RULES AND REGULATIONS
Title 52—PUBLIC UTILITIES
PENNSYLVANIA PUBLIC UTILITY COMMISSION
[ 52 PA. CODE CHS. 1, 3, 5, 23, 29, 32,
53, 54, 57, 59 AND 62 ]
[L-2012-2324073]
Paper Copy and Electronic Copy Filing Requirements
[44 Pa.B. 249]
[Saturday, January 11, 2014]The Pennsylvania Public Utility Commission (Commission), on August 15, 2013, adopted a final rulemaking order amending existing Commission paper and electronic filing requirements by eliminating additional paper copies of certain documents, increasing the size limit of eFiled documents and dispensing with the requirement for a paper copy of eFiled documents less than 250 pages.
Executive Summary
In order to facilitate a review of its procedural regulations, the Pennsylvania Public Utility Commission (Commission) formed the Efficient Work Group consisting of internal staff from the Commission's Office of Administrative Law Judge, Secretary's Bureau, Law Bureau, Bureau of Investigation and Enforcement (formally Office of Trial Staff), Bureau of Consumer Services, Bureau of Technical Utility Services, Office of Special Assistants and Management Information Services. After a period of study and discussion, the Efficient Work Group determined that due to the recently completed reorganization of the Commission, advances in technology and the ability of many practitioners to make electronic filings at the Commission, the Commission should change some of its procedural regulations to reduce paper copy filings.
On February 28, 2013, the Commission issued a Proposed Rulemaking Order inviting comment to our proposed amendments to our procedural regulations which will: (1) eliminate the requirement to file additional paper copies, beyond a signed original, of certain documents, (2) increase the size limit of qualified documents that may be electronically filed (eFiled) with the Commission and (3) dispense with the requirement for a paper copy of eFiled documents, that are less than 250 pages in length, to be filed with the Commission. These proposed changes to our procedural regulations will result in savings of time and resources for both parties appearing before the Commission and Commission staff by reducing paper copy filings. Based upon our review and consideration of the single comment filed in support of this rulemaking proceeding by the Energy Association of Pennsylvania, the Commission proposes to adopt the final regulations as set forth at 43 Pa.B. 2602 (May 11, 2013) and Annex A.
Public Meeting held
August 15, 2013Commissioners Present: Robert F. Powelson, Chairperson; John F. Coleman, Jr., Vice Chairperson; Wayne E. Gardner; James H. Cawley; Pamela A. Witmer
Amendment of Paper Copy and Electronic Copy Filing Requirements; Doc. Nos. L-2012-2324073; L-2012-2296005; L-00070187; M-2012-2317481; M-2008-2072592
Final Rulemaking Order By the Commission:
On February 28, 2013, the Pennsylvania Public Utility Commission (Commission) issued a Proposed Rulemaking Order proposing to implement changes to our procedural regulations to: (1) eliminate the requirement to file additional paper copies, beyond a signed original, of certain documents, (2) increase the size limit of qualified documents that may be electronically filed (eFiled) with the Commission and (3) dispense with the requirement for a paper copy of eFiled documents, that are less than 250 pages in length, to be filed with the Commission. The Commission proposed these changes to our regulations in order to simplify practice before the Commission and diminish the burden upon parties appearing before the Commission by reducing the amount of paper they must file with the agency. Based upon our review and consideration of the comment filed in support of this rulemaking proceeding by the Energy Association of Pennsylvania (EAP), we shall adopt the final regulations as set forth as proposed at 43 Pa.B. 2602 and Annex A.
Background. On February 28, 2013, the Commission issued a Proposed Rulemaking Order, Docket Nos. L-2012-2324073, L-2012-2296005, L-00070187, M-2012-2317481 and M-2008-2072592, proposing a number of modifications to our existing regulations to facilitate significant savings of time and resources for both parties appearing before the Commission and Commission staff by reducing paper copy filings in general. To maximize efficiency, the Commission encouraged interested parties filing comments in response to our February 28, 2013 Proposed Rulemaking Order to point out any further regulations containing paper copy filing requirements that may also be appropriate for elimination and/or waiver.
Discussion. In response to our proposed amendments set forth in the February 28, 2013 Proposed Rulemaking Order and Annex A thereto, the Commission received comments in support of the rulemaking from EAP. In its comments, EAP applauded the Commission's initiative to review and streamline its procedural regulations for document filings and supports the amendments. EAP further commented that it looks forward to working with the Commission as it continues to seek to simplify its current processes so as to promote efficiency and administrative economy in its regulatory role.
The Independent Regulatory Review Commission (IRRC) reviewed the Commission's proposed amendments and had no objections, comments or recommendations to offer on the regulations.
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on February 22, 2013, the Commission submitted a copy of the notice of proposed rulemaking, published at 43 Pa.B. 2602 and Annex A, to IRRC and the Chairpersons of the House Consumer Affairs Committee and the Senate Consumer Protection and Professional Licensure Committee for review and comment.
Under section 5(c) of the Regulatory Review Act, IRRC and the House and Senate Committees were provided with copies of the comments received during the public comment period, as well as other documents when requested. In preparing the final-form rulemaking, the Department has considered all comments from IRRC, the House and Senate Committees and the public.
Under section 5.1(j.2) of the Regulatory Review Act (71 P. S. § 745.5a(j.2)), on November 6, 2013, the final-form rulemaking was deemed approved by the House and Senate Committees. Under section 5(g) of the Regulatory Review Act, the final-form rulemaking was deemed approved by IRRC effective November 6, 2012.
Conclusion
The amendments to our regulations will simplify practice before the Commission and diminish the burden upon parties appearing before the Commission by reducing the amount of paper they must file with the agency. These amendments will also result in significant savings of time and resources for parties appearing before the Commission and for Commission staff by reducing paper copy filings. The Commission, therefore, formally adopts the final regulations as set forth as proposed at 43 Pa.B. 2602 and Annex A.
Accordingly, pursuant to sections 501, 504, 505, 506, 1501, 3009(b),(d), and 2801, et seq., and the regulations promulgated thereunder at 52 Pa. Code §§ 57.191—57.197; and sections 201 and 202 of the act of July 31, 1968 P. L. 769, No. 240 (45 P. S. §§ 1201 and 1202), and the regulations promulgated thereunder at 1 Pa. Code §§ 7.1, 7.2 and 7.5; section 204(b) of the Commonwealth Attorneys Act (71 P. S. § 732.204(b)); section 745.5 of the Regulatory Review Act (71 P. S. § 745.5) and section 612 of The Administrative Code of 1929 (71 P. S. § 232), and the regulations promulgated thereunder at 4 Pa. Code §§ 7.231—7.234, we will adopt as final the amendments to the regulations as set forth as proposed at 43 Pa.B. 2602; Therefore, It Is Ordered That:
1. The regulations of the Commission, 52 Pa. Code Chapters 1, 3, 5, 23, 29, 32, 53, 54, 57, 59 and 62, are amended by amending §§ 1.32, 1.59, 3.101, 3.381, 3.383, 3.501, 5.502, 23.101, 23.121, 29.303, 32.2, 53.51, 54.32, 54.203, 57.72, 57.74, 57.141, 57.195, 59.81 and 62.103 to read as set forth at 43 Pa.B. 2602 and by amending § 1.37 as set forth in Annex A with the ellipses referring to the existing text of the regulations.
2. The Secretary shall submit this order and 43 Pa.B. 2602 and Annex A to the Office of Attorney General for approval as to legality.
3. The Secretary shall submit this order and 43 Pa.B. 2602 and Annex A to the Governor's Budget Office for review of fiscal impact.
4. The Secretary shall submit this order and 43 Pa.B. 2602 and Annex A for review by the designated standing committees of both houses of the General Assembly, and for review and approval by the Independent Regulatory Review Commission.
5. The Secretary shall duly certify this order and 43 Pa.B. 2602 and Annex A with the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.
6. These regulations shall become effective upon publication in the Pennsylvania Bulletin.
7. This order and 43 Pa.B. 2602 and Annex A be posted on the Commission's web site.
8. A copy of this order and 43 Pa.B. 2602 and Annex A shall be served on the Bureau of Investigation and Enforcement, the Office of Consumer Advocate, the Office of Small Business Advocate, and jurisdictional public utility industry and licensee trade associations.
9. The contact person for legal matters for this final rulemaking is Krystle J. Sacavage, Assistant Counsel, Law Bureau, (717) 787-5262. Alternate formats of this document are available to persons with disabilities and may be obtained by contacting Sherri DelBiondo, Regulatory Coordinator, Law Bureau, (717) 772-4597.
ROSEMARY CHIAVETTA,
Secretary(Editor's Note: For the text of the order of the Independent Regulatory Review Commission relating to this document, see 43 Pa.B. 6988 (November 23, 2013).)
Fiscal Note: Fiscal Note 57-293 remains valid for the final adoption of the subject regulations.
Annex A
TITLE 52. PUBLIC UTILITIES
PART I. PUBLIC UTILITY COMMISSION
Subpart A. GENERAL PROVISIONS
CHAPTER 1. RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE
Subchapter D. DOCUMENTARY FILINGS § 1.37. Number of copies.
(a) Paper filings. When a pleading, submittal or document other than correspondence is submitted in hard copy, an original and the cover letter shall be furnished to the Commission at the time of filing, except when:
* * * * * (3) A filing, including attachments, exceeds 10 megabytes, in addition to filing the requisite number of hard copies in accordance with this subpart, a CD-ROM or DVD containing the filing and an index to the filing shall be filed with the Commission.
(b) Electronic filings.
* * * * *
[Pa.B. Doc. No. 14-80. Filed for public inspection January 10, 2014, 9:00 a.m.]
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