5835246 Public Service Commission - Notice of Final Rulemaking - RM13-2015-01, In the Matter of the Commission’s Investigation into the Rules Governing Local Exchange Carrier Quality of Service Standards for the District
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PUBLIC SERVICE COMMISSION OF THE DISTRICT OF COLUMBIA
NOTICE OF FINAL RULEMAKING
RM13-2015-01, IN THE MATTER OF THE COMMISSION’S INVESTIGATION INTO THE RULES GOVERNING LOCAL EXCHANGE CARRIER QUALITY OF SERVICE STANDARDS FOR THE DISTRICT
1. The Public Service Commission of the District of Columbia (“Commission”) hereby gives notice pursuant to Sections 34-802, 2-505, and 34-912(b) of the District of Columbia Official Code[1] of its approval of amendments to Chapter 13 (Rules Implementing the Public Utilities Reimbursement Fee Act of 1980) of Title 15 (Public Utilities and Cable Television) of the District of Columbia Municipal Regulations (“DCMR”), in Order No. 18087, issued January 20, 2016. These amendments are effective as of the publication of this Notice of Final Rulemaking in the D.C. Register. The full text of the amendments is published below.
CHAPTER 13, RULES IMPLEMENTING THE PUBLIC UTILITIES REIMBURSEMENT FEE ACT OF 1980, of Title 15 DCMR, PUBLIC UTILITIES AND CABLE TELEVISION, is amended as follows:
1301 DETERMINATION OF REIMBURSEMENTS
1301.2 By March 15th of each year the Commission shall send to each utility, competitive electric supplier, competitive natural gas supplier, and CLEC an Annual Survey and Affidavit for assessment purposes. Each utility, competitive electric supplier, competitive natural gas supplier, and CLEC shall file its responses to the Annual Survey with the Commission by April 15th. Each response shall include a report of the responder’s gross jurisdictional revenues for the proceeding calendar year ending December 31st.
1301.3 Failure to respond to the Commission issued Annual Survey by April 15th shall result in a penalty of $100.00 per day for each day that the filing is late.
1303 PAYMENT OF REIMBURSEMENTS
1303.1 By June 1st of each year, the Commission shall send each public utility, competitive electric supplier, competitive natural gas supplier, and CLEC separate Notices of Proposed Assessment for the Commission and the Office of the People’s Counsel. The Notices of Proposed Assessment shall contain the proposed assessment due from each public utility, competitive electric supplier, competitive natural gas supplier, and CLEC for the Commission and for the Office of the People’s Counsel. The Notices of Proposed Assessment shall indicate a specific time period for objections to the assessments contained in the Notices of Proposed Assessment to be filed with the Commission.
1303.2 If a public utility, competitive electric supplier, competitive natural gas supplier, or CLEC for the Commission and for the Office of the People’s Counsel believes that the Proposed Assessment is incorrect, it may file a Notice of Objection with supporting documentation with the Commission before the objection period specified in the Notices of Proposed Assessment has expired. The Commission will not consider Notices of Objection that are not timely filed.
1303.3 Once the objection period specified in the Notices of Proposed Assessment has expired and, if no objections have been filed, the Commission shall send each public utility, competitive electric supplier, competitive natural gas supplier, and CLEC separate Orders of Assessment for the Commission and the Office of the People’s Counsel no later than August 31st of each year.
1303.4 If a timely Notice of Objection is filed, the Commission shall review and decide on the objection on or before July 15th. If an objection is determined to be valid, the Commission may, if necessary, send revised Notices of Proposed Assessment to each public utility, competitive electric supplier, competitive natural gas supplier, and CLEC and allow an additional abbreviated comment period for Notices of Objection to the revised Notices of Proposed Assessment. If no further objections are filed by the closed on the comment period, the Commission shall send each public utility, competitive electric supplier, competitive natural gas supplier, and CLEC separate Orders of Assessment for the Commission and the Office of the People’s Counsel no later than August 31st of each year.
1303.5 The amounts set out in the Orders of Assessment shall be paid in full to the Treasurer of the District of Columbia within thirty (30) days of the date of the Order of Assessment.
1303.6 Failure to pay the assessments in full within thirty (30) days of the Orders of Assessment shall result in a penalty of ten percent (10%) of the assessment due but not to exceed one hundred dollars ($100.00) per day for each day that the assessment is late. Failure to pay the assessments and the penalty due, if any, in full may also result in a suspension or revocation of the license of the public utility, competitive electric supplier, competitive natural gas supplier, or CLEC.
1303.7 In the event the Commission determines that a penalty may be appropriate pursuant to § 1303.6, the Commission shall provide a Notice of any penalty that it intends to impose for non-payment to the public utility, competitive electric supplier, competitive natural gas supplier, or CLEC and shall give the recipients of the notice an opportunity for a hearing pursuant to D.C. Official Code §§ 34-706(c), 34-1508(a), 34-1671.11(a), or 34-2002(h-1) and 15 DCMR § 1301.6.
1306 REFUNDS OR CREDITS
1306.1 If total obligations of the Commission or the Office of the People’s Counsel are less than ninety-five percent (95%) of total appropriations for the Commission or the Office of the People’s Counsel as determined by the Office of the Chief Financial Officer in the annual audit released in the month of February of each year, the Commission or the Office of the People’s Counsel shall cause the difference to be refunded or credited against the next year’s assessment to the public utilities, competitive electric suppliers, competitive natural gas suppliers, and CLECs according to the formula under § 1301, within one hundred fifty (150) days following the end of the fiscal year. The decision to refund or credit the difference shall be at the Commission’s discretion.
1399 DEFINITIONS
Gross jurisdictional revenue - gross revenues derived from operations regulated by the Commission in the District of Columbia.
[1] D.C. Official Code § 34-802 (2012 Repl.); D.C. Official Code § 2-505 (2012 Repl.) and D.C. Official Code § 34-912(b) (2015 Supp.).
