4952352 Public Service Commission - 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
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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 34-802 of the District of Columbia Official Columbia and in accordance with Section 2-505 of the District of Columbia Official Code,[1] of its final action taken in the above-captioned proceeding. On June 12, 2014, the Commission released Order No. 17518, approving the Potomac Electric Power Company’s (Pepco or the Company) updated Rider “PSOS” - Public Space Occupancy Surcharge (Surcharge Update).[2]
2. On February 27, 2014, pursuant to D.C. Official Code § 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
14th 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, 2014.”[5] On April 11, 2014, the Commission published a Notice of Proposed Rulemaking (NOPR)[6] in the D.C. Register inviting public comment on Pepco’s Application.[7] In the NOPR, the Commission stated that Pepco has a statutory right to implement the PSOS, however, if the Commission discovers any inaccuracies in the calculation of the proposed surcharge rated, Pepco could be subject to reconciliation of the surcharges. No comments were filed in response to the NOPR and the Commission is satisfied that Pepco’s proposed surcharge complies with D.C. Official Code § 10-1141.06. Subsequently, the Commission approved Pepco’s Surcharge Update by Order No. 17518.
[1] D.C. Official Code § 2-505 (2001 ed.) and D.C. Official Code § 34-802 (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 Brinda Westbrook-Sedgwick, Commission Secretary, from Peter E. Meier, Vice President, Legal Services, re: ET00-2 - Rider “PSOS,” filed February 27, 2014 (hereinafter referred to as Surcharge Update).
[3] D.C. Official 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, 13th Revised Page No. R-33. The effective date is March 1, 2014.
[5] ET00-2, Application at 1.
[6] 61 DCR 4180 (April 11, 2014). On May 16, 2014, the Commission announced a change in the nomenclature used to give public notice of its processing of applications for tariff changes from “Notice of Proposed Rulemaking” and “Notice of Final Rulemaking” to “Notice of Proposed Tariff” and “Notice of Approved Tariff,” respectively. 61 DCR 5150 (May 16, 2014). The Commission is using the prior nomenclature for this matter in order to be consistent with the nomenclature that has been used since the commencement of the proceeding.
[7] 61 DCR 3842-3843 (April 11, 2014).
