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Home » 2014 Issues » Vol. 61, No. 45 (10/31/2014) » 5162163 Public Service Commission - Notice Of Final Rulemaking - Formal Case No. 945, In The Matter Of The Investigation Into Electric Services Market Competition And Regulatory Practices

  5162163 Public Service Commission - Notice Of Final Rulemaking - Formal Case No. 945, In The Matter Of The Investigation Into Electric Services Market Competition And Regulatory Practices  

  • PUBLIC SERVICE COMMISSION OF THE DISTRICT OF COLUMBIA

     

    NOTICE OF FINAL RULEMAKING

    FORMAL CASE NO. 945, IN THE MATTER OF THE INVESTIGATION INTO ELECTRIC SERVICES MARKET COMPETITION AND REGULATORY PRACTICES

     

                1.         The Public Service Commission of the District of Columbia (“Commission”) hereby gives notice, pursuant to Sections 34-802 and 2-505 of the District of Columbia Code,[1] of its final rulemaking action adopting amendments to Chapter 29, “Renewable Energy Portfolio Standard,” of Title 15 (Public Utilities and Cable Television) of the District of Columbia Municipal Regulations, effective upon the publication of this Notice of Final Rulemaking (“NOFR”) in the D.C. Register.  On June 27, 2014, the Commission issued a Notice of Proposed Rulemaking (“NOPR”) which was published in the D.C. Register, giving notice of the Commission’s intent to adopt the amendments described above in no less than 30 days.[2]  Comments and reply comments on the NOPR were due 30 and 45 days, respectively, from June 27, 2014.  On July 28, 2014, the Commission received comments from the Potomac Electric Power Company (“Pepco”)[3] and the Retail Energy Supply Association (“RESA”).[4]  No reply comments were filed.

     

                2.         As indicated in the NOPR, the proposed amendments modify Section 2901 (“RPS Compliance Requirements”) of Chapter 29 of the Commission’s rules.  The purpose of the amendments was to change the deadlines for submission of electricity suppliers’ annual Renewable Energy Portfolio Standard compliance reports and for submission of suppliers’ compliance fees from May 1 to March 1.  After fully considering the comments filed by Pepco and RESA, the Commission has made the determination that the deadlines for submission of electricity suppliers’ annual Renewable Energy Portfolio Standard compliance reports and their compliance fees should be moved from May 1 to April 1 in order to provide suppliers with additional time to determine their load and subsequent RPS obligations for the compliance year.  This change also aligns the District’s RPS compliance reports and fees submission dates with Maryland’s, which is also April 1.[5]

     

    3.         Accordingly, by Order No. 17673, the Commission took final action to adopt the amendments as reflected in this NOFR.  The following rules will become effective upon publication of this NOFR in the D.C. Register.

     

                4.         Subsection 2901.7 is amended to read as follows: 

    2901.7            Each Electricity Supplier's annual compliance report shall be submitted to the Commission by April 1 of the calendar year following the year of compliance.  After notification of a decision of non-compliance by the Commission, a supplier shall, within ten (10) days, submit the appropriate payment, take the actions necessary to come into compliance, or file its response contesting the decision.

    5.         Subsection 2901.9 is amended to read as follows:

    2901.9            Any Electricity Supplier that fails to meet its Renewable Energy Portfolio Standard requirements shall submit the required annual Compliance Fee to the District of Columbia Renewable Energy Development Fund administered by the District of Columbia Department of the Environment's Energy Office (DDOE or Energy Office) by April 1 of the calendar year following the year of compliance.


    [1]               D.C. Official Code § 34-802 (2012 Repl.); D.C. Official Code § 2-505 (2012 Repl.).

     

    [2]               61 DCR 8154 (June 27, 2014).

     

    [3]               Formal Case No. 945, In the Matter of the Investigation into Electric Services Market Competition and Regulatory Practices, Comments of Potomac Electric Power Company in Response to Notice of Proposed Rulemaking, filed July 28, 2014 (“Pepco’s Comments”).

     

    [4]               Formal Case No. 945, In the Matter of the Investigation into Electric Services Market Competition and Regulatory Practices, Comments Regarding the Notice of Proposed Rulemaking of the Retail Energy Supply Association, filed July 28, 2014 (“RESA’s Comments”).

     

    [5]               See COMAR 20.61.04.02.

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15-2901