Current through Register Vol. 54, No. 24, June 15, 2024
Section 5.42 - Petitions for declaratory orders(a) Petitions for the issuance of a declaratory order to terminate a controversy or remove uncertainty must: (1) State clearly and concisely the controversy or uncertainty which is the subject of the petition.(2) Cite the statutory provision or other authority involved.(3) Include a complete statement of the facts and grounds prompting the petition.(4) Include a full disclosure of the interest of the petitioner.(b) The petitioner shall serve a copy of the petition on the Office of Trial Staff, Office of Consumer Advocate, Office of Small Business Advocate, all persons directly affected and on other parties who petitioner believes will be affected by the petition. Service shall be evidenced with a certificate of service filed with the petition.(c) Copies shall also be served in compliance with Commission direction.(d) Subsections (a)-(c) supersede 1 Pa. Code § 35.19 (relating to petitions for declaratory orders).The provisions of this § 5.42 adopted October 12, 1984, effective 1/1/1985, 14 Pa.B. 3819; amended January 24, 1997, effective 1/25/1997, 27 Pa.B. 414; amended April 28, 2006, effective 4/29/2006, 36 Pa.B. 2097.The provisions of this § 5.42 amended under the Public Utility Code, 66 Pa.C.S. § § 501, 504-506, 1301 and 1501.
This section cited in 52 Pa. Code § 3.4 (relating to hearings following issuance of emergency); 52 Pa. Code § 3.601 (relating to general); and 52 Pa. Code § 5.41 (relating to petitions generally).