GENERAL
§ 5.321. Scope.
(a) Applicability. This subchapter applies to a proceeding in which:
(1) A complaint, protest or other adverse pleading has been filed.
(2) The Commission institutes an investigation.
(3) The Commission institutes an on-the-record proceeding.
(b) Discretion. The presiding officer may vary provisions of this subchapter as justice requires.
(c) Scope. Subject to this subchapter, a party may obtain discovery regarding any matter, not privileged, which is relevant to the subject matter involved in the pending action, whether it relates to the claim or defense of the party seeking discovery or to the claim or defense of another party, including the existence, description, nature, content, custody, condition and location of any books, documents, or other tangible things and the identity and location of persons having knowledge of a discoverable matter. It is not ground for objection that the information sought will be inadmissible at hearing if the information sought appears reasonably calculated to lead to the discovery of admissible evidence.
(d) Exceptions. This subchapter does not apply to discovery sought of Commissioners or Commission staff serving in an advisory or adjudicatory capacity.
(e) Commission staff. This subchapter applies equally to Commission staff serving in a prosecutory or party capacity in proceedings before the Commission, with no exceptions other than as specifically set forth in this chapter.
(f) Purpose and methods. A party may obtain discovery for the purpose of preparation of pleadings, or for preparation or trial of a case, or for use at a proceeding initiated by petition or motion, or for any combination of these purposes, by one or more of the following methods:
(1) Deposition upon oral examination or written questions.
(2) Written interrogatories to a party.
(5) On the record data requests in rate cases.
(g) Supersession. Subsections (a)—(e) supersede 1 Pa. Code § 35.145 (relating to depositions).
Authority The provisions of this § 5.321 amended under the Public Utility Code, 66 Pa.C.S. § § 501, 504—506, 1301 and 1501.
Source The provisions of this § 5.321 adopted October 12, 1984, effective January 1, 1985, 14 Pa.B. 3819; amended January 24, 1997, effective January 25, 1997, 27 Pa.B. 414; amended April 28, 2006, effective April 29, 2006, 36 Pa.B. 2097. Immediately preceding text appears at serial pages (225680) to (225682).
Notes of Decisions Notice and Hearing
The procedures used by the Public Utility Commission were sufficient to satisfy 66 Pa.C.S. § 519 requirement that the Commission provide ‘‘reasonable notice and hearing’’ when considering an application for an electric generating unit fueled by oil or natural gas. Given the Commonwealth Court’s limited scope of review of a decision of the Commission and the implicit discretion of the presiding officer to interpret the phrase ‘‘reasonably possible,’’ the court cannot conclude that it erred in denying the energy company’s motion to compel discovery as untimely. Diamond Energy Inc. v. Pennsylvania Public Utility Commission, 653 A.2d 1360 (Pa. Cmwlth. 1995).
Cross References This section cited in 52 Pa. Code § 5.323 (relating to trial preparation material); 52 Pa. Code § 5.324 (relating to discovery of expert testimony); 52 Pa. Code § 5.341 (relating to written interrogatories to a party); 52 Pa. Code § 5.349 (relating to requests for documents, entry for inspection and other purposes); 52 Pa. Code § 5.350 (relating to request for admissions); and 52 Pa. Code § 5.351 (relating to on the record data requests).
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