Section 15-299. DEFINITIONS

 

299.1The meanings ascribed to the definitions appearing in §199 of this title shall apply to the terms of this chapter.

 

299.2When used in this chapter, the following terms and phrases shall have the meaning ascribed.

 

Attrition - growth in plant investment, operating expenses, senior capital costs, or a combination of these costs, which is more rapid than the relative growth in the utility's revenues, and which results in a shortfall in the utility's rate of return or investment, rate of return on equity, or both.

 

Discrimination Expenses - those expenses that are associated with discriminatory employment or procurement practices. Discrimination expenses arise from, relate to, and result from employment or procurement discrimination cases wherein a plaintiff or complaining party alleges that a utility subject to the regulatory authority of the Commission has engaged in discriminatory employment or procurement practices. Discrimination expenses include, but are not limited to, the following:

 

(a)Fines or penalties imposed by judicial or administrative decrees;

 

(b)Plaintiff’s or complaining party's legal fees paid by a defendant or responding party;

 

(c)All legal costs and fees related to the unsuccessful defense of charges of discriminatory employment or procurement practices;

 

(d)Awards to plaintiffs or complaining parties in discriminatory employment or procurement proceedings;

 

(e)Duplicate labor costs such as back pay or bonus or other pay awards to plaintiffs or complaining parties where the utility has paid other employees; or

 

(f)Cost of reporting, training, and recruiting undertaken as a result of a court order, administrative decree, or settlement that are in addition to those which otherwise would be incurred to assure continuing equal employment opportunity.

 

Historical Test Year - the actual historical twelve (12) month period chosen by the utility which ends prior to the filing of application for a rate change for which financial and operating data is required pursuant to §§200 et seq., but which does not end more than one hundred and eighty (180) days prior to the filing of that application.

 

Proposed Test Year - the twelve (12) month period chosen by the utility as the basis for its proposed rates.

 

source

Final Rulemaking published at 34 DCR 1155, 1178 (February 13, 1987); as amended by Final Rulemaking published at 34 DCR 2941 (May 8, 1987).