2010 Pennsylvania Code
Title 66 - PUBLIC UTILITIES
Chapter 3 - Public Utility Commission
335 - Initial decisions and release of documents. SUBPART B. COMMISSION POWERS, DUTIES, PRACTICES AND PROCEDURES

     § 335.  Initial decisions and release of documents.
        (a)  Procedures.--When the commission does not preside at the
     reception of evidence, the presiding officer shall initially
     decide the case, unless the commission requires, either in
     specific cases or by general rule, the entire record to be
     certified to it for decision. When the presiding officer makes
     an initial decision, that decision then shall be approved by the
     commission and may become the opinion of the commission without
     further proceeding within the time provided by commission rule.
     On review of the initial decision, the commission has all the
     powers which it would have in making the initial decision except
     as it may limit the issues on notice or by rule. When the
     commission makes the decision in a rate determination proceeding
     without having presided at the reception of the evidence, the
     presiding officer shall make a recommended decision to the
     commission in accordance with the provisions of this part.
     Alternatively, in all other matters:
            (1)  the commission may issue a tentative decision or one
        of its responsible employees may recommend a decision; or
            (2)  this procedure may be omitted in a case in which the
        commission finds on the record that due and timely execution
        of the functions imperatively and unavoidably so requires.
        (b)  Exceptions or proposed findings and conclusions.--Before
     a recommended, initial or tentative decision issued under this
     section, or a decision on commission review of the decision of
     subordinate employees, the parties are entitled to a reasonable
     opportunity to submit for the consideration of the commission:
            (1) (i)  proposed findings and conclusions; or
                (ii)  exceptions to the decisions or recommended
            decisions of subordinate employees or to tentative
            commission decisions; and
            (2)  supporting reason for the exceptions or proposed
        findings or conclusions.
        (c)  Record.--The record shall show the ruling on each
     finding, conclusion or exception presented. All decisions,
     including initial, recommended and tentative decisions, are a
     part of the record and shall include a statement of:
            (1)  findings and conclusions, and the reasons or basis
        therefor, on all material issues of fact, law or discretion
        presented on the record; and
            (2)  the appropriate rule, order, sanction, relief or
        denial thereof.
        (d)  Release of documents.--In addition to any other
     requirements imposed by law, including the act of June 21, 1957
     (P.L.390, No.212), referred to as the Right-to-Know Law, and the
     act of July 3, 1986 (P.L.388, No.84), known as the Sunshine Act,
     whenever the commission conducts an investigation of an act or
     practice of a public utility and makes a decision, enters into a
     settlement with a public utility or takes any other official
     action, as defined in the Sunshine Act, with respect to its
     investigation, it shall make part of the public record and
     release publicly any documents relied upon by the commission in
     reaching its determination, whether prepared by consultants or
     commission employees, other than documents protected by legal
     privilege; provided, however, that if a document contains trade
     secrets or proprietary information and it has been determined by
     the commission that harm to the person claiming the privilege
     would be substantial or if a document required to be released
     under this section contains identifying information which would
     operate to the prejudice or impairment of a person's reputation
     or personal security, or information that would lead to the
     disclosure of a confidential source or subject a person to
     potential economic retaliation as a result of their cooperation
     with a commission investigation, or information which, if
     disclosed to the public, could be used for criminal or
     terroristic purposes, the identifying information may be
     expurgated from the copy of the document made part of the public
     record. For the purposes of this section, "a document" means a
     report, memorandum or other document prepared for or used by the
     commission in the course of its investigation whether prepared
     by an adviser, consultant or other person who is not an employee
     of the commission or by an employee of the commission.
     (Apr. 21, 1989, P.L.11, No.3, eff. imd.)

        1989 Amendment.  Act 3 amended the section heading and added
     subsec. (d). Section 3 of Act 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.
        References in Text.  The act of July 3, 1986 (P.L.388,
     No.84), known as the Sunshine Act, referred to in subsec. (d),
     was repealed by the act of October 15, 1998 (P.L.729, No.93).
     The subject matter is now contained in Chapter 7 of Title 65
     (Public Officers).
          The act of June 21, 1957 (P.L.390, No.212), referred to as
     the Right-to-Know Law, referred to in subsec. (d), was repealed
     by the act of Feb. 14, 2008 (P.L.6, No.3), known as the Right-
     to-Know Law.
        Cross References.  Section 335 is referred to in sections
     308, 308.1, 331 of this title.