§ 5.22. Content of formal complaint.
(a) A formal complaint must set forth the following:
(1) The name, mailing address, telephone number, telefacsimile number and electronic mailing address, if applicable, of the complainant.
(2) If the complainant is represented by an attorney, the name, mailing address, telephone number, telefacsimile number and Pennsylvania Supreme Court identification number of the attorney and, if available, the electronic mailing address.
(3) The name, mailing address and certificate or license number of the respondent complained against, if known, and the nature and character of its business.
(4) The interest of the complainant in the subject matter—for example, customer, competitor, and the like.
(5) A clear and concise statement of the act or omission being complained of including the result of any informal complaint or informal investigation.
(6) A clear and concise statement of the relief sought.
(7) Except for a document referenced within § 5.21(b) (relating to formal complaints generally), a document, or the material part thereof, or a copy must be attached when a claim is based upon the document, the material part thereof, or a copy. If the document, the material part thereof, or a copy is not accessible, the complaint must set forth that the document, the material part thereof, or the copy is not accessible and the reason, and set forth the substance of the document or material part thereof.
(b) A verification executed in accordance with § 1.36 (relating to verification) shall be attached to the formal complaint.
(c) A complaint brought by a public utility or other person licensed by the Commission regarding the act, a regulation or order of the Commission must be substantially in the form prescribed by subsection (a). The complaint must reference the act, the regulation or order and shall quote the pertinent portions thereof.
(d) Subsections (a) and (c) supersede 1 Pa. Code § 35.10 (relating to form and content of formal complaints).
Authority The provisions of this § 5.22 amended under the Public Utility Code, 66 Pa.C.S. § § 309—311, 315, 331—335, 501, 504—506, 701—703, 1101—1103, 1301 and 1501.
Source The provisions of this § 5.22 adopted October 12, 1984, effective January 1, 1985, 14 Pa.B. 3819; amended December 2, 1988, effective January 3, 1989, 18 Pa.B. 5451; 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 (318334) and (225643).
Notes of Decisions Pleadings
The fact that a letter contained all information required by this section was not enough to make it a ‘‘formal complaint.’’ It must contain an affidavit, and notify the Pennsylvania Public Utility Commission that it was intended to be a formal complaint. Schellhammer v. Pennsylvania Public Utility Commission, 629 A.2d 189 (Pa. Cmwlth. 1993).
Cross References This section cited in 52 Pa. Code § 3.111 (relating to form and content of informal complaints); 52 Pa. Code § 5.31 (relating to staff-iniated complaints); 52 Pa. Code § 30.52 (relating to commencement of complaints); 52 Pa. Code § 56.173 (relating to formal complaint procedures other than appeals from mediation decisions of the Bureau of Consumer Services); 52 Pa. Code § 62.111 (relating to bonds or other security); and 52 Pa. Code § 64.163 (relating to formal complaint procedures).
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