INTERIM EMERGENCY RELIEF

1. (a) A party may submit a petition for an interim emergency order during the course of a proceeding. The petition shall be filed with the Secretary and served contemporaneously on the Chief Administrative Law Judge and on the parties.

2. (b) To the extent practicable, a petition for an interim emergency order must be in the form of a petition as set forth in § 5.41 (relating to petitions generally). A petition for an interim emergency order must be supported by a verified statement of facts which establishes the existence of the need for interim emergency relief, including facts to support the following:

   1. (1) The petitioner’s right to relief is clear.
   2. (2) The need for relief is immediate.
   3. (3) The injury would be irreparable if relief is not granted.
   4. (4) The relief requested is not injurious to the public interest.
3. (c) Allegations set forth in the petition shall be deemed to have been denied by the opposing parties, and an answer is not required. A party may file an answer in the form set forth in § 5.61 (relating to answers to complaints, petitions and motions) no later than 5 days after service of a copy of the petition.
4. (d) Other pleadings, memoranda or briefs related to a petition for interim emergency order are not permitted unless specifically requested by the presiding officer.

Authority

The provisions of this § 3.6 amended under the Public Utility Code, 66 Pa.C.S. § § 309—311, 315, 331—335, 501, 504—506, 701—703, 1101—1103, 1301 and 1501.

Source

The provisions of this § 3.6 adopted November 21, 1986, effective November 22, 1986, 16 Pa.B. 4564; amended December 2, 1988, effective January 3, 1989, 18 Pa.B. 5451; amended January 24, 1997, effective January 25, 1997, 27 Pa.B. 414; amended April 28, 2006, effective April 29, 2006, 36 Pa.B. 2097. Immediately preceding text appears at serial pages (225590) and (263605).

Cross References

This section cited in 52 Pa. Code § 3.7 (relating to issuance of interim emergency orders).