2010 Pennsylvania Code
Title 66 - PUBLIC UTILITIES
Chapter 3 - Public Utility Commission
315 - Burden of proof.

     § 315.  Burden of proof.
        (a)  Reasonableness of rates.--In any proceeding upon the
     motion of the commission, involving any proposed or existing
     rate of any public utility, or in any proceedings upon complaint
     involving any proposed increase in rates, the burden of proof to
     show that the rate involved is just and reasonable shall be upon
     the public utility. The commission shall give to the hearing and
     decision of any such proceeding preference over all other
     proceedings, and decide the same as speedily as possible.
        (b)  Compliance with commission determinations and orders.--
     In any case involving any alleged violation by a public utility,
     contract carrier by motor vehicle, or broker of any lawful
     determination or order of the commission, the burden of proof
     shall be upon the public utility, contract carrier by motor
     vehicle, or broker complained against, to show that the
     determination or order of the commission has been complied with.
        (c)  Adequacy of services and facilities.--In any proceeding
     upon the motion of the commission, involving the service or
     facilities of any public utility, the burden of proof to show
     that the service and facilities involved are adequate,
     efficient, safe, and reasonable shall be upon the public
     utility.
        (d)  Justification of accounting entries.--The burden of
     proof to justify every accounting entry questioned by the
     commission shall be upon the public utility making, authorizing,
     or requiring such entry, and the commission may suspend any
     charge or credit pending submission of such proof by such public
     utility.
        (e)  Use of future test year.--In discharging its burden of
     proof the utility may utilize a future test year. The commission
     shall promptly adopt rules and regulations regarding the
     information and data to be submitted when and if a future test
     period is to be utilized. Whenever a utility utilizes a future
     test year in any rate proceeding and such future test year forms
     a substantive basis for the final rate determination of the
     commission, the utility shall provide, as specified by the
     commission in its final order, appropriate data evidencing the
     accuracy of the estimates contained in the future test year, and
     the commission may after reasonable notice and hearing, in its
     discretion, adjust the utility's rates on the basis of such
     data.

        Cross References.  Section 315 is referred to in section 332
     of this title.