Current through Register Vol. 54, No. 44, November 2, 2024
Section 56.163 - Commission informal complaint procedureUpon the filing of an informal complaint, which shall be captioned as "(Complainant) v. (public utility)," Commission staff will immediately notify the public utility; review the dispute; and, within a reasonable period of time, issue to the public utility and the complaining party an informal report with findings and a decision. Parties may represent themselves or be represented by counsel or other person of their choice, and may bring witnesses to appear on their behalf. The reports will be in writing and a summary will be sent to the parties if a party requests it or if the Commission staff finds that a summary is necessary.
(1)Review techniques. Review will be by an appropriate means, including, but not limited to, public utility company reports, telephone calls, conferences, written statements, research, inquiry and investigation. Procedures will be designed to ensure a fair and reasonable opportunity to present pertinent evidence and to challenge evidence submitted by the other party to the dispute, to examine a list of witnesses who will testify and documents, records, files, account data, records of meter tests and other material that the Commission staff will determine may be relevant to the issues, and to question witnesses appearing on behalf of other parties. Information and documents requested by Commission staff as part of the review process shall be provided by the public utility within 30 days of the request. If the complainant is without public utility service, or in other emergency situations as identified by Commission staff, the information requested by Commission staff shall be provided by the public utility within 5 business days of the request.(2)Settlement. Prior to the issuance of an informal decision, Commission staff may facilitate discussions between the parties in an effort to settle the dispute. If a settlement is reached, Commission staff will confirm that all parties understand the terms of the settlement and document the informal complaint as closed.(3)Resolution. Commission staff resolution of informal complaints is binding upon the parties unless formal proceedings are initiated under § § 56.171-56.174 (relating to formal complaints).The provisions of this §56.163 adopted June 16, 1978, effective 6/17/1978, 8 Pa.B. 1655; amended April 8, 1983, effective 4/9/1983, 13 Pa.B. 1250; amended October 7, 2011, effective 10/8/2011, 41 Pa.B. 5473; amended May 31, 2019, effective 6/1/2019, 49 Pa.B. 2815.The provisions of this §56.163 amended under the Public Utility Code, 66 Pa.C.S. § § 331, 501, 504, 1301, 1305, 1401-1419, 1501, 1504 and 1509.
This section cited in 52 Pa. Code § 56.100 (relating to winter termination procedures); 52 Pa. Code § 56.165 (relating to conference procedures); 52 Pa. Code § 57.257 (relating to disputes concerning advanced metering); and 52 Pa. Code § 69.265 (relating to CAP design elements).