52 Pa. Code § 5.75 - Notice, service and action on petitions to intervene

(a) Notice and service. Petitions to intervene, when tendered to the Commission for filing, must show service thereof upon all parties to the proceeding in conformity with § 1.54 (relating to service by a party).

(b) Action on petitions. As soon as practicable after the expiration of the time for filing answers to petitions as provided in § 5.66 (relating to answers to petitions to intervene), the Commission or presiding officer will grant or deny the petition in whole or in part or may, if found to be appropriate, authorize limited participation.

(c) Rights upon grant of petition. Admission as an intervenor will not be construed as recognition by the Commission that the intervenor has a direct interest in the proceeding or might be aggrieved by an order of the Commission in the proceeding. Intervenors are granted no rights which survive discontinuance of a case.

(d) Actions on petitions filed after a hearing has commenced. Except with regard to statutory advocates under § 5.74(b)(4) (relating to filing of petitions to intervene), petitions to intervene may be filed or will be acted upon during a hearing unless prohibited by the Commission or presiding officer after opportunity for all parties to object.

(e) Supersession. Subsections (a)-(d) supersede 1 Pa. Code §35.31 (relating to notice and action on petitions to intervene).

Notes

52 Pa. Code § 5.75

The provisions of this § 5.75 adopted October 12, 1984, effective 1/1/1985, 14 Pa.B. 3819; amended April 28, 2006, effective 4/29/2006, 36 Pa.B. 2097.

The provisions of this § 5.75 amended under the Public Utility Code, 66 Pa.C.S. § § 501, 504-506, 1301 and 1501.

This section cited in 52 Pa. Code § 1.8 (relating to definitions); 52 Pa. Code § 5.41 (relating to petitions generally); and 52 Pa. Code § 5.243 (relating to presentation by participants).