Subchapter G. MATTERS BEFORE OTHER TRIBUNALS


Sec.


1.61.    Notice and filing of copies of pleadings before other tribunals.
1.62.    Filing and record of securities certificate in bankruptcy proceedings.

§ 1.61. Notice and filing of copies of pleadings before other tribunals.

 (a)  When matters over which the Commission may have jurisdiction under the act are raised in proceedings filed with a court or other regulatory body by a person subject to the act, either an appropriate application or petition, or notice of the proceedings and copies of the material pleadings filed therein, shall be filed simultaneously with the Commission so that it may have sufficient notice and time for proper consideration of the matters within its jurisdiction.

 (b)  Upon filing of a petition for bankruptcy under the United States Bankruptcy Code (11 U.S.C.) by a jurisdictional utility or licensee or by a parent, affiliate, or direct or indirect subsidiary of a utility or licensee, the utility or licensee shall file a copy of the petition with the Commission, and serve the Office of Trial Staff, the Office of Consumer Advocate and the Office of Small Business Advocate.

 (c)  An entity subject to the regulatory jurisdiction of the Commission, or its trustee in bankruptcy, shall file a copy of the reorganization plan for itself or for its bankrupt parent, subsidiary or affiliate for Commission review within 10 days after the debtor has filed the plan, its supplements and amendments, or has received notice that the plan has been filed with the court.

 (d)  If the reorganization plan submitted under subsection (c) contemplates the abandonment of service, the submittal must include an application under Chapter 11 of the act (relating to certificates of public convenience). If a licensee’s reorganization plan includes the abandonment of the license, the submittal must include the appropriate pleading as required by the act.

Authority

   The provisions of this §  1.61 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 §  1.61 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 pages (225576) to (225577).

Cross References

   This section cited in 52 Pa. Code §  63.324 (relating to commission approval of a general rule transaction subject to 66 Pa.C.S. § §  1102(a)(3) and 1103); and 52 Pa. Code §  63.325 (relating to commission approval of a pro forma transaction subject ot 66 Pa.C.S. §  1102(a)(3) and 1103).

§ 1.62. Filing and record of securities certificate in bankruptcy proceedings.

 After final approval of a plan by the bankruptcy court, but before issuing or changing the terms and conditions of securities, the debtor or its successor shall file with the Commission a securities certificate in respect to the issuance or change. Development of a record in the proceeding, however, may be unnecessary, if the petition contains a stipulation that the record in a previous proceeding relating to the plan may be considered by the Commission in passing upon the securities certificate.

Source

   The provisions of this §  1.62 adopted October 12, 1984, effective January 1, 1985, 14 Pa.B. 3819.

Cross References

   This section cited in 52 Pa. Code §  63.324 (relating to commission approval of a general rule transaction subject to 66 Pa.C.S. § §  1102(a)(3) and 1103); and 52 Pa. Code §  63.325 (relating to commission approval of a pro forma transaction subject to 66 Pa.C.S. § §  1102(a)(3) and 1103).



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