Section 5.21. Formal complaints generally

(a) A person complaining of an act done or omitted to be done by a person subject to the jurisdiction of the Commission, in violation, or claimed violation of a statute which the Commission has jurisdiction to administer, or of a regulation or order of the Commission, may file a formal complaint with the Commission.

(b) If the complaint relates to a provision in a tariff, regulation, report or other similar document on file with the Commission as a matter of public record, the document should be identified.

(c) A copy of the complaint will be served by the Commission, by certified mail, upon the respondent. If the complaint proposes to change an existing or proposed tariff rate of a fixed public utility subject to the jurisdiction of the Commission, a copy of the complaint will be served by the Commission on the Office of Trial Staff, Office of Consumer Advocate and Office of Small Business Advocate.

(d) The filing of a formal compliant entitles the complainant to a formal hearing before the Commission except that the Commission may dismiss any complaint without a hearing if, in its opinion, a hearing is not necessary in the public interest. Motions may be filed in accordance with § § 5.101 and 5.102 (referring to preliminary objections; and motions for summary judgment and judgment on the pleadings).

(e) With respect to complaints filed against the Commission, no answer need be filed. The issues in the proceeding will be determined by prehearing conference memoranda or as specified by the presiding officer.

(f) Subsections (a)—(e) supersede 1 Pa. Code § 35.9 (relating to formal complaints generally).

The provisions of this § 5.21 adopted October 12, 1984, effective January 1, 1985, 14 Pa.B. 3819; amended January 24, 1997, effective January 25, 1997, 27 Pa.B. 414. Immediately preceding text appears at serial pages (215940) and (222431).

Notation

Authority

The provisions of this § 5.21 amended under the Public Utility Code, 66 Pa.C.S. § § 501, 504—506, 1301 and 1501.

Notes of Decisions

Hearings

The Pennsylvania Public Utility Commission’s decision to dismiss a complaint or protest regarding an application for certificate of public convenience, without conducting a hearing, will be reversed by Commonwealth Court only if there was an abuse of discretion. Chester Water Authority v. Pennsylvania Public Utility, 822 A.2d 146 (Pa. Cmwlth. 2003); appeal granted 854 A.2d 968 (Pa. 2004); order reversed 868 A.2d 384 (Pa. 2005). Where issues of material fact are raised, however, a hearing is required to protect due process concerns. Id. at 152.

Standing

Gas marketing company had standing to file a formal complaint against utility on behalf of its 150 customers who were also customers of the utility, alleging that the utility’s proposed MSSS rate would adversely affect the customers’ operating costs and would permit impermissible discrimination against some of those customers in violation of section 1304 of the Public Utility Code. Interstate Gas Marketing, Inc. v. Pennsylvania Public Utility Commission, 679 A.2d 1349 (Pa. Cmwlth. 1996); reargument denied (1996).

Cross References

This section cited in 52 Pa. Code § 5.22 (relating to content of formal complaint); 52 Pa. Code § 30.52 (relating to commencement of complaints); 52 Pa. Code § 62.111 (relating to bonds or other security); 52 Pa. Code § 62.142 (relating to standards of conduct); and 52 Pa. Code § 63.144 (relating to remedies).