Pennsylvania Code
Title 52 - PUBLIC UTILITIES
Part I - Public Utility Commission
Subpart A - General Provisions
Chapter 5 - FORMAL PROCEEDINGS
Subchapter C - INTERLOCUTORY REVIEW
Section 5.304 - Interlocutory review of discovery matters

(a) General. Rulings of presiding officers on discovery are not subject to interlocutory review unless one or more of the following apply:

(b) Standard for certification. A presiding officer may certify that a discovery ruling is appropriate for interlocutory review when the ruling involves an important question of law or policy that should be resolved immediately by the Commission.

(c) Petition for certification. A petition for interlocutory review of a presiding officer's ruling on discovery must:

(d) Responsive brief. A party may file a responsive brief within 7 days of a request for certification, which:

(e) Presiding officer's decision. The presiding officer will announce the decision in writing or orally on the record within 5 days of the deadline for filing responsive briefs. The presiding officer's decision will include the reasons why certification has been granted or denied and whether a stay of the proceedings has been granted.

(f) Brief to the Commission following certification. Parties may submit a brief to the Commission and no other briefs are permitted unless directed by the Commission. A brief may not exceed 15 pages and must address:

(g) Scheduling of certified question. Upon the expiration of the time provided for filing briefs, the Secretary will schedule the certified question for consideration at the next meeting of the Commission.

(h) Action by the Commission . Within 30 days of receipt of the certified question by the Secretary, the Commission will, without permitting oral argument, do one of the following:

(i) Failure to act. Failure of the Commission to act on a certified question within 30 days of its receipt will be deemed to be an affirmance of the decision of the presiding officer.

(j) Effect on proceedings. An interlocutory appeal from the ruling of the presiding officer on discovery will not result in a stay of the proceedings except upon a finding by the presiding officer or the Commission that extraordinary circumstances exist, or to protect the substantial rights of the parties.