Section 5.91. Amendments of pleadings generally

(a) Generally. A modification of or supplement to an application, complaint, petition or other pleading shall be deemed as an amendment to the pleading, and must comply with the requirements of this subchapter relating to the pleading amended.

(b) Amendments in response to preliminary objections. A party may file an amended pleading as of course within 20 days after service of a copy of a preliminary objection filed under § 5.101 (referring to preliminary objections). If a party has filed an amended pleading as of course, the preliminary objections to the original pleading shall be deemed moot.

(c) Limitation. Except as otherwise provided in this subchapter, no amendment to a pleading may be filed within 5 days preceding the commencement of or during a hearing unless directed or permitted by the Commission or the presiding officer after opportunity for all parties to be heard thereon.

(d) Exception in rate cases. This section does not apply to an increase in the aggregate amount of a general rate increase request.

(e) Subsections (a)—(d) supersede 1 Pa. Code § 35.48 (relating to amendments of pleadings generally).

The provisions of this § 5.91 adopted October 12, 1984, effective January 1, 1985, 14 Pa.B. 3819; amended April 28, 2006, effective April 29, 2006, 36 Pa.B. 2097. Immediately preceding text appears at serial page (225654).

Notation

Authority

The provisions of this § 5.91 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 § 5.65 (relating to answers to amendments of pleadings); and 52 Pa. Code § 5.101 (relating to preliminary objections).