherwise desires to withdraw a submittal or pleading, shall file a petition for leave to withdraw the appropriate document. If no party objects to the petition within 10 days of service, the matter may be stricken by the Commission or by the presiding officer. If upon review the presiding officer or the Commission determines that the public interest requires continuation of the proceedings, the petition will be denied and the staff may be directed to participate.

(b) Withdrawal of a pleading in a contested proceeding is governed by § 5.94 (relating to withdrawal of pleadings in a contested proceeding).

(c) Subsections (a) and (b) supersede 1 Pa. Code § 33.42 (relating to withdrawal or termination).

The provisions of this § 1.82 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 April 28, 2006, effective April 29, 2006, 36 Pa.B. 2097. Immediately preceding text appears at serial pages (225582) to (225583).

Notation

Authority

The provisions of this § 1.82 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.

Cross References

This section cited in 52 Pa. Code § 5.94 (relating to withdrawal of pleadings in a contested proceeding); and 52 Pa. Code § 121.4 (relating to filing and Commission review procedures).