2376420 Formal Case No. 712, In the Matter of the Investigation into the Public Service Commission's Rules of Practice and Procedure
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PUBLIC SERVICE COMMISSION OF THE DISTRICT OF COLUMBIA
NOTICE OF FINAL RULEMAKING
FORMAL CASE NO. 712, IN THE MATTER OF THE INVESTIGATION INTO THE PUBLIC SERVICE COMMISSION’S RULES OF PRACTICE AND PROCEDURE
1. The Public Service Commission of the District of Columbia (Commission), hereby gives notice, pursuant to section 34-802 of the District of Columbia Official Code and in accordance with section 2-505 of the District of Columbia Official Code,[1] of final rulemaking action taken on April 27, 2012, in Order No. 16762, replacing chapter 13 of title 15 of the District of Columbia Municipal Regulations. A Notice of Proposed Rulemaking was published on February 24, 2012,[2] proposing to replace chapter 13. No comments were filed in response to this Notice of Proposed Rulemaking. In Order No. 16762, the Commission finalized the replacement of chapter 13.
Chapter 13, RULES IMPLEMENTING THE PUBLIC UTILITIES REIMBURSEMENT FEE ACT OF 1980, of title 15, PUBLIC UTILITIES AND CABLE TELEVISION, is amended as follows:
Section 1300, REIMBURSABLE BUDGET, is amended to read as follows:
1300 REIMBURSABLE BUDGET
1300.1 Prior to October 1st of each fiscal year, the Commission and the Office of the People's Counsel shall obtain from the Office of the Deputy Mayor for Financial Management, a certified written statement of the amounts of appropriations requested by the Mayor and the Council for the two (2) agencies for the fiscal year beginning October 1st of the same year, excluding amounts allocated for security regulations.
1300.2 Amounts, as adjusted from time to time by amendments, supplemental requests, reprogrammings, and final action by the Congress, excluding amounts to be reimbursed by non-utility common carriers, shall represent the reimbursable budgets of the respective agencies.
Section 1301 DETERMINATION OF REIMBURSEMENTS, is amended to read as follows:
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) (2011 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 revenues to the sum of the calendar year gross 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 utility's proportionate share of the calendar year gross 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).
1301.2 On April 15th of each year, each utility, competitive electric supplier, competitive natural gas supplier, and CLEC shall file its gross jurisdictional revenue figures for the preceding calendar year ending December 31st.
Section 1302 PUBLIC NOTICE OF REIMBURSEMENTS, is amended to read as follows:
1302 PUBLIC NOTICE OF REIMBURSEMENTS
1302.1 Not later than thirty (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 revenues of each public utility, competitive electric supplier, competitive natural gas supplier, and CLEC for the preceding calendar year.
Section 1303 PAYMENT OF REIMBURSEMENTS, is amended to read as follows:
1303 PAYMENT OF REIMBURSEMENTS
1303.1 By August 31st of each year, 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.
1303.2 Invoices shall be paid in full to the Treasurer of the District of Columbia within thirty (30) days of the date of receipt, except that all invoices shall be paid before the last day of the fiscal year.
Section 1304 SUPPLEMENTAL REIMBURSEMENTS, is amended to read as follows:
1304 SUPPLEMENTAL REIMBURSEMENTS
1304.1 Each public utility, competitive electric supplier, competitive natural gas supplier, and CLEC shall be required to reimburse a fraction of any supplemental appropriation received by the Office of the People's Counsel or the Commission during the fiscal year according to the formula under § 1301.
Section 1306 REFUNDS, is amended to read as follows:
1306 REFUNDS
1306.1 If total obligations of the Commission and the Office of the People's Counsel are less than ninety-five percent (95%) of total appropriations as determined by the Office of the Deputy Mayor for Financial Management in the annual audit released on February 1 of each year, the Deputy Mayor for Financial Management shall cause the difference to be refunded 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.
Section 1307 WAIVER OF RULES, is amended to read as follows:
1307 WAIVER OF RULES
1307.1 The Commission may grant exception to this chapter, in a manner consistent with D.C. Official Code § 34-912 (2010 Repl. & 2011 Supp.), for good cause shown to promote justice or to prevent hardship;
Section 1308 MISCELLANEOUS PROVISIONS, is amended to read as follows:
1308 MISCELLANEOUS PROVISIONS
1308.1 Nothing contained in this chapter shall limit or alter the Commission's authority under D.C. Official Code § 34-912(a) (2010 Repl. & 2011 Supp.) to require reimbursement of the expenses, including the expenses of the Office of the People's Counsel, of any investigation, valuation, revaluation, or other proceeding by the Commission concerning a particular public utility.
Section 1399 DEFINITIONS, is amended to read as follows:
1399 DEFINITIONS
1399.1 When used in this chapter, the following terms and phrases shall have the meaning ascribed:
Commission - the Public Service Commission of the District of Columbia.
Competitive Electric Supplier - a person, including an aggregator, broker or marketer, who generates electricity; sells electricity; or purchases, brokers, arranges, or markets electricity for sale to customers. The term excludes the following:
(a) Building owners, lessees, or managers who manage the internal distribution system serving such building and who supply electricity solely to occupants of the building for use by the occupants;
(b) Any person who purchases electricity for its own use or for the use of its subsidiaries or affiliates or Any apartment building or office building manager who aggregates electric service requirements for his or her building or buildings, and who does not:
(1) Take title to electricity;
(2) Market electric services to the individually-metered tenants of his or her building; or
(3) Engage in the resale of electric 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.
Competitive Local Exchange Carrier (CLEC) - any provider of telecommunications service that was not an incumbent local exchange carrier on January 31,1996.
Competitive Natural Gas Supplier - a person including an aggregator, broker, or marketer, who sells natural gas or purchases, brokers, arranges or markets natural gas for sale to customers. The term shall not include a person that supplies natural gas exclusively for its own consumption or the consumption of one or more of its affiliates. The term shall not include the following:
(a) Building owners, lessees, or managers who manage the internal distribution system serving the building and who supply natural gas solely to occupants of the building for use by the occupants;
(b) Any person who purchases natural gas for its own use or for the use of its subsidiaries or affiliates or Any apartment building or office building manager who aggregates retail natural gas sales requirements for his or her building, and who does not:
(1) Take title to natural gas;
(2) Market retail natural gas sales to the individually-metered tenants of his or her building; or
(3) Engage in the resale of natural gas to others;
(c) Property owners who supply small amounts of natural gas, at cost as an accommodation to lessors or licensees of the property;
(d) A consolidator; or
(e) The gas company.
District - the District of Columbia.
Office of the People's Counsel - the Office of thePeople's Counsel of the District of Columbia.
Public Utility - any public utility, as defined under D.C. Official Code § 34-214 (2010 Repl.), other than a common carrier.
