Current through Register Vol. 54, No. 38, September 21, 2024
(a)
Format. Format for
filing records in formal cases will conform with the following:
(1) The files for formal cases initiated
prior to May 15, 1977, will contain a records, correspondence and testimony
folder.
(2) The files for formal
cases initiated on or after May 15, 1977, will contain a document, report and
testimony folder.
(b)
Contents. Contents of folders in formal cases will conform
with the following:
(1) Formal cases
initiated prior to May 15, 1977, will conform with the following:
(i)
Testimony folder. This
folder will contain hearing transcripts and exhibits.
(ii)
Record folder. This
folder will contain formal filings in a case, including but not limited to,
complaints, petitions, answers, replies, motions, briefs and requests for
procedural or interim orders and opinions.
(iii)
Correspondence folder
. This folder will contain staff reports, acknowledgments, proofs of service
and other documents not covered by subparagraphs (i) and (ii).
(2) Formal cases initiated on or
after May 15, 1977, will conform with the following:
(i)
Testimony folder. This
folder will contain the same material as described in subparagraph
(i).
(ii)
Document
folder. This folder will contain formal filings in a case, including
but not limited to, complaints, petitions, answers, replies, motions, briefs
and requests for procedural or interim orders and opinions. In addition, it
will contain correspondence from or to the Commission except for staff reports,
investigative materials and other material not subject to the disclosure
requirements of the Commission.
(iii)
Report folder. This
folder will contain staff reports, investigative materials and other material
not subject to the disclosure requirements of the Commission.
(c)
Access. Access to files in formal cases will conform with the
following:
(1) The record and testimony
folders for cases initiated prior to May 15, 1977, will be available for
inspection upon request made to file room personnel during normal Commission
business hours.
(2) The document
and testimony folders for cases initiated on or after May 15, 1977, will be
available for inspection upon request made to file room personnel during normal
Commission business hours.
(3)
Material contained in the correspondence folders of formal cases initiated
prior to May 15, 1977, will be available for inspection if the material would
otherwise have qualified for placement in the document folder, as described in
subsection (b)(2)(ii) of cases initiated on or after May 15, 1977. The
inspection will be subject to the procedures outlined in subsection
(d).
(4) The material contained in
the report folder of cases initiated on or after May 15, 1977, will not be
available for public inspection except as described in §
1.74 (relating to disclosure of
other documents).
(d)
Procedures. Procedures for review of correspondence and report
folders will conform with the following:
(1)
Correspondence folders. Review procedures for correspondence
folders will be as follows:
(i) A person
desiring access to a correspondence folder of a formal case may request file
room personnel for a review of the file to determine which material contained
therein may be released for inspection.
(ii) The review will be made and the
requestor notified within 30 days.
(iii) If dissatisfied with the results of the
first review, the requestor may ask that the documents removed from the
correspondence folder before it was given to him be reviewed again.
(iv) A 30-day period applies to the second
request for review.
(2)
Report folders. Review procedures for report folders will be
as follows:
(i) A person may request file
room personnel for a review of particular documents or for a specifically
defined portion of the report folder to determine which, if any, material
contained in the folder may be released for inspection.
(ii) The review, except for good cause, will
be made and the requestor notified within 30 days.
The provisions of this §1.72 amended under the
Public Utility Code,
66 Pa.C.S. §
§
501, 504-506,
1301 and
1501.
This section cited in 52 Pa. Code §
1.74 (relating to disclosure of
other documents); 52 Pa. Code §
1.77 (relating to extensions of
time to review folders); and 52 Pa. Code §
5.349 (relating to requests for
documents, entry for inspection and other
purposes).
