§ 703. Fixing of hearings.
(a) Satisfaction of complaint or hearing.--If any party complained against, within the time specified by the commission, shall
satisfy the complaint, the commission shall dismiss the complaint. Such party shall
be relieved from responsibility only for the specific matter complained of. If such
party shall not satisfy the complaint within the time specified, and it shall appear
to the commission from a consideration of the complaint and answer, or otherwise,
that reasonable ground exists for investigating such complaint, it shall be the duty
of the commission to fix a time and place for a hearing.
(b) Notice of hearing.--The commission shall fix the time and place of hearing, within or without this Commonwealth,
if any is required, and shall serve notice thereof upon parties in interest. The commission
may dismiss any complaint without a hearing if, in its opinion, a hearing is not necessary
in the public interest.
(c) Hearing and record.--All hearings before the commission, or its representative, shall be public, and shall
be conducted in accordance with such regulations as the commission may prescribe.
A full and complete record shall be kept of all proceedings had before the commission,
or its representative, on any formal hearing, and all testimony shall be taken down
by a reporter appointed by the commission, and the parties shall be entitled to be
heard in person or by attorney, and to introduce evidence.
(d) Informal hearings.--The commission may, in addition to the hearings specially provided by this part, conduct
such other hearings as may be required in the administration of the powers and duties
conferred upon it by this part and by other acts relating to public utilities. Reasonable
notice of all such hearings shall be given the persons interested therein.
(e) Decisions by commission.--After the conclusion of the hearing, the commission shall make and file its findings
and order with its opinion, if any. Its findings shall be in sufficient detail to
enable the court on appeal, to determine the controverted question presented by the
proceeding, and whether proper weight was given to the evidence. A copy of such order,
certified under the seal of the commission, shall be served by registered or certified
mail upon the party or parties against whom it runs, or his attorney, and notice thereof
shall be given to the other parties to the proceedings or their attorney. Such order
shall take effect and become operative as designated therein, and shall continue in
force either for a period which may be designated therein, or until changed or revoked
by the commission. The commission may grant and prescribe such additional time as,
in its judgment, is reasonably necessary to comply with the order, and may, on application
and for good cause shown, extend the time for compliance fixed in its order.
(f) Rehearing.--After an order has been made by the commission, any party to the proceedings may,
within 15 days after the service of the order, apply for a rehearing in respect of
any matters determined in such proceedings and specified in the application for rehearing,
and the commission may grant and hold such rehearing on such matters. No application
for a rehearing shall in anywise operate as a supersedeas, or in any manner stay or
postpone the enforcement of any existing order, except as the commission may, by order,
direct. If the application be granted, the commission may affirm, rescind, or modify
its original order.
(g) Rescission and amendment of orders.--The commission may, at any time, after notice and after opportunity to be heard as
provided in this chapter, rescind or amend any order made by it. Any order rescinding
or amending a prior order shall, when served upon the person, corporation, or municipal
corporation affected, and after notice thereof is given to the other parties to the
proceedings, have the same effect as is herein provided for original orders.
Notes of Decisions
Arippa v. Pennsylvania Pub. Util. Comm'n, 792 A.2d 636 (Pa. Commw. Ct. 2002).
· cites it 5× “§ 1397, the predecessor to the present Section 703 of the Code, 66 Pa.C.S. § 703, which is nearly identical to the present language in Section 703(g).”
In Re: Condemnation by Sunoco Pipeline, L.P. of Permanent & Temp. Rights of Way for the Transp. of Ethane, Propane, Liquid Petroleum Gas, & other Petroleum Prods. in the Twp. of North Middleton, Cumberland Cnty., PA ~ Appeal of: R.S. Martin, 143 A.3d 1000 (Pa. Commw. Ct. 2016).
· cites it 2× “PUC Orders and Tariffs Sunoco on May 21, 2014 filed an application pursuant to Section 703(g) of the Code, 66 Pa.C.S. § 703(g), 12 to clarify an August 29, 2013 PUC Order granting Sunoco authority to suspend and abandon its provision of east-to-west gasoline and distillate…”
Lehigh Valley Power Comm. v. Pennsylvania Pub. Util. Comm'n, 563 A.2d 548 (Pa. Commw. Ct. 1989).
· cites it 3× “The Commission is vested with the discretion to dismiss a complaint under Section 703 of the Code, 66 Pa.C.S. § 703. A decision to dismiss a complaint without *266 holding hearings will be reversed by this Court only if there was an abuse of discretion.”
Metro. Edison Co. v. Pennsylvania Pub. Util. Comm'n, 22 A.3d 353 (Pa. Commw. Ct. 2011).
· cites it 2× “The OSBA asserts that the Commission violated Section 703(e) of the Code, 66 Pa.C.S. § 703(e) (requiring that the Commission’s findings be sufficient to enable a court on appeal to determine questions at issue and whether the Commission gave proper weight to the evidence), when…”
City of Lancaster v. Pennsylvania Pub. Util. Comm'n, 769 A.2d 567 (Pa. Commw. Ct. 2001).
· cites it 2× “When AT & T argued on appeal that the PUC had erred in granting the petitioner reconsideration rather than a rehearing without petitioner's having alleged any new evidence for the PUC to consider, the Court observed that "[w]hile rehearing petitions must allege newly discovered…”
Tripps Park Civic Ass'n v. Pennsylvania Pub. Util. Comm'n, 415 A.2d 967 (Pa. Commw. Ct. 1980).
· cites it 2× “As to the merits: Tripps Park alleges that the October 2, 1978 order is (1) violative of Section 703 (g) of the Public Utility Code (Code), 66 Pa. C.S. §703(g), and of Tripps Park’s due process rights in that the PUC adopted it without giving notice and opportunity to be heard,-…”
At & T Commc'ns v. Pennsylvania Pub. Util. Comm'n, 568 A.2d 1362 (Pa. Commw. Ct. 1990).
· cites it 2× “3 AT & T next argues that the PUC failed to set forth its findings in sufficient detail as required by Section 703(e) of the Code, 66 Pa.C.S. § 703(e), in that it (1) gave no explanation supporting its conclusion and (2) gave no explanation of the relationship between the…”
UGI Corp. v. Pennsylvania Pub. Util. Comm'n, 410 A.2d 923 (Pa. Commw. Ct. 1980).
“OCA’s Appeal — Contention That The Commission Failed To Make Sueeicient Findings oe Fact OCA contends that the Commission completely ignored the three issues raised by OCA in this appeal despite OCA’s presentation of evidence on these issues.”
— 66 Pa. Cons. Stat. § 703(a) — 2 cases
— 66 Pa. Cons. Stat. § 703(b) — 8 cases
Lehigh Valley Power Comm. v. Pennsylvania Pub. Util. Comm'n, 563 A.2d 548 (Pa. Commw. Ct. 1989).
“The Commission is vested with the discretion to dismiss a complaint under Section 703 of the Code, 66 Pa.C.S. § 703. A decision to dismiss a complaint without *266 holding hearings will be reversed by this Court only if there was an abuse of discretion.”
— 66 Pa. Cons. Stat. § 703(e) — 27 cases
Metro. Edison Co. v. Pennsylvania Pub. Util. Comm'n, 22 A.3d 353 (Pa. Commw. Ct. 2011).
“The OSBA asserts that the Commission violated Section 703(e) of the Code, 66 Pa.C.S. § 703(e) (requiring that the Commission’s findings be sufficient to enable a court on appeal to determine questions at issue and whether the Commission gave proper weight to the evidence), when…”
Arippa v. Pennsylvania Pub. Util. Comm'n, 792 A.2d 636 (Pa. Commw. Ct. 2002).
“§ 1397, the predecessor to the present Section 703 of the Code, 66 Pa.C.S. § 703, which is nearly identical to the present language in Section 703(g).”
— 66 Pa. Cons. Stat. § 703(f) — 5 cases
— 66 Pa. Cons. Stat. § 703(g) — 23 cases
In Re: Condemnation by Sunoco Pipeline, L.P. of Permanent & Temp. Rights of Way for the Transp. of Ethane, Propane, Liquid Petroleum Gas, & other Petroleum Prods. in the Twp. of North Middleton, Cumberland Cnty., PA ~ Appeal of: R.S. Martin, 143 A.3d 1000 (Pa. Commw. Ct. 2016).
“PUC Orders and Tariffs Sunoco on May 21, 2014 filed an application pursuant to Section 703(g) of the Code, 66 Pa.C.S. § 703(g), 12 to clarify an August 29, 2013 PUC Order granting Sunoco authority to suspend and abandon its provision of east-to-west gasoline and distillate…”
Arippa v. Pennsylvania Pub. Util. Comm'n, 792 A.2d 636 (Pa. Commw. Ct. 2002).
“§ 1397, the predecessor to the present Section 703 of the Code, 66 Pa.C.S. § 703, which is nearly identical to the present language in Section 703(g).”
City of Lancaster v. Pennsylvania Pub. Util. Comm'n, 769 A.2d 567 (Pa. Commw. Ct. 2001).
“When AT & T argued on appeal that the PUC had erred in granting the petitioner reconsideration rather than a rehearing without petitioner's having alleged any new evidence for the PUC to consider, the Court observed that "[w]hile rehearing petitions must allege newly discovered…”
Tripps Park Civic Ass'n v. Pennsylvania Pub. Util. Comm'n, 415 A.2d 967 (Pa. Commw. Ct. 1980).
“As to the merits: Tripps Park alleges that the October 2, 1978 order is (1) violative of Section 703 (g) of the Public Utility Code (Code), 66 Pa. C.S. §703(g), and of Tripps Park’s due process rights in that the PUC adopted it without giving notice and opportunity to be heard,-…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.