230780 ET00-2, IN THE MATTER OF POTOMAC ELECTRIC POWER COMPANY’S PUBLIC SPACE OCCUPANCY SURCHARGE ELECTRICITY TARIFF, P.S.C.-D.C. No. 1
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PUBLIC SERVICE COMMISSION OF THE DISTRICT OF COLUMBIA
NOTICE OF FINAL RULEMAKING
ET00-2, IN THE MATTER OF POTOMAC ELECTRIC POWER COMPANY’S PUBLIC SPACE OCCUPANCY SURCHARGE ELECTRICITY TARIFF, P.S.C.-D.C. No. 1
1. The Public Service Commission of the District of Columbia (“Commission”) hereby gives notice, pursuant to Section 2-505 of the District of Columbia Code,[1] of its final rulemaking action taken in the above-captioned proceeding. On April 13, 2010, the Commission released Order No. 15769, approving the Potomac Electric Power Company’s (“Pepco or the Company”) updated Rider “PSOS” - Public Space Occupancy Surcharge (“Application”).[2]
2. On January 29, 2010, pursuant to D.C. Code Section 10-1141.06,[3] Pepco filed with the Commission an updated Rider PSOS. In the filing, Pepco shows the process to be used to recover from its customers the fees paid by Pepco to the District of Columbia Government for the rental of public structures in public space. Pepco proposes to amend the following tariff page, so that it will read:
ELECTRICITY TARIFF, P.S.C.-D.C. No. 1
11th Revised Page No. R-33
3. According to its tariff, Pepco’s surcharge rate for its Rider PSOS will be updated annually to be effective March 1 of each year.[4] In light of its tariff, Pepco states that its “updated Rider PSOS is to become effective with meter readings on and after March 1, 2010.”[5] A Notice of Proposed Rulemaking (“NOPR”) was published in the D.C. Register on March 5, 2010, inviting public comment on the updated Rider PSOS.[6] In the NOPR, the Commission stated that it would not bar Pepco from implementing the surcharges but notified the Company that any inaccuracies would be subject to reconciliation. No comments were filed in response to the NOPR and the Commission is satisfied that the surcharge proposed by Pepco complies with D.C. Code Section 10-1141.06. Subsequently, the Commission approved Pepco’s Application by Order No. 15769.
[1] D.C. Code § 2-505 (2001 Ed.).
[2] ET00-2, In The Matter Of Potomac Electric Power Company’s Public Occupancy Surcharge Electricity Tariff, P.S.C.-D.C. No. 1, Letter to Dorothy Wideman, Commission Secretary, from Deborah M. Royster, Deputy General Counsel, re: Rider “PSOS”, filed January 29, 2010 (hereinafter referred to as “Application”).
[3] D.C. Code § 10-1141.06 (2001 Ed.) states that [e]ach public utility company regulated by the Public Service Commission shall recover from its utility customers all lease payments which it pays to the District of Columbia pursuant to this title through a surcharge mechanism applied to each unit of sale and the surcharge amount shall be separately stated on each customer's monthly billing statement.
[4] ELECTRICITY TARIFF, P.S.C.- D.C No. 1, 10th Revised Page No. R-33. The effective date is March 1, 2010.
[5] ET00-2, Application at 1.
[6] 57 D.C. Reg. 1907-1908 (March 5, 2010).