Current through Pa Acts 2024-53, 2024-56 through 2024-92
Section 309-4 - Powers and duties of the Consumer Advocate (Adm. Code Section 904-A)(a) In addition to any other authority conferred upon him by this act, the Consumer Advocate is authorized, and it shall be his duty, in carrying out his responsibilities under this act, to represent the interest of consumers as a party, or otherwise participate for the purpose of representing an interest of consumers, before the commission in any matter properly before the commission, and before any court or agency, initiating proceedings if in his judgment such may be necessary, in connection with any matter involving regulation by the commission or the corresponding regulatory agency of the United States whether on appeal or otherwise initiated.(a.1) The Consumer Advocate may monitor all cases before corresponding regulatory agencies of the United States, including the Federal Communications Commission and the Federal Energy Regulatory Commission, which impact upon the interests of Pennsylvania consumers and may formally participate in those proceedings which in his judgment warrant such participation.(b) The Consumer Advocate may exercise discretion in determining the interests of consumers which will be advocated in any particular proceeding and in determining whether or not to participate in or initiate any particular proceeding and, in so determining, shall consider the public interest, the resources available and the substantiality of the effect of the proceeding on the interest of consumers. The Consumer Advocate may refrain from intervening when in the judgment of the Consumer Advocate such is not necessary to represent adequately the interest of consumers.(c) In addition to any other authority conferred upon him by this act, the Consumer Advocate is authorized to represent an interest of consumers which is presented to him for his consideration upon petition in writing by a substantial number of persons, who make direct use or are ultimate recipients of a product or service supplied by a person, corporation, or municipal corporation subject to regulation by the commission. The Consumer Advocate shall notify the principal sponsors of any such petition within a reasonable time after receipt of any such petition of the action taken or intended to be taken by him with respect to the interest of consumers presented in such petition. If the Consumer Advocate declines or is unable to represent such interest, he shall notify such sponsors and shall state his reasons therefor.(d) Any action brought by the Consumer Advocate before a court or an agency of this Commonwealth shall be brought in the name of the Consumer Advocate. The Consumer Advocate may name a consumer or group of consumers in whose name the action may be brought or may join with a consumer or group of consumers in bringing the action.(e) At such time as the Consumer Advocate determines, in accordance with applicable time limitations, to initiate, intervene, or otherwise participate in any commission, agency, or court proceeding, he shall issue publicly a written statement, a copy of which he shall file in the proceeding in addition to any required entry of his appearance, stating concisely the specific interest of consumers to be protected.1929, April 9, P.L. 177, art. IX-A, § 904-A, added 1976, July 9, P.L. 903, No. 161, § 1, effective 7/1/1976. Amended 1983, July 20, P.L. 48, No. 25, § 1, imd. effective.