Section 5.74. Filing of petitions to intervene

(a) Petitions to intervene may be filed following the filing of an application, petition, complaint or other document seeking Commission action.

(b) Petitions to intervene shall be filed:

(1) No later than the date fixed for the filing of responsive pleadings in an order or notice with respect to the proceedings but not less than the notice and protest period established under § § 5.14 and 5.53 (relating to applications requiring notice; and time of filing) absent good cause shown.

(2) No later than the date fixed for filing protests as published in the Pennsylvania Bulletin except for good cause shown.

(3) In accordance with § 5.53 if no deadline is set in an order or notice with respect to the proceedings.

(4) A statutory advocate may exercise a right of participation or file a notice of intervention consistent with law at any time in a proceeding. A statutory advocate exercising a right of participation or filing a notice of intervention following expiration of any protest or intervention period shall take the record as developed unless determined otherwise in exceptional circumstances for good cause shown.

(c) Except with regard to statutory advocates under subsection (b)(4), intervention will not be permitted once an evidentiary hearing has concluded absent extraordinary circumstances.

(d) The Commission or presiding officer may, when the circumstances warrant, permit the waiver of the requirements of § 5.409 (relating to copies and form of documentary evidence) with respect to copies of exhibits for the intervenor.

(e) Subsections (a)—(d) supersede 1 Pa. Code § 35.30 (relating to filing of petitions to intervene).

The provisions of this § 5.74 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 page (225652).

Notation

Authority

The provisions of this § 5.74 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 § 1.8 (relating to definitions); 52 Pa. Code § 5.41 (relating to petitions generally); and 52 Pa. Code § 5.75 (relating to notice, service and action on petitions to intervene).