PROPOSED RULEMAKING
PENNSYLVANIA PUBLIC UTILITY COMMISSION
[52 PA. CODE CHS. 1, 3 AND 5]
Advance Notice of Proposed Rulemaking Order
[32 Pa.B. 4727] Public Meeting held
September 12, 2002Commissioners Present: Glen R. Thomas, Chairperson; Robert K. Bloom, Vice Chairperson; Aaron Wilson, Jr.; Terrance J. Fitzpatrick; Kim Pizzingrilli
Advance Notice of Proposed Rulemaking for Revision of 52 Pa. Code Chs. 1, 3 and 5 pertaining to Practice and Procedure before the Commission; Doc. No. L-00020156
Advance Notice of Proposed Rulemaking Order By the Commission:
The Commission's rules of practice and procedure have been the subject of numerous formal revisions in 1985, 1988, 1989 and, most recently, in 1996. The Commission views the procedural regulations as a work in progress, which are meant to provide guidance and structure for practice before the Commission. As utility regulation itself evolves, the rules must also change to adapt to the realities of the practice itself.
Recognizing that the years since the last revision have brought significant changes to the Commission's jurisdiction and responsibilities and noting room for improvement in the rules, it is the Commission's intent to solicit input regarding revision of 52 Pa. Code Chs. 1, 3 and 5 and to carefully consider the views of all interested persons prior to taking any formal action. In particular, with the advent of competition in the utility industry, bringing new players and an increased complexity of the issues to be addressed, we are interested in obtaining comments to improve the efficiency, effectiveness, clarity and basic fairness of our rules of practice. For example, the comments may address any number of topics, including but not limited to:
* Rules regarding preliminary objections
* Procedures for off-the-record communications
* ADR/settlements
* Representation before the Commission
* Sanctions
* ETA and TA Applications
* Standards for intervention and standing
* Standards and procedures for emergency orders
* Consistency in filing deadlines
* Procedures to obtain extensions of time
* Procedures for review of compliance filings
* Policies that should be codified as regulations
* Standards for filing
Comments may be filed by any interested person or on behalf of an entity, and each comment should clearly indicate: (1) the numerical designation of the subject section(s); (2) the reason for the proposed change(s); and (3) specific proposed language for the regulation(s). These three factors are vital to enable the Commission to give due consideration to each comment received.
Due to the comprehensive nature of a rulemaking and the sheer number of regulatory sections which are open for review, interested parties will be given 60 days from the date of publication of the Advance Notice of Proposed Rulemaking in the Pennsylvania Bulletin for the submission of comments. The Commission is committed to completing the revisions to its procedural regulations in a timely fashion. Since the comment period is a generous one, no extensions will be granted for the filing of comments; Therefore,
It is Ordered That:
1. A rulemaking proceeding is hereby initiated at this docket to consider the revision of the regulations appearing in 52 Pa. Code Chs. 1, 3 and 5, relating to the Commission's rules of practice and procedure.
2. An Advance Notice of Proposed Rulemaking regarding revision of regulations appearing in 52 Pa. Code Chs. 1, 3 and 5, relating to the Commission's rules of practice and procedure, be published in the Pennsylvania Bulletin.
3. Interested parties shall have 60 days from the date of publication in the Pennsylvania Bulletin of the Advance Notice of Proposed rulemaking to file written comments.
4. Comments should, where appropriate, include a numerical reference to the existing regulation(s) which the comment(s) address, should include proposed language for revision and should provide a clear explanation for the recommendation.
5. Interested parties should file an original plus ten copies of each comment to the Secretary, Pennsylvania Public Utility Commission, P. O. Box 3265, Harrisburg, PA 17105-3265. The Commission's contact person is Assistant Counsel, Susan D. Colwell, (717) 783-3459.
JAMES J. MCNULTY,
Secretary
[Pa.B. Doc. No. 02-1681. Filed for public inspection September 27, 2002, 9:00 a.m.]
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