52 Pa. Code § 69.91 - Policy

(a) In rate cases where either an "option order" or a settlement petition is approved by the Commission, there may arise a problem of the prompt resolution of any outstanding complainant where the complaint does not acquiesce to the approved option or settlement and, instead, elects to pursue the outstanding complaint. Oftentimes resolution of the outstanding complaint does not occur within the statutory suspension period, but rather extends well beyond the period required to decide a rate case.

(b) The Commission believes that lengthy and avoidable delays in the disposition of consumer complaints in rate cases which are optioned or settled undermine public trust in our rate setting process. Further, delay makes the administration of any refund found appropriate, should the complainant ultimately prevail on the merits, more difficult.

(c) Therefore, to the extent practicable, it is the policy of the Commission to:

(1) Require in any option order or order approving a settlement petition, that the Office of Administrative Law Judge proceed with hearings on any outstanding complaint, where desired by the complainant, on a schedule that would provide the Commission with a recommended decision in sufficient time for a final Commission order within the statutory suspension period which would have applied had the case not been optioned or settled; and

(2) Issue a final Commission order on any outstanding complaint, where desired by the complainant, within the statutory suspension which would have applied had the case not been optioned or settled.

Notes

52 Pa. Code § 69.91

The provisions of this § 69.91 adopted April 8, 1983, effective 4/9/1983, 13 Pa.B. 1258.

The provisions of this § 69.91 issued under the Public Utility Code, 66 Pa.C.S. § § 501, 703 and 1308.