Section 15-2003. DETERMINATION OF AGENCY FUND REQUIREMENTS

 

2003.1Whenever the People's Counsel receives a recommended determination and proposed order from the Agency Administrator, the People's Counsel shall determine the reasonable and necessary expenditures of the Office based on the official record by approving or modifying the recommended determination or shall remand the recommended determination and record to the Agency Administrator with specific instructions.

 

2003.2In determining the reasonable and necessary expenditures of the Office, the People's Counsel shall do the following:

 

(a)Indicate the basis for the determination reached;

 

(b)Make specific findings as to any unresolved opposition filed by an affected utility; and

 

(c)Indicate the basis in the official record for the findings.

 

2003.3Any determination of Agency Fund Requirements shall be submitted in writing, and shall set forth the following:

 

(a)The reasonable and necessary expenditures of the Office requiring the issuance of a Commission order directing a deposit into the Agency Fund;

 

(b)Be supported by substantial evidence in the official record; and

 

(c)Be entitled a Notice of Agency Fund Requirements as defined in §1401.1.

 

2003.4Whenever the People's Counsel issues a Notice of Agency Fund Requirements, he or she shall submit it with the proposed order as an official record to the Commission for issuance of an order, and on the same date, hand-deliver to the affected utility a copy of the determination, the proposed order, and an index of the official record.

 

2003.5A Notice of Agency Fund Requirements and proposed order shall be submitted to the Commission prior to the expiration of the period for filing an appeal or petition for reconsideration of a final order or decision in the proceeding.

 

source

Final Rulemaking published at 32 DCR 5619 (October 4, 1985).