Subchapter A. SPECIAL COMMISSION ACTIONS
EMERGENCY RELIEF Sec.
3.1. Definitions.
EX PARTE EMERGENCY ORDERS
3.2. Petitions for issuance of emergency orders.
3.3. Disposition of ex parte emergency orders.
3.4. Hearings following issuance of emergency orders.
3.5. [Reserved].
INTERIM EMERGENCY RELIEF
3.6. Petitions for interim emergency orders.
3.6a. Hearing on petitions for interim emergency orders.
3.7. Issuance of interim emergency orders.
3.8. Form of interim emergency order.
3.9. [Reserved].
3.10. Commission review of interim emergency orders.
3.11. Duration of interim emergency orders.
3.12. Applicability to transportation proceedings.
3.21. [Reserved].
3.22. [Reserved].
3.23. [Reserved].
3.41. [Reserved].
3.61. [Reserved].
3.62. [Reserved].
3.81. [Reserved].
3.91. [Reserved].
3.92. [Reserved].
3.93. [Reserved].
3.94. [Reserved].
3.95. [Reserved].
3.96. [Reserved].
3.97. [Reserved].
EMERGENCY RELIEF
§ 3.1. Definitions.
The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise:
Emergency—A situation which presents a clear and present danger to life or property or which is uncontested and requires action prior to the next scheduled public meeting.
Emergency order—An ex parte order issued by a single Commissioner, the Commission, the Commission’s Director of Operations or the Commission’s Secretary in response to an emergency.
Interim emergency order—An interlocutory order issued by a presiding officer which is immediately effective and grants or denies injunctive relief during the pendency of a proceeding.
Authority The provisions of this § 3.1 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 § 3.1 amended October 12, 1984, effective January 1, 1985, 14 Pa.B. 3819; amended November 21, 1986, effective November 22, 1986, 16 Pa.B. 4564; amended December 2, 1988, effective January 3, 1988, 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 page (263604).
Notes of Decisions Emergency Relief
Homeowners association had no clear right to emergency relief as each condominium unit is a separate electric-consuming facility and not a part of the association. Glade Park East Home Owners Association v. Pennsylvania Public Utility Commission, 628 A.2d 468 (Pa. Cmwlth. 1993).
Practice and Procedure
Since the rules and regulations governing practice and procedure before the PUC do not contain provisions regarding the timeliness of filings and the date of issuance of orders for agency purposes, sections 31.11 and 31.13 of the General Rules of Administrative Practice and Procedure, 1 Pa. Code § § 31.11, 31.13, are controlling for these purposes. Carol Lines, Inc. v. Pennsylvania Public Utility Commission, 481 A.2d 990 (Pa. Cmwlth. 1984).
Cross References This section cited in 52 Pa. Code § 3.384 (relating to disposition of applications for ETA and TA).
EX PARTE EMERGENCY ORDERS
§ 3.2. Petitions for issuance of emergency orders.
(a) To the extent practicable, a petition for emergency order must be in the form of a petition as set forth in § 5.41 (relating to petitions generally) and shall be served on the persons directly affected by the application.
(b) A petition for emergency order must be supported by a verified statement of facts which establishes the existence of an emergency, including facts to support the following:
(1) The petitioner’s right to relief is clear.
(2) The need for relief is immediate.
(3) The injury would be irreparable if relief is not granted.
(4) The relief requested is not injurious to the public interest.
Authority The provisions of this § 3.2 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 § 3.2 amended 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 (263604) and (225589).
§ 3.3. Disposition of ex parte emergency orders.
(a) Authority. The Chairperson, a Commissioner, the Commission’s Director of Operations and the Commission’s Secretary have the authority to issue an emergency order.
(b) Form. An emergency order will be issued in writing and filed with the Secretary with copies to Commissioners and the Director of Operations.
(c) Ratification. An emergency order or the denial of a petition for emergency order issued by a single Commissioner or the Director of Operations or the Commission’s Secretary will be ratified, modified or rescinded by the Commission at the next scheduled public meeting after issuance of the order.
(d) Service. An emergency order or the denial of a petition for emergency order will be served by the Secretary as expeditiously as practicable upon the persons directly affected by the decision with copies to the Commissioners and the Director of Operations.
Authority The provisions of this § 3.3 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 § 3.3 amended 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 page (225589).
§ 3.4. Hearings following issuance of emergency orders.
(a) A person against whom an emergency order is issued may file a petition for an expedited hearing to determine whether the emergency order will remain in effect. The petition must conform to the form and service requirements in § § 5.41—5.44 (relating to petitions generally).
(b) The petition for expedited hearing shall be filed with the Secretary and a copy served upon the Chief Administrative Law Judge.
(c) The hearing will be held before a presiding officer within 10 days of receipt of the petition by the Secretary.
(d) If the emergency order is issued by a single Commissioner or the Director of Operations or by the Commission’s Secretary, the presiding officer will have the authority to stay the effect of the order until the next scheduled public meeting.
(e) The decision of the presiding officer will constitute a recommended decision to be acted upon by the Commission at its next scheduled public meeting.
Authority The provisions of this § 3.4 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 § 3.4 amended March 14, 1975, effective March 15, 1975, 5 Pa.B. 479; amended 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 (225589) to (225590).
§ 3.5. [Reserved].
Source The provisions of this § 3.5 amended April 16, 1976, effective April 17, 1976, 6 Pa.B. 911; amended October 12, 1984, effective January 1, 1985, 14 Pa.B. 3819; amended January 24, 1997, effective January 25, 1997, 27 Pa.B. 414; reserved April 28, 2006, effective April 29, 2006, 36 Pa.B. 2097. Immediately preceding text appears at serial page (225590).
INTERIM EMERGENCY RELIEF
§ 3.6. Petitions for interim emergency orders.
(a) A party may submit a petition for an interim emergency order during the course of a proceeding. The petition shall be filed with the Secretary and served contemporaneously on the Chief Administrative Law Judge and on the parties.
(b) To the extent practicable, a petition for an interim emergency order must be in the form of a petition as set forth in § 5.41 (relating to petitions generally). A petition for an interim emergency order must be supported by a verified statement of facts which establishes the existence of the need for interim emergency relief, including facts to support the following:
(1) The petitioner’s right to relief is clear.
(2) The need for relief is immediate.
(3) The injury would be irreparable if relief is not granted.
(4) The relief requested is not injurious to the public interest.
(c) Allegations set forth in the petition shall be deemed to have been denied by the opposing parties, and an answer is not required. A party may file an answer in the form set forth in § 5.61 (relating to answers to complaints, petitions and motions) no later than 5 days after service of a copy of the petition.
(d) Other pleadings, memoranda or briefs related to a petition for interim emergency order are not permitted unless specifically requested by the presiding officer.
Authority The provisions of this § 3.6 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 § 3.6 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 (225590) and (263605).
Cross References This section cited in 52 Pa. Code § 3.7 (relating to issuance of interim emergency orders).
§ 3.6a. Hearing on petitions for interim emergency orders.
An interim emergency order may not be issued until the presiding officer holds a hearing on the merits of the petition. The hearing must be held within 10 days of the filing of the petition.
Authority The provisions of this § 3.6a issued under the Public Utility Code, 66 Pa.C.S. § § 501, 504—506, 1301 and 1501.
Source The provisions of this § 3.6a adopted April 28, 2006, effective April 29, 2006, 36 Pa.B. 2097.
§ 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).
§ 3.8. Form of interim emergency orders.
(a) An order following a hearing on a petition for interim emergency relief will include:
(1) A brief description of the evidence presented.
(2) A grant or denial of the petition.
(b) An order following a hearing on a petition for interim emergency relief may require a bond to be filed in a form satisfactory to the Secretary and will specify the amount of the bond.
Authority The provisions of this § 3.8 amended under the Public Utility Code, 66 Pa.C.S. § § 501, 504—506, 1301 and 1501.
Source The provisions of this § 3.8 adopted November 21, 1986, effective November 22, 1986, 16 Pa.B. 4564; 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 page (263606).
§ 3.9. [Reserved].
Source The provisions of this § 3.9 adopted November 21, 1986, effective November 22, 1986, 16 Pa.B. 4564; amended December 2, 1988, effective January 3, 1989, 18 Pa.B. 5451; reserved April 28, 2006, effective April 29, 2006, 36 Pa.B. 2097. Immediately preceding text appears at serial page (263606).
§ 3.10. Commission review of interim emergency orders.
(a) An order granting or denying interim emergency relief is immediately effective upon issuance by the presiding officer. No stay of the order will be permitted while the matter is being reviewed by the Commission.
(b) When the presiding officer rules upon the petition for an interim emergency order, the presiding officer will also certify the question of the grant or denial of relief to the Commission as a material question in the form set forth in § 5.305 (relating to interlocutory review of a material question submitted by a presiding officer). Thereafter, the parties and the Commission shall follow the procedures in § 5.305, if applicable.
Authority The provisions of this § 3.10 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 § 3.10 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 (263606) and (225593).
§ 3.11. Duration of interim emergency orders.
An interim emergency order shall expire upon entry of the final Commission order which ends the pending proceeding unless otherwise specified.
Source The provisions of this § 3.11 adopted November 21, 1986, effective November 22, 1986, 16 Pa.B. 4564.
§ 3.12. Applicability to transportation proceedings.
Nothing in this subchapter shall be construed as preempting or modifying the procedures set forth in § § 3.383—3.385 (relating to applications for temporary authority and emergency temporary authority; disposition of applications; and rates, fares and charges for TA and ETA authorities).
Source The provisions of this § 3.12 adopted November 21, 1986, effective November 22, 1986, 16 Pa.B. 4564.
§ 3.21. [Reserved].
Source The provisions of this § 3.21 amended April 16, 1976, effective April 17, 1976, 6 Pa.B. 911; reserved October 12, 1984, effective January 1, 1985, 14 Pa.B. 3819. Immediately preceding text appears at serial page (63532).
§ 3.22. [Reserved].
Source The provisions of this § 3.22 amended April 16, 1976, effective April 17, 1976, 6 Pa.B. 911; reserved October 12, 1984, effective January 1, 1985, 14 Pa.B. 3819. Immediately preceding text appears at serial pages (63532) to (63534).
§ 3.23. [Reserved].
Source The provisions of this § 3.23 reserved October 12, 1984, effective January 1, 1985, 14 Pa.B. 3819. Immediately preceding text appears at serial page (63534).
§ 3.41. [Reserved].
Source The provisions of this § 3.41 amended April 16, 1976, effective April 17, 1976, 6 Pa.B. 911; corrected April 23, 1976, effective April 17, 1976, 6 Pa.B. 950; amended December 1, 1978, effective December 2, 1978, 8 Pa.B. 3432; amended August 15, 1980, effective August 16, 1980, 10 Pa.B. 3356; amended September 30, 1981, effective October 1, 1981, 11 Pa.B. 2680; reserved October 12, 1984, effective January 1, 1985, 14 Pa.B. 3819. Immediately preceding text appears at serial pages (63534) to (63536).
§ 3.61. [Reserved].
Source The provisions of this § 3.61 reserved October 12, 1984, effective January 1, 1985, 14 Pa.B. 3819. Immediately preceding text appears at serial page (63536).
§ 3.62. [Reserved].
Source The provisions of this § 3.62 adopted April 16, 1976, effective April 17, 1976, 6 Pa.B. 911; reserved October 12, 1984, effective January 1, 1985, 14 Pa.B. 3819. Immediately preceding text appears at serial page (63536).
§ 3.81. [Reserved].
Source The provisions of this § 3.81 reserved October 12, 1984, effective January 1, 1985, 14 Pa.B. 3819. Immediately preceding text appears at serial page (32839).
§ 3.91. [Reserved].
Source The provisions of this § 3.91 adopted April 15, 1977, effective April 16, 1977, 7 Pa.B. 1033; reserved October 12, 1984, effective January 1, 1985, 14 Pa.B. 3819. Immediately preceding text appears at serial page (32839).
§ 3.92. [Reserved].
Source The provisions of this § 3.92 adopted April 15, 1977, effective April 16, 1977, 7 Pa.B. 1033; reserved October 12, 1984, effective January 1, 1985, 14 Pa.B. 3819. Immediately preceding text appears at serial pages (32816) to (32817).
§ 3.93. [Reserved].
Source The provisions of this § 3.93 adopted April 15, 1977, effective April 16, 1977, 7 Pa.B. 1033; reserved October 12, 1984, effective January 1, 1985, 14 Pa.B. 3819. Immediately preceding text appears at serial pages (32817) to (32818).
§ 3.94. [Reserved].
Source The provisions of this § 3.94 adopted April 15, 1977, effective April 16, 1977, 7 Pa.B. 1033; reserved October 12, 1984, effective January 1, 1985, 14 Pa.B. 3819. Immediately preceding text appears at serial page (32818).
§ 3.95. [Reserved].
Source The provisions of this § 3.95 adopted April 15, 1977, effective April 16, 1977, 7 Pa.B. 1033; reserved October 12, 1984, effective January 1, 1985, 14 Pa.B. 3819. Immediately preceding text appears at serial page (32818).
§ 3.96. [Reserved].
Source The provisions of this § 3.96 adopted April 15, 1977, effective April 16, 1977, 7 Pa.B. 1033; reserved October 12, 1984, effective January 1, 1985, 14 Pa.B. 3819. Immediately preceding text appears at serial page (32818).
§ 3.97. [Reserved].
Source The provisions of this § 3.97 adopted April 15, 1977, effective April 16, 1977, 7 Pa.B. 1033; reserved October 12, 1984, effective January 1, 1985, 14 Pa.B. 3819. Immediately preceding text appears at serial page (32818).
No part of the information on this site may be reproduced for profit or sold for profit.
This material has been drawn directly from the official Pennsylvania Code full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.
