52 Pa. Code § 5.633 - Certification of interlocutory orders

(a) When the Commission has made an order which is not a final order, a party may by motion request that the Commission find, and include the findings in the order by amendment, that the order involves a controlling question of law as to which there is a substantial ground for difference of opinion and that an immediate appeal to Commonwealth Court from the order may materially advance the ultimate termination of the matter. The motion shall be filed within 10 days after service of the order, and is procedurally governed by § 5.103(a)-(c) (relating to hearing motions). Unless the Commission acts within 30 days after the filing of the motion, the motion will be deemed denied.

(b) Neither the filing of a motion under subsection (a), nor the adoption of an amended order containing the requested finding, will stay a proceeding unless otherwise ordered by the Commission or Commonwealth Court.

(c) Subsections (a) and (b) supersede 1 Pa. Code §35.225 (relating to interlocutory orders).

Notes

52 Pa. Code § 5.633

The provisions of this § 5.633 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 April 28, 2006, effective 4/29/2006, 36 Pa.B. 2097.

The provisions of this § 5.633 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.