§ 335 — Initial decisions and release of documents

Pennsylvania § 335

• Jurisdiction: Pennsylvania
• Title 66: PUBLIC UTILITIES
• Part: PART I
• Ch. 3: PUBLIC UTILITY COMMISSION
• Subch.: INVESTIGATIONS AND HEARINGS

Text

(a) Procedures.--When the commission does not preside at the reception of evidence, the presiding officer shall initially decide the case, unless the commission requires, either in specific cases or by general rule, the entire record to be certified to it for decision. When the presiding officer makes an initial decision, that decision then shall be approved by the commission and may become the opinion of the commission without further proceeding within the time provided by commission rule. On review of the initial decision, the commission has all the powers which it would have in making the initial decision except as it may limit the issues on notice or by rule. When the commission makes the decision in a rate determination proceeding without having presided at the reception of the evidence, the presiding officer shall make a recommended decision to the commission in accordance with the provisions of this part. Alternatively, in all other matters:

(1) the commission may issue a tentative decision or one of its responsible employees may recommend a decision; or

(2) this procedure may be omitted in a case in which the commission finds on the record that due and timely execution of the functions imperatively and unavoidably so requires.

(b) Exceptions or proposed findings and conclusions.--Before a recommended, initial or tentative decision issued under this section, or a decision on commission review of the decision of subordinate employees, the parties are entitled to a reasonable opportunity to submit for the consideration of the commission:

(1) (i) proposed findings and conclusions; or

(ii) exceptions to the decisions or recommended decisions of subordinate employees or to tentative commission decisions; and

(2) supporting reason for the exceptions or proposed findings or conclusions.

(c) Record.--The record shall show the ruling on each finding, conclusion or exception presented. All decisions, including initial, recommended and tentative decisions, are a part of the record and shall include a statement of:

(1) findings and conclusions, and the reasons or basis therefor, on all material issues of fact, law or discretion presented on the record; and

(2) the appropriate rule, order, sanction, relief or denial thereof.

(d) Release of documents.--In addition to any other requirements imposed by law, including the act of June 21, 1957 (P.L.390, No.212), referred to as the Right-to-Know Law, and the act of July 3, 1986 (P.L.388, No.84), known as the Sunshine Act, whenever the commission conducts an investigation of an act or practice of a public utility and makes a decision, enters into a settlement with a public utility or takes any other official action, as defined in the Sunshine Act, with respect to its investigation, it shall make part of the public record and release publicly any documents relied upon by the commission in reaching its determination, whether prepared by consultants or commission employees, other than documents protected by legal privilege; provided, however, that if a document contains trade secrets or proprietary information and it has been determined by the commission that harm to the person claiming the privilege would be substantial or if a document required to be released under this section contains identifying information which would operate to the prejudice or impairment of a person's reputation or personal security, or information that would lead to the disclosure of a confidential source or subject a person to potential economic retaliation as a result of their cooperation with a commission investigation, or information which, if disclosed to the public, could be used for criminal or terroristic purposes, the identifying information may be expurgated from the copy of the document made part of the public record. For the purposes of this section, "a document" means a report, memorandum or other document prepared for or used by the commission in the course of its investigation whether prepared by an adviser, consultant or other person who is not an employee of the commission or by an employee of the commission.

Legislative History

(Apr. 21, 1989, P.L.11, No.3, eff. imd.) 1989 Amendment.Act 3 amended the section heading and added subsec. (d). Section 3 of Act 3 provided that Act 3 shall apply to any action pending before the commission or any action taken by the commission within 180 days prior to the effective date of Act 3. References in Text.The act of July 3, 1986 (P.L.388, No.84), known as the Sunshine Act, referred to in subsec. (d), was repealed by the act of October 15, 1998 (P.L.729, No.93). The subject matter is now contained in Chapter 7 of Title 65 (Public Officers). The act of June 21, 1957 (P.L.390, No.212), referred to as the Right-to-Know Law, referred to in subsec. (d), was repealed by the act of Feb. 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law. Cross References.Section 335 is referred to in sections 308, 308.1, 331 of this title.