5070498 Public Service Commission, DC - NOTICE OF FINAL RULEMAKING -FORMAL CASE NO. 1116, IN THE MATTER OF APPLICATIONS FOR APPROVAL OF TRIENNIAL UNDERGROUND INFRASTRUCTURE IMPROVEMENT PROJECTS PLANS
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PUBLIC SERVICE COMMISSION OF THE DISTRICT OF COLUMBIA
NOTICE OF FINAL RULEMAKING
FORMAL CASE NO. 1116, IN THE MATTER OF APPLICATIONS FOR APPROVAL OF TRIENNIAL UNDERGROUND INFRASTRUCTURE IMPROVEMENT PROJECTS PLANS
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 its final rulemaking action adopting a new section, Section 141 (Reconsideration of Order Issued Pursuant to Title III of the Electric Company Infrastructure Improvement Financing Act of 2014) to Chapter 1 (Public Service Commission Rules of Practice and Procedure) of Title 15 (Public Utilities and Cable Television) of the District of Columbia Municipal Regulations (“DCMR”). The Commission issued a Notice of Proposed Rulemaking (“NOPR”) which was published in the D.C. Register on June 20, 2014, giving notice of the Commission’s intent to adopt the new Section 141.[2] The Commission issued a second NOPR on August 1, 2014, addressing comments filed by the Potomac Electric Power Company, and amending Sections 141.2, 141.3, 141.6, 141.7, and 141.8 consistent with ECIIFA provisions and the Commission’s current rules on reconsideration petitions codified at 15 DCMR § 140.[3] No comments were filed in response to the second NOPR.
2. The purposes of the new Section 141 is to expedite the reconsideration of any Commission order issued pursuant to Title III of the “Electric Company Infrastructure Improvement Financing Act of 2014” (“ECIIFA”). On May 3, 2014, the ECIIFA, which governs the Potomac Electric Power Company’s and the District of Columbia Department of Transportation’s public-private partnership to bury overhead primary power lines to improve electric service reliability in the District of Columbia, became effective. The ECIIFA requires the Commission to amend its rules to expedite the reconsideration of any Commission order issued on any matter before the Commission pursuant to Title III within one hundred and twenty (120) days of the effective date of ECIIFA.
3. On August 22, 2014, the Commission issued Order No. 17598 adopting the new Section 141, as final, effective upon publication of this notice of Final Rulemaking (“NOFR”) in the D.C. Register.
CHAPTER 1 Public Service Commission Rules of Practice and Procedure
141 RECONSIDERATION OF Orders ISSUED PURSUANT TO TITLE III OF THE ELECTRIC COMPANY INFRASTRUCTURE IMPROVEMENT fiNANCING ACT of 2014
141.1 Any party affected by any final order or decision issued pursuant to Title III of the “Electric Company Infrastructure Improvement Financing Act of 2014” (“ECIIFA”) may within thirty (30) days after publication of the order or decision, file with the Commission an application in writing requesting a reconsideration or modification of the matters involved (See D.C. Official Code § 34-604(b)).
141.2 The parties shall identify with specificity in the application for reconsideration or modification error(s) of law or fact in the Commission’s final order that they seek to have corrected. The application for reconsideration or modification is not a vehicle for losing parties to rehash arguments earlier considered and rejected by the Commission where there exists no error of law or fact.
141.3 Responses to applications for reconsideration or modification shall be filed with the Commission within five (5) business days after receipt of the application.
141.4 The Commission may, in its discretion, permit or require oral argument or briefs or both upon application for reconsideration or modification. The Commission shall proceed to hear and determine the reconsideration application as expeditiously as practicable.
141.5 The Commission shall, within thirty (30) days after the filing of the application, either grant or deny the application for reconsideration or modification. Failure by the Commission to act within that period shall be considered a denial of the, application. An application for reconsideration filed pursuant to this section will be given priority and acted upon by the Commission as expeditiously as practicable.
141.6 If the Commission determines that more time is needed to address the issues in the application for reconsideration or modification and any responses thereto, the Commission may issue a tolling order extending the deadline for reconsideration or modification by no more than ten (10) days.
141.7 If the application for reconsideration or modification is granted, the Commission shall, after notice to all parties, either with or without a hearing, rescind, modify, clarify or affirm its order or decision.
141.8 The filing of an application for reconsideration or modification shall act as a stay upon the execution of the order or decision of the Commission until the final action of the Commission upon the application for reconsideration or modification; provided, that upon written consent of the affected utility such order or decision shall not be stayed unless otherwise ordered by the Commission.
141.9 Any application for reconsideration or modification filed on the thirtieth (30th) day after the publication of the order or decision which the application seeks to have reconsidered or modified, shall be filed on or before the close of business of that day.
[1] D.C. Official Code § 34-802 (2012 Repl.); D.C. Official Code § 2-505 (2012 Repl. & 2014 Supp.).
[2] 61 DCR 6228-29 (June 20, 2104).
[3] 61 DCR 7893-95 (August 1, 2014).
