Section 5.224. Prehearing conference in rate proceedings

(a) In a rate proceeding, the presiding officer may schedule the following:

(1) A first prehearing conference to establish a schedule for discovery and tentative hearing dates, as well as the matters in § 5.222 (relating to initiation of prehearing conferences in nonrate proceedings).

(2) Other conferences as deemed necessary.

(3) A conference held telephonically, upon agreement of the parties.

(b) The first prehearing conference shall be held as soon as practicable after the entry of the order of investigation. The parties shall come to the first prehearing conference prepared to discuss the following:

(1) A proposed plan and schedule of discovery, which may include specific limitations on the number of written interrogatories and requests for admissions a party may propound on another party.

(2) Other proposed orders with respect to discovery, including the establishment of sanctions (in addition to those provided by § § 5.371 and 5.372 (relating to sanctions—general; and sanctions—types)) against any party failing to respond to discovery in a timely manner.

(3) Tentative scheduling of evidentiary hearings, close of the record, filing of briefs and other matters deemed appropriate.

(c) At the first prehearing conference, parties may submit a written statement addressing the issues in subsection (b) and shall list:

(1) The presently identified issues.

(2) The names and addresses of the witnesses.

(3) The proposed area of testimony of each witness.

(d) Following the first prehearing conference, the presiding officer will enter an order establishing a tentative set of hearing dates, establishing a plan and schedule for discovery, determining whether a public input hearing will be held, if that decision has not already been made, and addressing other matters deemed necessary.

(e) Further prehearing conferences may be scheduled at the discretion of the presiding officer.

(f) The presiding officer, or the Commission will have the authority to amend the requirements of this section either sua sponte or upon motion of a party.

(g) The rules applicable to prehearing and other conferences in § § 5.221—5.223 (relating to conferences to adjust, settle or expedite proceedings; initiation of prehearing conferences in nonrate proceedings; and authority of presiding officer at conferences) are applicable to prehearing conferences in rate cases except to the extent they are inconsistent with this section.

The provisions of this § 5.224 adopted October 12, 1984, effective January 1, 1985, 14 Pa.B. 3819; amended December 2, 1988, effective January 3, 1989, 18 Pa.B. 5451; 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 (225665) to (225666).

Notation

Authority

The provisions of this § 5.224 amended under the Public Utility Code, 66 Pa.C.S. § § 309—311, 315, 331—335, 501, 504—506, 701—703, 1101—1103, 1301 and 1501.

Cross References

This section cited in 52 Pa. Code § 5.222 (relating to initiation of prehearing conferences in nonrate proceedings); and 52 Pa. Code § 5.234 (relating to presentation and effect of stipulations).