Section 69.406. Review of full and partial settlements

(a) Objections to a settlement of the issues in a general rate increase proceeding should be filed within 10 days of the date the settlement is filed with the ALJ. The ALJ will issue a recommended decision regarding the settlement or stipulation within 21 days or less of the deadline for filing objections. Parties objecting to a proposed settlement or stipulation are encouraged to set forth facts, affidavits, argument and relevant legal analysis and, if desired, a specific request to continue to litigate. A request to litigate should be supported by appropriate information and legal argument concerning the implications of denial of a continued opportunity to litigate the matter in lieu of settlement.

(b) Exceptions to the ALJ’s recommended decision will be filed within 7 days after the date the recommended decision is issued. Unless otherwise permitted by the Commission, reply exceptions will not be accepted.

(c) If only a stipulation of certain general rate increase issues is achieved, the ALJ will provide for an expedited schedule for hearing and briefing of the non-settled issues. The Commission will also provide for an expedited schedule for the filing of exceptions and review of the ALJ’s recommended decision.

The provisions of this § 69.406 adopted September 2, 1994, effective February 1, 1995, 24 Pa.B. 4485.

Notation

Cross References

This section cited in 52 Pa. Code § 69.401 (relating to general).