Section 5.361. Limitation of scope of discovery and deposition

(a) Discovery or deposition is not permitted which:

(1) Is sought in bad faith.

(2) Would cause unreasonable annoyance, embarrassment, oppression, burden or expense to the deponent, a person or party.

(3) Relates to matter which is privileged.

(4) Would require the making of an unreasonable investigation by the deponent, a party or witness.

(b) In rate proceedings, discovery is not limited under subsection (a) solely because the discovery request requires the compilation of data or information which the answering party does not maintain in the format requested, in the normal course of business, or because the discovery request requires that the answering party make a special study or analysis, if the study or analysis cannot reasonably be conducted by the party making the request.

(c) If the information requested has been previously provided, the answering party shall specify the location of the information.

The provisions of this § 5.361 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 April 28, 2006, effective April 29, 2006, 36 Pa.B. 2097. Immediately preceding text appears at serial page (263609).

Notation

Authority

The provisions of this § 5.361 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

Abuse of Discretion

The Commission did not abuse its discretion in limiting city’s discovery request, seeking cost-of-service data from water company where city was financially and technically capable of performing the requested studies. City of Pittsburgh v. Pennsylvania Public Utility Commission, 526 A.2d 1243 (Pa. Cmwlth. 1987).

Scope of Discovery

This section limits the scope of discovery and prohibits discovery which would cause an unreasonable burden, expense or investigation by a participant. City of Pittsburgh v. Pennsylvania Public Utility Commission, 526 A.2d 1243 (Pa. Cmwlth. 1987); appeal denied 538 A.2d 880 (Pa. 1988).

Cross References

This section cited in 52 Pa. Code § 5.341 (relating to written interrogatories to a party).