52 Pa. Code § 5.304 - Interlocutory review of discovery matters
(a)
General. Rulings of
presiding officers on discovery are not subject to interlocutory review unless
one or more of the following apply:
(1)
Interlocutory review is ordered by the Commission.
(2) Interlocutory review is certified by the
presiding officer.
(3) The ruling
has as its subject matter the deposing of a Commissioner or Commission
employee.
(b)
Standard for certification. A presiding officer may certify
that a discovery ruling is appropriate for interlocutory review when the ruling
involves an important question of law or policy that should be resolved
immediately by the Commission.
(c)
Petition for certification. A petition for interlocutory
review of a presiding officer's ruling on discovery must:
(1) Be filed within 3 days of the
ruling.
(2) Be in
writing.
(3) State the question to
be certified and the reasons why interlocutory review will prevent substantial
prejudice or expedite the conduct of the proceedings.
(4) Be no more than 3 pages in
length.
(5) Be filed with the
Secretary and served on all parties and the presiding officer.
(d)
Responsive
brief. A party may file a responsive brief within 7 days of a request
for certification, which:
(1) Either supports
or opposes certification.
(2)
Addresses the merits of the question for which certification is
requested.
(3) Addresses whether a
stay of proceedings is required to protect the substantial rights of a
party.
(4) Does not exceed 15
pages.
(e)
Presiding officer's decision. The presiding officer will
announce the decision in writing or orally on the record within 5 days of the
deadline for filing responsive briefs. The presiding officer's decision will
include the reasons why certification has been granted or denied and whether a
stay of the proceedings has been granted.
(1)
If the presiding officer denies the request for certification, no further
action is required of the presiding officer.
(2) If the presiding officer's decision is to
grant the request for certification, the presiding officer will serve to each
Commissioner the certified question within 5 days of the announcement of the
decision. The presiding officer will include the reasons justifying
certification, rulings on the certified question and extracts from the record
that will assist the Commission in reaching a decision.
(f)
Brief to the Commission following
certification. Parties may submit a brief to the Commission and no
other briefs are permitted unless directed by the Commission. A brief may not
exceed 15 pages and must address:
(1) The
issue of certification.
(2) The
merits of the certified question.
(3) The stay of proceedings, when
appropriate.
(g)
Scheduling of certified question. Upon the expiration of the
time provided for filing briefs, the Secretary will schedule the certified
question for consideration at the next meeting of the Commission.
(h)
Action by the Commission
. Within 30 days of receipt of the certified question by the Secretary, the
Commission will, without permitting oral argument, do one of the following:
(1) Continue, revoke or grant a stay of
proceedings.
(2) Determine that the
certification was improper and return the matter to the presiding officer for
resolution.
(3) Answer the
certified question.
(i)
Failure to act. Failure of the Commission to act on a
certified question within 30 days of its receipt will be deemed to be an
affirmance of the decision of the presiding officer.
(j)
Effect on proceedings.
An interlocutory appeal from the ruling of the presiding officer on discovery
will not result in a stay of the proceedings except upon a finding by the
presiding officer or the Commission that extraordinary circumstances exist, or
to protect the substantial rights of the parties.
Notes
The provisions of this § 5.304 amended under the Public Utility Code, 66 Pa.C.S. § § 501, 504-506, 1301 and 1501.
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