Subchapter F. SERVICE OF DOCUMENTS


Sec.


1.51.    Instructions for service, notice and protest.
1.52.    [Reserved].
1.53.    Service by the Commission.
1.54.    Service by a party.
1.55.    Service on attorneys.
1.56.    Date of service.
1.57.    Proof of service.
1.58.    Form of certificate of service.
1.59.    Number of copies to be served.

§ 1.51. Instructions for service, notice and protest.

 (a)  General rule. Upon receiving an application, the Secretary will instruct the applicant or petitioner concerning the required service and public notice consistent with this section.

 (b)  Service list for parties. The Commission will make available to filing users on the electronic filing system a service list for each docket in which they are a party that contains the following provisions:

   (1)  The names and addresses of the parties.

   (2)  An indication of whether or not a party has agreed to receive electronic service.

   (3)  The e-mail addresses of parties who have agreed to receive electronic service.

Authority

   The provisions of this §  1.51 amended under the Public Utility Code, 66 Pa.C.S. § §  501, 504—506, 1301 and 1501.

Source

   The provisions of this §  1.51 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; amended September 26, 2008, effective September 27, 2008, 38 Pa.B. 5303. Immediately preceding text appears at serial page (330029).

Cross References

   This section cited in 52 Pa. Code §  5.14 (relating to applications requiring notice); and 52 Pa. Code §  5.41 (relating to petitions generally).

§ 1.52. [Reserved].


Source

   The provisions of this §  1.52 adopted October 12, 1984, effective January 1, 1985, 14 Pa.B. 3819; reserved January 24, 1997, effective January 25, 1997, 27 Pa.B. 414. Immediately preceding text appears at serial pages (215922) to (215923).

§ 1.53. Service by the Commission.

 (a)  Applicability. This section applies to service of an order, notice or other document originating with the Commission and other documents designated by the Commission, except when the Commission specifically requires a different form of service.

 (b)  Forms of service.

   (1)  First class mail. Service may be made by mailing a copy thereof to the person to be served, addressed to the person designated in the initial pleading, submittal or notice of appearance at the person’s residence, principal office or place of business.

   (2)  Personal. Service may be made personally by anyone authorized by the Commission.

   (3)  Electronic. Service may be made electronically to filing users who have agreed to receive electronic service. Filing users will be sent an electronic mail notice informing them that a document was posted on the Commission’s electronic filing system and providing a link to the document on the same day the document is posted.

 (c)  Registered or certified mail. Service of a petition under §  3.391 (relating to arbitration of claims for billing and collecting services), and service of a complaint under section 702 of the act (relating to service of complaint on parties) must be by registered or certified mail, return receipt requested.

 (d)  Change of address. It is the duty of a party to apprise the Commission promptly of changes to the party’s current address.

 (e)  Alternative service. If the Commission is unable to serve a party by mail at the party’s last known address, the Commission may make service by publication in a newspaper of general circulation in the same area as the party’s last known address. In the alternative, service may also be accomplished by publication in the Pennsylvania Bulletin or by service on the Secretary of the Commonwealth, if appropriate.

 (f)  Supersession. Subsections (a)—(e) supersede 1 Pa. Code §  33.31 (relating to service by the agency).

Authority

   The provisions of this §  1.53 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 §  1.53 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; amended September 26, 2008, effective September 27, 2008, 38 Pa.B. 5303. Immediately preceding text appears at serial page (330030).

§ 1.54. Service by a party.

 (a)  Pleadings, submittals, briefs and other documents, filed in proceedings pending before the Commission shall be served upon parties in the proceeding and upon the presiding officer, if one has been assigned.

 (b)  Service may be made by one of the following methods:

   (1)  First class mail. Service may be made by mailing the requisite number of copies to each party as provided in §  1.59 (relating to number of copies to be served), properly addressed with postage prepaid.

   (2)  Personal. Service may be made personally.

   (3)  Electronic.

     (i)   Documents not filed with the Commission. Service may be made electronically to those parties who have agreed to accept service in that manner.

     (ii)   Documents filed with the Commission. Service may be made electronically to filing users who have agreed to receive electronic service. Filing users who have agreed to receive electronic service shall be served with an electronic mail notice stating that a document was filed on the electronic filing system. The notice constitutes service.

       (A)   The electronic mail notice must contain the following provisions:

         (I)   The name of the filing user and the party on whose behalf the document was filed.

         (II)   The type of document.

         (III)   A brief description of the document.

         (IV)   A link to the document on the electronic filing system.

         (V)   The docket number when available.

         (VI)   An indication that the party is seeking expedited relief, if applicable.

       (B)   When a filing user becomes aware that the electronic mail notice was not transmitted successfully, the filing user shall resend the electronic mail notice or serve the document by another method authorized by this subpart.

       (C)   Documents of 250 pages or less, including attachments, need not be followed by service of a hard copy to filing users who have agreed to receive electronic service. Filing users shall serve each other with a hard copy of documents that exceed 250 pages, including attachments, unless the parties otherwise agree.

   (4)  Telefacsimile. Service may be made by telefacsimile to those parties who have agreed to accept service in that manner. Documents served electronically need not be followed by service of a hard copy if the parties have so agreed.

 (c)  In a proceeding in which only some of the parties participate, the parties, with the authorization of the presiding officer, may limit the service of documents to parties and persons or individuals which state on the record or request in writing that they wish to be served.

 (d)  Subsections (a) and (b) supersede 1 Pa. Code §  33.32 (relating to service by a party).

Authority

   The provisions of this §  1.54 amended under the Public Utility Code, 66 Pa.C.S. § §  501, 504—506, 1301 and 1501.

Source

   The provisions of this §  1.54 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; amended September 26, 2008, effective September 27, 2008, 38 Pa.B. 5303. Immediately preceding text appears at serial pages (330030) and (319061).

Cross References

   This section cited in 52 Pa. Code §  1.56 (relating to date of service); 52 Pa. Code §  1.58 (relating to form of certificate of service); 52 Pa. Code §  5.75 (relating to notice, service and action on petitions to intervene); 52 Pa. Code §  5.421 (relating to subpoenas); and 52 Pa. Code §  5.631 (relating to notice of taking appeal).

§ 1.55. Service on attorneys.

 (a)  When an attorney enters an appearance under §  1.24 (relating to notices of appearances or withdrawals), service must be directed to the attorney in the same manner as prescribed for his client.

 (b)  When a party is represented by an attorney, service upon the attorney shall be deemed service upon the party. Separate service on the party may be omitted.

 (c)  Subsections (a) and (b) supersede 1 Pa. Code §  31.26 (relating to service on attorneys).

Authority

   The provisions of this §  1.55 amended under the Public Utility Code, 66 Pa.C.S. § §  501, 504—506, 1301 and 1501.

Source

   The provisions of this §  1.55 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 (263601) to (263602).

Cross References

   This section cited in 52 Pa. Code §  5.421 (relating to subpoenas).

§ 1.56. Date of service.

 (a)  The date of service shall be the earliest day when the document served meets one of the following conditions:

   (1)  The document is deposited in the United States mail.

   (2)  The document is deposited with an overnight express package delivery service.

   (3)  The document is delivered in person.

   (4)  The document is transmitted by telefacsimile or electronic mail as provided in §  1.54(b) (relating to service by a party) prior to 4:30 p.m. local prevailing time in the Eastern Time Zone (United States of America).

   (5)  The document enters an information processing system designated by the recipient for the purpose of receiving service and from which the recipient is able to retrieve the served document in a form capable of being processed by the recipient’s system prior to 4:30 p.m. local prevailing time in the Eastern Time Zone (United States of America).

 (b)  Unless otherwise prescribed by the Commission or presiding officer, whenever a party is required or permitted to do an act within a prescribed period after service of a document upon the party and the document is served by first-class mail by the United States Postal Service, 3 days shall be added to the prescribed period.

 (c)  Subsection (a) supersedes 1 Pa. Code §  33.34 (relating to date of service).

Authority

   The provisions of this §  1.56 amended under the Public Utility Code, 66 Pa.C.S. § §  309—311, 315, 331—335, 501, 504—506, 523, 701—703, 1101—1103, 1301, 1501 and 1504.

Source

   The provisions of this §  1.56 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; amended September 26, 2008, effective September 27, 2008, 38 Pa.B. 5303; amended September 20, 2013, effective September 21, 2013, 43 Pa.B. 5593. Immediately preceding text appears at serial pages (338464) to (338465).

Notes of Decisions

   Three-day Extension

   Since neither the administrative law judge nor the Pennsylvania Public Utility Commission otherwise prescribed, the Southeastern Pennsylvania Transportation Authority’s exceptions to the recommended decision, filed by mail and received 21 days after the decision, were timely; the 3-day extension is automatic. Southeastern Pennsylvania Transportation Authority v. Pennsylvania Public Utility Commission, 592 A.2d 808 (Pa. 1991); appeal denied 611 A.2d 714 (Pa. 1992).

Cross References

   This section cited in 52 Pa. Code §  1.8 (relating to definitions); 52 Pa. Code §  5.533 (relating to procedure to except to initial, tentative and recommended decisions); and 52 Pa. Code §  5.535 (relating to replies).

§ 1.57. Proof of service.

 (a)  Paper filings. A certificate of service in the form prescribed by §  1.58 (relating to form of certificate of service) must accompany and be attached to the original and all copies of pleadings, submittals or other documents filed with the Commission when service is required to be made by the parties.

 (b)  Electronic filings. Documents filed on the Commission’s electronic filing system must contain a certificate of service stating that the document was filed electronically. The certificate of service must identify the manner in which service on each party was accomplished.

 (c)  Supersession. Subsections (a) and (b) supersede 1 Pa. Code §  33.35 (relating to proof of service).

Authority

   The provisions of this §  1.57 amended under the Public Utility Code, 66 Pa.C.S. § §  501, 504—506, 1301 and 1501.

Source

   The provisions of this §  1.57 amended January 24, 1997, effective January 25, 1997, 27 Pa.B. 414; amended September 26, 2008, effective September 27, 2008, 38 Pa.B. 5303. Immediately preceding text appears at serial page (337301).

Cross References

   This section cited in 52 Pa. Code §  1.8 (relating to definitions); and 52 Pa. Code §  1.32 (relating to filing specifications).

§ 1.58. Form of certificate of service.

 (a)  The form of certificate of service must be as follows:

 I hereby certify that I have this day served a true copy of the foregoing document upon the parties, listed below, in accordance with the requirements of §  1.54 (relating to service by a party).

 (List names and addresses of parties served and manner in which each was served.)

 Dated this


day of
, 2
.

 

 


 (Signature)

 Counsel for

 



 (b)  A certificate of service accompanying an electronic filing must state that the document was filed electronically on the Commission’s electronic filing system.

 (c) Subsections (a) and (b) supersede 1 Pa. Code §  33.36 (relating to form of certificate of service).

Authority

   The provisions of this §  1.58 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 §  1.58 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 April 28, 2006, effective April 29, 2006, 36 Pa.B. 2097; amended September 26, 2008, effective September 27, 2008, 38 Pa.B. 5303. Immediately preceding text appears at serial pages (337301) to (337302).

Cross References

   This section cited in 52 Pa. Code §  1.8 (relating to definitions); 52 Pa. Code §  1.32 (relating to filing specifications); and 52 Pa. Code §  1.57 (relating to proof of service).

§ 1.59. Number of copies to be served.

 (a)  One copy of a document shall be served on the presiding officer if one has been designated.

 (b)  The following number of copies of documents shall be served on other parties in a proceeding:

   (1)  Briefs:

     (i)   Service of hard copies—two copies.

     (ii)   Service by telefacsimile or electronic mail, when permitted—one copy.

   (2)  Other documents—one copy.

 (c)  When a document, including attachments, exceeds 10 megabytes and must be filed with a CD-ROM or DVD in accordance with §  1.37(a)(5) (relating to number of copies), a party may request service of one copy of the document on a CD-ROM or a DVD instead of one paper copy.

 (d)  Subsections (a)—(c) supersede 1 Pa. Code §  33.37 (relating to number of copies).

Authority

   The provisions of this §  1.59 amended under the Public Utility Code, 66 Pa.C.S. § §  501, 504—506, 523, 1301, 1501 and 1504.

Source

   The provisions of this §  1.59 amended April 28, 2006, effective April 29, 2006, 36 Pa.B. 2097; amended September 26, 2008, effective September 27, 2008, 38 Pa.B. 5303; amended January 10, 2014, effective January 11, 2014, 44 Pa.B. 249. Immediately preceding text appears at serial page (351345).

Cross References

   This section cited in 52 Pa. Code §  1.54 (relating to service by a party); and 52 Pa. Code §  5.502 (relating to filing and service of briefs).



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