(a)
Applicability. This subchapter applies to a proceeding in
which:
(1) A complaint, protest or other
adverse pleading has been filed.
(2) The Commission institutes an
investigation.
(3) The Commission
institutes an on-the-record proceeding.
(b)
Discretion. The
presiding officer may vary provisions of this subchapter as justice
requires.
(c)
Scope. Subject to this subchapter, a party may obtain
discovery regarding any matter, not privileged, which is relevant to the
subject matter involved in the pending action, whether it relates to the claim
or defense of the party seeking discovery or to the claim or defense of another
party, including the existence, description, nature, content, custody,
condition and location of any books, documents, or other tangible things and
the identity and location of persons having knowledge of a discoverable matter.
It is not ground for objection that the information sought will be inadmissible
at hearing if the information sought appears reasonably calculated to lead to
the discovery of admissible evidence.
(d)
Exceptions. This
subchapter does not apply to discovery sought of Commissioners or Commission
staff serving in an advisory or adjudicatory capacity.
(e)
Commission staff. This
subchapter applies equally to Commission staff serving in a prosecutory or
party capacity in proceedings before the Commission, with no exceptions other
than as specifically set forth in this chapter.
(f)
Purpose and methods. A
party may obtain discovery for the purpose of preparation of pleadings, or for
preparation or trial of a case, or for use at a proceeding initiated by
petition or motion, or for any combination of these purposes, by one or more of
the following methods:
(1) Deposition upon
oral examination or written questions.
(2) Written interrogatories to a
party.
(5) On the record data
requests in rate cases.
(g)
Supersession.
Subsections (a)-(e) supersede 1 Pa. Code §
35.145 (relating to
depositions).
Notes
The
provisions of this § 5.321 adopted October 12, 1984, effective
1/1/1985, 14 Pa.B. 3819; 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 § 5.321 amended under the
Public Utility Code,
66 Pa.C.S. §
§
501,
504-506,
1301 and
1501.
This section cited in 52 Pa. Code §
5.323 (relating to trial
preparation material); 52 Pa. Code §
5.324 (relating to discovery of
expert testimony); 52 Pa. Code §
5.341 (relating to written
interrogatories to a party); 52 Pa. Code §
5.349 (relating to requests for
documents, entry for inspection and other purposes); 52 Pa. Code §
5.350 (relating to request for
admissions); and 52 Pa. Code §
5.351 (relating to on the record
data requests).
