Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 54 Pa.B. 6234 (September 28, 2024).

52 Pa. Code § 3.7. Issuance of interim emergency orders.

§ 3.7. Issuance of interim emergency orders.

 (a)  A presiding officer will issue an order granting or denying interim emergency relief within 15 days of the filing of the petition.

 (b)  An order granting a petition for interim emergency relief will set forth the findings required by §  3.6(b) (relating to hearing on petitions for interim emergency orders).

 (c)  An interim emergency order or an order denying interim emergency relief will be served as expeditiously as practicable on the parties.

Authority

   The provisions of this §  3.7 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 §  3.7 adopted November 21, 1986, effective November 22, 1986, 16 Pa.B. 4564; 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 (263605) to (263606).

Notes of Decisions

   Economic Losses

   Although monetary losses generally are insufficient to support an emergency order, economic losses can satisfy the rule’s irreparable injury requirement. West Penn Power Co. v. Pennsylvania Public Utility Commission, 615 A.2d 951 (Pa. Cmwlth. 1992); appeal denied 655 A.2d 520 (Pa. 1993); cert. denied 115 S. Ct. 311 (U. S. 1994).

   Economic detriment alone does not constitute the existance of an emergency for purposes of issuing a temporary interim emergency order. Peoples Natural Gas v. Pennsylvania Public Utility Commission, 555 A.2d 288 (Pa. Cmwlth. 1989).



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