Section 5.41. Petitions generally

(a) General requirements. Petitions for relief under the act or other statute that the Commission administers, must be in writing, state clearly and concisely the interest of the petitioner in the subject matter, the facts and law relied upon, and the relief sought. Petitions for relief must comply with § 1.51 (relating to Instructions for service, notice, and protest).

(b) Service. A copy of the petition shall be served on all persons directly affected and on other parties whom petitioner believes will be affected by the petition. Copies of the petition shall be served upon the Office of Trial Staff, the Office of Consumer Advocate and the Office of Small Business Advocate. Service shall be evidenced with a certificate of service filed with the petition.

(c) Copies. Copies shall also be served as directed by the Commission.

(d) Subsection (a) supersedes 1 Pa. Code § 35.17 (relating to petitions generally).

The provisions of this § 5.41 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 (225644) and (287757).

Notation

Authority

The provisions of this § 5.41 amended under the Public Utility Code, 66 Pa.C.S. § § 501, 504—506, 1301 and 1501.

Notes of Decisions

Letter from corporate officer requesting reinstatement of Certificate of Public Convenience was properly considered although not in formal compliance with regulations. P-I-E Nationwide, Inc. v. Pennsylvania Public Utility Commission, 567 A.2d 1124 (Pa. Cmwlth. 1989).

Cross References

This section cited in 52 Pa. Code § 3.2 (relating to petitions for issuance of emergency orders); 52 Pa. Code § 3.4 (relating to hearings following issuance of emergency); 52 Pa. Code § 3.6 (relating to petitions for interim emergency orders); 52 Pa. Code § 3.601 (relating to general); 52 Pa. Code § 5.211 (relating to notice of rulemaking proceedings); 52 Pa. Code § 5.232 (relating to settlement petitions and stipulations of fact); and 52 Pa. Code § 57.86 (relating to exceptions).