52 Pa. Code § 1003.54 - Protests

(a) A person may file a protest to an application for Authority rights in one of the following circumstances:

(1) The person will be directly affected by the granting of the application.

(2) The protestant can and will provide all or part of the proposed service.

(b) A person objecting to the approval of an application shall file with the Clerk and serve upon the applicant and the applicant's attorney, if any, a written protest which contains the following:

(1) The applicant's name and the docket number of the application.

(2) The name, business address and telephone number of the protestant.

(3) The name, business address and telephone number of the protestant's attorney or other representative.

(4) A statement of the protestant's interest in the application, including a statement of any adverse impact which approval of the application can be expected to have on the protestant.

(5) A list of all Authority and PUC certificate or registration numbers under which the protestant operates, accompanied by a copy of any portion of the protestant's authority upon which its protest is predicated.

(6) A statement of any restrictions to the application which would protect the protestant's interest, including a concise statement of any amendment which would result in a withdrawal of the protest.

(7) Other information required by the notice published as provided in § 1003.53 (relating to applications requiring notice).

(c) At the time a protest petition is filed the protest fee shall be paid as provided in § § 1001.42 and 1001.43 (relating to mode of payment to the Authority; and Authority fee schedule).

(d) A protest shall be filed within the time specified in the notice appearing in the Pennsylvania Bulletin, which will be at least 15 days from the date of publication. Failure to file a protest in accordance with this subsection shall bar subsequent participation in the proceeding, except when permitted by the Authority for good cause shown.

(e) Upon the filing of a timely protest, the application will be referred to a presiding officer of the Adjudication Department for a recommended decision as provided in § § 1005.201-1005.204 (relating to recommended decisions). TLD staff will participate in the protest proceeding.

(f) The protestant will be allowed to participate in the proceeding as a party intervenor.

(g) A protest will be treated as a pleading and the applicant may, within 20 days after the closing date for the filing of protests, file an answer to the protest. The failure of the applicant to answer a protest will be deemed a denial of the averments made therein.

(h) Upon withdrawal of all protests prior to the initiation of the recommended decision proceeding, an application will be decided by the Director as provided in § 1003.51 (relating to applications generally).

(i) Subsections (a)-(h) supersede 1 Pa. Code § §35.23 and 35.24 (relating to protest generally; and effect of protest).

Notes

52 Pa. Code § 1003.54

This section cited in 52 Pa. Code § 1003.51 (relating to applications generally); and 52 Pa. Code § 1003.55 (relating to applications for temporary certificate of public convenience).