(a) A
formal complaint must set forth the following:
(1) The name, mailing address, telephone
number, telefacsimile number and electronic mailing address, if applicable, of
the complainant.
(2) If the
complainant is represented by an attorney, the name, mailing address, telephone
number, telefacsimile number and Pennsylvania Supreme Court identification
number of the attorney and, if available, the electronic mailing
address.
(3) The name, mailing
address and certificate or license number of the respondent complained against,
if known, and the nature and character of its business.
(4) The interest of the complainant in the
subject matter-for example, customer, competitor, and the like.
(5) A clear and concise statement of the act
or omission being complained of including the result of any informal complaint
or informal investigation.
(6) A
clear and concise statement of the relief sought.
(7) Except for a document referenced within §
5.21(b) (relating
to formal complaints generally), a document, or the material part thereof, or a
copy must be attached when a claim is based upon the document, the material
part thereof, or a copy. If the document, the material part thereof, or a copy
is not accessible, the complaint must set forth that the document, the material
part thereof, or the copy is not accessible and the reason, and set forth the
substance of the document or material part thereof.
(b) A verification executed in accordance
with §
1.36 (relating to verification)
shall be attached to the formal complaint.
(c) A complaint brought by a public utility
or other person licensed by the Commission regarding the act, a regulation or
order of the Commission must be substantially in the form prescribed by
subsection (a). The complaint must reference the act, the regulation or order
and shall quote the pertinent portions thereof.
(d) Subsections (a) and (c) supersede 1 Pa.
Code §
35.10 (relating to form and content of formal complaints).
Notes
The
provisions of this § 5.22 adopted October 12, 1984, effective
1/1/1985, 14 Pa.B. 3819; amended
December 2, 1988, effective 1/3/1989, 18 Pa.B. 5451; amended January 24,
1997, effective 1/25/1997, 27
Pa.B. 414; amended April 28, 2006, effective 4/29/2006, 36 Pa.B.
2097.
The provisions of this § 5.22 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.
This section cited in 52 Pa. Code §
3.111 (relating to form and
content of informal complaints); 52 Pa. Code §
5.31 (relating to staff-iniated
complaints); 52 Pa. Code §
30.52 (relating to commencement of
complaints); 52 Pa. Code §
56.173 (relating to formal
complaint procedures other than appeals from mediation decisions of the Bureau
of Consumer Services); 52 Pa. Code §
62.111 (relating to bonds or other
security); and 52 Pa. Code §
64.163 (relating to formal
complaint procedures).
