2010 Pennsylvania Code
Title 66 - PUBLIC UTILITIES
Chapter 3 - Public Utility Commission
332 - Procedures in general.

     § 332.  Procedures in general.
        (a)  Burden of proof.--Except as may be otherwise provided in
     section 315 (relating to burden of proof) or other provisions of
     this part or other relevant statute, the proponent of a rule or
     order has the burden of proof.
        (b)  Admissibility of evidence.--Any oral or documentary
     evidence may be received, but the commission shall as a matter
     of policy provide for the exclusion of irrelevant, immaterial or
     unduly repetitious evidence. No sanction shall be imposed or
     rule or order be issued except upon consideration of the whole
     record or such portions thereof as may be cited by any party and
     as supported by and in accordance with the reliable, probative
     and substantial evidence.
        (c)  Submission of evidence.--Every party is entitled to
     present his case or defense by oral or documentary evidence, to
     submit rebuttal evidence and to conduct such cross-examination
     as may be required for a full and true disclosure of the facts.
     The commission may, by rule, adopt procedures for the submission
     of all or part of the evidence in written form.
        (d)  Record, briefs and argument.--The transcript of a public
     input hearing, the transcript of testimony and exhibits,
     together with all papers and requests filed in the proceeding,
     constitutes the exclusive record for decision, and shall be
     available for inspection by the public. Briefing and oral
     argument shall be held in accordance with rules established by
     the commission. For the purpose of this section, a public input
     hearing is a hearing held in the service area at which the
     ratepayers may offer testimony, written or otherwise, relating
     to any matter which has a bearing on the proceeding.
        (e)  Official notice of facts.--When the commission's
     decision rests on official notice of a material fact not
     appearing in the evidence in the record, upon notification that
     facts are about to be or have been noticed, any party adversely
     affected shall have the opportunity upon timely request to show
     that the facts are not properly noticed or that alternative
     facts should be noticed. The commission in its discretion shall
     determine whether written presentations suffice, or whether oral
     argument, oral evidence, or cross-examination is appropriate in
     the circumstances. Nothing in this subsection shall affect the
     application by the commission in appropriate circumstances of
     the doctrine of judicial notice.
        (f)  Actions of parties and counsel.--Any party who shall
     fail to be represented at a scheduled conference or hearing
     after being duly notified thereof, shall be deemed to have
     waived the opportunity to participate in such conference or
     hearing, and shall not be permitted thereafter to reopen the
     disposition of any matter accomplished thereat, or to recall for
     further examination of witnesses who were excused, unless the
     presiding officer shall determine that failure to be represented
     was unavoidable and that the interests of the other parties and
     the public would not be prejudiced by permitting such reopening
     or further examination. If the actions of a party or counsel in
     a proceeding shall be determined by the commission, after due
     notice and opportunity for hearing, to be obstructive to the
     orderly conduct of the proceeding and inimical to the public
     interest, the commission may reject or dismiss any rule or order
     in any manner proposed by the offending party or counsel, and,
     with respect to counsel, may bar further participation by him in
     any proceedings before the commission.
        (g)  Decision of administrative law judge.--In all on-the-
     record proceedings referred to an administrative law judge under
     section 331(b) (relating to powers of commission and
     administrative law judges), hearings shall be commenced by the
     administrative law judge within 90 days after the proceeding is
     initiated, and he shall render a decision within 90 days after
     the record is closed, unless the commission for good cause by
     order allows an extension not to exceed an additional 90 days.
        (h)  Exceptions and appeal procedure.--Any party to a
     proceeding referred to an administrative law judge under section
     331(b) may file exceptions to the decision of the administrative
     law judge with the commission, in a form and manner and within
     the time to be prescribed by the commission. The commission
     shall rule upon such exceptions within 90 days after filing. If
     no exceptions are filed, the decision shall become final,
     without further commission action, unless two or more
     commissioners within 15 days after the decision request that the
     commission review the decision and make such other order, within
     90 days of such request, as it shall determine. The Office of
     Trial Staff and the chief counsel shall be deemed to have
     automatic standing as a party to such proceeding and may file
     exceptions to any decision of the administrative law judge under
     this subsection.
        (i)  Review of testimony.--Any party of record in an
     investigation or inquiry by or hearing before the commission or
     its representative whose testimony is recorded electronically
     and subsequently transcribed shall, upon request, be permitted
     to review the recording to ensure that it has been transcribed
     accurately. The commission may impose a fee in an amount not
     exceeding the actual costs involved for making the recording
     available. Any request to review the recording must be made
     within the time prescribed by commission regulation, and such
     request shall not be used to unreasonably delay commission
     proceedings. This section shall not be construed to require the
     electronic recording of testimony. The official record of a
     proceeding shall be the written transcript.
     (Nov. 26, 1978, P.L.1241, No.294, eff. 60 days; Oct. 10, 1985,
     P.L.257, No.62, eff. 60 days; July 10, 1986, P.L.1238, No.114,
     eff. imd.; Apr. 21, 1989, P.L.11, No.3, eff. imd.)

        1989 Amendment.  Act 3 added subsec. (i). Section 3 provided
     that Act 3 shall apply to any action pending before the
     commission or any action taken by the commission within 180 days
     prior to the effective date of Act 3.
        1986 Amendment.  Act 114 amended subsec. (h).
        1985 Amendment.  Act 62 amended subsec. (d).
        1978 Amendment.  Act 294 added subsecs. (g) and (h).