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D.C. Municipal Regulations (Last Updated: September 13, 2017) |
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Title 15. PUBLIC UTILITIES AND CABLE TELEVISION |
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Chapter 15-39. AFFILIATE TRANSACTIONS CODE OF CONDUCT |
Section 15-3999. DEFINITIONS
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3999.1For the purposes of this chapter:
“Affiliate” means a person who directly or indirectly, or through one or more intermediaries, controls, is controlled by, or is under common control with, or has directly or indirectly, any economic interest in another person.
“Annual Log” means a log maintained by an energy utility to track information regarding a request for service from an energy supplier. The annual log shall include the following: (1) name of the supplier requesting service; (2) description of the type of service being requested; (3) date of request; (4) status of request (5) date of completion of the requested service; (6) energy utility's affiliation with the energy supplier; and (7) contact information for supplier requesting service.
“Asset” means tangible and intangible property of an energy utility included in its rate base.
“Asymmetric pricing” means pricing, including, but not limited to, energy utility assets, services and things of value transferred to an affiliate recorded on the utility’s books at the greater of book value or market value, with pricing of the same items transferred from the affiliate to the energy utility recorded on the utility’s books at the lesser of book cost or market value.
“CAM” or “Cost Allocation Manual” means the manual that explains how the energy utility will allocate and account for shared services between the regulated utility and its affiliates.
“Core service” means a retail gas or electric energy service, including the sale and delivery of electricity or natural gas, provided to the public in the District of Columbia.
“Core service affiliate” means an affiliate that provides retail gas or electric energy service, including the sale and delivery of electricity or natural gas, to the public in the District of Columbia.
“Customer” means a purchaser of natural gas or electricity for end use in the District of Columbia. The term excludes an occupant of a building where the owner, lessee, or manager manages the internal distribution system serving the building and supplies natural gas solely to occupants of the building for use by the occupants.
“Emergency” means any of the following, or similar, situations which require any action contrary to this Code of Conduct: (a) a natural disaster, including but not limited to a hurricane, tornado, snow storm, earthquake, flood, or land slide that impacts utility service; or (b) any national or District of Columbia declared state of emergency or condition resulting in federal, or District government closing its respective offices; or (c) an abnormal system condition requiring manual or automatic action to maintain system frequency, or to prevent loss of firm load, equipment damage, disconnection of system elements that could adversely affect utility service or the reliability of the utility’s electric system or natural gas system or the safety of persons or property; or (d) acts of others such as riots, sabotage, acts of terrorism, insurrections, nationalization or wars, which adversely affect utility service or the reliability of the utility’s electric system or natural gas system.
“Energy supplier” means a licensed person including an aggregator, broker, or marketer, who generates energy (natural gas or electricity); sells energy (natural gas or electricity); or purchases, brokers, arranges or markets energy (natural gas or electricity) for sale to customers in the District of Columbia. The term excludes the following: (A) building owners, lessees, or managers who manage the internal distribution system serving such building and who supply energy (natural gas or electricity) solely to the occupants of the building for use by occupants; (B) (I) any person who purchases (natural gas or electricity) for its own use or its subsidiaries or affiliates; or (II) any apartment building or office building manager who aggregates energy (natural gas or electricity) service requirements for his or her buildings, and who does not: (a) take title to the energy (natural gas or electricity); (b) market energy (natural gas or electricity) services to the individually-metered tenants for his or her building; or (c) engage in the resale of energy (natural gas or electricity) services to others; (C) property owners who supply small amounts of power, at cost, as an accommodation to lessors or licensees of the property; and (D) a consolidator.
“Energy utility” means a natural gas corporation or electric company under the jurisdiction of the Commission whose rates, charges, terms and conditions, and the quality of services it provides to customers are regulated by the Commission.
“Limited Engagement Review” means an independent accountant’s examination of books and records to determine compliance with all of the sections of this Code of Conduct.
“Non-core service” means any service or activity that is not a retail gas or electric energy service, including the sale and delivery of electricity or natural gas, provided to the public in the District of Columbia.
“Non-core service affiliate” means an affiliate that does not provide any service or activity that is a retail gas or electric energy service, including the sale and delivery of electricity or natural gas to the public in the District of Columbia.
“Person” means every individual, corporation, company, association, joint-stock company, firm, partnership, or other entity.
“Standard offer service” means electricity supply made available to: (1) customers who contract for electricity with an electricity supplier, but who fail to receive delivery of electricity under such contracts; (2) customers who cannot arrange to purchase electricity from an electricity supplier; and (3) customers who do not choose an electricity supplier.