Section 15-1501. FILING REQUIREMENTS FOR AN APPLICATION FOR A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY

 

1501.1Applications for a Certificate shall be submitted in writing and on forms prescribed by the Commission.

 

1501.2Commission certification shall be obtained before the services enumerated in §1506.2 may be offered in the District of Columbia. Commission approval shall be obtained before any sale or transfer of effective control by means of sale, transfer, assignment or other disposition of ten percent (10%) or more of the stock or voting rights in a public utility holding a certificate of public convenience and necessity. This subsection is inapplicable for those utilities exempted by § 1509.1.

 

1501.3Each applicant shall be required to address the following matters, in a substantial manner and with particularity, consistent with the scope of the authorization sought:

 

(a)Demonstrate that the applicant's entry into the requested service field is responsive to public need and demand;

 

(b)Demonstrate the technical feasibility of the proposed system and the technical competence of the applicant;

 

(c)Describe the proposed service including terms, conditions, area of coverage, quality, and features of service, and differences from any service presently provided in the proposed service area;

 

(d)Demonstrate the financial responsibility of the applicant; and

 

(e)Demonstrate the economic feasibility of the proposed service in the market to be served.

 

1501.4Unless otherwise specified by the Commission, to be deemed complete, all application submissions shall include, either in the application itself or in exhibits, the following data:

 

(a)The name, address and telephone number of the public utility filing the application;

 

(b)The name of the individual authorized to respond to questions by the Commission or its staff regarding the application;

 

(c)The service field in which the applicant wishes to operate as well as a full description of the proposed service and the manner in which the same will be provided or constructed;

 

(d)The names and addresses of all utilities, corporations, persons or other entities, whether publicly or privately operated, with which the proposed service is likely to compete, and of the jurisdictions within which service will be rendered;

 

(e)A map of suitable scale showing the location or route of any proposed facility, and its relation to other public utilities, corporations, persons or entities with which the same is likely to compete;

 

(f)Facts showing that the public convenience and necessity requires, or will require, the proposed service;

 

(g)A statement detailing the estimated annual costs, both fixed and operating, associated with the facility or service contemplated by the applicant;

 

(h)Statements or exhibits showing the financial ability of the applicant to render the proposed service together with information regarding the manner in which the applicant proposes to finance the cost of the proposed construction or extension;

 

(i)A statement of the proposed rates to be charged for service or as a result

of construction of the facility; and

 

(j)Projections of estimated demand and revenues for each of the first five (5) years of service contemplated by the applicant.

 

1501.5An application submission shall also specify both the time and a timetable that the applicant will require to make the proposed service available.

 

1501.6The applicant shall provide any other information the Commission shall indicate will be required to evaluate the application, within fifteen (15) working days of the Commission's request. The information shall be served on the Office of the People's Counsel and all other parties of record.

 

1501.7In addition to the copies required to be filed with the Commission pursuant to §100.11 of this title, an applicant shall be required to forward one (1) complete copy of the application submission to the Office of the People's Counsel.

 

1501.8Each applicant shall be responsible for the continuing accuracy and completeness of information furnished in a pending application or in Commission proceedings involving a pending application.

 

1501.9Whenever the information furnished in the pending application is no longer substantially accurate and complete in all significant respects, the applicant shall amend the application so as to furnish additional or corrected information within twenty (20) days after the applicant becomes aware of the change, unless good cause is shown, and shall serve the parties of record.

 

1501.10Whenever there has been a substantial change as to any other matter which may be of decisional significance in a Commission proceeding involving the pending application, the applicant shall submit a statement furnishing such additional or corrected information within twenty (20) days after the applicant becomes aware of the change, unless good cause is shown, and shall serve the parties of record.

 

1501.11If the matter is before any court for review, statements and amendments shall also be served upon the Commission's General Counsel.

 

1501.12For the purposes of this section, an application is "pending" before the Commission from the time it is accepted for filing by the Commission until a Commission grant or denial of the application is no longer subject to reconsideration by the Commission or to review by any court.

 

source

Final Rulemaking published at 38 DCR 16, 17 (January 4, 1991).