District of Columbia Administrative Code

141 RECONSIDERATION OF ORDERS ISSUED PURSUANT TO TITLE III OF THE ELECTRIC COMPANY INFRASTRUCTURE IMPROVEMENT FINANCING ACT OF 2014 141.1 Any party affected by any final order or decision issued pursuant to Title III of the “Electric Company Infrastructure Improvement Financing A…

144 DECLARATORY ORDERS 144.1 Upon written petition of any interested person, the Commission, within its discretion, may issue a declaratory order regarding the applicability of any rule, regulation, or statute enforceable by it, to terminate a controversy (other than a contested …

145 ADVISORY OPINIONS 145.1 Any employee of the Commission or person may apply to the Office of General Counsel for an advisory opinion as to the interpretation or applicability of any Commission rule or action. Advisory opinions requested in writing or rendered in writing by the…

146 WAIVER 146.1 The Commission may upon request, or on its own initiative after notice to the parties of its intention do so, waive any provision of this chapter for good cause. SOURCE: Final Rulemaking published at 28 DCR 2984 (July 3, 1981); as amended by Final Rulemaking publ…

147 FILING REQUIREMENTS 147.1 All entities filing one of the applications listed below must include with their application a draft Order approving the application. This draft Order must be filed electronically in the format approved by the Commission. The following applications a…

150 CONFIDENTIAL OR PROPRIETARY INFORMATION 150.1 Any materials submitted by a party which it claims are confidential or proprietary shall be filed under seal and shall not be used except in connection with the proceeding in which the material is filed. 150.2 All submissions file…

151 CRITICAL INFRASTRUCTURE INFORMATION 151.1 If a party or an intervenor makes a request for information from a public utility company (“Company”) during the course of a Commission investigation or proceeding and the Company objects to the production of the requested information…

160 CIVIL FORFEITURE PROCEDURES 160.1 Upon information of any person, or on its own motion, the Commission may investigate and find subject to forfeiture penalties any person or public utility found to have: (a) Violated or failed to comply with any rule, order, or regulation iss…

199 DEFINITIONS 199.1 When used in this chapter, the following terms and phrases shall have the meaning ascribed: Applicant - a person who files an application for any action by the Commission. Commission - the Public Service Commission of the District of Columbia. Complainant - …

1200 [REPEALED] SOURCE: Final Rulemaking published at 28 DCR 2443 (May 29, 1981), incorporating text of Proposed Rulemaking published at 28 DCR 1834, 1835 (April 24, 1981); as amended by Final Rulemaking published at 62 DCR 2564 (February 27, 2015). District of Columbia Municipal…

1201 [REPEALED] SOURCE: Final Rulemaking published at 28 DCR 2443 (May 29, 1981), incorporating text of Proposed Rulemaking published at 28 DCR 1834, 1835 (April 24, 1981); as amended by Final Rulemaking published at 62 DCR 2564 (February 27, 2015). District of Columbia Municipal…

1202 [REPEALED] SOURCE: Final Rulemaking published at 28 DCR 2443 (May 29, 1981), incorporating text of Proposed Rulemaking published at 28 DCR 1834, 1835 (April 24, 1981); as amended by Final Rulemaking published at 62 DCR 2564 (February 27, 2015). District of Columbia Municipal…

1203 [REPEALED] SOURCE: Final Rulemaking published at 28 DCR 2443 (May 29, 1981), incorporating text of Proposed Rulemaking published at 28 DCR 1834, 1835 (April 24, 1981); as amended by Final Rulemaking published at 62 DCR 2564 (February 27, 2015). District of Columbia Municipal…

1300 REIMBURSABLE BUDGET 1300.1 Prior to October 1st of each fiscal year, the Commission and the Office of the People's Counsel shall obtain from the Office of the Deputy Mayor for Financial Management, a certified written statement of the amounts of appropriations requested by t…

1301 DETERMINATION OF REIMBURSEMENTS 1301.1 Each public utility, competitive electric supplier, competitive natural gas supplier, and competitive local exchange carrier (“CLEC”) shall be assessed according to D.C. Official Code § 34-912(b) (2016 Supp.) for the reimbursable budget…

1302 PUBLIC NOTICE OF REIMBURSEMENTS 1302.1 Not later than thirty (30) days following the start of each fiscal year, the Commission shall publish the following information in the District of Columbia Register: (a) The net reimbursable budgets for the Commission and the Office of …

1303 PAYMENT OF REIMBURSEMENTS 1303.1 By June 1st of each year, the Commission shall send each public utility, competitive electric supplier, competitive natural gas supplier, and CLEC separate Notices of Proposed Assessment for the Commission and the Office of the People’s Couns…

1304 SUPPLEMENTAL REIMBURSEMENTS 1304.1 Pursuant to the formula in § 1301, each public utility, competitive electric supplier, competitive natural gas supplier, and CLEC shall be required to reimburse: (a) A fraction of any supplemental appropriation received by the Office of the…

1306 REFUNDS OR CREDITS 1306.1 If total obligations of the Commission or the Office of the People’s Counsel are less than ninety-five percent (95%) of total appropriations for the Commission or the Office of the People’s Counsel as determined by the Office of the Chief Financial …

1307 WAIVER 1307.1 The Commission may upon request, or on its own initiative after notice to the parties of its intention do so, waive any provision of this chapter for good cause. SOURCE: Final Rulemaking published at 29 DCR 3245, 3247 (July 30, 1982); as amended by Final Rulema…

1308 MISCELLANEOUS PROVISIONS 1308.1 Nothing contained in this chapter shall limit or alter the Commission's authority under D.C. Official Code § 34-912(a) (2010 Repl. & 2011 Supp.) to require reimbursement of the expenses, including the expenses of the Office of the People's Cou…

1399 DEFINITIONS 1399.1 When used in this chapter, the following terms and phrases shall have the meaning ascribed: “Behind-the-meter generator” – an on-site generator that is located behind a retail customer’s meter such that no Electric Company-owned transmission or distributio…

1400 PURPOSE 1400.1 The purpose of this chapter is to promote procedural efficiency by establishing a set of procedural and substantive rules for governing the issuance of special franchise tax deposit orders in accordance with the requirements of D.C. Code §43-612(a)(5), (1981 E…

1401 COMMISSION DETERMINATIONS OF AGENCY FUND REQUIREMENTS 1401.1 When any proceeding is initiated by the Commission, or any member, the Commission, or member, shall, prior to the issuance of any special franchise tax deposit order for that proceeding, issue a Notice of Agency Fu…

1402 TIME FOR ISSUING NOTICE 1402.1 A Notice of Agency Fund Requirements may be issued by the Commission at any time. 1402.2 Any Notice of Agency Fund Requirements, once issued, shall be placed in the official docket of the Commission, and served on the affected utility, the Offi…

1403 OPPOSITION TO COMMISSION DETERMINATIONS OF AGENCY FUND REQUIREMENTS AND THE ISSUANCE OF SPECIAL FRANCHISE TAX DEPOSIT ORDERS 1403.1 Any opposition to a Commission Notice of Agency Fund Requirements and the subsequent issuance of a special franchise tax deposit order shall be…

1404 ISSUANCE OF A SPECIAL FRANCHISE TAX DEPOSIT ORDER ON BEHALF OF THE COMMISSION 1404.1 Within five (5) business days of the filing of any opposition, or within ten (10) business days after the issuance of a Notice of Agency Fund Requirements if no opposition is filed, the Comm…

1405 ISSUANCE OF A SPECIAL FRANCHISE TAX DEPOSIT ORDER ON BEHALF OF THE OFFICE OF PEOPLE'S COUNSEL (OPC) 1405.1 With respect to any proceeding, once OPC has determined the reasonable and necessary expenditures required by OPC to carry out its statutory responsibilities with regar…

1406 APPLICATION OF OTHER CHAPTERS 1406.1 Unless otherwise noted in this chapter, the rules and procedures of the Commission as set forth in Chapter 1 of this title shall apply to all matters arising under this chapter. SOURCE: Final Rulemaking published at 33 DCR 893, 896 (Febru…

1407 JOINT ASSESSMENTS 1407.1 In the case of a single proceeding which involves more than one (1) utility, the assessment called for by any special franchise tax deposit order shall be apportioned in accordance with the formula set forth in the Reimbursement Fee Act (D.C. Code §4…

1498 WAIVER 1498.1 The Commission may upon request, or on its own initiative after notice to the parties of its intention do so, waive any provision of this chapter for good cause. SOURCE: Final Rulemaking published at 67 DCR 11091 (September 18, 2020). District of Columbia Munic…

1499 DEFINITIONS 1499.1 When used in this chapter, the following terms and phrases shall have the meaning ascribed: Affected Utility - an affected utility is any utility regulated by the Commission which is a party to, or participates in, any proceeding. Contractor - a contractor…

1500 GENERAL PROVISIONS 1500.1 This chapter shall govern the issuance of certificates of public convenience and necessity under the Public Utilities Amendment Act of 1989. AUTHORITY: Unless otherwise noted, the authority for this chapter is Paragraph 2(B) of §8 of An Act Making a…

1501 FILING REQUIREMENTS FOR AN APPLICATION FOR A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY 1501.1 Applications for a Certificate shall be submitted in writing and on forms prescribed by the Commission. 1501.2 Commission certification shall be obtained before the services e…

1502 NOTICE OF REVIEW 1502.1 Timely written notification of the beginning of the review shall be given by the Commission to all affected persons and to any person who has asked to be placed on the Commission's notification mailing list. Except as provided for in §1502.3, all noti…

1503 SUBSTANTIAL MODIFICATION OF APPLICATION 1503.1 Substantial modification of a Certificate application requires withdrawal of the original application and submission of a new application reflecting the modifications. 1503.2 For the purposes of this section, a change of ten per…

1504 FORMAL HEARING 1504.1 After the date of notification of review, the Commission shall schedule a date on which a formal hearing regarding the application shall be held. 1504.2 A formal hearing shall be governed by §§120, 127 and 132 through 138 of Chapter 1 of this title rela…

1505 RECONSIDERATION 1505.1 Requests for reconsideration or modification of any decision of the Commission regarding an application for a Certificate shall be governed by the provisions of § 140 of this title. SOURCE: Final Rulemaking published at 38 DCR 16, 21 (January 4, 1991).…

1506 SCOPE OF CERTIFICATE 1506.1 Each Certificate issued by the Commission shall indicate in which service category the holder of the Certificate is authorized to provide utility services, and any attached limitations or conditions. 1506.2 There shall be six (6) service categorie…

1507 SALES OR TRANSFER OF EFFECTIVE CONTROL 1507.1 The sale or transfer of effective control over a public utility for which a current Certificate has been granted shall cause nullification of the Certificate, effective as of the time at which the sale or transfer occurs, unless …

1508 ENFORCEMENT AND REMEDIES FOR NONCOMPLIANCE 1508.1 Only those services and facilities that are found by the Commission to be required for the present and future public convenience and necessity shall be issued a Certificate. 1508.2 Public utilities shall not furnish service o…

1509 EXEMPTIONS 1509.1 Any public utility that provided services or facilities and was regulated by the Commission prior to June 27, 1989, the effective date of the Emergency Act, shall be deemed to have been granted a Certificate allowing it to provide facilities or services in …

1598 WAIVER 1598.1 The Commission may upon request, or on its own initiative after notice to the parties of its intention do so, waive any provision of this chapter for good cause. SOURCE: Final Rulemaking published at 67 DCR 11091 (September 18, 2020). District of Columbia Munic…

1599 DEFINITIONS 1599.1 When used in this chapter, the following terms and phrases shall have the meaning ascribed. Act - the Public Utilities Amendment Act of 1989, D.C. Law 8-47, D.C. Code §43-501 (1990 Repl. Vol.). Certificate - a certificate of public convenience and necessit…

1600 PURPOSE 1600.1 This chapter shall implement the Commission’s regulatory authority over access to a public utility’s Facilities by another public utility or by any person, firm, copartnership, association, or corporation interested in the use of a public utility’s Facilities.…

1601 APPLICATIONS 1601.1 Private negotiation of agreements regarding the use of a public utility’s Facilities by another public utility or by any person, firm, copartnership, association, or corporation interested in the use of a public utility’s Facilities is encouraged by the C…