Subchapter C. REPRESENTATION BEFORE THE COMMISSION


Sec.


1.21.    Appearance.
1.22.    Appearance by attorney or certified legal intern.
1.23.    Other representation prohibited at hearings.
1.24.    Notice of appearance or withdrawal.
1.25.    Form of notice of appearance.
1.26.    Contemptuous conduct.
1.27.    Suspension and disbarment.

§ 1.21. Appearance.

 (a)  Individuals may represent themselves.

 (b)  Except as provided in subsection (a), persons in adversarial proceedings shall be represented in accordance with §  1.22 (relating to appearance by attorneys and legal intern). For purposes of this section, any request for a general rate increase under §  1307(f) or §  1308(d) of the act (relating to sliding scale of rates; adjustments; and voluntary changes in rates) shall be considered to be an adversarial proceeding.

 (c)  In nonadversarial proceedings, persons may be represented in the following manner:

   (1)  A partner may represent the partnership.

   (2)  A bona fide officer of a corporation, trust or association may represent the corporation, trust or association.

   (3)  An officer or employee of an agency, political subdivision or government entity may represent the agency, political subdivision or government entity.

 (d)  In informal proceedings brought under Chapters 56 and 64 (relating to standards and billing practices for residential utility service; and standards and billing practices for residential telephone service) and Chapter 14 of the act (relating to standards and billing practices for residential utility service; and standards and billing practices for residential telephone service), parties may be represented by one of the following:

   (1)  A paralegal working under the direct supervision of an attorney admitted to the Pennsylvania Bar.

   (2)  An appropriate individual including a family member or other individual or entity with oral or written authority.

 (e)  Subsection (a) supersedes 1 Pa. Code §  31.21 (relating to appearance in person).

Authority

   The provisions of this §  1.21 amended under the Public Utility Code, 66 Pa.C.S. § §  501, 504—506, 1301 and 1501.

Source

   The provisions of this §  1.21 adopted October 12, 1984, effective January 1, 1985, 14 Pa.B. 3819; amended January 24, 1997, effective January 25, 1997, 27 Pa.B. 414; amended April 28, 2006, effective April 29, 2006, 36 Pa.B. 2097. Immediately preceding text appears at serial page (225558).

Cross References

   This section cited in 52 Pa. Code §  1.22 (relating to appearance by attorney or certified legal intern); 52 Pa. Code §  1.23 (relating to other representation prohibited at hearings); and 52 Pa. Code §  63.322 (relating to definitions).

§ 1.22. Appearance by attorney or certified legal intern.

 (a)  Subject to §  1.21(a) (relating to appearance), an attorney at law admitted to practice before the Supreme Court of Pennsylvania shall represent persons in Commission proceedings.

 (b)  An attorney not licensed in this Commonwealth may appear before the Commission in accordance with the Pennsylvania Bar Admission Rules.

 (c)  A law student meeting the requirements of Pa.B.A.R. No. 321 (relating to requirements for formal participation in legal matters by law students) may appear in a Commission proceeding consistent with Pa.B.A.R. No. 322 (relating to authorized activities of certified legal interns).

 (d)  Subsection (a) supersedes 1 Pa. Code §  31.22 (relating to appearance by attorney).

Authority

   The provisions of this §  1.22 amended under the Public Utility Code, 66 Pa.C.S. § §  501, 504—506, 1301 and 1501.

Source

   The provisions of this §  1.22 adopted October 12, 1984, effective January 1, 1985, 14 Pa.B. 3819; amended January 24, 1997, effective January 25, 1997, 27 Pa.B. 414; amended April 28, 2006, effective April 29, 2006, 36 Pa.B. 2097. Immediately preceding text appears at serial page (225559).

Cross References

   This section cited in 52 Pa. Code §  1.21 (relating to appearance); 52 Pa. Code §  1.23 (relating to other representation prohibited at hearings); and 52 Pa. Code §  63.322 (relating to definitions).

§ 1.23. Other representation prohibited at hearings.

 (a)  Persons may not be represented at a hearing before the Commission or a presiding officer except as stated in §  1.21 or §  1.22 (relating to appearance; and appearance by attorney or certified legal intern).

 (b)  Subsection (a) supersedes 1 Pa. Code § §  31.23 (relating to other representation prohibited at hearings).

Authority

   The provisions of this §  1.23 amended under the Public Utility Code, 66 Pa.C.S. § §  501, 504—506, 1301 and 1501.

Source

   The provisions of this §  1.23 adopted October 12, 1984, effective January 1, 1985, 14 Pa.B. 3819; amended January 24, 1997, effective January 25, 1997, 27 Pa.B. 414; amended April 28, 2006, effective April 29, 2006, 36 Pa.B. 2097. Immediately preceding text appears at serial pages (225559) to (225560).

§ 1.24. Notice of appearance or withdrawal.

 (a)  Individuals. An individual appearing without legal representation before the Commission or a presiding officer shall file with the Secretary an address for service of a notice or other written communication. A change in address which occurs during the course of the proceeding shall be reported to the Secretary promptly.

 (b)  Attorneys.

   (1)  Appearance by initial pleading. An attorney who signs an initial pleading in a representative capacity shall be considered to have entered an appearance in that proceeding.

   (2)  Appearance in all other instances. An attorney shall file with the Secretary a written notice of appearance.

     (i)   Content of notice. Initial pleadings, entries of appearance and notices of withdrawal must include:

       (A)   The attorney’s name, mailing address and electronic mailing address, if available.

       (B)   Pennsylvania attorney identification number or, if not licensed in this Commonwealth, identification of the jurisdictions in which the attorney is licensed to practice law.

       (C)   Telephone number and telefacsimile number, if applicable.

       (D)   The name and address of the person represented.

     (ii)   Filing.

       (A)   Appearance. The notice of appearance shall be served on the parties to the proceeding, and a certificate of service shall be filed with the Secretary.

       (B)   Change in address. A change in address which occurs during the course of the proceeding shall be reported to the Secretary and the parties promptly.

   (3)  Withdrawal. An attorney may withdraw an appearance by filing a written notice of withdrawal with the Secretary. The notice shall be served on the parties and the presiding officer, if one has been designated.

 (c)  Supersession. Subsections (a)—(e) supersede 1 Pa. Code §  31.24 (relating to notice of appearance).

Authority

   The provisions of this §  1.24 amended under the Public Utility Code, 66 Pa.C.S. § §  309—311, 315, 331—335, 501, 504—506, 701—703, 1101—1103, 1301 and 1501.

Source

   The provisions of this §  1.24 adopted October 12, 1984, effective January 1, 1985, 14 Pa.B. 3819; amended December 2, 1988, effective January 3, 1989, 18 Pa.B. 5451; amended January 24, 1997, effective January 25, 1997, 27 Pa.B. 414; amended April 28, 2006, effective April 29, 2006, 36 Pa.B. 2097. Immediately preceding text appears at serial page (225560).

Cross References

   This section cited in 52 Pa. Code §  1.55 (relating to service on attorneys).

§ 1.25. Form of notice of appearance.

 (a)  The form of notice of appearance is as follows:

COMMONWEALTH OF PENNSYLVANIA


BEFORE THE PENNSYLVANIA PUBLIC
UTILITY COMMISSION

 In the Matter of:

 [File, Docket or other identifying No.:]

NOTICE OF APPEARANCE

 Please enter my appearance in the above-designated matter on behalf of


.

 I am authorized to accept service on behalf of said party in this matter

[CHECK ONE]

 [ ] On the basis of this notice, I request a copy of each document hereafter issued by the Commission in this matter.

 [ ] I am already receiving or have access to a copy of each document issued by the Commission in this matter (alone, or in a consolidated proceeding) and do not on the basis of this notice require an additional copy.

 


Signature

 


Name (Printed)

 


P. O. address

 


City, state and zip code

 


Telephone Number

(including area code)

 


Telefacsimile Number

Including Area Code

 


Pennsylvania Attorney I.D. No./

Other Jurisdiction(s) Admitted

 


Electronic Mail Address

(Optional)

 (b)  Subsection (a) is identical to 1 Pa. Code §  31.25 (relating to form of notice of appearance).

Authority

   The provisions of this §  1.25 amended under the Public Utility Code, 66 Pa.C.S. § §  501, 504—506, 1301 and 1501.

Source

   The provisions of this §  1.25 adopted October 12, 1984, effective January 1, 1985, 14 Pa.B. 3819; amended April 28, 2006, effective April 29, 2006, 36 Pa.B. 2097. Immediately preceding text appears at serial pages (225560) to (225561).

§ 1.26. Contemptuous conduct.

 (a)  Contemptuous conduct at a hearing before the Commission or a presiding officer shall be grounds for exclusion from the hearing and for summary suspension without a hearing for the duration of the hearing.

 (b)  Subsection (a) is identical to 1 Pa. Code §  31.27 (relating to contemptuous conduct).

Source

   The provisions of this §  1.26 adopted October 12, 1984, effective January 1, 1985, 14 Pa.B. 3819.

§ 1.27. Suspension and disbarment.

 (a)  The Commission may deny, temporarily or permanently, the privilege of appearing or practicing before it in any way to a person who is found by the Commission, after notice and opportunity for hearing in the matter, to have done one or more of the following:

   (1)  Lacked the requisite qualifications to represent others.

   (2)  Lacked the requisite technical education, training or experience for a particular project or type of project submitted for Commission approval.

   (3)  Engaged in unethical, contemptuous or improper conduct before the Commission.

   (4)  Repeatedly failed to follow Commission or presiding officer directives.

 (b)  For the purpose of subsection (a), practicing before the Commission shall include:

   (1)  Transacting business with the Commission.

   (2)  The preparation of a statement, opinion or other paper by an attorney, accountant, engineer or other expert, filed with the Commission in a pleading, submittal or other document with the consent of the attorney, accountant, engineer or other expert.

   (3)  Appearances at a hearing before the Commission or a presiding officer.

 (c)  Subsections (a) and (b) are identical to 1 Pa. Code §  31.28 (relating to suspension and disbarment).

Authority

   The provisions of this §  1.27 amended under the Public Utility Code, 66 Pa.C.S. § §  501, 504—506, 1301 and 1501.

Source

   The provisions of this §  1.27 adopted October 12, 1984, effective January 1, 1985, 14 Pa.B. 3819; amended January 24, 1997, effective January 25, 1997, 27 Pa.B. 414. Immediately preceding text appears at serial pages (215913) to (215914).

Cross References

   This section cited in 52 Pa. Code §  5.485 (relating to manner of conduct of hearings).



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