(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).
Notes
The
provisions of this § 1.54 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; amended September 26, 2008, effective
9/27/2008, 38 Pa.B.
5303.
The provisions of this § 1.54 amended under the Public
Utility Code,
66 Pa.C.S. §
§
501,
504-506,
1301 and
1501.
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).
