Section 5.42. Petitions for declaratory orders

(a) Petitions for the issuance of a declaratory order to terminate a controversy or remove uncertainty must:

(1) State clearly and concisely the controversy or uncertainty which is the subject of the petition.

(2) Cite the statutory provision or other authority involved.

(3) Include a complete statement of the facts and grounds prompting the petition.

(4) Include a full disclosure of the interest of the petitioner.

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

(c) Copies shall also be served in compliance with Commission direction.

(d) Subsections (a)—(c) supersede 1 Pa. Code § 35.19 (relating to petitions for declaratory orders).

The provisions of this § 5.42 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 (287757) to (287758).

Notation

Authority

The provisions of this § 5.42 amended under the Public Utility Code, 66 Pa.C.S. § § 501, 504—506, 1301 and 1501.

Cross References

This section cited in 52 Pa. Code § 3.4 (relating to hearings following issuance of emergency); 52 Pa. Code § 3.601 (relating to general); and 52 Pa. Code § 5.41 (relating to petitions generally).

Notes of Decisions

Hearings

Where petitioner’s only attempt to seek evidentiary hearing was a letter dated 2 days before the Commission’s order, the Commission did not err in making a decision without hearing, as it was petitioner’s obligation to state in its petition all facts necessary to support its petition. Professional Paramedical Services, Inc. v. Pennsylvania Public Utility Commission, 525 A.2d 1274 (Pa. Cmwlth. 1987); appeal denied 538 A.2d 879 (Pa. 1988).