52 Pa. Code § 5.222 - Initiation of prehearing conferences in nonrate proceedings
(a) To make possible a more effective use of
hearing time in formal proceedings, other than rate proceedings which are
governed by §
5.224 (relating to prehearing
conference in rate proceedings), to otherwise expedite the orderly conduct and
disposition of the proceedings and to serve the ends of justice and the public
interest, it is the policy of the Commission to arrange for conferences between
parties to the proceedings prior to the commencement of hearings.
(b) The Commission, or the presiding officer
may direct that a prehearing conference be held, and direct the parties to the
proceeding to appear to consider the matters enumerated in subsection (c).
Notice of the time and place of the conference shall be given to all parties to
the proceeding. The conferences may be conducted telephonically.
(c) The following matters shall be considered
at prehearing conference:
(1) The
possibilities for settlement of the proceeding, subject to the approval of the
Commission.
(2) The amount of
hearing time which will be required to dispose of the proceeding and the
establishment of a schedule of hearing dates.
(3) Arrangements for the submission of direct
testimony of witnesses in writing in advance of hearing to the extent
practicable, and for the submission in advance of hearing or written requests
for information which a party contemplates asking another party to present at
hearing.
(4) Other matters that may
aid in expediting the orderly conduct and disposition of the proceeding and the
furtherance of justice, including the following:
(i) The simplification of the
issues.
(ii) The exchange and
acceptance of service of exhibits proposed to be offered in evidence.
(iii) The obtaining of admissions as to, or
stipulations of, facts not remaining in dispute, or the authenticity of
documents which might properly shorten the hearing.
(iv) The limitation of the number of
witnesses.
(v) A proposed plan and
schedule of discovery which may include specific limitations on the number of
written interrogatories and requests for admissions a party may propound on
another party .
(d) Parties and counsel will be expected to
attend the conference fully prepared for a useful discussion of all problems
involved in the proceeding, both procedural and substantive, and fully
authorized to make commitments with respect thereto.
(1) The preparation must include submission
of a prehearing memorandum and list:
(i) The
presently identified issues.
(ii)
The names and addresses of the witnesses.
(iii) The proposed area of testimony of each
witness.
(2) The
preparation may include:
(i) Development of a
proposed procedural schedule.
(ii)
Advance study of all relevant materials.
(iii) Advance informal communication between
the parties, including requests for additional data and information, to the
extent it appears feasible and desirable.
(e) Failure of a party to attend the
conference, after being served with notice of the time and place thereof,
without good cause shown, shall constitute a waiver of all objections to the
agreements reached and to an order or ruling with respect thereto.
Notes
The provisions of this § 5.222 amended under the Public Utility Code, 66 Pa.C.S. § § 501, 504-506, 1301 and 1501.
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