Subchapter H. PUBLIC ACCESS TO COMMISSION RECORDS


Sec.


1.71.    Statement of objectives.
1.72.    Content review of formal case files.
1.73.    Fiscal records.
1.74.    Disclosure of other documents.
1.75.    Review of staff determination.
1.76.    Tariffs, minutes of the public meetings and annual reports.
1.77.    Extensions of time to review folders.

§ 1.71. Statement of objectives.

 The Commission’s records maintenance system is intended to provide for the greatest degree of public access to Commission documents that is consistent with the exercise of the functions of the Commission under the act and other applicable laws. The Commission’s system is designed to meet that objective and to give public notice of which classes of documents are available for inspection. The system provides a predictable standard, which nevertheless permits the Commission to take cognizance of the circumstances of individual requests for documents which may militate in favor of or against disclosure.

Authority

   The provisions of this §  1.71 amended under the Public Utility Code, 66 Pa.C.S. § §  501, 504—506, 1301 and 1501.

Source

   The provisions of this §  1.71 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 page (225578).

Cross References

   This section cited in 52 Pa. Code §  1.74 (relating to disclosure of other documents); 52 Pa. Code §  1.77 (relating to extensions of time to review folders); and 52 Pa. Code §  5.349 (relating to requests for documents, entry for inspection and other purposes).

§ 1.72. Content and review of formal case files.

 (a)  Format. Format for filing records in formal cases will conform with the following:

   (1)  The files for formal cases initiated prior to May 15, 1977, will contain a records, correspondence and testimony folder.

   (2)  The files for formal cases initiated on or after May 15, 1977, will contain a document, report and testimony folder.

 (b)  Contents. Contents of folders in formal cases will conform with the following:

   (1)  Formal cases initiated prior to May 15, 1977, will conform with the following:

     (i)   Testimony folder. This folder will contain hearing transcripts and exhibits.

     (ii)   Record folder. This folder will contain formal filings in a case, including but not limited to, complaints, petitions, answers, replies, motions, briefs and requests for procedural or interim orders and opinions.

     (iii)   Correspondence folder. This folder will contain staff reports, acknowledgments, proofs of service and other documents not covered by subparagraphs (i) and (ii).

   (2)  Formal cases initiated on or after May 15, 1977, will conform with the following:

     (i)   Testimony folder. This folder will contain the same material as described in subparagraph (i).

     (ii)   Document folder. This folder will contain formal filings in a case, including but not limited to, complaints, petitions, answers, replies, motions, briefs and requests for procedural or interim orders and opinions. In addition, it will contain correspondence from or to the Commission except for staff reports, investigative materials and other material not subject to the disclosure requirements of the Commission.

     (iii)   Report folder. This folder will contain staff reports, investigative materials and other material not subject to the disclosure requirements of the Commission.

 (c)  Access. Access to files in formal cases will conform with the following:

   (1)  The record and testimony folders for cases initiated prior to May 15, 1977, will be available for inspection upon request made to file room personnel during normal Commission business hours.

   (2)  The document and testimony folders for cases initiated on or after May 15, 1977, will be available for inspection upon request made to file room personnel during normal Commission business hours.

   (3)  Material contained in the correspondence folders of formal cases initiated prior to May 15, 1977, will be available for inspection if the material would otherwise have qualified for placement in the document folder, as described in subsection (b)(2)(ii) of cases initiated on or after May 15, 1977. The inspection will be subject to the procedures outlined in subsection (d).

   (4)  The material contained in the report folder of cases initiated on or after May 15, 1977, will not be available for public inspection except as described in §  1.74 (relating to disclosure of other documents).

 (d)  Procedures. Procedures for review of correspondence and report folders will conform with the following:

   (1)  Correspondence folders. Review procedures for correspondence folders will be as follows:

     (i)   A person desiring access to a correspondence folder of a formal case may request file room personnel for a review of the file to determine which material contained therein may be released for inspection.

     (ii)   The review will be made and the requestor notified within 30 days.

     (iii)   If dissatisfied with the results of the first review, the requestor may ask that the documents removed from the correspondence folder before it was given to him be reviewed again.

     (iv)   A 30-day period applies to the second request for review.

   (2)  Report folders. Review procedures for report folders will be as follows:

     (i)   A person may request file room personnel for a review of particular documents or for a specifically defined portion of the report folder to determine which, if any, material contained in the folder may be released for inspection.

     (ii)   The review, except for good cause, will be made and the requestor notified within 30 days.

Authority

   The provisions of this §  1.72 amended under the Public Utility Code, 66 Pa.C.S. § §  501, 504—506, 1301 and 1501.

Source

   The provisions of this §  1.72 adopted October 12, 1984, effective January 1, 1985, 14 Pa.B. 3819; amended January 24, 1997, effective January 25, 1997, 27 Pa.B. 414; amneded April 28, 2006, effective April 29, 2006, 36 Pa.B. 2097. Immediately preceding text appears at serial pages (225578) to (225580).

Cross References

   This section cited in 52 Pa. Code §  1.74 (relating to disclosure of other documents); 52 Pa. Code §  1.77 (relating to extensions of time to review folders); and 52 Pa. Code §  5.349 (relating to requests for documents, entry for inspection and other purposes).

§ 1.73. Fiscal records.

 (a)  Except as provided in subsection (b), an account, voucher or contract dealing with the receipt or disbursement of funds by the Commission or its acquisition, use or disposal of services or supplies, materials, equipment or other property will be available during normal Commission business hours upon request made to the Commission fiscal office. Fiscal records are retained in accordance with time periods set by applicable statutory, regulatory and administrative requirements.

 (b)  No fiscal record, nor unseverable part thereof, which contains material exempted from the disclosure requirements provided in the act of June 21, 1957 (P. L. 390, No. 212) (65 P. S. § §  66.1—66.4) or which otherwise presents a substantial need for nondisclosure, will be available for public inspection.

Authority

   The provisions of this §  1.73 amended under the Public Utility Code, 66 Pa.C.S. § §  501, 504—506, 1301 and 1501.

Source

   The provisions of this §  1.73 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 (225580) to (225581).

Cross References

   This section cited in 52 Pa. Code §  1.74 (relating to disclosure of other documents); 52 Pa. Code §  1.77 (relating to extensions of time to review folders); and 52 Pa. Code §  5.349 (relating to requests for documents, entry for inspection and other purposes).

§ 1.74. Disclosure of other documents.

 For documents not made public under § §  1.71—1.73 and 1.75—1.77 or by statute, access may be had only upon petition of the requestor made to and granted by the Commission.

Source

   The provisions of this §  1.74 adopted October 12, 1984, effective January 1, 1985, 14 Pa.B. 3819.

Cross References

   This section cited in 52 Pa. Code §  1.72 (relating to formal case files); 52 Pa. Code §  1.77 (relating to extensions of time to review folders); and 52 Pa. Code §  5.349 (relating to requests for documents, entry for inspection and other purposes).

§ 1.75. Review of staff determination.

 When advised by a staff member that no further staff review of the request for review is possible, the requestor may petition the Commission for review as to a specific or definite class of documents.

Source

   The provisions of this §  1.75 adopted October 12, 1984, effective January 1, 1985, 14 Pa.B. 3819.

Cross References

   This section cited in 52 Pa. Code §  1.74 (relating to disclosure of other documents); 52 Pa. Code §  1.77 (relating to extensions of time to review folders); and 52 Pa. Code §  5.349 (relating to requests for documents, entry for inspection and other purposes).

§ 1.76. Tariffs, minutes of public meetings and annual reports.

 Tariffs, minutes of public meetings and annual reports will be available for public inspection and copying upon request to the Secretary’s Bureau during the Commission’s office hours.

Authority

   The provisions of this §  1.76 amended under the Public Utility Code, 66 Pa.C.S. § §  501, 504—506, 1301 and 1501.

Source

   The provisions of this §  1.76 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 (225581) to (225582).

Cross References

   This section cited in 52 Pa. Code §  1.74 (relating to disclosure of other documents); 52 Pa. Code §  1.77 (relating to extensions of time to review folders); and 52 Pa. Code §  5.349 (relating to requests for documents, entry for inspection and other purposes).

§ 1.77. Extensions of time to review folders.

 For good cause the Commission may extend the time limits applicable to requests for access to documents. In the case of documents displaying no need for confidentiality, or, conversely, documents containing information which the Commission considers improper for public inspection, the Commission may direct the appropriate treatment thereof, notwithstanding contrary provisions in § §  1.71—1.76.

Authority

   The provisions of this §  1.77 amended under the Public Utility Code, 66 Pa.C.S. § §  501, 504—506, 1301 and 1501.

Source

   The provisions of this §  1.77 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 (215931) to (215932).

Cross References

   This section cited in 52 Pa. Code §  1.74 (relating to disclosure of other documents); and 52 Pa. Code §  5.349 (relating to requests for documents, entry for inspection and other purposes).



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