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PA Bulletin, Doc. No. 15-44

NOTICES

Electronic Service of Formal Complaints; Doc. Nos. M-2013-2398153, M-2014-2434791, M-2014-2444323 and M-2014-2444322

[45 Pa.B. 120]
[Saturday, January 3, 2015]

 The purpose of this Secretarial Letter is to announce that the Pennsylvania Public Utility Commission (Commission) is permanently allowing jurisdictional utilities to request waiver of the Commission's formal service requirements set forth at 66 Pa.C.S. § 702 (relating to service of complaints on parties) which requires, inter alia, that the Commission serve copies of complaints against public utilities ''by registered or certified mail.'' The Commission previously issued secretarial letters to electric utilities, natural gas distribution companies, water and wastewater service providers, and telecommunications providers requesting these groups to (1) waive the requirement for the Commission to serve formal complaints by certified mail and (2) agree to accept electronic service (eService) of all formal complaints served upon them. As of the date of this letter, approximately 57 jurisdictional utilities have submitted a completed Waiver of Formal Service Requirements form to waive the Commission's formal service requirements.

 As the waiver of the Commission's formal service requirements has been a resounding success, the Commission will now allow for permanent waiver of such requirement. The Commission has identified that a vast majority of utility respondents prefer eService of formal complaints and that eService of these complaints has resulted in more efficient operations for the Commission. Specifically, waiving the Commission's formal service requirements has not only given utility respondents more time to review and respond to formal complaints during a proceeding, but has also resulted in direct savings of time and resources for the Commission by eliminating certified mail costs.

 Note that such permanent waiver will be effectuated based on the previously submitted Waiver of Formal Service Requirements forms. As such, utility respondents which have already submitted this waiver form to the Commission do not need to resubmit another form.

 For those utilities which have not already submitted the waiver form, they may complete the following Waiver of Formal Service Requirements form and return one original paper version of the form to the Secretary's Bureau at either Pennsylvania Public Utility Commission, P. O. Box 3265, Harrisburg, PA 17105-3265 or Pennsylvania Public Utility Commission, Commonwealth Keystone Building, 400 North Street, Harrisburg, PA 17120.

 Note that in order for individuals to receive formal complaints by eService, an individual must have an efiling account with the Commission. To establish an efiling account, visit the Commission's web site at www.puc.pa.gov, select the tab ''Filing & Resources,'' then select ''eFiling.'' The web site also contains an efiling FAQ's page which is available to answer any questions or concerns individuals may have. Individuals who still need assistance with establishing an efiling account call (717) 772-4945.

 Note that if a complaint involves a complainant that is a party to a protection from abuse (PFA) order, the Commission cannot eServe that complaint through our eFiling system. As such, although a utility may waive the certified mail service requirement and agree to accept eService of formal complaints, the utility will still receive a paper version of formal complaints involving a PFA complainant via certified mail. Additionally, note that if an individual elects to waive the certified mail service requirement and agrees to accept eService of formal complaints, the individual will no longer receive the Commission's standard Notice Form that typically accompanies formal complaints.

 The Commission continues to emphasize that it is the utilities' responsibility to maintain accurate and current contact information with the Commission to ensure that eService is properly made to the appropriate contact. Also, the Commission notes that utilities are not required to waive the certified mail service requirement or to accept eService of formal complaints. Individuals who do not wish to waive the certified mail service requirement, should not return the following Waiver of Formal Service Requirements form to the Commission.

 At this point, the Commission is extending the option to accept eService by waiving the requirement for the Commission to serve formal complaints by certified mail to the utility groups listed previously. The Commission will continue to evaluate whether to extend eService to other utility groups. Any questions about this Secretarial Letter should be directed to Rosemary Chiavetta at (717) 772-7777.

ROSEMARY CHIAVETTA, 
Secretary

WAIVER OF FORMAL SERVICE REQUIREMENTS

 Section 702 of the Public Utility Code, 66 Pa.C.S. § 702, provides that the Commission must serve a copy of all formal complaints filed with the Commission upon the respondent by registered or certified mail as follows:

§ 702. Service of complaints on parties.
Upon the filing of a complaint, the Commission shall cause to be served upon each party named in the complaint a copy of the complaint and notice from the commission calling upon such party to satisfy the complaint, or to answer the same in writing, with such time as is specified by the commission in the notice. Service in all hearings, investigations and proceedings pending before the commission shall be made by registered or certified mail.

 Section 5.21(c) of the Commission's regulations, 52 Pa. Code § 5.21, similarly provides that a copy of each formal complaint filed with the Commission must be served by the Commission by certified mail upon the respondent as follows:

§ 5.21(c). Formal complaints generally.
(c) A copy of the complaint will be served by the Commission, by certified mail, upon the respondent.

 By completing and signing this form, the undersigned utility hereby agrees to (1) waive the certified mail service requirements contained in 66 Pa.C.S. § 702 and 52 Pa. Code § 5.21 and (2) accept electronic service (eService) of all formal complaints served upon such utility. In addition to waiving the certified mail service requirements and agreeing to accept eService, the undersigned also waives receipt of the Commission's standard Notice Form (attached) that typically accompanies formal complaints. By completing and signing this form, the undersigned also states that the utility will maintain accurate and current eService contact information with the Pennsylvania Public Utility Commission.

 Please note that if a complaint involves a complainant that is a party to a protection from abuse (PFA) order, the undersigned utility will still receive formal complaints involving a PFA complainant via certified mail (even though the utility has waived the certified mail service requirements for receiving formal complaints generally).

Name of Utility: ______ Trade Name: __________

PUC Authority Number A- ______

eService Contact Name: __________
eService Contact User Name: __________

eService Contact Phone Number: ______

This form must be completed and signed by all partners of the utility (if a partnership), the President or Secretary of the utility (if a corporation) or other authorized signatory.
__________
(Print Name and Title)
__________
(Signature)

[Pa.B. Doc. No. 15-44. Filed for public inspection January 2, 2015, 9:00 a.m.]


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