Section 5.331. Sequence and timing of discovery

(a) A party to the Commission proceeding may conduct discovery.

(b) A party shall initiate discovery as early in the proceedings as reasonably possible. In a proceeding, the right to discovery commences when a complaint, protest or other adverse pleading is filed or when the Commission institutes an investigation or on the record proceeding, whichever is earlier.

(c) Commission staff may initiate discovery at an earlier time. Commission staff discovery prior to formal Commission action to initiate a proceeding shall be designated as ‘‘Staff data requests’’ and shall be answered fully and completely by the utility within the time periods specified in § 5.342(d) (relating to answers or objections to written interrogatories by a party). Unless a presiding officer has been designated, objections and motions to compel shall be ruled upon by the Chief Administrative Law Judge.

(d) In a rate proceeding, initial discovery directed to data or information supplied by the public utility at the time of the initiation of the proceeding shall be submitted to the utility within 10 working days following the first prehearing conference. The presiding officer may establish reasonable limitations upon the timing of discovery.

(e) Unless the presiding officer upon motion, for the convenience of parties and witnesses and in the interests of justice, orders otherwise, methods of discovery may be used in any sequence and the fact that a party is conducting discovery will not operate to delay another party’s discovery.

The provisions of this § 5.331 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 (225684) to (225685).

Notation

Authority

The provisions of this § 5.331 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.

Notes of Decisions

Discovery Denied

The procedures used by the Public Utility Commission were sufficient to satisfy 66 Pa.C.S. § 519 requirement that the Commission provide ‘‘reasonable notice and hearing’’ when considering an application for an electric generating unit fueled by oil or natural gas. Given the Commonwealth Court’s limited scope of review of a decision of the Commission and the implicit discretion of the presiding officer to interpret the phrase ‘‘reasonably possible,’’ the court cannot conclude that it erred in denying the energy company’s motion to compel discovery as untimely. Diamond Energy Inc. v. Pennsylvania Public Utility Commission, 653 A.2d 1360 (Pa. Cmwlth. 1995).

Cross References

This section cited in 52 Pa. Code § 5.351 (relating to on the record data requests).