5955914 Public Service Commission - Notice Of Proposed Rulemaking - RM13-2016-01, In The Matter Of The Commission’s Investigation Into The Rules Governing Local Exchange Carrier Quality Of Service Standards For The District

PUBLIC SERVICE COMMISSION OF THE DISTRICT OF COLUMBIA

 

NOTICE OF PROPOSED RULEMAKING

 

RM13-2016-01, 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 Code[1] of its intent to amend 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 not less than thirty (30) days from the date of publication of this Notice of Proposed Rulemaking (“NOPR”) in the D.C. Register.

 

            2.         The proposed amendments to Chapter 13 create an exemption from assessment for those alternative providers that would be assessed less than twelve dollars a year. The amendments also replace the term “gross revenue” with “gross jurisdictional revenue” and the term “utility” with “public utility” to make the terminology used in the chapter consistent.

 

1301                            DETERMINATION OF REIMBURSEMENTS

 

1301.1             Each public utility, competitive electric supplier, competitive natural gas supplier, and competitive local exchange carrier (“CLEC”) shall be assessed according to D.C. Official Code § 34-912(b) (2015 Supp.) for the reimbursable budgets of the Commission and the Office of the People’s Counsel in the following manner:

               

(a)        For CLECs, competitive electric suppliers, and competitive natural gas suppliers (collectively “alternative providers”), the assessments shall be equal to the ratio of the alternative provider’s calendar year gross jurisdictional revenues to the sum of the calendar year gross jurisdictional revenues of all public utilities and all alternative providers times the budgets of the Commission and the Office of the People’s Counsel; or

 

(b)        For public utilities, the assessment shall be the public utility’s proportionate share of the calendar year gross jurisdictional revenues of all public utilities times the budgets of the Commission and the Office of the People’s Counsel less the amount to be reimbursed by the alternative providers in paragraph (a).

 

(c)        If an alternative provider’s assessment is less than or equals twelve dollars ($12), then the Commission may waive the payment of this assessment.

 

1301.2             By March 15th of each year the Commission shall send to each public utility, competitive electric supplier, competitive natural gas supplier, and CLEC an Annual Survey and Affidavit for assessment purposes. Each public 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.

 

1302                            PUBLIC NOTICE OF REIMBURSEMENTS

 

1302.1             Not later than 30 days following the start of each fiscal year, the Commission shall publish the following information in the District of Columbia Register:

 

(a)        The net reimbursable budgets for the Commission and the Office of the People’s Counsel for that fiscal year; and

 

(b)        The total of the gross jurisdictional revenues of each public utility, competitive electric supplier, competitive natural gas supplier, and CLEC for the preceding calendar year.

 

3.         Any person interested in commenting on the subject matter of this proposed rulemaking must submit comments and reply comments in writing no later than thirty (30) days and forty-five (45) days, respectively, from the date of publication of this Notice in the D.C. Register.  Comments and reply comments are to be addressed to Brinda Westbrook-Sedgwick, Commission Secretary, Public Service Commission of the District of Columbia, 1325 G Street, N.W., Suite 800, Washington D.C., 20005.  After the comment period expires, the Commission will take final rulemaking action.

 

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[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) (2012 Repl. & 2015 Supp.).