The standards that govern the issuance of interim emergency orders are set at 52 Pa. Code § 3.6. Section 3.6 requires that a petition for interim emergency relief be supported by a verified statement of facts that establishes the existence of the need for emergency relief, including facts to support the following: (1) The petitioner’s to relief is clear. (2) The need for relief is immediate. (3) The injury be irreparable if relief is not granted. (4) The relief requested is not injurious to the public interest. 52 Pa. Code § 3.6(b). The Commission may grant interim emergency relief only when all of the foregoing elements exist. Glade Park East Home Owners Association v. Pa. PUC, 628 A.2d 468, 473 (Pa. Cmwlth. 1993). The party seeking relief bears the burden of proving that the facts and circumstances meet all four of the requirements of 52 Pa. Code § 3.6(b). 66 Pa. C.S. § 332(a). The burden of proof must be carried by a preponderance of the evidence. 578 A.2d 600 (Pa. Cmwlth. 1990), 529 Samuel J. Lansberry, Inc. v. Pa. PUC, alloc. den., Pa. 654, 602 A.2d 863 (1992). That is, the petitioner’s evidence must be more convincing, by even the smallest amount, than that presented by the other party. SeLing 364 Pa. 45, 70 A.2d 854 (1950). Hosiery, Inc. v. Margulies, Additionally, any finding of fact necessary to support the Commission’s decision must be based upon substantial evidence. 447 A.2d 1100 Mill v. Pa. PUC, (Pa. Cmwlth. 1982); 623 A.2d 6 (Pa. Cmwlth. Edan Transportation Corp. v. Pa. PUC, 1993). More is required than a mere trace of evidence or a suspicion of the existence of a fact sought to be established. 489 Pa. 109, Norfolk and Western Ry. Co. v. Pa. PUC, 413 A.2d 1037 (1980); Erie Resistor Corp. v. Unemployment Compensation Bd. of
The standards that govern the issuance of interim emergency orders are set at 52 Pa. Code § 3.6. Section 3.6 requires that a petition for interim emergency relief be supported by a verified statement of facts that establishes the existence of the need for emergency relief, including facts to support the following: (1) The petitioner’s to relief is clear. (2) The need for relief is immediate. (3) The injury be irreparable if relief is not granted. (4) The relief requested is not injurious to the public interest. 52 Pa. Code § 3.6(b). The Commission may grant interim emergency relief only when all of the foregoing elements exist. Glade Park East Home Owners Association v. Pa. PUC, 628 A.2d 468, 473 (Pa. Cmwlth. 1993). The party seeking relief bears the burden of proving that the facts and circumstances meet all four of the requirements of 52 Pa. Code § 3.6(b). 66 Pa. C.S. § 332(a). The burden of proof must be carried by a preponderance of the evidence. Samuel J. Lansberry, Inc. v. Pa. PUC, 578 A.2d 600 (Pa. Cmwlth. 1990), alloc. den., 529 Pa. 654, 602 A.2d 863 (1992). That is, the petitioner’s evidence must be more convincing, by even the smallest amount, than that presented by the other party. SeLing Hosiery, Inc. v. Margulies, 364 Pa. 45, 70 A.2d 854 (1950). Additionally, any finding of fact necessary to support the Commission’s decision must be based upon substantial evidence. Mill v. Pa. PUC, 447 A.2d 1100 (Pa. Cmwlth. 1982); Edan Transportation Corp. v. Pa. PUC, 623 A.2d 6 (Pa. Cmwlth. 1993). More is required than a mere trace of evidence or a suspicion of the existence of a fact sought to be established. Norfolk and Western Ry. Co. v. Pa. PUC, 489 Pa. 109, 413 A.2d 1037 (1980); Erie Resistor Corp. v. Unemployment Compensation Bd. of