NOTICES
INDEPENDENT REGULATORY REVIEW COMMISSION
Action Taken by the Commission
[44 Pa.B. 7424]
[Saturday, November 22, 2014]The Independent Regulatory Review Commission met publicly at 10 a.m., Thursday, November 6, 2014, and announced the following:
Action Taken—Regulations Approved:
Department of Labor and Industry #12-99: Special Rules of Administrative Practice and Procedure Before the Workers' Compensation Appeal Board and Workers' Compensation Judges (amends 34 Pa. Code (Chapters 111 and 131))
Pennsylvania Public Utility Commission #57-294: Review of Long Term Infrastructure Improvement Plan (amends 52 Pa. Code by adding Sections 121.1—121.8)
Pennsylvania Public Utility Commission #57-303: Electronic Access to Pre-Served Testimony (amends 52 Pa. Code Chapter 5)
Environmental Hearing Board #106-11: Environmental Hearing Board Rules of Practice and Procedure (amends 25 Pa. Code § 1021.94(c))
Approval Order Public Meeting Held
November 6, 2014Commissioners Voting: John F. Mizner, Esq., Chairperson; George D. Bedwick, Vice Chairperson; W. Russell Faber; Lawrence J. Tabas, Esq.
Department of Labor and Industry—
Special Rules of Administrative Practice and Procedure Before the Workers' Compensation
Appeal Board and Workers' Compensation Judges;
Regulation No. 12-99 (#3047)On February 10, 2014, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Department of Labor and Industry (Department). This rulemaking amends 34 Pa. Code (Chapters 111 and 131). The proposed regulation was published in the February 22, 2014 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on September 30, 2014.
This regulation clarifies and updates requirements related to practice and procedure and litigation to better coordinate procedures involving the Workers' Compensation Appeal Board, workers' compensation judges and the Office of Adjudication.
We have determined this regulation is consistent with the statutory authority of the Department (77 P. S. §§ 710, 991(a) and (c) and 2708) and the intention of the General Assembly. Having considered all of the other criteria of the Regulatory Review Act, we find promulgation of this regulation is in the public interest.
By Order of the Commission:
This regulation is approved.
Approval Order Public Meeting Held
November 6, 2014Commissioners Voting: John F. Mizner, Esq., Chairperson; George D. Bedwick, Vice Chairperson; W. Russell Faber; Lawrence J. Tabas, Esq
Pennsylvania Public Utility Commission—
Review of Long Term Infrastructure Improvement Plan;
Regulation No. 57-294 (#3032)On October 3, 2013, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Pennsylvania Public Utility Commission (PUC). This rulemaking amends 52 Pa. Code by adding Sections 121.1—121.8. The proposed regulation was published in the October 19, 2013 Pennsylvania Bulletin with a 45-day public comment period. The final-form regulation was submitted to the Commission on October 1, 2014.
This final-form rulemaking implements Act 11 of 2012 by setting forth the elements of Long-Term Infrastructure Improvement Plans (LTIIP), establishing rules for the filing Annual Asset Optimization plans and establishing enforcement provisions related to the implementation of an LTIIP.
We have determined this regulation is consistent with the statutory authority of the PUC (66 Pa.C.S.A. §§ 501, 1352, 1353(b)(3) and 1501) and the intention of the General Assembly. Having considered all of the other criteria of the Regulatory Review Act, we find promulgation of this regulation is in the public interest.
By Order of the Commission:
This regulation is approved.
Approval Order Public Meeting
Held November 6, 2014Commissioners Voting: John F. Mizner, Esq., Chairperson; George D. Bedwick, Vice Chairperson; W. Russell Faber; Lawrence J. Tabas, Esq.
Pennsylvania Public Utility Commission—
Electronic Access to Pre-Served Testimony;
Regulation No. 57-303 (#3059)On May 1, 2014, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Pennsylvania Public Utility Commission (PUC). This rulemaking amends 52 Pa. Code Chapter 5. The proposed regulation was published in the May 17, 2014 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on October 1, 2014.
This rulemaking amends the PUC's procedural regulations to require parties, within thirty days after the final hearing in an adjudicatory proceeding, to either file electronically with or provide to the PUC a compact disc containing all the pre-served testimony furnished to the court reporter during the proceeding.
We have determined this regulation is consistent with the statutory authority of the PUC (66 Pa.C.S. §§ 332, 333 and 501) and the intention of the General Assembly. Having considered all of the other criteria of the Regulatory Review Act, we find promulgation of this regulation is in the public interest.
By Order of the Commission:
This regulation is approved.
Approval Order Public Meeting
Held November 6, 2014Commissioners Voting: John F. Mizner, Esq., Chairperson; George D. Bedwick, Vice Chairperson; W. Russell Faber; Lawrence J. Tabas, Esq.
Environmental Hearing Board—
Environmental Hearing Board Rules of
Practice and Procedure;
Regulation No. 106-11 (#3073)
On October 3, 2014, the Independent Regulatory Review Commission (Commission) received this regulation from the Environmental Hearing Board (Board). This rulemaking amends 25 Pa. Code § 1021.94(c). Notice of proposed rulemaking was omitted for this regulation; it will become effective upon publication in the Pennsylvania Bulletin.
This final-omitted regulation clarifies practice and procedure regulations relating to the filing of a response to a dispositive motion.
We have determined this regulation is consistent with the statutory authority of the Board (35 P. S. § 7515(c)) and the intention of the General Assembly. Having considered all of the other criteria of the Regulatory Review Act, we find promulgation of this regulation is in the public interest.
By Order of the Commission:
This regulation is approved.
JOHN F. MIZNER, Esq.,
Chairperson
[Pa.B. Doc. No. 14-2445. Filed for public inspection November 21, 2014, 9:00 a.m.]
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