1. (a) Protests. A person objecting to an application filed under § § 3.513, 3.514 and 3.515 (relating to requirements to become a certificated water public utility or a certificated wastewater public utility; extensions of water distribution mains or wastewater collection mains; and acquisitions of an existing water system or a wastewater system by a certificated water public utility or certificated wastewater public utility) shall file with the Secretary of the Commission and serve upon the applicant, or the applicant’s attorney if the applicant is represented, a written protest which must contain the following:

   1. (1) The applicant’s name and the docket number of the application.
   2. (2) The name, business address and telephone number of the protestant.
   3. (3) The name, business address, Pennsylvania attorney identification number and telephone number of the protestant’s attorney or other representative.
   4. (4) A statement of the nature of the protestant’s interest in the application.

2. (b) Protest filings.

   1. (1) A protest, if filed, must be filed and served within the time specified in the notice appearing in the Pennsylvania Bulletin, which shall be at least 30 days from the date of publication thereof except when the need for the proposed service or other exigent circumstances supports a request for a shorter protest period upon good cause shown.
   2. (2) Failure to file the protest in accordance with this subsection shall be a bar to subsequent participation in the proceeding except if permitted by the Commission for good cause shown or as provided in § 5.71 (relating to initiation of intervention).
   3. (3) In determining whether good cause has been shown for a protest beyond the period set forth in this section, the Commission will take into account whether the scheduling of a municipal meeting has caused hardship for a timely protest.
   4. (4) A protest will be treated as a pleading.
3. (c) Participation in a proceeding. Upon the filing of a timely protest, the protestant will be allowed to participate in the proceeding as a party intervenor. Statutory advocates may participate in any proceeding based on their statutory right of participation.
4. (d) Motions. The applicant may, within 20 days after the closing date for the filing of protests, file a motion or motions to strike, to dismiss or for amplification as provided in § 5.101 (relating to preliminary objections).

Authority

The provisions of this § 3.516 added under 66 Pa.C.S. § § 1101—1103.

Source

The provisions of this § 3.516 added September 26, 2025, effective January 26, 2026, 55 Pa.B. 6829.