Title 34 — Public Utilities.

For the purposes of this chapter, the term: (a)(1) “Ancillary agreement” means any bond insurance policy, letter of credit, reserve account, surety bond, swap arrangement, hedging arrangement, liquidity or credit support arrangement, or other similar arrangement designed to promo…

The Council finds that: (1) Global climate change has increased the frequency and severity of destructive weather patterns. Accordingly, electric power distribution service in the District of Columbia is vulnerable to equipment failures on the overhead electric distribution syste…

(a)(1) There is established as a special nonlapsing fund, separate and apart from the General Fund, the DDOT Underground Electric Company Infrastructure Improvement Fund (“Fund”). The funds deposited in the Fund, and any interest earned on those funds, shall not revert to the unr…

(a) The Council approves and authorizes the issuance of one or more series of Bonds in a total principal amount not to exceed $375 million. The Bonds, which may be issued at any time and from time to time during the 10-year period immediately following May 3, 2014, in one or more…

(a) Except as may be otherwise specifically provided in this chapter, debt service on the Bonds shall be payable solely from proceeds received from the sale of the Bonds, income realized from the temporary investment of those proceeds, DDOT Underground Electric Company Infrastruc…

(a) The Mayor is authorized to take any action reasonably necessary or appropriate in accordance with this chapter in connection with the preparation, execution, issuance, sale, delivery, security for, and payment of the Bonds of each series, including, but not limited to, determ…

(a) The Bonds of any series may be sold at negotiated or competitive sale at, above, or below par, to one or more persons or entities, and upon terms that the Mayor considers to be in the best interest of the District. (b) The Mayor may execute offering documents in connection wi…

(a) The Mayor is authorized to prescribe the final form and content of all financing documents and all closing documents that may be necessary or appropriate to issue, sell, and deliver the Bonds. (b) The Mayor is authorized to execute the financing documents and any closing docu…

(a) The Bonds shall not constitute an indebtedness of the District. The Bonds are not general obligations of the District and are not secured by a pledge of or involve the faith and credit or the taxing power of the District. The Bonds are the special limited obligations of the D…

The Bonds shall be legal instruments in which public officers and public bodies of the District, insurance companies, insurance company associations, and other persons carrying on an insurance business, banks, bankers, banking institutions, including savings and loan associations…

(a) Upon the effective date of the pertinent financing order, the DDOT Underground Electric Company Infrastructure Improvement Property created by the financing order shall constitute an existing, present property right of the District. The District’s property right in the DDOT U…

The District’s property ownership interest in the DDOT Underground Electric Company Infrastructure Property shall be effective and perfected against all third parties and shall not be affected or impaired by, among other things, the occurrence of any one or more of the following:…

The imposition, collection, and receipt of DDOT Underground Electric Company Infrastructure Improvement Charges shall not be subject to taxation by the District.

The Bonds shall not constitute an indebtedness of the electric company.

(a) The Commission is authorized to issue financing orders upon application by the electric company. All financing orders, among their other provisions, shall: (1) Specify the maximum amount of Bonds that are authorized for issuance, the amount not to exceed the limitations set f…

(a) Within 60 days from May 3, 2014, the District shall provide the electric company with estimates of the DDOT Underground Electric Company Infrastructure Improvement Annual Revenue Requirements that will enable the District to pay the debt service and other financing costs asso…

(a)(1) The Commission shall publish notice to the public of the application before deciding upon an application for a financing order and provide for a period of no less than 14 days for public comment and filing of motions to intervene. The electric company shall provide notice …

A financing order is irrevocable and the Commission may not reduce, impair, or terminate the DDOT Underground Electric Company Infrastructure Improvement Property approved in the financing order or impair the collection or recovery of the DDOT Underground Electric Company Infrast…

(a) A financing order shall remain in effect until the Bonds have been paid in full and all financing costs relating to the Bonds have been paid in full. (b) A financing order shall remain in effect and unabated notwithstanding the bankruptcy, reorganization, or insolvency of the…

If the Commission issues a financing order, the Commission, in the exercise of its powers and carrying out its duties, may not thereafter consider: (1) The Bonds described in the financing order to be the debt of the electric company; (2) The DDOT Underground Electric Company Inf…

(a) Within 45 days of May 3, 2014, and no later than September 30, 2016, September 30, 2019, and September 30, 2022, the electric company and DDOT shall jointly file with the Commission and concurrently serve upon the OPC an application for approval of their triennial Underground…

(a) An application to the Commission by the electric company and DDOT for approval of the triennial Underground Infrastructure Improvement Projects Plan shall include: (1) The ranking reliability performance of individual feeders as follows: (A) A measurement and ranking of the r…

(a)(1) Before deciding upon an application for an order approving the triennial Underground Infrastructure Improvement Projects Plan, the Commission shall first publish notice to the public of the application and provide for a period of no less than 60 days for public comment and…

(a) Upon making the findings described in subsection (b) of this section, the Commission shall issue an order approving or denying the application and triennial Underground Infrastructure Improvement Projects Plan to authorize the proposed DDOT Underground Electric Company Infras…

(a) Upon completion of construction by DDOT and acceptance by the electric company, the District shall transfer legal title to the DDOT Underground Electric Company Infrastructure Improvements to the electric company for the sum of one dollar. (b) DDOT Underground Electric Compan…

An application to the Commission by the electric company or DDOT to amend an existing Underground Infrastructure Improvement Projects Plan, approved by the Commission pursuant to § 34-1313.10, shall describe the purpose to be accomplished by the proposed amendment, the financial …

An application to amend an existing Commission order authorizing the electric company to impose and collect Underground Project Charges shall describe the purpose to be accomplished by the proposed amendment, the financial impacts, if any, to the electric company’s customers that…

(a) Following the issuance of a series of Bonds, the electric company, or other person as may be designated by the Commission, shall file with the Commission, no later than April 1 of each year, or more frequently as necessary and as provided in the financing order, a request for…

(a) No later than April 1 of each year following issuance of an order authorizing the imposition and collection of Underground Project Charges and for as long as such order remains in effect, the electric company shall file with the Commission an application for approval of the e…

The Commission shall expedite its consideration of applications pursuant to §§ 34-1313.12 and 34-1313.13. In proceedings to consider the applications, the Commission’s decision shall be issued no later than 120 days of the close of the period for public comment upon the applicati…

Within 120 days of May 3, 2014, the Commission shall amend its rules of practice and procedure to establish rules to expedite the reconsideration of any Commission order that will be issued to decide a matter put before it pursuant to subchapter III of this chapter.

A financing order, an order approving an Underground Infrastructure Improvement Projects Plan, an order amending an Underground Infrastructure Improvement Projects Plan, or an order approving an annual adjustment to the Underground Project Charges are each a final order of the Co…

(a)(1) By December 31, 2019, the Mayor, the Commission, the OPC, and the electric company shall issue a jointly written report to the Council that: (A) Evaluates the effectiveness of the DDOT Underground Electric Company Infrastructure Improvement Activity and the Electric Compan…

(a) The costs to be incurred by the Commission and the OPC, respectively, with respect to the implementation, administration, and enforcement of this chapter and any proceedings under this chapter shall constitute expenses that are recoverable from the Public Service Commission A…

Nothing in this chapter shall be construed to limit the Commission’s authorization under § 34-2802 to adopt rules and regulations consistent with the provisions of this chapter.

(a) A public inconvenience fee and steel plate fee shall not apply to Electric Company Infrastructure Improvement Activity or to the gas company for any natural gas infrastructure relocation required under the Underground Infrastructure Improvement Projects Plan for the first 60 …

(a) The gas company may establish a regulatory asset for the operating and capital-related costs of any gas plant relocation that is necessary for the completion of DDOT Underground Electric Company Infrastructure Improvement Activity incurred by the gas company between base rate…

Repealed Repealed.