Title 15 DCMR — PUBLIC UTILITIES AND CABLE TELEVISION

15-1 PUBLIC SERVICE COMMISSION RULES OF PRACTICE AND PROCEDURE

15 DCMR § 100 DOCKETS AND FILINGS

100.1 The Office of the Commission Secretary shall maintain the official docketing system for the Commission.

The docketing system shall contain records and documents available for public inspection. Public inspection may be either on the Commission’s website or in person at the Office of the Commission Secretary during normal office hours. Confidential or proprietary records and documents are not available for public inspection. The rules governing confidential or proprietary records and documents are contained in Section 150. Access to all filings in the Office of the Commission Secretary is subject to reasonable limitations, including extraordinary circumstances, or when inspection would interfere with the normal operation of the Office of the Commission Secretary. Persons requesting copies of any filing or other written matter within the possession and/or custody of the Commission from the Office of the Commission Secretary may be subject to a per page copying fee.

All documents filed with the Commission shall be addressed to the Commission Secretary and filed with the Office of the Commission Secretary.

The Commission shall be open each business day except Saturdays, Sundays, and legal holidays, from 9:00 a.m. to 5:30 p.m.

All documents shall be filed electronically, including documents containing confidential or proprietary information, with the exception of documents containing “critical infrastructure information” (CII) and documents filed on electronic storage devices such as flash drives or compact disks (CDs). Documents containing CII must be filed with the Commission as one hard copy and shall clearly state in bold, capitalized letters that the filing contains CII. Documents filed on electronic storage devices shall include a table of contents, list of the data, or other description of the data stored on the device. To file documents electronically with the Commission, filers must first complete an online registration form on the eDocket System.

All filings shall comply with the requirements set forth in the Commission’s rules and shall be accompanied by a cover letter indicating the title of the document or type of filing; the case or docket number and caption, if already assigned; and the name, street address, e-mail address, and telephone number of the person making the filing.

100.7 The Commission may, at any time, reject all or any part of a filing that does not conform with the requirements of the Commission’s rules under this chapter. If any filing, or part thereof, is rejected, the document or the part thereof will be deemed not to have been accepted for filing with the Commission.

100.8 When a confidential or proprietary document is filed, the corresponding public version shall be filed concurrently.

100.9 All documents filed electronically shall be considered filed when the Commission has received the electronic filing, consistent with Subsection 100.10, unless the electronic filing has been rejected under Subsection 100.12.

100.10 Documents may be filed electronically twenty-four (24) hours a day, seven (7) days a week. All documents filed electronically shall be considered as timely filed and will be docketed, consistent with Subsection 100.9, if filed by 5:30 p.m. If a filing is received after 5:30 p.m. on a business day or at any time on a non-business day, it shall be docketed on the next business day.

100.11 Persons that file documents electronically shall receive an electronic acknowledgment of their filing from the Office of the Commission Secretary once file transmission is complete.

100.12 After reviewing an electronic filing to ensure that it meets the Commission’s electronic filing requirements, the Office of the Commission Secretary shall send a notice of acceptance or a notice of rejection. If the filing does not meet the Commission’s requirements, then the Office of the Commission Secretary shall send a notice of rejection explaining the reason(s) for rejection.

History

SOURCE: Final Rulemaking published at 28 DCR 2984, 2986 (July 3, 1981); as amended by Final Rulemaking published at 29 DCR 2719 (June 25, 1982); as amended by Final Rulemaking published at 29 DCR 4906 (November 5, 1982); as amended by Final Rulemaking published at 36 DCR 4781 (July 7, 1989); as amended by Final Rulemaking published at 39 DCR 5117, 5118 (July 10, 1992); as amended by Final Rulemaking published at 42 DCR 2340 (May 12, 1995); as amended by Final Rulemaking published at 46 DCR 440 (January 15, 1999); as amended by Final Rulemaking published at 64 DCR 4991 (May 26, 2017); as amended by Final Rulemaking published at 66 DCR 0659 (January 18, 2019). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 100

15 DCMR § 101 COMMENCEMENT OF PROCEEDINGS

101.1 A formal or informal complaint, petition or application, may be filed by any person as defined in this chapter.

101.2 The Commission, on its own motion or on the petition of any person, at any time, may order a formal investigation or issue an order to show cause.

101.3 Orders initiating an investigation or to show cause shall indicate the nature of the matters to be investigated, and shall be served upon the person who is the subject of the order.

101.4 The Commission may investigate at any time any matter germane to its jurisdiction.

101.5 No fees shall be charged for the commencement of any proceeding or the filing of any pleading or other papers.

101.6 Within ten (10) days of the commencement of a proceeding, or the commencement of a proceeding by the Commission on its own motion, any interested party shall file a statement indicating whether the new proceeding should be considered a "rate case" or an "other investigation" for the purposes of D.C. Code §43-612 (1981 Ed.), and the factual and legal bases for the assertion. Any responsive comments shall be filed within twenty (20) days of the commencement of the proceeding.

101.7 For purposes of §101.6. a proceeding shall be deemed to be commenced upon the occurrence of any of the following events:

(a) An initial petition, application or formal complaint is filed;

(b) A notice of proposed rulemaking is published in the District of Columbia Register;

(d) A notice of prehearing conference is published in the District of Columbia Register; or

(e) An order and report on the prehearing conference designating issues and establishing a procedural schedule is issued by the Commission.

History

SOURCE: Final Rulemaking published at 28 DCR 2984, 2987 (July 3, 1981); as amended by Final Rulemaking published at 36 DCR 7291 (October 20, 1989).

15 DCMR § 102 [RESERVED]

15 DCMR § 103 INFORMAL COMPLAINTS AND HEARINGS

103.1 Each informal complaint, including complaints under Chapter 3 of this title, shall initially be referred to the Commission's Office of the General Counsel for investigation, unless otherwise directed by the Commission.

103.2 Upon conclusion of an investigation, the Staff shall file its written findings and recommendations with the Commission.

103.3 Upon review of the Staff’s findings and recommendations, the Commission may either attempt to resolve the matter informally or transfer it to the Formal Docket.

103.4 When an informal complaint is docketed as a formal complaint, the Commission shall issue an Order setting forth the issues and procedural schedule.

103.5 If a formal pleading in the nature of a complaint, including formal complaints pursuant to the Consumer Bill of Rights, is of a nature conducive to informal resolution, the Commission may refer the matter for informal resolution under this section unless the complaint specifically alleges that the matter has previously been brought to the attention of the General Counsel Staff.

103.6 The Commission may, from time-to-time, order informal hearings to obtain information necessary or helpful in the determination of its policies, the carrying out of its duties, the formulation or amendment of rules and regulations, or the disposition of informal complaints.

103.7 Informal hearings may be public or non-public as the Commission may direct, and the procedure may be informal to any extent which the Commission may deem appropriate and expedient.

103.8 The Commission may require the attendance of witnesses and the production of evidence as in a formal hearing.

103.9 Informal complaints shall be in writing and may conform to the other requirements for formal pleadings.

History

SOURCE: Final Rulemaking published at 28 DCR 2984, 2988 (July 3, 1981); as amended by Final Rulemaking published at 39 DCR 5117, 5118 (July 10, 1992).

15 DCMR § 104 INITIAL PLEADINGS

104.1 Each initial petition, application, or formal complaint shall contain the following information:

(The name, address, and e-mail address of petitioner, applicant, or complainant;

(b) A clear and concise statement of facts upon which the petition, application, or complaint is based and the position and interest of the petitioner, applicant, or complainant in the matter;

(c) A reference to the specific section or sections of the statute, rule, regulation, or order of the Commission upon which relief is sought;

(d) A request for a particular order, authorization, permission, certificate, or relief;

(e) Verification and signature of petitioner, applicant, or complainant;

(f) The signatory's address and telephone number; and

(g) A statement indicating whether the proceeding sought should be considered a "rate case" or an "other investigation" for the purposes of D.C. Code §43-612 (1981 Ed.), and the factual and legal bases for the assertion; Provided, that comments on a petitioner's statement required by this paragraph shall be filed by any interested party within ten (10) days of the initial filing, and any responsive comments shall be submitted within twenty (20) days of the initial filing.

104.2 Joint complaints shall be allowed if they involve the same issues and the same or similar facts. Joint complaints shall be subject to all rules relating to complaints.

104.3 Each document initiating new proceedings shall leave a space for the docket number. Each subsequent document for filing shall show on the first page the caption for each proceeding, the docket number, the title of the document, and leave sufficient space in the upper right hand corner for a time and date stamp.

History

SOURCE: Final Rulemaking published at 28 DCR 2984, 2989 (July 3, 1981); as amended by Final Rulemaking published at 36 DCR 7291, 7292 (October 20, 1989); as amended by Notice of Final Rulemaking published at 58 DCR 10631 (December 16, 2011).

15 DCMR § 105 ANSWERS, CROSS-COMPLAINTS AND MOTIONS

105.1 Any party upon whom a copy of a petition, formal complaint, cross complaint, order or investigation, or order to show cause has been served shall answer and file the same with the Commission within ten (10) days after service of that complaint, petition, or order, or within such time as extended by the Commission, or within a lesser time fixed by the Commission for good reason stated.

105.2 Any party specified by §105.1 who fails to answer a service within the period prescribed shall be deemed in default, except where the Commission shall waive the answer.

105.3 In the event the Commission shall waive the answer as to any party, the case shall be deemed at issue as to that party.

105.4 Joint answers to the same complaint shall be allowed.

105.5 The purpose. of the answer is to fully advise the complainant and the Commission of the nature of the defense.

105.6 The answer shall admit or deny each material allegation in the complaint and shall set forth any new matter constituting a defense. It shall also set forth any defects in the complaint which require amendment or clarification.

105.7 Cross complaints, if any, shall be filed by the respondent with the answer to the complaint. Cross complaints shall be subject to all rules relating to complaints.

105.8 Written motions may be filed at any time in accordance with this chapter. Responses to a written motion shall be filed no later than ten (10) calendar days after a motion has been served.

105.9 No rejoinders or replies to responses shall be accepted without leave of the Commission.

105.10 The Commission may act without awaiting responses, when considered necessary.

History

SOURCE: Final Rulemaking published at 28 DCR 2984, 2989 (July 3, 1981).

15 DCMR § 106 INTERVENTION

106.1 Any person as defined by this chapter, not named as a party in the pleadings initiating a proceeding but having a substantial interest therein, may petition the Commission for leave to intervene.

106.2 Petitions for leave to intervene shall set forth the grounds of the proposed intervention and the position and interest of the petitioners in the proceeding.

106.3 A petition for leave to intervene shall be in writing and shall be filed by the prospective intervenor in compliance with the direction set forth in the public notice of the filing or application, or as may be otherwise ordered by the Commission.

106.4 Any party may answer a petition for leave to intervene. That answer, if filed, shall be subject to all of the rules relating to answers.

106.5 The Commission may grant or deny a petition for leave to intervene, or may grant the petition upon such conditions and limitations as it may prescribe.

106.6 A person whose petition for leave to intervene has been granted by the Commission shall be permitted to appear and participate as a party in the proceeding; Provided, that the granting of such petition shall not constitute a determination by the Commission that the intervenor is or will be affected by the final order or decision.

106.7 The granting of a petition to intervene shall not have the effect of changing or broadening the issues in the proceeding, except where that change or broadening is expressly requested by the intervenor and is expressly granted by the Commission after opportunity for the filing of objection to that request has been afforded to all parties.

History

SOURCE: Final Rulemaking published at 28 DCR 2984, 2990 (July 3, 1981).

15 DCMR § 107 LIMITED APPEARANCE

107.1 At the discretion of the Commission, any person may make a limited appearance in any proceeding by presenting a statement orally or in writing at any time prior to the close of the record.

107.2 A person entering a limited appearance shall not be a party to the proceeding and shall not have the right to present testimony or cross-examine witnesses.

History

SOURCE: Final Rulemaking published at 28 DCR 2984, 2991 (July 3, 1981).

15 DCMR § 108 EX PARTE COMMUNICATIONS

108.1 No interested person may, with respect to any case, make (or knowingly cause to be made) to any Commissioner, Hearing Agent, or personal assistant to the Commissioners, any ex parte communication while the proceeding is pending before the Commission.

108.2 The provisions of §108.1 do not apply to any of the following communications:

(a) Those specifically authorized by law to be made on an ex parte basis;

(b) Those related to a matter of procedure; or

(c) Those made in the course of another proceeding of the Commission to which it primarily relates, and is on the public record.

108.3 Any employee of the Commission or person may apply to the Office of General Counsel for an advisory opinion as to whether any provision of this section is applicable to a communication.

108.4 A proceeding is considered pending before the Commission when it is noticed for hearing, or when a communicator who reasonably believes it will be noticed for hearing obtains such knowledge (but not before the proceeding is docketed).

108.5 A proceeding ends when the Commission's decision becomes final for purposes of judicial review.

108.6 If a proceeding is phased or segmented so that one or more parts of the proceeding constitute informal rulemaking and one or more parts constitute contested proceedings, the Commission may, by order, provide that each phase or segment shall constitute a separate proceeding for purposes of this rule.

108.7 Any Commissioner, personal assistant to a Commissioner, hearing agent or person appointed to advise the Commission, who receives an ex parte communication prohibited by this section shall, within forty-eight (48) hours after first having reason to believe that the communication is prohibited, prepare and deliver to the Secretary a written statement setting forth the substance of the communication if it is in oral form, or deliver to the Secretary the actual communication if it is in written form.

108.8 The Secretary shall place any statement or communication in public files associated with the proceeding, but separate from the record upon which the Commission will rely in reaching its decision. The Secretary shall mail to each person on the official service list of the proceeding a copy of any such statement or communication.

108.9 If the Commission determines that a communication was knowingly made (or caused to be made) by a party acting in violation of this section, the Commission may, to the extent consistent with the interests of justice and the policy of the underlying statutes, require the party to show cause why his or her claim or interest in the proceeding should not be dismissed, denied, or otherwise adversely affected.

History

SOURCE: Final Rulemaking published at 28 DCR 2984, 2990 (July 3, 1981); as amended by Final Rulemaking published at 29 DCR 97 (January 1, 1982); and by Final Rulemaking published at 39 DCR 5117, 5118 (July 10, 1992).

15 DCMR § 109 COMMISSION STAFF'S ROLE IN PROCEEDINGS

109.1 Unless otherwise provided by Chapter 1 or 2 of this title, any person or participant in any proceeding is encouraged to confer on an informal basis with the Staff of the Public Service Commission with respect to any matters within the Commission's authority to regulate.

109.2 No person, participant, or Staff personnel shall be bound by any statement made during the course of any informal consultations, and the Commission shall not be bound by statements or positions of Staff without its expressed consent.

109.3 Neither the Staff of the Commission nor any consultant hired by the Commission shall appear as a party to, advocate, or intervenor in any Commission proceeding.

109.4 Individual Staff members and consultants may comment or participate in any proceeding as expert witnesses only when directed to do so by the Commission. Individual Staff members and consultants may present testimony on selected issues after the Commission makes a finding of the issues to be decided in the proceeding and a determination that testimony in addition to that presented by the parties or intervenors is required by the Commission to develop a complete record. This provision shall apply to any tariff changes, investigations, financing or rulemakings, as well as base rate proceedings.

109.5 The appearance of individual Staff members and consultants shall be in accordance with Article VII of the Federal Rules of Evidence.

109.6 The Commission may appoint its General Counsel or the General Counsel's designee to assist the Staff members and consultants testifying pursuant to § 109.4.

109.7 The General Counsel or the General Counsel's designee may cross-examine all witnesses, including those testifying pursuant to § 109.4, in any proceeding before the Commission.

109.8 Testimony filed or presented pursuant to § 109.4 shall reflect the witnesses' views on the issues. The statement of a view on an issue may include the following:

(a) An analysis of how that view differs from the views of other witnesses in the proceeding;

(b) An analysis of prior Commission decisions; and

(c) An analysis of how such decisions relate to the views of the testifying witnesses and the other witnesses in the proceeding.

109.9 Staff members and consultants presenting testimony pursuant to § 109.4 may file rebuttal testimony.

109.10 Neither prehearing nor post-hearing briefs shall be filed by Staff in any Commission proceeding, unless otherwise directed.

History

SOURCE: Final Rulemaking published at 28 DCR 2984, 2993 (July 3, 1981); as amended by Final Rulemaking published at 33 DCR 891 (February 14, 1986); by Final Rulemaking published at 42 DCR 2340 (May 12, 1995); by Final Rulemaking published at 39 DCR 5117, 5118 (July 10, 1992); and by Final Rulemaking published at 43 DCR 29 (January 5, 1996), effective January 22, 1996.

15 DCMR § 110 APPEARANCES AND REPRESENTATION

110.1 In any proceeding an individual, receiver, trustee, or official may appear in his or her own behalf, a member of a partnership may represent the partnership, an officer of a corporation may represent the corporation, a member or employee or an association or non-profit corporation may represent the association or non-profit corporation, and an official of a Federal, District or State Commission or other governmental agency may represent that Commission or governmental agency.

110.2 Any individual appearing before or transacting business with the Commission in a representative capacity may be required to establish authority to act in that capacity.

110.3 A person may be represented in any proceedings before the Commission by an attorney at law admitted to practice before the District of Columbia Court of Appeals; or by an attorney admitted to practice before the highest court of any state upon the granting by the Commission of a motion for special appearance; Provided, that the attorney does not maintain an office within the District of Columbia for the practice of law.

110.4 In any proceeding before the Commission, if a party is represented by more than one attorney or person, that party shall, at the time it first appears before or files with the Commission, designate which one of those attorneys or persons is authorized to receive service on behalf of that party. Service to that designated representative shall be considered to be service to all representatives of that party as well as to that party.

110.5 The Commission may disqualify, or deny, temporarily or permanently, the privilege of appearing or practicing before it in any way, to any individual who is found by the Commission, after hearing, either to be lacking in the requisite qualifications to represent others or in character or integrity or to have engaged in unethical, improper or unprofessional conduct. In particular, no person shall willfully mislead the Commission or its Staff by a false statement of fact or law.

110.6 Persons who appear in a representative capacity in any formal proceeding shall file a written notice of appearance with the Commission Secretary on the first occasion of appearance. The notice of appearance shall state the person’s name, local address, local telephone number, e-mail address, and for whom the appearance is made. The written notice shall be part of the record.

History

SOURCE: Final Rulemaking published at 28 DCR 2984, 2994 (July 3, 1981); as amended by Final Rulemaking published at 39 DCR 5117, 5119 (July 10, 1992); as amended by Notice of Final Rulemaking published at 58 DCR 10631, 10632 (December 16, 2011).

15 DCMR § 111 CONDUCT DURING PROCEEDINGS

111.1 In addition to the requirements of § 108, any attorney who participates in any proceeding before the Commission shall comply with the rules and regulations of the Commission and shall adhere to the standards of the ethical conduct required of attorneys before the courts of the District of Columbia and the District of Columbia Code of Professional Conduct.

111.2 No restrictions in this section shall preclude an attorney from replying to charges of misconduct publicly made against him or her, or from participating in the proceedings of legislative, administrative, or other investigative bodies.

111.3 In all proceedings before the Commission, no attorney, other than the Commission's General Counsel or his or her designee, shall communicate, or cause another to communicate as to the merits of the cause, with any Commissioner or examiner before whom the proceeding is pending, except as follows:

(a) In the course of official proceedings in the cause; and

(b) In writing directed to the Secretary of the Commission with copies served upon all other counsel of record.

111.4 It is improper for any party, or person representing a party, in a case before the Commission to attempt to sway the judgment of the Commission in that case by undertaking directly or indirectly, through a third party outside the hearing process, to bring pressure or influence to bear upon the Commission, its Staff, or the presiding officer assigned to the proceeding.

111.5 Requests for expeditious treatment of matters pending with the Commission are improper except when filed with the Secretary and copies served upon all other parties or unless made before the Commission or its hearing agent at a hearing.

111.6 No member of the Commission, presiding officer, or employee of the Commission shall invite or knowingly entertain any prohibited ex parte communication, or make any communication to any party or counsel or agent of a party, or any other person who he or she has reason to know may transmit that communication to a party or party's agent.

111.7 The Commission may disqualify and deny temporarily or permanently, the privilege of appearing or practicing before it in any way to any individual who, after a hearing, is found to have violated the requirements of this section. Violations of the requirements of this section by attorneys shall be referred to the appropriate District of Columbia Bar Committee for investigation.

111.8 Conduct amounting to contempt at any hearing before the Commission or a member of the Commission or before a presiding officer of the Commission shall be grounds for exclusion from the hearing and for summary suspension without a hearing for the duration of the hearing or of the proceeding, or any part thereof.

History

SOURCE: Final Rulemaking published at 28 DCR 2984, 2995 (July 3, 1981); as amended by Final Rulemaking published at 39 DCR 5117, 5119 (July 10, 1992).

15 DCMR § 112 SUBSTITUTION OF PARTIES

112.1 In the event of the death of an individual party, or the dissolution or reorganization of a party other than an individual, the Commission, upon motion of a party or upon its own motion, may substitute the person succeeding to the rights and liabilities of the party.

112.2 In the event of a mistake in the name of the title of a party, the Commission, upon motion of a party or upon its own motion, may substitute the correct name or title.

History

SOURCE: Final Rulemaking published at 28 DCR 2984, 2996 (July 3, 1981).

15 DCMR § 113 FORM OF FILINGS

113.1 All electronic filings shall be word-processed or otherwise electronically entered on a page sized 8 ½ inches wide and 11 inches long in font size of not less than 11 points, unless a larger size page format is required.

113.2 The cover page of each confidential or proprietary document shall indicate that the filing contains confidential or proprietary information. Each confidential or proprietary document filed shall have clearly marked “[BEGIN CONFIDENTIAL]” in bold capital letters at the beginning of each portion or section of the document containing such confidential or proprietary information and “[END CONFIDENTIAL]” in bold capital letters at the end of each portion or section of the document containing such confidential or proprietary information. All other material in each and every portion or section of such document shall be treated as non-confidential and non-proprietary and available for public use and review. Redacted public versions of confidential or proprietary filings shall also be filed consistent with Subsections 100.6 and 100.8. The pagination, numbering and other formatting features of the redacted filings shall be identical to those features in the confidential or proprietary filings. The beginning and the ending of all confidential or proprietary matters redacted from the public versions shall be clearly identified on each and every page of that public version as set forth in this subsection.

113.3 Consistent with Subsection 100.7, the Commission may reject any filings that do not conform to the requirements of this section.

History

SOURCE: Final Rulemaking published at 28 DCR 2984, 2986 (July 3, 1981); as amended by Final Rulemaking published at 29 DCR 2719 (June 25, 1982); as amended by Final Rulemaking published at 29 DCR 4906 (November 5, 1982); as amended by Final Rulemaking published at 36 DCR 4781 (July 7, 1989); as amended by Final Rulemaking published at 39 DCR 5117, 5118 (July 10, 1992); as amended by Final Rulemaking published at 42 DCR 2340 (May 12, 1995); as amended by Final Rulemaking published at 46 DCR 440 (January 15, 1999); as amended by Final Rulemaking published at 64 DCR 4991 (May 26, 2017); as amended by Final Rulemaking published at 66 DCR 0659 (January 18, 2019). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 113

15 DCMR § 114 SIGNING AND VERIFICATION OF PLEADINGS

114.1 The original of each application, petition, complaint, answer, or amendment shall be signed in ink by each party.

114.2 If a party is a corporation or association, the pleading shall be signed and verified by an officer or other designated employee.

114.3 Any person who signs a pleading or brief, enters an appearance at a hearing, or transacts business with the Commission, represents by such act that he or she is authorized to do so.

114.4 Any attorney for or representative of a party shall also sign the pleading, and show his or her address, telephone number, e-mail address, and Unified Bar Number, if applicable.

114.5 Motions, notices, briefs, and petitions for reconsideration need only be signed by an attorney or representative.

114.6 Petitions or amendments to petitions (except petitions for reconsideration) shall be verified by each petitioner.

114.7 Applications or amendments to applications shall be verified by each applicant.

114.8 Complaints or amendments to complaints shall be verified by at least one (1) complainant.

114.9 Answers or amendments to answers shall be verified by at least one (1) of the respondents filing the answer.

114.10 Other pleadings need not be verified.

114.11 Verification may be made before a notary public or by certification or declaration under the penalty of perjury.

History

SOURCE: Final Rulemaking published at 28 DCR 2984, 2997 (July 3, 1981); as amended by Notice of Final Rulemaking published at 58 DCR 10631, 10632 (December 16, 2011).

15 DCMR § 115 SERVICE OF PLEADINGS AND OTHER DOCUMENTS

115.1 Petitions and applications, when filed with the Commission, shall be served on the Office of the People's Counsel of the District of Columbia.

115.2 Cross complaints, intervening petitions, answers, amendments, written motions, and all other documents shall be served by the parties within one (1) day after the pleading is filed with the Commission.

115.3 When filed, these pleadings and other documents shall be accompanied by proof of service upon all parties.

115.4 Proof of service of any pleading or any other document shall be by certificate of attorney, affidavit or affirmation, or receipt.

115.5 Service of pleadings or any other documents shall be made by sending one (1) copy of the pleading to each party by:

E-mail;

First class mail; or

115.6 [Deleted]

115.7 [Deleted]

115.8 [Deleted]

115.9 [Deleted]

History

SOURCE: Final Rulemaking published at 39 DCR 5117, 5120 (July 10, 1992); as amended by Notice of Final Rulemaking published at 58 DCR 10631, 10632 (December 16, 2011).

15 DCMR § 116 NOTICE

116.1 Whenever the provisions of Chapter 1 or 2 of this title or a statute require notice to be given, notice shall be served not less than ten (10) days before the hearing, order, or other proposed action of which the notice is required, except in those instances in which another period is allowable or specifically provided.

116.2 Notices shall be typewritten or otherwise duplicated and shall conform to the requirements of §§100 and 113 as to form and number.

116.3 Notice, whenever given, shall be served upon all parties, and copies filed with the Commission.

116.4 Service of notice shall be made in person, by e-mail, or by first class mail.

116.5 Proof of service shall be filed with the Commission.

116.6 In proceedings entered in the Formal Docket, copies of the notice of that proceeding shall be posted on the official bulletin board of the Commission and in the District of Columbia Register in the case of a rulemaking and may be published in a newspaper or newspapers of general circulation in the area or areas concerned.

History

SOURCE: Final Rulemaking published at 28 DCR 2984, 2998 (July 3, 1981); as amended by Notice of Final Rulemaking published at 58 DCR 10631, 10632 (December 16, 2011).

15 DCMR § 117 COMPUTATION OF TIME

117.1 When the time prescribed by Chapter 1 or 2 of this title for doing an act expires on a Saturday, Sunday, or legal holiday, that time shall extend to and include the next succeeding day which is not a Saturday, Sunday, or legal holiday. The computation of that time shall exclude the day of service or notice.

117.2 Whenever a party has the right or is required to do some act within a prescribed period after the service of a notice or other pleading upon that party and the notice or pleading is served upon that party by mail, three (3) days shall be added to the prescribed period.

117.3 Each party is bound by the type of service it receives, regardless of how other parties are served. This subsection shall not apply to filings required by the Commission.

117.4 Except in the case of jurisdictional time periods prescribed by statute, when an act is required or allowed to be done at or within a specific time, the Commission on its own motion for good cause shown may order the period enlarged.

117.5 The Commission may order an enlargement of time with or without motion or notice if request therefore is made before the expiration of the period prescribed, or upon motion made after the expiration of the prescribed period.

117.6 Unless otherwise specified, when a party has the right or is required to do some act within seven (7) days or less under this chapter or pursuant to a Commission order, Saturdays, Sundays and Commission holidays shall not be counted.

117.7 Unless otherwise specified, when a party has the right or is required to do some act in greater than seven (7) days under this chapter or pursuant to a Commission order, Saturdays, Sundays and holidays shall be counted.

History

SOURCE: Final Rulemaking published at 28 DCR 2984, 2999 (July 3, 1981); as amended by Final Rulemaking published at 39 DCR 5117, 5120 (July 10, 1992).

15 DCMR § 118 ELECTRONIC FILING PROCEDURES

118.1 All filings shall be filed electronically, with the exception of the following:

Filings containing confidential or personal information;

Filings by individuals in consumer complaint cases; and

Filings by individuals in proceedings other than consumer complaint cases.

Confidential filings shall be submitted in person or by mail; however, when a confidential filing is made, the corresponding public version shall be filed electronically on the same day.

All electronic filings shall be considered filed when the Commission has received the electronic submission, unless the electronic submission has been rejected under subsection 118.7.

118.4 For good cause shown, a party may submit a paper filing in lieu of an electronic filing. All paper filings shall comply with sections 113, 114, 115, and 116 of this chapter.

118.5 Filings may be submitted electronically twenty-four (24) hours a day, seven (7) days a week. If a filing is received outside of Commission business hours, it shall be docketed the next business day.

118.6 Parties shall receive from the Office of the Commission Secretary an electronic acknowledgment of their submission once file transmission is complete. The acknowledgment shall contain the name and size of the file, case number, party name, date, and the time the Commission’s server received the last byte of information.

118.7 After reviewing an electronic filing to ensure that it meets the Commission’s electronic filing requirements, the Office of the Commission Secretary shall send a notice of acceptance or a notice of rejection. The notice of acceptance shall provide the filing’s case number, item number, the date and time of receipt, and the official filing date. If the filing does not meet the Commission’s requirements, then the Office of the Commission Secretary shall send a notice of rejection explaining the reason(s) for rejection by the end of the next business day. A notice of rejection extends any applicable deadline through the end of the next business day.

118.8 To electronically file a document with the Commission, filers must complete and submit the electronic filing registration form to the Office of the Commission Secretary. If this form is approved, the Office of Commission Secretary will issue a user ID and password. When registering, a user must explicitly agree to the terms of the eDocket system Compliance Agreement.

History

SOURCE: Final Rulemaking published at 49 DCR 8721 (September 20, 2002); as amended by Notice of Final Rulemaking published at 58 DCR 10631, 10632 (December 16, 2011); as amended by Final Rulemaking published at 66 DCR 659 (January 18, 2019). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 118

15 DCMR § 119 ELECTRONIC FILING FORMATS AND DOCUMENT VERIFICATION

119.1 Filings shall conform to the formatting rules set forth in section 113.

119.2 Parties shall submit all filings in text-searchable format converted directly from a word processing program to portable document format (PDF) with the optical character recognition (OCR) feature enabled.

119.3 Parties shall not submit files that are corrupted or contain inserted programs (for example, embedded macros, viruses, and other general file corruptions).

119.4 Parties shall not use auto-date features, which add the current date to the document whenever the file is opened.

119.5 Parties shall not submit files containing hyperlinks to external documents.

119.6 For purposes of electronic filing, the signature on the filing shall be the same as the owner of the user ID and password used to submit the filing. The signature requirement for electronic filings shall cover certificate of service signature requirements, and the signature requirements stated in subsections 104.1(e), 114.1, 114.2, 114.3, 114.4, and 114.5 of this chapter.

History

SOURCE: Final Rulemaking published at 49 DCR 8721 (September 20, 2002); as amended by Notice of Final Rulemaking published at 58 DCR 10631, 10633 (December 16, 2011).

15 DCMR § 120 FORMAL HEARINGS: GENERAL PROVISIONS

120.1 The Commission may order a formal hearing in any proceeding in which it determines that a formal hearing is necessary.

120.2 The notice of hearing shall designate the time and place of the hearing.

120.3 Unless otherwise specifically ordered, formal hearings shall be in the hearing room at the office of the Commission.

120.4 The Commission shall give notice of a formal hearing, or of any change in date or place of such hearing. Notice under this rule shall be exempt from the requirements of §116.

120.5 A formal hearing shall be held before the Commission, or any member or agent of the Commission as the presiding officer for that purpose.

History

SOURCE: Final Rulemaking published at 28 DCR 2984, 3000 (July 3, 1981).

15 DCMR § 121 PRE-HEARING CONFERENCE

121.1 The Commission, or any presiding officer to whom a case has been assigned for hearing, shall give notice directing all parties to attend a pre-hearing conference.

121.2 At least five (5) calendar days before the pre-hearing conference, each party shall serve and file a statement of proposed issues and order of procedure with the Commission.

121.3 The parties to the proceeding, or their representatives, and representatives of the Commission designated by it for the purpose, shall be conferees.

121.4 The purpose of the pre-hearing conference shall be to do the following:

(a) Formulate the issues;

(b) Arrange for the exchange of proposed exhibits;

(d) Obtain admissions of fact and of documents which will avoid unnecessary proof;

(e) Determine the number of witnesses;

(f) Set forth any extraordinary rules of procedure for the conduct of the hearing(s);

(g) Adopt a procedural schedule for the proceedings; and

(h) Pursue any other matters as may aid in the disposition of the proceeding.

121.5 Any agreements reached at the conference by the parties shall be promptly reduced to writing by the Commission's designee and submitted to the Commission for approval.

121.6 Any participant who fails to attend a pre-hearing conference of which the participant had due notice shall, with respect to any matter reasonably encompassed in the notice of the prehearing conference, be deemed to have waived any objections to any agreement reached, or ruling made thereon at the conference.

121.7 At the conclusion of the pre-hearing conference, the Commission shall issue, as soon thereafter as possible, an Order and Report on Prehearing Conference, designating the parties, setting forth the issues to be decided in the hearing(s), any extraordinary rules or procedure, and the procedural schedule of the proceeding.

History

SOURCE: Final Rulemaking published at 28 DCR 2984, 3000 (July 3, 1981).

15 DCMR § 122 INFORMATION REQUESTS

122.1 A party's request for information from parties other than a utility shall be submitted in writing no later than ten (10) days after the filing of testimony by the party receiving the request.

122.2 A party to whom a request is made other than a utility company shall respond to that request within fifteen (15) days.

122.3 In proceedings where a utility company is a party, requests for information from the utility company shall be served on the company no later than thirty (30) days from the date of the Order and Report on the Prehearing Conference unless otherwise specified by the Commission. The utility company shall respond to each of the requests within twenty-one (21) days after service of the data request.

122.4 Data requests shall be considered continuing in nature. Substantially revised information shall be provided without specific additional requests.

122.5 Additional data requests may be served upon amendment of previous testimony or subsequent to the filing of supplemental or rebuttal testimony; Provided, that those requests are served within ten (10) days of the filing of the amended, supplemental or rebuttal testimony. Responses to these requests shall be served on the requesting party within ten (10) days after service of the request.

122.6 Any party to whom a response is provided who believes that the data needs clarification may within five (5) business days request the clarification or follow-up information; however, follow-up data requests shall be limited to one (1) per original request; Provided, that the information is within the scope of the original request. Responses to those requests shall be provided to the requesting party within five (5) business days after receipt of the request. If a party or Staff desires more than one follow-up request, that party may seek permission from the Commission to ask for additional follow-up data requests. The Commission will allow for additional follow-up data requests only upon a showing of a compelling need for the additional requests.

122.7 Data requests shall be in writing and shall be served upon all parties. One copy of each data request shall be submitted to the Commission's Secretary.

122.8 The staff may request information from the utility at any time, and those requests originally need not be in writing. The oral request, if submitted with respect to a contested case in which Staff is participating shall be reduced to a written memorandum and served on all parties within three (3) days of the initial request.

122.9 Responses to data requests shall be submitted to the following:

(a) The party making the request;

(b) The Secretary of the Commission; and

(c) If a party or Staff wishes to obtain data supplied in response to another party's request, that party or Staff shall obtain the information from the Commission Secretary's Office.

122.10 If a response to a particular information request is so voluminous that sending copies to all parties would be unduly burdensome, the responding party may serve the response on the following:

(a) The requesting party;

(b) The Secretary of the Commission; and

122.11 If a response is served pursuant to §122.10, the responding party shall give notice to other parties expecting a response, that a copy may be inspected by applying to the Secretary of the Commission.

122.12 Large volumes of materials to be examined in response to a request may be made available for examination at reasonable times at the responding party's offices.

122.13 Data responses, to the extent possible, shall be submitted in the requested format, including machine readable forms. All data responses shall identify the name and the title of the person sponsoring the response.

History

SOURCE: Final Rulemaking published at 28 DCR 2984, 3001 (July 3, 1981); as amended by Final Rulemaking published at 29 DCR 2719 (June 25, 1982); by Final Rulemaking published at 33 DCR 2229 (April 11, 1986); by Final Rulemaking published at 39 DCR 5117, 5120 (July 10, 1992); and by Final Rulemaking published at 42 DCR 2340, 2341 (May 12, 1995).

15 DCMR § 123 OBJECTIONS TO REQUESTS AND MOTIONS TO COMPEL

123.1 Unless otherwise ordered by the Commission, the time for serving a notice of objection or notice of unavailability to all or any part of a request for production of documents, data requests, or interrogatories, shall be five (5) days after service of the request. The notice of objection shall state in substance the nature of the objection. One copy of the notice of objection or notice of unavailability shall be submitted to the Secretary of the Commission.

123.2 Motions to compel responses to requests for production of documents, data requests, interrogatories, and other discovery actions shall not be entertained unless filed within five (5) days after service of the response, or five (5) days after service of a notice of objection by opposing counsel. The motion shall state in substance the factual and legal grounds for the action.

History

SOURCE: Final Rulemaking published at 28 DCR 2984, 3002 (July 3, 1981); as amended by Final Rulemaking published at 39 DCR 5117, 5122 (July 10, 1992).

15 DCMR § 124 SUBPOENAS

124.1 Subpoenas for the attendance of witnesses may be issued by a member of the Commission or a member of the Staff designated by the Commission, upon application in writing.

124.2 Subpoenas for the production of books, records, papers, or other documents may be issued by the Commission upon application in writing.

124.3 Subpoenas issued pursuant to §124.2 shall be under the seal of the Commission, upon a form approved and provided by the Commission, and shall so describe the document ordered to be produced as to permit ready identification.

124.4 A subpoena may be served in the same manner and by any person authorized by the Civil Rules of the Superior Court of the District of Columbia.

124.5 If service of a subpoena is by a United States Marshal or his or her deputy, that service shall be evidenced by his or her return thereon.

124.6 If service is made by any other person, that person shall note the manner, place, and time of service, and shall return the affidavit on or with the original copy of the subpoena.

History

SOURCE: Final Rulemaking published at 28 DCR 2984, 3003 (July 3, 1981); as amended by Final Rulemaking published at 39 DCR 5117, 5122 (July 10, 1992).

15 DCMR § 125 DEPOSITIONS: GENERAL PROVISIONS

125.1 The Commission may, either on its own initiative, pursuant to a prehearing conference, or upon proper motion of a party to a proceeding, issue an order to take a deposition.

125.2 A motion to take a deposition shall be filed with the Commission no less than ten (10) days before the proposed date for taking the deposition, unless the Commission shall permit otherwise.

125.3 The motion shall set forth the reason for the deposition, the place and time of taking, the names and addresses of the deponents, and whether the deposition is to be based upon written interrogatories or upon oral examination.

125.4 If the deposition is to be based upon oral examination, the motion shall contain a statement of the subject-matter concerning which each deponent will testify.

125.5 If the deposition is to be based on written interrogatories, the motion shall be accompanied by the interrogatories to be propounded.

125.6 Copies of all motions to take depositions, and accompanying interrogatories, if any, shall be served on all parties.

125.7 A party served with a motion to take a deposition may object to the taking of the deposition by filing with the Commission and serving upon all parties within five (5) days after receipt of the motion to take a deposition, a notice of the objection stating the reasons therefor.

125.8 A party served with a motion to take a deposition on written interrogatories shall have five (5) days, or any other time as the Commission may permit, after receipt of service of that motion, within which to file and serve written cross- interrogatories.

125.9 An application to take a deposition in a foreign country shall be entertained when necessary or convenient, and authority to take such deposition shall be granted upon such notice and other terms and directions as are lawful and appropriate.

125.10 Depositions shall be filed with the Commission before they are offered as evidence. No deposition shall constitute a part of the record in any proceeding until received in evidence at a hearing, unless, prior to the final submission of the case, the Commission determines otherwise.

History

SOURCE: Final Rulemaking published at 28 DCR 2984, 3003 (July 3, 1981).

15 DCMR § 126 CONDUCT OF DEPOSITIONS

126.1 The court reporter before whom the deposition is to be taken shall put the deponent under oath or affirmation and shall personally, or by someone acting under his or her direction and in his or her presence, record the testimony of the deponent.

126.2 The testimony shall be transcribed unless the parties agree otherwise.

126.3 All objections made at the time of the examination to the manner of taking the deposition or the evidence presented, or to the conduct of any party, and any other objections to the proceedings, shall be noted by the court reporter upon the deposition. Evidence objected to shall be taken subject to the objections.

126.4 Any party served with a notice to take an oral deposition, may cross-examine a deponent whose testimony is taken under that deposition. In lieu of cross-examination, parties served with notice of taking a deposition may transmit written interrogatories or cross-interrogatories to the court reporter taking the deposition, who shall propound them to the deponent and record the answers verbatim together with any objection interposed thereto by adverse parties.

126.5 When the testimony is fully transcribed the deposition of each deponent shall be submitted to him or her for examination and shall be read to or by him or her.

126.6 Any changes in form or substance which the deponent desires to make shall be entered upon the deposition by the court reporter with a statement of the reasons given by the deponent for making them.

126.7 The deposition shall then be signed by the deponent, unless the parties by stipulation waive the signing or the deponent is ill or cannot be found or refuses to sign.

126.8 If the deposition is not signed by the deponent, the court reporter shall sign it and state on the record the fact of the waiver or of the illness or absence of the deponent or the fact of the refusal to sign together with the reason, if any, given therefor; and the deposition may then be used as fully as though signed, unless on a motion to suppress, the Commission holds that the reasons given for the refusal to sign required rejection of the deposition in whole or in part.

126.9 The court reporter taking the deposition shall certify on the deposition that the deponent was duly sworn or put on affirmation by him or her and that the deposition is a true record of the testimony given by the deponent, and that the court reporter is not of counsel or attorney to either of the parties, or interested in the event or the proceeding or investigation.

126.10 The court reporter shall then securely seal the deposition in an envelope endorsed with the title of the action and marked "Deposition of [here insert name of deponent]" and shall promptly send the original and three (3) copies of all exhibits, where practicable, by registered mail to the Commission.

History

SOURCE: Final Rulemaking published at 28 DCR 2984, 3004 (July 3, 1981); as amended by Final Rulemaking published at 39 DCR 5117, 5122 (July 10, 1992).

15 DCMR § 127 WRITTEN TESTIMONY

127.1 In addition to complying with the rules relating to pleadings, and unless otherwise ordered by the Commission, written testimony shall include the following.

(a) A statement identifying the witness;

(b) A statement of occupational history;

(d) A statement of qualification to give testimony before the Commission;

(e) A statement of the subject area and purpose of the testimony;

(f) A statement, setting forth an explanation of any exhibits accompanying such testimony, including identification of the source materials used in preparing any such exhibits; and

(g) A statement as to whether any such exhibits were prepared by the witness or under his direction.

127.2 All written testimony shall contain line numbers on each page in the lefthand margin and shall be subject to the rules regarding preparation and numbering of exhibits.

History

SOURCE: Final Rulemaking published at 28 DCR 2984, 3006 (July 3, 1981).

15 DCMR § 128 PARTIES WITH COMMON INTERESTS

128.1 Parties with common interests or positions are encouraged to align themselves to make joint oral and written presentations, including briefing and presentation of evidence.

128.2 Any alignment of parties shall be without derogation to the right of any party to present a separate point of view where the party position differs from that of the group to which he or she is aligned.

128.3 In making any filing where more than one party is in agreement, the parties may jointly file, and in that case, the party filing shall clearly designate the parties who join therein.

128.4 Subject to the approval of the Commission, any and all of the parties may, by stipulation in writing filed with the Commission or presented at a hearing, state their agreement upon any matter in a proceeding.

History

SOURCE: Final Rulemaking published at 28 DCR 2984, 3006 (July 3, 1981).

15 DCMR § 129 STATUS CONFERENCES

129.1 Upon the motion of any party or upon its own motion, the Commission may convene a status conference.

129.2 Participants shall be prepared to discuss procedural and substantive matters involved in the proceeding, and shall be authorized to make commitments with respect to those matters.

129.3 Among specific items to be discussed are stipulations as to facts, authentication of documents, procedural dates, and limitation of issues and witnesses. Participants shall be prepared to resolve any other matters as may aid in the disposition of the proceeding.

129.4 A status conference order setting forth the proceeding may be prepared.

129.5 Any participant who fails to attend a status conference of which the participants have due notice shall, with respect to any matters reasonably encompassed in the notice of the conference, be considered to have waived any objections to any agreement reached or ruling made.

History

SOURCE: Final Rulemaking published at 28 DCR 2984, 3007 (July 3, 1981).

15 DCMR § 130 SETTLEMENT AND STIPULATION CONFERENCES

130.1 Unless otherwise ordered, counsel for the Staff shall not initiate arrangements for an initial settlement conference. Staff shall not schedule a conference prior to any deadlines which may exist for filing petitions to intervene in or to become a party to a proceeding.

130.2 Staff shall file a report on the outcome of the initial settlement conference within ten (10) days after the convening of the conference.

130.3 The initial settlement conference scheduled by the Staff under this section shall not preclude the parties from meeting at any other times as they deem necessary for the purpose of settlement and stipulation.

130.4 All parties shall be allowed to file proposed orders on matters of agreement.

130.5 All parties participating in settlement conferences shall do so either personally or through representatives empowered to act on behalf of the party and ultimately bind the party to any settlement.

130.6 Statements made and documents considered by parties during the course of settlement negotiations and conferences shall be confidential and non-discoverable, and shall not be admissible as evidence or raised in arguments by parties.

130.7 All filings contemplated under this section shall recite, in addition to the matters agreed upon at the conference, the date, time, and place of the conference, and the names of the parties in attendance.

130.8 A party may waive the confidentiality of its own disclosures. A party who has made public disclosures about matters that have also been considered in settlement negotiations and conferences may be deemed to have waived the confidentiality of its own disclosures, but not those of other parties.

130.9 In order to ensure the confidentiality of settlement proceedings, persons who are not parties may be excluded from settlement conferences and negotiations.

130.10 Settlements may be presented at any time prior to the issuance of a final decision. When a settlement is presented to the Commission, the settlement shall do the following:

(a) Be reduced to writing;

(b) Contain all of the terms and conditions agreed upon by the signatories;

(d) Be clearly and accurately labeled partial or full;

(e) Indicate whether any party who has not executed the settlement will oppose its adoption;

(f) Indicate whether the provisions of the agreement are severable; and

(g) Stipulate the admission into evidence of testimony and exhibits filed in the proceeding by the signing parties; Provided, that in the case of a partial settlement, only testimony and exhibits related to the settled matters shall be stipulated to for admission into evidence.

130.11 A full settlement presented in a base rate change application or other contested case, which would have an impact on a utility's customers, competitors, or the public, shall only be accepted after a hearing on whether the settlement is in the public interest.

130.12 At the hearing held pursuant to §130.11, non-signatory parties shall be provided the opportunity to cross-examine the witness(es) tendered by the signatory parties on whether the settlement agreement is in the public interest.

130.13 A Commission decision to adopt a nonunanimous settlement as a resolution on the merits shall be based upon substantial evidence upon the record.

130.14 A party who does not sign settlement documents may not defeat or challenge a settlement simply by refusing to sign the document.

130.15 A settlement which fully or partially resolves a proceeding, before the Commission, shall have no precedential effect on future proceedings.

130.16 Given the negotiated nature of a settlement, the Commission shall either accept or reject a settlement in its entirety, unless the parties have specifically stated that the provisions of the settlement are severable.

130.17 If a settlement is rejected, the Commission may take various steps, including the following:

(a) Allow the parties time to renegotiate a settlement;

(b) Propose alternative terms to the parties and allow the parties a reasonable time within which to elect to accept such terms or request other relief; or

History

SOURCE: Final Rulemaking published at 28 DCR 2984, 3007 (July 3, 1981); as amended by Final Rulemaking published at 42 DCR 2340, 2341 (May 12, 1995); and by Final Rulemaking published at 39 DCR 5117, 5122 (July 10, 1992).

15 DCMR § 132 CONDUCT OF HEARINGS

132.1 Evidence shall be presented by those participating in the sequence set forth in the Order and Report on Prehearing Conference.

132.2 Continuances, extensions of time, and adjournments may be ordered by the Commission, or its presiding officer, upon written motion of a party or upon its own motion.

132.3 If, in the judgment of the presiding officer, convenience or necessity so require, he or she may, after opening a hearing, postpone the hour or change the place thereof without the requirement of a motion.

132.4 Motions made during a hearing may be oral; Provided, that the following motions shall be in writing:

(a) Motions to dismiss;

(b) Motions requesting a more sufficient pleading;

(d) Motions to strike objectionable written matter other than pre-filed testimony;

(e) Motions for the addition of parties or dismissal of improper parties; and

(f) Motions to quash a subpoena.

132.5 All written motions affecting the conduct of a hearing shall be filed not later than three (3) business days before the scheduled hearing date.

132.6 If a party desires to file a written motion less than three (3) business days before the hearing, that party shall request permission from the Commission.

132.7 Respondents shall file the answers to motions by 3:45 p.m. on the business day immediately preceding the scheduled hearing date.

132.8 There shall be submitted to the Commission or the presiding officer no later than 10:00 a.m. on the first day of hearings a list of the witnesses that are scheduled to appear before the Commission on that day and the following day, and an identification of the material and subject areas on which each witness is to be examined.

132.9 The list of witnesses shall be cumulative and shall be submitted no later than 10:00 a.m. on each succeeding day of hearings.

132.10 Unless otherwise ordered, the Commission Secretary shall be responsible for submitting the list of witnesses. Upon agreement of counsel for the parties and upon approval of the Commission, witnesses with particular scheduling constraints may be presented at a hearing at a prearranged date and time.

132.11 Counsel and all other participants other than witnesses testifying shall stand while addressing the Commission and witnesses. Not more than one counsel for each party shall be entitled to examine any one witness or address the Commission on any one matter without the permission of the Commission.

132.12 Whenever a party plans to utilize data or information alleged to be confidential or proprietary, the party shall advise the Commission in advance to avoid disclosure of the information to persons or parties who have not executed a confidentiality agreement under § 150.2 of this chapter.

History

SOURCE: Final Rulemaking published at 28 DCR 2984, 3008 (July 3, 1981); as amended by Final Rulemaking published at 39 DCR 5117, 5125 (July 10, 1992).

15 DCMR § 133 EXHIBITS

133.1 All direct and rebuttal testimony shall be prepared in the form of written exhibits.

133.2 All revisions and corrections to case-in-chief and rebuttal exhibits shall be presented by way of replacement pages and submitted no later than five (5) business days prior to the beginning of hearings. Only the correction of minor typographical errors shall be allowed after this period. Each replacement page shall be identified in the heading as such and identify the date it was submitted.

133.3 The title of each exhibit shall state concisely what the exhibit contains.

133.4 Exhibits containing prepared written testimony shall contain line numbers on each page in the left-hand margin. All such testimony shall be authenticated by an appropriate affidavit of the witness. An exhibit containing rebuttal testimony shall also include the exhibit, page and line numbers of the evidence that it purports to rebut.

133.5 Case-in-Chief exhibits and rebuttal exhibits shall be served on each party, and thirteen (13) written copies shall be filed with the Secretary for use by the Commission and its staff. In addition, one (1) written copy shall be served on each Commission agent and consultant previously identified by the Commission's Secretary or General Counsel.

133.6 Narrative testimony and exhibits shall be marked with a tab in the filed written version and a bookmark in the electronic PDF version required under Sections 118 and 119 of this chapter and be identified prior to filing as follows:

(a) The name of the party shall be set forth on each exhibit in the form of an acronym or initials (e.g., OPC, PEPCO, WGL, VZ-DC, DCG, PSC, GSA, AOBA);

(b) When the document to be filed is the testimony of a witness, each set of the testimony shall, following the party's initials, bear a letter (in upper case); thus, the first witness of the Company shall have his or her testimony identified, for example, as PEPCO (A); the second witness, PEPCO (B), and so on. Each witness shall retain the same letter; however, the first witness' second set of testimony shall be lettered (2A) and so on;

(c) If there is an exhibit attached on the testimony of the witness, that exhibit shall bear an Arabic number. Thus, the first exhibit of the first witness would be marked, for example, PEPCO (A)-1. His or her second exhibit shall be marked, for example, PEPCO (A)-2, and so on. Any exhibit attached to the second set of testimony of a witness would be marked, for example, PEPCO (2A)-1; and

(d) If there is no testimony submitted with the exhibit, then the exhibit shall merely bear the capitalized initials of the party and be numbered sequentially with Arabic numbers (e.g., PEPCO-1).

133.7 The Commission may, at the hearing, sequentially number all exhibits by the insertion of a prefix number before the letters of the party.

133.8 Not later than 9:30 a.m. of the morning of a hearing, there shall be provided to all parties, Commissioners and agents, a list of all cross-examination exhibits that the party proposes to introduce on the record. This list shall be accompanied by copies of those exhibits in electronic and written versions. Each exhibit shall be marked with a tab in the filed written version and a bookmark in the electronic PDF version and otherwise comply with Section 119 of this chapter.

133.9 As subsequent filings are made, the list of cross-examination exhibits shall be cumulatively updated. Any party proposing to use a document in examination of a witness shall have it marked for identification and shall distribute copies to the Commission, for the record, and to the parties by 10:00 a.m. the day of the hearing.

133.10 The list of cross-examination exhibits shall contain the following information:

(a) The caption and docket number of the case;

(b) A title showing the party proponent of the list and the date of the list and the date of the list it supersedes, if any;

(d) A description of the document in the second column.

133.11 Documents, including, cross-examination exhibits, containing allegedly confidential or proprietary information shall be identified with a title which is not confidential or proprietary, thus permitting reference to the document in a manner which does not raise confidentiality issues. Only the confidential pages should be filed confidentially and they should be identified in the heading as “confidential” versions of the “public” pages they reproduce in full.

133.12 Each party shall, for the formal record, submit within two business days of the close of the hearing in each case an original and two fully corrected sets of its case-in-chief, supplemental and/or rebuttal testimony and exhibits (“conformed testimony”) in a single document, as well as a final list of all cross-examination exhibits introduced on the record accompanied by copies of those exhibits in a single document.

History

SOURCE: Final Rulemaking published at 28 DCR 2984, 3009 (July 3, 1981); as amended by Final Rulemaking published at 29 DCR 2719, 2729 (June 25, 1982); as amended by Final Rulemaking published at 33 DCR 3267 (July 1, 1983); as amended by Final Rulemaking published at 39 DCR 5117, 5125 (July 10, 1992); as amended by Final Rulemaking published at 42 DCR 2340, 2341 (May 12, 1995); as amended by Final Rulemaking published at 64 DCR 4991 (May 26, 2017). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 133

15 DCMR § 134 ADMISSION OF EVIDENCE

134.1 The Federal Rules of Evidence shall be applied in formal hearings; Provided, that the presiding officer, or the Commission may, after informing the parties of an intention to do so, relax those rules in any hearing when, in his, her, or its judgment, the ends of justice would be better served by so doing.

134.2 Formal exceptions to rulings of the presiding officer, or of the Commission, are unnecessary. It is sufficient that a party, at the time the ruling is made or sought, makes known the action which he or she desires to be taken, or his or her objection to an action taken, and his or her grounds for such action or objection.

134.3 The Commission may, in its discretion, limit the cross-examination of any witness.

134.4 Where written matter offered in evidence is embraced in a document containing another matter which is not intended to be offered in evidence, the offering party shall present the original document for inspection at the hearing, and shall offer an exact copy of the matter which is to be introduced, unless the presiding officer, or the Commission, determines that the matter is short enough to be read into the record. Other parties shall be afforded opportunity to introduce in evidence, in like manner, other portions of the original document.

134.5 When any portion of the record before a body other than the Commission is offered in evidence, true copies of that portion shall be presented for the record in the form of an exhibit, or that portion may, without objection, be incorporated in the record by reference.

134.6 For purposes of this section, true copies of the official record of the Commission may be certified in writing by the Commission Secretary or by any attorney authorized to practice before the Commission.

History

SOURCE: Final Rulemaking published at 28 DCR 2984, 3011 (July 3, 1981); as amended by Final Rulemaking published at 39 DCR 5117, 5125 (July 10, 1992).

15 DCMR § 135 TRANSCRIPTS OF HEARINGS

135.1 An official court reporter designated by the Commission shall make an official transcript of the testimony taken.

135.2 After the close of the hearing this transcript, together with any exhibits, briefs, or other documents filed in the proceeding, shall be filed with the Secretary of the Commission.

135.3 Parties desiring copies of the official transcript shall arrange to secure those copies from the Commission.

135.4 Motions to correct the official transcript shall be acted upon by the Commission or the presiding officer designated to conduct the hearing.

135.5 Motions to correct the record shall be filed with the Commission within ten (10) days after the receipt of the transcript of the final day of hearings in the proceeding.

History

SOURCE: Final Rulemaking published at 28 DCR 2984, 3012 (July 3, 1981).

15 DCMR § 136 WITNESS FEES

136.1 Each witness who shall appear before the Commission or the presiding officer pursuant to an order for deposition or subpoena, shall receive the same fee for attendance and mileage as is currently paid to witnesses by the District of Columbia Superior Court.

136.2 No witness subpoenaed by the Commission at the request of any party shall be entitled to compensation for attendance or travel unless the Commission shall certify that the witnesses testimony was material to the matter investigated, and that attendance as a witness was reasonably necessary.

History

SOURCE: Final Rulemaking published at 28 DCR 2984, 3012 (July 3, 1981).

15 DCMR § 137 POST-HEARING BRIEFS

137.1 Post-hearing briefs shall be filed at such times as shall be fixed by the Commission or the presiding officer in each case.

137.2 The applicant shall brief all issues designated by the Commission in the Report and Order on Pre-hearing Conference and any other issues designated by the Commission during the proceeding.

137.3 All post-hearing briefs shall contain a title sheet clearly identifying the parties submitting the brief, including name and title, local address, and local telephone number.

137.4 A subject index with page references and a list of all authorities cited alphabetically arranged with page references shall be included.

137.5 Authorities most heavily relied upon shall be asterisked. Lengthy quotations from any records or from authorities shall not be included.

137.6 The Commission may reject briefs unnecessarily prolix or which do not conform to the rules of the Commission.

137.7 Each participant proposing adjustments to test year expenses, rate base, revenues or rate of return, shall include, as an appendix to the initial post-hearing brief or memorandum, a schedule listing each proposed adjustment beginning with the applicant's original unadjusted test year presentation, and including the accepted adjustments of all other participants.

137.8 The schedule shall specifically refer to evidence of record which reflects the details of all calculations that support the proposed adjustments. The schedule shall show the impact on the income deficiency or excess earnings, rate base and revenue requirement.

137.9 When an intervening participant submits testimony on a specific issue and does not adopt the evidence of other participants on the remaining issues, the intervening participant shall only prepare a schedule on the issues addressed in the participant's testimony and evidence.

History

SOURCE: Final Rulemaking published at 28 DCR 2984, 3013 (July 3, 1981); as amended by Final Rulemaking published at 36 DCR 5651 (August 4, 1989).

15 DCMR § 138 PROPOSED FINDINGS AND CONCLUSIONS

138.1 Each party to the proceeding, after the close of the record within the time prescribed for post-hearing briefs, or as otherwise directed by the Commission shall serve on all parties and file with the Commission proposed findings of fact and conclusions of law for consideration by the Commission.

138.2 The proposed findings of fact and conclusions of law shall be referenced to the record of the proceedings.

138.3 The proposed findings of fact and conclusions of law may be included in the post hearing briefs required by this section.

History

SOURCE: Final Rulemaking published at 28 DCR 2984, 3013 (July 3, 1981).

15 DCMR § 139 ORAL ARGUMENT

139.1 The Commission or presiding officer, in its discretion, may permit or require oral argument during or at the close of a hearing or on any brief, memorandum, motion, application, or petition filed.

139.2 Arguments on the admissibility of evidence or other oral argument during the course of the taking of testimony shall be made on the record.

139.3 The formal oral argument of a case shall be reported in the official transcript.

History

SOURCE: Final Rulemaking published at 28 DCR 2984, 3014 (July 3, 1981).

15 DCMR § 140 RECONSIDERATION

140.1 Any person affected by any final order or decision of the Commission may, within thirty (30) days after the publication of the order or decision, file with the Commission an application in writing requesting a reconsideration or modification of the matters involved. (See Paragraph 64 of the Act of March 4, 1913, as amended, D.C.Code §43-904 (1981 Ed.))

140.2 Applications for reconsideration or modification shall set forth specifically the grounds on which the applicant considers the order or decision of the Commission to be unlawful or erroneous.

140.3 Responses to applications for reconsideration or modification shall be considered by the Commission only if filed with the Commission within five (5) business days after receipt of the application.

140.4 The Commission may, in its discretion, permit or require oral argument or briefs or both upon application for reconsideration or modification.

140.5 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.

140.6 If the application is granted, the Commission shall, after notice to all parties, either with or without a hearing, rescind, modify, or affirm its order or decision.

140.7 The filing of an application for reconsideration 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.

140.8 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.

History

SOURCE: Final Rulemaking published at 28 DCR 2984, 3012 (July 3, 1981); as amended by Final Rulemaking published at 29 DCR 2719, 2720 (June 25, 1982).

15 DCMR § 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.

History

SOURCE: Final Rulemaking published at 61 DCR 8961 (August 29, 2014). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 141

15 DCMR § 142 [RESERVED]

15 DCMR § 143 [RESERVED]

15 DCMR § 144 DECLARATORY ORDERS

144.1 Upon written petition of any interested person, the Commission, within its discretion, may issue a declaratory order regarding the applicability of any rule, regulation, or statute enforceable by it, to terminate a controversy (other than a contested case) or to remove uncertainty.

144.2 A declaratory order, as provided in this section, shall be binding between the Commission and the petitioner as to a particular set of facts and circumstances unless such order is altered or set aside by a court.

144.3 A declaratory order is subject to review in the manner provided in D.C. Code, title 43, Chapter 9 for the review of orders and decisions, except that the refusal of the Commission to issue a declaratory order shall not be subject to review.

144.4 Each petition shall contain the following information:

(a) The name and address of petitioner;

(b) A clear and concise statement of facts and issues upon which the petition is based, and the position and interest of the petitioner;

(c) A reference to the specific section or sections of the statute, rule, or regulation, for which a declaratory order is sought;

(d) Signature of petitioner; and

(e) The signatory's address and telephone number.

144.5 The Commission may decline to issue a declaratory order in its discretion and will not consider requests based upon hypothetical facts, past transactions, or nameless parties.

History

SOURCE: Final Rulemaking published at 34 DCR 2034 (March 27, 1987).

15 DCMR § 145 ADVISORY OPINIONS

145.1 Any employee of the Commission or person may apply to the Office of General Counsel for an advisory opinion as to the interpretation or applicability of any Commission rule or action. Advisory opinions requested in writing or rendered in writing by the Office of General Counsel in the course of a pending proceeding shall be forwarded to all parties of record.

History

SOURCE: Final Rulemaking published at 29 DCR 97 (January 1, 1982).

15 DCMR § 146 WAIVER

146.1 The Commission may upon request, or on its own initiative after notice to the parties of its intention do so, waive any provision of this chapter for good cause.

History

SOURCE: Final Rulemaking published at 28 DCR 2984 (July 3, 1981); as amended by Final Rulemaking published at 67 DCR 11091 (September 18, 2020). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 146

15 DCMR § 147 FILING REQUIREMENTS

147.1 All entities filing one of the applications listed below must include with their application a draft Order approving the application. This draft Order must be filed electronically in the format approved by the Commission. The following applications are subject to this requirement:

(a) Applications to become a competitive local exchange carrier pursuant to Chapter 25 of the Commission's rules;

(b) Applications to transfer or assign competitive local exchange carrier certifications pursuant to section 2512 of the Commission's rules;

(c) Applications for approval of a negotiated, mediated, or arbitrated interconnection agreement pursuant to Chapter 26 of the Commission's rules;

(d) Applications for abandonment of service or certification pursuant to Chapter 27 of the Commission's rules;

(e) Applications for electricity suppliers required by Order No. 11796; and

(f) Applications for gas suppliers required by Order No. 12709.

History

SOURCE: Final Rulemaking published at 52 DCR 10185 (November 18, 2005).

15 DCMR § 148 [RESERVED]

15 DCMR § 149 [RESERVED]

15 DCMR § 150 CONFIDENTIAL OR PROPRIETARY INFORMATION

150.1 Any materials submitted by a party which it claims are confidential or proprietary shall be filed under seal and shall not be used except in connection with the proceeding in which the material is filed.

150.2 All submissions filed under seal shall include a request for confidential or proprietary treatment, including justification for such request. Such requests shall state with specificity the grounds upon which the request is based.

150.3 All requests for confidential or proprietary treatment shall be presumed granted unless the Commission on its own, or in response to a Confidential/Proprietary Information Determination, determines that confidential or proprietary treatment is not justified. In making that determination, the Commission shall follow the procedures set forth in Section 150.7 or Section 150.8 of this chapter.

150.4 All submissions filed under seal shall be made available only to parties and persons who have signed an appropriate confidentiality or proprietary agreement with the party claiming that its information is confidential or proprietary. Information obtained pursuant to the execution of confidentiality or proprietary agreement shall be held solely for use in or in preparation of filings, including briefs, comments, documents, exhibits, data responses, cross-examination, other pleadings, petitions for reconsideration or appeals in the regulatory proceeding in which the information was originally obtained.

150.5 If any party uses confidential or proprietary information in filings, such as briefs, comments, testimony, exhibits, data responses, cross-examination or other documents, to be filed in a proceeding in which the information is obtained pursuant to a confidentiality or proprietary agreement, the following shall apply:

(a) A confidential version of the filings containing the alleged confidential or proprietary information shall be filed, consistent with Sections 100 and 113 of these rules, with the Office of the Commission Secretary;

(b) Direct or cross-examination by any party involving information which another party alleges to be confidential or proprietary shall be conducted during proceedings which shall be closed to all those who have not signed an appropriate proprietary or confidentiality agreement; provided, that there has been no prior Commission determination that such information is not confidential or proprietary. Two transcripts of the proceeding shall be prepared and filed with the Commission Secretary; one that shall include the confidential or proprietary information and one that shall exclude the confidential or proprietary information. The Office of the Commission Secretary shall maintain the transcript of the proceeding containing the confidential or proprietary information as confidential; and

(c) If any party challenges the appropriateness of a claim that information is confidential or proprietary, the procedures set forth under Subsection 150.7 of this chapter shall apply.

150.6 If a party who has not signed a confidentiality or proprietary agreement with the party claiming its information is confidential or proprietary desires to obtain confidential or proprietary information from a party that has the information, either through data requests, during cross-examination, or through sealed briefs, comments, testimony, exhibits, or other such documents, the requesting party shall:

Contact the party claiming its information is confidential or proprietary for an appropriate confidentiality or proprietary agreement, which shall be signed and returned to the party; or

File with the Commission for a Confidential/Proprietary Information Determination under Section 150.7.

150.7 If at any time during a Commission proceeding a party wishes to challenge a claim of the party who asserts that its information is confidential or proprietary, the following procedures shall apply:

The party challenging the claim that information is confidential or proprietary shall file with the Commission for a Confidential/Proprietary Information Determination, which shall consist of a request for a ruling on whether the particular information is confidential or proprietary, hereafter referred to as “Confidential/Proprietary Information Determination Request” (“CPID Request”). The CPID Request shall be filed with the Commission Secretary and served on the party claiming that the information sought is confidential or proprietary and on the signatories to the confidentiality or proprietary agreement. Parties to the proceeding who have not signed the confidentiality or proprietary agreement shall only receive notice from the filing party that a CPID Request has been filed in lieu of a copy of the filing;

When any CPID Request has been filed, the party claiming that its information is confidential or proprietary shall deliver under seal all of the relevant documents to the Commission Secretary for an in camera inspection by the Commission and shall also deliver to the Commission Secretary the relevant confidential or proprietary agreements signed by each party permitted access to the alleged confidential or proprietary information;

The party claiming that its information is confidential or proprietary shall, within five (5) days after the filing of the CPID Request, file an initial brief stating in detail the basis of its claim. Within five (5) days thereafter, the party that filed a CPID Request shall file a brief in response to the initial brief of the party claiming that its information is confidential or proprietary. Within three (3) days after the filing of the brief in response, the party claiming that its information is confidential or proprietary may file a reply brief. If either the initial or reply brief of the party claiming that its information is confidential or proprietary, or the brief in response of the party challenging the claim, uses information that allegedly is confidential or proprietary, those briefs shall be filed under seal. In that instance, the parties shall not be required to file a public version of their briefs;

The burden of ultimately persuading the Commission that the subject information is confidential or proprietary is upon the party claiming that its information is confidential or proprietary; and

(e) A party shall not make public information regarding the disputed confidential or proprietary information until a ruling is received from the Commission. Following the ruling, the information shall be made available only in accordance with the Commission’s ruling; provided that an application for reconsideration of the Commission’s order filed by the party claiming that the information is confidential or proprietary will act as a stay of such order pending reconsideration.

8 The Commission, in any proceeding before it, may, at its option, elect to require that a party claiming that its information is proprietary or confidential substantiate its claim. If the Commission so elects, then the following procedures shall apply:

(a) The Commission shall issue an order notifying the party claiming that its information is confidential or proprietary and any signatories to the confidentiality or proprietary agreement that the party must substantiate its claim before the Commission;

(b) The party claiming that its information is proprietary or confidential shall file an initial brief stating in detail the basis of its proprietary or confidential claim within five (5) days of the notification;

(c) Within five (5) days thereafter, any party may file a brief in response to the initial brief filed by the party claiming that its information is proprietary or confidential;

(d) Within three (3) days of that filing, the party claiming that its information is confidential or proprietary may file a reply brief. If either the initial or reply brief of the party claiming that its information is confidential or proprietary, or the brief of any other party, uses information that is proprietary or confidential, those pleadings shall be filed under seal. In that instance, the parties shall not be required to file a public version of their briefs;

(e) The burden of ultimately persuading the Commission that the subject information is confidential or proprietary is upon the party claiming that its information is confidential or proprietary; and

(f) A party shall not make public information regarding the disputed confidential or proprietary information until a ruling is received from the Commission. Following the ruling, the information shall be made available only in accordance with the Commission's order; provided, that an application for reconsideration of the Commission's order filed by the party claiming that its information is confidential or proprietary will act as a stay of such order pending reconsideration.

150.9 If an appeal is taken from a final Commission order in the proceeding, all information under seal at the time shall remain under seal until the appellate court issues a final order on the appeal.

150.10 The parties retain the right to object to the admissibility of any specific confidential or proprietary information on any proper grounds, including relevancy or materiality to the proceeding.

150.11 When the Commission’s order in the proceeding is final and no longer subject to appeal, the sealed portion of the Commission’s record shall be retained under seal by the Commission. All parties and persons having material furnished pursuant to a confidentiality or proprietary agreement (including, but not limited to, notes or records made from such material) or copies of confidential documents kept under seal by the Commission during the course of such proceeding (including, but not limited to, briefs, comments, testimony, exhibits, transcripts, and data responses) shall, upon request by the party claiming that its information is confidential or proprietary, deliver all such material to that party.

150.12 Access to the documents kept under seal by the Commission shall be limited to the Commission, its staff, its agents, and those parties to the proceeding in which the request is made who have executed a confidentiality or proprietary agreement.

150.13 All persons or parties executing a confidentiality or proprietary agreement shall be responsible for the protection of the confidential or proprietary information in their control.

History

SOURCE: Final Rulemaking published at 39 DCR 5117, 5125 (July 10, 1992); as amended by Final Rulemaking published at 61 DCR 1960 (March 7, 2014); as amended by Final Rulemaking published at 66 DCR 0659 (January 18, 2019). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 150

15 DCMR § 151 CRITICAL INFRASTRUCTURE INFORMATION

151.1 If a party or an intervenor makes a request for information from a public utility company (“Company”) during the course of a Commission investigation or proceeding and the Company objects to the production of the requested information because it deems the requested information to be “critical infrastructure information” (“CII”), and the requesting party files a motion to compel the production of the requested information, the following procedures shall be applied:

Within five (5) days from the date that a motion to compel disclosure of the information is filed, the Company shall file with the Office of the Commission Secretary a confidential filing that identifies the materials that it deems to be “critical infrastructure information” (“CII”) for which it is seeking privileged material protection. The filing shall contain the following information:

A sealed copy of the requested information for the Commission’s inspection in camera or, a description of the information requested and an explanation for why the information is not being filed at this time;

An explanation of the internal measures that are currently in place to protect the requested information;

A statement of whether the information is currently being provided to any non-company personnel and, if so, to whom and under what circumstances;

A statement of whether any special level of security clearance is required to view all or a portion of the requested information;

A copy of a Non-Disclosure Agreement setting out the terms and conditions under which the requested information would be provided, or an explanation of why a Non-Disclosure Agreement would not suffice to protect the requested information and no Non-Disclosure Agreement is being provided;

An explanation of the alternative controls, if any, pursuant to which the Company would make available the requested information;

Any other information that the Company believes is relevant to its request to protect the requested information; and

A sworn affidavit signed by an Executive Officer of the Company attesting to the information being submitted.

The Company shall also file in the Office of the Commission Secretary a public version of its filing with a notation and shall serve a copy of its filing on the requesting party.

Within five (5) days of receiving the Company’s filing, the requesting party shall file a response with the Office of the Commission Secretary. The response shall contain the following information:

The name of the requesting party and the names, titles and company affiliations of each person who would be granted access to the requested information;

The reason(s) that the requested information is needed, including why it is relevant and material to the subject matter of the investigation or the proceeding at the Commission;

The reason(s) why the requesting party should be granted access to the requested information, including whether the requesting party has any requisite security clearance, if applicable;

Whether the requesting party is prepared to sign the Non-Disclosure Agreement provided by the Company and if not, why not;

Whether the requesting party is prepared to accept the alternative controls identified by the Company for the receipt of the requested information;

Any additional information that the requesting party believes is relevant to the request for the information; and

An affidavit from the head of the organization of the requesting party attesting to the information in the response.

If the response contains confidential information, the requesting party shall file a confidential and a public version of the response.

151.2 Within five (5) days after the requesting party has filed its response, either the Company or the requesting party may file a motion requesting an evidentiary hearing. The party making the request shall list in its motion each and every fact in dispute requiring resolution and the reasons therefore. Responses to the motion shall be filed within five (5) days after the motion has been filed.

151.3 The Commission will review the filings made pursuant to §§ 151.1 and 151.2 and conduct an in camera review of the information that has been submitted. The Commission may request additional information from the Company or the requesting party, such information to be provided at the Commission’s option through additional affidavits, through proffers by counsel, or in an evidentiary hearing.

151.4 Within ten (10) days of the receipt of all filings, including supplemental filings where required, the Commission shall issue an order that contains the following determinations:

Whether the Company has met its burden of proving that the requested information is CII and subject to the rules and procedures under Section 151;

If the requested information is deemed CII, whether the Company has justified the restrictions, if any, that it has requested for the disclosure of the information to the requesting party;

If the requested material is CII, whether the requesting party has justified its need for the requested information in light of the sensitivity of the information and has demonstrated that it is eligible to receive the requested information; and

If the Commission determines that a protective order is necessary for the disclosure of the CII, the conditions to be placed on the release of the information.

151.5 Any person may file an application in writing requesting a reconsideration or modification of the matters involved pursuant to the rules for reconsideration set forth in Section 140 of Chapter 1 of the Commission’s rules, except that any application for reconsideration or modification shall be filed within ten (10) days after the issuance of the order or decision.

151.6 If a person that is not a party in an investigation or proceeding before the Commission makes a request of the Commission for information received from a Company that has been deemed CII, or that may be CII, the request shall be handled pursuant to the procedures for a Freedom of Information Act Request as set forth in Chapter 7 of the Commission’s rules.

History

SOURCE: Final Rulemaking published at 61 DCR 854 (January 31, 2014). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 151

15 DCMR § 160 CIVIL FORFEITURE PROCEDURES

160.1 Upon information of any person, or on its own motion, the Commission may investigate and find subject to forfeiture penalties any person or public utility found to have:

(a) Violated or failed to comply with any rule, order, or regulation issued, adopted, or approved by the Commission; or

(b) Violated or failed to comply with the terms and conditions of any license, permit, certificate, or other instrument of authorization issued by the Commission; or

160.2 A forfeiture penalty under this section may be in addition to any other penalty provided for under the laws of the District of Columbia.

160.3 If, after an initial investigation, the Commission believes that a person or public utility is subject to forfeiture under title 34 of the D.C. Official Code, then the Commission shall issue a show cause order directing the person or public utility to comply with any rule, order, regulation, license, permit, certificate, instrument, or any provision(s) within title 34 of the District of Columbia Official Code. If the order remains unabated or not complied with for thirty (30) days, the Commission shall notify the person or public utility that the Commission is instituting forfeiture proceedings against such person or public utility. The Commission shall provide a written Notice of Probable Violation (Notice) reciting the allegations in support of forfeiture. The Notice shall:

(a) Identify each violation with which the respondent is charged;

(b) State the dates on which the violations occurred; and

160.4 Within twenty (20) days of receipt of the Notice, the respondent shall either:

Submit a schedule or a plan for the abatement or correction of the violation, failure, or refusal;

Pay the forfeiture;

File a verified answer explaining why a forfeiture penalty should not be imposed; or

(d) File a verified answer explaining why the proposed forfeiture should be reduced.

160.5 Any verified answer shall include a detailed factual statement supported by such documentation and affidavits as may be relevant. If a verified answer is not filed within twenty (20) days, the respondent shall be deemed in default, and the Commission may order forfeiture without further proceedings. The twenty (20)-day notice period will not be extended absent extraordinary circumstances.

160.6 If after the respondent files a verified answer to the Notice, the Commission determines that material facts are in dispute, the Commission shall schedule a formal hearing before a hearing officer as prescribed by § 120 of this chapter. Parties shall have the right to present evidence and call witnesses under oath. Proceedings shall be recorded or transcribed.

160.7 There shall be a rebuttable presumption of forfeiture. A respondent may rebut the presumption by showing with clear and convincing evidence that either:

(a) No law, order, or regulation imposed upon the respondent the duty to perform as set forth in the notice; or

(b) Forfeiture is unwarranted because the respondent fulfilled his or her obligation to perform.

160.8 The Commission shall issue a Forfeiture Order canceling or reducing the proposed forfeiture or requiring that it be paid in full if the forfeiture penalty has not been paid in full within thirty (30) days after receiving the respondent’s Notice or after the record of the formal hearing closes. Payment of the forfeiture shall be due no more than forty-five (45) days after the forfeiture order becomes final and is no longer subject to reconsideration and appeal. If the forfeiture is not paid, the matter may be referred to the Superior Court of the District of Columbia for enforcement and collection.

160.9 No forfeiture penalty assessed under this section shall be in excess of five thousand dollars ($5,000) for each violation. Each day of violation may be considered a separate and distinct violation as prescribed by D.C. Official Code § 34-708 (2010 Repl.).

160.10 The Commission may compromise any forfeiture penalty consistent with the provisions of D.C. Official Code § 34-706(a) and (c) (2011 Supp.), if applicable.

160.11 The forfeiture shall be paid into the Treasury of the United States to the credit of the General Fund of the District of Columbia.

History

SOURCE: Final Rulemaking published at 59 DCR 1160 (September 28, 2012). 2

15 DCMR § 199 DEFINITIONS

199.1 When used in this chapter, the following terms and phrases shall have the meaning ascribed:

Applicant - a person who files an application for any action by the Commission.

Commission - the Public Service Commission of the District of Columbia.

Complainant - a person who files a complaint with the Commission.

Critical Infrastructure - existing and proposed infrastructure systems and assets, whether physical or virtual so vital to the District of Columbia or the United States that the incapacity or destruction of such infrastructure system or asset could jeopardize the physical security, economic security, health, safety, or welfare of the public.

Critical Infrastructure Information - information not customarily in the public domain that is related to the security of critical infrastructure of companies that are regulated by the Public Service Commission of the District of Columbia including:

actual, potential, or threatened interference with, attack on, compromise of, or incapacitation of critical infrastructure or protected systems by either physical or computer-based attack or similar conduct (including the misuse of or unauthorized access to all types of communications and data transmission systems) that violates Federal, or District of Columbia laws, harms interstate commerce of the United States or the economy of the District of Columbia, or threatens public health or safety;

the ability of any critical infrastructure or protected system to resist such interference, compromise, or incapacitation, including any planned or past assessment, projection, or estimate of the vulnerability of critical infrastructure or a protected system, including security testing, risk evaluation thereto, risk management planning, or risk audit; or

any planned or past operational problem or solution regarding critical infrastructure or protected systems, including repair, recovery, reconstruction, insurance, or continuity, to the extent it is related to such interference, compromise, or incapacitation.

Days - calendar days, unless otherwise expressly defined.

Docket – the Commission’s formal record of a proceeding, including the filings.

Ex Parte Communication - an oral or written communication, not on the public record, which is relevant to the merits of a proceeding and with respect to which reasonable prior notice to all parties has not been given.

File – to submit a filing to the Office of the Commission Secretary, utilizing the “eDocket” system available through the Commission website at www.dcpsc.org, for the purpose of having that filing entered upon the docket of a proceeding.

Filing - any pleading or other document requiring Commission action or attention which is presented to the Commission's Secretary, in accordance with this chapter, for placement in the Commission's General or Formal Docket. (39 DCR 5129).

Full Settlement - a settlement which addresses all of the issues in a contested case. (39 DCR 5129).

Interested Person - with respect to a proceeding means any person who is a party to a matter pending before the Commission or represents a party to any such matter.

Intervenor - a person whose petition to intervene in a proceeding has been granted.

Nonunanimous Settlement - a settlement that is opposed in whole or in part by any of the parties to the case in which such settlement is proposed for adoption by the Commission. (39 DCR 5129).

Partial Settlement - a settlement which addresses some, but not all, of the issues in a contested case. (39 DCR 5129).

Party – a person who appears in and has a direct interest in a proceeding before the Commission. Persons may become parties to proceedings by virtue of filing an application, complaint, or petition initiating the proceeding; by filing a response to an application, complaint, or petition; by statutory right; or by Commission authorization, such as the granting of a petition for intervention.

Person - an individual, partnership, association, firm, corporation, body politic, municipal organization, governmental body, joint stock company, receiver, trustee, official acting in his or her official capacity, or any other organization or institution.

Petitioner - a person who files a petition with the Commission.

Pleading - complaints, cross complaints, amended and supplemental complaints, petitions, applications, answers, written motions, and amendments to any thereof.

Respondent - a person against whom a complaint is made or an order of investigation or an order to show cause is directed.

Secretary - that person appointed by the Commission to receive all filings and to execute all documents on behalf of the Commission.

Settlement - except as to full settlements presented under §130.11, proceedings in which parties have fully agreed to each other's positions and recommendations are not required to be considered settlements and may be expeditiously processed. (39 DCR 5129).

Staff - for purposes of matters before the Commission, the employees of the Commission, excluding those appointed to the Office of General Counsel and those assigned as personal assistants to the Commissioners.

History

SOURCE: Final Rulemaking published at 28 DCR 2984, 2985 (July 3, 1981); as amended by Final Rulemaking published at 39 DCR 5117, 5129 (July 10, 1992); as amended by Final Rulemaking published at 61 DCR 854 (January 31, 2014); as amended by Final Rulemaking published at 66 DCR 0659 (January 18, 2019). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 199 (

15-2 UTILITY RATE CHANGES

15 DCMR § 200 FILING REQUIREMENTS FOR RATE CHANGES

200.1 All rate change applications, other than tariff filings not affecting existing rates, shall include the following information:

(a) A statement of a historical test year and the basis for choosing this test year;

(b) A statement of a proposed test year and the basis for choosing this test year;

(d) A listing of the tariff pages affected by the changes proposed;

(e) A listing of the existing rates and proposed rates for each service for which changes are being proposed;

(f) A full statement and description of any new or revised tariff rules and regulations;

(g) A statement listing the jurisdictional operating revenues of the utility for the historical test year and the proposed test year;

(h) A listing of the total number of jurisdictional customers or accounts served for the historical test year and the proposed test year;

(i) A calculation of the number of jurisdictional customers or accounts in each customer classification whose bills will be affected or a calculation of the average effect of the proposed change on jurisdictional customers in each customer classification based upon data for the historical test year and the proposed test year; and

(j) A calculation of the total proposed revenue change in dollars, by customer classification, projected on an annual basis.

200.2 Whenever, in a rate change application, a party proposes to change the ratemaking principles adopted in its most recent rate case, the party shall also file with its §200.1 filing a statement describing each proposed change in the ratemaking principles adopted by the Commission in the applicant's last general rate proceeding, showing the effect of each such change upon the applicant's request if no such changes were made.

200.3 Any rate change application that proposes to increase a utility's jurisdictional operating revenues by more than one percent (1%) when projected on an annual basis shall include, in addition to the statements required by §§200.1 and 200.2 and §§201 through 213, the following information:

(a) A statement showing the utility's calculation of the jurisdictional rate of return earned or to be earned in the historical test year and the proposed test year;

(b) The anticipated jurisdictional rate of return to be earned when proposed rate changes become effective;

(c) The jurisdictional rate base(s) used in the rate of return calculation supported, if available, by summaries of original cost or other factors used in its determination;

(d) A summary, on a functional basis, of the book value (actual or projected) of the utility's jurisdictional property at the close of the historical test year and the proposed test year;

(e) A statement showing the amount of depreciation reserve, at the close of the historical test year and the proposed test year, applicable to the property summarized in paragraph (d);

(f) A statement of jurisdictional operating income, setting forth the operating revenues and expenses by accounts, for the historical test year and the proposed test year;

(g) A brief description of and basis for any major change affecting the utility's operating or financial condition during the proposed test year, known as of the date of transmittal of the application, and any major change during the rate effective period as follows:

(1) Known and measurable as of the date of transmittal of the application; or

(2) Known and which can be approximated with reasonable accuracy as of the date of transmittal of the application. For purposes of this section, "a major change" means one which materially alters the utility's operating or financial condition from that reflected in paragraphs (a) through (f); and

(h) The most recent historic balance sheet available as of the date of filing.

200.4 The historical test year is the preferred proposed test year. However, the proposed test year may include forecasted dated; Provided, that the proposed test year does not include more than six (6) months of forecasted data.

200.5 When a utility submits forecasted data as part of its proposed test year data, the utility's filing shall include, in addition to the information and data required by §§200.1 through 200.3 and §§201 through 213, as applicable, the following information:

(a) The basis for including forecasted data in the test year;

(b) Key assumptions which underlie the projected jurisdictional ratemaking data for the proposed test year, including but not limited to, the following:

(1) Operating Revenues;

(2) Construction Program;

(3) Operating Expenses:

(A) Fuel and interchange costs, if appropriate; and

(B) Operating and maintenance expenses (excluding those expenses under §200.5(a);

(d) Analyses of changes in jurisdictional rate base, jurisdictional expenses and jurisdictional operating income between the historical test year and the proposed test year.

200.6 Any request by a utility for relief from attrition shall be accompanied by the following:

(a) A demonstration of the existence and causes of attrition using the following tests:

(1) The rate of return on investment test: a comparison of the actual and authorized rates of return on total investment and return on equity for the historical test year and the nine (9) years preceding the historical test year;

(2) The operating ratios test: a comparison, for the historical test year and the nine (9) years preceding the historical test year, of the following:

(A) The actual revenues to expenses with the authorized revenues to expenses; and

(B) The actual revenues to actual expenses; and

(3) The revenues per net investment test: a comparison, for the historical test year and the nine (9) years preceding the historical test year, of the following: and

(A) The actual revenues to investment with the authorized revenues to investment; and

(B) The actual revenues to actual investment;

(b) Any other attrition tests offered by a utility to demonstrate the existence and causes of attrition; Provided, that the utility demonstrates that such tests are consistent with Commission orders and are relevant to the proceeding;

(d) Testimony and exhibits showing any factors which would likely offset, at least in part, the presence of attrition during the rate-effective period.

200.7 In the attrition tests identified in §200.6, a utility shall, as applicable, do the following:

(a) Exclude fuel, gas, and interchange costs from its expenses;

(b) Exclude income derived from fuel, gas, and interchange costs from its revenues;

(d) Adjust its data for abnormal weather.

200.8 When a utility's historical test year and proposed test year are the same, the utility shall submit a single set of data.

200.9 If pro forma changes are included in a utility's proposed test year filing, data in that filing shall be provided for the proposed test year on an actual as well as a pro forma basis.

200.10 In cases governed by §200.3, the information specified in §§201 through 213 shall be supplied within twenty-one (21) days after the filing of the application, unless otherwise ordered by the Commission, but shall not be regarded as part of the evidentiary record unless admitted into evidence.

200.11 Any request for waiver of the filing requirement in this section shall be submitted at the time of the filing of the application for a rate change. If the request for waiver is denied, the utility shall have twenty-one (21) days after the issuance of the denial by the Commission within which to supply the information.

200.12 One (1) copy of the required information shall be supplied to the Secretary of the Commission, the staff, the People's Counsel, and to each applicant for intervention that requests a copy.

200.13 Staff and the Office of the People's Counsel may request additional copies prior to the end of the twenty-one (21) day period.

History

AUTHORITY: Unless otherwise noted, the authority for this chapter is Paragraph 97(b) of §8 of An Act Making appropriations to provide for the expenses of the District of Columbia for the fiscal year ending June thirtieth, nineteen hundred and fourteen, and for other purposes, approved March 4, 1913 (37 Stat. 977); as amended by §2 of the Public Utilities Amendment Act of 1989, D.C. Law 8-47, D.C. Code §43-501 (1981 Ed.).
SOURCE: Final Rulemaking published at 34 DCR 1155 (February 13, 1987).

15 DCMR § 201 RATE OF RETURN SUMMARY

201.1 The following information shall be provided for a rate of return summary:

(a) Capital structure (consolidated, partially consolidated or other) and weighted cost thereof as of the most recent data available; and

(b) Capital structure (consolidated, partially consolidated or other) and weighted cost thereof as of the end of the historical test year and the proposed test year. If the data filed in subparagraph (a) is different, an explanation of the differences and adjustments applied shall be provided.

201.2 For each class or type of capital the data shall show the following:

(a) Amount in dollars;

(b) Percent of total;

(d) Weighted cost; and

(e) Number of shares or securities.

201.3 The summary shall reference the supporting schedule for each item showing detailed composition and calculations.

History

SOURCE: Final Rulemaking published at 34 DCR 1155, 1159 (February 13, 1987).

15 DCMR § 202 SUMMARY OF SHORT TERM DEBT

202.1 The following data shall be provided for short term debt (consolidated, partially consolidated or other) for the historical test year and the proposed test year, as applicable:

(a) Type of instrument, term, maturity date, and holder;

(b) Amount outstanding or to be outstanding;

(d) Annualized interest requirement;

(e) Composite cost rate for total short term debt;

(f) Standby fee or compensating balances, if any, currently required or expected to be required. Also indicate whether required by formal contractual agreement or by informal understanding;

(g) Lines of credit and principal lending institutions for the current calendar year and subsequent year; and

(h) Average historical daily cash balances as recorded on the books of the utility, by bank, for the most recent twelve (12) month period where such balances are used to meet line of credit requirements.

202.2 Bell Atlantic - Washington, D.C., Inc., shall provide the data cited under §202.1 for its corporate entity and need not provide the data regarding its corporate parent or other Bell Atlantic affiliated companies.

202.3 For purposes of this section, the term "average" is used to indicate the arithmetic mean.

History

SOURCE: Final Rulemaking published at 34 DCR 1155, 1160 (February 13, 1987); as amended by Final Rulemaking published at 42 DCR 2340, 2342 (May 12, 1995).

15 DCMR § 203 SUMMARY OF EMBEDDED COST OF LONG TERM DEBT

203.1 The following data shall be provided on long term debt (consolidated, partially consolidated or other) for the historical test year and the proposed test year, as applicable:

(a) Type and coupon rate of issue;

(b) Date issued;

(d) Original principal amount issued;

(e) Face amount outstanding or to be outstanding;

(f) Unamortized discount or premium, and description of amortization method;

(g) Carrying value, net of outstanding amount unamortized discount or premium, and expenses;

(h) Annualized interest cost;

(i) Composite embedded cost rate;

(j) Initial corporate and underwriting expenses;

(k) Annualized amortization of corporate and underwriting expense;

(l) Unamortized balance of corporate and underwriting expenses; and

(m) Unamortized reacquisition costs;

(n) [Repealed]

203.2 A schedule shall be provided showing the following:

(a) The amounts of outstanding debt instruments which were reacquired by market purchase;

(b) The amounts paid for the reacquired debt instruments;

(d) The gains or losses realized; and

(e) The method of accounting for the reacquired debt and gains or losses resulting from reacquired debt.

203.3 Bell Atlantic - Washington, D.C., Inc., shall provide the data cited under §203.1 for its corporate entity, and on a Bell Atlantic consolidated basis. Consolidated data may be shown in summary form with reference to source documents containing that information.

History

SOURCE: Final Rulemaking published at 34 DCR 1155, 1161 (February 13, 1987); as amended by Final Rulemaking published at 42 DCR 2340, 2342 (May 12, 1995); and by Final Rulemaking published at 43 DCR 29 (January 5, 1996), effective January 22, 1996.

15 DCMR § 204 SUMMARY OF EMBEDDED COST OF PREFERRED STOCK

204.1 The following data shall be provided for preferred stock for the historical test year and the proposed test year:

(a) Type, dividend rate, and par value;

(b) Date issued;

(d) Premium;

(e) Issue expense;

(f) Net proceeds after premium and issue expense;

(g) Annualized dividends;

(h) Embedded cost rate; and

(i) Summary of stock provisions as to convertibility, redemption, sinking fund, preference provisions, and penalties in event of default.

204.2 Bell Atlantic - Washington, D.C., Inc., shall provide the data cited under § 204.1 for its corporate entity, and on a Bell Atlantic consolidated basis. Consolidated data may be shown in summary form with reference to source documents containing the information.

History

SOURCE: Final Rulemaking published at 34 DCR 1155, 1162 (February 13, 1987); as amended by Final Rulemaking published at 42 DCR 2340, 2342 (May 12, 1995).

15 DCMR § 205 COMPARATIVE FINANCIAL DATA

205.1 Comparative financial data shall be provided as set forth in this section.

205.2 A listing of the data required in this section shall not be required if it is available in a previously prepared report or statement. A reference to the appropriate document and page(s) shall be sufficient. The utility, however, shall provide copies of the relevant document page(s) upon request of a party.

205.3 The following plant data shall be provided for the proposed test year on a pro forma basis and on an actual basis for the historical test year and for the five (5) calendar years preceding the historical test year:

(a) Plant in service;

(b) Plant under construction (separately identify short and long term if separate accounts are kept);

(d) Accumulated depreciation and amortization.

205.4 The amounts and percentages of capital as reflected in §201 shall be provided for the proposed test year on a pro forma basis and on an actual basis for the historical test year and for the five (5) calendar years preceding the historical test year.

205.5 For the proposed test year, the historical test year and each of the five (5) calendar years preceding the historical test year, the utility shall provide a total company income statement in the same format as presented in its application for a rate increase.

205.6 Consolidated data, if applicable, shall be provided in the format used in the utility's annual report to shareholders. Other income and deductions shall be shown for the proposed test year, the historical test year and for each of the five (5) calendar years preceding the historical test year.

205.7 The following interest and fixed charge coverage data shall be provided for the proposed test year, the historical test year, and for each of the five (5) calendar years preceding the historical test year:

(a) Pre-tax interest coverage;

(b) After-tax interest coverage;

(d) After-tax fixed charge coverage.

205.8 Each of the items in §205.7 shall be computed using both the formula prescribed in indentures and that prescribed by the SEC. The data shall show the following:

(a) The development of the coverage in detail including elements included in the income coverage amounts;

(b) The amounts of tax entering into the calculations;

(d) The preferred dividend requirements; and

(e) Other fixed charges.

205.9 The data file under §205.7 shall show the embedded cost of debt and preferred stock computed on a basis consistent with the principal, interest and dividend amounts used in the coverage computations.

205.10 Any ratings from rating agencies on preferred stock and bond ratings data shall be provided for the proposed test year, the historical test year and for each of the five (5) calendar years preceding the historical test year. Ratings are to be differentiated as to type of security if rated differently.

(a) [Repealed]

(b) [Repealed]

205.11 The following common stock data shall be provided for the historical test year and for each of the five (5) calendar years preceding the historical test year except as noted:

(a) Shares outstanding-year-end;

(b) Shares outstanding-weighted, with description of weighing method;

(d) Dividends paid per share, and date of payment, dividends declared per share and date of declaration, and ex-dividend date;

(e) Market price per share, high and low for each quarter;

(f) Book value in total dollars on a year-end and on a weighted share basis separated as to the following:

(1) Par or stated value;

(2) Capital surplus;

(3) Earned surplus;

(4) Other (describe); and

(5) A total of subparagraphs (1) through (4) of this paragraph;

(g) Growth in total book value per share year-end, and growth in book value per share year-end for retained earnings;

(h) For major issues, the following data:

(1) Number of shares issued;

(2) Stock issue method, whether by rights, direct offer or other method;

(3) Date of issue;

(4) Price received (net);

(5) Financing costs; and

(6) A narrative description of any stock issue methods other than public sales including provisions for purchase relating to qualifications, differentials from market prices or par values, and maximum and minimum amounts allowed to be subscribed;

(i) For minor or continuing issues such as Employee Stock Option Plan or Dividend Reinvestment Plan, the number of shares and amount received; and

(j) The date of any formal presentation to securities analysts or rating agencies within the last twelve (12) months. The utility shall make available for inspection copies of all formal prepared reports distributed to the public in connection with such presentations and a listing of documents distributed in support of such presentations for which privilege of confidentiality is asserted.

205.12 Bell Atlantic - Washington, D.C., Inc., shall provide common stock data only for the parent company.

205.13 The submission shall provide the case sinking fund requirement on debt and preferred stock by issue for the most recent historical twelve (12) month period and the following two (2) calendar years. The submission shall indicate whether these amounts are included in amounts outstanding as of the end of the previous years. The submission shall indicate by issue what sinking funds (or repayments) will be provided in advance of the required dates.

205.14 Bell Atlantic - Washington, D.C., Inc., shall provide sinking fund data for its corporate entity and need not provide the data regarding its corporate parent or other Bell Atlantic affiliated companies.

205.15 The filing shall provide the following:

(a) The estimated dollar amounts of construction expenditures, including AFUDC or IDC, for the proposed test year and the historical test year;

(b) The amount of AFUDU or IDC included in the construction expenditure estimate; and

(c) The computation of AFUDC or IDC rate used in the proposed test year and the historical test year by components of the rate.

205.16 The filing shall provide dollar amounts of the statement of cash flow as they are reported in the utility's annual filing with the Commission for the most recently available quarter.

History

SOURCE: Final Rulemaking published at 34 DCR 1155, 1162 (February 13, 1987); as amended by Final Rulemaking published at 39 DCR 9090 (December 4, 1992); by Final Rulemaking published at 42 DCR 2340, 2342 (May 12, 1995); and by Final Rulemaking published at 43 DCR29, 30 (January 5, 1996), effective January 22, 1996.

15 DCMR § 206 ACCOUNTING AND OPERATING INFORMATION

206.1 The accounting and operating information set forth in this section shall be provided for the historical test year and the proposed test year, except as specifically provided otherwise in each subsection.

206.2 The filing shall include an income statement (showing net utility operating income) for the utility's jurisdictional operations for the historical test year and the proposed test year.

206.3 The filing shall include a General Ledger or an equivalent available for inspection as of the most recent date within the historical test year showing account number, account title, and monthly amounts. The data shall show the balance in each control account and all underlying subaccounts per book.

206.4 The filing shall include the allocation factors for each classification of revenue, expense, and rate base and the method for determining the allocation factors.

206.5 The filing shall include the following monthly balances (average balances for Bell Atlantic - Washington, D.C., Inc.) and a calculation of the thirteenth (13th) month average data or an average of the averages for both the historical test year and the proposed test year operations of the total company and an allocation of these balances to the District of Columbia jurisdiction and the method for determining the allocation factors:

(a) Plant in service;

(b) Plant purchased or sold;

(d) Construction-work-in-progress (included in rate base);

(e) Depreciation reserve;

(f) Plant acquisition adjustment;

(g) Amortization of plant acquisition adjustment;

(h) Materials and supplies;

(i) Unamortized Investment Tax Credit (as applicable) under the following:

(1) Pre-Revenue Act of 1971;

(2) Revenue Act of 1971; and

(3) Revenue Acts after 1971;

(j) Accumulated deferred income taxes; and

(k) Customer deposits.

206.6 The filing shall include the following:

(a) The journal entries relating to the purchase of utility plant acquired as an operating unit or system by purchase, merger, consolidation, liquidation or otherwise since the end of the test year adopted in the last rate case. (For Bell Atlantic - Washington, D.C., Inc., "utility plant" means communications plant acquired with traffic.); and

(b) A schedule showing the calculation of the acquisition adjustment at the date of purchase of each item of utility plant, the amortization period, and the unamortized balance at the end of the proposed test year and the historical test year.

206.7 The filing shall include a schedule in comparative form showing the total utility operating expense account balances for the historical test year, the proposed test year and for each of the five (5) calendar years preceding the historical test year for each account or subaccount included in the applicant's annual report or other similar published reports to the Commission. The appropriate pages from these reports may be supplied for calendar year comparative data.

206.8 The filing shall include a schedule of total company salaries and wages for the historical test year and the proposed test year and for each of the five (5) calendar years preceding the historical test year in a format which provides a break-out by operational functions.

206.9 The filing shall include the detailed workpapers showing and explaining calculations supporting all proposed ratemaking adjustments, with a comprehensive narrative explanation of each adjustment. There shall be a clear audit trail within the workpapers and to the filed testimony and exhibits.

206.10 The filing shall include a list of all one-time or out-of-period accounting entries affecting the jurisdictional proposed test year and the historical test year net utility operating income by one percent (1%) or more, but not less than one hundred thousand dollars ($100,000).

206.11 The filing shall include tax data for the historical test year, including the following:

(a) A detailed calculation of federal and State income taxes included in the company's proposed revenue requirement. If these taxes are derived from total company, income taxes, provide a detailed calculation of total company income taxes and the subsequent derivation of the Federal and State income taxes included in the proposed revenue requirement; and

(b) Analysis of the operating taxes for the total company, District of Columbia jurisdiction, and other regulated jurisdictions.

206.12 The filing shall include the amount of contributions for political purposes (in cash or services) if any is incorporated in the utility’s cost of service.

206.13 If lobbying expenses are included in the utility's cost of service, the filing shall include a statement describing the applicant's lobbying activities and a schedule showing the name of the individual, compensation attributable to lobbying, all utility-paid or reimbursed expenses or allowances, and the account charged for all personnel for whom a principal function is lobbying, whether on the local, state, or national level. The filing shall indicate the account number to which each expense is charged.

206.14 The filing shall include the following information with regard to utility uncollectible accounts for the proposed test year, the historical test year, and the five (5) calendar years preceding the historical test year:

(a) Reserve account balance at the beginning of each year;

(b) Charges to reserve account (accounts charged off);

(d) Current year provision;

(e) Reserve account balance at the end of each year; and

(f) Percent of provision to total revenue.

206.15 The filing shall include a listing of non-utility property and non-utility property taxes and the account where amounts are recorded as of the end of the proposed test year and the historical test year.

206.16 The filing shall include a list, in the detail specified in the utility's annual report to the Commission, of the balances in the following accounts as of the end of the proposed test year and the historical test year:

(a) Preliminary Survey and Investigation Charges;

(b) Property or Plant Held for Future Use;

(d) Other Deferred Debits.

206.17 The filing shall include a schedule showing a comparison of the District of Columbia balance in the jurisdictional utility operating revenue accounts for each month of the proposed test year to the same month of the year preceding the proposed test year and for each month of historical test year to the same month of the year preceding the historical test year for each revenue account or subaccount in no less detail than the format of the utility's annual report to the Commission. The filing shall also include an appropriate footnote to show the month the full change due to any general rate case was recorded in the accounts.

206.18 The filing shall include a schedule showing a comparison of the balance in each total company utility operating expense account for each month of the proposed test year to the same month of the year preceding the proposed test year and for each month of the historical test year to the same month of the year preceding the historical test year for each account or subaccount in no less detail than the format for operation and maintenance expense (operating expenses for Bell Atlantic - Washington, D.C., Inc.) in the utility's annual report to the Commission.

206.19 The filing shall include a brief summary of significant and major pending refunds from suppliers or settlements from litigation. The response shall include an estimate of the amount of refund or settlement, or other explanation of significance.

206.20 The filing shall include a description of changes made to the jurisdictional allocation methods since the last rate case. Bell Atlantic - Washington, D.C., Inc., shall provide a description of significant changes made to its separation methods, and make available for inspection its separation manual and supporting procedures.

206.21 The filing shall include a copy of the current union contract(s).

206.22 The filing shall provide the actual number of full time equivalent employees for the proposed test year (if historical) and the two (2) calendar years prior to the proposed test year. If a partially forecasted test year is proposed, the filing shall also include the budgeted number of full time equivalent employees for the proposed test year, and the two (2) calendar years prior to the proposed test year, derived from the last budget before the beginning of each particular year. Data provided shall be by functional areas where readily available, as well as by exempt and nonexempt, or management and nonmanagement, as may be appropriate.

206.23 The filing shall include the percentage of labor charged directly or indirectly to the following:

(a) Capital accounts;

(b) Operation and maintenance accounts; and

206.24 The filing shall include a list of major projects included in CWIP for the proposed test year and the historical test year. For each item listed, provide the following data:

(a) Type of plant;

(b) Jurisdictional location;

(d) Average balance;

(e) Estimated in-service date; and

206.25 The filing shall include a summary of each item of revenue and expense entering into the calculation of cash working capital and make available for inspection a complete copy of the lead-lag study, if any.

206.26 The filing shall include a statement on whether the utility has filed or plans to file insurance claims covering losses of over one hundred thousand dollars ($100,000) per event which were incurred during the historical test year. The statement shall list the cause of such claims and the cost incurred. The statement shall indicate whether the cost or loss was expensed, capitalized, or caused a reduction in reserve the amount of the insurance claim net of any deductible.

206.27 The filing shall include an analysis of plant additions and retirements by plant account for the proposed test year and the historical test year.

206.28 The filing shall include an analysis of changes in the accumulated reserve showing separately the annual accrual, retirements, gross salvage, and cost of removal for the proposed test year and the historical test year.

206.29 Members of the transportation industry under the jurisdiction of the Commission shall be exempted from the filing requirements of §§200 through 206.

History

SOURCE: Final Rulemaking published at 34 DCR 1155, 1165 (February 13, 1987); as amended by Final Rulemaking published at 42 DCR 2340, 2343 (May 12, 1995); and by Final Rulemaking published at 43 DCR 29, 31 (January 5, 1996), effective January 22, 1996.

15 DCMR § 207 DISCRIMINATION EXPENSES

207.1 Discrimination expenses shall be accounted for and reported in the manner as prescribed by the Commission.

207.2 Any rate change application shall contain a statement of discrimination expenses for the test year separately identified by account.

History

SOURCE: Final Rulemaking published at 34 DCR 2941 (May 8, 1987).

15 DCMR § 208 [RESERVED]

15 DCMR § 209 [RESERVED]

15 DCMR § 210 SPECIFIC INFORMATION TO BE SUPPLIED BY BELL ATLANTIC-WASHINGTON, D.C., INC.

210.1 In cases governed by §200.3, in addition to the filing requirements of §200.10, Bell Atlantic -Washington, D.C., Inc., shall provide the data required by this section.

210.2 The filing shall include company statistical data for each month of the historical test year and the same months of the year preceding the historical test year, for each month of the proposed test year and the same of the year preceding the proposed test year, and the annual data for each of the five (5) calendar years preceding the historical test year, as follows:

(a) Number of full time equivalent employees by departmental or functional group. If the groupings are different from one year to the next year, the Company shall to the extent practicable, state the figures on a consistent basis with an appropriate explanation; and

(b) USOA No. 12 Report-numbers of access lines (a definition of access lines is to accompany the data).

210.3 The filing shall include average operating statistical measurements for the proposed test year, the historical test year, and the five (5) calendar years preceding the historical test year as follows:

(a) Number of company employees per access line;

(b) Access line inward movement and number of Service and Systems Technicians for installation and maintenance (or equivalent employee category);

(d) Construction expenditures with percent over prior year;

(e) Plant Specific (accounts 6110-6410) and Plant Nonspecific (accounts 6511-6540) expenses as a percentage of the following:

(1) Operating revenues;

(2) Operating expenses (excluding depreciation);

(3) Average plant in service;

(4) Average subscriber lines and equivalent subscriber lines (discounted centrex lines); and

(5) Average main and equivalent main telephones.

(f) Average materials and supplies as a percentage of average plant in service and average access lines;

(g) One column for wages and salaries charged to expense and a second column for labor cost charged to expense as a percentage of operating revenues and operating expenses (excluding depreciation);

(h) Depreciation expense as a percentage of average plant in service;

(i) Property taxes as a percentage of average land and building investment; and

(j) Interest expense as a percentage of average debt.

210.4 The filing shall include average plant in service per access line, and per equivalent access lines (discounted for centrex lines) by major plant account classifications (no subaccounts) for the proposed test year, the historical test year, and the five (5) calendar years preceding the historical test year.

210.5 The filing shall include analysis of Account 6728.5 by type of expenditure for the proposed test year and the historical test year. Amounts over ten thousand dollars ($10,000) should be referenced to voucher number and briefly described in backup workpapers.

210.6 The filing shall include analysis of advertising expenses by type and purpose of expenditure for the proposed test year and the historical test year per Accounts 6722.1 and 6613. If advertising expenses are being included in the cost of service, then substantial support must also be provided. (Per Commission directive in Formal Case No. 827, Order No. 8300, August 7, 1985.)

210.7 The filing shall include analysis of Bell Atlantic - Washington, D.C., Inc., intercompany billing by category of service foil the proposed test year and the historical test year.

210.8 The filing shall include the average intrastate separation factors for the last five (5) calendar years per the SS 11 Reports for each year for each report item.

210.9 The filing shall include the amount and description of goods or services received or paid for through subsidiaries of the Bell Atlantic Corporation or a department of the Bell Atlantic Corporation. Centralized service amounts being requested in the cost of service must be clearly identified and correlated with the amounts shown on witnesses' exhibits. (Per Commission directive in Formal Case No. 827, Order No. 8300, August 7, 1985.)

210.10 The filing shall include a copy of the following:

(a) The latest prospectus;

(b) The most recent 10K, and any 8K or 10Q filed subsequent to the 10K;

(d) The latest FCC ARMIS Report 43-02.

210.11 The filing shall include justification for the recognition of legal expenses and settlement costs regarding its defense of antitrust suits, including but not limited to, a clear description and concise information related to the identity and description of both the case and the specific legal expenses for which the company is seeking recognition. (Per Commission directive in Formal Case No. 827, Order No. 8300, August 9, 1985).

History

SOURCE: Final Rulemaking published at 34 DCR 1155, 1171 (February 13, 1987); as amended by Final Rulemaking published at 39 DCR 9090 (December 4, 1992); by Final Rulemaking published at 42 DCR 2340, 2344 (May 12, 1995); and by Final Rulemaking published at 42 DCR 29, 31 (January 5, 1996), effective January 22, 1996.

15 DCMR § 211 SPECIFIC INFORMATION TO BE SUPPLIED BY PEPCO

211.1 In cases governed by §200.3, in addition to the filing requirements of §200.10, the Potomac Electric Power Company shall provide the data required in this section.

211.2 The filing shall include an analysis of the following:

(a) Account 930.1 - General Advertising Expense;

(b) Account 930.2 - Miscellaneous General Expenses;

(d) Account 909 - Information and Instructional Advertising Expense;

(e) Account 910 - Miscellaneous Customer Service and Information Expenses; and

(f) Account 426 - Other Income Deduction, for the proposed test year and the historical test year.

211.3 The filing shall include a schedule showing by month the dollar amount of fuel purchased or to be purchased from affiliated and non-affiliated suppliers for the proposed test year and the historical test year.

211.4 The filing shall include a calculation of the dollar amount paid or to be paid for fuel purchased or to be purchased each month from affiliated suppliers for the proposed test year and the historical test year.

211.5 The filing shall include the following:

(a) A calculation showing the average thirteen (13) month number of days' supply of coal on hand for the proposed test year;

(b) The historical test year, and each of the five (5) calendar years preceding the historical test year; and

(c) A copy of all work-papers and a written detailed explanation of factors considered in determining what constitutes an average day's supply of coal.

211.6 The filing shall include a schedule setting forth quantities purchased or to be purchased and average price paid or to be paid for coal and No. 2, No. 4, and No. 6 oil for each month of the proposed test year and the historical test year.

211.7 The filing shall include a calculation showing the monthly data for computing a thirteen (13) month average in quantity and price for each type of fuel inventory for the proposed test year and the historical test year.

211.8 For the proposed test year, the historical test year, and the five (5) calendar years preceding the historical test year, the filing shall include the average price paid or to be paid for coal and No. 2, No. 4, and No. 6 oil in cents per million BTU and per 100 KWH of net generation for each year.

211.9 The filing shall include a schedule for the total Company and the District of Columbia showing the following:

(a) The number of customers, actual or estimated, as applicable, by customer class as of the end of the proposed test year, the historical test year and one year prior to the historical test year;

(b) The average number of customers, actual or estimated, as applicable, by customer class for the proposed test year, the historical test year and one prior to the historical test year;

(c) The number of KWH sold or to be sold by customer class for the proposed test year, the historical test year, and one year prior to the historical test year;

(d) Unadjusted base revenue by customer class for the proposed test year and the historical test year;

(e) Adjustments to base revenue by customer class to reflect the normalization of rate increases and decreases which have been granted; and

(f) Fuel adjustment revenue by customer class for the proposed test year and the historical test year.

211.10 The filing shall include a schedule showing KWH sales by customer class by year for the historical test year and the next nine (9) years, by total system, and by each of the jurisdictions.

211.11 The filing shall include a statement concerning any unplanned and/or unexpectedly extended down time of longer than twenty-four (24) hours of any generating units during the historical test year, including duration of the down time and cost to the Company by unit.

211.12 The filing shall include a schedule showing the following:

(a) Total construction expenditures by year for the historical test year, the two (2) years prior to the historical test year, and the three (3) years succeeding the historical test year; and

(b) Construction expenditures by major project by year for the historical test year and the three (3) years succeeding the historical test year.

211.13 The filing shall include a list of plants mothballed or taken out of service during the historical test year, designated to be mothballed or taken out of service during the proposed test year and plants designated to be mothballed or taken out of service in the year following the proposed test year.

211.14 The filing shall include copies of the annual ten (10) year forecast, beginning with studies prepared four (4) years prior to the historical test year and continuing through the latest studies available, pertaining to demand, demand by customer class, capacity, reserve and load factor.

211.15 The filing shall include a schedule showing actual annual figures beginning with the period four (4) years prior to the historical test year and continuing through the latest studies available pertaining to demand, demand by customer class, capacity, reserve, and load factor.

211.16 The filing shall include a copy of the following:

(a) The latest prospectus;

(b) The most recent 10K, and any 8K or 10Q filed subsequent to the 10K;

(d) The latest annual report to the Commission.

History

SOURCE: Final Rulemaking published at 34 DCR 1155, 1173 (February 13, 1987).

15 DCMR § 212 SPECIFIC INFORMATION TO BE PROVIDED BY WASHINGTON GAS LIGHT COMPANY

212.1 In cases governed by §200, in addition to the filing requirements of §200.10, the Washington Gas Light Company shall provide the data required by this section.

212.2 The filing shall include an analysis of the following:

(a) Account 930.1 - General Advertising Expenses;

(b) Account 930.2 - Miscellaneous General Expenses;

(d) Account 909 - Informational Advertising, for the proposed test year and the historical test year.

212.3 The analysis required by §212.2 shall show, by account, at least the following delineation for the proposed test year and the historical test year:

(a) Industry association dues;

(b) Stockholder and debt serving expenses;

(d) Directors' fees and expenses;

(e) Dues and subscriptions;

(f) Information Advertising (Account 909), including the following:

(1) Conversation advertising done by the company by types of advertisement and media;

(2) Other informational advertising done by the company; and

(3) Informational advertising done by trade associations;

(g) Promotional Advertising (Account 913.000), including the following:

(1) Advertising done by the company by type of appliance advertised and media used; and

(2) Promotional advertising done by trade associations;

(h) General Advertising Expenses (Account 930.100) including the following:

(1) Institutional advertising done by the company and the media used;

(2) Other general advertising done by the company; and

(3) General advertising done by trade associations.

212.4 The filing shall include a schedule showing for the historical test year and the calendar year preceding the historical test year the following information regarding the applicant's investment in subsidiaries and joint ventures:

(a) The name of each subsidiary or joint venture;

(b) The date of initial investment; and

212.5 The filing shall include a balance sheet and income statements for the Company's subsidiaries and the Company's joint ventures for the historical test year and the two (2) calendar years preceding the historical test year.

212.6 The filing shall include a schedule showing for the historical test year and the calendar year preceding the historical test year dividends or income of any type received by the Company from its subsidiaries and its joint ventures and indicate how this income is reflected in the report filed with the Commission and stockholder reports.

212.7 The filing shall include for the historical test year, the following data for officers of Washington Gas Light Company who are also officers of a subsidiary and where a part of the salary is included in the filed cost of service:

(a) The name and title of each officer; and

(b) The annual salary and amount charged to subsidiaries.

212.8 The filing shall include gas supply forecasts for the five (5) calendar years after the historical test year.

212.9 The filing shall include a copy of the following:

(a) The latest prospectus;

(b) The most recent 10K, and any 8K or 10Q filed subsequent to the 10K;

(d) The latest annual report to the Commission.

History

SOURCE: Final Rulemaking published at 34 DCR 1155, 1175 (February 13, 1987).

15 DCMR § 213 ADDITIONAL FILING REQUIREMENTS FOR UTILITIES USING PROPOSED TEST YEARS INCLUDING FORECASTED DATA

213.1 All utilities which rely upon a proposed test year which includes forecasted data may update such data for changes which would have a significant impact on the filing. Except in extraordinary and well-explained circumstances as determined by the Commission, a utility will be limited to one update, and such update shall be filed, if at all, not later than twenty-one (21) days prior to the commencement of the hearings.

213.2 Within one hundred eighty (180) days of the completion of the rate proceeding, a utility shall file an actual historical cost-of-service study for the entire proposed test year.

History

SOURCE: Final Rulemaking published at 34 DCR 1155, 1177 (February 13, 1987).

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15 DCMR § 296 TARIFF COMPLIANCE FILING REQUIREMENTS

296.1 Compliance filings affecting existing rates shall be filed with the Secretary of the Commission, the Office of the People's Counsel, and each intervenor.

296.2 Service on the Office of the People's Counsel and intervenors shall be on the same day the compliance filing is made with the Commission, where possible.

296.3 There shall be a period of five (5) days after the compliance filing is submitted to the Commission within which the Office of the People's Counsel, staff, and intervenors may comment on the compliance filing.

296.4 The Commission shall not entertain motions for enlargement of time within which to comment on tariff compliance filings except upon a clear showing of extraordinary circumstances.

History

SOURCE: Final Rulemaking published at 34 DCR 1155, 1178 (February 13, 1987).

15 DCMR § 297 FILING REQUIREMENT FOR NEW SERVICES

297.1 All tariff filings for new services provided by the Chesapeake and Potomac Telephone Company shall contain a complete cost study, including all workpapers and related data, which supports the proposed rates for the new services.

History

SOURCE: Final Rulemaking published at 40 DCR 1299 (February 12, 1993).

15 DCMR § 298 WAIVER

298.1 The Commission may upon request, or on its own initiative after notice to the parties of its intention do so, waive any provision of this chapter for good cause.

History

SOURCE: Final Rulemaking published at 67 DCR 11091 (September 18, 2020). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 298

15 DCMR § 299 DEFINITIONS

299.1 The meanings ascribed to the definitions appearing in §199 of this title shall apply to the terms of this chapter.

299.2 When used in this chapter, the following terms and phrases shall have the meaning ascribed.

Attrition - growth in plant investment, operating expenses, senior capital costs, or a combination of these costs, which is more rapid than the relative growth in the utility's revenues, and which results in a shortfall in the utility's rate of return or investment, rate of return on equity, or both.

Discrimination Expenses - those expenses that are associated with discriminatory employment or procurement practices. Discrimination expenses arise from, relate to, and result from employment or procurement discrimination cases wherein a plaintiff or complaining party alleges that a utility subject to the regulatory authority of the Commission has engaged in discriminatory employment or procurement practices. Discrimination expenses include, but are not limited to, the following:

(a) Fines or penalties imposed by judicial or administrative decrees;

(b) Plaintiff’s or complaining party's legal fees paid by a defendant or responding party;

(c) All legal costs and fees related to the unsuccessful defense of charges of discriminatory employment or procurement practices;

(d) Awards to plaintiffs or complaining parties in discriminatory employment or procurement proceedings;

(e) Duplicate labor costs such as back pay or bonus or other pay awards to plaintiffs or complaining parties where the utility has paid other employees; or

(f) Cost of reporting, training, and recruiting undertaken as a result of a court order, administrative decree, or settlement that are in addition to those which otherwise would be incurred to assure continuing equal employment opportunity.

Historical Test Year - the actual historical twelve (12) month period chosen by the utility which ends prior to the filing of application for a rate change for which financial and operating data is required pursuant to §§200 et seq., but which does not end more than one hundred and eighty (180) days prior to the filing of that application.

Proposed Test Year - the twelve (12) month period chosen by the utility as the basis for its proposed rates.

History

SOURCE: Final Rulemaking published at 34 DCR 1155, 1178 (February 13, 1987); as amended by Final Rulemaking published at 34 DCR 2941 (May 8, 1987).

15-3 CONSUMER RIGHTS AND RESPONSIBILITIES

15 DCMR § 300 PURPOSE AND APPLICABILITY

300.1 Technological changes, new federal and District of Columbia laws, and the actions of the Public Service Commission have created competitive natural gas, electricity and telecommunications service markets in the District of Columbia providing residential consumers with new choices. Consumers have access to an array of competitive Service Provider services as well as continued access to the regulated services of Utilities. The purpose of this chapter is to set forth residential consumer rights, responsibilities and rules for the initiation and acquisition of services, such as, but not limited to Meter reading, Billing, Deposits, Disconnections and Reconnections of service and the resolution of Complaints between residential consumers and a Utility, Energy Supplier or Telecommunications Service Provider.

300.2 This chapter applies to those Residential Services regulated by the Public Service Commission (“Commission”) provided by Electric, Natural Gas and Telephone Utilities, and Residential Services provided by Energy Suppliers and Telecommunications Service Providers licensed or certified by the Commission.

300.3 No residential Customer shall be discriminated against or penalized by a Utility, Energy Supplier or Telecommunications Service Provider for exercising any right granted by this chapter.

300.4 Utilities, Energy Suppliers or Telecommunications Service Providers shall not discriminate against any Customer based wholly or partly on the race, color, creed, national origin, geographic location, sex, or sexual orientation of the Customer or for any arbitrary, capricious, or unfairly discriminatory reason.

History

SOURCE: Final Rulemaking published at 25 DCR 10381, 10389 (June 1, 1979); Final Rulemaking published at 27 DCR 1834 (April 24, 1981); as amended by Notice of Final Rulemaking published at 55 DCR 10014 (September 26, 2008); as amended by Notice of Final Rulemaking published at 55 DCR 12494 (December 12, 2008).

15 DCMR § 301 LOCATION OF ENERGY SERVICE METERS AND RELATED EQUIPMENT

301.1 Electric Meters and Equipment

Electric Meters shall be located outdoors whenever possible unless the relocation of the Meter will result in an unsafe condition.

When an indoor electric Meter installation is replaced due to modifications in electric service equipment by the Electric Utility, the electric Meter shall be relocated outdoors at no expense to the Customer. If the electric Meter relocation is for the convenience of the Customer, it shall be at the Customer’s expense and calculated in accordance with the Electric Utility’s approved Tariff for this service. The cost of connecting the Meter to the Customer’s electric service panel shall remain with the Customer.

Customers must grant access to the electric Meter for maintenance or service Disconnection within the provisions of Subsection 310.1. If a Customer refuses to grant access, the utility may relocate the electric Meter to an accessible location and the Customer shall bear the relocation cost.

The Electric Utility shall provide Customers with a fifteen (15) day notice prior to replacing or relocating electric Meters located on the Customer’s premises or property. No such notice is required in emergencies and for routine meter exchanges that result in a momentary interruption of electric service of five (5) minutes or less.

The notice required by Subsection 301.1(d) shall inform the Customer that the Electric Utility proposes to relocate or replace the electric Meter, the planned new location, and how to contact the Electric Utility to provide supplemental information, such as the building’s historic status or any private property line limitations. The notice shall include contact information for the Commission and OPC.

The Electric Utility shall develop and implement detailed protocols for determining the location of electric Meters, consistent with these rules, and shall inform Customers of these protocols.

301.2 Gas Meters and Natural Gas Equipment

Gas Meters, Natural Gas Service Regulators, and Natural Gas Equipment shall be located outdoors whenever possible unless the relocation will result in an unsafe condition or as otherwise authorized by Subsection 301.2.

When new Natural Gas Service Lines are installed, or existing ones are replaced, gas Meters shall be placed outdoors at no expense to the Customer. If the gas Meter relocation is for the convenience of the Customer, it shall be at the Customer’s expense and calculated in accordance with the Natural Gas Utility’s approved Tariff for this service.

Customers must grant access to the gas Meter for maintenance or service Disconnection within the provisions of Subsection 310.1. If a Customer refuses to grant access, the utility may relocate the gas Meter to an accessible location and the Customer shall bear the relocation cost.

The Natural Gas Utility shall provide Customers with a fifteen (15) day notice prior to replacing or relocating Natural Gas Equipment located on the Customer’s premise or property. No such notice is required in emergencies.

The notice required by Subsection 301.2(d) shall inform the Customer of the Natural Gas Equipment that the Natural Gas Utility proposes to replace or relocate, the planned new location, and how to contact the Natural Gas Utility to provide supplemental information, such as the building’s historic status or any private property line limitations. The notice shall include contact information for the Commission and OPC.

The Natural Gas Utility shall determine the location of indoor or outdoor Natural Gas Equipment, subject to the provisions of this Section, all applicable pipeline safety industry practices, federal and District of Columbia laws and regulations, including the Design Guideline for Utility Meters issued by the District of Columbia Historic Preservation Review Board, and any applicable District laws and regulations.

Where exterior gas Meters, Natural Gas Service Regulators, Shut-Off Valves or other Natural Gas Equipment cannot be installed in front of the Customer’s premises, the Natural Gas Utility, after consultation with the Customer, shall employ best efforts to avoid installing Natural Gas Equipment on the principal street façades (of building/dwelling) and to place the Natural Gas Equipment to the rear and secondary façades (side of building/dwelling) of the Customer’s premises. If it is necessary and safe to place a gas Meter on a rear or secondary façade (side of building/dwelling) wall, the Natural Gas Utility shall select a location that provides reasonable access to the gas Meter. The Natural Gas Utility shall employ best efforts to preserve the integrity and appearance of the building and its façades.

When installing gas Meters, Natural Gas Service Regulators, Shut-Off Valves or other Natural Gas Equipment outdoors, the Natural Gas Utility shall:

Locate all Shut-Off Valves outdoors in a readily accessible location;

Consider the potential damage to the Natural Gas Equipment;

Select a location that accommodates access to gas Meter reading, inspection, repairs, testing, and safe changing and operation of the natural gas Shut-Off Valves, and service Disconnections;

Consider an outdoor location consistent with the adjoining buildings and Natural Gas Equipment locations;

Consider, to the extent feasible and safe, locating the Natural Gas Equipment behind existing landscaping to make it least visible from the street;

Consult with Customers prior to conducting outdoor gas Meter relocation or replacement on the potential impact of the building’s aesthetics;

When safe to do so, install outdoor gas Meters and Natural Gas Service Regulators above ground in a protected location adjacent to the building served, and as close as possible to the point where the Natural Gas Service Line connects to the Natural Gas Main Line;

Determine the location of Natural Gas Service Regulators outdoors, when safe to do so. Otherwise, Natural Gas Service Regulators shall be located indoors as near as practicable to the point where the Natural Gas Service Line enters the building and shall be vented to the outside;

Avoid placing Natural Gas Equipment in front of windows or other building openings that may directly obstruct emergency fire exits and building entryways; and

Place Natural Gas Equipment under exterior stairways only when deemed safe by the Natural Gas Utility and when no other safe location is available.

At the Customer’s request and only when deemed safe to do so, the Natural Gas Utility may locate the gas Meter and associated gas piping up to five (5) feet in length from the Natural Gas Utility’s preferred installation location at no cost to the Customer. If a Customer requests an installation location that is safe to complete but is further than five (5) feet in length from the Natural Gas Utility’s preferred installation location, then the Customer shall be responsible for the costs associated with the additional piping beyond five (5) feet from the Natural Gas Utility’s preferred location to the location selected by the Customer. The cost shall be calculated in accordance with the Commission-approved Tariff for this service.

The placement of gas Meters indoors shall be considered only when one or more of these circumstances are present:

The Natural Gas Service Line pressure is less than ten (10) pounds per square inch gauge;

The gas Meter could not be installed safely on the private property surrounding the building and would have to be placed in an area that would violate traffic laws or interfere with the public right-of-way;

A Natural Gas Utility determines that a gas Meter and associated Natural Gas equipment is subject to a high risk of damage based on the Natural Gas Utility’s prior experience; and

Protection from ambient temperatures is necessary to avoid gas Meter freeze-ups, flooding or icing, or other extreme weather conditions that could impact the safe and accurate operation of the gas Meter.

If gas Meters are placed indoors, the Natural Gas Utility shall ensure:

Indoor gas Meters shall be supported in such a manner as to be as free as possible from damage that will render them unsafe or inaccurate;

Gas Meters are located in a ventilated place not less than three (3) feet away from a source of ignition or source of heat which may damage the gas Meter; and

The Customer is informed in writing of any safety measures that the Customer needs to adhere to, including but not limited to, ventilation requirements and proximity of ignition source or heat to the gas Meter and Natural Gas Equipment.

All gas Meters, Natural Gas Service Regulators, Shut-Off Valves, and Natural Gas Equipment installed indoors at multi-family buildings, commercial buildings, or multiple connected residential dwellings shall be inspected by the Natural Gas Utility at intervals not exceeding twenty-seven (27) months, but at least once every two (2) calendar years, beginning July 1, 2020.

The Natural Gas Utility shall develop and implement detailed protocols for determining the location of Natural Gas Equipment, consistent with these rules, and shall inform Customers of these protocols.

History

SOURCE: Final Rulemaking published at 25 DCR 10381, 10389 (June 1, 1979); as amended by Final Rulemaking published at 27 DCR 1834 (April 24, 1981); as amended by Final Rulemaking published at 55 DCR 10014 (September 26, 2008); as amended by Final Rulemaking published at 55 DCR 12494 (December 12, 2008); as amended by Final Rulemaking published at 67 DCR 6833 (June 5, 2020); as amended by Final Rulemaking published at 67 DCR 12436 (October 23, 2020). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 301

15 DCMR § 302 UTILITY METER READING REQUIREMENTS

302.1 Natural Gas and Electric Utilities, if applicable, shall schedule residential Meters for readings at regular monthly intervals and read within three (3) Business Days of the scheduled date unless the Meter is inaccessible, extreme weather exists, or in the event of other extraordinary conditions.

History

SOURCE: Final Rulemaking published at 25 DCR 10381, 10389 (June 1, 1979); Final Rulemaking published at 27 DCR 1834 (April 24, 1981); as amended by Notice of Final Rulemaking published at 55 DCR 10014 (September 26, 2008); as amended by Notice of Final Rulemaking published at 55 DCR 12494 (December 12, 2008).

15 DCMR § 303 METERS READ BY CUSTOMERS

303.1 Whenever a Meter reader is on the premises and cannot make an actual reading, the Utility shall provide Customers with an electronic or telephonic means to report a Customer Meter reading. The Utility shall furnish a Customer a Meter reading card upon request.

303.2 Any Natural Gas or Electric Utility Customer may routinely read his/her own Meter and report the reading to the Utility by the means stated in subsection 303.6, so long as the usage is reported accurately and on the schedule specified by the Utility. A Customer’s Bill based on a reading by the Customer is subject to increase or decrease based upon later actual reading by the Utility.

303.3 If a Utility determines that actual Meter readings have not been made of the Customer’s Meter after two (2) consecutive Billing Cycles, the Utility shall provide the Customer with the means to read and report the meter reading to the Utility, as provided in subsection 303.6. The Customer’s Meter reading shall be used for billing purposes, except in the following circumstances:

(a) There has been an actual reading of the Meter by the Utility;

(b) The Meter reading has not been timely forwarded to the Utility; or

(c) The Customer’s reported reading varies significantly from the Utility’s estimate of usage; if this occurs, the Utility is required to make an actual reading within seven (7) Business Days unless the Customer does not allow access.

303.4 At a Utility’s request, the Customer shall provide access to the Meter in order for the Utility to verify the accuracy of readings reported under this subsection. This subsection shall not prevent a Utility from reading Meters on a regular basis.

303.5 If a Utility’s estimate is used in lieu of the reading submitted by the Customer, the Utility shall make an actual Meter reading when the Meter is accessible.

303.6 The Utility shall provide the Customer with instructions on proper Meter reading, the date the Meter must be read and the date the Customer must report a Meter reading to the Utility. A Customer can report a Meter reading by any of the following methods:

(a) Telephone or telecommunications device;

(b) Internet;

(d) Such other technological means generally available to the Customer and approved by the Commission.

303.7 Upon a Customer initiating service, and annually thereafter, the Utility shall provide information regarding Customer meter readings, including instructions on how to read the Meter and how to obtain the date on which the Meter should be read and the date by which the Customer Meter reading must be returned to the Utility.

History

SOURCE: Final Rulemaking published at 25 DCR 10381, 10391 (June 1, 1979); as amended by Notice of Final Rulemaking published at 55 DCR 10014 (September 26, 2008); as amended by Notice of Final Rulemaking published at 55 DCR 12494 (December 12, 2008).

15 DCMR § 304 METERS READ BY CUSTOMERS

304.1 Gas utilities shall deliver in person or by mail to each customer a customer's meter reading card in order for the customer to read the meter when the utility is not required to do so pursuant to its tariffs.

304.2 Gas and electric utilities shall furnish a customer meter reading card whenever a meter reader is on the premises and cannot make an actual reading.

304.3 Any gas and electric utility customer may routinely read his own meter and report the reading to the utility on the postcard form referred to above, so long as the usage is reported accurately and on the schedule specified by the utility.

304.4 The utility shall provide the customer with at least six (6) postcard forms upon request. The customer meter reading card rendered by the customer shall be used for billing purposes, except in the following circumstances:

(a) The reported reading varies significantly from the utility's estimate of usage;

(b) The card is not returned timely to the Company; or

304.5 At least semi-annually, the customer shall provide access to the utility to obtain an actual meter reading in order to verify the accuracy of readings reported in this manner. This subsection shall not prevent a utility from reading meters on a regular basis.

304.6 If a utility estimate is used in billing in lieu of the reading on a timely customer meter reading card, the utility shall make an actual meter reading at the customer's request.

304.7 All customer meter reading cards shall comply with the following requirements:

(a) Have the postage prepaid;

(b) Indicate the date on which the meter should be read and time within which the card must be returned to the Company; and

History

SOURCE: Final Rulemaking published at 25 DCR 10381, 10391 (June 1, 1979).

15 DCMR § 305 PAYMENTS

305.1 Payments shall be due within twenty (20) Days after the date the Bill is rendered. If the due date falls on a non-business Day, the due date shall be the next Business Day.

305.2 The date of payment shall be considered as the Day the payment is received at the offices of the Utility, Energy Supplier, Telecommunications Service Provider or an authorized agent. The Customer shall provide an accurate account number for prompt payment posting. Payments received without sufficient information to identify the Customer’s account will be credited when the Utility is able to identify the account. Payments submitted electronically, by phone or computer, must be received within the Utility’s established computer processing times for same day posting.

305.3 No late payment charge shall be levied on any amounts, including deferred payment installments, paid by the due date, or on amounts in dispute before the Commission. Utilities may levy a late payment charge on amounts that are not paid by the due date. Such late payment charges shall be established by tariffs in accordance with the procedure required by the Commission.

305.4

Customer payments shall be applied in the following order: first to the applicable Utility for arrears for Commission regulated Charges, oldest item first; next to arrears for non-regulated Charges (i.e., Energy Supplier Charges for gas supply or electricity); next to the Utility for current Commission-regulated Charges; finally, to current non-regulated Charges.

305.5 For Energy or Telecommunications services, subsections 305.1 through 305.4 shall not apply when the Utility, Energy Supplier or Telecommunications Service Provider and the Customer agree to different payment terms.

History

SOURCE: Final Rulemaking published at 25 DCR 10381, 10393 (June 1, 1979); as amended by Notice of Final Rulemaking published at 55 DCR 10014 (September 26, 2008); as amended by Notice of Final Rulemaking published at 55 DCR 12494 (December 12, 2008).

15 DCMR § 306 DEFERRED PAYMENT AGREEMENTS

306.1 The Utility, Energy Supplier or Telecommunications Service Provider and the Customer may enter into a Deferred Payment Agreement (DPA). The Utility shall include the Utility, Energy Supplier or Telecommunications Service Provider past due balances as part of its DPA. No Charges, other than those accrued as of the date of settlement, and no interest shall be charged as part of the Deferred Payment Agreement.

306.2 Every DPA negotiated and agreed to between the Customer and the Utility, Energy Supplier, or Telecommunications Service Provider shall be provided to the Customer in writing within ten (10) Business Days and shall include the following information:

(a) The date of the DPA;

(b) The amount overdue and the payment terms of the DPA, including down payment amount and installment terms;

(c) The process that the Utility, Energy or Telecommunications Service Provider will follow, including a notice of Disconnection, to enforce the terms of the DPA;

(d) A Customer’s failure to make a scheduled payment under the DPA when due is a default and places the Account in delinquent status as of the date of default. Late payment Charges shall apply to any default of a DPA and may cause the DPA to become void; and

(e) The DPA shall state that all subsequent Bills must be paid on or before the due date. Failure to pay all such subsequent Bills as stated will cause the DPA to become void. In such cases, normal collection activities, up to and including Disconnection may resume.

History

SOURCE: Final Rulemaking published at 25 DCR 10381, 10397 (June 1, 1979); as amended by Notice of Final Rulemaking published at 55 DCR 10014 (September 26, 2008); as amended by Notice of Final Rulemaking published at 55 DCR 12494 (December 12, 2008).

15 DCMR § 307 DEPOSITS

307.1 A Utility shall not require a Deposit or guarantee from a person who has never been a Customer of the Utility.

307.2 A Utility shall not require a Deposit as a condition of new or continued Utility service on the basis of income level, home ownership, residence location, race, color, creed, sex, age, or national origin.

307.3 A utility shall not require a Deposit as a condition of new service to a person who has been a Customer of a utility before, except under the following circumstances:

(a) The service of the Customer has been disconnected for nonpayment of a past due balance not in dispute within the previous twelve (12) months; or

(b) The Customer has in an unauthorized manner, used, diverted or interfered with the service of the utility situated or delivered on or about the Customer’s premises within the twelve (12) months immediately preceding the Customer’s request for new service; provided, that the following requirements are met:

(1) The Customer’s service was last disconnected for this reason within the last five (5) years and that the Utility had so notified the Customer in writing, either by U.S. mail or electronically, to this effect; or

(2) The Customer either did not file a Complaint with the Commission regarding the Disconnection; or, if a Complaint was filed, final administrative action was taken thereon unfavorable to the Customer.

(d) The Customer has an outstanding balance due the utility for utility services. In any such event, the provision of new service may be conditioned upon payment of the outstanding balance.

307.4 When a Deposit is required as a condition of new service to a former Customer, the Customer shall be notified in writing of the reason therefore and the amount of Deposit required.

307.5 A Utility shall not require a Deposit as a condition of continued service to a Customer, except under the following circumstances:

(a) Utility service at the Customer’s residence has been used, interfered with, or diverted in an unauthorized manner within the previous twelve (12) months; or

(b) The Customer’s Account has been delinquent in excess of sixty (60) days within the previous twelve (12) months.

307.6 When a Deposit is required of a Customer with service connected, the Customer shall be notified in writing of the reason therefore, the amount of Deposit required, the date due (not less than fourteen (14) days from the date of the first written notice), and that it may be paid in installments.

307.7 No Deposit for Utility service shall exceed the lesser of $100 or 2/12th the estimated annual Bill; provided however, that any company or entity that is subject to or becomes subject to an order of the Commission that is contrary to this provision shall comply with the Commission’s order for the duration of the order and any extension thereof. The Utility shall notify the Customer in writing of the reason for the Deposit, the amount, date by which it must be paid, the fact that it may be paid in installments, and the payment options for the Deposit. If the Deposit requirement is thirty-five dollars ($35.00) or more, the Deposit may be paid in a minimum of three equal monthly installments with the first installment due prior to reconnection.

307.8 Each Utility shall be liable for interest on Deposits held from the date the Deposit is made until the date the Deposit has been refunded, or until an effort has been made to refund the Deposit. Each Utility shall pay simple interest on deposits with the rate being established not later than January 15th of each year, equal to the average annual yields of one-year Treasury bills for September, October, and November of the preceding year.

307.9 The Deposit with accrued interest shall be credited to any final Bill and any remaining balance shall be returned to the Customer.

307.10 A Deposit and accrued interest shall be refunded promptly or credited to the Customer’s account by the Utility upon payment by the Customer of all proper Charges for Utility service for twelve (12) consecutive months.

11 A Utility shall maintain a record of all Deposits, showing the customer’s name and address or other identifying data, the amount of the Deposit, the date it was paid, and the interest earned and paid thereon.
12 Each Customer posting a Deposit shall receive confirmation containing, at a minimum, the following information:

(a) The Customer’s name;

(b) The date of the payment;

(d) A statement of the terms and conditions applicable to Deposits.

307.13 When a customer is entitled to a return of a Deposit it shall be paid upon presentation of proper identification or verification of the account information.

307.14 An Energy Supplier may require a Deposit from any Customer if authorized by its license.

307.15 In lieu of a Deposit a Utility, Energy Supplier or Telecommunications Service Provider may offer to accept a written guarantee of payment from a responsible party. A responsible party shall include any customer of the Utility, Energy Supplier or Telecommunications Service Provider whose account has not been delinquent during the preceding twelve (12) months. A Utility, Energy Supplier or Telecommunications Service Provider is not obligated to accept a written guarantee from a party who is not a Customer. The Utility, Energy Supplier or Telecommunications Service Provider shall not require a written payment guarantee from any Customer ready, willing and able to make a deposit as authorized by this chapter.

307.16 A guarantee shall be in writing on a form approved by the Commission and shall contain the following provisions unless otherwise agreed to by the Utility, Energy Supplier or Telecommunications Service Provider and the guarantor:

(a) That it is for an initial term of one (1) year;

(b) That the guarantor agrees to the pay the Utility, Energy Supplier or Telecommunications Service Provider within ten (10) days of demanding the balance outstanding in the guaranteed account upon termination of service to the account. The guarantor shall be liable only for amounts accruing to the account of the customer during the term of the guarantee;

(c) That upon failure of the guarantor to satisfy a written demand within ten (10) days, the Utility Energy Supplier or Telecommunications Service Provider shall include the amount in the guarantor’s next monthly billing. In such event, the amount transferred to the guarantor’s bill shall be considered to have been incurred in providing service to the guarantor. The guarantor shall have the same right to challenge an account balance as is enjoyed by the customer. Should the guarantor receive service from another service provider other than the Utility, Energy Supplier or Telecommunications Service Provider, that is a party to the guarantee, the Utility, Energy Supplier, or Telecommunications Service Provider may pursue its right to recover under applicable District of Columbia law. That, notwithstanding the terms of such guarantee, the guarantee agreement shall terminate upon satisfactory payment by the Customer of all proper charges for services for a period of twelve (12) consecutive months. Payment is deemed satisfactory if the Customer’s service is not terminated involuntarily, or if the Customer’s account has not been delinquent for an excess of sixty (60) days within the previous twelve (12) months. The Utility Energy Supplier or Telecommunications Service Provider may withhold the release of the guarantor pending the resolution of any dispute regarding the Customer’s account or amounts transferred to the guarantor’s account; and

(d) Prior to the signing of a guarantee agreement, a Utility Energy Supplier or Telecommunications Service Provider employee shall explain to the potential guarantor the consequences of the agreement. The employee shall obtain written acknowledgement from the guarantor that the oral explanation took place.

307.17 The deposit and guarantee provisions of this section shall apply only to those cases in which the Utility, Energy Supplier or Telecommunications Service Provider requests a deposit from a Customer.

History

SOURCE: Final Rulemaking published at 25 DCR 10381, 10398 (June 1, 1979); as amended by Final Rulemaking published at 40 DCR 5589 (July 30, 1993); as amended by Notice of Final Rulemaking published at 55 DCR 10014 (September 26, 2008); as amended by Notice of Final Rulemaking published at 55 DCR 12494 (December 12, 2008).

15 DCMR § 308 USE OF CUSTOMER’S INFORMATION

308.1 An Applicant or a Customer need not disclose his or her Social Security number to the Utility, Energy Supplier, or Telecommunications Service Provider to obtain or maintain service. Upon requesting a Customer’s Social Security number, the Utility, Energy Supplier, or Telecommunications Service Provider shall inform the Customer that the provision of this number is voluntary and will not affect the provision of service to that Customer.

308.2 A Utility, Energy Supplier or Telecommunications Service Provider shall not disclose information that reveals the status of the Account of any individual Customer without the Customer’s consent or upon dictate of lawful authority. A Utility, Energy Supplier or Telecommunications Service Provider may rely upon written or oral representation of the Commission or the Office of the People’s Counsel that consent has been granted.

308.3 Unless a Customer consents in writing or through electronic means such as Third-Party Verification, recorded voice or electronic signature, the Utility, Energy Supplier or Telecommunications Service Provider may not disclose or use Customer information or the Customer’s use of service (types and amounts) except to the Commission and in accordance with the Utility, Energy Supplier or Telecommunications Service Provider’s Privacy Policy. The Utility, Energy Supplier, or Telecommunications Service Provider shall reasonably protect the confidentiality of customer information.

308.4 The restrictions in §§ 308.2 and 308.3 above do not apply to lawful disclosures for bill collection, credit rating reports, provision of service, legitimate business activities, to assist Customers who have had, or may have, their service involuntarily disconnected, or as otherwise authorized by law. It shall be the responsibility of the Utility, Energy Supplier or Telecommunications Service Provider to obtain and maintain the written or electronic consent, referred to in Subsections 308.2 and 308.3 above. A Customer’s information shall be made available to the Commission upon request.

History

SOURCE: Final Rulemaking published at 34 DCR 3966 (June 19 1987); Notice of Final Rulemaking published at 55 DCR 10014 (September 26, 2008); Notice of Final Rulemaking published at 55 DCR 12494 (December 12, 2008); as amended by Final Rulemaking published at 65 DCR 13506 (December 14, 2018). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 308

15 DCMR § 309 Privacy Protection Policy

309.1 Each Utility, Energy Supplier or Telecommunications Service Provider shall institute a Privacy Protection Policy to protect against the unauthorized disclosure of Customer information or a Customer’s use of service (types and amounts). A copy of that Policy shall be made available once a year, including any updates or changes, through electronic means or a hardcopy to the Customer and to the Commission and posted in a prominent place on each company’s website.

History

SOURCE: Final Rulemaking published at 65 DCR 13506 (December 14, 2018). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 309

15 DCMR § 310 GROUNDS FOR DISCONNECTION

310.1 A Utility may disconnect service for any of the following reasons:

(a) The Customer does not pay;

(b) The Customer does not enter into a DPA or breaches an applicable DPA;

(d) There is unauthorized use, diversion or interference with utility service on or about the customer’s premises;

(e) The Customer fails to allow access to the premises to inspect, service, install, replace, read, or remove a Meter or remote recording device or allow access to other equipment, when the Utility has requested access in writing;

(f) There is an unsafe condition or an adverse effect on the integrity of an energy or telecommunications delivery system or violation of a government statute, regulation or Commission-approved Tariff provision;

(g) The Utility has reason to believe that there is fraud or that the Customer has misrepresented his or her identity in order to obtain Utility service;

(h) Application for utility service was made in the name of an individual who is not an occupant of the dwelling unit without disclosure of the individual’s actual address and without written authorization by such individual;

(i) Application for utility service was made in the name of a third party without disclosing that fact or without bona fide authority from the third party;

(j) Application was made by an individual for the purpose of assisting another occupant of a dwelling unit to avoid payment of that occupant’s prior outstanding bill;

(k) Application was made by an individual who cannot legally enter into or contract for service, such as an un-emancipated minor; or

(l) Failure to comply with an order of the Commission.

310.2 A Natural Gas or Electric Utility shall not initiate Disconnection of service or disconnect service without the consent of the Customer in the following circumstances:

(a) The amount overdue stated on the Disconnection notice includes an unpaid amount owed from a different Account, unless the amount was properly transferred to the Customer's Account balance; or an amount owed from Estimated Bills, unless the Utility has attempted reasonable alternatives to obtain a reading of the Meter; or

(b) Failure of a Customer to pay for merchandise, appliances or nonresidential Utility services.

310.3 Disconnection of natural gas or electric utility service for non-payment of bills, failure to post a cash Security Deposit, or failure to comply with the terms of a DPA where natural gas or electricity is used as the primary source of heating or cooling the residence is prohibited:

(a) An Electric Utility shall not disconnect residential electric service during the day preceding and the day of a forecast of extreme temperature, or if the forecast of extreme temperature precedes a holiday or weekend day, or on any day during a holiday or weekend, when the National Weather Service (NWS) forecast for the District of Columbia is ninety-five (95º) degrees Fahrenheit or above or thirty-two (32°) degrees Fahrenheit or below during any time of a day as based on the NWS actual temperature forecasts and NWS wind chill factor and heat index temperature forecasts; or

(b) A Natural Gas Utility shall not disconnect residential gas service during the day preceding and the day of a forecast of extreme temperature, or if the forecast of extreme temperature precedes a holiday or weekend day, or on any day during a holiday or weekend, when the NWS forecast for the District of Columbia is thirty-two (32°) degrees Fahrenheit or below during any time of a day as based on the NWS actual temperature forecasts and NWS wind chill factor.

History

SOURCE: Final Rulemaking published at 25 DCR 10381, 10405 (June 1, 1979); as amended by Notice of Final Rulemaking published at 55 DCR 10014 (September 26, 2008); as amended by Notice of Final Rulemaking published at 55 DCR 12494 (December 12, 2008); as amended by Notice of Final Rulemaking published at 65 DCR 13506 (December 14, 2018); as amended by Final Rulemaking published at 66 DCR 16242 (December 13, 2019). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 310

15 DCMR § 311 PROCEDURES FOR UTILITY DISCONNECTION

311.1 A Utility shall postpone the Disconnection of service for a reasonable time not to exceed twenty-one (21) Days if the Utility is provided with a physician’s certificate or notice from a public health official which states that Disconnection would be detrimental to the health and safety of a bona fide occupant of the premises; provided that the Customer enters into a DPA. The postponement may be extended for one (1) additional period of not more than twenty-one (21) Days by renewal of the certificate or notice.

311.2 A Utility shall not disconnect service when a dispute involving the Account in question has been filed with the Office of Consumer Services and the dispute is still pending at the Public Service Commission, provided, that payments are made for amounts not in dispute.

311.3 A Utility shall not disconnect Residential Service unless a Disconnection notice has been sent to the Customer at the billing address by either first class mail or other technological means at least fifteen (15) Days prior to the date of proposed Disconnection. The Utility providing telecommunications services shall not suspend Residential Service unless a suspension notice has been sent to the Customer at the billing address by either first class mail or other technological means at least ten (10) Days prior to the date of proposed suspension. Any notice required to be sent to a Customer prior to Disconnection or suspension of service may be sent along with the Bill for service; however, the notice of Disconnection or suspension of service must be on the first page of the Bill and shall be in bold print. Upon request of the Customer, a duplicate copy of the notice shall be sent by either first class mail or Internet or other technological means to a designated third party. The third party assumes no obligation for the Customer’s Account.

311.4 Nothing in this section shall preclude a Utility from taking immediate action necessary to correct any condition which threatens the health or safety of the Customer, the public or the integrity of the Utility’s distribution system or action taken in cooperation with civil or law enforcement authorities. However, where that corrective action is taken, the Utility shall not thereupon discontinue service to any Customer whom it believes to be responsible for creation of that condition until it has complied with the notice provisions of this section. The notice and reconnection required by this rule shall not be required in the event that service has been disconnected for theft of services, unauthorized use, diversion or interference with utility service on or about the Customer’s premises.

311.5 The disconnection notice shall state the following information:

(a) The Customer's name, address and Account number;

(b) The address where service is to be discontinued, if different;

(d) A statement of the total amount due, if applicable;

(e) The reason for the proposed Disconnection of service;

(f) The earliest date on which service will be disconnected in the absence of payment or adjustment;

(g) The telephone number and address of the Utility, and an invitation to contact the Utility to resolve the matter;

(h) The Customer’s right to delay Disconnection of service

for medical reasons;

(i) The possibility of deferred payments; and

(j) The right to file a complaint with the Public Service Commission, and the availability of legal representation and assistance by the Office of the People’s Counsel and the address and telephone number of the Office of the People’s Counsel.

311.6 Utility service shall not be disconnected and shall be restored if Disconnected where a Customer has established or is reinstated to a DPA for utility charges that are the basis of the notice of Disconnection and the Customer has not defaulted on such DPA.

311.7 A Utility shall not disconnect service for the period after 5:00 p.m. Thursday and before 8:00 a.m. Monday, and it may not disconnect on a legal holiday, or on a Day that the Utility is closed to the public, except as provided in subsections 311.8 and 311.9.

311.8 A Utility may disconnect service on Friday or Saturday if the following applies:

(a) The Meter is located on the inside of the premises or is otherwise not readily accessible; and

(b) The Utility has previously and unsuccessfully attempted to gain access to the premise as stated in subsection 310.1(e), on at least two (2) week days.

311.9 Subsections 311.7 and 311.8 shall not apply to service disconnections to abandoned buildings, where the customer has requested disconnection in circumstances of unsafe conditions or of theft of natural gas or electricity, or to disconnect telephone service where there is evidence of toll abuse or fraud.

History

SOURCE: Final Rulemaking published at 25 DCR 10381, 10405 (June 1, 1979); as amended by Final Rulemaking published at 33 DCR 443 (January 24, 1986); as amended by Notice of Final Rulemaking published at 55 DCR 10014 (September 26, 2008); as amended by Notice of Final Rulemaking published at 55 DCR 12494 (December 12, 2008).

15 DCMR § 312 PERSONAL CONTACT BEFORE UTILITY DISCONNECTION

312.1 A Utility shall make, at minimum, two (2) attempts to contact the Customer prior to Disconnection as specified in this section.

312.2 At least two (2) Days before the date set for Disconnection of service, a Utility shall make reasonable efforts to contact the Customer, by telephone, in person or other technological means, to advise of the pending action and what steps must be taken to avoid Disconnection.

312.3 Immediately preceding the physical Disconnection of natural gas or electric service, the representative of the Utility designated to perform that function shall make a reasonable effort to identify himself or herself to the Customer or other responsible person then on the premises and announce the purpose of his or her presence; a telephone Utility shall make a second attempt to contact the customer.

312.4 If contact has not been made as provided in §312.2 and the Customer or other responsible Person is not on the premises, Disconnection of natural gas or electric service shall not occur. The field service representative shall leave a notice reasonably calculated to be seen by the Person residing in the house in the same manner as the notice required by §314, indicating that service may be disconnected as soon as the next Business Day unless outstanding Bills are paid.

312.5 The Utility shall not deliver more than two (2) consecutive notices of Disconnection for past due Bills without attempting contact with the Customer as required by subsections 312.1 and 312.2.

History

SOURCE: Final Rulemaking published at 25 DCR 10381, 10405 (June 1, 1979); as amended by Notice of Final Rulemaking published at 55 DCR 10014 (September 26, 2008); as amended by Notice of Final Rulemaking published at 55 DCR 12494 (December 12, 2008).

15 DCMR § 313 FIELD SERVICE IDENTIFICATION AND PAYMENT PROCEDURES

313.1 The field representative shall produce an identification badge containing the Utility’s name and logo, the field representative picture and full name, and, if applicable, the representative shall wear a company uniform bearing the company’s name and logo.

313.2 The natural gas or electric field service representative shall have a statement of the amount due and inquire whether the Bill has been paid. If evidence is presented which reasonably indicates that the Bill has been paid, that a DPA has been entered into, that the Bill is currently the subject of a pending proceeding before the Commission, or that the Customer has demonstrated a medical emergency consistent with the provisions of this chapter, service shall not be disconnected.

313.3 The natural gas or electric field service representative shall be authorized to accept payment. If payment in full of all Charges due and owing is tendered, service shall not be disconnected. Tender of payment by personal check shall be accepted unless the Customer has within the past twelve (12) months paid the Utility with a check not honored by a bank. However, the natural gas or electric field representative shall not accept payment by cash. Where the customer offers full payment of all charges by cash, the natural gas or electric field service representative shall make other payment arrangements with the customer to avoid disconnection.

313.4 The natural gas or electric field service representative shall seek authorization from his or her supervisor to accept partial payments or to override his or her orders to disconnect service upon a reasonable explanation by the Customer of the delinquency.

History

SOURCE: Final Rulemaking published at 25 DCR 10381, 10408 (June 1, 1979); as amended by Notice of Final Rulemaking published at 55 DCR 10014 (September 26, 2008); as amended by Notice of Final Rulemaking published at 55 DCR 12494 (December 12, 2008); as amended by Notice of Final Rulemaking published at 65 DCR 13506 (December 14, 2018). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 313

15 DCMR § 314 DISCONNECTION OF UTILITY SERVICE

314.1 If the requirement to make an attempt to contact a Customer is satisfied, the Utility may disconnect service to a residential Customer on the date specified in the notice or within a reasonable time thereafter.

314.2 When natural gas or electric service is disconnected, the Utility shall leave a notice reasonably calculated to be seen by Persons residing on the premises stating that service has been disconnected and the address and telephone number of the Utility where the Customer may arrange to have service restored. The notice shall also state procedures to be followed where a medical or safety emergency exists on the premises.

History

SOURCE: Final Rulemaking published at 25 DCR 10381, 10409 (June 1, 1979); as amended by Notice of Final Rulemaking published at 55 DCR 10014 (September 26, 2008); as amended by Notice of Final Rulemaking published at 55 DCR 12494 (December 12, 2008).

15 DCMR § 315 RECONNECTION OF SERVICE

315.1 A Utility shall reconnect service within twenty-four (24) hours of cure of the cause for Disconnection.

315.2 The Utility may Charge the Customer for reconnection of service in an amount authorized by the Commission.

History

SOURCE: Final Rulemaking published at 25 DCR 10381, 10410 (June 1, 1979); as amended by Notice of Final Rulemaking published at 55 DCR 10014 (September 26, 2008); as amended by Notice of Final Rulemaking published at 55 DCR 12494 (December 12, 2008).

15 DCMR § 316 CUSTOMER DISCONTINUANCE OF SERVICE

316.1 A Customer shall be permitted to discontinue service with a Utility either by telephone, in writing, or in person at the business office of the Utility, provided that the Customer contacts the Utility at least three (3) Business Days before the date discontinuance is desired and grants access to discontinue the service.

316.2 The Customer shall be responsible for all electricity and natural gas consumed for three (3) Business Days after contacting the Utility pursuant to section 316.1, unless the Utility obtains an actual meter reading sooner than the third Day.

316.3 The Customer shall be responsible for all telephone Charges due for the period service has been rendered.

History

Source: Notice of Final Rulemaking published at 55 DCR 10014 (September 26, 2008); as amended by Notice of Final Rulemaking published at 55 DCR 12494 (December 12, 2008).

15 DCMR § 317 [RESERVED]

15 DCMR § 318 [RESERVED]

15 DCMR § 319 [RESERVED]

15 DCMR § 320 CUSTOMER INQUIRIES AND COMPLAINTS

320.1 This section applies to Utility companies, Energy Suppliers and Telecommunications Service Providers. A Utility, Energy Supplier or Telecommunications Service Provider shall, in accordance with this section, establish written procedures that will ensure the prompt, efficient, and thorough receipt, investigation and, where possible, resolution of all Customer inquiries, service requests and Complaints regarding residential Utility, Energy Supplier or Telecommunications Service Provider services and Charges.

320.2 Qualified Utility, Energy Supplier and Telecommunications Service Provider personnel shall be available and prepared at all times during normal business hours to receive and discuss Customer inquiries, service requests and Complaints. All Utility, Energy Supplier and Telecommunications Service Providers shall make necessary arrangements to ensure that Spanish language-speaking personnel are made available to assist the Spanish speaking public or maintain a toll-free or local telephone number for Customer service inquires from such persons.

320.3 Supervisory personnel shall be available during normal business hours to discuss Customer complaints that are not resolved through contact with customer service representatives.

320.4 Qualified personnel authorized to enter into a DPA on behalf of the Utility, Energy Supplier or Telecommunications Service Provider shall be available during normal business hours.

320.5 Every Utility, or Telecommunications Service Provider that provides distribution services or telecommunications services to a customer shall have qualified personnel available at all times to respond to Customer calls regarding interruption of service due to the existence of emergency conditions. This provision does not apply to any service provider that does not, as a matter of regular business practice, provide for the remediation of emergency conditions.

320.6 When a Complaint cannot be resolved between the Customer and his or her Utility, Energy Supplier or Telecommunications Service Provider, the Utility, Energy Supplier or Telecommunications Service Provider shall inform the Customer of the right to contact the Commission for resolution. The Utility, Energy Supplier, and Telecommunications Service Provider shall also advise the Customer of the availability of OPC to assist in resolving a dispute before the Commission.

320.7 In every dispute between a Customer and the Utility, Energy Supplier or Telecommunications Service Provider, the first attempt at resolution shall be made directly between the parties unless the Utility, Energy Supplier or Telecommunications Service Provider has been notified that the Customer is represented by counsel.

320.8 When the Utility, Energy Supplier or Telecommunications Service Provider concludes that there is a mistake in an amount billed, the Utility, Energy Supplier or Telecommunications Service Provider shall adjust the amount due, and shall reflect the adjustment during the next Billing Cycle or as soon as reasonably possible.

320.9 A Utility, Energy Supplier, or Telecommunications Service Provider and a Customer may agree upon a DPA to pay any amount due the Utility or service provider. No charges, other than those accrued as of the date of settlement, and no interest shall be charged to the Customer as part of the DPA.

320.10 When a Utility, Energy Supplier, or Telecommunications Service Provider cannot resolve a dispute with a Customer, the Utility, Energy Supplier, or Telecommunications Service Provider shall refer the Customer to the Commission for resolution.

History

SOURCE: Final Rulemaking published at 25 DCR 10381, 10411 (June 1, 1979); as amended by Notice of Final Rulemaking published at 55 DCR 10014 (September 26, 2008); as amended by Notice of Final Rulemaking published at 55 DCR 12494 (December 12, 2008).

15 DCMR § 321 PUBLICATION OF CONSUMER PAMPHLET

321.1 Each Utility, Energy Supplier, and Telecommunications Service Provider shall prepare a consumer pamphlet in English and Spanish in layman’s terms summarizing the rights and responsibilities of Customers in accordance with the utilities’ tariff provisions and the Commission’s regulations. Prior to distribution, the Utility, Energy Supplier, or Telecommunication Service Provider shall provide the Commission and OPC with a copy of the consumer pamphlet. OPC shall submit any comments on the consumer pamphlet to the Commission and to the Utility, Energy Supplier, and Telecommunication Service Provider within ten (10) business days. If the Commission does not reject or otherwise act on the pamphlet within thirty (30) days of its filing, the consumer pamphlet shall be deemed approved.

321.2 The pamphlet shall be available at every Utility, Energy Supplier and Telecommunications Service Provider location open to the general public.

321.3 The pamphlet will be provided upon request at no charge to Customers. Each new Customer shall be offered a pamphlet free of charge.

321.4 The pamphlet shall cover, if applicable, the following items:

Billing procedures and estimation standards;

Methods for a Customer to verify billing accuracy;

(c) Customer’s right to have Meter tested free of charge by the utility once every twelve (12) months as well as a referee Meter test pursuant to 15 DCMR §2368 et seq.;

(d) Customer payment standards and procedures;

(e) Security Deposit;

(f) Disconnection and reconnection of service;

(g) Inquiry, service and complaint procedures;

(h) Public Service Commission Consumer Complaint resolution procedures and the availability of assistance and legal representation by the Office of the People’s Counsel;

(i) The availability of DPA for payment of Bills or Deposits; and

(j) Customer access to information required to be made available to them.

321.5 The cover of the pamphlet shall indicate conspicuously that the pamphlet is provided in accordance with the rules of the Commission and shall indicate in English and Spanish that a Spanish version is available upon request.

321.6 Each Utility, Energy Supplier, or Telecommunications Service Provider shall have accessible during business hours a Spanish-speaking interpreter or maintain a toll free or local telephone number for Spanish-speaking persons who seek information about the rights and responsibilities of Customers, services, and programs of the service provider.

History

SOURCE: Final Rulemaking published at 25 DCR 10381, 10412 (June 1, 1979); as amended by Notice of Final Rulemaking published at 55 DCR 10014 (September 26, 2008); as amended by Notice of Final Rulemaking published at 55 DCR 12494 (December 12, 2008); as amended by Notice of Final Rulemaking published at 65 DCR 13506 (December 14, 2018). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 321

15 DCMR § 322 PUBLIC ACCESS TO RULES AND RATES

322.1 Every Utility, Energy Supplier, or Telecommunications Service Provider shall keep available for free public inspection during normal business hours in every office open to the general public, copies of this chapter, the Utility, Energy Supplier, or Telecommunications Service Provider’s schedule of rates, and its terms and conditions of service.

322.2 Every Utility, Energy Supplier or Telecommunications Service Provider shall have available translation services during normal business hours for the translation of its Tariff to Spanish at no cost to the Customer.

322.3 Suitable signs shall be posted at each office open to the public calling attention to the public that the items are available for inspection. Upon request, the Utility or Service Provider shall provide a copy of this chapter and advise Customers where copies of rate schedules and general service provisions may be obtained.

History

SOURCE: Final Rulemaking published at 25 DCR 10381, 10413 (June 1, 1979); as amended by Notice of Final Rulemaking published at 55 DCR 10014 (September 26, 2008); as amended by Notice of Final Rulemaking published at 55 DCR 12494 (December 12, 2008).

15 DCMR § 323 OFFICE OF CONSUMER SERVICES

323.1 There is established within the Public Service Commission an Office of Consumer Services.

323.2 The Office of Consumer Services shall do the following:

(a) Answer inquiries regarding residential utility service, the services provided by each Energy Supplier and Telecommunications Service Provider and the procedures for resolving disputes;

(b) Assist in the informal resolution of Customer complaints and disputes that have not been resolved under the Utility’s or Energy Supplier’s or Telecommunications Service Provider’s own procedures; and

323.3 Any applicant for utility, energy or Telecommunications services, or the Applicant’s or Customer’s designated representative, as the case may be, may complain to the Commission concerning a Deposit requirement, the service provided, or a Utility or an Energy Supplier or Telecommunications Service Provider’s Bill. Should a party other than the Applicant, Customer of record, or the Office of the People’s Counsel file such a Complaint, the Applicant or Customer of record shall file a notarized letter authorizing the designee to act on his or her behalf, and the individual or entity shall file a notice that authorizes it to act on the Applicant’s or Customer’s behalf.

323.4 If a Complaint addresses a matter that has failed to be resolved under the Utility’s, Energy Supplier’s or Telecommunications Service Provider’s procedures, the Office of Consumer Services shall handle the matter as an Informal Complaint for resolution. If the Complaint has not been referred to the Utility, Energy Supplier or Telecommunications Service Provider of the service in question, the matter shall be referred to the Utility, Energy Supplier or Telecommunications Service Provider for an attempt at direct resolution. In every case of a dispute between a Customer and a Utility, Energy Supplier or Telecommunications Service Provider, the first attempt at resolution shall be made directly between the parties.

323.5 The Utility, Energy Supplier or Telecommunications Service Provider shall respond to the Informal Complaint or similar Customer related referral to the Office of Consumer Services within fourteen (14) Business Days or within such time as shall be specified by any extension of time that may be granted by that office. If the Complaint or matter is not resolved within that time, the Utility, Energy Supplier or Telecommunications Service Provider shall refer the matter back to the Office of Consumer Services.

323.6 If the Office of Consumer Services handles a matter informally, the office shall notify the Utility, Energy Supplier or Telecommunications Service Provider by telephone, in writing or other technological means to investigate the matter and attempt through mediation to resolve the matter.

323.7 If the Office of Consumer Services determines that a matter cannot be resolved informally, then within five (5) Business Days, the Office of Consumer Services shall notify the Complainant in writing and invite the Complainant to file a Formal Complaint with the Commission. The Utility, Energy Supplier or Telecommunications Service Provider shall be copied on this notification. The notification shall:

(a) State that the Complainant has the right to file, at no cost, a Formal Complaint, if he or she so desires;

(b) State that a Formal Complaint must be filed within fourteen (14) Days of the date of mailing of the notification or the matter shall be dismissed;

(c) Indicate the availability of assistance and legal representation by the Office of the People’s Counsel and the address and telephone number of the Office of the People’s Counsel;

(d) Indicate that the Complainant may be represented by him or herself, by counsel, by the Office of the People’s Counsel, or by a third party of the Complainant’s choosing; and

(e) Set forth the Commission’s Formal Complaint and hearing procedures.

History

SOURCE: Final Rulemaking published at 25 DCR 10381, 10415 (June 1, 1979); as amended by Notice of Final Rulemaking published at 55 DCR 10014 (September 26, 2008); as amended by Notice of Final Rulemaking published at 55 DCR 12494 (December 12, 2008).

15 DCMR § 324 FORMAL COMPLAINTS

324.1 A Formal Complaint shall be in writing, signed by the Complainant or legal counsel, and shall state facts necessary to state a claim upon which relief may be granted and the specific relief requested. The Complainant or legal counsel shall submit the Complaint in a format approved by the Office of Consumer Services or consistent with the requirements set forth in Chapter 1 of the Commission’s Rules of Practice and Procedure, as applicable. 15 D.C.M.R. § 100 et seq. The Office of Consumer Services, or the Customer’s designated representative, may assist in completing a Complaint. The Complaint shall be filed with the Office of the Commission Secretary.

324.2 If a review of the Complaint by the Office of Consumer Services determines that a complaint should be revised to more clearly or fairly set forth the matter at issue, the complainant shall be so notified and offered assistance by the OPC or the Office of Consumer Services to amend the Complaint.

324.3 Within two (2) Business Days of the filing of the Complaint, the Office of the Commission Secretary shall notify and provide the affected Utility, Energy Supplier or Telecommunications Service Provider a copy of the Complaint in writing by facsimile, U.S. mail or other technological means. Each Utility, Energy Supplier and Telecommunications Service Provider shall provide the name, address, and telephone number of its designated contact Person or office for delivery of such notification.

324.4 A written answer to the Complaint shall be filed with the Commission within fourteen (14) Days from the date of notice, setting forth the Utility’s, Energy Supplier's or Telecommunications Service Provider’s position with respect to the allegations contained in the Complaint. The Utility, Energy Supplier or Telecommunications Service Provider shall also serve a copy of its answer on the Customer or Customer’s Designated Representative or their legal counsel.

History

SOURCE: Final Rulemaking published at 25 DCR 10381, 10417 (June 1, 1979); as amended by Notice of Final Rulemaking published at 55 DCR 10014 (September 26, 2008); as amended by Notice of Final Rulemaking published at 55 DCR 12494 (December 12, 2008).

15 DCMR § 325 FORMAL HEARING PROCEDURES

325.1 A formal hearing shall, if appropriate, be scheduled within forty-five (45) Days of the filing of the Complaint answer. Except in special cases, hearings shall be held during business hours of the Commission. The Commission shall designate a hearing officer who has not participated in the investigation of the Complaint to preside over the proceeding.

325.2 If the Formal Complaint fails to state all the facts necessary to state a claim upon which relief may be granted, the Hearing Officer may order the Complainant to amend the Complaint or may dismiss the complaint.

325.3 If a review of the Formal Complaint by the Hearing Officer determines that the Complainant is solely requesting monetary damages, compensatory or punitive damages, or if the Complaint alleges matters or legal grounds otherwise not within the Commission’s jurisdiction, the Hearing Officer shall issue an order dismissing the case with prejudice for failure to state a claim upon which relief may be granted or for lack of jurisdiction by the Commission.

325.4 The Commission shall provide notice of the hearing by first-class mail or other technological means, as authorized by the Commission, to the Customer and the Customer’s Designated Representative and to the Utility, Energy Supplier or Telecommunications Service Provider. Service shall be made by first-class mail postage prepaid at least fourteen (14) days prior to the hearing date unless the parties agree on a shorter time. The notice shall also state that in the event that the Complainant fails to attend a scheduled hearing without evidence of good cause, the Hearing Officer may dismiss the Complaint with prejudice. The Hearing Officer may reschedule any hearing to a date or time agreed upon by the parties or, upon notice and for good cause shown, at the request of any party.

325.5 A party requesting a second continuance will be required to provide good cause for the continuance. If the party is the Complainant and he or she does not provide good cause, as determined by the Hearing Officer, the Complaint may be dismissed, with prejudice. If the party is a Utility, Energy Supplier or Telecommunications Service Provider and it fails to provide good cause, the matter may be heard, without continuance. The Hearing Officer may, at his or her discretion, postpone or adjourn a hearing for reasonable cause. If a hearing is continued, adequate notice shall be provided to the parties.

325.6 In the event the Complainant fails to attend any scheduled hearing without good cause, the Hearing Officer may dismiss the Complaint with prejudice.

325.7 In the event a Utility, Energy Supplier or Telecommunications Service Provider fails to attend a scheduled hearing without good cause, the Hearing Officer may hear evidence and render a decision.

325.8 Upon a reasonable request from each other, the parties shall, within the timeframe prescribed in Chapter 1 of Title 15, provide all information they have that is relevant to the matters at issue in the Complaint including relevant documents, Account data, files and the names of witnesses. Nothing herein shall preclude a party from filing a request or motion to compel responses to information requests.

325.9 Parties may examine any relevant records of the Commission. However, information deemed to be confidential may be reviewed in a manner that is consistent with the Commission’s Rules of Practice and Procedure.

325.10 On any evidentiary issue or procedure where Chapter 3 of Title 15 is silent, the Hearing Officer may at his or her discretion utilize Chapter 1 of Title 15 regulations as appropriate.

325.11 Parties may represent themselves or be represented by counsel, conservator, legal guardian or someone with power of attorney. If a Complainant proceeds pro se, the Hearing Officer may construe the pleadings liberally. If it appears to the hearing officer that a party appearing without an attorney should be represented by an attorney, the Hearing Officer shall suggest that the party secure counsel or contact the Office of the People’s Counsel concerning representation and allow a reasonable time to secure such representation.

325.12 Parties shall have the right to present evidence, call witnesses, and present written and oral argument.

325.13 Witnesses shall testify under oath, and the parties shall have the right to examine and cross-examine all witnesses.

325.14 The Hearing Officer may, in his or her discretion, limit any line of questioning, testimony and the time for argument.

325.15 Unless otherwise ordered by the Hearing Officer, the Complainant’s witnesses shall testify first, followed by the Utility’s, Energy Supplier’s or Telecommunications Service Provider’s witnesses. A reasonable opportunity will be afforded all parties to present rebuttal evidence.

325.16 The Hearing Officer may elicit testimony from any witness regarding the issue(s) in dispute.

325.17 The Hearing Officer has the obligation, especially when a Complainant is not represented by counsel, to ensure that all material facts are developed to the fullest extent consistent with his or her responsibility to preside impartially throughout the proceeding.

325.18 The formal rules of evidence shall not apply, but the Hearing Officer shall exclude irrelevant or unduly repetitious evidence.

325.19 Parties may stipulate to any facts, and such stipulation shall be put into evidence.

325.20 All proceedings shall be recorded or transcribed by a certified court reporter. The transcriptions shall be made available promptly to any party upon request, at the party’s expense.

History

SOURCE: Final Rulemaking published at 25 DCR 10381, 10417 (June 1, 1979); as amended by Final Rulemaking published at 55 DCR 10014 (September 26, 2008); as amended by Final Rulemaking published at 55 DCR 12494 (December 12, 2008); as amended by Final Rulemaking published at 65 DCR 13506 (December 14, 2018). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 325

15 DCMR § 326 DECISION AND APPEALS

326.1 Within thirty (30) Days after the close of the record, the hearing officer shall issue a written decision which states the issues and makes findings of fact, conclusions of law, and his or her disposition of the matter.

326.2 When reviewing the matter for disposition, the hearing officer has available the following remedies:

(a) Upon a factual finding of a complainant’s meritorious claim, the hearing officer may award, as the facts in each individual case may warrant, a refund to Complainant for overpayment to a Utility, Energy Supplier, or Telecommunications Service Provider; a credit to Complainant’s account with a Utility, Energy Supplier, or Telecommunications Service Provider; a reduction in the amount owed on a Bill to a Utility, Energy Supplier, or Telecommunications Service Provider; or any other equitable or injunctive relief as permitted by these rules;

(b) In no instance may a hearing officer award a Complainant compensatory or punitive damages; and

(c) Complaints requesting monetary, compensatory or punitive damages as the sole basis for relief shall be dismissed with prejudice by the Hearing Officer for failure to state a claim upon which relief may be granted or for lack of jurisdiction by the Commission.

326.3 In cases involving billing disputes in which the hearing officer has concluded that all or part of the amount in dispute is owed, the hearing officer may, for good cause stated in the decision, direct that the amount found outstanding be paid in installments.

326.4 Copies of the hearing officer’s decision shall be served upon the parties either personally, by regular mail or other technological means on the Day the decision is issued, together with instructions on how to appeal the decision to the Commission and indicating the last date the appeal may be filed.

326.5 The decision of the hearing officer shall be final if there is no appeal to the Commission within the time specified in this section.

326.6 Any party may appeal the hearing officer’s decision to the Commission by filing a Petition for Review with the Commission Secretary’s Office within ten (10) Days of personal service or service by other technological means or twelve (12) Days of service by mail of the decision.

326.7 The appeal shall be signed by the party or his or her designated representative, identifying the decision appealed and specifying the grounds on which the appeal is based.

326.8 The appealing party shall serve the opposing party with a copy of the petition for review within one (1) Day of the date of its filing with the Commission. Service may be made personally, by first class mail or other technological means.

326.9 The opposing party’s response or cross-appeal shall be filed within seven (7) Days of personal service or other technological means and ten (10) Days of service by first class mail.

326.10 Within ten (10) Days of the filing of a Petition for Review, the record shall be prepared, certified as complete and forwarded by the Commission Secretary to the Commission.

326.11 The Commission shall review the decision and rule on the Petition for Review within thirty (30) Days after the record is prepared, certified as complete and forwarded by the Commission Secretary.

326.12 Upon review of the record, and after giving consideration to the matters raised on appeal in the Petition for Review, the Commission shall:

(a) Adopt the decision of the hearing officer;

(b) Issue a Commission decision;

(d) Take such other action as the Commission may deem appropriate.

326.13 If the Commission is unable to render a decision pursuant to 326.12 within thirty (30) Days, then the hearing officer’s decision becomes the final decision of the Commission. The decision will become final unless a tolling order is issued by the Commission extending the time for the Commission’s decision.

326.14 Any party may request reconsideration of a final Commission decision within thirty (30) Days of the issuance of the decision. The filing of such request shall act as a stay upon the execution of the order or decision of the Commission until the Commission takes final action; provided, that upon written consent of the Utility, Energy Supplier, or Telecommunications Service Provider such order or decision shall not be stayed unless otherwise ordered by the Commission. The Commission, within thirty (30) Days after the filing of the request for reconsideration, shall issue an order either granting or denying the request. In granting the request, the Commission shall, either with or without hearing, rescind, modify, or affirm its order or decision. If the Commission is unable to render a decision within thirty (30) Days, and does not issue a tolling order, then the decision of the hearing officer becomes final and is appealable pursuant to § 326.15.

326.15 Review of a final Commission decision shall be to the District of Columbia Court of Appeals pursuant to D.C. Code §§ 34-604 and 34-605 (2001). An appeal of any order of the Commission cannot be made unless a request for reconsideration shall have been first made pursuant to section 326.14. Any Person affected by a final order or decision of the Commission may, within sixty (60) Days after final action of the Commission upon request for reconsideration, file with the Clerk of the District of Columbia Court of Appeals a petition of appeal setting forth the reasons for such appeal and the relief sought; at the same time such appellant shall file with the Commission notice in writing of the appeal together with a copy of the petition filed in the Court of Appeals.

History

SOURCE: Final Rulemaking published at 25 DCR 10381, 10411 (June 1, 1979); as amended by Final Rulemaking published at 32 DCR 7497 (December 20, 1985); as amended by Final Rulemaking published at 55 DCR 10014 (September 26, 2008); as amended by Final Rulemaking published at 55 DCR 12494 (December 12, 2008); as amended by Final Rulemaking published at 65 DCR 13506 (December 14, 2018). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 326

15 DCMR § 327 CUSTOMER PROTECTION STANDARDS APPLICABLE TO ENERGY SUPPLIERS

327.1 This section sets forth billing, Deposit, Enrollment, Termination of Contract, supplier switching, advertising and minimum Contract standards that apply to Energy Suppliers, Marketers, Aggregators, and Consolidators licensed to provide competitive electric and gas services by the Public Service Commission of the District of Columbia. If a Customer has a Complaint about an alleged violation of this section, the Complaint procedures in § 320 of these regulations shall apply.

327.2 An Energy Supplier may not engage in a marketing, advertising, Solicitation or trade practice that is unlawful, misleading, or deceptive as set forth in D.C. Code § 28-3904.

327.3 An Energy Supplier shall not engage in Cramming.

327.4 An Energy Supplier shall not engage in Slamming.

327.5 Any prohibition regarding the disclosure of Account status and Customer information should not preclude Energy Suppliers from obtaining or providing Account status and Customer information for acquisition or sale of a book of business as long as the review of such information during a proposed acquisition or sale is subject to confidentiality agreements.

327.6 Energy Suppliers must maintain documentation to substantiate any advertisement of energy supply that contains specific environmental claims. Such documentation shall be made available, upon request, through a hard copy or other technological means.

327.7 Any Solicitation of energy supply that contains any specific offering to a residential Customer must at a minimum include the following:

(a) The Energy Supplier’s name, address, telephone number, and web site address, if applicable;

(b) The Energy Supplier’s District of Columbia license number in a clear and conspicuous manner;

(c) The price offered for natural gas supply or electricity supply may be either a fixed or variable rate. An explanation of a variable rate should indicate that:

A variable rate may be based on market conditions; and

A variable rate may result in higher or lower costs over an initial introductory rate;

(d) A statement that the advertised rate is only for the specified natural gas supply or electricity supply and does not include any additional tax, Utility Distribution Service Charge, or other Utility fee or Charge;

(e) Any minimum Contract duration necessary to obtain an advertised price;

(f) A statement of minimum use requirements, if any; and

(g) If the advertisement offers several services and does not break out individual prices for the services, the following disclaimer must accompany the advertisement: “Disclaimer: This offer includes several services at a single price. You should compare this price to the total of the prices you currently pay for each of the individual services.”

327.8 An electricity supply or natural gas supply Contract with a Customer shall, at a minimum, contain the following material terms and conditions:

(a) A list and description of the Contract services;

(b) A statement of minimum use requirements, if any;

(d) A price description of each service, including all fixed and variable costs;

(e) A notice that the Contract does not include Utility Charges;

(f) A billing procedure description;

(g) In the case of consolidated billing, a notice that the Customer acknowledges that Customer billing and payment information may be provided to the Energy Supplier;

(h) A statement of Contract duration, including initial time period and any rollover provision;

(i) A Deposit requirement, if any, including: the amount of the Deposit; a description of when and under what circumstances the Deposit shall be returned; a description of how the Deposit may be used; and a description of how the Deposit shall be protected;

(j) A description of any fee or Charge and the circumstances under which a Customer may incur a fee or Charge;

(k) A statement that the Customer may rescind the Contract within three (3) business days from the start of the Rescission Period;

(l) A statement that the Energy Supplier may terminate the Contract early including the circumstances under which early cancellation by the Energy Supplier may occur; the manner in which the Energy Supplier shall notify the Customer of the early cancellation of the Contract; the duration of the notice period before early cancellation; remedies available to the Customer if early cancellation occurs;

(m) A statement that the Customer may terminate the Contract early including the circumstances under which early cancellation by the Customer may occur; the manner in which the Customer shall notify the Energy Supplier of the early cancellation of the Contract; the duration of the notice period before early cancellation; and remedies available to the Energy Supplier if early cancellation occurs; and the amount of any early cancellation fee;

(n) A statement describing Contract renewal procedures, if any;

(o) A dispute resolution procedure;

(p) The Commission’s telephone number and website address; and

(q) The Office of the People’s Counsel’s telephone number and website address.

327.9 If an Energy Supplier receives a request from a Customer not to receive any Solicitations from that solicitor, the Energy Supplier shall no longer contact the Customer. If an Energy Supplier receives a request from a Customer not to receive a particular type of Solicitation from that solicitor, which includes, but is not limited to, in-person Solicitation, telephone Solicitation, electronic Solicitation or any form of mail or post card by the solicitor, the Energy Supplier shall not use that type of Solicitation with that Customer in the future.

327.10 Nothing in these regulations shall affect the applicability of any Federal or District Telephone Solicitation and consumer protection laws and regulations including, but not limited to, the fines and penalties thereunder for violation of such laws and regulations. Any Energy Supplier soliciting customers by telephone shall comply with all applicable District and federal laws, including the Telephone Consumer Protection Act of 1991 (15 USC §§ 6151 et seq.) and the Telemarketing Consumer Fraud and Abuse Prevention Act of 1994 (15 USC §§ 6101 et seq.).

327.11 There are three (3) principal ways in which a Customer may enter into a Contract with an Energy Supplier:

Through a recorded verbal consent via telephone Solicitation;

Electronic Contract; or

Written Contract.

327.12 An Energy Supplier may not use “negative option contracts,” in which Contracts are created if the Customer takes no action. Therefore, an Energy Supplier may not enter into a Contract with a Customer if the Customer simply refrains from action. However, Contract renewals are not negative option contracts.

327.13 If a Customer wishes to enter into a Contract with an Energy Supplier, the Energy Supplier may request from the Customer the following information, by telephone, in writing, or Internet or other technological means:

(a) The customer’s name;

(b) Billing address;

(d) Electronic mail address;

(e) Telephone number;

(f) Utility Account and any other number designated by the utility as

necessary to process an enrollment;

(g) Employment information; and

(h) Usage information.

327.14 An Energy Supplier may ask for additional information beyond that specified in Subsection 327.13 only after first informing the Customer of his or her right not to provide such information.

327.15 An Energy Supplier shall advise a Customer that he/she has the right to rescind the Contract agreement within the three (3) business day Rescission Period that begins on one of the following dates, as applicable:

When the Customer signs the Contract;

On the date that a positive Third-Party Verification or electronic recording has been made;

When the Customer transmits the electronic acceptance of the Contract electronically; or

When the Completed Written Contract is received by U.S. Mail; there is a rebuttable presumption that a Contract correctly addressed to a Customer, with sufficient first-class postage attached, shall be received by the Customer three (3) days after depositing in the U.S. Mail.

327.16 FOR A TELEPHONE SOLICITATION: Telephone Solicitations shall be made only between the hours of 9:00 a.m. and 9:00 p.m. If a Customer is solicited to enter into a Contract by telephone, whether the Energy Supplier or its authorized agent first contacts the Customer, or the Customer calls the Energy Supplier or its authorized agent in response to a direct mail Solicitation, the Energy Supplier or its authorized representative shall:

Begin the conversation by accurately stating the following:

His or her name;

The name of the business or organization calling;

The nature of the call, i.e., a Solicitation;

A brief description of the subject-matter being solicited; and

An offer to the Customer to hear the full Solicitation;

Describe the rates, terms, and conditions of the Contract;

Arrange to have the Customer’s intent to contract with the Energy Supplier independently verified. To verify a residential Customer’s intent to contract with an Energy Supplier by telephone, an Energy Supplier must utilize either:

An Independent Third-Party telephone verification;

An automated, computerized system; or

An electronic recording of the entire conversation between the Customer and the Energy Supplier which the Energy Supplier shall maintain for three (3) years.

327.17 All verifications performed pursuant to Subsection 327.16 shall be required to ask the Customer the following questions:

“Are you the Customer of record?”;

“Did you agree to switch your natural gas supply service or electric supply service to [New Supplier]?”; and

“Is [Customer’s address] your correct address?” or “Is [Customer’s Utility Account number] your correct Utility Account number?”

327.18 Once the Customer’s choice of Energy Supplier is verified by an Independent Third-Party Verifier or an electronic recording is made, the Energy Supplier shall, within five (5) business days from the day the Customer agreed telephonically to Contract with the Energy Supplier, provide to the Customer via U.S. Mail or electronic mail a copy of the Completed Written Contract.

327.19 Once a positive verification has been obtained or an electronic recording has been made, and a written Contract has been sent to the Customer, and after the Rescission Period has expired, the Energy Supplier shall transmit the Enrollment transaction to the Natural Gas or the Electric Utility, whichever is appropriate.

327.20 FOR AN INTERNET SOLICITATION: The Energy Supplier may post on its website an electronic version of its Solicitation for the supply of natural gas or electricity. The electronic solicitation shall include:

(a) An electronic application form for the Customer to enter into a Contract for the supply of natural gas or electricity;

(b) An electronic version of the actual Contract;

(d) A link to the Commission’s website to obtain the applicable rules and regulations governing the relationship between the Customer and the Energy Supplier.

327.21 After the Customer completes the electronic application form and electronically accepts the Contract terms and conditions, the Customer has a three (3) business day Rescission Period from the completed online Contract authorization date to rescind his or her Contract.

327.22 Upon receipt of the Customer’s electronic application and electronic acceptance of the Contract terms and conditions and after the Rescission Period has expired, the Energy Supplier shall transmit the enrollment transaction to the Natural Gas Utility or the Electric Utility, whichever is appropriate.

327.23 FOR HOME SOLICITATIONS: Home Solicitations shall be limited to the hours between 9:00 a.m. and sunset. During a home Solicitation, the Energy Supplier or its authorized agent shall:

Present the Customer with a photo identification card that identifies the name of the person making the solicitation and the name of the Energy Supplier that he or she is representing;

Begin the conversation by stating the following:

The name of the business or organization;

The nature of the visit, i.e., a Solicitation;

A brief description of the subject matter being solicited;

Ask the customer if he/she would like to hear the full Solicitation;

Present the Customer with a complete copy of the written or electronic Contract being offered and obtain the Customer’s consent consistent with one of the methods described in Subsection 327.11;

Obtain either an Independent Third-Party telephone verification of the Customer’s intent or obtain a signed contract that includes a statement in the Contract under the conspicuous Caption” “BUYER’S RIGHT TO CANCEL” which states: “If this agreement was solicited at or near your residence, and you do not want the goods or services, you may cancel this agreement by mailing a notice to the seller. The notice must say that you do not want the goods or services and must be mailed before midnight on the third business day after you signed this agreement. This notice must be mailed to: (name and address of seller)”; and

(e) Transmit the enrollment transaction to the Natural Gas Utility or the Electric Utility, after the Rescission Period has expired.

327.24 FOR DIRECT MAIL SOLICITATIONS: If a Customer is solicited at home through a direct mail Solicitation by an Energy Supplier, the Energy Supplier shall follow the Solicitation and contracting requirements in Subsections 327.7 and 327.8, respectively, and Subsections 327.13 and 327.14 with respect to telephone Solicitation where the customer calls the Energy Supplier or its authorized representative in response to the direct mail Solicitation.

327.25 In the event of a dispute over the existence of a Contract, the Energy Supplier shall bear the burden of proving the Contract’s existence.

327.26 When using any of the permitted forms of Solicitation, the Energy Supplier shall provide the Customer with a notification of his or her right to rescind the Contract pursuant to Subsection 327.15.

327.27 Upon completion of the Customer’s electronic enrollment request and after the Recession Period has expired, the Energy Supplier shall transmit the enrollment transaction to the Natural Gas Utility or Electric Utility, whichever is appropriate.

327.28 For purposes of these rules, the electronic submission by the Customer of the application to Contract with the Energy Supplier constitutes an “electronic signature” and an executed Contract.

327.29 If the Customer submits an electronic application and electronic Contract, the Energy Supplier shall acknowledge the Customer’s submission with a Confirmation of receipt of the electronic enrollment within twenty-four (24) hours of receipt.

327.30 It is the responsibility of the Energy Supplier to provide its website address to the Commission. The Natural Gas Utility, Electric Utility, and Energy Suppliers shall prominently display on their websites’ homepages links to the Commission’s website pages for Customer Retail Choice and Consumer Suppliers’ Offers.

327.31 For electronic contracting, the Energy Supplier’s website shall allow a Customer to print or save a copy of the Contract.

327.32 During the electronic enrollment procedure, each web screen shall clearly display a “Cancel” icon enabling the Customer to terminate the Enrollment transaction at any time. In addition, the cancellation feature shall be clearly explained to the Customer at the beginning of the electronic enrollment process.

327.33 At the completion of the electronic enrollment process, and at the end of the three (3) business day Rescission Period, the Energy Supplier, at the Customer’s request, shall provide a secure website location or a telephone number where the Customer can verify that he or she has been enrolled in the Energy Supplier’s program.

327.34 All online transactions between Energy Suppliers and Customers shall be encrypted using Secure Socket Layer (SSL) or similar encryption standards to ensure the privacy of Customer’s information consistent with Subsection 309.1.

327.35 The Electric Utility shall transfer a Customer to a competitive electricity supplier in no later than three (3) business days after receiving the notice of an enrollment transaction from the competitive electricity supplier. The Electric Utility shall transfer a Customer to Standard Offer Service in no later than 3 business days after receiving the Customer’s request. The Electric Utility shall accept the last enrollment received from the Energy Supplier at the relevant days’ end.

…

327.38 Energy Suppliers must process all Customer cancellation requests within three (3) business days after receipt of the cancellation request.

327.39 The transmittal of an EDI Transaction by the Electric Supplier to the Electric Utility shall not occur until after the three (3) business day Rescission Period.

327.40 The transmittal of an enrollment transaction by the Gas Supplier to the Gas Utility shall not occur until after the three (3) business day Rescission Period.

327.41 Upon an Energy Supplier’s Enrollment of a Customer, the Energy Supplier shall provide to the Customer, within a reasonable period of time the following:

A statement of enrollment;

A description of the agreed-upon billing option and the Company’s billing date, if applicable and if different from the Utility’s; and

Customer service information (including toll-free telephone number, mailing address, and dispute resolution process information).

327.42 The Customer shall notify the Energy Supplier, not the Utility, of his or her intent to rescind the Contract within the Rescission Period. If the Customer does request to rescind their Contract within the three (3) business day Rescission Period, the Enrollment shall be considered effective. If the Customer notifies the Energy Supplier of his or her intent to rescind the Contract within the three (3) business day Rescission Period, the Contract is deemed invalid and non-binding.

327.43 After the three (3) business day Rescission Period expires and the enrollment is processed by the Utility, the relationship between the Customer and the Energy Supplier shall be governed by the terms and conditions contained in the Contract.

327.44 An Energy Supplier shall provide the Customer with written notice of Contract expiration or termination at least thirty-five (35) days before the expiration or termination of the current Contract. The Energy Supplier’s written expiration or termination notice shall include the following:

Final Bill payment instructions;

A statement informing the Customer that unless the Customer selects a new Energy Supplier, Termination of Contract shall return the Customer to the Utility; and

The Commission’s telephone number and website address.

327.45 If an Energy Supplier’s Contract provides for voluntary renewal of the Contract or for automatic renewal of the Contract (also known as an “Evergreen Contract”):

(a) The Energy Supplier shall provide written notice to the Customer of the pending renewal of the Contract at least forty-five (45) days before the renewal is scheduled to occur;

(b) Written notice of any changes to the material terms and conditions (including, but not limited to, changes to the rate, the billing option or the Billing Cycle), shall be provided with or before the forty-five (45) day written notice. The notification of renewal and of any change in Contract terms shall be highlighted and clearly stated; and

(c) If the Contract is an Evergreen Contract, the forty-five (45) day written notice shall inform the Customer how to terminate the renewal of the Contract without penalty and advise the Customer that terminating the Evergreen Contract without selecting another Energy Supplier shall return the Customer to Natural Gas Sales Service or Electric Standard Offer Service. The written notice shall also inform the Customer that the Commission has additional information on the energy supply choices available to the Customer. The telephone number and website for the Commission shall be included in the written notice.

327.46 ASSIGNMENT OF CONTRACT

At least thirty (30) days prior to the effective date of any assignment or transfer of an Energy Supplier contract from one District of Columbia licensed Energy Supplier to another, the Energy Suppliers shall jointly provide written notice to the Customers of the Energy Supplier, the Commission, the utility and the Office of the People’s Counsel of the assignment or transfer.

Notice to Customer. The Energy Suppliers shall jointly send a letter to the Customer informing them of the assignment or transfer. The letter shall include:

A description of the transaction in clear and concise language including the effective date of the assignment or transfer; and

Customer service Contact information for the assignee;

The terms and conditions of the Customer’s Contract at the time of assignment shall remain the same for the remainder of the contract term; and

The Energy Suppliers shall file a notice with the Commission, with a copy to the Office of the People’s Counsel and the utility, of the assignment or transfer of the Customer Contracts and include a copy of the letter sent to Customers;

Upon request by the Commission, the assignee shall be responsible for providing documents and records related to the assigned Contracts. Records shall be maintained for a period of three years or until the Contracts are expired, whichever is longer; and

An assignment or transfer of an Energy Supplier Contract from one Energy Supplier to another is not an enrollment or drop.

327.47 An Energy Supplier shall post on its website current and understandable information about its rates, charges and services.

327.48 An Energy Supplier shall not conduct Meter test.

327.49 If an Energy Supplier’s charges are based on usage, an Energy Supplier shall rely on the Meter reading (actual, estimated, or customer meter readings) provided to it by the respective Utility, unless the Energy Supplier has installed, owns, and reads metering equipment, consistent with the applicable Utility’s tariff.

327.50 An Energy Supplier may, at the election of a Customer, Bill a Customer in accordance with a level payment billing plan. If an Energy Supplier utilizes the billing services of a Utility, an Energy Supplier may use the level payment plan as part of the Utility’s billing service. The Energy Supplier shall inform the Customer of this option and explain how the monthly payments are calculated. Prior to implementation of the level payment billing plan, the Energy Supplier shall provide the Customer with the following information in writing:

(a) An acknowledgement that the Customer shall be on the level payment billing plan effective the next billing period;

(b) An estimate of the Customer’s use on an annual basis and an explanation of how the monthly payment has been calculated;

(c) An indication that the final bill for the level payment billing plan effective period shall reflect the last level payment billing plan installment adjusted for any difference between actual and budgeted usage. Amounts overpaid shall be credited to the Customer’s account or refunded, if requested by the Customer. Amounts underpaid that are equal to or greater than the monthly payment may be paid in up to three (3) monthly installments; and

(d) Final bills are issued when either a Customer account is closed or in the case of a Customer with an Energy Supplier, the supply Contract is closed or changed. Any level payment billing plan in effect shall be reconciled upon rendering the final bill. Amounts underpaid shall be due within twenty (20) days of final bill rendering. Amounts overpaid shall be refunded or credited to the Customer’s utility account within twenty (20) days of final bill rendering.

327.51 The Energy Supplier may perform a periodic analysis of a Customer’s level payment billing plan and notify the Customer, within twenty-one (21) days thereafter, if actual usage varies significantly from that upon which the level payment billing plan was based and give the Customer an opportunity for revision of the level payment billing plan. If an Energy Supplier utilizes the billing services of a Utility, the Customer may have an opportunity for revision of the level payment billing plan at the same time as the Utility allows under the Utility’s level payment billing plan procedures or at a time designated by the Energy Supplier.

327.52 If the Customer enters into a Deferred Payment Agreement (DPA) with the Utility pursuant to § 306, and the Energy Supplier utilizes the billing services of the Utility, the Utility may include the Energy Supplier’s balance as part of its DPA.

327.53 Pursuant to D.C. Official Code § 34-1671.11 (d)(1) and § 34-1508 (b)(1), any Energy Supplier that violates this section, either directly or through its authorized agent, may be subject to Sanctions and Penalties including license revocation, upon notice given by the Commission.

History

SOURCE: Final Rulemaking published at 55 DCR 10014 (September 26, 2008); as amended by Final Rulemaking published at 55 DCR 12494 (December 12, 2008); as amended by Final Rulemaking published at 65 DCR 9968 (September 28, 2018); as amended by Final Rulemaking published at 65 DCR 13506 (December 14, 2018); as amended by Final Rulemaking published at 66 DCR 16242 (December 13, 2019). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 327

15 DCMR § 328 CUSTOMER PROTECTION STANDARDS APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS

328.1 The purpose of the Telecommunications Service Provider Consumer Protection Standards is to establish uniform standards for billing, security deposits, Disconnections and reconnections of service, resolution of complaints, enrollment procedures, advertising, termination of contracts, and switching of service of Telecommunications Service Providers.

328.2 This section applies to service provided to residential Customers by Telecommunications Service Providers who have received certification to provide local telecommunications services.

328.3 A Telecommunications Service Provider may not engage in a marketing, advertising, Solicitation or trade practice that is unlawful, misleading, or deceptive as set forth in D. C. Code §28-3904.

328.4 A Telecommunications Service Provider shall not engage in Cramming.

328.5 A Telecommunications Service Provider shall not engage in Slamming.

328.6 Any prohibition regarding the disclosure of Account status and Customer information should not preclude Telecommunications Service Providers from obtaining or providing Account status and Customer information for acquisition or sale of a book of business as long as the review of such information during a proposed acquisition or sale is subject to confidentiality agreements.

328.7 Telecommunications Service Providers must follow the Federal Communications Commission rules regarding Customer Proprietary Network Information.

328.8 Advertising of Telecommunications Service Providers shall be neither false nor misleading.

328.9 Information contained in a Telecommunications Service Provider’s advertising must be clear, accurate and supportable. In addition, any advertisement that contains any specific statement, claim, comparison or assertion regarding rates, that could reasonably be construed as an attempt to persuade consumers that the a Telecommunications Service Provider’s rate offering is better than the comparable rate offering of the incumbent local exchange carrier’s or another Telecommunications Service Provider’s offering must include:

(a) The rate for service offered, including a disclosure that the rate excludes local and federal taxes, fees and charges and that the total Bill will include such charges in addition to Telecommunications service charges. If the rate for service offered is not available because it is part of a bundled package, then the disclosure shall be in accordance with § 328.10(b) infra.

(b) Any taxes, fees and charges, other than for Telecommunications service to be provided, which will automatically be charged to consumers who contract for the advertised service; and

328.10 Any print Solicitation must contain all material terms and conditions, including, but not limited to, any of the following, if any is a material term or condition:

(a) Telecommunications Service Provider’s name, address, Customer contact, telephone number, and website address (if applicable);

(b) Itemization of services provided;

(d) Description of proposed Contract items;

(e) Duration of the agreement (including initial time period, rollover provisions with mandatory notice, and early cancellation penalties);

(f) Notice that there may be a Deposit required, including the amount of the Deposit, return procedures, use of and protection for such Deposits;

(g) All applicable fees and charges and the circumstances under which the Customers will incur them;

(h) Notice concerning early termination by the provider and the options open to the Customer if termination occurs; and

(i) Notice concerning early termination by the Customer and the options open to the Customer if termination occurs.

328.11 If the Telecommunications Service Provider is providing Bundled Service and does not break out the individual rates for services in its Solicitation, a disclaimer must accompany the Solicitation.

328.12 Telephone Solicitations shall be limited to the hours between 8 a.m. and 9 p.m. and comply with applicable Federal “Do Not Call” rules. Should a conflict between this section and the Federal rules exist, the Federal rules shall apply.

328.13 The party making the telephone Solicitation must begin the conversation by stating the following:

(a) The name of the business or organization calling;

(b) The nature of the call, i.e., a solicitation; and

328.14 Home Solicitations shall be limited between the hours of 8 a.m. and sunset. The soliciting party must produce a picture identification badge and begin the conversation by stating or asking the following:

(a) The name of the business or organization;

(b) The nature of the visit, i.e., a solicitation;

(d) If the Customer would like to hear the full Solicitation.

328.15 In any Contract solicited at a Customer’s home, the soliciting Telecommunications Service Provider must include a statement under the Conspicuous Caption: “BUYER’S RIGHT TO CANCEL” which states: If this agreement was solicited at or near your residence, and you do not want the goods and services, you may cancel this agreement by mailing a notice to the seller. The notice must say that you do not want the goods or services and must be mailed before midnight on the third Business Day after you signed this agreement. This notice must be mailed to: (name and address of seller). If you cancel, the seller may not keep any of your cash down payment.

328.16 Each Telecommunications Service Provider must comply with all federal “Do Not Call” rules and maintain its own “Do Not Call” List. If a Telecommunications Service Provider receives a request from a Customer not to receive Solicitations from that solicitor, the Customer’s name must appear on the list and the Customer shall no longer be contacted by the solicitor.

328.17 Any Telecommunications Service Provider that violates this section is subject to having its certification revoked by the Commission, after due process.

328.18 Nothing in these regulations will affect the applicability of any Federal or District telephone Solicitation and consumer protection law and regulations, including but not limited to, the fines and penalties thereunder for violation of such laws and regulations.

328.19 A Customer may not enter into a new Contract with a Telecommunications Service Provider by refraining from action except when complying with Federal rules governing Customer Proprietary Network Information.

328.20 If a Customer wishes to enter into a Contract with a Telecommunications Service Provider, the Telecommunications Service Provider may request, by telephone, in writing, or by Internet or other technological means, information including, but not limited to the following:

(a) The customer’s name;

(b) The customer’s billing address;

(d) The customer’s electronic mail address;

(e) The customer’s telephone number;

(f) The customer’s employment information; and

(g) The name of a third party responsible for the Bill.

328.21 The Telecommunications Service Provider may ask for additional information only after first informing the customer of his or her right not to provide such information.

328.22 If a contract is entered into electronically, the following conditions must be met:

(a) The Telecommunications Service Provider shall post on its web site an electronic version of the solicitation for the Telecommunications service. The electronic solicitation must include:

(1) An electronic application form to enter into a Contract for Telecommunications service,

(2) An electronic version of the actual Contract, and

(3) An electronic version of any applicable rules and regulations governing the relationship between the customer and the Telecommunications service provider.

(b) The electronic submission of the application to Contract with the Telecommunications Service Provider shall constitute a valid and binding “electronic signature;”

(c) The Telecommunications Service Provider must acknowledge the Customer’s submission of the application to Contract with a confirmation of receipt of application within twenty-four (24) hours of receipt;

(d) The Telecommunications Service Provider is not required to furnish a hard copy of the Contract or of any and all applicable rules and regulations if the same are posted in full and are available for download from the website of the Telecommunications Service Provider;

(e) The Telecommunications Service Provider’s website must be configured to prompt the Customer to print or save the terms and conditions to which the Customer agrees; and

(f) At the completion of the Enrollment process, the Telecommunications Service Provider’s website must display that the Customer has agreed to receive service from the Telecommunications Service Provider.

(g) All electronic transactions and communications via the Internet between the Customer and the Telecommunications Service Provider shall be protected in such a manner as to ensure privacy of the Customer’s information.

328.23 If applicable, a written Contract requires a written signature of the Customer.

328.24 In the event of a dispute over the existence of a Contract, the Telecommunications Service Provider shall bear the burden of proving the Contract’s existence.

328.25 Upon initiation of service, the Telecommunications Service Provider shall send, within a reasonable period of time, to the Customer:

(a) A statement of enrollment;

(b) A description of the agreed-upon type of service; and

328.26 A Telecommunications Service Provider shall post on the Internet information about its services and rates for Customers that is current and understandable.

328.27 Upon request by the Commission, a Telecommunications Service Provider may be required to provide information regarding a Customer’s request for its service. If such information is not provided, that Telecommunications Service Provider may be subject to Sanctions as determined by the Commission.

328.28 A Telecommunications Service Provider shall not be obligated to provide service to an applicant who owes the Telecommunications Service Provider money for Telecommunications service provided to a prior account in his or her name, unless:

(a) The applicant makes full payment for such service provided to any such prior account in his or her name;

(b) The Telecommunications Service Provider agrees to accept payments under a Deferred Payment Agreement of any amount due for Telecommunications service to a prior Account in the Applicant’s name;

(c) The applicant has pending a billing dispute pursuant to § 320 of these rules with respect to any amounts due for service to a prior account in his or her name and has paid any amounts required to be paid pursuant to those provisions; or

(d) The Commission directs the Telecommunications Service Provider to provide services to a Customer.

328.29 The Telecommunications Service Provider may request either a Deposit, guarantee or other payment option, but not both, as a condition of service.

328.30 An oral application for service shall be deemed completed when an applicant who meets the requirements of subsection 328.29 provides his or her name, address, and address of prior account or prior telephone number, if any. A Telecommunications service provider may establish non-discriminatory procedures to require an applicant to provide reasonable proof of the applicant’s identity.

328.31 An application for service not approved within three (3) Business Days may be deemed denied.

328.32 No Telecommunications Service Provider shall deny an application for service or condition service upon Deposit, guarantee or other payment option without advising the Applicant verbally or in writing within three (3) Business Days of receipt of the application for service of:

(a) The reason or reasons for the denial, or the requirement for a Deposit, guarantee, or other payment option;

(b) Precisely what the Applicant must do to qualify for service or satisfy the requirement; and

(c) His or her right to an investigation and review by the Commission of the denial or request for a Deposit, guarantee, or other payment option. The Telecommunications Service Provider shall advise the Applicant of the appropriate methods available to challenge the action of the Telecommunications Service Provider and the address and telephone number of the Commission and the Office of the People’s Counsel.

328.33 A Telecommunications Service Provider may not refuse service to a present or prospective Customer based upon the following grounds:

(a) Failure of a prior customer to pay for service at the premises to be serviced;

(b) Failure to pay for a different class of service or to a different entity; or

However, a Telecommunications Service Provider may refuse to provide services to a present or prospective Customer who has failed to pay an outstanding balance due the company for residential services incurred by the applicant or present Customer unless the applicant or present Customer consents to sign an agreement to pay the outstanding bill for such services or charges.

328.34 No Telecommunications Service Provider shall require any Applicant or existing residential Customer to post a Deposit, guarantee or be subjected to a credit limit or a direct debit payment option as a condition of receiving Telecommunications services unless the existing Customer or Applicant:

(a) Has an Account that has been delinquent in excess of sixty (60) days within the previous twelve (12) months;

(b) Has had Telecommunications services terminated for non-payment during the preceding six (6) months or has an outstanding balance on a previous District of Columbia residential Account;

(c) Does not give a Telecommunications Service Provider with which he or she is applying for service permission to determine the existence of delinquent Charges; or

(d) Fails to provide reasonable proof of identity.

328.35 If a Telecommunications Service Provider requires a deposit from an existing residential customer or an Applicant for telephone service, it shall permit such customer to pay the Deposit in installments over a period not to exceed six (6) months.

328.36 In any case where Customer Deposits are authorized by this section, the Deposit amount shall not exceed two times the average monthly bill for Telecommunications services for a calendar year in order to secure payment for Telecommunications services actually rendered or for the rental of equipment, instruments and facilities actually supplied.

328.37 Each Telecommunications Service Provider shall be liable for interest on Deposits held from the date the Deposit is made until the date the Deposit has been refunded or until an effort has been made to refund the Deposit. Each Telecommunications Service Provider shall pay simple interest on Deposits with the rate being established not later than January 15th of each year, equal to the average annual yields of one year Treasury bills for September, October, and November of the preceding year.

328.38 Each Telecommunications Service Provider holding Customer Deposits shall send a statement to each Customer when the Deposit is applied to an unpaid Bill or Bills which shows the following:

(a) The amount of the Deposit, together with the interest accrued thereon and the period covered thereby, and

(b) The balance of the Bill or Bills remaining to the credit of the Customer.

328.39 Upon Disconnection of service, the deposit and any accrued interest shall be credited to any outstanding final Bill and any remaining balance shall be returned to the customer.

328.40 A Deposit and accrued interest shall be refunded promptly or applied as a credit to the Customer’s account by the Telecommunications Service Provider upon satisfactory payment by the Customer of all proper Charges for Telecommunications service for twelve (12) consecutive months. The Telecommunications Service Provider may withhold return of Deposit funds pending resolution of any dispute.

328.41 A Telecommunications Service Provider shall maintain a record of all Deposits, showing the Customer’s name and address or other identifying data, the amount of the Deposit, the date it was paid, and the interest earned and paid thereon.

328.42 Each customer posting a Deposit shall promptly receive a confirmation containing, at a minimum the following information:

(a) The Customer’s name;

(b) The amount of payment; and

328.43 A Telecommunications Service Provider may suspend or disconnect Telecommunications service, if the Customer:

(a) Fails to pay the Telecommunications service provider charges due at any time during the preceding six (6) months, provided, however, that suspension or Disconnection of service for Bills due for service rendered during periods in excess of the six (6) month period is permitted in cases involving billing disputes during the six (6) month period;

(b) Fails to pay amounts due under a DPA;

(d) Fails to pay a lawfully required Deposit or provide a guarantee;

(e) Is in bankruptcy, receivership, has abandon service, or abnormal high usage not covered adequately by a security deposit less than five (5) days notice may be given if necessary to protect the Telecommunications Service Provider’s revenues;

(f) Fails to keep a prior promise to pay bankruptcy, receivership, abandoned service, or abnormal high usage is involved, a Telecommunications service provider may not deny services on the day preceding any day on which it is not prepared to accept payment of the amount due; or

(g) Fails to comply with municipal regulations or other laws pertaining to Telecommunications service.

328.44 A notice of suspension or Disconnection may either be sent along with the Bill or such notice must be on the first page of the Bill and shall be in such bold print as to be conspicuous to a reasonable Person. A notice of suspension or Disconnection shall clearly state or include:

(a) The earliest date on which suspension or disconnection may occur;

(b) The reasons for suspension or disconnection and the manner in which suspension or disconnection may be avoided including the total amount required to be paid to avoid suspension or disconnection;

(c) The address and telephone number of the office of the Telecommunications Service Provider that the Customer may contact in reference to his or her account;

(d) The availability of the procedures for handling Complaints;

(e) The availability and a general description of a DPA, which shall be capitalized and in bold print; and

(f) Additional information consistent with this Chapter.

328.45 A Telecommunications Service Provider shall not Disconnect Residential Service unless a Disconnection or suspension notice has been sent to the Customer at the billing address by either first class mail or other technological means at least fifteen (15) Days prior to the date of proposed Disconnection. The Telecommunications Service Provider shall not suspend Residential Service unless a suspension notice has been sent to the Customer at the billing address by either first class mail or other technological means at least ten (10) Days prior to the date of proposed suspension. Any notice required to be sent to a Customer prior to Disconnection or suspension of service may be sent along with the Bill for service; however, the notice of Disconnection or suspension of service must be on the first page of the Bill and shall be in bold print. When the Customer has requested, a duplicate copy of the notice shall be sent by either first class mail or Internet or other technological means to a designated third party. The third party assumes no obligation for the Customer’s Account.

328.46 A Telecommunications Service Provider may not issue or send a notice of suspension or Disconnection unless at least twenty-five (25) Days have elapsed from the Bill date. When exceptional circumstances exist, a notice may be issued in less than twenty-five (25) Days, but only in accordance with procedures approved by the Commission.

328.47 The Telecommunications Service Provider shall make, at minimum, two (2) attempts to contact the Customer by telephone, in writing, in Person or other technological means, to advise of the pending action and what steps must be taken to avoid Disconnection. At least two (2) Days before the date set for Disconnection of service, a Telecommunications Service Provider shall make reasonable efforts to contact the Customer, by telephone, in person or other technological means, to advise of the pending action and what steps must be taken to avoid Disconnection.

328.48 A Telecommunications Service Provider shall not disconnect service for the period after 5:00 p.m. Thursday and before 8:00 a.m. Monday, provided such Day or the following Day is not a public holiday or a Day on which the main business office of the Telecommunications Service Provider is closed for business.

328.49 Subsection 328.48 shall not apply to service Disconnection to abandoned buildings, where the Customer has requested Disconnection in circumstances of unsafe conditions, or to Disconnection of Telecommunications services where there is evidence of toll abuse or fraud.

328.50 No Telecommunications Service Provider shall suspend or disconnect service on the grounds that a customer’s facilities have been abandoned or are being used by unauthorized persons unless such Telecommunications Service Provider shall first determine by such means as are reasonably calculated to determine occupancy, that such facilities have in fact been abandoned or are being used without the authority of the customer of record. The Telecommunications Service Provider shall send notice to the customer stating the reasons for the suspension or Disconnection, except that the five (5) days notification period shall be waived when mailings are returned by the post office or a new Customer advises that he or she moved into the location.

328.51 No Telecommunications Service Provider shall suspend or disconnect service for non-payment of bills rendered unless:

(a) It has verified that payment has not been received at any office of the Telecommunications Service Provider or at any office of an authorized collection agent through the end of the notice period required by this chapter; and

(b) It shall have verified on the day suspension or Disconnection occurs that payment has not been posted to the customer’s account as of the opening of business on that day.

328.52 Each Telecommunications Service Provider shall ensure that any payments made in response to a notice of suspension or Disconnection, when the customer brings to the attention of the Telecommunications Service Provider or its collection agents that such a notice has been issued, are:

(a) Posted to the Customer’s account on the day payment is received; or

(b) Processed in a manner such that suspension or Disconnection will not occur.

328.53 Service shall not be used for any purposes in violation of law or for any use as to which the Customer has not obtained all required governmental approvals, authorizations, licenses, consents, and permits.

328.54 Service shall not be used in any manner that interferes with other Persons in the use of their service, prevents other Persons from using their service, or otherwise impairs the quality of service to other Customers. The Telecommunications Service Provider may require a Customer to immediately shut down its transmission of signals if said transmission is causing interference to others or impairing the service of others.

328.55 A Telecommunications Service Provider shall reconnect service within twenty-four (24) hours of cure of the cause for suspension or Disconnection upon:

(a) Receipt by the Telecommunications Service Provider of full amount of arrears for which service was suspended or Disconnected or upon the elimination of conditions that warranted suspension or termination of service; or

(b) Agreement by the Telecommunications Service Provider and the Customer on a Deferred Payment Agreement and the remittance of a down payment, if required under the plan.

328.56 Whenever circumstances beyond the Telecommunications Service Provider’s control prevent reconnection of service within twenty-four (24) hours of any of the events specified in § 328.55, service shall be reconnected by the Telecommunications Service Provider or Utility with ownership or control of the facilities causing the service interruption within four (4) hours after those circumstances cease to exist.

328.57 In the event of a dispute between a Customer and a Telecommunications Service Provider regarding any matter contained in § 328 of these regulations, such dispute shall be resolved pursuant to the provisions of §§ 323, 324, 325 or 326 of these regulations.

History

Source: Notice of Final Rulemaking published at 55 DCR 10014 (September 26, 2008); as amended by Notice of Final Rulemaking published at 55 DCR 12494 (December 12, 2008).

15 DCMR § 398 WAIVER

398.1 The Commission may upon request, or on its own initiative after notice to the parties of its intention do so, waive any provision of this chapter for good cause.

History

SOURCE: Final Rulemaking published at 55 DCR 10014 (September 26, 2008); as amended by Final Rulemaking published at 55 DCR 12494 (December 12, 2008); as amended by Final Rulemaking published at 67 DCR 11091 (September 18, 2020). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 398

15 DCMR § 399 DEFINITIONS

399.1 When used in this chapter, the following terms and phrases shall have the meaning ascribed:

Account: A record capturing information related to the service(s) provided to a Customer or at a premise by a Utility, Energy Supplier or Telecommunications Service Provider or third-party biller on behalf of a Utility, Energy Supplier or Telecommunications Service Provider.

Aggregator: A person who acts on behalf of customers to purchase gas or electricity. To “act on behalf of customers” means that a person acts with the express authorization of customers to purchase gas or electricity on those customers’ behalf and receives direct or indirect compensation or benefit in any form from any entity.

Applicant: Person who requests natural gas, electric or Telecommunications services at premises to be used as his or her residence or the residence of a third party on whose behalf the Person is requesting service.

Bill: A statement from the Utility, Energy Supplier, or Telecommunications Service Provider, stating the Charges for the services rendered to the Customer or premises.

Billing Cycle: The service period of twenty-six (26) to thirty-five (35) Days.

Billing Error: An under charge or over charge that is caused by, but not limited to, any of the following: (1) an incorrect actual meter reading by an Electric Utility or Natural Gas Utility; (2) an incorrect remote meter read; (3) an incorrect meter constant or pressure factor; (4) an incorrect calculation of the applicable rate; (5) a meter switched by an Electric Utility or Natural Gas Utility; (6) an incorrect application of a rate schedule; or (7) another similar act or omission by the utility, or Energy Supplier, in determining the amount of a customer’s bill. An undercharge or overcharge that is caused by a non-registering meter, a meter error, or the use of an estimated meter reading is not a billing error.

Broker: A person who acts as an agent or intermediary in the sale and purchase of natural gas or electricity but who does not take title to natural gas or electricity.

Bundled Service: Package of multiple services offered at a single price.

Business Day: A Day in which normal business is transacted, excluding Saturdays, Sundays, and Federal and District of Columbia holidays.

Charge: The price of a service or commodity to a Customer or premise.

Commission: The Public Service Commission of the District of Columbia.

Complaint: Any contact by a Customer or his or her Designated Representative with the Commission in which the Customer or Designated Representative registers dissatisfaction with the Utility, Energy Supplier, or Telecommunications Service Provider's service.

Complainant: A Customer or Customer's Designated Representative who files a Complaint.

Completed Written Contract: An agreement between a Customer and an Energy Supplier that specifies the terms, conditions and charges for the provision of electric or natural gas services to the Customer and the agreement is signed or acknowledged through Third Party Verification, an electronic signature, or an electronic recording.

Consolidator: any owner of or property manager for multi-family residential, commercial office, industrial, and retail facilities who combines more than one property for the primary purpose of contracting with an Aggregator or energy supplier for gas or electric energy services for those properties and who: (A) does not take title to natural gas or electric energy; (B) does not sell natural gas or electric energy to buildings not owned or managed by such owner or property manager; (C) does not offer aggregation of natural gas or electric energy services to other, unrelated end-users; and (D) arranges for the purchase of natural gas or electric energy services only from duly licensed energy suppliers or Aggregators.

Consolidated Bill: an arrangement whereby a Customer receives a single Bill from a Utility.

Confirmation: (A) Confirmation of a telephone application for Enrollment of a residential Customer refers to action taken by a competitive Energy Supplier wherein an Independent Third Party Verifier must confirm the residential Customer’s decision to switch from an Energy Supplier. (B) Confirmation of an electronic application for Enrollment occurs when the Energy Supplier sends an electronic response to the Customer confirming that the application for Enrollment was intended and received. (C) There is no confirmation process applicable to written applications for Enrollment.

Contract: An agreement between a Customer and an Energy Supplier or Telecommunications Service Provider that specifies the terms, conditions, and Charges for the provision of electric, natural gas or Telecommunications services to the Customer.

Cramming (for Telecommunications Service Providers): The practice of causing unauthorized, misleading or deceptive Charges to be placed to a Customer’s existing Telecommunications service Account option(s).

Cramming (for Energy Suppliers): The practice of adding services or Charges to a Customer’s existing retail energy service options absent the express consent of the Customer.

Customer: An accountholder or purchaser of electric, natural gas or Telecommunications services for residential use in the District of Columbia, excluding master-metered apartments with four or more units. An Account holder is a person in whose name an account with a Utility, Energy Supplier, or Telecommunications Service Provider has been established.

Day: A calendar day unless otherwise specified.

Deferred Payment Agreement (DPA): An agreement whereby a Customer pays a past due balance on an installment basis.

Deposit: Any payment made by a Customer to a Utility, Energy Supplier or Telecommunications Service Provider in order to secure the Utility, Energy Supplier or Telecommunications Service Provider against potential Customer nonpayment or default.

Designated Representative: A Person for whom the Customer of record has submitted a notarized letter with the Office of Consumer Services authorizing the representative to act on his or her behalf.

Disconnection: An action by a Utility or Telecommunications Service Provider to prevent the delivery of energy or Telecommunications services. For Telecommunications services, this shall also include the suspension of services.

Distribution Service Charge: A Charge levied by the Electric or Natural Gas Utility to deliver energy supply to the Customer.

Drop: The removal of a Customer from a supplier’s service.

EDI Transaction: Electronic Data Interchange.

Electric Utility: The company that provides electric distribution service and is regulated by the Public Service Commission of the District of Columbia.

Energy Supplier: An Electricity Supplier or Natural Gas Supplier as defined below:

Electricity 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 the 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;

(c) 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;

(d) Property owners who supply small amounts of power, at cost, as an accommodation to lessors or licensees of the property;

(e) Consolidators;

(f) A Community Renewable Energy Facilities (CREFs) as defined in 15 DCMR § 4199.1 and as described in 15 DCMR §§ 4109.1-4109.3 pursuant to the Community Renewable Energy Amendment Act of 2013 (D.C. Law 20-47; D.C. Official Code §§ 34-1518 et seq.);

(g) An Electric Company; and

(h) Any Person or entity that owns a behind-the-meter generator and sells or supplies the electricity from that generator to a single retail customer or customers behind the same meter located on the same premise.

Natural Gas Supplier: A licensed Person, broker, or marketer, who generates natural gas; sells natural gas; or purchases, brokers, arranges or markets natural gas for sale to customers.

Enrollment: The process in which the Natural Gas or Electric Company receives and processes the notification from the energy supplier that a customer has entered into a contract for the supply of natural gas or electricity.

Estimated Bill: A Bill for natural gas or electric service which is not based on an actual meter reading by the Utility or Customer.

Evergreen Contract: A Contract that is capable of automatic renewal without any action by the Customer.

Formal Complaint: A written Complaint filed with the Commission.

Generation Service Charge: A Charge levied by the Energy Supplier or Utility for the provision of electricity supply to the Customer.

Independent Third-Party Verifier: A Person retained by individual Energy Suppliers to confirm the Customer’s decision to enter into a Contract for the supply of natural gas or electricity.

Informal Complaint: A Complaint filed by a Customer with the Commission’s Office of Consumer Services requesting mediation of a dispute after the Customer has failed to resolve the dispute directly with the Utility, Energy Supplier, or Telecommunications Service Provider.

Marketer: A person who purchases and takes title to natural gas or electricity as an intermediary for sale to Customers.

Meter: Instrument that measures or records the amount of energy service delivered to the customer.

Natural Gas Equipment: The term includes gas Meters, Natural Gas Service Regulators, Shut-Off Valves, and any other gas equipment associated with the delivery of gas to the Customer.

Natural Gas Main Line: A distribution line that serves as a common source of supply for more than one service line.

Natural Gas Sales Service: Services governed under WG’s Rate Schedule No. 1., with Sales Service, whereby the Customer receives natural gas supply from the Washington Gas Light Company. Sales Service is also available as a default to Customers who Contract for natural gas with an Energy Supplier but who fail to receive delivery of natural gas under such Contracts and to Customers who do not choose an Energy Supplier.

Natural Gas Service Line: A distribution line that transports gas from a common source of supply to an individual Customer, to two adjacent or adjoining residential or small commercial Customers, or to multiple residential or small commercial Customers served through a gas Meter header or manifold. A service line ends at the outlet of the Customer gas Meter or at the connection to a Customer’s piping, whichever is further downstream, or at the connection to Customer piping if there is no gas Meter.

Natural Gas Service Regulator: The device on a service line that controls the pressure of natural gas delivered from a higher pressure to the pressure provided to the Customer. A service regulator may serve one Customer or multiple Customers through a gas Meter header or manifold.

Natural Gas Utility: The company that provides Sales Service and delivery of distribution service and is regulated by the Public Service Commission of the District of Columbia.

Office of Consumer Services: An office of the Commission designated to perform responsibilities in accordance with this chapter.

Office of Enforcement and Compliance (“OCE”): Is an office of the Commission designated to perform responsibilities in accordance with this chapter.

OPC: The Office of the People’s Counsel of the District of Columbia.

Person: Every individual, corporation, company, association, joint-stock company, firm, partnership, or other entity.

Purchased Gas Charge (PGC): The provision in a Natural Gas Utility’s rate schedule which permits the adjustment of the amount of the Bill as the cost of gas varies from a specified base amount per unit.

Rescission Notice: Written correspondence issued to the Customer via U.S. Mail notifying the Customer of the right to cancel.

Rescission Period: The time period within which a Customer may choose to cancel a Contract for natural gas or electric service with an energy supplier.

Residential Service: Natural gas or electric service to a separately metered household, and including natural gas service to not more than three dwelling units served by a single Meter in a multiple-family dwelling, or portion thereof; telephone service to an individual, family or group for non-business purposes.

Sanctions: The following Sanctions may be imposed by the Commission:

(a) Civil Penalties: The Commission may impose a civil penalty of not more than $10,000 for each violation. Each Day a violation continues shall be considered a separate violation for purposes of this penalty. The commission shall determine the amount of a civil penalty after considering the following: the number of previous violations of any provisions of Commission law or regulations; the gravity and duration of the current violations; and the good faith efforts of the Licensee or Person charged in attempting to achieve compliance after the Commission provides notice of the violation.

(b) Customer Refund or Credit: The Commission may order a Licensee to issue a refund or credit to a Customer.

(c) Cease and Desist Order: The Commission may order the Licensee to cease adding or soliciting additional Customers; cease serving Customers in the District of Columbia; and cease any action found to be in violation of Commission orders, rules or regulations.

(d) Cancellation of a Contract or part of a Contract between a Customer and a Licensee.

(e) Suspension of License.

(f) Revocation of License.

Service Provider: An energy supplier or Telecommunications service provider as defined in this section.

Shut-Off Valve: A small local valve used to control the flow of natural gas and is installed upstream of the gas Meter.

Slamming (for Telecommunications Service Providers): Occurs when a company changes a Customer’s Telecommunication’s carrier selection without that Customer’s knowledge or explicit authorization.

Slamming (for Energy Suppliers): The practice of switching, or causing to be switched, a Customer’s natural gas or electric supplier Account without the express authorization of the Customer.

Solicitation: A communication in any medium that urges a customer to Contract for receipt of specific natural gas, electricity, or Telecommunications services from an Energy Supplier or Telecommunications Service Provider. Types of Solicitation may include, but are not limited to, telephone Solicitation, radio advertisements, print advertisements, home Solicitations, electronic advertisements (i.e. Internet), newspaper advertisements, and written Solicitations.

Standard Offer Service: Service provided by the incumbent electric Utility to 1) Customers who do not choose an electricity supplier; 2) Customers who cannot arrange to purchase electricity from an electricity supplier; and 3) Customers who contract for electricity with an electricity supplier, but who fail to receive delivery of electricity under such Contracts.

Tariff: A schedule of rates, terms and conditions governing the provision of Telecommunications or energy service on file with the Public Service Commission.

Telecommunications Service Provider: For purposes of this chapter only, any provider of Telecommunications service that was not an incumbent local exchange carrier in the District of Columbia on January 31, 1996.

Termination of Contract: Cessation of a Contract for supply with an Energy Supplier or services of a Telecommunications Service Provider between the Service Provider and Customer.”

Third Party Verification (TPV): The process of getting consent from a Customer to the below-listed material contract terms that is recorded by an independent person not party to the agreement or may be performed by an automated, computerized system. To be valid, the TPV must occur without the presence of the sales agent, and at the outset must describe how the Customer can cancel the TPV at any time prior to completion. The consent for the Customer must include an acknowledgement: (a) that he or she is voluntarily choosing to enroll with a supplier; (b) of the type of product offered such as variable, fixed, or a combination of both; (c) of the price and duration of the contract; (d) of the amount of an early termination fee if applicable; (e) that the Customer is authorized to make the switch; (f) of the contract renewal procedures;(g) that the Customer may access future pricing information; and (h) that the Customer has received the supplier’s Customer support contact information.

Utility: Every street railroad, street railroad corporation, common carrier, gas plant, gas corporation, electric company, telephone corporation, telephone line, telegraph corporation, telegraph line, and pipeline company.

Utility Consumer Bill of Rights: Refers to the Commission’s Consumer Bill of Rights, adopted as regulations by the PSC in the 15 DCMR Chapter 3.

History

SOURCE: Final Rulemaking published at 55 DCR 10014 (September 26, 2008); as amended by Final Rulemaking published at 55 DCR 12494 (December 12, 2008); as amended by Final Rulemaking published at 65 DCR 13506 (December 14, 2018); as amended by Final Rulemaking published at 67 DCR 4551 (April 24, 2020); as amended by Final Rulemaking published at 67 DCR 6833 (June 5, 2020). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 399

15-4 MASTER-METERED APARTMENT BUILDINGS

15 DCMR § 400 PURPOSE AND APPLICABILITY

400.1 The purpose of this chapter shall be to establish procedures to prohibit termination of electric and gas utility services to master-metered apartment buildings.

400.2 Tenants shall be provided the opportunity to take on prospective financial responsibility for the utility services pursuant to the provisions of this chapter. In addition, tenants and utilities may petition the Superior Court of the District of Columbia for the appointment of a receiver.

400.3 This chapter shall apply to all electric and gas utilities under the jurisdiction of the Public Service Commission that supply services to master-metered apartment buildings and have actual or constructive knowledge that the tenants of the apartment house are not persons to whom the utility sends its bills.

400.4 The utility shall be considered to have constructive knowledge whenever a single original bill is sent for a particular utility service supplied to an entire apartment house. The mailing of duplicate copies of the original bill shall not negate this single bill status.

History

AUTHORITY: Unless otherwise noted, the authority for this chapter is §8 of the Prohibition of Electric and Gas Utility Service Terminations to Master-Metered Apartment Buildings Act of 1980, D.C. Law 3-94, D.C. Code §43-547 (1981 Ed.).
SOURCE: Final Rulemaking published at 28 DCR 3329, 3331 (July 24, 1981).

15 DCMR § 401 TENANTS' RIGHTS

401.1 A gas or electric utility shall not terminate service to any master-metered apartment building on the basis of non-payment of a delinquent account by the owner, agent, lessor or manager (herein referred to as the "owner") unless that utility provides an opportunity, where practicable, for the tenants to assume prospective financial responsibility for the utility services furnished by receiving service in their own names, either individually or collectively, on the same terms as any other customer and without any liability for the amount due while service was billed directly to the owner.

401.2 As used in this section, the terms "where practicable" means when the utility finds either that it is feasible to individually meter each apartment involved or that it is feasible to divide the total utility bill among the tenants in a fair and equitable manner. It shall be "practicable" to offer tenants an opportunity to receive service collectively when there is a group or association of tenants which is willing to accept responsibility for collecting and paying the entire bill.

401.3 Any determination made by the utility that the opportunity for a tenant to receive service in his or her own name is not practicable shall be appealable by that tenant to the Public Service Commission within ten (10) working days of the posting of the Statement of Practicability.

401.4 The Public Service Commission shall, within five (5) working days from the date of the appeal, make the final determination of whether or not the utility's decision was correct. An appeal shall only be taken by tenants residing in the apartment at the time the notice is posted.

History

SOURCE: Final Rulemaking published at 28 DCR 3329, 3332 (July 24, 1981).

15 DCMR § 402 NOTICE OF TENANTS' RIGHTS AND OPTIONS

402.1 At least twenty-one (21) days prior to terminating service, a utility company shall send, by registered mail, to each tenant whose name is made known to the utility company a Notice of Tenants' Rights and Options. The notice shall also be sent to all tenants by regular mail. The notice shall contain the following:

(a) A general fact sheet giving the reason for the proposed change in billing, the owner's name, a description of the following options available to tenants for the provision of utility service:

(1) Individual metering;

(2) Collective payment by a tenant's association;

(3) Individual payment based on a fair and equitable allocation of the total bill; and

(4) The appointment of a receiver;

(b) The telephone number and address of the utility, the name of the person or persons handling these matters and an invitation to contact the utility for more information;

(c) The date, time and place for a meeting between the tenants and a field representative from the utility to discuss the available alternatives. With respect to this meeting only, a notice shall be sent to the District agency which is authorized to represent citizens in utility matters;

(d) The statement that the tenant has the right to deduct all future payments made by the tenant for utility services from rent owed as provided by §3 of D.C. Law 3-94; and

(e) A Preliminary Election Card, printed on a postage paid postcard, to be filled out by the tenant indicating the tenant's preference among the following options:

(1) Individual metering, if practicable;

(2) Collective payment by a tenants' association, if practicable;

(3) Individual payment based on a fair and equitable allocation of the total bill; and

(4) Appointment of a receiver.

402.2 For the purposes of §402.1(a)(3), the utility company shall state its proposal for a fair and equitable division of the utility bill and the proposed percentage to be paid by each tenant.

402.3 For the purposes of §402.1(e)(1), the individual metering option shall clearly state the following:

(a) This option is only a possibility if sixty percent (60%) of the tenants in the master-metered building indicate a preliminary interest and if the utility company finds that it is practicable to individually meter the building; and

(b) The tenant may abandon the individual meter selection within ten (10) days after reviewing the detailed Statement of Practicability which is prepared by the utility company.

402.4 The postcard required by §402.1(e) shall also contain the advisory note that failure to return the postcard by a stated date, which shall be not less than ten (10) days from the date the postcard is mailed, shall mean that the tenant does not wish to receive service in his or her own name and desires the appointment of a receiver.

402.5 The Notice of Tenants' Rights and Options shall be submitted to the Public Service Commission for its approval prior to distribution to tenants. A copy of the Notice of Tenants' Rights and Options shall also be published in a newspaper of general circulation on the day that the notices are mailed to the tenants and be prominently displayed in an area of the apartment house which is readily accessible to all tenants.

History

SOURCE: Final Rulemaking published at 28 DCR 3329, 3333 (July 24, 1981).

15 DCMR § 403 STATEMENT OF PRACTICABILITY

403.1 The utility company shall prepare and submit to the Public Service Commission a Statement of Practicability for Individual Metering for any master-metered apartment house for which termination of service is sought and for which at least sixty percent (60%) of the tenants have indicated an interest in the individual metering option on their Preliminary Election Sheets.

403.2 The Statement of Practicability shall contain the following information:

(a) The address of the apartment house;

(b) The name of the owner;

(d) Whether the entire apartment house can be individually metered;

(e) Whether it is feasible to individually meter less than the entire apartment house;

(f) The total cost of individual metering for the apartment house, the proposed cost to each tenant of individual metering, and the basis for the determination of both of these costs;

(g) If individual metering is not possible, whether the apartment house can be sub-metered and, if so, how (e.g. by floor, by groups of units, etc.);

(h) The total cost of sub-metering and the proposed cost to each tenant; and

(i) Any special considerations pertaining to the apartment house and its service which may have a bearing on the utility's decision on practicability.

History

SOURCE: Final Rulemaking published at 28 DCR 3329, 3334 (July 24, 1981).

15 DCMR § 404 [RESERVED]

15 DCMR § 405 NOTICE OF OPTION SELECTED

405.1 After the utility has received all of the tenants' Preliminary Election Postcards or after the expiration of the ten (10) day waiting period (whichever comes first), the utility shall advise all tenants of the option selected by the majority of the tenants for payment of utility service to the building.

405.2 If no option is selected by a majority, the option selected by a plurality of the tenants shall prevail.

405.3 Any option selected shall be practicable under this chapter.

405.4 If the utility company does not find the selected option to be practicable, it shall state its reasons in the notice and advise the tenants of their right to appeal the decision to the Commission within ten (10) working days.

405.5 Where sixty percent (60%) or more of the tenants have elected the individual metering option, the utility company shall immediately begin, at its own expense, the preparation of a Statement of Practicability for the master-metered building in question.

405.6 When the Statement of Practicability has been prepared, the utility company shall send to each tenant in the building a notice detailing the following information:

(a) The determination made by the utility company whether it is practicable to offer tenants the opportunity to assume prospective service in their own name, the basis of that determination, and the nature of the service which could be offered. If the utility company has determined that the installation of individual meters is feasible, the notice shall include the condition that individual metering shall only be available if within ten (10) days from the delivery of this Statement of Practicability, all of the tenants elect to have individual meters installed;

(b) The cost to the tenant of installing an individual meter, if feasible, and the basis of the cost determination; and

405.7 The notice shall first be approved by the Public Service Commission and shall be sent by registered mail or hand-delivered to each apartment unit where a tenant's name is known. The notice shall also be sent to all tenants by regular mail and published in a newspaper of general circulation in the District of Columbia.

History

SOURCE: Final Rulemaking published at 28 DCR 3329, 3335 (July 24, 1981).

15 DCMR § 406 TENANT PAYMENT OF UTILITY BILL

406.1 Tenants who elect to have their units individually metered at their own expense consistent with §407 and tenants who elect to receive service in their own name pursuant to the utility's fair and equitable share proposal shall pay their utility costs directly to the utility company.

406.2 If a tenant who has agreed to accept responsibility for payment of his or her utility costs later defaults on the payment of his or her utility bill, the utility companies may terminate the service to the individual using the same method as is employed for other consumers.

406.3 If a tenant association which has agreed to accept responsibility for payment of the apartment's utility costs later defaults on the payment of the apartment's utility bill, the utility company may move immediately to appoint a receiver and the tenants shall remain individually liable for their fair and equitable share of the utility costs throughout this period.

History

SOURCE: Final Rulemaking published at 28 DCR 3329, 3336 (July 24, 1981).

15 DCMR § 407 RESPONSE REQUIRED FROM EVERY TENANT

407.1 In cases where the utility company has indicated that individual metering of less than the entire building is not feasible and all the tenant responses indicated that they wish to receive service in their own name and to have installed at their own expense individual meters, the utility shall make an effort to contact every tenant who has not responded.

407.2 This effort pursuant to §407.1 shall include at least two (2) attempts to contact those tenants on the telephone and where both those attempts fail, a field representative shall make a personal visit to the tenant's apartment.

407.3 If no contact is made during the visit either with the tenant or any other responsible person on the premises, a field representative shall leave a notice reasonably calculated to be seen by the person residing in the apartment stating that the tenant should contact the utility within three (3) working days if he or she wishes to receive service in his or her own name.

407.4 In those instances where it is "practicable" to provide individual meters for the entire building and all tenants have not agreed to accept service by individual meters in their own names within ten (10) days from the delivery of the Statement of Practicability the individual meter option shall be revoked. Tenants may still receive service in their own name individually under the utility's fair and equitable share proposal, as approved by the Commission.

History

SOURCE: Final Rulemaking published at 28 DCR 3329, 3337 (July 24, 1981).

15 DCMR § 408 PETITIONS FOR APPOINTMENT OF RECEIVER

408.1 If less than all of the tenants have elected to receive service in their own names, the utility shall have the right to petition the Superior Court for the appointment of a receiver for those tenants who decline to receive service in their own names.

408.2 If it is not practicable for tenants to receive service in their own names, or if tenants elect not to receive service in their own names, or if tenants fail to respond to the Notice of Tenants Rights and Options, the electric or gas utility shall not terminate service to a master-metered apartment building on the basis of non-payment of a delinquent account but the utility or tenants may petition the Superior Court of the District of Columbia for appointment of a receiver of the rents for that apartment house who shall pay the prospective utility bills from the rent collected.

History

SOURCE: Final Rulemaking published at 28 DCR 3329, 3337-3338 (July 24, 1981).

15 DCMR § 409 SECURITY DEPOSITS

409.1 The utility shall not require any tenant to make a security deposit or guarantee of payment unless the tenant's prior dealings with the utility are such that a security deposit or guarantee of payment would be required under §307 of chapter 3 of this title.

History

SOURCE: Final Rulemaking published at 28 DCR 3329, 3337 (July 24, 1981).

15 DCMR § 410 NOTICE OF UTILITY CHARGE PAID BY TENANT

410.1 The utility company shall submit to the owner a monthly listing of the utility charges made by those tenants who have elected to receive service in their own name. The tenant shall be authorized to reduce his or her rent payment to the owner by an amount equal to the utility charge. The owner shall have no recourse for collecting the amount of rent so reduced from the tenant.

History

SOURCE: Final Rulemaking published at 28 DCR 3329, 3337 (July 24, 1981).

15 DCMR § 411 [RESERVED]

15 DCMR § 412 [RESERVED]

15 DCMR § 413 [RESERVED]

15 DCMR § 414 [RESERVED]

15 DCMR § 415 REQUESTS FOR TERMINATION OF UTILITY SERVICE

415.1 No utility shall terminate service to any master-metered apartment building subject to this chapter at the request of any person, except by §§401-410, or at the direction of the Mayor or his or her representative pursuant to §415.3, unless the following conditions are satisfied: owner unless the following conditions are satisfied:

(a) The Public Service Commission shall find that utility services provided by the utility will be provided by other means with no lapse in service. Before making a finding, the Public Service Commission shall require the owner, agent, lessor, or manager to do the following:

(1) Specify the source of the new utility service;

(2) Specify the date when the new service will begin; and

(3) Show evidence of a legally binding commitment by the new supplier to provide the utility service; or

(b) The Public Service Commission shall first make a finding that no units within the apartment building are not lawfully occupied by tenants. As a basis for this finding, the Public Service Commission shall require the following conditions be satisfied:

(1) A notarized affidavit pursuant to §415.2 executed by the owner, agent, lessor, or manager of the apartment building; and

(2) No tenant provides evidence which establishes the lawfulness of his or her occupancy; and

(3) The Commission's staff shall perform an on-site inspection and find that the premises are vacant or unlawfully occupied.

415.2 For the purposes of §415.1(b)(1), the owner or other legally authorized person shall submit to the Commission a notarized statement which shall contain the following information:

(a) The name and legal authority of the person requesting termination of the utility service;

(b) The basis of the request for termination of the utility service;

(d) That discloses the presence of any unlawful occupants, states the nature and term of their occupancy, and presents all available evidence supporting the allegation of unlawful occupancy, including but not limited to, final orders of the Landlord and Tenant Division of the District of Columbia Superior Court or the Rental Accommodations and Conversion Division of the Department of Consumer and Regulatory Affairs;

(e) That a notice, as approved by the Public Service Commission, has been prominently displayed in an area of the apartment building, which is readily accessible to all tenants informing all tenants with a claim of lawful occupancy to notify the Public Service Commission within ten (10) days of the posting date to establish the nature of their claim to occupancy, and attaches a copy of that notice; and

(f) That a copy of the notice was served on each occupant of the apartment building no less than ten (10) days prior to the date that utility service is to be terminated.

415.3 Whenever termination of utility service is requested at the direction of the Mayor or his or her representative in an emergency situation, because of imminent treat to life or property, or for other good cause which threatens the public welfare, the Mayor or his or her representative may cause service to be terminated because of the existence of an emergency situation as determined by the Mayor or his or her representative.

415.4 The Mayor or his or her representative shall notify the Public Service Commission of the termination within three (3) days of the termination excluding weekends and legal holidays, pursuant to §§415.2(a)-(d).

415.5 If the request to the utility to terminate service is not in writing, the Mayor or his or her representative shall confirm the request in writing three (3) days of the termination excluding weekends and legal holidays.

History

SOURCE: Final Rulemaking published at 37 DCR 7124 (November 9, 1990) superseding Final Rulemaking published at 28 DCR 3329, 3338 (July 24, 1981).

15 DCMR § 416 PRESERVATION OF UTILITIES RIGHT OF ACTION

416.1 Nothing in this chapter shall be interpreted as preventing the utility from pursuing any other action or remedy at law or equity that it might have against the owner.

416.2 No provision in this chapter shall be construed to relieve the owner from liability under a contract for the provision of utility services with a utility company until such time as the Public Service Commission makes a finding to terminate service pursuant to §401.

History

SOURCE: Final Rulemaking published at 28 DCR 3329, 3339 (July 24, 1981).

15 DCMR § 417 PRESERVATION OF TENANT'S RIGHT OF ACTION

417.1 Nothing in this chapter shall be interpreted as preventing the tenant of the apartment house from pursuing any other action or remedy at law or equity that he or she may have against the owner or company.

History

SOURCE: Final Rulemaking published at 28 DCR 3329, 3339 (July 24, 1981).

15 DCMR § 419 VIOLATIONS

419.1 Any willful or malicious violation of this chapter by any utility or owner shall be punishable by a fine of not more than five hundred dollars ($500.00) or imprisonment of not more than thirty (30) days or both.

419.2 Any owner who collects or attempts to collect any rent from any tenant or an apartment house subject to an order appointing a receiver pursuant to §408.2 shall be found, after due notice and a hearing, to be in contempt of court.

History

SOURCE: Final Rulemaking published at 28 DCR 3329, 3340 (July 24, 1981).

15 DCMR § 499 DEFINITIONS

499.1 When used in this chapter, the following terms and phrases shall have the meaning ascribed:

Apartment House - any building or part thereof, not used primarily for transient occupancy, in which there are three (3) or more apartments, each with one (1) or more habitable rooms with kitchen and bathroom facilities exclusively for use of and under the control of the occupant thereof.

Customer - a direct purchaser of utility service for use primarily under residential purposes.

Delinquent Account - an account that is unpaid twenty-one (21) days or more after the bill is rendered.

Fair and Equitable - a pro rata division of the monthly utility bill which is based on a stated allocation formula which takes into account as a minimum the number of units, the relative size of the units and the types of equipment using the utility service.

Master-Metered Apartment Building - any apartment house where the owner, agent, lessor or manager of the apartment house is billed directly by the utility company for a particular utility service furnished to such apartment house, and such apartment house is occupied by tenants.

Rent - any payment designated as rent or any other payment made for the use and occupancy of an apartment in an apartment house.

Tenant - any person who holds or possesses a habitation in subordination to the title of the owner of the premises in which such habitation is located, with the consent of the owner.

History

SOURCE: Final Rulemaking published at 28 DCR 3329, 3331 (July 24, 1981).

15-5 ELECTRIC UTILITY REPORTING REQUIREMENTS

15 DCMR § 500 APPLICABILITY AND PURPOSE

500.1 This chapter shall apply to the Electric Utility providing electric distribution service in the District of Columbia, subject to the jurisdiction of the Commission. For the purposes of this chapter, “Electric Utility” shall have the same meaning as defined under Subsection 3699.1, Chapter 36 (Electricity Quality of Service Standards) of Title 15 DCMR.

500.2 The purposes of this chapter are to:

(a) Establish a Productivity Improvement Working Group (PIWG), consisting of representatives of the Electric Utility, the Office of the People’s Counsel for the District of Columbia (OPC), the Department of Energy and Environment (DOEE), and the staff of the Commission (Commission Staff);

(b) Set forth the general purposes and functions of the PIWG; and

(c) Establish certain reporting requirements currently applicable to the Electric Utility, as well as any new reporting requirements applicable to the Electric Utility that may be adopted from time-to-time by the Commission. The reporting requirements are intended to provide the Commission, OPC, DOEE, and other stakeholders with technical and operational information to assist in the review and evaluation of the Electric Utility’s provision of electric distribution service in the District of Columbia.

History

SOURCE: Final Rulemaking published at 29 DCR 5130 (November 19, 1982); as amended by Final Rulemaking published at 68 DCR 6170 (June 11, 2021); as amended by Final Rulemaking published at 73 DCR 010623 (July 24, 2026). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 500

15 DCMR § 501 PRODUCTIVITY IMPROVEMENT WORKING GROUP

501.1 The Commission hereby establishes the PIWG Working Group.

501.2 The primary purposes of the PIWG Working Group shall be to:

(a) Provide a mechanism through which the PIWG Working Group may expeditiously and informally communicate, among other things, technical and operational information concerning the Electric Utility’s provision of electric distribution service in the District of Columbia; and

(b) Respond to directives given from time-to-time to the PIWG Working Group by the Commission.

501.3 The PIWG Working Group shall meet no less than four (4) times per year with at least one representative of each of the entities listed in Subsection 500.2(a) of Section 500 of Chapter 5, in attendance.

501.4 The PIWG Working Group may adopt internal procedures as it deems necessary and appropriate to achieve the primary purposes set forth in Subsection 501.2.

501.5 The meetings of the PIWG Working Group shall not include any communications involving the Commission Staff that would constitute ex parte communications prohibited under Chapter 1 (Public Service Commission Rules of Practice and Procedure) of Title 15 DCMR.

501.6 The Electric Utility shall file meeting minutes with the Commission within a reasonable time following the conclusion of each meeting of the PIWG Working Group. These minutes shall disclose the meeting agenda, names of the attendees, any written materials presented, and a summary of matters discussed.

History

SOURCE: Final Rulemaking published at 29 DCR 5130, 5131 (November 19, 1982); as amended by Final Rulemaking published at 34 DCR 4088 (June 26, 1987); as amended by Final Rulemaking published at 68 DCR 6170 (June 11, 2021). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 501

15 DCMR § 502 ANNUAL CONSOLIDATED REPORT – FILING PROCEDURES

502.1 Overview. By April 15 annually, the Electric Utility shall file an Annual Consolidated Report (ACR) with the Commission, setting forth a description of the Electric Utility’s distribution system planning, system operations, and capital investments in associated infrastructure.

502.2 Post-filing review. OPC and the public may file comments not later than sixty (60) days from the date the ACR is filed with the Commission. The Electric Utility may submit reply comments not later than sixty (60) days from the date the ACR is filed with the Commission. If necessary, the Commission may make take action after reviewing the ACR and any comments submitted.

502.3 Incorporation by reference. To avoid redundancy and to simplify the reporting process, while retaining transparency, in its ACR the Electric Utility may elect to incorporate by reference all or any portion of any document previously filed by the Electric Utility with the Commission; provided, however, any document(s) or portion thereof so incorporated must be listed, by case or other identifying number(s), document title, date of filing, relevant page and/or paragraph numbers (if applicable) and Commission eDocket URL link. This listing is to be presented in the form of a table and is to be included as an exhibit or appendix to the ACR.

History

SOURCE: Final Rulemaking published at 29 DCR 5130, 5131 (November 19, 1982); as amended by Final Rulemaking published at 68 DCR 6170 (June 11, 2021). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 502

15 DCMR § 503 WAIVER

503.1 The Commission may upon request, or on its own initiative after notice to the parties of its intention do so, waive any provision of this chapter for good cause.

History

SOURCE: Final Rulemaking published at 68 DCR 6170 (June 11, 2021). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 503

15 DCMR § 504 [REPEALED]

History

SOURCE: Final Rulemaking published at 68 DCR 6170 (June 11, 2021). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 504

15 DCMR § 505 [REPEALED]

History

SOURCE: Final Rulemaking published at 29 DCR 5130, 5131 (November 19, 1982); as amended by Final Rulemaking published at 68 DCR 6170 (June 11, 2021). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 505

15 DCMR § 506 [REPEALED]

History

SOURCE: Final Rulemaking published at 29 DCR 5130, 5132 (November 19, 1982); as amended by Final Rulemaking published at 68 DCR 6170 (June 11, 2021). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 506

15 DCMR § 507 [REPEALED]

History

SOURCE: Final Rulemaking published at 29 DCR 5130, 5132 (November 19, 1982); as amended by Final Rulemaking published at 68 DCR 6170 (June 11, 2021). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 507

15 DCMR § 508 [REPEALED]

History

SOURCE: Final Rulemaking published at 29 DCR 5130, 5133 (November 19, 1982); as amended by Final Rulemaking published at 68 DCR 6170 (June 11, 2021). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 508

15 DCMR § 509 [REPEALED]

History

SOURCE: Final Rulemaking published at 29 DCR 5130, 5134 (November 19, 1982); as amended by Final Rulemaking published at 68 DCR 6170 (June 11, 2021). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 509

15 DCMR § 510 [REPEALED]

History

SOURCE: Final Rulemaking published at 29 DCR 5130, 5135 (November 19,1982); as amended by Final Rulemaking published at 34 DCR 1568 (March 6, 1987); and by Final Rulemaking published at 34 DCR 1089 (June 26, 1987); as amended by Final Rulemaking published at 68 DCR 6170 (June 11, 2021). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 510

15 DCMR § 511 [REPEALED]

History

SOURCE: Final Rulemaking published at 29 DCR 5130, 5135 (November 19, 1982); as amended by Final Rulemaking published at 34 DCR 1568, 1569 (March 6, 1987); as amended by Final Rulemaking published at 68 DCR 6170 (June 11, 2021). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 511

15 DCMR § 512 [REPEALED]

History

SOURCE: Final Rulemaking published at 29 DCR 5130, 5135 (November 19, 1982); as amended by Final Rulemaking published at 68 DCR 6170 (June 11, 2021). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 512

15 DCMR § 513 [REPEALED]

History

SOURCE: Final Rulemaking published at 29 DCR 5130, 5135 (November 19, 1982); as amended by Final Rulemaking published at 34 DCR 1568 (March 6, 1987); and by Final Rulemaking published at 34 DCR 5089, 4090 (June 26, 1987); as amended by Final Rulemaking published at 68 DCR 2299 (February 26, 2021); as amended by Final Rulemaking published at 68 DCR 6170 (June 11, 2021). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 513

15 DCMR § 514 [REPEALED]

History

SOURCE: Final Rulemaking published at 68 DCR 6170 (June 11, 2021). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 514

15 DCMR § 515 [REPEALED]

History

SOURCE: Final Rulemaking published at 68 DCR 6170 (June 11, 2021). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 515

15 DCMR § 516 [REPEALED]

History

SOURCE: Final Rulemaking published at 68 DCR 6170 (June 11, 2021). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 516

15 DCMR § 517 [REPEALED]

History

SOURCE: Final Rulemaking published at 68 DCR 6170 (June 11, 2021). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 517

15 DCMR § 518 [REPEALED]

History

SOURCE: Final Rulemaking published at 68 DCR 6170 (June 11, 2021). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 518

15 DCMR § 519 [REPEALED]

History

SOURCE: Final Rulemaking published at 68 DCR 6170 (June 11, 2021). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 519

15 DCMR § 520 [REPEALED]

History

SOURCE: Final Rulemaking published at 29 DCR 5130, 5135 (November 19, 1982); as amended by Final Rulemaking published at 34 DCR 1568 (March 6, 1987); as amended by Final Rulemaking published at 68 DCR 6170 (June 11, 2021). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 520

15 DCMR § 521 [REPEALED]

History

SOURCE: Final Rulemaking published at 29 DCR 5130, 5139 (November 19, 1982); as amended by Final Rulemaking published at 68 DCR 6170 (June 11, 2021). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 521

15 DCMR § 522 [REPEALED]

History

SOURCE: Final Rulemaking published at 29 DCR 5130, 5140 (November 19, 1982); as amended by Final Rulemaking published at 42 DCR 5540 (October 6, 1995); as amended by Final Rulemaking published at 68 DCR 6170 (June 11, 2021). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 522

15 DCMR § 523 [REPEALED]

History

SOURCE: Final Rulemaking published at 29 DCR 5130, 5140 (November 19, 1982); as amended by Final Rulemaking published at 68 DCR 6170 (June 11, 2021). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 523

15 DCMR § 524 [REPEALED]

History

SOURCE: Final Rulemaking published at 67 DCR 11091 (September 18, 2020); as amended by Final Rulemaking published at 68 DCR 6170 (June 11, 2021). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 524

15-6 PAY TELEPHONES

15 DCMR § 600 APPLICABILITY

600.1 The provisions in this Chapter shall apply exclusively to outdoor pay telephones unless otherwise specified.

600.2 The provisions in this Chapter do not apply to outdoor pay telephones installed and operated on federal military installations and federal military hospitals where access by the public is limited thereon.

History

AUTHORITY: D.C. Code §§ 2-505; 34-302, -320, -1516; 43-501
SOURCE: Final Rulemaking published at 48 DCR 1151 (February 9, 2001); Final Rulemaking published at 49 DCR 531 (January 18, 2002).

15 DCMR § 601 PAY TELEPHONE PROVIDER CERTIFICATION

601.1 A Pay Telephone Service Provider ("PSP") seeking to provide pay telephone services within the District of Columbia ("District") shall be certified by the Public Service Commission of the District of Columbia. This certification shall be renewed by previously approved PSPs every two years on March 31 in the same manner as the initial certification.

601.2 A Pay Telephone Certification Application ("Certification Application") may be obtained from the Commission's Office of Consumer Services.

601.3 The Completed Certification Application shall contain:

(a) The Applicant's D.C. Business Tax Registration Number issued by the D.C. Office of Tax and Revenue;

(b) A copy of the Applicant's license to do business in the District of Columbia issued by the D.C. Department of Consumer and Regulatory Affairs; and

(c) The name, address, telephone number, fax number, and email address of a District of Columbia Registered Agent if the PSP does not have its principal place of business in the District of Columbia.

601.4 The Certification Application shall be executed by an officer of a corporation, a partner of a partnership, a designated agent of the owner, or by a sole proprietor.

601.5 The completed Certification Application shall be accompanied by a non-refundable check or money order in the amount of $ 100.00, payable to the D.C. Treasurer. The completed Certification Renewal Application Form shall be accompanied by a non-refundable check or money order in the amount of $ 50.00, payable to the D.C. Treasurer.

601.6 All filings to the Commission concerning pay telephones shall filed with the Commission Secretary.

601.7 Upon review of a completed Certification Application, the Commission shall certify the PSP and issue the PSP a certification number.

601.8 A PSP certification may not be sold, assigned, or otherwise transferred.

601.9 The Certification Application shall be available for public inspection.

History

SOURCE: Final Rulemaking published at 48 DCR 1151 (February 9, 2001); as amended by Final Rulemaking published at 55 DCR 1316 (February 8, 2008); as amended by Final Rulemaking published at 66 DCR 0664 (January 18, 2019). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 601

15 DCMR § 602 CANCELLATION OF CERTIFICATE

602.1 The Commission may cancel a PSP's certificate, after providing the PSP notice and an opportunity to be heard, for any of the following reasons:

(a) Failure to register any pay telephone with the Commission;

(b) Improper installation or relocation of any pay telephone;

(d) Failure to maintain pay telephones in accordance with the provisions in § 609 of this Chapter.

602.2 The Commission shall notify the PSP by certified mail that it proposes to cancel the certificate, specifying the reason(s) for the cancellation.

602.3 The PSP shall be given fifteen (15) days from the date of the notice to respond in writing.

602.4 The Commission shall, within fifteen (15) days, notify the PSP of its decision by certified mail.

602.5 Upon cancellation of a PSP's certificate, the Commission shall, within fifteen (15) days, direct the local exchange carrier, providing dial tone to the pay telephone in issue, to terminate service to the instrument(s) and the PSP, shall, within sixty (60) days, remove its pay telephone(s).

602.6 A PSP may request that its certificate be canceled.

602.7 A request for cancellation of the certificate shall be in writing and shall include:

(a) A list of the locations of each PSP payphone(s), if any;

(b) The PSP’s specific plans for terminating service and removing the pay telephone(s), or its plans for transferring the PSP’s registered pay telephones to another certified PSP in accordance with § 610; and

602.8 If a request for cancellation of a certificate meets the requirements under this section, the Commission shall within ten (10) days send written notice to the PSP that its certificate has been canceled.

History

SOURCE: Final Rulemaking published at 48 DCR 1151 (February 9, 2001); as amended by Final Rulemaking published at 55 DCR 1316 (February 8, 2008); as amended by Final Rulemaking published at 66 DCR 0664 (January 18, 2019). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 602

15 DCMR § 603 [DELETED]

History

SOURCE: Final Rulemaking published at 48 DCR 1151 (February 9, 2001); as amended by Final Rulemaking published at 66 DCR 0664 (January 18, 2019). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 603

15 DCMR § 604 PAY TELEPHONE REGISTRATION

604.1 A PSP shall not install and/or operate a pay telephone in the District until the instrument is registered with the Commission.

604.2 Registration Applications shall be submitted for each proposed pay telephone.

604.3 Each Registration Application shall identify the proposed site of the pay telephone and state whether the pay telephone is to be located on public or private space.

604.4 If the proposed pay telephone location is located outdoors on public space, the Registration Application shall contain a copy of the public space permit for that location issued by the Public Space Committee under the Department of Transportation.

604.5 If the proposed pay telephone application is located outdoors on private space, the Registration Application shall be accompanied by a photograph of the proposed site.

604.6 If the proposed pay telephone is located in an alley, in or in front of a vacant lot, or in front of an abandoned building, the Registration Application shall be accompanied by a letter from the local ANC and/or MPD district supporting such installation.

604.7 The Registration Application shall be executed by an officer of the corporation, a partner in the case of a partnership, a designated agent of an owner, or a sole proprietor.

604.8 Each completed Registration Application shall be accompanied by a check or money order in the amount of $50.00, which is a fee covering expenses associated with pay telephone regulation. The check or money order shall be made payable to the D.C. Treasurer. A PSP may apply for and receive a refund in the amount of $50.00, provided that (a) the refund request is made before the 121st day after the Commission approves the PSP’s Registration Application, and (b) the PSP certifies that it has not and will not install a pay telephone at the location specified in its Registration Application.

604.9 Upon the filing of a completed Registration Application for an outdoor pay telephone, the Commission shall notify, in writing, OPC, the ANC Chairperson, the Single Member District ANC Commissioner, and the MPD district for the area in which the pay telephone is to be located, as well as any local civic association that asks to be on the Commission’s service list, that the Commission intends to take action on the pending application. The notice shall contain the name of the PSP, the proposed location of the pay telephone, and state whether the pay telephone is to be located on private or public property.

604.10 If a Registration Application is approved, the Commission shall issue a Registration Number for each pay telephone to the PSP. A Registration Number may not be altered, reused, or transferred to another PSP or pay telephone.

604.11 The Registration Application shall be available for public inspection.

604.12 If a Registration Application or Renewal Application contains incorrect information, a PSP shall submit an amendment to the Application within thirty (30) days of the date of notification from the Commission of the error(s). All amendments must be signed by the PSP and notarized. If a PSP fails to submit the requested information within thirty (30) days of notification, the Commission shall deny the Application, and the Registration Application or Renewal Application fees shall not be refunded.

History

SOURCE: Final Rulemaking published at 48 DCR 1151 (February 9, 2001); as amended by Final Rulemaking published at 55 DCR 1316 (February 8, 2008); as amended by Final Rulemaking published at 66 DCR 0664 (January 18, 2019). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 604

15 DCMR § 605 COMPLAINTS REGARDING THE INSTALLATION OF A PAY TELEPHONE

605.1 Any interested party may challenge a Registration Application by filing a written complaint with the Commission within forty-five (45) days of the date that notice of the Registration Application is served pursuant to § 604.8.

605.2 The Commission Secretary shall, within five (5) days, serve a copy of the complaint on OPC and the PSP seeking to register the pay telephone. The procedures in §§ 323 through 326 shall apply to complaints regarding complaints filed under this section.

605.3 The Commission shall not approve a Registration Application if the Commission finds, pursuant to § 614, that the pay telephone would constitute a public nuisance or significantly contribute to criminal activity in the surrounding community.

605.4 For a period of five (5) years, the Commission shall not approve a Registration Application for any pay telephone that is proposed to be located within a one (1) block radius of another pay telephone location against which a complaint is pending. When the Commission has ordered the removal of a pay telephone because the pay telephone has been found by the Commission, or its designee, to have constituted a public nuisance or significantly contributed to criminal activity in the surrounding community, the Commission shall not approve a Registration Application for any pay telephone that is proposed to be located within a one (1) block radius of the location of the removed pay telephone.

605.5 The Commission shall not approve a Registration Application until all of the PSP's existing pay telephones are in compliance with the provisions of § 609, entitled Pay Telephone Services.

605.6 If no opposition to the Registration Application is received within the time period set forth in § 605.1, and if the installation of the pay telephone is not otherwise barred under § 605.4, the application shall be approved.

605.7 Notwithstanding any other provision of these rules, the Commission, in order to protect the health, safety and welfare of the citizens of the District of Columbia, may reject any request for registration of a pay telephone, or may approve any registration subject to conditions imposed on the operation of the instrument.

History

SOURCE: Final Rulemaking published at 48 DCR 1151 (February 9, 2001); as amended by Final Rulemaking published at 55 DCR 1316 (February 8, 2008); as amended by Final Rulemaking published at 66 DCR 0664 (January 18, 2019). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 605

15 DCMR § 606 TWO YEAR REGISTRATION RENEWAL

606.1 The registration for each pay telephone shall be renewed every two (2) years.

606.2 PSPs shall submit a completed Pay Telephone Registration Renewal Form by March 31 of the year in which the existing registration expires. The Renewal Form may be obtained from the Commission Secretary.

606.3 The completed Renewal Application Form shall list the telephone number(s), registration number(s), and location for the existing pay telephone(s). Renewal Applications shall also comply with § 604.11.

606.4 Each completed Renewal Form shall be accompanied by a $50.00 non-refundable fee payable by check or money order, to the D.C. Treasurer.

606.5 Failure of a PSP to submit the completed Renewal Form and fee shall result in suspension of service to the pay telephone(s) until such time as the registration is renewed.

606.6 The Renewal Application shall be available for public inspection.

History

SOURCE: Final Rulemaking published at 48 DCR 1151 (February 9, 2001); as amended by Final Rulemaking published at 55 DCR 1316 (February 8, 2008); as amended by Final Rulemaking published at 66 DCR 0664 (January 18, 2019). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 606

15 DCMR § 607 INSTALLATION

607.1 An outdoor pay telephone shall be installed within ninety (90) days after receiving approval by the Commission unless the PSP can show good cause, in writing, for delaying installation.

607.2 Failure to install an outdoor pay telephone within ninety (90) days may result in the Commission’s withdrawal of its approval.

607.3 The PSP shall notify the Commission, in writing, within ten (10) days after the date of installation of a pay telephone.

607.4 PSPs shall make reasonable efforts to ensure that outdoor pay telephones are located in areas that provide adequate lighting during the hours of darkness.

607.5 PSPs shall make reasonable efforts to ensure that outdoor pay telephones are located in areas that provide adequate lighting during the hours of darkness.

History

SOURCE: Final Rulemaking published at 48 DCR 1151 (February 9, 2001); as amended by Final Rulemaking published at 55 DCR 1316 (February 8, 2008); as amended by Final Rulemaking published at 66 DCR 0664 (January 18, 2019). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 607

15 DCMR § 608 REMOVAL

608.1 A PSP shall notify the Commission, in writing, no later than ten (10) days after removing a pay telephone, and may not install the same or another pay telephone after removal before registering that pay telephone pursuant to § 604 of this Chapter.

608.2 If the Commission issues a final order to remove a pay telephone, the PSP shall immediately terminate service to the instrument and remove it within ten (10) days.

608.3 If a PSP fails to comply with a written directive of the Commission or other District of Columbia governmental agency to remove a pay telephone, the Commission may, in its discretion, impose penalties pursuant to § 617.1, order the suspension of service to that instrument and/or order the termination of service to the PSP’s other pay telephones until such time as the PSP complies with the Commission’s or other District of Columbia governmental agency’s directive.

608.4 A pay telephone owned by a non-certified company may have dial tone service suspended as soon as the phone is identified as non-certified by the Commission. A non-certified owner will not be afforded time for corrective action pursuant to § 618. All such equipment must be removed, by the owner. The Commission will give thirty (30) days’ notice to the pay telephone owners to remove their equipment.

608.5 If the pay telephone is not removed by the owner of the pay telephone by the deadline established by the Commission, then the pay telephone may be removed by the Commission or other District of Columbia governmental agency. The owner of the pay telephone may be charged reasonable expenses for the removal.

History

SOURCE: Final Rulemaking published at 48 DCR 1151 (February 9, 2001); as amended by Final Rulemaking published at 55 DCR 1316 (February 8, 2008); as amended by Final Rulemaking published at 66 DCR 0664 (January 18, 2019). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 608

15 DCMR § 609 PAY TELEPHONE SERVICES

609.1 All pay telephones shall provide the following operational characteristics:

(a) Free access to dial tone, 911 emergency service, and toll-free numbers without having to deposit a coin(s);

(b) Free access to all locally available long distance carriers at no charge and without having to deposit a coin(s);

(c) Free access to telecommunications relay service for hearing-impaired and speech-impaired callers and without having to deposit a coin(s);

(d) Access to 411 or “Directory Assistance”, and the caller must be advised of any charge either through a statement posted on the pay telephone instrument or through the use of voice prompts;

(e) The ability to return any deposited coin(s) if the call is not completed; and

(f) Compatibility with telecommunications switching technology that enables the pay telephone to be located in connection with 911 emergency and 311 non-emergency public safety calls.

609.2 Pay telephones shall display prominently the following information:

(a) The valid Registration Number issued to the PSP, pursuant to § 604.10;

(a) The Registration Number issued to the PSP, pursuant to § 604.9;

(b) The telephone number of the pay telephone unless, for public safety reasons, the Commission determines that the telephone number should not be displayed;

(d) The cost of a local call;

(e) Notice of any limitations on service such as the instrument's inability to receive incoming calls or its inoperability during certain hours;

(f) Notice of the instrument's inability to provide change, if applicable;

(g) The name, address (as shown on the approved Registration Application) and telephone number of the PSP;

(h) Procedures for obtaining customer refunds;

(i) Procedures for reporting service difficulties; and

(j) Notice that complaints concerning the pay telephone may be directed to the Commission's 24-hour hotline, (202) 737-4PSC, and the Office of the People's Counsel at (202) 727-3071.

609.3 Pay telephones shall display notice of a time limit, if any, for a local call and may also provide such information through a voice prompt.

609.4 Existing pay telephones shall have sixty (60) days from the date these rules are adopted to display registration number(s) and all other information required by these Rules, unless the time period is extended by the Commission for good cause.

609.5 Pay telephone shall be connected to one local exchange carrier and only one pay telephone per line shall be permitted.

609.6 Pay telephones shall comply with generally accepted telecommunications industry technical standards, the current National Electric Code and National Electrical Safety Code.

609.7 PSPs shall adequately maintain their pay telephones at all times.

(a) The PSPs' duty to provide adequate maintenance to their pay telephones shall apply not only to the performance and operational characteristics of pay telephone(s) as outlined in Sections 609.1 to 609.6, and 609.8, but shall also include the PSPs' duty to take all reasonable measures necessary to keep their pay telephone instruments and housing clean and presentable for public use, absent of any debris, unsanitary substances or defacement, including graffiti, unlawful writings, markings, gougings, and scratchings; and

(b) PSPs shall remediate any noncompliance respecting this section according to the requirements outlined in Section 609.9, infra.

609.8 Deleted.

609.9 Deleted.

609.10 The PSP shall notify the Commission in writing as to what actions have been taken to bring the pay telephone into compliance with the pay telephone service requirements.

609.11 Deleted.

History

SOURCE: Final Rulemaking published at 48 DCR 1151 (February 9, 2001); as amended by Final Rulemaking published at 52 DCR 544 (January 21, 2005); as amended by Final Rulemaking published at 55 DCR 1316 (February 8, 2008); as amended by Final Rulemaking published at 66 DCR 0664 (January 18, 2019). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 609

15 DCMR § 610 TRANSFER OF OWNERSHIP OF REGISTERED PAY TELEPHONES

610.1 PSPs shall not transfer ownership of registered pay telephones without the Commission's prior approval.

610.2 Pay telephones may be transferred only to PSPs that have been granted a certificate by the Commission to provide pay telephone service in the District in accordance with § 601.

610.3 A Pay Telephone Transfer of Ownership form may be obtained from the Commission Secretary.

610.4 The Transfer of Ownership form must be executed by an officer of a corporation, a partner or other designated individual having signing authority to bind a partnership, a designated agent of the owner, or by a sole proprietor for each party to the transfer.

610.5 Each completed transfer of ownership form shall be accompanied by a $ 50.00 non-refundable check or money order payable to the D.C. Treasurer.

610.6 The transferee shall adhere to any conditions on the operation of pay telephones imposed on the transferor.

History

SOURCE: Final Rulemaking published at 48 DCR 1151 (February 9, 2001); as amended by Final Rulemaking published at 66 DCR 0664 (January 18, 2019). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 610

15 DCMR § 611 COMPLAINTS REGARDING EXISTING PAY TELEPHONES

611.1 Pay telephones associated with illegal activity or found to be a public nuisance may be subject to termination or alteration of service.

611.2 Any interested person may file a complaint concerning the operation of a pay telephone. A complaint alleging that an existing pay telephone(s) is in violation of any of the Rules under this Chapter must be submitted to the Commission in writing stating the basis for the complaint and the location or address of the existing pay telephone(s).

611.3 Upon receipt of a complaint regarding an existing pay telephone, the Commission shall make every reasonable effort to conduct an inspection of the pay telephone at issue within three business (3) days.

611.4 The Commission shall notify, by certified mail, any PSP not in compliance with these Rules and direct the PSP to bring the pay telephone into compliance within thirty (30) days. A PSP shall be accorded forty-five (45) days from the time that it is notified to bring its pay telephone into compliance, provided the PSP can represent in good faith and in writing that the cause of the non-compliance is an administrative or technical matter.

611.5 The PSP shall notify the Commission in writing as to what actions have been taken to bring the pay telephone into compliance.

611.6 If a PSP fails to bring the pay telephone(s) into compliance within thirty (30) days, the Commission shall order the suspension of service to that instrument and may, in its discretion, order the termination of service to the PSP's other pay telephones until such time as the PSP complies with the Commission's regulations.

History

SOURCE: Final Rulemaking published at 48 DCR 1151 (February 9, 2001); as amended by Final Rulemaking published at 55 DCR 1316 (February 8, 2008).

15 DCMR § 612 INFORMAL COMPLAINTS

612.1 A complaint regarding the operation of a pay telephone may be filed with the Office of Consumer Services, which shall handle the matter as an informal complaint for resolution.

612.2 The procedures for informal complaints in § 323 shall apply to informal payphone complaints.

612.3 If the complaint is resolved informally, the Commission shall dismiss the matter upon the submission of a signed settlement agreement that sets forth the terms of the settlement.

612.4 Notice of informal proceedings shall be sent by certified mail to the Complainant(s), the PSP, the ANC Chairperson and Single Member District ANC Commissioner of the community in which the instrument is located, OPC, and the MPD District in which the instrument(s) is located or proposed to be located. The notice shall state that OPC is available to assist and/or represent the complainant.

612.5 If the Office of Consumer Services determines that a matter cannot be resolved informally, then within five (5) Business Days, the Office of Consumer Services shall notify the Complainant in writing and invite the Complainant to file a Formal Complaint with the Commission. The PSP, the ANC Chairperson and Single Member District ANC Commissioner of the community in which the instrument is located, OPC, local civic association chair (if any) and the MPD District in which the instrument(s) is located shall be copied on this notification. The notification shall:

State that the Complainant has the right to file, at no cost, a Formal Complaint, if he or she so desires;

State that a Formal Complaint must be filed within fourteen (14) Days of the date of mailing of the notification or the matter shall be dismissed;

Indicate the availability of assistance and legal representation by OPC and OPC’s address and telephone number;

Indicate that the Complainant may be represented by him or herself, by counsel, by OPC, or by a third party of the Complainant’s choosing; and

Set forth the Commission’s Formal Complaint and hearing procedures.

History

SOURCE: Final Rulemaking published at 48 DCR 1151 (February 9, 2001); as amended by Final Rulemaking published at 66 DCR 0664 (January 18, 2019). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 612

15 DCMR § 613 FORMAL COMPLAINTS AND HEARINGS

613.1 A formal complaint shall conform to the requirements of § 324. Formal hearings shall be conducted in accordance with the procedures in § 325.

613.2 Within two (2) Business Days of the filing of the Complaint, the Office of the Commission Secretary shall notify and provide the affected a Notice of hearings sent by first-class mail postage prepaid to the Complainant(s), the PSP, the ANC Chairperson and Single Member District ANC Commissioner of the community in which the instrument is located, local civic association chair (if any), OPC, and the MPD District in which the instrument(s) is located or proposed to be located. The notice shall state that OPC is available to assist and/or represent the complainant.

613.3 Notice of hearings shall be sent by certified mail to the Complainant(s), the PSP, the ANC Chairperson and Single Member District ANC Commissioner of the community in which the instrument is located, the Office of the People's Counsel, and the MPD District in which the instrument(s) is located or proposed to be located. The notice shall state that OPC is available to assist and/or represent the complainant.

History

SOURCE: Final Rulemaking published at 48 DCR 1151 (February 9, 2001); as amended by Final Rulemaking published at 66 DCR 0664 (January 18, 2019). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 613

15 DCMR § 614 BURDEN OF PROOF

614.1 The burden of proof shall be by a preponderance of the evidence.

614.2 A preponderance of the evidence is that degree of relevant evidence which a reasonable mind, considering the record as a whole, would accept as sufficient to find a contested fact more probably true than untrue.

614.3 The PSP shall bear the burden of proof with regard to issues of whether the pay telephone is in compliance with these Rules, except as provided in § 614.4.

614.4 The complainant shall bear the burden of proof with regard to issues of whether the pay telephone is associated with illegal purposes or constitutes a public nuisance.

614.5 In weighing evidence regarding whether an existing or proposed pay telephone is, or is likely to be, associated with illegal activity, the Hearing Officer shall give great weight to any written statement or testimony from an MPD officer that, based on his or her knowledge and experience, the installation or continued operation of the pay telephone significantly contributes, or is likely to significantly contribute, to criminal activity in the neighborhood and, thereby, adversely affect the health, safety, and welfare of the residents.

614.6 In weighing evidence regarding whether a pay telephone constitutes a public nuisance, the Hearing Officer shall give great weight to the written recommendation of the ANC for the neighborhood in which the pay telephone is located or proposed to be located.

614.7 For the purpose of this section, "great weight" means that, unless there is a compelling reason to do other-wise, the Hearing Officer shall defer to the opinion of the MPD or ANC.

614.8 A pay telephone shall constitute a public nuisance if it adversely affects the common rights of the surrounding community, including, for example, injury to community members' health, safety, peace, comfort, or convenience.

History

SOURCE: Final Rulemaking published at 48 DCR 1151 (February 9, 2001).

15 DCMR § 615 DECISIONS AND APPEALS

615.1 The Hearing Officer shall render a decision within thirty (30) days after the close of the record.

615.2 Any party may appeal the Hearing Officer’s decision to the Commission pursuant to § 326. The appeal shall be served on the Complainant(s), the PSP, the ANC Chairperson and Single Member District ANC Commissioner of the community in which the instrument is located, local civic association chair (if any), OPC, and the MPD District in which the instrument(s) is located or proposed to be located.

History

SOURCE: Final Rulemaking published at 48 DCR 1151 (February 9, 2001); as amended by Final Rulemaking published at 66 DCR 0664 (January 18, 2019). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 615

15 DCMR § 616 WAIVER

616.1 The Commission may upon request, or on its own initiative after notice to the parties of its intention do so, waive any provision of this chapter for good cause.

History

SOURCE: Final Rulemaking published at 48 DCR 1151 (February 9, 2001); as amended by Final Rulemaking published at 67 DCR 11091 (September 18, 2020). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 616

15 DCMR § 617 PENALTIES

617.1 Pursuant to D.C. Official Code §§ 34-706 and 34-708, a PSP that fails to comply with any lawful requirement or order of the Commission shall be subject to a fine of up to $5,000 for each day that the PSP willfully fails to comply with the Commission’s order or directive.

617.2 Operation of a pay telephone without first registering the instrument with the Commission shall subject the PSP to a fine of up to $5,000.

History

SOURCE: Final Rulemaking published at 48 DCR 1151 (February 9, 2001); as amended by Final Rulemaking published at 52 DCR 2346 (March 11, 2005); as amended by Final Rulemaking published at 66 DCR 0664 (January 18, 2019). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 617

15 DCMR § 618 SUSPENSION FOR VIOLATION

618.1 If a PSP fails to adhere to the provisions of this Chapter, the Commission may suspend service to that instrument and may order the termination of service to the PSP's other pay telephones until such time as the pay telephone(s) is brought into compliance.

618.2 For violation of both §§ 601.1 and 604.1 (an unregistered pay telephone by a non certified owner), the Commission will terminate service to the pay telephone immediately without prior notice to the owner.

618.3 For violation of § 604.1, the Commission will give the PSP thirty (30) days' notice to correct the problem before taking action to suspend service to the pay telephone.

618.4 For violation(s) of § 606.1, the Commission will give the PSP thirty (30) days' notice to correct the problem before taking action to suspend service to the pay telephone.

618.5 For violations(s) of two (2) or more operational infractions in § 609.1 or five (5) or more signage infractions in § 609.2, the Commission will give the PSP thirty (30) days' notice to correct the problem before taking action to suspend service to the pay telephone.

618.6 The Commission will take action to suspend service immediately unless the PSP notifies the Commission in writing that it has cured the violations before the expiration of the thirty (30) day notice period.

History

SOURCE: Final Rulemaking published at 55 DCR 1316 (February 8, 2008); as amended by Final Rulemaking published at 66 DCR 0664 (January 18, 2019). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 618

15 DCMR § 699 DEFINITIONS

ANC – Advisory Neighborhood Commission.

MPD – Metropolitan Police Department.

OPC – Office of the People’s Counsel.

Pay Telephone Service Provider (“PSP”) – Any corporation, company, association, partnership or person engaged in the business of providing pay telephone service.

Pay Telephone - A telecommunications device connected to a local exchange carrier that is designed to allow a customer to make telephone calls with a coin and/or credit card.

Day - Unless the particular rule states otherwise, day shall mean calendar day.

History

SOURCE: Final Rulemaking published at 48 DCR 1151 (February 9, 2001); as amended by Final Rulemaking published at 66 DCR 0664 (January 18, 2019). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 699 (

15-7 FREEDOM OF INFORMATION ACT REQUESTS

15 DCMR § 700 PURPOSE AND APPLICATION

700.1 This chapter shall apply to all Freedom of Information Act (FOIA) requests for access to or copies of Public Service Commission of the District of Columbia records made pursuant to the Freedom of Information Act of 1976, effective March 25, 1977 (D.C. Law 1-96; D.C. Official Code §§ 2-531 et seq. (2016 Repl.), as amended (FOIA Act).

700.2 The policy of the Public Service Commission of the District of Columbia (Commission) is one of full and responsible disclosure of its identifiable records, consistent with the provisions of the FOIA Act. Provisions of this chapter shall be construed with the view toward expansion of public access and the minimization of costs and time delays to persons requesting access.

700.3 Commission employees may continue to furnish to the public, informally and without compliance with these procedures, information, and records which they customarily furnish in the regular performance of their duties.

700.4 The General Counsel, or his or her designee, shall be designated as the FOIA Officer of the Commission.

700.5 Commission FOIA Officers shall attend training sessions as conducted by the FOIA Committee established by Mayor’s Order 2001-30 (February 27, 2001).

700.6 The Commission shall post the contact information of the FOIA Officer and method for submitting a FOIA request on its website at www.dcpsc.org.

History

SOURCE: Final Rulemaking published at 33 DCR 7053 (November 14, 1986); as amended by Final Rulemaking published at 68 DCR 013097 (December 10, 2021). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 700

15 DCMR § 701 REQUEST FOR RECORDS

701.1 A request for copies of Commission records or access to Commission records pursuant to the FOIA Act may be made orally or in writing, with the following stipulations:

(a) The Commission may require an oral request to be reduced to writing and submitted to the Commission Secretary’s Office for expeditious review.

(b) Written requests that are submitted via mail shall prominently indicate "FOIA Request" on the envelope.

(d) All requests should include a daytime telephone number, email address, or mailing address, so that the FOIA Officer may contact the requestor for further information if necessary.

701.2 All written FOIA requests shall be sent to the Commission Secretary’s Office for docketing and processing. After the FOIA request has been docketed, the FOIA Officer will be notified.

701.3 A request shall reasonably describe the desired record. Where possible, specific information regarding dates, files, titles, file designation, or other identifying information, shall be supplied.

701.4 Where the information supplied by the requesting party is not sufficient to permit the identification and location of the record with reasonable efforts, the person requesting the record shall be contacted and asked to supplement the request with further information. Every reasonable effort shall be made by the Commission’s employees to assist in the identification and location of requested records.

History

SOURCE: Final Rulemaking published at 68 DCR 013097 (December 10, 2021). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 701

15 DCMR § 702 TIME LIMITATIONS

702.1 Within fifteen (15) days (excluding Saturdays, Sundays, and legal public holidays) of the receipt of a request, the FOIA Officer shall determine whether to comply with or to deny the request and shall dispatch their determination to the requesting party, unless an extension is made under § 702.3.

702.2 For purposes of this section, a request is deemed “received” when the FOIA Officer receives the request submitted in compliance with § 701. If the requester must be contacted for additional information, as set forth in § 701.4, the request is deemed received when the FOIA Officer receives the additional information.

702.3 In unusual circumstances, the Commission may extend the time for determination on a request up to a total of ten (10) days (excluding Saturdays, Sundays, and legal public holidays). For purposes of this section, "unusual circumstances" means, but only to the extent necessary for the proper processing of the request, either of the following:

(a) The need to search for, collect, and appropriately examine a voluminous amount of separate and distinct records which are included in a single request; or

(b) The need for consultation with another agency having a substantial interest in the determination of the request, or for coordination among two (2) or more Offices of the Commission having substantial interest in the subject matter of the request.

702.4 If no determination has been dispatched at the end of the fifteen (15) day period, or the extension thereof, the requester may deem their request denied, and exercise a right of appeal in accordance with § 706.

702.5 When no determination can be dispatched within the applicable time limit, the FOIA Officer shall continue to process the request. On the expiration of the time limit, the FOIA Officer shall inform the person requesting the record of the following:

(a) The reason for the delay;

(b) The date on which a determination may be expected;

(d) The appeal rights as provided in § 706.

702.6 The FOIA Officer may ask the person requesting the record to forego appeal under § 706 until a determination is made.

History

SOURCE: Final Rulemaking published at 68 DCR 013097 (December 10, 2021). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 702

15 DCMR § 703 EXEMPTIONS FROM DISCLOSURE

703.1 The classes of records authorized to be exempted from disclosure under this chapter shall be the same as those provided in D.C. Official Code § 2-534 (2016 Repl.).

703.2 Any reasonably separable portion of a record shall be provided to any persons requesting the record after redaction or removal of those portions exempt under this section.

History

SOURCE: Final Rulemaking published at 33 DCR 7053, 7056 (November 14, 1986); as amended by Final Rulemaking published at 68 DCR 013097 (December 10, 2021). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 703

15 DCMR § 704 RESPONSE TO REQUESTS

704.1 When a requested record has been identified and is available, the FOIA Officer shall notify the person requesting the record where and when the record is available for inspection or copies will be available. The notification shall also advise the person of any applicable fees.

704.2 A response denying a written request for a record shall be in writing and shall include the following information:

(a) A reference to the specific exemption(s) authorizing the withholding of the record with a brief explanation of how each exemption applies to the record withheld. Where more than one record has been requested and is being withheld, the foregoing information shall be provided for each record or portion of a record withheld; and

(b) A statement of the appeal rights as provided in § 706.

704.3 If a requested record cannot be located from the information supplied or is known to have been destroyed or otherwise disposed of, the requester shall be so notified.

History

SOURCE: Final Rulemaking published at 33 DCR 7053, 7056 (November 14, 1986); as amended by Final Rulemaking published at 34 DCR 2195 (April 3, 1987); as amended by Final Rulemaking published at 68 DCR 013097 (December 10, 2021). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 704

15 DCMR § 705 FEES

705.1 Charges for services rendered in response to FOIA requests shall be as follows:

Searching for records, four dollars ($4.00) per quarter-hour, after the first hour, by clerical personnel (DS 1 through 8);

Searching for records, seven dollars ($7.00) per quarter-hour, after the first hour, by professional personnel (DS 9 through 13);

Searching for records, ten dollars ($10.00) per quarter-hour, after the first hour, by supervisory personnel (DS 14 and above);

Copies made by photocopying machines, twenty-five cents ($.25) per page; and

Charges for the initial review of documents, as permitted by § 2-532 (2016 Repl.) shall be assessed at the rate provided in subsections (a)-(c) above.

705.2 When a response to a request requires services or materials for which no fee has been established, the direct cost of the services or materials to the Commission may be charged, but only if the person making the request has been notified of the cost before it is incurred.

705.3 Where an extensive number of documents are identified and collected in response to a request, and the person making the request has not indicated in advance their willingness to pay fees as high as are anticipated for copies of the document, the FOIA Officer shall inform the person that the documents are available for inspection and for copying at the established rate.

705.4 A charge of one dollar ($1.00) shall be made for each certification of true copies of Commission records.

705.5 Search costs, not to exceed any dollar limitation prescribed by the FOIA Act for each request, may be imposed even if the requested record cannot be found. Fees will not be charged for Commission review of a record to determine if it is subject to disclosure.

705.6 Payment of fees prescribed by these rules shall be paid in accordance with the FOIA Act.

705.7 Remittances shall be in the form either of a personal check or bank draft on a bank in the United States, a postal money order, or by any other electronic means as established by the Commission. Remittance shall be made payable to the D.C. Treasurer and mailed or hand-delivered to the Secretary of the Commission, or submitted by any other electronic means as established by the Commission.

705.8 A receipt for fees paid shall be given only upon request. No refund shall be made for services rendered.

705.9 The FOIA Officer may waive all or part of any fee when it is deemed to be either in the Commission's interest or in the interest of the public. A requester seeking a waiver or reduction of fees shall provide a statement in their request letter explaining how the records will be used to benefit the general public.

History

SOURCE: Final Rulemaking published at 33 DCR 7053, 7056 (November 14, 1986); as amended by Final Rulemaking published at 68 DCR 013097 (December 10, 2021). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 705

15 DCMR § 706 APPEALS

706.1 When a request for records has been denied in whole or in part by an agency, the requester may appeal the denial to the Mayor as set forth in 1 DCMR § 412.

706.2 An appeal to the Mayor shall be in writing. The appeal letter shall include “Freedom of Information Act Appeal” or “FOIA Appeal” in the subject line of the letter as well as marked on the outside of the envelope. The appeal shall be mailed to:

The Mayor’s Office of Legal Counsel

FOIA Appeal

1350 Pennsylvania Ave, N.W.

Suite 407

Washington, D.C. 20004

Alternatively, the appeal letter may be submitted through the District of Columbia FOIA Public Access Portal at https://foia-dc.gov/.

The requester shall forward a copy of the appeal to the Commission FOIA Officer.

706.3 An appeal to the Mayor shall be in writing and shall include:

Statement of the circumstances, reasons, or arguments advanced in support of disclosure;

Copy of the original request;

Copy of any written denial; and

Daytime telephone number, and email address or mailing address for the requester.

706.4 Within five (5) days (excluding Saturdays, Sundays, or legal public holidays) of receipt of its copy of the FOIA appeal, the Commission shall file a response with the Mayor’s Office of Legal Counsel. The response shall include the following documents:

Justification for the Commission’s decision not to grant review of records as requested, to the extent not provided in the agency’s letter of denial to the requester;

Any additional documentation as may be necessary and appropriate to justify the Commission’s decision, such as a Vaughn index of documents withheld, an affidavit or declaration of a knowledgeable official or employee testifying to the decision to withhold documents, or such other similar proof as the circumstances may warrant; and

A copy of the public record or records in dispute on the appeal; provided, that if the public record or records are voluminous, the Commission may provide a representative sample; and provided further, that if the public record contains personal, sensitive, or confidential information, the Commission may redact such information from the copy furnished to the Mayor’s Office of Legal Counsel.

706.5 The Commission may request additional time to file documentation required by § 706.4 by filing a written or emailed request to the Mayor’s Office of Legal Counsel with a copy to the requester. The request for additional time must be filed within five (5) days (excluding Saturdays, Sundays, and legal public holidays) of receipt of the appeal. Failure to respond within the time provided shall be deemed a waiver of the right to respond to the appeal.

706.6 If the Mayor’s Office of Legal Counsel denies the appeal, or it is deemed denied by failure to respond within the time frame required by 1 DCMR § 412, the requester may seek judicial review of the denial in the D.C. Superior Court. Rules on filing a claim for judicial review may be found with the D.C. Superior Court at www.dccourts.gov.

History

SOURCE: Final Rulemaking published at 68 DCR 013097 (December 10, 2021). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 706

15 DCMR § 707 MAINTENANCE OF RECORDS

707.1 The Secretary of the Commission shall maintain a FOIA Docket of requests for public inspection.

707.2 Where the release of the identity of the person requesting the record, or other identifying details related to the request would constitute a clearly unwarranted invasion of personal privacy, the Secretary shall delete identifying details from the copies of the documents maintained in the public files.

707.3 On or before December 31st of each year, the FOIA Officer shall compile and submit to the Secretary of the District of Columbia a FOIA report as set forth in D.C. Official Code § 2-538, covering the previous fiscal year.

History

SOURCE: Final Rulemaking published at 68 DCR 013097 (December 10, 2021). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 707

15-8 INTERCONNECTION WITH TELEPHONE COMPANY FACILITIES

15 DCMR § 800 [RESERVED]

15 DCMR § 801 COLLOCATION

801.1 The Chesapeake and Potomac Telephone Company shall not be required to offer physical collocation for intrastate service, but shall be permitted to determine, on a central office-by-central office basis, whether interconnection shall be accomplished by physical or virtual collocation.

History

AUTHORITY: Unless otherwise noted, the authority for this chapter is Paragraph 97(b) of §8 of An Act Making appropriations to provide for the expenses of the government of the District of Columbia for fiscal year ending June 30, 1914, approved March 4, 1913, 37 Stat. 974, D.C. Code §43-202 (1990 Repl. Vol.).
SOURCE: Final Rulemaking published at 40 DCR 2587 (April 23, 1993).

15 DCMR § 898 WAIVER

898.1 The Commission may upon request, or on its own initiative after notice to the parties of its intention do so, waive any provision of this chapter for good cause.

History

SOURCE: Final Rulemaking published at 67 DCR 11091 (September 18, 2020). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 898

15 DCMR § 899 DEFINITIONS

899.1 When used in this chapter, the following terms and phrases shall having the meaning ascribed:

Physical Collocation - a form of interconnection with local telephone company facilities whereby the interconnector is allowed to occupy a portion of the telephone company's central office, install its communications equipment there, and bring its personnel to operate and maintain the equipment.

Virtual Collocation - a form of interconnection at a point adjacent to the telephone company's central office, where the telephone company leases the equipment to the interconnector and performs provisioning and maintenance for the interconnection.

History

SOURCE: Final Rulemaking published at 40 DCR 2587 (April 23, 1993).

15-9 NET ENERGY METERING

15 DCMR § 900 GENERAL PROVISIONS

900.1 The purpose of this chapter is to set forth the policies and procedures for implementation of the net energy metering and community net metering provisions of the “Retail Electric Competition and Consumer Protection Act of 1999,” as amended, the “Clean and Affordable Energy Act of 2008” (“CAEA”), the “Community Renewable Energy Amendment Act of 2013” (“CREA”), and the Community Renewable Energy Credit Rate Clarification Amendment Act of 2016 (“CRECRCAA”).

900.2 This chapter establishes the Public Service Commission of the District of Columbia’s Rules and Regulations governing Net Energy Metering and Community Net Metering, including eligibility for participating in Net Energy Metering and Community Net Metering, a bill crediting mechanism, Net Energy Metering and Community Net Metering billing requirements for participants, net metering-related equipment requirements, requirements for reporting and contractual arrangements, and safety and performance standards. This chapter shall be cited as the “District of Columbia Net Energy Metering and Community Net Metering Rules.”

900.3 The provisions of this chapter are promulgated pursuant to the authority set forth in Section 34-1518 of the D.C. Official Code and the CREA.

History

SOURCE: Final Rulemaking published at 52 DCR 1587 (February 18, 2005); as amended by Final Rulemaking published at 55 DCR 7302 (July 4, 2008); as amended by Final Rulemaking published at 57 DCR 5249 (June 18, 2010); as amended by Final Rulemaking published at 62 DCR 5694 (May 8, 2015); as amended by Final Rulemaking published at 63 DCR 16089 (December 30, 2016). D.C. Law 13-107 (May 9, 2000). D.C. Law 17-250 (September 25, 2008). D.C. Law 20-0047 (December 13, 2013). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 900

15 DCMR § 901 ELIGIBLE CUSTOMER-GENERATORS

901.1 Eligible customer-generators utilizing renewable resources, cogeneration, fuel cells, or microturbines may elect and shall be afforded the opportunity to participate in net energy metering. An eligible customer-generator’s facility shall meet all applicable safety and performance standards established by the National Electrical Code (“NEC”), National Electrical Safety Code (“NESC”), the Institute of Electrical and Electronics Engineers (“IEEE”), Underwriters Laboratories (“UL”) and any other relevant standards specified by the Commission.

901.2 For the purpose of net metering throughout this chapter, eligible customer-generators with net energy metering are allowed to incrementally increase its generation threshold, when filing a new or amended interconnection application, beyond one hundred percent (100%) of the customer historical twelve (12)-month usage annually as follows:

Allowable Generation Threshold Schedule:

120% in 2020,

140% in 2021,

160% in 2022,

180% in 2023, and

200% in 2024.

On or before October 1, 2021, and each October 1 thereafter, if the Electric Company identifies a reliability, safety, or cost impact on the electric distribution system caused by the implementation of the Generation Threshold Schedule in Subsection (a), the Electric Company may request suspension of the increase in the following year. The Electric Company’s filing should identify the specific reliability, safety, and cost impacts identified and provide a timeline for developing a plan to address those impacts. Absent such a request, the increase will take place automatically on January 1 each year. The allowable generation threshold for 2020 will become effective upon publication of these final rule amendments in the D.C. Register.

History

SOURCE: Final Rulemaking published at 52 DCR 1587 (February 18, 2005); as amended by Final Rulemaking published at 55 DCR 7302 (July 4, 2008); as amended by Final Rulemaking published at 57 DCR 5249 (June 18, 2010); as amended by Final Rulemaking published at 67 DCR 9742 (August 14, 2020). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 901

15 DCMR § 902 NET ENERGY BILLING AND CREDITING FOR CUSTOMERS OF COMPETITIVE ELECTRICITY SUPPLIERS

902.1 A customer that has elected net energy billing may obtain generation service from any Competitive Electricity Supplier that agrees to provide service on a net energy basis. In such circumstances, the net inflow or outflow of electricity supplied to or by the customer-generator will be billed or credited at the Competitive Electricity Supplier’s energy rate specified in the agreement between the customer-generator and the Competitive Electricity Supplier. The Competitive Electricity Supplier shall be responsible for calculating the net energy bill (or credit) amount for each billing period.

902.2 For customer-generators purchasing generation and transmission service from a Competitive Electricity Supplier, if the customer-generator’s kilowatt-hour usage during the billing period exceeds the kilowatt-hours generated by the customer-generator during that period, the customer-generator will be billed for the net energy delivered by the Electric Company at the full retail distribution rate for distribution service. In no event shall distribution-related usage charges be applied to the kilowatt-hours generated by the customer’s net metering facility.

902.3 For a customer of a competitive electricity supplier and is a customer-generator:

If the electricity generated during the billing period by the customer-generator’s facility exceeds the customer-generator’s kWh usage during the billing period (excess generation), the customer generator’s next monthly bill will be credited in kWh by the Electric Company for the excess generation. At the end of the calendar year (December), excess generation that exceeds one hundred percent (100%) of the annual consumption, will be compensated at the generation rate only, per kWh. If a credit is greater than twenty-five dollars ($25) at the end of the calendar year, the Electric Company is directed to issue a refund to the customer. If the excess generation credit at the end of the calendar year is not greater than $25, the remaining credit shall be carried over until such time as the full credit has been exhausted.

902.4 Net energy billing applies only to kilowatt-hour usage charges. Net energy billing customers are responsible for all other charges applicable to the customer’s rate class and recovered through fixed amounts or over units other than kilowatt-hours, including customer and/or demand charges, as applicable.

History

SOURCE: Final Rulemaking published at 52 DCR 1587 (February 18, 2005); as amended by Final Rulemaking published at 55 DCR 7302 (July 4, 2008); as amended by Final Rulemaking published at 57 DCR 5249 (June 18, 2010); as amended by Final Rulemaking published at 67 DCR 9742 (August 14, 2020); as amended by Final Rulemaking published at 70 DCR 014643 (November 3, 2023). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 902

15 DCMR § 903 NET ENERGY BILLING AND CREDITING FOR SOS CUSTOMERS

903.1 This section governs the billing practices applicable to participating net energy billing customers receiving SOS generation service during a billing period. In no event shall transmission or distribution-related usage charges be applied to the kilowatt-hours generated by the customer’s net metering facility.

903.2 If the value of the generation (generation value) used to supply the customer’s usage exceeds the generation value of the electricity generated by the customer’s net metering facility during the billing period, the customer-generator will be billed for the difference between the generation value of the energy consumed and the energy supplied.

903.3 For an SOS customer that is a customer-generator:

If the electricity generated during the billing period by the customer-generator’s facility exceeds the customer-generator’s kWh usage during the billing period (excess generation), the customer-generator’s next monthly bill will be credited in kWh for the excess generation. At the end of the calendar year (December), excess generation that exceeds 100% of the annual consumption, will be compensated at the generation rate only, per kWh. If a credit is greater than $25 at the end of the calendar year, the Electric Company is directed to issue a refund to the customer. If the excess generation credit at the end of the calendar year is not greater than $25, the remaining credit shall be carried over until such time as the full credit has been exhausted.

903.4 If the customer’s kWh usage exceeds the electricity generated by the customer’s net metering facility during the billing period, the customer-generator will be billed transmission and distribution related usage charges on the net energy supplied to the customer during the billing period.

903.5 Net energy billing applies only to kilowatt-hour usage charges. Net energy billing customers are responsible for all other charges applicable to the customer's rate class and recovered through fixed amounts or over units other than kilowatt-hours, including customer, demand and/or minimum charges, as applicable.

History

SOURCE: Final Rulemaking published at 52 DCR 1587 (February 18, 2005); as amended by Final Rulemaking published at 55 DCR 7302 (July 4, 2008); as amended by Final Rulemaking published at 57 DCR 5249 (June 18, 2010); as amended by Final Rulemaking published at 67 DCR 9742 (August 14, 2020); as amended by Final Rulemaking published at 70 DCR 014643 (November 3, 2023). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 903

15 DCMR § 904 NET METERING-RELATED EQUIPMENT

904.1 The metering equipment installed for net energy metering shall be capable of measuring the flow of electricity in two directions.

904.2 Nothing in this section shall prohibit the Electric Company from installing additional meters to separately record electricity supplied to an eligible customer-generator from the electric grid and the electricity generated and supplied to the electric grid by the eligible customer-generator. However, no customer-generator that elects to be billed on a net energy basis shall be charged directly for the cost of the additional meters or other necessary equipment.

History

SOURCE: Final Rulemaking published at 52 DCR 1587 (February 18, 2005); as amended by Final Rulemaking published at 55 DCR 7302 (July 4, 2008); as amended by Final Rulemaking published at 57 DCR 5249 (June 18, 2010). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 904

15 DCMR § 905 STANDARD CONTRACT

905.1 The Electric Company shall develop a standard contract that implements these rules, which shall be subject to the review and approval of the Commission. Such standard contract shall be consistent with the provisions of this chapter, as well as with the Energy Policy Act of 2005 and the Commission’s Interconnection Rules under Chapter 40 of Title 15 of the DCMR.

History

SOURCE: Final Rulemaking published at 52 DCR 1587 (February 18, 2005); as amended by Final Rulemaking published at 55 DCR 7302 (July 4, 2008); as amended by Final Rulemaking published at 57 DCR 5249 (June 18, 2010). Energy Policy Act of 2005, effective August 8, 2005 (Pub.L. 109-58, 119 Stat. 594; 56 DCR 001415-001487 (February 13, 2009)) to be codified as 15 DCMR Chapter 40, District of Columbia Small Generator Interconnection Rules (“DCSGIR”). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 905

15 DCMR § 906 COMMUNITY RENEWABLE ENERGY FACILITIES

906.1 A CREF: (a) shall be interconnected with the Electric Company’s distribution system and shall execute an Interconnection Agreement and CREF Rider with the Electric Company; (b) may be built, owned or operated by a third party under contract with a Subscriber Organization; (c) may add capacity and Subscribers to its facility if the added capacity and Subscribers do not reduce the electrical production benefit to existing Subscribers or cause the CREF to exceed five (5) megawatts in capacity; and (d) may update its Subscribers no more frequently than once per quarter, by providing the following information about its Subscribers to the Electric Company: (i) name, address and account number of each Subscriber; and (ii) the percentage interest of each Subscriber in the capacity of the CREF. Under no circumstances shall a CREF sell Subscriptions totaling more than one hundred percent (100%) of its energy generation.

906.2 The owners of any Subscriber Organization controlling a CREF: (a) shall not be considered public utilities or electricity suppliers solely as a result of their interest or participation in the CREF; (b) shall own any Renewable Energy Credits (“RECs”) associated with the electricity generated by the CREF, unless the RECs were explicitly contracted for through a separate transaction independent of any interconnection agreement or contract; (c) shall follow all procedures and all standards for performance and safety for interconnection set forth in Chapter 40 of Title 15 of the District of Columbia Municipal Regulations; and (d) shall be subject to the distribution level generation requirements set forth in Chapter 41 of Title 15 of the District of Columbia Municipal Regulations, Section 4109.

906.3 Prices paid for Subscriptions and contractual matters between the CREF owner, Subscriber Organization, and Subscribers shall not be subject to the jurisdiction of the Commission.

906.4 All electricity exported to the grid by a CREF shall become the property of the SOS Administrator, pursuant to Section 118a(h) of the amended Retail Electric Competition and Consumer Protection Act of 1999, but shall not be counted toward the SOS Administrator’s total retail sales pursuant to the Renewable Energy Portfolio Act of 2004, effective April 12, 2005 (D.C. Law 15-340; D.C. Official Code §§ 34-1431 et seq.). If the electrical production of a CREF is not fully subscribed, the SOS Administrator shall purchase the unsubscribed energy produced by the CREF at the PJM Locational Marginal Price for energy in the Pepco District of Columbia sub-zone. If applicable, the price shall be adjusted to include ancillary service charges for distribution services. The SOS Administrator shall use unsubscribed energy to offset purchases from wholesale suppliers for Standard Offer Service, and shall recover the cost for the purchase of the unsubscribed energy from SOS customers, in accordance with Chapter 41 of Title 15 of the District of Columbia Municipal Regulations, Subsection 4103.1.

906.5 A CREF shall have no less than two (2) Subscribers. In the event that a CREF falls below two (2) Subscribers, the CREF shall notify the Electric Company within seventy-two (72) hours. A CREF with fewer than two (2) Subscribers for more than thirty (30) days shall not provide energy for CREF credit pursuant to Subsection 907.6 or sell any energy supply to the SOS Administrator pursuant to Subsections 906.4 and 907.7 and is subject to disconnection by the Electric Company. The Electric Company shall provide notice of any CREFs which fall below two (2) Subscribers to the Commission, upon request.

906.6 The Electric Company shall be responsible for ensuring that public safety and system reliability is maintained, including during the interconnection and disconnection of a CREF.

906.7 A CREF applicant shall apply for an Interconnection Agreement as a generating facility that is authorized to export power pursuant to Chapter 40 of Title 15 of the District of Columbia Municipal Regulations.

906.8 Within thirty (30) days of this rulemaking, the Electric Company shall create and submit to the Commission for approval a separate CREF Tariff with terms and conditions related to CREFs including but not limited to establishing and monitoring the annual level of a Subscriber’s CNM credits, and applying CNM credits to the billing accounts of Subscribers. The Electric Company shall also create and submit to the Commission a CREF Rider to the existing Interconnection Agreement that sets out the additional terms and conditions related to the interconnection of a CREF Subscriber Organization and the Electric Company, including but not limited to the procedures for the installation and inspection of the interval production meter and the suspension or disconnection of operations when a Subscriber Organization has less than two Subscribers.

History

SOURCE: Final Rulemaking published at 52 DCR 1587 (February 18, 2005); as amended by Final Rulemaking published at 55 DCR 7302 (July 4, 2008); as amended by Final Rulemaking published at 57 DCR 5249 (June 18, 2010); as amended by Final Rulemaking published at 62 DCR 5694 (May 8, 2015); as amended by Final Rulemaking published at 67 DCR 4764 (May 1, 2020). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 906

15 DCMR § 907 BILLING AND CREDITING FOR COMMUNITY NET METERING CUSTOMERS

907.1 Each Subscription is intended to offset part or all of the Subscriber’s own historical electrical requirements. In no event may a Subscriber offset more than one hundred and twenty percent (120%) of the Subscriber’s billing meter electricity consumption over the previous twelve (12) months; except that a Subscriber of a project constructed through the Solar for All Program may offset more than one hundred and twenty percent (120%) of the Subscriber’s billing meter electricity consumption over the previous twelve (12) months. To determine the Subscriber’s previous twelve (12) months of electricity consumption, the Electric Company shall use the Subscriber’s electricity consumption for the twelve (12) months immediately prior to the first billing cycle upon which a Subscriber is eligible to receive a credit for CREF generation. If the Subscriber does not have a twelve (12) month billing history as of that first billing cycle, the Electric Company shall allow the Subscriber to choose to use as a proxy for the Subscriber’s previous twelve (12) months consumption either: (1) the twelve (12) month billing history associated with the Subscriber’s premises, including the billing history of the Subscriber and/or the billing history of previous customers in the premises; or (2) the then current average annual consumption of a customer in the Subscriber’s distribution service rate class. The Electric Company shall update the Subscriber’s previous twelve (12) months of consumption once each year upon reaching the anniversary date of the first billing cycle that the Subscriber was eligible to receive a Community Net Metering Credit (CNM Credit).

907.2 All individual billing meters for CREF Subscriptions shall be within the District of Columbia.

907.3 If a Subscriber designates a set of individual meters that are combined for billing purposes for its CNM Credit, the CNM Credit shall be applied to the single billing account and shall not be more than one hundred and twenty percent (120%) of the combined total of electricity consumption of all of the individual billing meters over the previous twelve (12) months; except that a Subscriber of a project constructed through the Solar for All Program may offset more than one hundred and twenty percent (120%) of the combined total of electricity consumption of all of the individual billing meters over the previous twelve (12) months.

907.4 The amount of electricity generated by a CREF each month and available for purchase as subscribed or unsubscribed energy shall be determined by a revenue quality interval meter (production meter) installed and paid for by the Subscriber Organization. The interval meter shall be capable of recording energy production based on intervals of at least five minutes. After installation of the interval meter, it shall be the Electric Company’s responsibility to determine that the revenue quality interval meter has been properly installed, in accordance with industry standards. It shall also be the responsibility of the Electric Company to read the revenue quality interval meter. In no event shall the electricity generated by a CREF be eligible for net energy billing.

907.5 The determination of the monetary value of credits allocated to each Subscriber of a particular CREF shall be based on each Subscriber’s percentage interest of the total production of the CREF.

907.6 Each billing period, the Electric Company shall calculate the value of the CNM Credit for subscribed energy allocated to each Subscriber by multiplying the quantity of kilowatt hours allocated to each Subscriber by the CREF Credit Rate. If the value of the CNM Credit generated by the CREF and allocated to the Subscriber for subscribed energy exceeds the amount owed by the Subscriber for electric supply as shown on Subscriber’s bill at the end of the applicable billing period, the remaining value of the CNM Credit shall carry over from month to month until the value of any remaining CNM Credit is used. If the value of the CNM Credit generated by the CREF and allocated to the Subscriber for subscribed energy is less than the amount owed by the Subscriber for electric supply as shown on Subscriber’s bill at the end of the applicable billing period, the Subscriber shall be billed for the difference between the amount shown on the bill and the value of the available CNM Credit.

907.7 If the Subscriber is served by a Competitive Electricity Supplier, the Subscriber shall be billed by the Competitive Electricity Supplier for the full kilowatt-hours (kWh) consumed by the Subscriber during the applicable billing period at the CES billing rate. If the Subscriber is served by SOS, the Subscriber shall be billed by the Electric Company for the full kilowatt-hours (kWh) consumed by the Subscriber during the applicable billing period at the SOS billing rate. Each billing period, the SOS Administrator shall transfer SOS funds equal to the value of the Subscriber’s applicable CNM Credit to the Electric Company for purposes of settling against the total charges for electric supply that appear on the Subscriber’s bill.

907.8 The CNM credit, as well as the kWh and price upon which it is based, shall be line items on a Subscriber’s Electric Company bill.

907.9 Any unsubscribed energy purchased by the SOS Administrator pursuant to Subsection 906.4 will be paid to the CREF Subscriber Organization on a monthly basis.

907.10 If the Electric Company determines that a Subscriber’s share of CREF production has offset more than one hundred and twenty percent (120%) of the Subscriber’s electricity consumption over the previous twelve (12) months, the Subscriber shall not be eligible for any additional CNM Credit for any billing periods between (i) the date the Subscriber reached the maximum allowable consumption offset and (ii) the next anniversary date of the first billing cycle that the Subscriber was eligible to receive a CNM Credit for CREF production. Beginning with the Subscriber’s next anniversary date, the Subscriber shall once again be eligible to receive a CNM Credit. Any CREF production allocable to a Subscriber in excess of the Subscriber’s maximum allowable consumption offset shall be deemed unsubscribed energy and be made available for purchase by the SOS Administrator. This Subsection shall not apply to Subscribers of a project constructed through the Solar for All Program.

907.11 The Electric Company may require that a CREF and its Subscribers have their meters read on the same billing cycle. Subscribers shall be eligible to receive CNM Credits so long as the CREF continues to generate and provide electric supply to the Electric Company’s distribution grid, regardless of the bankruptcy or contractual default of any Subscriber or of the Subscriber Organization, unless otherwise directed by a judicial order.

History

SOURCE: Final Rulemaking published at 62 DCR 5694 (May 8, 2015); as amended by Final Rulemaking published at 72 DCR 003905 (April 4, 2025). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 907

15 DCMR § 908 REPORTING AND CONTRACTUAL REQUIREMENTS FOR COMMUNITY RENEWABLE ENERGY FACILITIES

908.1 Each CREF shall register with the Electric Company. The Electric Company shall develop a Registration Form within thirty (30) days of these rules becoming final. The Registration Form shall include:

Name of Subscriber Organization;

Address of CREF;

City Ward where the CREF is located;

Generating technology used by the CREF;

Name Plate AC generating capacity of the CREF;

Copy of Interconnection Agreement between the CREF and the Electric Company, when obtained and executed;

Type of Organization that owns the CREF (if a for-profit making entity, a copy of the current DC Business License); and

List of CREF Subscribers, if available, including:

Name and address of Subscriber,

Address of the individual billing meter in the District of Columbia to which the CNM credit will be applied,

Electric Company Account number, and

Percentage ownership in the CREF.

908.2 If an Interconnection Agreement has not been obtained and executed at the time that the CREF Registration Form is initially submitted, the CREF owner or operator shall submit it to the Electric Company once it is obtained and executed. No CREF shall begin operation until a list of at least two (2) Subscribers has been submitted to the Electric Company.

908.3 The CREF owner or operator may change the list of Subscribers or change the Subscribers’ billing meters in its CREF on a monthly basis or more frequently when the number of Subscribers falls below two (2). When there are changes to the list, the CREF owner or operator shall provide an updated list of its CREF Subscribers and their billing meters to the Electric Company monthly by a date certain established by the Electric Company or more frequently when the number of Subscribers falls below two (2).

908.4 Within forty-five (45) days of this rulemaking, the Electric Company shall submit to the Commission, for the Commission’s approval, a procedural manual, including related sample documents where appropriate, for the implementation of CREA that shall include, but not be limited to:

The arrangement between the Electric Company, the SOS Administrator and the CREF related to the SOS Administrator taking title to CREF output at the point of common connection between the CREF and the Electric Company’s distribution grid;

The arrangement between the Electric Company, the SOS Administrator and the CREF relating to the SOS Administrator’s purchase of, and payment for, unsubscribed energy from the CREF at the price specified in these rules;

The arrangement between Electric Company, the SOS Administrator and the CREF for the Electric Company to create the CNM Credit based on CREF output and the price specified in the rules;

Arrangement between the Electric Company, and the CREF to credit individual CREF Subscribers with the CNM Credit based on each Subscriber’s ownership share in the CREF and the CREF’s monthly output and to modify the list of Subscribers and the amount of each Subscriber’s Subscription; and

Arrangement between the Electric Company and Competitive Electricity Suppliers to reflect the payments of the energy supply charges for CES customers who are also CREF subscribers.

908.5 Within one hundred twenty (120) days of the issuance of the final rulemaking, the Electric Company shall add a CREA page to its website with links to the procedural manual and the forms referenced therein.

908.6 Within thirty (30) days of this rulemaking, the Electric Company shall submit to the Commission for its approval the form of the line item on the Electric Company’s bill for a Subscriber’s CNM Credit.

908.7 Within twenty (20) days of the end of the second and fourth quarter of each year the Electric Company shall submit to the Commission a report that provides:

An overview of the CREFs operating in the District including summary statistics as to the number of CREFs, the number of Subscribers, and the amount of electric supply being generated;

A listing of each CREF including:

Name and location (including zip code and Ward) of CREF,

Name of Subscriber Organization,

Type of Subscriber Organization,

Type of generating technology used by the CREF,

Name Plate AC generating capacity of the CREF,

Monthly CREF output as measure by production meter,

Number of CREF Subscribers,

Any problems created by CREFs to the distribution system that are of concern to the Electric Company, with as much specificity as possible and quantified to the extent possible, including the nature, extent, and location of the problem(s), and

To the extent possible, the benefits to the distribution system from CREFs including use of CREFs to supply ancillary services including, but not limited to, voltage support, volt-ampere reactive (VAR) support, and frequency regulation.

The identification of any feeder which approaches a net energy export within a ten percent (10%) margin (i.e., a feeder where the total production from CREF and other net metering facilities is ninety percent (90%) or more of the total energy consumption for the feeder).

908.8 Any net costs for the implementation of Community Net Metering incurred by the Electric Company that are approved by the Commission shall be recovered solely through a rate assessment on Subscribers in a base rate case, pursuant to Section 122 of the amended Retail Electric Competition and Consumer Protection Act of 1999.

History

SOURCE: Final Rulemaking published at 62 DCR 5694 (May 8, 2015); as amended by Final Rulemaking published at 69 DCR 003869 (April 22, 2022); as amended by Final Rulemaking published at 69 DCR 011473 (September 23, 2022). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 908

15 DCMR § 909 DISPUTE RESOLUTION

909.1 Any dispute related to the CREF Subscriber’s bill regarding the accuracy or calculation of the bill is subject to the Commission’s Complaint Procedures under Chapter 3 of Title 15 of the DCMR (rules for residential customer complaints), or Chapter 18 of Title 15 of the DCMR (rules for non-residential customer complaints).

909.2 The owner of a CREF may file a complaint with the Commission to object to or appeal the cessation of payments to the CREF for unsubscribed energy supply or for the CREF’s disconnection from the grid. As a Non-Residential entity, the CREF is subject to Chapter 18 of Title 15 of the DCMR (rules for non-residential customer complaints).

909.3 Any dispute regarding the contract between the CREF and its Subscribers is not within the jurisdiction of the Commission.

History

SOURCE: Final Rulemaking published at 62 DCR 5694 (May 8, 2015). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 909

15 DCMR § 910 WAIVER

910.1 The Commission may upon request, or on its own initiative after notice to the parties of its intention do so, waive any provision of this chapter for good cause.

History

SOURCE: Final Rulemaking published at 62 DCR 5694 (May 8, 2015); as amended by Final Rulemaking published at 67 DCR 11091 (September 18, 2020). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 910

15 DCMR § 999 DEFINITIONS

When used in this chapter; the following terms and phrases shall have the following meaning:

“Back-up generation” – Any electric generating facility, as defined in D.C. Official Code Section 34-205, which is connected to the electric distribution system in the District of Columbia and not subject to the Commission’s Small Generator Interconnection Rules because it does not operate parallel to the electric distribution system or operates in parallel less than 100 milliseconds.

“Behind-the-meter generator” – an on-site generator that is located behind a retail customer’s meter such that no Electric Company-owned transmission or distribution facilities are used to deliver the energy from the generating unit to the on-site load.

“Capacity” means the maximum output, expressed in kilowatts, of an electric generator under specific conditions designated by the manufacturer, as indicated on a nameplate physically attached to the generator.

“Cogeneration facility” or “combined heat and power (CHP) facility” – A system that produces both electric energy, steam, or other forms of useful energy (such as heat) that are used for industrial, commercial, residential, heating or cooling purposes.

“Commission” means the Public Service Commission of the District of Columbia.

“Community Net Metering” or “CNM” means a billing arrangement under which the monetary value of electric energy generated by a Community Renewable Energy Facility and delivered to the Electric Company’s local distribution facilities is used to create a billing credit for CREF Subscribers.

“Community Net Metering Credit” or “CNM Credit” means the credit realized by the Subscriber, based on its ownership share in the CREF. The credit will be reflected on the Subscriber’s bills from the Electric Company.

“Community Renewable Energy Facility” or “CREF” means an energy facility with a capacity no greater than five (5) megawatts that: (a) uses renewable resources defined as a Tier One Renewable Source in accordance with Section 3(15) of the Renewable Energy Portfolio Standard Act of 2004, effective April 12, 2005, (D.C. Law 15-340; D.C. Official Code § 34-1431(15) as amended); (b) is located within the District of Columbia; (c) has at least two (2) Subscribers; and (d) has executed an Interconnection Agreement and a CREF Rider with the Electric Company.

“Competitive Electricity Supplier” or “CES” means a person, other than the SOS Administrator, including an aggregator, broker, or marketer, who generates electricity; sells electricity; or purchases, brokers, arranges or markets electricity for sale to customers, and shall have the same meaning as the term “Electricity Supplier” set forth Section 101 of the Retail Electric Competition and Consumer Protection Act of 1999, effective May 9, 2000 (D.C. Law 13-107; D.C. Official Code § 34-1501).

“CREF Credit Rate” means a credit rate applied to subscribers of community renewable energy facilities, which shall be equal to: (a) For residential subscribers, the full retail rate, which includes generation, transmission, and distribution charges for the standard offer service General Service Low Voltage Non-Demand Customer class or its successor, as determined by the Commission, based upon Section 118 of the CREA; and (b) For commercial subscribers, the standard offer service rate – including generation and transmission charges for the General Service Low Voltage Non-Demand Customer class or its successor, as determined by the Commission, based upon Section 118 of the CREA.

“Customer-generator” means a residential or commercial customer that owns (or leases or contracts) and operates an electric generating facility that: (a) has a capacity of not more than 1000 kilowatts; (b) uses renewable resources, cogeneration, fuel cells, or microturbines; (c) is located on the customer's premises; (d) is interconnected with the Electric Company's transmission and distribution facilities; and (e) is intended primarily to offset all or part of the customer's own electricity requirements.

“Demand response” – A reduction or modification in the consumption of electric energy by customers from their expected consumption in response to an increase in the price of electric energy or to incentive payments, or behavioral signals designed to induce lower consumption of electric energy.

“Distributed energy resource” or “DER” – A resource sited close to the customer’s load that can provide all or some of the customer’s energy needs, can also be used by the system to either reduce demand (such as demand response) or increase supply to satisfy the energy, capacity, and/or ancillary service needs of the distribution or transmission system. Types of DER include, but are not limited to: photovoltaic solar, wind, cogeneration, energy storage, demand response, electric vehicles, microturbines, biomass, waste-to-energy, generating facilities, and energy efficiency.

“Distributed generation” – Any electric generating facility, as defined in D.C. Official Code § 34-205, which is connected to the electric distribution system in the District of Columbia and subject to the Commission’s Small Generator Interconnection Rules.

“Electric company” includes every corporation, company, association, joint-stock company or association, partnership, or person doing business in the District of Columbia, their lessees, trustees, or receivers appointed by any court whatsoever, physically transmitting or distributing electricity in the District of Columbia to retail electric customers, excluding any person or entity distributing electricity from a behind-the-meter generator to a single retail customer behind the same meter and located on the same premise as the customer’s meter. In addition, the term excludes any building owner, lessee, or manager who, respectively, owns, leases, or manages, the internal distribution system serving the building and who supplies electricity and other electricity related services solely to the occupants of the building for use by the occupants. The term also excludes a Person or entity that does not sell or distribute electricity and that owns or operates equipment used exclusively for the charging of electric vehicles.

“Electric vehicle” – A vehicle which is powered by an electric motor drawing current from rechargeable storage batteries, fuel cells, or other portable sources of electrical current, and which may include a non-electrical source of power designed to charge batteries and components thereof.

“Electricity supplier” means 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:

Building owners, lessees, or managers who manage the internal distribution system serving such building and who supply electricity solely to the occupants of the building for use by the occupants;

Any Person who purchases electricity for its own use or for the use of its subsidiaries or affiliates;

Any apartment building or office building manager who aggregates electric service requirements for his or her building or buildings, and who does not: (i) Take title to electricity; (ii) Market electric services to the individually-metered tenants of his or her building; or (iii) Engage in the resale of electric services to others;

Property owners who supply small amounts of power, at cost, as an accommodation to lessors or licensees of the property;

Consolidators;

Community Renewable Energy Facilities (CREFs) as defined in Section 4199.1 and as described in Sections 4109.1 through 4109.3 of Title 15, pursuant to the Community Renewable Energy Amendment Act of 2013 (D.C. Law 20-47; D.C. Official Code §§ 34-1518 et seq.);

An Electric Company; and

Any Person or entity that owns a behind-the-meter generator and sells or supplies the electricity from that generator to a single retail customer or customers behind the same meter located on the same premise.

“Eligible customer-generator” or “net energy metering facility” means a customer-generator whose net energy metering system for renewable resources, cogeneration, fuel cells, and or microturbines meets all applicable safety and performance standards.

“Energy storage” – A resource capable of absorbing electric energy from the grid, from a behind-the-meter generator, or other DER, storing it for a period of time and thereafter dispatching the energy for use on-site or back to the grid, regardless of where the resource is located on the electric distribution system. These resources include all types of energy storage technologies, regardless of their size, storage medium (e.g., batteries, flywheels, electric vehicles, compressed air), or operational purpose.

“Fly-wheel” – A device that is able to store electrical energy in the form of kinetic energy, and convert that energy into electricity.

“Fossil fuel generator” – Any electric generating facility that utilizes coal, natural gas, or any petroleum product as a fuel.

“Fuel cell” – A device that produces electricity through a chemical reaction between a source fuel and an oxidant.

“Full Retail Distribution Rate” means the per kilowatt-hour distribution charges applicable to the net energy billing customer during the billing period.

“Full Retail Transmission Rate” means the per kilowatt-hour transmission charges applicable to the net energy billing customer during the billing period.

“Generation value” means the product of the applicable SOS kilowatt-hour rate times the number of kilowatt-hours consumed and/or supplied, during the time period(s) associated with such usage and/or supply.

“Individual Billing Meter” means an individual meter within the District of Columbia or a set of individual meters within the District of Columbia when meters are combined for billing purposes.

“Microgrid” – A collection of interconnected loads, generation assets, and advanced control equipment, installed across a limited geographic area and within a defined electrical boundary that is capable of disconnecting from the larger electric distribution system. A microgrid may serve a single customer with several structures or serve multiple customers. A microgrid can connect and disconnect from the distribution and or transmission system to enable it to operate in both interconnected or island mode.

“Microturbine” – A small combustion turbine with an output of 25 kW to 500 kW.

“Net energy billing” means a billing and metering practice under which a customer-generator is billed on the basis of net energy over the billing period.

“Net energy metering” means the difference between the kilowatt-hours consumed by a customer-generator and the kilowatt-hours generated by the customer-generator’s facility over any time period determined as if measured by a single meter capable of registering the flow of electricity in two directions.

“Renewable Energy Credit” or “REC” shall have the same meaning as that provided in Section 3(10) of the Renewable Energy Portfolio Standard Act of 2004, effective April 12, 2005 (D.C. Law 15-340; D.C. Official Code § 34-1431(10)).

“Solar for All Program” means a program established by D.C. Official Code Section 8–1774.16 and administered by the District of Columbia Department of Energy and Environment to provide long-term financial benefits of solar energy production to low-income households.

“SOS Administrator” means the provider of Standard Offer Service mandated by Section 109 of the Retail Electric Competition and Consumer Protection Act of 1999, effective May 9, 2000 (D.C. Law 13-107; D.C. Official Code § 34-1509).

“Standard Offer Service” means that electric service mandated by Section 109 of the Retail Electric Competition and Consumer Protection Act of 1999, effective May 9, 2000 (D.C. Law 13-107; D.C. Official Code § 34-1509).

“Standard Offer Service Provider” means a provider of standard offer service chosen pursuant to Chapter 29 of the Commission's rules.

“Subscriber” means a retail customer of a Competitive Electricity Supplier or a SOS customer of the Electric Company in the District of Columbia who owns a Subscription in a CREF and who has identified an individual billing meter within the District of Columbia to which the Subscription shall be attributed.

“Subscriber Organization” means any individual or for-profit or nonprofit entity permitted by District of Columbia law that owns or operates one or more CREFs for the benefit of the Subscribers.

“Subscription” means a percentage interest in a CREF’s electrical production.

“Tier One Renewable Source” shall have the same meaning as that provided in Section 3(15) of the Renewable Energy Portfolio Standard Act of 2004, effective April 12, 2005 (D.C. Law 15-340; D.C. Official Code § 34-1431(15)), as amended.

History

SOURCE: Final Rulemaking published at 52 DCR 1587 (February 18, 2005); as amended by Final Rulemaking published at 55 DCR 7302 (July 4, 2008); as amended by Final Rulemaking published at 57 DCR 5249 (June 18, 2010); as amended by Final Rulemaking published at 62 DCR 5694 (May 8, 2015); as amended by Final Rulemaking published at 63 DCR 16089 (December 30, 2016); as amended by Final Rulemaking published at 65 DCR 11025 (October 5, 2018); as amended by Final Rulemaking published at 72 DCR 003905 (April 4, 2025). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 999

15-12 [REPEALED]

15 DCMR § 1200 [REPEALED]

History

SOURCE: Final Rulemaking published at 28 DCR 2443 (May 29, 1981), incorporating text of Proposed Rulemaking published at 28 DCR 1834, 1835 (April 24, 1981); as amended by Final Rulemaking published at 62 DCR 2564 (February 27, 2015). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 1200

15 DCMR § 1201 [REPEALED]

History

SOURCE: Final Rulemaking published at 28 DCR 2443 (May 29, 1981), incorporating text of Proposed Rulemaking published at 28 DCR 1834, 1835 (April 24, 1981); as amended by Final Rulemaking published at 62 DCR 2564 (February 27, 2015). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 1201

15 DCMR § 1202 [REPEALED]

History

SOURCE: Final Rulemaking published at 28 DCR 2443 (May 29, 1981), incorporating text of Proposed Rulemaking published at 28 DCR 1834, 1835 (April 24, 1981); as amended by Final Rulemaking published at 62 DCR 2564 (February 27, 2015). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 1202

15 DCMR § 1203 [REPEALED]

History

SOURCE: Final Rulemaking published at 28 DCR 2443 (May 29, 1981), incorporating text of Proposed Rulemaking published at 28 DCR 1834, 1835 (April 24, 1981); as amended by Final Rulemaking published at 62 DCR 2564 (February 27, 2015). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 1203

15-13 RULES IMPLEMENTING THE PUBLIC UTILITIES REIMBURSEMENT FEE ACT OF 1980

15 DCMR § 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.

History

SOURCE: Final Rulemaking published at 29 DCR 3245, 3246 (July 30, 1982); as amended by Notice of Final Rulemaking published at 59 DCR 4230 (May 4, 2012).

15 DCMR § 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) (2016 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 1st of each year the Commission shall send to each public utility, competitive electric supplier, competitive natural gas supplier, and CLEC an Annual Survey 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 and certify to the accuracy of the responses by April 1st. Each response shall include a report of the responder’s gross jurisdictional revenues for the preceding calendar year ending December 31st.

1301.3 Failure to respond to the Commission issued Annual Survey by April 1st shall result in a penalty of one hundred dollars ($100.00) per day for each day that the filing is late.

1301.4 Responders who under-report their gross jurisdictional revenues in their Annual Survey, shall be subject to a penalty equal to twice the correct assessment amount, up to but not to exceed five thousand dollars ($5,000), in addition to paying the correct assessment amount.

1301.5 Responders who file incomplete or incorrect information in their Annual Survey shall be subject to a penalty not to exceed five thousand dollars ($5,000).

1301.6 Responders shall receive notice of any penalty that the Commission intends to impose and shall be given an opportunity for a hearing pursuant to D.C. Official Code §§ 34-706(c), 34-1508(a), 34-1671.11(a), or 34-2002(h-1).

History

SOURCE: Final Rulemaking published at 29 DCR 3245, 3246 (July 30, 1982; as amended by Final Rulemaking published at 53 DCR 4141 (May 19, 2006); as amended by Final Rulemaking published at 53 DCR 8486 (October 20, 2006); as amended by Final Rulemaking published at 59 DCR 4230 (May 4, 2012); as amended by Final Rulemaking published at 61 DCR 9863 (September 26, 2014); as amended by Final Rulemaking published at 63 DCR 1304 (February 5, 2016); as amended by Final Rulemaking published at 63 DCR 9405 (July 8, 2016); as amended by Errata Notice published at 64 DCR 004229 (May 5, 2017); as amended by Final Rulemaking published at 64 DCR 12447 (December 8, 2017); as amended by Final Rulemaking published at 67 DCR 1232 (February 7, 2020). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 1301

15 DCMR § 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 jurisdictional revenues of each public utility, competitive electric supplier, competitive natural gas supplier, and CLEC for the preceding calendar year.

History

SOURCE: Final Rulemaking published at 29 DCR 3245. 3246 (July 30, 1982); as amended by Final Rulemaking published at 53 DCR 4141 (May 19, 2006); as amended by Final Rulemaking published at 59 DCR 4230, 4231 (May 4, 2012); as amended by Final Rulemaking published at 63 DCR 9405 (July 8, 2016). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 1302

15 DCMR § 1303 PAYMENT OF REIMBURSEMENTS

1303.1 By June 1st of each year, the Commission shall send each public utility, competitive electric supplier, competitive natural gas supplier, and CLEC separate Notices of Proposed Assessment for the Commission and the Office of the People’s Counsel. The Notices of Proposed Assessment shall contain the proposed assessment due from each public utility, competitive electric supplier, competitive natural gas supplier, and CLEC for the Commission and for the Office of the People’s Counsel. The Notices of Proposed Assessment shall indicate a specific time period for objections to the assessments contained in the Notices of Proposed Assessment to be filed with the Commission.

1303.2 If a public utility, competitive electric supplier, competitive natural gas supplier, or CLEC for the Commission and for the Office of the People’s Counsel believes that the Proposed Assessment is incorrect, it may file a Notice of Objection with supporting documentation with the Commission before the objection period specified in the Notices of Proposed Assessment has expired. The Commission will not consider Notices of Objection that are not timely filed.

1303.3 Once the objection period specified in the Notices of Proposed Assessment has expired and, if no objections have been filed, 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 no later than August 31st of each year.

1303.4 If a timely Notice of Objection is filed, the Commission shall review and decide on the objection on or before July 15th. If an objection is determined to be valid, the Commission may, if necessary, send revised Notices of Proposed Assessment to each public utility, competitive electric supplier, competitive natural gas supplier, and CLEC and allow an additional abbreviated comment period for Notices of Objection to the revised Notices of Proposed Assessment. If no further objections are filed by the closed on the comment period, 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 no later than August 31st of each year.

1303.5 The amounts set out in the Orders of Assessment shall be paid in full to the Treasurer of the District of Columbia within thirty (30) days of the date of the Order of Assessment.

1303.6 Failure to pay the assessments in full within thirty (30) days of the Orders of Assessment shall result in a penalty of ten percent (10%) of the assessment due but not to exceed one hundred dollars ($100.00) per day for each day that the assessment is late. Failure to pay the assessments and the penalty due, if any, in full may also result in a suspension or revocation of the license of the public utility, competitive electric supplier, competitive natural gas supplier, or CLEC.

1303.7 In the event the Commission determines that a penalty may be appropriate pursuant to § 1303.6, the Commission shall provide a Notice of any penalty that it intends to impose for non-payment to the public utility, competitive electric supplier, competitive natural gas supplier, or CLEC and shall give the recipients of the notice an opportunity for a hearing pursuant to D.C. Official Code §§ 34-706(c), 34-1508(a), 34-1671.11(a), or 34-2002(h-1) and 15 DCMR § 1301.6.

History

SOURCE: Final Rulemaking published at 29 DCR 3245, 3246 (July 30, 1982); as amended by Final Rulemaking published at 53 DCR 4141 (May 19, 2006); as amended by Final Rulemaking published at 59 DCR 4230, 4231 (May 4, 2012); as amended by Final Rulemaking published at 63 DCR 1304 (February 5, 2016). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 1303

15 DCMR § 1304 SUPPLEMENTAL REIMBURSEMENTS

1304.1 Pursuant to the formula in § 1301, each public utility, competitive electric supplier, competitive natural gas supplier, and CLEC shall be required to reimburse:

(a) A fraction of any supplemental appropriation received by the Office of the People's Counsel or the Commission during the fiscal year; or

(b) A fraction of any supplemental assessment caused by a recalculation of assessments that would result in an under-collection of funds to reimburse the appropriated budgets of the Office of the People’s Counsel or the Commission in a given fiscal year.

History

SOURCE: Final Rulemaking published at 29 DCR 3245, 3247 (July 30, 1982); as amended by Final Rulemaking published at 53 DCR 4141 (May 19, 2006); as amended by Notice of Final Rulemaking published at 59 DCR 4230, 4232 (May 4, 2012); as amended by Final Rulemaking published at 66 DCR 1498 (February 1, 2019). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 1304

15 DCMR § 1306 REFUNDS OR CREDITS

1306.1 If total obligations of the Commission or the Office of the People’s Counsel are less than ninety-five percent (95%) of total appropriations for the Commission or the Office of the People’s Counsel as determined by the Office of the Chief Financial Officer in the annual audit released in the month of February of each year, the Commission or the Office of the People’s Counsel shall cause the difference to be refunded or credited against the next year’s assessment 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. The decision to refund or credit the difference shall be at the Commission’s discretion.

1306.2 If a recalculation of assessments would result in an over-collection of funds to reimburse the appropriated budgets of the Office of the People’s Counsel or the Commission in a given fiscal year, this over-collection shall be refunded or credited against the next year’s assessments to the public utilities, competitive electric suppliers, competitive natural gas suppliers, and CLECs according to the formula under § 1301. The decision to refund or credit the difference shall be at the Commission’s discretion.

History

SOURCE: Final Rulemaking published at 29 DCR 3245, 3247 (July 30, 1982); as amended by Final Rulemaking published at 53 DCR 4141 (May 19, 2006); as amended by Final Rulemaking published at 59 DCR 4230, 4232 (May 4, 2012); as amended by Final Rulemaking published at 63 DCR 1304 (February 5, 2016); as amended by Final Rulemaking published at 66 DCR 1498 (February 1, 2019). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 1306

15 DCMR § 1307 WAIVER

1307.1 The Commission may upon request, or on its own initiative after notice to the parties of its intention do so, waive any provision of this chapter for good cause.

History

SOURCE: Final Rulemaking published at 29 DCR 3245, 3247 (July 30, 1982); as amended by Final Rulemaking published at 59 DCR 4230, 4232 (May 4, 2012); as amended by Final Rulemaking published at 66 DCR 1498 (February 1, 2019); as amended by Final Rulemaking published at 67 DCR 11091 (September 18, 2020). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 1307

15 DCMR § 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.

History

SOURCE: Final Rulemaking published at 29 DCR 3245, 3248 (July 30, 1982); as amended by Notice of Final Rulemaking published at 59 DCR 4230, 4232 (May 4, 2012).

15 DCMR § 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:

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:

Take title to electricity;

Market electric services to the individually-metered tenants of his or her building; or

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.

Building owners, lessees, or managers who manage the internal distribution system serving such building and who supply electricity solely to the occupants of the building for use by the occupants;

Any Person who purchases electricity for its own use or for the use of its subsidiaries or affiliates;

Property owners who supply small amounts of power, at cost, as an accommodation to lessors or licensees of the property;

Consolidators;

An Electric Company; and

Gross jurisdictional revenue - gross revenues derived from retail operations regulated by the Commission in the District of Columbia.

Office of the People's Counsel - the Office of the People'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.

History

SOURCE: Final Rulemaking published at 29 DCR 3245 (July 30, 1982); as amended by Final Rulemaking published at 53 DCR 4141 (May 19, 2006); as amended by Final Rulemaking published at 59 DCR 4230, 4232 (May 4, 2012); as corrected by Errata Notice published at 59 DCR 4772 (May 11, 2012); as amended by Final Rulemaking published at 63 DCR 1304 (February 5, 2016); as amended by Final Rulemaking published at 65 DCR 11025 (October 5, 2018); as amended by Final Rulemaking published at 67 DCR 1232 (February 7, 2020). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 1399

15-14 AGENCY FUND REQUIREMENTS

15 DCMR § 1400 PURPOSE

1400.1 The purpose of this chapter is to promote procedural efficiency by establishing a set of procedural and substantive rules for governing the issuance of special franchise tax deposit orders in accordance with the requirements of D.C. Code §43-612(a)(5), (1981 Ed.).

History

AUTHORITY: Unless otherwise noted, the authority for this chapter is Paragraph 97(b) of §8 of An Act Making appropriations to provide for the expenses of the District of Columbia for the fiscal year ending June thirtieth, nineteen hundred and fourteen, and for other purposes, approved March 4, 1913 (37 Stat. 977); as amended by §2 of the Public Utilities Amendment Act of 1989, D.C. Law 8-47, D.C. Code §43-501 (1981 Ed.).
SOURCE: Final Rulemaking published at 33 DCR 893 (February 14, 1986).

15 DCMR § 1401 COMMISSION DETERMINATIONS OF AGENCY FUND REQUIREMENTS

1401.1 When any proceeding is initiated by the Commission, or any member, the Commission, or member, shall, prior to the issuance of any special franchise tax deposit order for that proceeding, issue a Notice of Agency Fund Requirements for that proceeding setting forth the reasonable and necessary expenditures required by the Commission, or member, to carry out its statutory responsibilities with regard to the proceeding.

1401.2 A Notice of Agency Fund Requirements shall contain the following information:

(a) The total amount sought from each affected utility and the dates on which payment is requested to be made by each utility:

(b) The name of each contractor to be hired;

(d) A brief description of the work to be performed by each contractor;

(e) The number of persons to be employed by the contractor on the contract;

(f) The rate of compensation on an hourly basis for each person so employed by the contractor; and

(g) The actual or estimated amount of each contract.

1401.3 In determining its agency fund requirements, the Commission shall consider the following:

(a) The nature of the proceeding;

(b) The expertise, reputation, and ability of the contractor;

(d) The customary expenditures required for services in similar proceedings before the Commission or elsewhere; and

(e) The level of assistance required by the Commission to discharge its statutory responsibilities with the respect to the proceeding.

History

SOURCE: Final Rulemaking published at 33 DCR 893 (February 14, 1986); as amended by Final Rulemaking published at 33 DCR 1857 (March 21, 1986).

15 DCMR § 1402 TIME FOR ISSUING NOTICE

1402.1 A Notice of Agency Fund Requirements may be issued by the Commission at any time.

1402.2 Any Notice of Agency Fund Requirements, once issued, shall be placed in the official docket of the Commission, and served on the affected utility, the Office of the People's Counsel ("OPC"), and any party to the proceeding.

1402.3 Any Notice of Agency Fund Requirements issued for a matter not officially docketed by the Commission shall be served on the affected utility and OPC and shall be maintained in the public records of the Commission.

History

SOURCE: Final Rulemaking published at 33 DCR 893, 894 (February 14, 1986).

15 DCMR § 1403 OPPOSITION TO COMMISSION DETERMINATIONS OF AGENCY FUND REQUIREMENTS AND THE ISSUANCE OF SPECIAL FRANCHISE TAX DEPOSIT ORDERS

1403.1 Any opposition to a Commission Notice of Agency Fund Requirements and the subsequent issuance of a special franchise tax deposit order shall be filed with the Commission within five (5) business days of the date of the Notice.

1403.2 Any opposition to a Commission Notice shall also be hand delivered to the affected utility, OPC and any party of record.

1403.3 Opposition to the Commission's determination may be based on, but not limited to, the following grounds:

(a) Whether the rate of compensation for a contractor is unreasonable;

(b) Whether the work to be performed by the contractor is not reasonably connected to the proceeding; and

History

SOURCE: Final Rulemaking published at 33 DCR 893, 895 (February 14, 1986).

15 DCMR § 1404 ISSUANCE OF A SPECIAL FRANCHISE TAX DEPOSIT ORDER ON BEHALF OF THE COMMISSION

1404.1 Within five (5) business days of the filing of any opposition, or within ten (10) business days after the issuance of a Notice of Agency Fund Requirements if no opposition is filed, the Commission, unless the time is otherwise extended, shall issue the special franchise tax deposit order, or rule on the opposition, or both.

1404.2 Any order or ruling shall set forth findings and be supported by substantial evidence in the record before the Commission.

1404.3 Review of any order or ruling under §1404.1 shall be as provided for in D.C. Code §§43-904 et seq. (1981 Ed.).

History

SOURCE: Final Rulemaking published at 33 DCR 893, 895 (February 14, 1986).

15 DCMR § 1405 ISSUANCE OF A SPECIAL FRANCHISE TAX DEPOSIT ORDER ON BEHALF OF THE OFFICE OF PEOPLE'S COUNSEL (OPC)

1405.1 With respect to any proceeding, once OPC has determined the reasonable and necessary expenditures required by OPC to carry out its statutory responsibilities with regard to the proceeding, OPC shall file a Notice of Agency Fund Requirements with the Commission for review.

1405.2 The OPC's Notice of Agency Fund Requirements shall contain the information set forth in §1401.2.

1405.3 An OPC Notice of Agency Fund Requirements may be filed with the Commission at any time.

1405.4 Within ten (10) business days of the filing of OPC's Notice of Agency Fund Requirements, the Commission shall decide whether to issue the special franchise tax deposit order.

1405.5 In the event that the special franchise tax deposit order is not issued by the Commission, then the ruling or order by the Commission on the Notice shall set forth the specific failure of OPC to meet the standard for review set forth in the statute.

1405.6 If after receiving an order or ruling, OPC resubmits the Notice and related request for issuance of a special franchise tax deposit order, then the provisions of §§1405.1-1405.5 shall apply to the resubmissions.

1405.7 With respect to any OPC Notice of Agency Fund Requirements filed with the Commission pursuant to § 1405.1 or any resubmission made with the Commission pursuant to §1405.6, if the Commission fails to take action within the timeframe set forth in § 1405.4, then the Notice, or resubmission, shall be deemed approved and the Chief Clerk of the Commission shall cause the special franchise tax deposit order to issue.

1405.8 Review of any order or ruling made by the Commission pursuant to §§1405.4 through 1405.6 shall be as provided for in D.C. Code §§43-904 et seq. (1981 Ed.).

History

SOURCE: Final Rulemaking published at 33 DCR 893, 896 (February 14, 1986).

15 DCMR § 1406 APPLICATION OF OTHER CHAPTERS

1406.1 Unless otherwise noted in this chapter, the rules and procedures of the Commission as set forth in Chapter 1 of this title shall apply to all matters arising under this chapter.

History

SOURCE: Final Rulemaking published at 33 DCR 893, 896 (February 14, 1986).

15 DCMR § 1407 JOINT ASSESSMENTS

1407.1 In the case of a single proceeding which involves more than one (1) utility, the assessment called for by any special franchise tax deposit order shall be apportioned in accordance with the formula set forth in the Reimbursement Fee Act (D.C. Code §43-612(b)(2) (1981 Ed.)).

History

SOURCE: Final Rulemaking published at 33 DCR 893, 897 (February 14, 1986).

15 DCMR § 1498 WAIVER

1498.1 The Commission may upon request, or on its own initiative after notice to the parties of its intention do so, waive any provision of this chapter for good cause.

History

SOURCE: Final Rulemaking published at 67 DCR 11091 (September 18, 2020). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 1498

15 DCMR § 1499 DEFINITIONS

1499.1 When used in this chapter, the following terms and phrases shall have the meaning ascribed:

Affected Utility - an affected utility is any utility regulated by the Commission which is a party to, or participates in, any proceeding.

Contractor - a contractor is any person, partnership, association, corporation, or other entity who supplies the Commission or OPC with services.

Proceeding - a proceeding is any administrative action, process, adjudication, or investigation pending before, or initiated by, the Commission or any member.

History

SOURCE: Final Rulemaking published at 33 DCR 893, 897 (February 14, 1986).

15-15 RULES IMPLEMENTING THE PUBLIC UTILITIES AMENDMENT ACT OF 1989

15 DCMR § 1500 GENERAL PROVISIONS

1500.1 This chapter shall govern the issuance of certificates of public convenience and necessity under the Public Utilities Amendment Act of 1989.

History

AUTHORITY: Unless otherwise noted, the authority for this chapter is Paragraph 2(B) of §8 of An Act Making appropriation to provide for the expenses of the District of Columbia for the fiscal year ending June thirtieth, nineteen hundred and fourteen, and for other purposes, approved March 4, 1913 (37 Stat. 977; D.C. Code §43-501); as amended by §2(d) of the Public Utilities Amendment Act of 1989, D.C. Law 8-47, D.C. Code §43-501 (1990 Repl. Vol.).
SOURCE: Final Rulemaking published at 38 DCR 16 (January 4, 1991).

15 DCMR § 1501 FILING REQUIREMENTS FOR AN APPLICATION FOR A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY

1501.1 Applications for a Certificate shall be submitted in writing and on forms prescribed by the Commission.

1501.2 Commission certification shall be obtained before the services enumerated in §1506.2 may be offered in the District of Columbia. Commission approval shall be obtained before any sale or transfer of effective control by means of sale, transfer, assignment or other disposition of ten percent (10%) or more of the stock or voting rights in a public utility holding a certificate of public convenience and necessity. This subsection is inapplicable for those utilities exempted by § 1509.1.

1501.3 Each applicant shall be required to address the following matters, in a substantial manner and with particularity, consistent with the scope of the authorization sought:

(a) Demonstrate that the applicant's entry into the requested service field is responsive to public need and demand;

(b) Demonstrate the technical feasibility of the proposed system and the technical competence of the applicant;

(c) Describe the proposed service including terms, conditions, area of coverage, quality, and features of service, and differences from any service presently provided in the proposed service area;

(d) Demonstrate the financial responsibility of the applicant; and

(e) Demonstrate the economic feasibility of the proposed service in the market to be served.

1501.4 Unless otherwise specified by the Commission, to be deemed complete, all application submissions shall include, either in the application itself or in exhibits, the following data:

(a) The name, address and telephone number of the public utility filing the application;

(b) The name of the individual authorized to respond to questions by the Commission or its staff regarding the application;

(c) The service field in which the applicant wishes to operate as well as a full description of the proposed service and the manner in which the same will be provided or constructed;

(d) The names and addresses of all utilities, corporations, persons or other entities, whether publicly or privately operated, with which the proposed service is likely to compete, and of the jurisdictions within which service will be rendered;

(e) A map of suitable scale showing the location or route of any proposed facility, and its relation to other public utilities, corporations, persons or entities with which the same is likely to compete;

(f) Facts showing that the public convenience and necessity requires, or will require, the proposed service;

(g) A statement detailing the estimated annual costs, both fixed and operating, associated with the facility or service contemplated by the applicant;

(h) Statements or exhibits showing the financial ability of the applicant to render the proposed service together with information regarding the manner in which the applicant proposes to finance the cost of the proposed construction or extension;

(i) A statement of the proposed rates to be charged for service or as a result

of construction of the facility; and

(j) Projections of estimated demand and revenues for each of the first five (5) years of service contemplated by the applicant.

1501.5 An application submission shall also specify both the time and a timetable that the applicant will require to make the proposed service available.

1501.6 The applicant shall provide any other information the Commission shall indicate will be required to evaluate the application, within fifteen (15) working days of the Commission's request. The information shall be served on the Office of the People's Counsel and all other parties of record.

1501.7 In addition to the copies required to be filed with the Commission pursuant to §100.11 of this title, an applicant shall be required to forward one (1) complete copy of the application submission to the Office of the People's Counsel.

1501.8 Each applicant shall be responsible for the continuing accuracy and completeness of information furnished in a pending application or in Commission proceedings involving a pending application.

1501.9 Whenever the information furnished in the pending application is no longer substantially accurate and complete in all significant respects, the applicant shall amend the application so as to furnish additional or corrected information within twenty (20) days after the applicant becomes aware of the change, unless good cause is shown, and shall serve the parties of record.

1501.10 Whenever there has been a substantial change as to any other matter which may be of decisional significance in a Commission proceeding involving the pending application, the applicant shall submit a statement furnishing such additional or corrected information within twenty (20) days after the applicant becomes aware of the change, unless good cause is shown, and shall serve the parties of record.

1501.11 If the matter is before any court for review, statements and amendments shall also be served upon the Commission's General Counsel.

1501.12 For the purposes of this section, an application is "pending" before the Commission from the time it is accepted for filing by the Commission until a Commission grant or denial of the application is no longer subject to reconsideration by the Commission or to review by any court.

History

SOURCE: Final Rulemaking published at 38 DCR 16, 17 (January 4, 1991).

15 DCMR § 1502 NOTICE OF REVIEW

1502.1 Timely written notification of the beginning of the review shall be given by the Commission to all affected persons and to any person who has asked to be placed on the Commission's notification mailing list. Except as provided for in §1502.3, all notification shall be made by mail.

1502.2 For the purposes of this section, the term "affected person" shall mean the following:

(a) The person whose proposal is being reviewed;

(b) The Office of the People's Counsel;

(c) Public utilities in the District of Columbia that provide similar services or that have similar facilities to those proposed; and

(d) Any public utility that, prior to the receipt of the application, indicated to the Commission its intention to provide similar services.

1502.3 Notification to the public shall be given by means of publication of a notice in at least one newspaper of general circulation in the District of Columbia.

1502.4 The notice of the beginning of the review shall include the following:

(a) The proposed schedule of the review;

(b) The manner in which notification will be provided of the time and place of the public hearing; and

1502.5 The review shall began at least thirty (30) days after the Notice of Review, and the hearing shall begin at least thirty (30) days after the notice of the hearing.

1502.6 The date of notification shall be the date on which the notice is mailed or the date the notice first appears in a newspaper, whichever is later.

History

SOURCE: Final Rulemaking published at 38 DCR 16, 20 (January 4, 1991).

15 DCMR § 1503 SUBSTANTIAL MODIFICATION OF APPLICATION

1503.1 Substantial modification of a Certificate application requires withdrawal of the original application and submission of a new application reflecting the modifications.

1503.2 For the purposes of this section, a change of ten percent (10%) or more from the applicant's original operating budget or a change in ownership shall be deemed to be a substantial modification. The Commission may deem other examples as substantial modifications of the application.

1503.3 The new application shall constitute a wholly separate application and shall be subject to all elements of the review process, including written notification proceedings, unless waived by the Commission.

History

SOURCE: Final Rulemaking published at 38 DCR 16, 20 (January 4, 1991).

15 DCMR § 1504 FORMAL HEARING

1504.1 After the date of notification of review, the Commission shall schedule a date on which a formal hearing regarding the application shall be held.

1504.2 A formal hearing shall be governed by §§120, 127 and 132 through 138 of Chapter 1 of this title relating to formal hearings, unless otherwise ordered by the Commission.

1504.3 Certificates shall not become valid until the expiration of thirty (30) days after issuance, or upon a final Commission decision or opinion on reconsideration, whichever is later. A Certificate may be revoked or modified by the Commission as a result of reconsideration or appeal.

1504.4 The Commission may establish any conditions to the approval of a Certificate as it deems appropriate. If any condition has an expiration date, it shall be specified in the Certificate.

1504.5 If the Commission finds that there has been a violation of a condition under which a Certificate was issued, it may nullify, rescind, or suspend the Certificate as it deems appropriate, in the manner specified in §1508.

History

SOURCE: Final Rulemaking published at 38 DCR 16, 21 (January 4, 1991).

15 DCMR § 1505 RECONSIDERATION

1505.1 Requests for reconsideration or modification of any decision of the Commission regarding an application for a Certificate shall be governed by the provisions of § 140 of this title.

History

SOURCE: Final Rulemaking published at 38 DCR 16, 21 (January 4, 1991).

15 DCMR § 1506 SCOPE OF CERTIFICATE

1506.1 Each Certificate issued by the Commission shall indicate in which service category the holder of the Certificate is authorized to provide utility services, and any attached limitations or conditions.

1506.2 There shall be six (6) service categories as follows:

(a) Electric Service - the activities of owning, operating, controlling, or managing any electric plant, within the District of Columbia, including any water plant, or water property, or water falls, or dam, or interpower stations, except where electricity is made, generated, produced, or transmitted by a private person or private corporation on or through private property solely for its own use or the use of tenants of its building and not for sale to or for use of others;

(b) Gas Service - the activities of manufacturing, making, distributing, or selling gas for light, heat, or power, or for any public use whatsoever in the District of Columbia, and owning, operating, controlling, or managing any gas plant in the District of Columbia, except where the gas is made or produced and distributed by the maker on or through private property solely for its own use or the use of its tenants and not for sale to or for the use of others;

(c) Telephone Service - the activities of owning, operating, controlling, or managing any plant, wires, poles, or property for the reception, transmission or communication of messages by telephone or telegraph, telephone or telephone apparatus or instruments, or any telephone or telegraph line or part of a telephone or telegraph line, used in the conduct of the business of affording, within the District of Columbia, telephonic or telegraphic communication for hire, or which lets or permits, within the District of Columbia, telephone or telegraph communication for hire;

(d) Common Carrier Service - the activities of owning, operating, controlling or managing any agency or agencies of public use for the conveyance of persons or property within the District of Columbia for hire, except for activities of taxicabs and other passenger vehicles for hire, steam railroads, express companies subject to the jurisdiction of the Interstate Commerce Commission, the Washington Terminal Company, and the Norfolk and Washington Steamboat Company;

(e) Waterpower Service - the activities of owning, operating, managing, or controlling any plant or property, dam or water supply, canal, or power station for the development of waterpower for the generation of electrical current or other power or for the distribution or sale of such electrical current or other power within the District of Columbia; and

(f) Pipeline Service - the activities of owning, operating, managing or controlling the supply of any liquid, steam, or air through pipes or tubing to consumers for use or for lighting, heating, or cooling purposes or for power, within the District of Columbia.

History

SOURCE: Final Rulemaking published at 38 DCR 16, 21 (January 4, 1991).

15 DCMR § 1507 SALES OR TRANSFER OF EFFECTIVE CONTROL

1507.1 The sale or transfer of effective control over a public utility for which a current Certificate has been granted shall cause nullification of the Certificate, effective as of the time at which the sale or transfer occurs, unless the sale or transfer has first been reviewed and approved by the Commission pursuant to D.C. Code §43-801 (1990 Repl. Vol.).

1507.2 For the purposes of this section, "effective control" means the ability of any person, by reason of a direct or indirect ownership interest (whether of record or beneficial) of ten percent (10%) or more of the outstanding shares or voting rights in a public utility that holds a Certificate, to direct or cause the direction of the management, operation, or policies of that public utility.

1507.3 For purposes of this section, the term "person" means any individual, corporation, partnership, association, joint stock company, joint venture, trust or unincorporated organization.

1507.4 Where the sale or transfer of effective control over an entity for which a Certificate has been granted, or the transfer, assignment or other disposition of stock or voting rights of an entity which is the holder of a Certificate is contemplated or intended, either voluntarily or involuntarily, a new Certificate shall be applied for by the party proposing to gain effective control.

1507.5 The failure to obtain a new Certificate prior to effecting the sale or transfer of effective control over the holder of record of a current Certificate shall cause the automatic nullification of the current Certificate, effective as of the time at which the sale or transfer of effective control occurs.

History

SOURCE: Final Rulemaking published at 38 DCR 16, 23 (January 4, 1991).

15 DCMR § 1508 ENFORCEMENT AND REMEDIES FOR NONCOMPLIANCE

1508.1 Only those services and facilities that are found by the Commission to be required for the present and future public convenience and necessity shall be issued a Certificate.

1508.2 Public utilities shall not furnish service or facilities until after a Certificate has been issued.

1508.3 A public utility shall not obligate capital expenditures, offer new services or acquire equipment if a Certificate authorizing it to provide services in the relevant service category has not been issued or has been nullified, rescinded or suspended by the Commission.

1508.4 A public utility that has been issued a Certificate to provide services in a specified service category shall only provide services which fall within that service category, and any attached limitations and conditions.

1508.5 In any case in which the Commission believes that a violation of the terms of the Act or this chapter of this title has occurred, the Commission may seek an injunction. Any party may file a request that the Commission seek such an injunction.

1508.6 Before nullifying, rescinding or suspending a Certificate, the Commission shall publish a notice of alleged violation in a newspaper of general circulation in the District, and shall notify all interested parties, including the holder of the Certificate.

1508.7 The notice shall specify in general terms the nature of the alleged violation and shall provide the time and location of a hearing to consider the alleged violation.

1508.8 The Certificate holder shall also be given a more detailed specification of the nature of the alleged violation. Copies of the specification shall be furnished to all parties to the certificate application proceeding of that Certificate holder.

1508.9 A hearing regarding the nullification, rescission, or suspension of a Certificate shall be held no later than thirty (30) days from the date of the notice

1508.10 The hearing shall be conducted in accordance with the procedures specified in Chapter 1 of this title for a reconsideration hearing.

1508.11 A decision to nullify, rescind or suspend a Certificate shall be made following the close of the hearing, shall be made in writing, and shall be based on the complete record of the action. The decision shall include findings of fact and conclusions of law.

1508.12 Any public utility that violates any provision of the Act or of this chapter shall be subject to penalties under the Act, D.C. Code §43-306 (1990 Repl. Vol.).

History

SOURCE: Final Rulemaking published at 38 DCR 16, 23 (January 4, 1991).

15 DCMR § 1509 EXEMPTIONS

1509.1 Any public utility that provided services or facilities and was regulated by the Commission prior to June 27, 1989, the effective date of the Emergency Act, shall be deemed to have been granted a Certificate allowing it to provide facilities or services in the service category or categories in which it was operating prior to the effectiveness of the Emergency Act.

1509.2 No provision of this chapter shall be construed to exempt a public utility (an entity) which holds a Certificate from any other chapter or regulation of this code.

History

SOURCE: Final Rulemaking published at 38 DCR 16, 25 (January 4, 1991).
EDITOR'S NOTE: The original §1509.1 cites the effective date of the Emergency Act as June 28, 1989. This version of §1509.1 cites the actual effective date of the Emergency Act, June 27, 1989.

15 DCMR § 1598 WAIVER

1598.1 The Commission may upon request, or on its own initiative after notice to the parties of its intention do so, waive any provision of this chapter for good cause.

History

SOURCE: Final Rulemaking published at 67 DCR 11091 (September 18, 2020). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 1598

15 DCMR § 1599 DEFINITIONS

1599.1 When used in this chapter, the following terms and phrases shall have the meaning ascribed.

Act - the Public Utilities Amendment Act of 1989, D.C. Law 8-47, D.C. Code §43-501 (1990 Repl. Vol.).

Certificate - a certificate of public convenience and necessity issued by the Commission to a public utility upon a showing pursuant to the provisions of this chapter that the service or facility that the public utility wishes to implement or construct is in the present and future public interest.

Commission - the Public Service Commission of the District of Columbia.

Emergency Act - the Public Utilities Amendment Emergency Act of 1989, D.C. Act 8-55.

People's Counsel - the Office of the People's Counsel of the Government of the District of Columbia.

Public Utility - any public utility, as defined under D.C. Code §43-203 (1990 Repl. Vol.).

Service Field - the type or types of utility service that a public utility is authorized by its Certificate, or wishes to be authorized, to provide to the public.

History

SOURCE: Final Rulemaking published at 38 DCR 16, 25 (January 4, 1991).

15-16 USE OF PUBLIC UTILITY FACILITIES

15 DCMR § 1600 PURPOSE

1600.1 This chapter shall implement the Commission’s regulatory authority over access to a public utility’s Facilities by another public utility or by any person, firm, copartnership, association, or corporation interested in the use of a public utility’s Facilities. This chapter shall also implement the Commission’s regulatory authority over access to a public utility’s poles, conduits, and rights-of-way by Cable Operators. This chapter also provides procedures for the processing of Applications regarding the use of such Facilities, and prompt processing of Complaints regarding the use of utility poles, conduits, or rights-of-way by Cable Operators, including the rates, terms, and conditions of such use, or petitions for temporary stay pertaining to removal of equipment or changes in rates.

1600.2 The Commission shall ensure that all Pole Attachment rates, terms and conditions prescribed in accordance with this chapter are just and reasonable, and shall regulate the matters described in this chapter in accordance with District of Columbia law, federal law, and to the extent applicable, Federal Communications Commission rules and regulations.

History

SOURCE: Final Rulemaking published at 31 DCR 6496 (December 21, 1984); as amended by Final Rulemaking published at 33 DCR 5667 (September 12, 1986); as amended by Final Rulemaking published at 66 DCR 14436 (November 1, 2019). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 1600

15 DCMR § 1601 APPLICATIONS

1601.1 Private negotiation of agreements regarding the use of a public utility’s Facilities by another public utility or by any person, firm, copartnership, association, or corporation interested in the use of a public utility’s Facilities is encouraged by the Commission. In case of failure to agree upon the use of a public utility’s Facilities by another public utility or by any person, firm, copartnership, association, or corporation interested in the use of a public utility’s Facilities, or the conditions or compensation for such use, any public utility or any person, firm, copartnership, association, or corporation may file an Application with the Commission.

1601.2 Applications filed under this chapter shall be filed in accordance with and shall be governed by the procedures set forth in Chapter 1 (Public Service Commission Rules of Practice and Procedure) of this title, except as otherwise provided by this chapter.

1601.3 The Application shall specify the cause of the dispute. The Application shall be accompanied by a copy of the agreement for the use of the Facilities, if any, between the Applicant and the public utility.

1601.4 The Commission shall investigate the Application. If the Commission determines that public convenience and necessity require such use of the Facilities and that it would not result in irreparable injury to the owners or other user of the Facilities nor in any substantial detriment to the service to be rendered by the owners or other users of the Facilities, the Commission shall direct that use of the Facilities be permitted and prescribe the conditions and compensation for such joint use. This provision does not alter a Cable Operator’s rights to access a utility’s poles, conduits or rights-of-way upon just and reasonable rates, terms and conditions.

1601.5 With respect to any Application, the Commission shall take final action within three hundred and sixty (360) days after the filing of the Application.

History

SOURCE: Final Rulemaking published at 31 DCR 6496 (December 21, 1984); as amended by Final Rulemaking published at 66 DCR 14436 (November 1, 2019). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 1601

15 DCMR § 1602 NOTICE OF REMOVAL AND PETITION FOR TEMPORARY STAY

1602.1 A public utility shall provide any person, firm, copartnership, association, or corporation using a public utility’s Facilities no less than sixty (60) days written notice prior to the following:

Removal of any person, firm, copartnership, association, or corporation’s equipment or termination of services to any person, firm, copartnership, association, or corporation’s equipment located on the public utility Facilities; or

Changes in rates, terms, or conditions for the use of public utility Facilities.

1602.2 Any person, firm, copartnership, association, or corporation affected by the notice in Subsection 1602.1 may file a petition for temporary stay of the action in the notice within fifteen (15) days of the notice.

1602.3 A petition for temporary stay shall be governed by the procedures set forth in Chapter 1 of this title, except as otherwise provided by this chapter.

History

SOURCE: Final Rulemaking published at 31 DCR 6496 (December 21, 1984); as amended by Final Rulemaking published at 66 DCR 14436 (November 1, 2019). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 1602

15 DCMR § 1603 RULES GOVERNING POLE ATTACHMENT DISPUTES BETWEEN PUBLIC UTILITIES AND CABLE OPERATORS

1603.1 Cable Operators may also file Complaints or petitions for temporary stay regarding the use of existing utility poles, ducts, conduits or rights-of-way located in the District of Columbia. Petitions for temporary stay shall be governed by the provisions of D.C. Official Code § 34-1253.03, and Sections 1601 and 1602. Complaints shall be filed in accordance with Chapter 1 of this title as such procedures pertain to processing of formal complaints, except as otherwise provided by this chapter.

1603.2 In a case where it is claimed that either a rate is unjust or unreasonable, or a term or condition is unjust or unreasonable and examination of the term or condition requires review of the associated rate, the Complaint shall provide data and information in support of the claim. The data and information shall include, where applicable, the following information:

(a) The depreciated installed cost of poles in the District of Columbia;

(b) The total number of poles owned and controlled or used by the public utility;

(d) The number of poles included in paragraph (c) of this section that are owned by the public utility and that are leased to other users by the public utility, and the annual share of pole costs allocated to the users (including the Complainant), together with the methodology for such allocation; and

(e) The annual carrying charges for the poles owned and controlled or used by the public utility.

1603.3 With respect to the data required by § 1603.2, this data and information shall be based upon the cost methodology, prescribed by the Commission. Data shall be derived from Form M, ARMIS, FERC 1, or other reports filed with state or federal regulatory agencies (identify source). Calculations made in connection with these figures shall be provided to the Applicant.

1603.4 Where the attachments to the data required by § 1603.2 involve ducts, conduits, or rights-of-way, in whole or in part, appropriate and equivalent data and information shall be filed.

1603.5 If any of the information required in § 1603.2 is not provided to the Cable Operator by the public utility upon reasonable request, the Cable Operator shall include a statement indicating the steps taken to obtain the information from the public utility, including the dates of all requests. No Complaint filed by a Cable Operator shall be dismissed where the public utility has failed to provide the information in § 1603.2 after a reasonable request.

1603.6 The Complaint shall include a brief summary of all steps taken to resolve the pole attachment dispute prior to filing.

1603.7 In its consideration of the Complaint, answer, and other filings, the Commission may take notice of any information contained in publicly available documents made by the parties to the dispute and may accept, subject to rebuttal, studies that have been conducted.

1603.8 In making any determination under this Section, the Commission shall consider the interests of both cable service subscribers and public utility consumers.

1603.9 With respect to any Complaint, the Commission shall take final action within three hundred and sixty (360) days after the filing of the Complaint.

History

SOURCE: Final Rulemaking published at 31 DCR 6496 (December 21, 1984); as amended by Final Rulemaking published at 66 DCR 14436 (November 1, 2019). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 1603

15 DCMR § 1604 REMEDIES

1604.1 If the Commission determines that the rate, term, or condition complained of is not just and reasonable, it may prescribe a just and reasonable rate, term, or condition and may take any of the following actions:

(a) Terminate the unjust and unreasonable rate, term, or condition in the Pole Attachment agreement; or

(b) Direct the substitution of in the Pole Attachment agreement the just and reasonable rate, term, or condition established by the Commission.

History

SOURCE: Final Rulemaking published at 31 DCR 6496 (December 21, 1984); as amended by Final Rulemaking published at 66 DCR 14436 (November 1, 2019). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 1604

15 DCMR § 1605 WAIVER

1605.1 The Commission may upon request, or on its own initiative after notice to the parties of its intention do so, waive any provision of this chapter for good cause.

History

SOURCE: Final Rulemaking published at 31 DCR 6496, 6500 (December 21, 1984); as amended by Final Rulemaking published at 66 DCR 14436 (November 1, 2019); as amended by Final Rulemaking published at 67 DCR 11091 (September 18, 2020). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 1605

15 DCMR § 1606 [RESERVED]

History

SOURCE: Final Rulemaking published at 31 DCR 6496 (December 21, 1984); as amended by Final Rulemaking published at 66 DCR 14436 (November 1, 2019). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 1606

15 DCMR § 1607 [RESERVED]

History

SOURCE: Final Rulemaking published at 31 DCR 6496 (December 21, 1984); as amended by Final Rulemaking published at 66 DCR 14436 (November 1, 2019). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 1607

15 DCMR § 1608 [RESERVED]

History

SOURCE: Final Rulemaking published at 31 DCR 6496 (December 21, 1984); as amended by Final Rulemaking published at 66 DCR 14436 (November 1, 2019). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 1608

15 DCMR § 1609 [RESERVED]

15 DCMR § 1610 [RESERVED]

15 DCMR § 1611 [RESERVED]

15 DCMR § 1612 [RESERVED]

15 DCMR § 1613 [RESERVED]

History

SOURCE: Final Rulemaking published at 33 DCR 5667 (September 12, 1986); as amended by Final Rulemaking published at 66 DCR 14436 (November 1, 2019). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 1613

15 DCMR § 1699 DEFINITIONS

1699.1 When used in this chapter, the following terms and phrases shall have the meaning ascribed:

Applicant – a public utility or any person, firm, copartnership, association, or corporation who files an Application.

Application – a filing by either a public utility or any person, firm, copartnership, association, or corporation interested in the use of a public utility’s Facilities.

Cable Operator – a person or group of persons: (A) who provides cable service over a cable system or over an open video system and directly or through one or more affiliates owns a significant interest in such cable system or open video system; or (B) who controls or is responsible for, through any arrangement, the management and operation of a cable system or open video system.

Commission – the Public Service Commission of the District of Columbia.

Complaint – a filing by either a Cable Operator or a public utility alleging that it has been denied access to a public utility’s poles, ducts, conduits or rights-of-way, or that a rate, term, or condition.

Facilities – tracks, conduits, subways, poles, wires, switchboards, exchanges, works, or other equipment.

Pole Attachment – any attachment by a Cable Operator to a pole, duct, conduit, or right-of-way owned or controlled by a public utility.

History

SOURCE: Final Rulemaking published at 31 DCR 6496 (December 21, 1984); as amended by Final Rulemaking published at 66 DCR 14436 (November 1, 2019). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 1699

15-17 COMMON CARRIERS OF PASSENGERS BY WATER

15 DCMR § 1700 APPLICABILITY

1700.1 This chapter shall be applicable to and govern all transportation for hire of persons by water-carriage on navigable water solely within the District of Columbia. The transportation shall include, but not be limited to, the following:

(a) Service for individuals;

(b) Service for groups; and

History

AUTHORITY: Unless otherwise noted, the authority for this chapter is Paragraph 97(b) of §8 of An Act Making appropriations to provide for the expenses of the District of Columbia for the fiscal year ending June thirtieth, nineteen hundred and fourteen, and for other purposes, approved March 4, 1913 (37 Stat. 977); as amended by §2 of the Public Utilities Amendment Act of 1989, D.C. Law 8-47, D.C. Code §43-501 (1981 Ed.).
SOURCE: Final Rulemaking published at 32 DCR 3455 (June 21, 1985).

15 DCMR § 1701 FILING REQUIREMENTS

1701.1 Every common carrier of passengers by water desiring to provide service as set forth in §1701 shall submit an original and twenty (20) copies of the following documents to the Public Service Commission:

(a) Information demonstrating the type or types of service to be offered to the public;

(b) The rates to be charged for the particular service;

(d) The name or names of the vessels providing the service and documents demonstrating that the United States Coast Guard has certified each vessel for passenger service;

(e) Documents to establish that the vessels will be operated by persons licensed by the United States Coast Guard; and

(f) Documents demonstrating that liability insurance is in effect with coverage sufficient to protect passengers, property and third persons not aboard the vessel.

1701.2 Upon the filing of the information required by §1702.1, the transportation service described in §1701.1 shall go into effect.

History

SOURCE: Final Rulemaking published at 32 DCR 3455 (June 21, 1985).

15 DCMR § 1702 JURISDICTION OF THE PUBLIC SERVICE COMMISSION

1702.1 The Public Service Commission shall retain jurisdiction over operations conducted under this chapter and may under its statutory authority, take the action it deems necessary to protect the public, or for any other reason consistent with its statutory mandate.

History

SOURCE: Final Rulemaking published at 32 DCR 3455, 3456 (June 21, 1985).

15-18 NON-RESIDENTIAL CUSTOMER'S RIGHTS

15 DCMR § 1800 NON-RESIDENTIAL CUSTOMER INQUIRIES AND COMPLAINTS

1800.1 A utility shall, in accordance with this section, establish procedures which will ensure the prompt, efficient, and thorough receipt, investigation, and where possible, resolution of all non-residential customer inquiries, service requests and complaints regarding commercial utility service and charges.

1800.2 Qualified utility personnel (customer service representatives) shall be available and prepared at all times during normal business hours to receive and discuss all non-residential customer inquiries, service requests and complaints.

1800.3 The utility shall make reasonable arrangements to ensure that foreign language-speaking service representatives are available for non-English-speaking customers.

1800.4 Utility supervisory personnel shall be available during normal business hours to discuss non-residential customer complaintswhich are not resolved through contact with customer service representatives.

1800.5 Qualified personnel shall be available during normal business hours to respond to customer calls regarding interruption or termination of service or emergency conditions.

1800.6 In every case of dispute between a non-residential customer and a utility, the first attempt at resolution shall be made directly between the parties.

1800.7 When a non-residential customer/utility dispute cannot be resolved between the parties, after the complaint has proceeded through the utility's resolution process, the utility shall refer the complainant to the Commission's Office of Consumer Services.

1800.8 When a non-residential customer contacts the Office of Consumer Services, the Office shall do the following:

(a) Answer inquiries regarding non-residential utility service and make information available concerning the procedures for resolving disputes;

(b) Assist in the informal resolution of non-residential customer complaints and disputes which have not been resolved under the utility's own procedures; and

(c) Adjudicate non-residential customer complaints concerning matters within the Commission's jurisdiction which cannot be resolved informally.

1800.9 Any present or prospective non-residential customer may file a complaint with the Commission regarding service, terms, and conditions of service, or a utility bill, within ninety (90) days from the date the utility refers the complainant to the Office of Consumer Services under §1800.7.

1800.10 In all cases where the complaint has not proceeded through the utility's resolution process, the matter shall be referred to the utility for an attempt at direct resolution. The utility shall report the results of such referrals to the Office of Consumer Services within fourteen (14) calendar days of the referral.

1800.11 If the complaint has not been resolved by the customer and the utility, the Office of Consumer Services shall review the efforts made by the utility to resolve the complaint and make a further effort through mediation to resolve it informally. This additional resolution effort shall not exceed five (5) business days.

1800.12 If the complaint is not resolved informally, either by the utility's complaint process or by the Office of Consumer Services' efforts, upon request by the customer, the matter shall be set for informal hearing.

1800.13 The non-residential customer shall have fourteen (14) days after the mediation process to request an informal hearing.

History

AUTHORITY: Unless otherwise noted, the authority for this chapter is Paragraph 97(b) of §8 of An Act Making appropriations to provide for the expenses of the District of Columbia for the fiscal year ending June thirtieth, nineteen hundred and fourteen, and for other purposes, approved March 4, 1913 (37 Stat. 977); as amended by §2 of the Public Utilities Amendment Act of 1989, D.C. Law 8-47, D.C. Code §43-501 (1981 Ed.).
SOURCE: Final Rulemaking published at 33 DCR 1925 (March 28, 1986).

15 DCMR § 1801 NON-RESIDENTIAL COMPLAINT HEARING PROCEDURES

1801.1 A hearing, where necessary, shall commence within twenty (20) days of the formal request for hearing. Except in special cases, hearings shall be conducted during business hours of the Commission. The Commission shall designate a hearing officer, who shall not have investigated the complaint.

1801.2 The Office of Consumer Services shall provide notice of hearing by personal delivery or by first class mail to the complainant, to any affected guarantor, and to the utility. The notice shall include a copy of the customer's written complaint. The notice shall also state the potential consequences of failure to appear for a hearing.

1801.3 Service shall be made at least ten (10) days prior to the hearing date unless the parties agree on a shorter time. When service is by mail, the service date is the date of mailing and service shall be made at least ten (10) days prior to the hearing date.

1801.4 The hearing officer may reschedule any hearing for good cause shown, or, upon notice and for good cause shown, at the request of any party.

1801.5 In the event the complainant fails to attend a scheduled hearing without good cause, the hearing officer may dismiss the complaint (with or without prejudice at the discretion of the hearing officer), hear evidence and render a decision, or reschedule the hearing within ten (10) days.

1801.6 In the event a utility fails to attend a scheduled hearing without good cause, the hearing officer may hear evidence and render a decision.

1801.7 In the event a guarantor fails to attend a scheduled hearing without good cause, he or she shall be precluded from contesting any matter which was raised at the hearing, or may have been raised at the hearing.

1801.8 Upon a reasonable request from each other or the Office of Consumer Services, the parties shall timely provide all information they have relevant to the matters at issue in the complaint, including relevant documents, account data, files and the names of witnesses.

1801.9 Parties may examine any public records of the Commission.

1801.10 Parties may represent themselves or be represented by counsel or any other person who may represent a party under §110 of Chapter 1 of this title; Provided, that any individual appearing before the hearing officer in a representative capacity may be required to establish authority to act in that capacity.

1801.11 Parties shall have the right to present evidence, call witnesses, and present written and oral argument. When directed by the hearing officer, parties shall file briefs no later than fifteen (15) days after the close of the hearings.

1801.12 Witnesses shall testify under oath, and the parties and the hearing officer shall have the right to examine and cross-examine all witnesses.

1801.13 The hearing officer shall have the discretion to limit any line of questioning to what may be required for a full and true disclosure of the facts and to limit the time for argument.

1801.14 Unless otherwise ordered by the hearing officer, the complainant's witnesses shall testify first, followed by the utility's witnesses. A reasonable opportunity will be afforded all parties to present rebuttal evidence.

1801.15 After the parties have completed their presentation of evidence, the hearing officer may call upon any witness for testimony upon any issue.

1801.16 The hearing officer shall be obligated to ensure that all material facts are developed to the fullest extent consistent with his or her responsibility to preside impartially over the hearing.

1801.17 The formal rules of evidence shall not apply, but the hearing officer shall exclude irrelevant or unduly repetitious evidence.

1801.18 Parties may stipulate to any facts and such stipulation may be put in evidence.

1801.19 All proceedings shall be recorded. The transcriptions shall promptly be made available to any party upon request, at the party's expense. Every Commission prepared transcript shall be certified by the hearing officer. Any party may, at its expense, provide for transcription of the proceedings by a certified court reporter in place of recording, in which case, that transcription shall be the official record.

History

SOURCE: Final Rulemaking published at 33 DCR 1925, 1927 (March 28, 1986).

15 DCMR § 1802 DECISIONS AND APPEALS

1802.1 Within twenty (20) days after the close of the hearing, the hearing officer shall issue a written decision which states the issues, summarizes the evidence and makes findings of fact, conclusions of law, and a proposed disposition of the matter.

1802.2 In cases involving billing disputes in which the hearing officer has concluded that all or part of the amount in dispute is owed, the hearing officer may, for good cause stated in the decision, direct that the amount found outstanding be paid in installments.

1802.3 Copies of the hearing officer's decision shall be served upon the parties either personally or by regular mail on the day the decision is issued together with instructions on how to appeal the decision to the Commission and indicating the last date the appeal may be filed.

1802.4 The decision of the hearing officer shall be final, if there is no appeal to the Commission within the time specified.

1802.5 Any party may appeal the hearing officer's decision to the Commission within thirty (30) days of personal service and thirty-five (35) days of service by mail of the decision.

1802.6 The appeal shall be signed by the party, identify the decision appealed from, and specify the grounds on which it is based.

1802.7 The Commission's Secretary shall serve a copy of any appeal filed upon the opposing party on the day it is filed. Service may be made personally or by first class mail.

1802.8 The opposing party's response or counter-appeal shall be filed within ten (10) days of personal service and fifteen (15) days of service by mail.

1802.9 Within twenty (20) days of the filing an appeal, the record shall be prepared for review by the Commission.

1802.10 The Commission shall review the decision within sixty (60) days after the record is prepared.

1802.11 Upon review of the record, and after giving consideration to the matters raised on appeal, the Commission shall do one of the following:

(a) Adopt the decision of the hearing officer;

(b) Issue a Commission decision;

(d) Schedule the matter for hearing or argument before the Commission.

1802.12 Review of a final Commission decision shall be pursuant to D.C. Code §§43-904, 43-905 (1981 Ed.).

History

SOURCE: Final Rulemaking published at 33 DCR 1925, 1929 (March 28, 1986).

15 DCMR § 1803 WAIVER

1803.1 The Commission may upon request, or on its own initiative after notice to the parties of its intention do so, waive any provision of this chapter for good cause.

History

SOURCE: Final Rulemaking published at 67 DCR 11091 (September 18, 2020). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 1803

15 DCMR § 1899 DEFINITIONS

1899.1 When used in this chapter, the following terms and phrases shall have the meaning ascribed:

Commercial Customer - a non-residential customer of a utility. Non-residential customers shall include electric customers served from the master-metered apartment tariff.

Complainant - a non-residential customer who files a complaint regarding utility service with a utility or the Public Service Commission of the District of Columbia.

Office of Consumer Services - that division within the Public Service Commission of the District of Columbia which has been designated to handle customer complaints against utilities in accordance with this chapter.

History

SOURCE: Final Rulemaking published at 33 DCR 1925, 1934 (March 28, 1986).

15-20 OFFICE OF THE PEOPLE'S COUNSEL AGENCY FUND

15 DCMR § 2000 GENERAL PROVISIONS

2000.1 The purpose of this chapter shall be to implement the Utility Regulatory Assessment Clarification Act of 1984, D.C. Law 5-153, as required by §3(e)(5), by providing procedural and substantive rules governing determinations by the Office of the People's Council (the "Office") of the need for deposits to the People's Counsel Agency Fund ("Agency Fund") and requests for the issuance of special franchise tax deposit orders by the Public Service Commission (the "Commission") pursuant to D.C. Code §43-612(a)(5) (1981 Ed.).

2000.2 This chapter shall provide for full disclosure of any determination and deposit order request by the Office prior to the issuance of an Order by the Commission directing a public utility to deposit funds into the Agency Fund.

2000.3 This chapter shall govern the procedures by which the Office shall determine reasonable and necessary expenditures for a proceeding as set for in D.C. Law 5-153, for purposes of requesting a Commission order directing a deposit into the Agency Fund by an affected utility to pay the expenses associated with such determined needs.

2000.4 For the purposes of D.C. Law 5-153 and except as provided in §2000.6 of this chapter, the People's Counsel is the person authorized to determine the resource requirements of the Office, and to issue a Notice of Agency Fund Requirements and proposed order to the Commission on behalf of the Office.

2000.5 In the absence of the People's Counsel, the Deputy People's Counsel is authorized to perform any function or duty prescribed in this chapter to be performed by the People's Counsel, except whenever the Deputy People's Counsel has served, or is serving, as Case Manager with respect to the matter which is the subject of the Notice of Agency Fund Requirements.

2000.6 Functions or duties prescribed in this chapter to be performed by the Agency Administrator or the Case Manager may be delegated to their respective subordinate employees with the written approval of the People's Counsel.

History

AUTHORITY: Unless otherwise noted, the authority for this chapter is Paragraph 42(a)(1) of An Act Making appropriations to provide for the expenses of the District of Columbia for the fiscal year ending June thirtieth, nineteen hundred and fourteen and for other purposes, approved March 4, 1913; as amended by §3 of the Utility Regulatory Assessment Clarification Act of 1984, D.C. Law 5-153, D.C. Code §43-612 (1981 Ed.).
SOURCE: Final Rulemaking published at 32 DCR 5615 (October 4, 1985).

15 DCMR § 2001 DETERMINATION OF REASONABLE AND NECESSARY EXPENDITURES

2001.1 When any proceeding is initiated, the Office shall, from time to time and prior to issuing a Notice of Agency Fund Requirements to the Commission, determine the reasonable and necessary expenditures required to fully carry out its statutory duties, consistent with the procedures set forth in this chapter.

2001.2 The Case Manager shall identify and define the need for resources, and in so doing shall take into account the following factors:

(a) The nature of the proceeding;

(b) The number, scope, and complexity of the issues;

(d) Time limitations imposed by the client or the circumstances;

(e) The expertise, reputation, and ability of the contractor;

(f) The quality of the contractor's work;

(g) The customary expenditures required for services in comparable proceedings;

(h) The potential effect of the proceeding on District ratepayers in terms of cost, regulatory policy, socioeconomic impact, or precedent;

(i) The existence of other pending litigation and other proceedings which may have a direct or indirect impact on the proceeding in question; and

(j) Any other factors which reasonably affect the resources required.

2001.3 Whenever the Case Manager concludes that resources are required that necessitate the preparation of a recommended determination of Agency Fund requirements, he or she shall submit to the Agency Administrator a written statement of need which shall be made a part of the official record and which shall include the following information:

(a) The number and type of contractors needed;

(b) The names of the contractors required, noting the category of services to be prodded and the matters to be addressed by each contractor; and

2001.4 Whenever the Agency Administrator receives a written statement of need from the Case Manager under §2001.3, the Agency Administrator shall prepare a recommended determination of Agency Fund requirements and a proposed Commission order based upon the resource requirements identified and defined by the Case Manager, including the following:

(a) The amount sought from the affected utility and the date(s) on which payment is requested to be made by the utility;

(b) The name of each contractor to be hired, accompanied by a brief description of their qualifications;

(1) A brief description of the work to be performed and the matters assigned;

(2) The number of persons employed under the contract by each contractor and the hourly rate to be charged by such persons; and

(3) The actual or estimated contract ceiling of each contract; and

(d) A statement based upon the narrative submitted by the Case Manager under §2001.3(c) justifying the necessity and reasonableness of the expenditures.

2001.5 Prior to submitting a recommended determination and proposed order to the People's Counsel, the Agency Administrator shall do the following:

(a) Hand-deliver a copy of all the materials listed in §2001.4 to the affected utility for review and comment; and

(b) Respond to any formal opposition in writing by either modifying the recommended determination and proposed order, or setting forth with particularity the reasons for denying or rejecting the opposition raised.

2001.6 Whenever an affected utility does not file a timely opposition, the Agency Administrator shall forward the recommended determination and proposed order, a draft cover letter to the Commission, and the official written record to the People's Counsel within six (6) business days of the date on which the determination was submitted to the affected utility.

2001.7 Whenever the affected utility does file a timely opposition, the Agency Administrator shall forward the recommended determination and the official record to the People's Counsel within nine (9) business days of the date on which the recommended determination was submitted to the affected utility.

2001.8 The Agency Administrator shall, upon submission of a recommended determination to the People's Counsel, certify as to the accuracy and completeness of the record submitted.

2001.9 The Agency Administrator shall, on the same date, provide to the affected utility the recommended determination which was submitted to the People's Counsel.

History

SOURCE: Final Rulemaking published at 32 DCR 5616 (October 4, 1985).

15 DCMR § 2002 UTILITY OPPOSITION

2002.1 Any affected utility shall have five (5) business days, exclusive of the date on which the material is received, within which to file an opposition or comments to the recommended determination and proposed order provided by the Agency Administrator.

2002.2 Comments or oppositions shall be in writing and may be based on, but are not limited to, the following grounds:

(a) Whether the rate of compensation for any contractor is unreasonable;

(b) Whether the work to be performed by any contractor is not reasonably connected to the proceeding; and

2002.3 No opposition shall be considered if it serves merely to substitute the judgment of the affected utility for that of the Office with regard to the matter in question or the litigation strategy of the Office.

2002.4 The affected utility shall have the burden of demonstrating the validity of any opposition raised.

2002.5 Any opposition timely filed by an affected utility shall be made part of the official record.

History

SOURCE: Final Rulemaking published at 32 DCR 5619 (October 4, 1985).

15 DCMR § 2003 DETERMINATION OF AGENCY FUND REQUIREMENTS

2003.1 Whenever the People's Counsel receives a recommended determination and proposed order from the Agency Administrator, the People's Counsel shall determine the reasonable and necessary expenditures of the Office based on the official record by approving or modifying the recommended determination or shall remand the recommended determination and record to the Agency Administrator with specific instructions.

2003.2 In determining the reasonable and necessary expenditures of the Office, the People's Counsel shall do the following:

(a) Indicate the basis for the determination reached;

(b) Make specific findings as to any unresolved opposition filed by an affected utility; and

2003.3 Any determination of Agency Fund Requirements shall be submitted in writing, and shall set forth the following:

(a) The reasonable and necessary expenditures of the Office requiring the issuance of a Commission order directing a deposit into the Agency Fund;

(b) Be supported by substantial evidence in the official record; and

2003.4 Whenever the People's Counsel issues a Notice of Agency Fund Requirements, he or she shall submit it with the proposed order as an official record to the Commission for issuance of an order, and on the same date, hand-deliver to the affected utility a copy of the determination, the proposed order, and an index of the official record.

2003.5 A Notice of Agency Fund Requirements and proposed order shall be submitted to the Commission prior to the expiration of the period for filing an appeal or petition for reconsideration of a final order or decision in the proceeding.

History

SOURCE: Final Rulemaking published at 32 DCR 5619 (October 4, 1985).

15 DCMR § 2004 OFFICIAL RECORD CONTENTS

2004.1 The official record compiled by the Office shall include the Case Manager's written statement of need, the Agency Administrator's recommended determination as submitted to the affected utility, written oppositions or comments submitted by any affected utility in response to the recommended determination, the determination by People's Counsel, the proposed order, and any other documents submitted to the Commission relating to the Notice of Agency Fund Requirements.

History

SOURCE: Final Rulemaking published at 32 DCR 5620 (October 4, 1985).

15 DCMR § 2005 [RESERVED]

15 DCMR § 2006 [RESERVED]

15 DCMR § 2007 [RESERVED]

15 DCMR § 2008 [RESERVED]

15 DCMR § 2009 [RESERVED]

15 DCMR § 2010 DISCLOSURE OF AGENCY FUND DEPOSIT REQUEST DATA

2010.1 Within two (2) business days from the day on which it is issued, the Agency Administrator shall provide for public review at least two (2) copies of any Notice of Agency Fund Requirements issued by the People's Counsel to the Commission. Each determination shall be accompanied by the respective deposit request.

2010.2 The Agency Administrator shall maintain for public review two (2) copies of all determinations by the People's Counsel which result in deposit requests being submitted to the Commission. The determinations shall be maintained chronologically in two (2) separate files, one (1) file by docket number, and one (1) file by affected utility.

2010.3 The Agency Administrator shall, upon request, provide copies (at cost) of any determinations by the People's Counsel that result in deposit requests; however, no copies will be mailed unless a stamped and self-addressed envelope is provided by the requesting party, or unless as otherwise provided herein.

2010.4 The Administrator shall compile and submit any reports required pursuant to D.C. Law 5-153.

History

SOURCE: Final Rulemaking published at 32 DCR 5621 (October 4, 1985).

15 DCMR § 2098 WAIVER

2098.1 The Commission may upon request, or on its own initiative after notice to the parties of its intention do so, waive any provision of this chapter for good cause.

History

SOURCE: Final Rulemaking published at 67 DCR 11091 (September 18, 2020). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 2098

15 DCMR § 2099 DEFINITIONS

2099.1 When used in this chapter, the following terms and phrases shall have the meaning ascribed:

Affected Utility - any utility, regulated by the Commission, which is a party to or participates in any proceeding.

Contractor or Independent Contractor - any person or business entity (including attorneys, expert witnesses, technical consultants, and corporations or other professional associations comprised of such professionals) which provides service to the Office, excluding any salaried staff of the Office.

Expense - any cost reasonably associated with the performance of the Office's statutory obligation (as these functions are set forth in D.C. Law 5-153) arising from any proceeding, and all costs of any litigation, including appeals, arising from such activities, or from any other order or action of the Commission. These covered costs include, but are not limited to, the cost of contractors or independent contractors.

Proceeding - any administrative action, process, adjudication, or investigation pending before, or initiated by, the Commission, any litigation including appeals arising therefrom, or any activity of the Office arising from any other order or action of the Commission pursuant to the functions and obligations set forth in D.C. Law 5-153.

History

SOURCE: Final Rulemaking published at 32 DCR 5621 (October 4, 1985).

15-21 PROVISIONS FOR CONSTRUCTION OF ELECTRIC GENERATING FACILITES AND TRANSMISSION LINES

15 DCMR § 2100 APPLICABILITY

2100.1 This Chapter shall govern the construction of electric generating facilities, overhead transmission lines designed to carry sixty-nine thousand (69,000) volts or more, underground transmission lines in excess of sixty-nine thousand (69,000) volts as well as any substations connected to such lines.

History

Authority: D.C. Code, 2001 Ed. §§ 34 - 301, 34 -302, and 34 -1516. 2100.2 No person shall construct an electric generating facility in the District of Columbia for the purpose of selling electricity unless the Commission first determines, after notice and a hearing that the construction of the facility is in the public interest. Nor shall any person construct an overhead transmission line designed to carry sixty-nine thousand (69,000) volts or greater, or substation connected to such line, unless the project has been approved in accordance with this Chapter. Unless specifically required by law or other provision of this Chapter, Commission approval shall not be required for the routine repair and replacement activities necessary to maintain an electric generating facility or transmission line. 2100.3 Any person doing business in the District of Columbia who plans to construct a generating station or an overhead transmission line designed to carry sixty-nine thousand (69,000) volts or greater in a state contiguous to the District of Columbia for which a Certificate of Public Convenience and Necessity is required by the state shall file with the Commission formal notice of this construction. This formal notice shall include the following information: (a) A general description of the generating facility or transmission lines; (b) A statement indicating the capacity or voltage involved; (c) A statement describing the site selected to construct the generating station or the area in which the transmission line would be located; (d) A statement indicating any alternative sites which have been considered; (e) An estimation of the cost involved; (f) An estimated in-service date; and (g) A statement indicating with which state or federal agency, commission, or department, if any, an application for approval of construction has been or is intended to be filed. 2100.4 The formal notice required under § 2100.3, shall be filed with the Commission on or before the date that the electric corporation files any application for approval of construction with a state or federal agency, commission or department.
AUTHORITY: D.C. Code, 2001 Ed. §§ 34-301, 34-302, and 34-1516.
SOURCE: Final Rulemaking published at 40 DCR 8359 (December 3, 1993); as amended by Final Rulemaking published at 42 DCR 610 (January 27, 1995); as amended by Final Rulemaking published at 51 DCR 8637 (September 3, 2004).

15 DCMR § 2101 APPLICATION FILING REQUIREMENTS

2101.1 An application for approval of the construction of a generating facility, transmission line or substation covered under this Chapter shall include the following information:

(a) The name and address of the principal place of business of the applicant;

(b) The name, title, and address of the person authorized to receive notices and communications with respect to the application;

(d) A list of each District of Columbia, state, or federal government agency having authority to approve or disapprove the construction or operation of the project and containing the following:

(1) A statement indicating whether the necessary approval from each agency has been obtained, with a copy of each approval or disapproval attached;

(2) A statement indicating the circumstances under which any necessary approval has not been obtained; and

(3) A statement indicating whether any waiver or variance has been requested, with a copy of each approval or disapproval attached.

(e) A general description of the generating station under § 2102, or the transmission line under § 2104, and the alternatives considered under §§ 2103 and 2104, respectively;

(f) The environmental information required under § 2108;

(g) A statement of the engineering justifications for the project;

(h) A statement of the safety considerations incorporated into the design, construction, and maintenance of the project;

(i) A statement of the socioeconomic impact of the project;

(j) A statement of contacts with community groups and the affected community;

(k) A statement that the applicant has complied with all applicable environmental and zoning laws; and

(l) A statement that the applicant has complied or will comply with the applicable PJM Interconnection, L.L.C. (PJM) tariff and requirements for the interconnection of new and expanded electric generating facilities within the PJM transmission system.

2101.2 The original application shall be:

(a) Signed by a person having authority with respect to the application and having knowledge of the application; and

(b) Verified under oath.

2101.3 All filings shall conform to the requirements of 15 DCMR Chapter 1. The Commission may, in its discretion, prescribe the form of the application.

2101.4 In addition to filing the application with the Commission, the applicant shall simultaneously serve one copy on the following agencies:

(a) The District of Columbia Office of the People's Counsel;

(b) The District of Columbia Department of Transportation;

(d) The Board of Zoning Adjustment;

(e) The Office of Intergovernmental Relations;

(f) The District of Columbia Energy Office;

(g) The Metropolitan Washington Council of Governments, if affected;

(h) The District of Columbia Zoning Commission;

(i) The District of Columbia Office of Property Management;

(j) The General Services Administration of the United States;

(k) The Department of Consumer and Regulatory Affairs;

(l) The Mayor's Office of Policy and Education;

(m) The U.S. Environmental Protection Agency-D.C. Field Office;

(n) The National Capital Planning Commission

(o) The District of Columbia Department of Health; and

(o) PEPCO, if PEPCO is not the applicant.

(p) The Advisory Neighborhood Commission(s) in which the generating facility or transmission line will be located.

2101.5 The applicant shall also serve a copy of the application on any other District of Columbia or federal agency that may be affected.

2101.6 The Commission shall publish notice of the application on its website.

2101.7 Failure to comply with the provisions of this section may result in the summary rejection of the application.

History

SOURCE: Final Rulemaking published at 40 DCR 8359, 8361 (December 3, 1993); as amended by Final Rulemaking published at 51 DCR 8639 (September 3, 2004).

15 DCMR § 2102 DESCRIPTION OF GENERATING FACILITY

2102.1 The description of the generating facility shall include the following:

(a) Location;

(b) All important design and engineering features, including fuel requirements, heat rates, emission rates, space requirements, transportation facilities, water requirements and transmission requirements;

(d) The schedule for engineering, construction, and operation of the generating stations;

(e) The impact of the proposed generating station on system operations, reliability, reserve margins, and capacity factors;

(f) A statement of the reasons for the selection of the design and the site of the generating facility, including the location and identification of the following sites from which the project would be clearly visible:

(1) Residential structures;

(2) Historical structure and land sites;

(3) Institutional land, including school hospitals, and pre-school facilities;

(4) Recreational area;

(5) Aesthetic;

(6) Archaeological;

(7) Wildlife management area; and

(8) Park or forest.

History

SOURCE: Final Rulemaking published at 40 DCR 8359, 8363 (December 3, 1993); as amended by Final Rulemaking published at 51 DCR 8641 (September 3, 2004).

15 DCMR § 2103 ALTERNATIVE GENERATING FACILITY

2103.1 The description of each alternative design or site considered for a generating facility shall include the following:

The reasons for rejecting each alternative design or site.

History

SOURCE: Final Rulemaking published at 40 DCR 8359, 8363 (December 3, 1993); as amended by Final Rulemaking published at 51 DCR 8642 (September 3, 2004).

15 DCMR § 2104 DESCRIPTION OF OVERHEAD TRANSMISSION LINE

2104.1 The description of a proposed overhead transmission line shall include the following:

(a) A statement of the effect the project will have on system stability and reliability;

(b) A statement of the consequences that will or may occur if the project is delayed or not approved;

(d) A description of the applicant's transmission planning criteria; and

(e) A description of one-line diagrams regarding the power flows relied upon which determined the need for the proposed line.

2104.2 The description of the proposed transmission line shall also include, to the extent feasible at the time of application:

(a) Engineering and construction features including the following:

(1) Width, length, and total acreage of the right-of-way,

(2) Line voltage;

(3) Number of circuits;

(4) Number of circuits per structure;

(5) Structure type and dimensions;

(6) Conductor configuration and size;

(7) Nominal capacity (MVA);

(8) Nominal length of span between structures; and

(9) Description and dimensions of any related conduit.

(b) Property or property right acquired or to be acquired;

(d) Location and identification of the following sites, from which the project would be clearly visible:

(1) Historical;

(2) Institutional land, including schools, hospitals, and pre-school facilities;

(3) Recreational area;

(4) Aesthetic;

(5) Archaeological;

(6) Wildlife management area;

(7) Park or forest; and

(8) Residential.

(e) Location and identification of all portions or the right-of-way requiring construction within the one hundred (100) year floodplain of any stream;

(f) Location and identification of any public airport one mile (1) or less from the transmission line; and

(g) Depiction on a suitable topographic map (minimum one inch (1)- two thousand feet (2,000 ft.)) of the information required under § 2104.2(b)-(f).

History

SOURCE: Final Rulemaking published at 40 DCR 8359, 8364 (December 3, 1993); as amended by Final Rulemaking published at 51 DCR 8642 (September 3, 2004).

15 DCMR § 2105 ALTERNATIVE OVERHEAD TRANSMISSION LINE ROUTES

2105.1 The description of each alternative route considered for the transmission line shall include the following:

(a) An estimate of the capital and annual operating cost of each alternative route; and

(b) A statement of the reason why each alternative route was rejected.

History

SOURCE: Final Rulemaking published at 51 DCR 8643 (September 3, 2004).

15 DCMR § 2106 PROJECT COORDINATING COMMITTEE

2106.1 Once an application has been properly filed, the applicant may request the formation of a project coordinating committee. If the request is approved, the Committee shall consist of the following members:

(a) A chairperson, who shall be designated by the Commission;

(b) A representative of the applicant;

(c) A representative from the Office of the People's Counsel, if a notice of intent to participate on the committee is filed within ten (10) days of the date of the filing of a request to form a project coordinating committee;

(d) A representative from each District of Columbia agency that has as follows:

(1) Authority to issue a license, permit, or authorization before the construction or operation of the project; or

(2) A direct interest in the project.

(e) Pepco, if Pepco is not the applicant.

(f) A representative designated by the Executive Office of the Mayor; and

(g) A representative of any federal agency or independent system operator that, in the Commission's view, has an interest in the project.

2106.2 The committee shall develop a coordinated time schedule for the review of the application by each committee member's agency or company and oversee the preparation of any environmental impact statement required by D.C. Code, 2001 Ed. §§ 8-109.01 to 8-109.11. Additionally, the committee shall provide the Commission with the following:

(a) A list of proposed issues to be addressed in an application;

(b) A list of any proposed analyses or studies regarding the proposed construction;

(d) Recommendations concerning compliance with the requirements of each committee member's agency; and

(e) Any other information that the committee believes would be relevant.

2106.3 The committee is advisory in nature and shall not have authority to do the following:

(a) Approve or disapprove an application;

(b) Approve or disapprove proposed studies of the applicant;

(d) Require or prohibit any expenditure by a committee member.

History

SOURCE: Final Rulemaking published at 51 DCR 8644 (September 3, 2004).

15 DCMR § 2107 COMMUNITY ADVISORY GROUP

2107.1 In order to inform and educate the community regarding the construction and operation of any proposed project, the applicant shall convene a community advisory group.

2107.2 The applicant shall notify the public of the opportunity to participate in the community advisory group by providing written notice to the Advisory Neighborhood Commission(s) in which the facility or transmission line is to be located. In addition, the Commission shall post the applicant's notice on the Commission's website.

2107.3 The membership of the community advisory group shall include the following representatives:

(a) The applicant;

(b) Commission staff, which shall chair all meetings of the group;

(d) Interested members of the public; and

(e) Any other persons the Commission deems appropriate.

2107.4 The advisory group shall convene public meetings and disseminate information to the community regarding the construction and operation of the proposed project.

2107.5 The advisory group shall not be authorized to take any specific action with respect to the construction or operation of the proposed project.

History

SOURCE: Final Rulemaking published at 51 DCR 8644 (September 3, 2004).

15 DCMR § 2108 ENVIRONMENTAL IMPACT STATEMENT

2108.1 The applicant shall submit an Environmental Impact Statement ("EIS"). At a minimum, the EIS shall evaluate the following potential environmental impacts:

(a) Air quality, National Ambient Air Quality Standards ("NAAQS"). The analysis of air quality shall include an analysis of the following six (6) criteria pollutants in the context of NAAQS:

(1) Sulfur dioxide;

(2) Nitrogen oxides;

(3) Carbon monoxide;

(4) Particulate matter (PM 2.5 and PM10);

(5) Ozone; and

(6) Lead.

(b) Air Quality, other emissions: The analysis of air quality shall include all other emissions regulated for the utility industry under the Federal Clean Air Act;

(1) Water availability; and

(2) Water quality, including discharge, storm water runoff, and potential spill events.

(d) Land use, socioeconomic, and aesthetic conditions: The analysis of these items shall evaluate, at a minimum, the following:

(1) Appropriate zoning and compatibility with adjacent land use;

(2) Impact on traffic;

(3) Impact on cultural and historical resources; and

(4) Visibility impacts in terms of air pollution effects and aesthetics.

(e) Noise conditions: The analysis of noise shall include the following:

(1) A complete review of standards that will be met;

(2) The points of measurement for noise impacts;

(3) A comparison of the impact of the action to common outdoor sounds at that location; and

(4) A complete explanation of the methodology used for the noise impact measurements.

(f) Aquatic and terrestrial ecology resources: The analysis of aquatic and terrestrial ecology shall evaluate the impact upon the following:

(1) Fish;

(2) Wildlife;

(3) Vegetation; and

(4) Direct discharges into surface waters and impact on wetland habitats; and

(g) Electric and magnetic fields (EMF): Until applicable laws governing EMF are enacted, the applicant shall submit the following information:

(1) An update of the general research on the health effects of EMF;

(2) The relationship of the proposed action to the increase or decrease of EMF, including any mitigating measures that could be employed to decrease EMF;

(3) The applicant's efforts to measure and better understand background EMF in the communities affected by the proposed action; and

(4) If and when laws are enacted, then the EIS shall demonstrate compliance with all applicable laws.

2108.2 Applicants seeking to construct a generating facility shall demonstrate the manner in which it will achieve compliance with the acid rain provisions of the Federal Clean Air Act as well as regional emissions cap and trade programs. Until specific law is enacted regarding the emission of greenhouse gases, the applicant shall also report the greenhouse gas emissions for the proposed action, address the cost of possible mitigation of such gases through control or compensation, and state whether and to what extent the expected emissions are within the limits established by any applicable laws or regulations.

2108.3 Impacts of the items set forth in § 2108.1 shall be analyzed for all components at all stages of project life including the following:

(a) Construction;

(b) Operation; and

2108.4 The analysis of each of the items set forth in § 2108.1 shall include the following information:

(a) A list of applicable regulations. The list shall identify the component of the proposed facility affected, the official designation of the regulation, and the agency responsible for enforcing the regulation;

(b) An analysis of the environmental impacts resulting from current site use (or base line conditions if there is no existing facility at the site);

(d) A demonstration that the parties proposing the action, and those that will implement the action, have the qualifications to design, build, operate, and retire any planned facility.

2108.5 The applicant shall provide an analysis of the mitigation and externalities for the potential environmental impacts set forth in § 2108.1. For each impact the explanation shall include the following information:

(a) A statement demonstrating that the proposed action will comply with all regulations applicable to the design, construction, operation and retirement of the proposed electric generating or transmission facility;

(b) An analysis of the requirements that must be met to comply with the applicable regulations; and

2108.6 The applicant shall indicate any steps taken, or to be taken, to mitigate the environmental impacts of the proposed action. These include steps taken either to comply with applicable regulations or to mitigate beyond the level required by regulations. Mitigation may include avoiding an impact altogether, minimizing an impact by limiting the scale of the action, rectifying an impact, reducing an impact through the addition of equipment or limitations on operations, or compensating for the impact. Any and all studies on mitigation must be made available as part of the EIS submission.

2108.7 In the context of all applicable regulations, the EIS shall discuss whether there are any adverse effects from externalities on the public health, welfare, and safety of the citizens of the District of Columbia.

2108.8 The EIS shall include evaluations of the full range of alternatives to the proposed action. The evaluation shall include, but is not limited to, a comparison of the environmental consequences of the alternative to that for the proposed action. The evaluation shall state the reasons the alternative was rejected in favor of the proposed action. At a minimum, the evaluation shall include the following alternatives:

(a) Alternative sites for the proposed action, including the alternative of building a stand-alone power plant inside or outside the District. For transmission lines, alternative routes are the alternative sites that must be evaluated;

(b) Alternative technologies for the proposed action, including supply-side and demand-side alternatives; and

(1) Alternative designs;

(2) Equipment configurations; and

(3) Operating plans.

2108.9 The EIS shall include a statement as to whether the proposed action involves any irreversible and irretrievable commitment of resources.

Examples include the following:

(a) A commitment to use fossil fuels; and

(b) The use of previously undeveloped land for a power plant site or a transmission line right of way.

2108.10 The EIS shall include an analysis indicating whether the proposed action results in a net environmental benefit. Both direct and indirect environmental impacts may be used in the demonstration. For direct environmental impacts, the most acceptable demonstration is that the proposed action, as compared to the current situation, actually leads to a reduction in environmental impacts. For indirect impacts, the EIS may demonstrate that environmental impacts are reduced for some other activity beyond the scope of the proposed action.

Examples of an analysis of net indirect environmental benefits include the following:

(a) The purchase of air pollution offsets at another existing facility in the District of Columbia so that the proposed action results in a net reduction in the District of Columbia of some air pollutants; and

(b) The proposed facility providing fuel for electric or gas vehicles which, as compared to conventional vehicles, emit less air pollution; the net environmental impact would then be in the form of the reduction of air pollution emissions by displacing conventional vehicles with low-pollution vehicles.

2108.11 The applicant shall submit an analysis of the cumulative risk of adverse health effects which includes the following:

(a) Hazard Assessment: The hazard assessment identifies the pollutants that cause health risk concerns. The types of health risks that must be analyzed include the following:

(1) Cancer risks;

(2) Chronic non-cancer risks; and

(3) Acute non-cancer risks.

(b) Exposure Assessment: The exposure assessment identifies the population at risk and the extent of exposure. Conservative assumptions shall be used in the exposure assessment. Exposure via multiple pathways shall include the following:

(1) Inhalation;

(2) Ingestion; and

(3) Dermal contact.

(c) Risk Computation: The risk computation shall set the criteria by which risks will be judged. When technology-based or health-based standards are available from the District of Columbia or the federal government, then those standards set the criteria to be used in the risk computation. For cancer health risks, the applicant shall analyze the computed risk for cancer related health risks, against both a one in one hundred thousand and a one in one million standard;

(d) Cumulative Risk Computation: The applicant shall explain and justify the extent to which risks reflect any possible interaction of one pollutant with another or the possible accumulation of pollutants from the proposed action with existing sources of pollutants. At a minimum, the applicant shall accumulate the lifetime health risk by pathway for the most exposed individual for pollutants attributable to all facilities affected by the proposed action when operated to the maximum extent possible. The applicant shall inform the Commission with respect to any interaction with existing environmental impacts (or baseline conditions) which would aggravate or diminish the incremental environmental impact of the proposed action; and

(e) Uncertainty Assessment: The conservatism of the assumptions used in paragraphs (a) through (d) of this subsection shall be fully explained and justified.

2108.12 In addition to the EIS submitted by the applicant, the Commission may employ, and other interested persons may retain, an independent technical agent to conduct an EIS. The independent technical agent shall perform the same analysis required of the applicant.

2108.13 The applicant shall submit the following information, at a minimum, to describe the current situation:

(a) A technical description of the current use of the proposed site;

(b) Annual and monthly hours of operation over the five (5) year period preceding the date of application;

(c) An explanation of any atypical or poor operating experience over the five (5) year period preceding the date of application. Included in any submission shall be an assessment of the possible consequences of atypical or poor operating experience in the future;

(d) An analysis of the environmental impacts listed in § 2108.1, including all environmental test results used to measure those impacts over the five (5) year period preceding the date of application;

(e) The applicant shall document that the environmental impacts resulting from the current situation comply with all applicable environmental regulations; and if not, what efforts will be made to ensure compliance; and

(f) Any other information relevant to the characteristics of the current situation.

2108.14 The applicant shall submit the following information regarding the proposed action:

(a) A technically complete and detailed description of the proposed action that shall include, at a minimum, the following:

(1) A description of the core facility; and

(2) All ancillary facilities, including on-site fuel and other material storage and cooling towers, as well as changes in off-site substations, transmission lines, and waste storage and disposal facilities.

(b) A breakdown of the core and ancillary facilities by each component having a potential for environmental impact;

(c) A technical description characterizing the equipment design and operation of the proposed action, which includes, at a minimum, the following information:

(1) Equipment specifications by component;

(2) Fuel use, by type over project life including a statement as to whether the facility will operate on renewable resources of power;

(3) Maximum and expected kw and kwh generation or transmission each year over project life;

(4) Maximum and expected production of outputs and products other than electricity each year over project life; and

(5) Any relevant maps, plats or layouts.

(d) An executive summary that describes the proposed action using non-technical terminology.

2108.15 The EIS shall include information in the form of a list and description of the experience with the type of action proposed in either the District of Columbia or other, similar urban areas.

2108.16 The applicant shall demonstrate the need for a proposed action in the context of the other outputs and products the proposed action will produce other than electricity.

2108.17 The applicant shall demonstrate the impact of the proposed action in the context of applicable environmental plans, including the following:

(a) The District of Columbia Comprehensive Plan; and

(b) Any plans developed to assure the area attains federal ambient air quality standards for ozone and carbon monoxide, as well as any emissions for which the District may be in a state of non-compliance.

2108.18 The applicant shall analyze whether, and if so, how, the proposed action will impact, in any substantial way, the attainment of the goals of the environmental plans addressed in § 2108.17.

2108.19 The Commission may require additional assessments depending on the particular characteristics of the proposed action.

2108.20 All models and assumptions used by the applicant shall be fully documented and justified.

2108.21 If the applicant or project is covered by D.C. Code, 2001 Ed. §§ 8-109.03 et seq. or 34-2601 et seq., the EIS shall conform to the requirements of those statutory provisions.

2108.22 The project coordinating committee established under § 2106 of this chapter shall coordinate the activities of the agencies in preparing any EIS or supplemental EIS which may be required pursuant to D.C. Code, 2001 Ed. §§ 8-109.01 to 8-109.11, or any other applicable statute.

History

SOURCE: Final Rulemaking published at 51 DCR 8645 (September 3, 2004).

15 DCMR § 2109 PHASED PROCEEDINGS ON THE APPLICATION

2109.1 The applicant may request, or the Commission may on its own initiative direct, that the project be reviewed in two (2) or more phases.

2109.2 If the Commission approves a phased proceeding, the matter shall proceed as follows:

(a) An applicant may file a partial application;

(b) The Commission may render separate findings of fact on any phase or issue within a phase; and

(b) Findings of fact shall be final pursuant to D.C. Code, 2001 Ed. § 34-605(a), and may not be subject to further litigation unless warranted by new substantive issues or changed circumstances.

2109.3 In examining whether an applicant has complied or will comply with all applicable zoning and environmental laws, the Commission will rely, to the extent possible, on the expertise of the agencies charged with enforcement of those laws.

2109.4 In order to assure timely completion of the proceedings, the Commission may impose a schedule of procedural dates that are subject to change only for good cause shown.

History

SOURCE: Final Rulemaking published at 51 DCR 8653 (September 3, 2004).

15 DCMR § 2110 ANNUAL REPORT ON SMALLER SCALE CONSTRUCTION

2110.1 Electric corporations operating in the District of Columbia shall submit an annual report, on or before February 15th of each calendar year, which summarizes smaller-scale construction and the costs associated with each project undertaken by the corporation during the preceding year.

History

SOURCE: Final Rulemaking published at 40 DCR 8359, 8366 (December 3, 1993); as amended by Final Rulemaking published at 51 DCR 8653 (September 3, 2004).

15 DCMR § 2111 UNDERGROUND TRANSMISSION LINES IN EXCESS OF SIXTY-NINE THOUSAND VOLTS AND SUBSTATIONS CONNECTED TO SUCH LINES

2111.1 An electric corporation which plans to construct inside the District of Columbia an underground transmission line in excess of sixty-nine thousand (69,000) volts, or substation connected to such line, shall file formal notice with the Commission six (6) months prior to the construction. This formal notice shall include a discussion of the following:

(a) The name and address of the principal place of business of the electric corporation;

(b) The name, title, and address of the person authorized to receive notices and communications with respect to the application;

(d) A list of each District of Columbia, state, or federal government agency having authority to approve or disapprove the construction or operation of the project and containing the following:

(1) A statement indicating whether the necessary approval from each agency has been obtained, with a copy of each approval or disapproval attached;

(2) A statement indicating the circumstances under which any necessary approval has not been obtained; and

(3) A statement indicating whether any waiver or variance has been requested, with a copy of each approval or disapproval attached.

(e) The proposed date construction is to be initiated;

(f) The need for the underground transmission line or substation;

(g) The type and voltage level(s) of the underground transmission line or substation;

(h) Property or property right acquired or to be acquired;

(i) Location of the proposed construction, including affected streets by name;

(j) Duration of the proposed construction;

(k) Impact of the proposed project on affected neighborhood and community; and

(l) Possible mitigating measures which could be employed to minimize impact upon the affected neighborhood or community.

2111.2 Other provisions of this chapter shall not apply to underground substations and underground transmission lines.

2111.3 All information required in § 2111.1 shall be served on the affected Advisory Neighborhood Commission(s) and the Office of the People's Counsel on the same date it is filed with the Commission.

2111.4 The Commission shall entertain petitions filed by any interested person within ninety (90) days of the date of a formal notice provided under § 2111.1 for the Commission to investigate the reasonableness, safety and need for the underground transmission line or substation.

2111.5 If the Commission initiates an investigation, the electric corporation shall submit a detailed analysis of the information required in § 2111.1. The electric corporation shall also submit the following information:

(a) An explanation of the need for and the cost-effectiveness of the project in meeting demand for service;

(b) A description of the effect of the project on system stability and reliability;

(d) A statement regarding the probability that the consequences of § 2111.5(c) will occur;

(e) A description of the applicant's transmission planning criteria;

(f) A description of one-line diagrams regarding the power flows relied upon which determined the need for the proposed line;

(g) Engineering and construction features including the following:

(1) Width, length, and total acreage of the right-of-way;

(2) Line voltage;

(3) Number of circuits;

(4) Number of circuits per structure;

(5) Structure type and dimensions;

(6) Conductor configuration and size;

(7) Nominal capacity (MVA);

(8) Nominal length of span between structures; and

(9) Description and dimensions of any related conduit.

(h) Location and identification of all portions or the right-of-way requiring construction within the one hundred (100) year floodplain of any stream;

(i) The description of each alternative route considered for the transmission line and alternative placement of a substation shall include the following:

(1) An estimate of the capital and annual operating cost of each alternative route or placement; and

(2) A statement of the reason why each alternative route or placement was rejected.

(j) An analysis of potential impact upon the environment; and

(k) Engineering and construction features of the alternative underground transmission line including the following:

(1) Width, length, and total acreage of the right-of-way,

(2) Line voltage;

(3) Number of circuits;

(4) Number of circuits per structure;

(5) Structure type and dimensions;

(6) Conductor configuration and size;

(7) Nominal capacity (MA);

(8) Nominal length of span between structures; and

(9) Description and dimensions of any related conduit.

2111.6 If no petition is submitted prior to the proposed date of construction, the electric corporation may begin construction pursuant to permits its receives from other District of Columbia agencies such as the Department of Transportation.

History

SOURCE: Final Rulemaking published at 40 DCR 8359, 8367 (December 3, 1993); as amended by Final Rulemaking published at 51 DCR 8654 (September 3, 2004).

15 DCMR § 2112 WAIVER

2112.1 The Commission may, in its discretion, waive or modify any provision of this Chapter and may also impose additional requirements, as circumstances warrant.

2112.2 The Commission may upon request, or on its own initiative after notice to the parties of its intention do so, waive any provision of this chapter for good cause.

History

SOURCE: Final Rulemaking published at 40 DCR 8359, (December 3, 1993); as amended by Final Rulemaking published at 51 DCR 8656 (September 3, 2004); as amended by Final Rulemaking published at 67 DCR 11091 (September 18, 2020). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 2112

15 DCMR § 2199 DEFINITIONS

2199.1 When used in this chapter, the following terms and phrases shall have the meaning ascribed:

Aesthetic Site - a site whose aesthetic nature is of general public interest or is officially recognized by a District of Columbia or federal agency charged with responsibility to oversee the protection of the environment.

Applicant - any person seeking approval to construct facilities covered by this Chapter.

Application - a request for approval to construct facilities covered by this Chapter.

Archaeological Site - a site within the District of Columbia yielding artifacts, structural remains, or evidence of occupation or use before the year 1900 as designated by the agency or governmental unit with responsibility for archaeological sites.

Certificate of Public Convenience and Necessity - an order issued by the Commission on application of a person granting such person the right to construct an electric generating station or transmission line covered by this Chapter.

Cogenerator - a power producer that qualifies as a cogenerator under the Public Utility Regulatory Policies Act of 1978.

Commission - Public Service Commission of the District of Columbia.

Committee - the project coordinating committee.

Construction - any clearing of land, excavation, or other action that would affect the natural environment of the site or route of a bulk power supply facility. Construction is not a change needed for temporary use of a site or route for a non-utility purpose or for use in securing geological data, including borings necessary to ascertain foundation conditions.

Current Situation - another electric plant, overhead transmission line, other structure, facility or use which the proposed action will replace or otherwise affect.

Electric Corporation - pursuant to D.C. Code, 2001 Ed. § 34-207, an electric corporation includes an electric utility, cogenerator, small power producer, or independent power producer doing business in the District of Columbia.

Electric Plant - generating facilities or transmission lines to be used in connection with or to facilitate the generation, transmission, and distribution, sale or furnishing of electricity of sixty-nine thousand (69,000) volts or over, including cogeneration facilities, small power projects, independent power projects and PEPCO-owned electric plants.

Environmental Impacts - impacts upon the environment as defined by D.C. Code, 2001 Ed. § 34-2601 et seq.

Externality - any environmental impact that remains after mitigation.

Generating Station - property or facilities constituting an integral plant or unit for the production of electric energy, including any new production unit that would be added to an existing production plant.

Greenhouse Gas - any gas commonly deemed to contribute to global warming, including carbon dioxide (CO2), methane (CH4), chlorofluorocarbons (CFCs) and nitrous oxide (N2O).

Historical Site - a site within the District of Columbia duly registered by the: District of Columbia Historical Trust; National Register of Historic Places; National Register of Natural Landmarks; Register of National Historic Landmarks; and National Trust for Historic Preservation or any other agency as may be recognized by the Public Service Commission of the District of Columbia.

Independent Power Producer - a non-traditional public utility which produces and sells electricity but has no significant market power; lacks significant market power as a supplier of energy and capacity because it does not have captive customers; and has limited or no control of transmission facilities essential to their customers; or as defined under applicable law(s).

Pepco - the Potomac Electric Power Company or any successor in interest.

Person - every individual, corporation, company, association, joint stock company, firm, partnership or other entity.

Project - a proposed generating station or overhead transmission line designed to carry voltage of sixty-nine thousand (69,000) volts or over.

Small Power Producer - a power producer that qualifies as a small power producer under the public utility regulatory policies act of 1978.

Smaller-Scale Construction - any construction project which involves providing electricity to a customer for which a Certificate of Public Convenience and Necessity is not required pursuant to this chapter.

Socio-economic Impacts - existing patterns of population concentration, distribution, or growth, and existing community or neighborhood characteristics, including traffic patterns and noise levels.

Substation - a plant that is used to alter the voltage of electricity. For the purposes of this chapter, substation must be connected to a transmission line of sixty-nine thousand (69,000) volts or greater.

Transmission Line - property or facilities constructed as an overhead transmission line designed to carry a voltage of sixty-nine thousand (69,000) volts or greater, or an underground transmission line designed to carry in excess of sixty-nine thousand (69,000) volts.

History

SOURCE: Final Rulemaking published at 40 DCR 8359, 8382 (December 3, 1993); as amended by Final Rulemaking published at 51 DCR 8657 (September 3, 2004); as amended by Final Rulemaking published at 51 DCR 9455 (October 8, 2004).

15-22 PROCUREMENT REGULATIONS

15 DCMR § 2200 Introduction

2200.1 Authority. The Public Service Commission of the District of Columbia (Commission) is an independent agency of the Government of the District of Columbia responsible for regulating utility and telecommunications companies conducting business in Washington, D.C. Procurement authority is vested in the Commission pursuant to § 13 (c) (2) of the Residential Real Property Seller Disclosure, Funeral Services Date Change, and Public Service Commission Independent Procurement Authority Act of 1998 (D.C. Law 12-263). The Commission is statutorily exempt from the D.C. procurement rules as set forth in D.C. Code § 1-1181 et seq.

2200.2 Responsibility. The contracting authority for the Commission shall be implemented through the Commission Chair. With the concurrence of the Commission, the Commission Chair may delegate elements of contracting authority as necessary for the efficient conduct of the Commission's procurement system. The delegation authority shall include the appointment of one or more Contracting Officers, who shall be highly qualified in the fields of purchasing and business management. Contracting Officer delegations shall be in writing and shall clearly set forth the extent to which a Contracting Officer may engage in procurement actions on behalf of the Commission. The appointment of a Contracting Officer requires the approval of a majority of the Commission. Contracting Officers shall be held accountable for conducting procurements in accordance with the policies and procedures established by the Commission.

2200.3 Policy. The purpose of these regulations is to set forth the policy and procedures of the Commission for acquiring supplies, materials, equipment, and services, including the professional services of experts and consultants. These regulations are intended to permit the Commission to acquire supplies and services efficiently and at the least cost or the best value for the Commission.

2200.4 It is the policy of the Commission to acquire supplies and services in a manner that achieves maximum practical competition based upon the size and complexity of the requirement.

2200.5 Procurements shall be made only from responsible contractors. Procurement of Commission requirements may be made through the use of simplified acquisition procedures or competitive negotiation procedures. Sole source procedures may be used but shall be limited to procurements that meet the requirements of these regulations.

2200.6 To the maximum extent practicable, Commission contracts shall be at a firm-fixed price.

2200.7 Ethics. It is the policy of the Commission that the highest ethical standards be maintained in its procurements.

2200.8 Commission personnel shall ensure that contracts are awarded only to qualified responsible sources capable of fulfilling Commission requirements.

2200.9 Commission personnel shall take appropriate action to avoid conflicts of interest. This includes taking appropriate measures to minimize any appearance of impropriety.

History

SOURCE: Final Rulemaking published at 42 DCR 5126 (September 8, 1995); as amended by emergency Rulemaking published at 45 DCR 6356 (September 4, 1998) [EXPIRED]; as amended by emergency Rulemaking published at 47 DCR 913 (February 11, 2000) [EXPIRED]; as amended by Final Rulemaking published at 47 DCR 2600 (April 14, 2000).

15 DCMR § 2201 Presolicitation

2201.1 Procurement Planning. Procurement planning is the process of selecting the appropriate method of satisfying a Commission need considering the value, complexity, and schedule of the requirement. The procurement planning process should be a team effort that includes the participation of the contracting personnel and the legal and technical staff of the Commission.

2201.2 Market Research. Commission representatives should engage in market research to the extent necessary to conduct effective procurements and to develop qualified sources to fulfill Commission requirements. Market research should include, but not be limited to, an assessment of the market conditions and the technology relating to the requirement as well as an evaluation of the experience of other customers of the required product or service. Market research should be used to help ensure that an adequate pool of qualified firms is available to compete for Commission requirements. Market research techniques include publishing requests for information (RFIs), holding presolicitation conferences, conducting Internet searches, and attendance by Commission personnel at seminars and symposia.

2201.3 Sources of Supplies and Services. The Commission's goal is to obtain supplies and services from qualified suppliers while ensuring the maximum level of supplier diversity in its acquisition of supplies and services.

2201.4 Supplier Diversity. The Equal Opportunity for Local, Small, and Disadvantaged Business Enterprise Act of 1999, D.C. Law 12-268, establishes a fifty (50) percent goal for D.C. government contracts with local small business enterprises and provides a preference for local and disadvantaged businesses in all areas of D.C. government contracting. Commission representatives are required to plan and onduct procurements in a manner to help achieve this goal, as follows:

(a) To enhance supplier diversity the Commission may establish partnership, teaming, or mentor-protege programs in which established firms are encouraged to team with local, small and disadvantaged enterprises to provide supplies or services to satisfy Commission requirements. The program would include incentive provisions, as specified by the Commission, to reward established firms for helping local, small and disadvantaged enterprises qualify as responsible contractors with the Commission;

(b) Supplier diversity may also be enhanced by using blanket purchase agreements and other simplified acquisition techniques specified in these regulations that facilitate participation by small businesses owned and controlled by minorities and women.

2201.5 Obtaining Competition. The Commission, and its Contracting Officer(s) operating within the limits of their delegations, shall conduct procurements in a manner that solicits and encourages maximum practicable competition. This effort shall include encouraging Commission staff to describe their needs in terms that foster competition including, whenever possible, the use of performance-based specifications and statements of work (SOWs). For purchases at or below the simplified acquisition ceiling, it shall be sufficient for the Contracting Officer to obtain three quotations. For purchases of $ 2,500 or less, competition is preferred but not required. For purchases above the simplified acquisition ceiling, the Contracting Officer shall obtain maximum practical competition.

2201.6 Source Lists. To the extent feasible, the Contracting Officer will maintain a source list of qualified contractors by type of supply or service for use in obtaining competition. When a source list for a class of supplies or services becomes too large for effective solicitation of all the listed firms, the Commission or the Contracting Officer may use a part of the list for an individual solicitation. In such cases, for each subsequent procurement of the particular class of supplies or services, the Commission or the Contracting Officer shall rotate the list to ensure that firms not previously solicited will have an opportunity to compete.

2201.7 Outreach. To the maximum extent practicable, Commission personnel are encouraged to participate in small business fairs and other symposia and to use innovative methods of attracting qualified suppliers to compete for Commission requirements.

2201.8 Publication of Requirements. Commission requirements shall be announced and given the extent of publication that reflects the size and complexity of the proposed procurement.

2201.9 Publication Thresholds. An individual procurement of the Commission expected to exceed $ 100,000 shall be published. Such publication may be in newspapers and trade journals. When the Commission or Contracting Officer deems it effective in obtaining sources for Commission requirements, publication may be made in the Commerce Business Daily, published by the U.S. Government Printing Office.

2201.10 Sources Sought Announcements. In instances where the Commission has difficulty obtaining qualified contractors, or to broaden the diversity of contractors available to the Commission, the Contacting Officer shall publish announcements seeking to identify new firms as potential contractors. Such announcements should identify the categories of supplies and services typically purchased by the Commission.

2201.11 Prequalification of Prospective Contractors. In cases where the Commission has a continuing need for a type of supply or service, it may elect to establish a list of prequalified contractors. The intent to establish such a list shall be made by published announcement. On the basis of an evaluation of a potential contractor's qualifications, the Commission may include the contractor on the list of prequalified contractors that will be solicited to compete for selected Commission contracts. Application for placement on the prequalified list shall be available at all times; however, a procurement for Commission requirements may be limited to solicitation of contractors included on the list as of the date that the solicitation is released.

2201.12 Describing Requirements. Commission activities having requirements for supplies or services shall be responsible for developing the description, specification, or SOW that identifies the requirement. To the maximum extent practicable, the requirements shall be described in terms of the required function, performance, or objective of the procurement.

2201.13 Supplies. For supplies, the requirements may be identified by citing the desired performance of functional characteristics or the industry standards, or by specifying a brand name for which equivalent products will be accepted.

2201.14 Services. For services, the requirement shall, to the maximum extent practicable, be identified in an SOW that sets forth the performance objectives and expected outcomes of the work. The standards for the required level of performance and the methods of evaluation will be specified.

History

SOURCE: Final Rulemaking published at 42 DCR 5126 (September 8, 1995); as amended by emergency Rulemaking published at 45 DCR 6356 (September 4, 1998) [EXPIRED]; as amended by emergency Rulemaking published at 47 DCR 913 (February 11, 2000) [EXPIRED]; as amended by Final Rulemaking published at 47 DCR 2600 (April 14, 2000).

15 DCMR § 2202 Solicitation and Award of Contracts

2202.1 Purchasing Methods. The Contracting Officer, in his or her discretion, shall select the purchasing method that is best suited to provide for economical, effective, and efficient procurement of Commission requirements.

2202.2 Simplified Acquisition Procedures. Simplified acquisition procedures are designed to facilitate quick and efficient methods for purchasing relatively low-cost requirements. The ceiling for use of simplified acquisition procedures is $ 100,000. These procedures are available for the acquisition of supplies or services, including expert and consulting services. A proposed procurement shall not be split into smaller parts to enable the use of simplified procedures.

2202.3 Obtaining Competitive Quotations. Price, delivery, and other terms for requirements at or below the simplified acquisition ceiling may be obtained by written or electronic RFQs. Competition is not required for purchases of $ 2,500 or less. In such cases, the Contracting Officer is required to use particular care in determining that the price is reasonable and that the purchase is in the best interest of the Commission. The quotations and the methods used to obtain them shall be included in the purchase file maintained by the Contracting Officer.

2202.4 Award. Award of simplified purchases may be made using purchase orders, orders under blanket purchase agreements, orders under task-order contracts, orders under GSA schedule contracts, orders under the D.C. Schedule, or orders using a purchase card adopted by the Commission.

2202.5 Negotiation Procedures. Negotiation procedures include (1) contracts awarded after obtaining maximum practical competition and (2) sole source awards.

2202.6 Competitive Negotiation. When negotiation procedures are selected as the appropriate method for conducting a procurement, the Contracting Officer will solicit competitive proposals from qualified contractors. The RFP shall state the basis upon which the selection of the winning contractor will be made. Selection criteria may range from the lowest price of a technically acceptable solution to the best value in relation to technical, price, or other specified factors.

2202.7 Evaluation Factors. The RFP shall identify all factors and significant subfactors that will be used for scoring and ranking proposals. The relative weight given to each factor and significant subfactor will be provided. Evaluation factors typically include areas such as the following:

(a) Technical approach, understanding the requirement;

(b) Management approach;

(d) Past performance on previous contracts; and

(e) Price or cost.

2202.8 The Contracting Officer shall ensure that the offeror's technical approach, experience, and price or cost are included as factors in all negotiated procurements. Past performance shall be considered unless the Contracting Officer determines that it is inappropriate for the particular procurement.

2202.9 Proposal Evaluation. Proposal evaluation is an assessment of each offeror's approach to meeting the Commission's requirement and of the offeror's ability to perform the contract. Evaluation of both technical and cost factors is necessary to fully assess the quality of a proposal. After considering the size and complexity of the requirement, one or more evaluation teams may be established to evaluate key aspects of each proposal. The evaluation of proposals must conform to the evaluation factors and the relative weights listed in the solicitation. Each proposal shall be evaluated individually.

2202.10 Technical evaluation of each proposal shall be made to determine the degree to which the offeror understands the requirement and its ability to meet Commission needs. An evaluation of price or cost shall be made to determine reasonableness considering the nature of the requirement. Analysis of the proposed price or cost should be made, as appropriate, to provide added insight into the offeror's understanding of the technical requirement.

2202.11 Generally, if adequate price competition exists between responsible contractors, no further price analysis is required. However, if the Commission or Contracting Officer, under his or her delegation of authority, deems it appropriate, additional analysis of price or cost may be made.

2202.12 The RFP may require that offerors provide oral presentations of elements of their proposals as a means of expediting the proposal evaluation process. The Contracting Officer shall be responsible for establishing the procedures for and conduct of oral presentations.

2202.13 The identity of the offerors and the contents of their proposals shall be kept confidential. The evaluation shall be made solely on the basis of the factors and significant subfactors identified in the RFP. After an evaluation of each proposal, a comparative assessment of the proposals shall be made.

2202.14 The method used for scoring proposals is a matter of discretion within the Commission and may, at the discretion of the Contracting Officer, be included in the RFP.

2202.15 Best Value Analysis. Best value analysis allows the exercise of business judgment in selecting the offer that is most advantageous to the Commission. Best value analysis permits the use of trade-offs among the weighted evaluation factors. For example, the Commission or the Contracting Officer may recommend that an offer that is neither the highest rated on technical merit nor the lowest in price be selected for contract award. Or it may be determined that an offeror with a high technical rating but a poor record of past performance represents a high risk, such that it would not be recommended for award. Further, when specified in the RFP, award may be made to the offeror that meets the specified minimum technical requirement at the lowest price.

2202.16 Discussions. After an evaluation of the quality of the proposals received, the Commission may decide or the Contracting Officer may recommend to the Commission that award be made without further communication with the competing contractors regarding their offers. This should occur only when the Contracting Officer determines that discussions would not improve the quality of proposals to meet the Commission's requirements more effectively. The terms of the RFP shall state that the Commission reserves the right to make an award without discussions.

2202.17 Where discussions are deemed necessary and in the best interest of the Commission, the Commission may decide or the Contracting Officer shall so advise the Commission and determine those offerors that are most highly rated and establish a competitive range. Offerors that are not included in the competitive range shall be notified that they are no longer being considered for an award. Oral or written discussions shall be conducted with all offerors included in the competitive range. Discussions will be conducted by the Commission or, under the Commission's delegation, through the Contracting Officer and the appropriate procurement team. The purpose of these discussions is to improve the evaluation team's understanding of each proposal and each offeror's understanding of the Commission's requirements. The goal of discussions is to improve each offeror's chance for an award. Such discussions shall be tailored to each proposal and shall include questions regarding weaknesses in the respective proposals and how such proposals may be improved to better meet the needs of the Commission.

2202.18 Offerors shall not be told how to improve their proposals and shall not be provided any information regarding other proposals either directly or indirectly. All offerors shall be treated in a fair and objective manner.

2202.19 Proposal Revisions. During the course of discussions, the Commission or the Contracting Officer may permit offerors to make written revisions to their proposals to incorporate adjustments and improvements that have resulted from the discussions. An offeror whose proposal is no longer under consideration may be eliminated from the competitive range.

2202.20 Best and Final Offers. After discussions are completed, the Commission or the Contracting Officer shall notify the offerors in the competitive range that they may submit best and final offers. The Commission or the Contracting Officer shall advise the offerors that no further discussions are permitted and that the award will be made on the basis of the best and final offers, and provide the date that best and final offers are due.

2202.21 Award. The award decision shall be based on a comparative assessment of proposals against the evaluation criteria in the RFP. The selecting official (i.e., the Commission or the Contracting Officer) shall document the decision and include the rationale for business judgments and trade-offs made in selecting the winning contractor. The award decision shall be based on the independent judgment of the Commission or the Contracting Officer acting under delegation of the Commission. Written notice of an award, including any additional terms and conditions agreed to during negotiations, will be provided to the successful offeror. Unsuccessful offerors will be provided written notice of the award that includes the name of the successful offeror, the total amount of the contract, and any unit prices specified in the contract.

2202.22 Debriefing. An unsuccessful offeror may request a debriefing if the Commission receives the offeror's request within three (3) business days of the date the offeror received notification that an award was made. The debriefing shall provide the basis for the award decision. Debriefings shall not include proprietary or confidential information regarding the successful offeror's proposal. Debriefings may be oral or written.

2202.23 Sole Source Acquisitions. Sole source acquisitions are permitted when they are necessary to support the Commission's objectives. Sole source acquisitions must be supported by a written determination and findings (D&F) prepared by the Contracting Officer. Circumstances that permit sole source acquisitions may include one or more of the following:

(a) Only one firm can meet the Commission's requirements. This includes such factors as special expertise or uniqueness of its product or service;

(b) The requirement cannot be reasonably modified to permit procurement of an alternative product or service on a competitive basis;

(c) There is a need for an interim short-term contract to meet Commission requirements in advance of a competitive procurement; and/or

(d) Procurement of the product or service on a sole source basis is in the best interest of the Commission.

2202.24 The Contracting Officer shall prepare a written D&F that sets forth the justification for a sole source acquisition. In addition, the D&F should identify the efforts that will be made to secure competition for future requirements. Except for purchases not expected to exceed $ 2,500, sole source acquisitions shall require the approval of the Commission.

2202.25 Special Categories. Special categories include procurements from local, small, and disadvantaged business enterprises, from small business competitions, and of expert and consultant services.

2202.26 Local, Small, and Disadvantaged Business Enterprises. The Equal Opportunity Local, Small, and Disadvantaged Business Enterprise Act of 1999, which establishes a fifty (50) percent goal for D.C. government contracts with local, small, and small disadvantaged business enterprises, further provides for the following preference points when evaluating proposals:

(a) Five points for local business enterprises;

(b) Five points for disadvantaged business enterprises; and

2202.27 Under the Act, a proposal may be entitled to any or all of these preferences for which it is qualified. Commission personnel are required to make every effort practicable to identify firms that are eligible for this program as potential sources.

2202.28 Small Business Competitions. The Commission or the Contracting Officer may conduct a procurement that provides for exclusive participation by small business firms when it is determined that two or more responsible small business firms can satisfy the Commission's requirement at a reasonable price.

2202.29 Expert or Consultant Services. The procurement of expert or consultant services is a legitimate means of ensuring the efficiency of Commission operations. Such services include, but are not limited to, accounting, legal, financial, management, technical, economic, professional, or other expert and consultant services. The procurement of such services is authorized when essential to the Commission's needs. When a particular expert or consultant has historical expertise regarding a particular Commission requirement, services of the expert or consultant may be acquired on a noncompetitive basis. Written justification supporting the procurement of expert or consultant services shall demonstrate that one or more of the following conditions apply:

(a) The technical or professional expertise is not available from sources within the Commission;

(b) Outside knowledge is required to avoid a too limited position on a critical issue;

(d) The expert's opinions is necessary to fully address issues before the Commission.

2202.30 The Commission may acquire the use of expert or consultant services, rather than using Commission employees, when in the best interest of the Commission and when one or more of the following conditions apply:

(a) The services are needed for short periods of time only or are needed in connection with a specific project that is to be completed within a specified period of time;

(b) The services are difficult to obtain because of the scarcity of skilled personnel or because of the highly specialized nature of the services; and/or

2202.31 The Commission or Contracting Officer shall ensure that a procurement of expert or consulting services shall not establish or allow any of the following:

(a) An employer-employee relationship between the Commission and the contractor;

(b) Detailed supervision by Commission personnel of the contractor or its employees with respect to the day-to-day operations of the contractor or its methods of accomplishing services;

(d) Representation of the Commission by the contractor in dealing with the public.

2202.32 The Commission shall not contract for expert or consultant services for any of the following purposes:

(a) To perform work of a decision-making or managerial nature that is the direct responsibility of Commission officials;

(b) To help influence or enact legislation in the Council of the District of Columbia; or

2202.33 Selecting the Contract Type. The Contracting Officer shall use the type of contract that provides for the reasonable allocation of performance and economic risks between the contractor and the Commission.

2202.34 Firm-Fixed Price Contracts. To the maximum extent practicable, the requirements of the Commission shall be written to facilitate the use of firm-fixed price contracts. Firm-fixed price contracts allocate the risk of performance and full responsibility for all costs and resulting profit or loss under the contract to the contractor. The Commission or the Contracting Officer, after consulting with the Commission, may waive this requirement on a case-by-case basis. Other contract types providing for price adjustments, escalation, or payment on a cost reimbursement basis may be authorized when in the best interest of the Commission. When contract types other than firm-fixed price are authorized, the Commission or the Contracting Officer shall ensure that adequate terms and conditions are included to protect the interests of the Commission when adjustments in price are required. Such terms include adjustments tied to nationally recognized indexes and access to contractor accounting data regarding cost of performance.

2202.35 Indefinite-Quantity/Task-Order Contracts. The Commission may enter into indefinite-quantity contracts or task-order contracts that provide for an indefinite quantity of supplies or tasks for services, including expert or consultant services, for a fixed period of time. Requirements under such contracts shall be subject to stated limits and may require the Commission to order a minimum quantity of supplies or services. During the effective period of the contract, the contractor shall be required to provide any additional quantities of supplies or services ordered by the Commission up to the maximum provided under the contract.

2202.36 Solicitation of indefinite-quantity/task-order contracts may specify that a single award to an individual contractor will be made or that multiple awards to several contractors will be made from those who respond to the solicitation. When multiple awards are made, future orders of supplies or task orders for services will be competed for among the multiple awardees. Competition among contractors under a multiple award task-order contract is intended to be quick and efficient. Task-order requirements are exempt from publication and may be awarded using limited factors and streamlined procedures. The award of a task order under a multiple award task-order contract is exempt from the protest procedures of these regulations.

2202.37 Indefinite-quantity/task-order contracts may be established for a term of one year and provide for no more than two one-year options.

2202.38 Unless otherwise specified by the Contracting Officer, contracts of this type shall provide for firm-fixed prices for the designated supplies or services.

History

SOURCE: Final Rulemaking published at 42 DCR 5126 (September 8, 1995); as amended by emergency Rulemaking published at 45 DCR 6356 (September 4, 1998) [EXPIRED]; as amended by emergency Rulemaking published at 47 DCR 913 (February 11, 2000) [EXPIRED]; as amended by Final Rulemaking published at 47 DCR 2600 (April 14, 2000).

15 DCMR § 2203 Contractor Responsibility

2203.1 Debarment. No individual or firm that is debarred, suspended, or otherwise ineligible to participate in procurement at any other D.C. government agency shall be eligible to participate in solicitations or negotiations before the Commission.

2203.2 The Commission may debar or suspend an individual or firm for any of the following reasons:

(a) Engaging in contract fraud or a criminal offense incident to obtaining, attempting to obtain, or performing a public contract or subcontract;

(b) Violation of Federal or state antitrust statutes arising out of submission of bids and proposals;

(c) Engaging in acts involving embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, false statements, tax evasion, or any other offense indicating a lack of business integrity or business honesty; and

(d) Conviction of any other offense that indicates a lack of business integrity or lack of present responsibility as a contractor.

2203.3 The Commission, in its discretion, may debar or suspend any bidder or contractor as a result of the following:

(a) Willful failure to perform in accordance with the specifications within the time limit provided in a contract;

(b) A record of failure to perform or of unsatisfactory performance of the terms of one or more contracts; or

2203.4 Suspension. The Commission, in its discretion, may suspend a contractor from participating in Commission solicitations, negotiations, and contracts pending the outcome of a criminal indictment or investigation by a District, Federal, or state regulatory agency.

2203.5 Ineligibility. The Commission, in its discretion, may determine a contractor to be ineligible for participation in Commission contracts or subcontracts if the contractor is currently included on The List of Parties Excluded from Federal Procurement and Nonprocurement Programs.

History

SOURCE: Final Rulemaking published at 42 DCR 5126 (September 8, 1995); as amended by emergency Rulemaking published at 45 DCR 6356 (September 4, 1998) [EXPIRED]; as amended by emergency Rulemaking published at 47 DCR 913 (February 11, 2000) [EXPIRED]; as amended by Final Rulemaking published at 47 DCR 2600 (April 14, 2000).

15 DCMR § 2204 Publication of Contract Awards

2204.1 The Office of the Commission Secretary shall submit notices of solicitation and awards of contracts, as well as modification and amendments, over $ 100,000 to the Office of Contracts and Procurements for publication in the District of Columbia Procurement Digest.

History

SOURCE: Final Rulemaking published at 42 DCR 5126 (September 8, 1995); as amended by emergency Rulemaking published at 45 DCR 6356 (September 4, 1998) [EXPIRED]; as amended by emergency Rulemaking published at 47 DCR 913 (February 11, 2000) [EXPIRED]; as amended by Final Rulemaking published at 47 DCR 2600 (April 14, 2000).

15 DCMR § 2205 Contract Administration

2205.1 Responsibility. The Contracting Officer shall coordinate the monitoring of contractor performance. Commission staff are required to provide technical support in the monitoring process by evaluating the quality of contractor performance. The Contracting Officer shall be responsible for ensuring that appropriate action is taken to protect the rights of the Commission.

2205.2 Contract Modifications. The Commission, in its discretion, may modify, amend, or adjust any contract. All contract modifications and amendments must be approved by the Commission or the Contracting Officer and shall be made in writing prior to the effective date of the change. The term "modify" as used in this subsection shall not be construed to mean the incorporation of additional supplies, tasks, and duties that alter the scope of the contract.

2205.3 Terminations. The Commission, in its discretion, may terminate a contract for any reason prior to its completion under the following conditions:

(a) For cause, if the Commission determines that the performance under the contract is unsatisfactory, the Contracting Officer may, upon written notice, terminate the contract. If the contract is terminated for cause, the contractor is not entitled to receive any compensation and shall be liable to the Commission for the costs entailed in securing another contract for supplies or services or for the cost of completion in a contract for construction; and

(b) For convenience, if the Contracting Officer determines that it is in the best interest of the Commission to terminate the contract, he or she may do so upon the approval of the Commission. Upon termination for convenience, the contractor maybe entitled to receive compensation only for services rendered.

History

SOURCE: Final Rulemaking published at 42 DCR 5126 (September 8, 1995); as amended by emergency Rulemaking published at 45 DCR 6356 (September 4, 1998) [EXPIRED]; as amended by emergency Rulemaking published at 47 DCR 913 (February 11, 2000) [EXPIRED]; as amended by Final Rulemaking published at 47 DCR 2600 (April 14, 2000).

15 DCMR § 2206 Protests Regarding Solicitation and Award

2206.1 An actual or prospective offeror or contractor who is aggrieved in connection with the solicitation, negotiation, or award of any contract may file a written protest with the Office of the Commission Secretary. The protest shall clearly set forth the facts and legal basis of the protest. Protests shall be filed within ten (10) business days of the solicitation, award, or modification of a contract. Resolution of protests shall be made under the claims procedure of these regulations. Except where there is a determination by the Commission, the filing of a protest shall not require the suspension or termination of a contract.

History

SOURCE: Final Rulemaking published at 42 DCR 5126 (September 8, 1995); as amended by emergency Rulemaking published at 45 DCR 6356 (September 4, 1998) [EXPIRED]; as amended by emergency Rulemaking published at 47 DCR 913 (February 11, 2000) [EXPIRED]; as amended by Final Rulemaking published at 47 DCR 2600 (April 14, 2000).

15 DCMR § 2207 Claims and Disputes

2207.1 Disputes. The Contracting Officer shall meet with the contractor to resolve matters that are the subject of a disagreement regarding the contract. Matters that cannot be resolved to the satisfaction of the parties shall, upon the submission of a written claim, be subject to the Commission's claims procedures.

2207.2 Claims Procedures. When a claim or dispute is raised that cannot be resolved between the contractor and the Contracting Officer, the contractor may, upon written request within ten (10) business days of the event giving rise to the claim or dispute, request a review on the record.

2207.3 Hearings. Upon notice of the filing of a hearing request, the General Counsel shall appoint a staff attorney who shall act as a Hearing Officer. All parties to the dispute shall be notified of the hearing date, time, and place. All hearings shall be held within thirty (30) business days of the appointment of a Hearing Officer unless extended, for cause, by the General Counsel.

2207.4 Decisions. Within thirty (30) business days after a hearing is conducted, the Hearing Officer shall render a final written decision.

2207.5 Appeals. Appeals of the Hearing Officer's decision by the contractor shall be filed in writing with the Commission for consideration by the Commissioners. Appeals to the Commission shall be filed within ten (10) business days of the receipt of the final written decision from the Office of the General Counsel. Thereafter, a decision on the appeal shall be issued in not less than thirty (30) business days. The decision of the Commission is final in the matters raised by the appeal.

History

SOURCE: Final Rulemaking published at 42 DCR 5126 (September 8, 1995); as amended by emergency Rulemaking published at 45 DCR 6356 (September 4, 1998) [EXPIRED]; as amended by emergency Rulemaking published at 47 DCR 913 (February 11, 2000) [EXPIRED]; as amended by Final Rulemaking published at 47 DCR 2600 (April 14, 2000).

15 DCMR § 2298 WAIVER

2298.1 The Commission may upon request, or on its own initiative after notice to the parties of its intention do so, waive any provision of this chapter for good cause.

History

SOURCE: Final Rulemaking published at 67 DCR 11091 (September 18, 2020). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 2298

15 DCMR § 2299 DEFINITIONS

2299.1 When used in these regulations, the following terms and phrases shall have the meanings set forth in this section. Words and terms not defined in these regulations shall have their commonly recognized meanings, unless specifically defined where they appear in the document.

Best Value - The combination of quality, price, and other factors that provide the most effective overall response consistent with the solicitation of a Commission requirement.

Blanket Purchase Agreement - A simplified method of fulfilling future needs by establishing an agreement between the Commission and a qualified prospective contractor that sets forth the terms and conditions under which future purchases may be made.

Claim - A written demand or written assertion by a contractor seeking as a matter of right, the payment of money in a sum certain, the adjustment or interpretation of contract terms, or other relief arising under or related to the contract. A matter is not a claim unless a dispute exists between the Commission and the Contractor regarding the subject matter of the claim.

Consultant - A firm or individual with knowledge and special abilities not generally available to the Commission who renders services of a purely advisory nature relating to and in support of Commission functions, administration, or management. A consultant is prohibited from making Commission policy.

Consulting Services - Services of a purely advisory nature relating to Commission functions, administration and management, or program management that are normally provided by persons who are considered to have knowledge and special abilities not generally available within the Commission.

Contracting Officer - An individual with a written delegation of authority from the Commission to manage and oversee the financial, legal and administrative processing of a procurement and to legally obligate the Commission as a party to a contract. The Contracting Officer may delegate elements of his or her authority to staff members for the purpose of managing a solicitation and processing a procurement.

Cost Reimbursement Contract - A contract that provides for payment of contractor-incurred costs of performance that are allowable to the extent permitted by the terms of the contract.

Debar - An action taken by the Commission to exclude a contractor from contracting and subcontracting for a specified period. An excluded contractor is considered "debarred."

Discussions - The conduct of oral or written communications regarding the content of a proposal. These communications include negotiations regarding terms, conditions, price, and other matters pertaining to a procurement with prospective contractors that have submitted proposals in response to a request for proposals (RFP).

Dispute - A material disagreement between the Commission and the contractor regarding matters arising under the contract or relating to the contract that may result in a claim.

Expert - A person or firm with special qualifications and a high degree of attainment in a professional, scientific, technical, or other field, whose knowledge and mastery of the principles, practices, problems, methods, and techniques of a particular field of activity, or of a specialized area within the field, are clearly superior to those usually possessed by ordinarily competent persons in that activity. The qualifications of such persons or firms are such that they are regarded as authorities or practitioners of unusual competence and skill by other persons in the profession, occupation, or activity. Special licenses and advanced degrees in the profession are usually evidence of such qualifications.

Firm-Fixed Price Contract - A contract where the total obligation of the Commission is defined and not subject to change or adjustment on the basis of the contractor's cost experience. Price adjustments may be made on the basis of amendments issued by the Commission.

Ineligible - Any current or prospective contractor excluded from D.C. contracting or subcontracting under the authority of a Federal statute or regulation applicable to the District (such as the Davis Bacon Act, 40 U.S.C. §§ 276(a) et. seq.; the Service Contract Act, 41 U.S.C. §§ 351-358; or the Equal Employment Opportunity Act of 1972, 5 U.S.C. §§ 5108, 5313 et seq., and 42 U.S.C. § 2203) or excluded under the authority of a District statute or regulation. The term includes contractors included on The List of Parties Excluded from Federal Procurement and Nonprocurement Programs maintained by the General Services Administration (GSA).

Local, Small, and Disadvantaged Business Enterprises - For Commission procurement, the term "Local, Small, and Disadvantaged Business Enterprises" shall be governed by the provision of the Equal Opportunity Local, Small, and Disadvantaged Business Enterprise Act of 1999, D.C. Law 12-268.

Maximum Practical Competition - Full and free competition encouraging all responsible contractors to compete for Commission requirements. Consideration may be given to the estimated value, complexity, and schedule requirements of the Commission.

Negotiated Contracts - Contracts resulting from an RFP under which sealed proposals (binding legal offers) have been submitted by prospective contractors. Negotiated contracts may be awarded on the basis of the initial offers received in response to the RFP without conducting discussions with the offerors, or after establishing a competitive range and conducting confidential discussions with offerors included in the competitive range.

Request for Quotation (RFQ) - An inquiry by a Commission representative seeking information from prospective contractors regarding price or cost of supplies or services and terms of sale. An RFQ is not a solicitation for a contract.

Responsible Contractor - A contractor that possesses the capability to perform the required contract. Elements of capability include adequate facilities, personnel, finances, record of performance, and business ethics. Responsibility may also include any special requirements included in the solicitation such as licenses, permits, and business size. A contractor that is debarred, suspended, or ineligible is not a responsible contractor.

Simplified Acquisition - The acquisition of supplies and services using streamlined and expeditious methods in an aggregate amount not exceeding the simplified acquisition ceiling set forth in these regulations.

Solicitation - An RFP that invites prospective contractors to submit offers to satisfy a Commission procurement requirement.

Small Business Competition - A procurement that is reserved for exclusive participation by small business firms as defined under the Equal Opportunity for Local, Small, and Disadvantaged Business Enterprises Act of 1999, D.C. Law 12-268.

Suspension - An action by the Commission to disqualify a contractor temporarily from contracting and approved subcontracting for the purpose of protecting the integrity of Commission contracting pending a decision to debar the contractor.

History

SOURCE: Final Rulemaking published at 42 DCR 5126 (September 8, 1995); as amended by emergency Rulemaking published at 45 DCR 6356 (September 4, 1998)[EXPIRED]; as amended by emergency Rulemaking published at 47 DCR 913 (February 11, 2000) [EXPIRED]; as amended by Final Rulemaking published at 47 DCR 2600 (April 14, 2000).

15-23 NATURAL GAS

15 DCMR § 2300 COMMISSION AUTHORITY

2300 COMMISSION AUTHORITY

2300.1 Pursuant to D.C. Official Code § 34-301 (2010 Repl.), the Commission shall maintain general supervision of all gas corporations having authority, under any general or special law or under any charter or franchise, to lay down, erect, or maintain wires, pipes, conduits, ducts or other fixtures in, over, or under the streets, highways, and public places in the District of Columbia for the purpose of furnishing or distributing gas for light, heat or power.

2300.2 The Commission shall maintain general supervision of all gas manufacturing and processing plants operating in the District of Columbia.

History

AUTHORITY: Unless otherwise noted, the authority for this chapter is Paragraph 21 of §8 of An Act Making appropriations to provide for the expenses of the District of Columbia for the fiscal year ending June thirtieth, nineteen hundred and fourteen, and for other purposes, approved March 4, 1913 (37 Stat. 977); as amended by §2 of the Public Utilities Amendment Act of 1989, D.C. Law 8-47, D.C. Code §43-501 (1990 Repl. Vol.).
SOURCE: Final Rulemaking published at 33 DCR 6625 (October 24, 1986); as amended by Final Rulemaking published at 38 DCR 2381 (April 26, 1991); as amended by Final Rulemaking published at 60 DCR 7 (January 4, 2013).

15 DCMR § 2301 FEDERAL CODE PROVISIONS APPLICABLE

2301.1 The federal government’s gas safety regulations for transportation of natural and other gas by pipeline, 49 CFR § 190 (Pipeline Safety Program Procedures), 49 CFR § 191 (Annual Reports and Incident Reports), 49 CFR § 192 (Minimum Federal Safety Standards), and 49 CFR § 199 (Drug Testing) shall be the natural gas pipeline safety standards for intrastate natural gas transmission and distribution facilities subject to the jurisdiction of the Commission, except to the extent that the regulations in this chapter are more stringent.

History

SOURCE: Final Rulemaking published at 33 DCR 6625 (October 24, 1986); as amended by Final Rulemaking published at 38 DCR 2381 (April 26, 1991); as amended by Final Rulemaking published at 60 DCR 7 (January 4, 2013).

15 DCMR § 2302 ENFORCEMENT

2302.1 Whenever the Commission finds a particular facility to be hazardous to life or property, it shall require the person, firm, or corporation operating the facility to take all measures necessary to remove the hazards.

2302.2 The Office of Engineering of the Commission shall have responsibility for the enforcement of the provisions of this chapter.

2302.3 The Office of Engineering shall investigate and report to the Commission, in writing, instances in which it appears that this chapter has not been complied with, and shall make recommendations for achieving prompt compliance.

2302.4 The plant, property, facilities, and records of gas corporations under the Commission's jurisdiction shall be made readily accessible to the Commission, its staff, or its authorized representatives in the administration and enforcement of this chapter, or in the investigation of violations or alleged violations of any of its provisions.

History

SOURCE: Final Rulemaking published at 33 DCR 6625 (October 24, 1986); as amended by Final Rulemaking published at 60 DCR 7 (January 4, 2013).

15 DCMR § 2303 [RESERVED]

15 DCMR § 2304 PUBLIC AWARENESS

2304.1 A gas corporation shall provide notice to each customer at least twice annually, informing the customer of the hazards of leaking gas and instructing the customer in the procedures to be followed in reporting gas leaks. A sample odor indicator shall be included in each biennial notice.

2304.2 A gas corporation shall provide notice twice annually, through newspaper or other means of mass communication, to the general public of the hazards of leaking gas and instructing the general public in the procedures to be followed in reporting gas leaks.

2304.3 Notices shall include information regarding the possible entry of gas by various means, including leakage along routes where gas service is not provided.

2304.4 A gas corporation shall implement targeted distribution of print materials annually to residents located along transmission pipeline rights of way and places of public assembly. Materials shall include:

(a) Information regarding the purpose and reliability of the pipeline;

(b) Hazards and prevention measures undertaken;

(d) One-call requirements;

(e) Leak recognition and response;

(f) Pipeline location information;

(g) How to get additional information; and

(h) Availability of list of pipeline operators through the National Pipeline Mapping System (NPMS).

History

SOURCE: Final Rulemaking published at 60 DCR 7 (January 4, 2013).

15 DCMR § 2305 SAFETY

2305.1 Gas leak detection surveys, including all service lines up to the exterior building wall, regardless of meter placement, shall be made as follows:

(a) Business Districts. A gas corporation shall conduct an annual survey in business districts, involving tests of the atmosphere in gas, electric, telephone, sewer, and water system manholes, at cracks in pavements and sidewalks, and at other locations providing an opportunity for finding gas leaks;

(b) Within ninety (90) days of the effective date of these rules, the gas corporation shall provide the Commission with a map of the District of Columbia showing Business Districts and shall update the map whenever changes are made;

(c) Places of Public Assembly. A gas corporation shall conduct an annual survey of service lines to places of public assembly using Hydrogen Flame Ionization (HFI) or Combustible Gas Indicator (CGI) or other comparable methods.;

(d) Within ninety (90) days of the effective date of these rules, the gas corporation shall provide the Commission with a list of Places of Public Assembly in the District of Columbia and shall update the list whenever changes are made;

(e) Each gas corporation or small gas operator shall conduct a survey of its entire distribution system not less than once every three (3) years;

(f) Leakage tests by HFI or by CGI and bar hole or other comparable approved method shall be conducted within the immediate area of each new, repaired or replaced gas line after backfilling and after a reasonable period of gas pressurizing when the line is being placed into service;

(g) Whenever a steel pipe or tubing is used in the attachment of a service line to a cast iron main, it shall be protected against external corrosion using an anode and test station, except in the case of a malleable fitting when use of an anode only is sufficient;

(h) A pipeline no longer meeting cathodic protection criteria shall be remediated promptly. Prompt, as used in this section, is defined as resolving the loss of cathodic protection within the next monitoring cycle. Records showing when the pipeline was discovered to have lost cathodic protection and when the loss was remedied, along with annual test records, must be kept for as long as the pipeline remains in service; and

(i) Records of Surveys

(1) Each gas corporation or small gas operator shall maintain a record of each leak survey showing by location and date:

(A) Leaks detected; and

(B) Severity of each leak; and

(2) These records shall be kept as long as the segment of pipeline involved remains in service.

2305.2 Pipeline Location

(a) Burial. Pipelines shall be buried a minimum of twenty four inches (24 in.) or eighteen inches (18 in.) in solid rock, where the term solid rock indicates the necessity of blasting or the use of pneumatic equipment.

(b) Exceptions. Burial depths less than that specified but not less than twelve inches (12 in.) will be allowed if underground obstructions preclude these depths, and if special line protection is provided and accepted by the Office of Engineering, after submission of documentation justifying the exception;

(d) Identification.

(1) Tracer wire shall be installed with all plastic pipes; and

(2) When the open trenching method of pipeline construction is used, suitable identification tape shall be installed at a minimum of twelve inches (12 in.) above the top of the pipe and at least six inches (6 in.) below the final grade after completion of installation

(e) Each gas corporation or small gas operator shall maintain all relevant documentation of plastic pipe joining qualifications, all Operator Qualification documentation, up-to-date manuals, and copies of relevant procedures. Access to this documentation shall be available at each job site, either in hard copy or electronically;

(f) Each gas corporation or small gas operator shall provide adequate supervision for its construction crews;

(g) Each gas corporation or small gas operator shall submit a report of damage to the gas pipeline system, including appropriate codes indicating the cause of the damage. This report shall be filed every other month, no later than the tenth (10th) of the month; and

(h) Each gas corporation shall notify the Office of Engineering in writing at least ten (10) days before the estimated start date of any construction project scheduled for completion in five (5) or more working days, or before the estimated start date of work related to an Integrity Management Program.

History

SOURCE: Final Rulemaking published at 60 DCR 7 (January 4, 2013).

15 DCMR § 2306 INCIDENT REPORTS AND SAFETY-RELATED CONDITION REPORTS

2306.1 Each gas corporation or small gas operator shall report simultaneously to the Commission’s Office of Engineering each incident that must be reported to the U.S. Department of Transportation, Office of Pipeline Safety.

2306.2 Each gas corporation or small gas operator shall report in writing within thirty (30) days to the Commission’s Office of Engineering the following incidents:

(a) An event that involves release of gas from a pipeline, or release of liquefied natural gas (LNG) or gas from an LNG facility and one (1) of the following:

A death or a personal injury necessitating hospitalization; or

(2) Estimated property damage, including the cost of gas lost to the gas corporation or small gas operator, or others, or both, of five thousand dollars ($5,000) or more;

(b) An event that results in an emergency shutdown of an LNG facility; or

(c) An event that is significant in the judgment of the operator, even though the circumstances of paragraph (a) or (b) were not met.

2306.3 At the earliest practical time following discovery of incidents described in § 2306.2, each gas corporation or small gas operator shall notify the Office of Engineering and provide the following:

(a) Name of the operator, person reporting, and their telephone number(s);

(b) Location of the incident;

(d) Nature of the facilities and injuries, if any; and

(e) All other significant facts that are relevant to the incident.

2306.4 A copy of each report filed with a federal agency regarding safety and service failures by a gas corporation or small gas operator under the Commission’s jurisdiction shall be provided simultaneously to the Director of the Commission’s Office of Engineering.

2306.5 The Office of Engineering shall maintain a log of telephone reports of incidents involving natural gas safety.

2306.6 Each gas corporation or small gas operator shall inform the Office of Engineering of any natural gas incident within one (1) hour after the gas corporation’s or small gas operator dispatch personnel have been informed about the incident.

2306.7 A copy of each safety-related condition report filed with a Federal Agency by a gas corporation or small gas operator shall simultaneously be provided to the Commission’s Office of Engineering.

History

SOURCE: Final Rulemaking published at 33 DCR 6625, 6626 (October 24, 1986); as amended by Final Rulemaking published at 35 DCR 7938 (November 4, 1988); as amended by Final Rulemaking published at 38 DCR 2381 (April 26, 1991); as amended by Final Rulemaking published at 60 DCR 7 (January 4, 2013).

15 DCMR § 2307 OPERATION AND MAINTENANCE PLANS

2707.1 Each gas corporation or small gas operator subject to the Commission's jurisdiction shall have on file with the Commission the following information:

(a) Plans covering operation and maintenance procedures in accordance with federal regulations; and

(b) Modifications of such plans when issued by the gas corporation or small gas operator. Modifications of such plans shall be filed with the Commission within ten (10) business days of the modification date on the plan.

History

SOURCE: Final Rulemaking published at 33 DCR 6625, 6627 (October 24, 1986); as amended by Final Rulemaking published at 60 DCR 7 (January 4, 2013).

15 DCMR § 2308 EMERGENCY PLANS

2308.1 Each gas corporation or small gas operator subject to the Commission's jurisdiction shall do the following:

(a) Establish an emergency plan to be implemented in the event of facility failures or other emergencies;

(b) Acquaint appropriate maintenance and operating employees with the operation of the applicable portions of the plan;

(d) File with the Office of Engineering the name and telephone number of the employee(s) and official(s) of the gas corporation or small gas operator who may be called in an emergency. It shall be the responsibility of each gas corporation or small gas operator to keep this information current.

History

SOURCE: Final Rulemaking published at 33 DCR 6625, 6627 (October 24, 1986); as amended by Final Rulemaking published at 60 DCR 7 (January 4, 2013).

15 DCMR § 2309 [RESERVED]

15 DCMR § 2310 INVESTIGATIONS, INSPECTIONS, SPECIFIC INFORMATION REQUESTS, AND WARNING LETTERS

2310.1 The Commission, its staff, or agents, shall periodically investigate and ascertain the quality and quantity of natural gas supplied to consumers in the District of Columbia.

2310.2 The Commission, its staff, or agents shall periodically investigate the methods employed by gas corporations or small gas operators under its jurisdiction in manufacturing, distributing, supplying, and transmitting gas for light, heat or power.

2310.3 Upon presentation of appropriate credentials, the Commission’s staff, or duly appointed agents, shall be authorized to enter upon, inspect and examine at reasonable times and in a reasonable manner the records and property of a gas corporation or small gas operator, or its agents or representatives, to the extent such records and property are relevant in determining compliance with the provisions of this chapter.

2310.4 The Office of Engineering may conduct periodic inspections of records and property in the possession, custody or control of the gas corporation or small gas operator to determine compliance with the federal Natural Gas Pipeline Safety Act, 49 U.S.C. §§ 1671, et seq. or this chapter. Inspections shall be conducted pursuant to one (1) of the following:

(a) Routine scheduling;

(b) A complaint received from a member of the public;

(d) Pipeline accident or incident; or

(e) Whenever the Commission deems it appropriate to do so.

2310.5 An inspection shall include a thorough review of the operator’s records concerning inspection, operation, maintenance, and emergency procedures.

2310.6 Field inspection shall include operational checks of corrosion control provisions, overpressure and regulating equipment, odorization, repaired leaks, emergency valves, and any other components of the facility.

2310.7 The Commission’s Office of Engineering shall create and maintain the records of such inspections for a period of five (5) years.

2310.8 The Office of Engineering may send a gas corporation or small gas operator a specific information request. If so:

(a) A gas corporation or small gas operator shall respond within fifteen (15) business days after receipt of a specific information request relating to a possible complaint, probable violation of gas safety regulation or gas incident report;

(b) Except as provided in paragraph (a), a gas corporation or small gas operator shall respond within thirty (30) calendar days after receipt of a specific information request.

2310.9 Upon determining that a probable violation of 49 U.S.C. §§ 60101, et seq., or of this chapter or any regulation or order issued thereunder has occurred, the Director of the Office of Engineering, may issue a Warning Letter notifying the gas corporation or small gas operator of the probable violation and advising the gas corporation or small gas operator to correct the violation or be subject to appropriate enforcement action.

History

SOURCE: Final Rulemaking published at 33 DCR 6625, 6628 (October 24, 1986); as amended by Final Rulemaking published 60 DCR 7 (January 4, 2013).

15 DCMR § 2311 NOTICE OF PROBABLE VIOLATIONS

2311.1 When an inspection of an operator’s records and facilities indicates that the operator apparently is not in compliance with a pipeline safety regulation, the investigator shall inform the operator of the probable violation. Whenever the gas corporation or small gas operator has been informed of a probable violation, it shall complete the “Outside Agency Inspection” Form, Section APP 2100-1 or a comparable report providing similar data. A copy of Form APP 2100-1 or that comparable report shall be submitted to the Office of Engineering no later than five (5) business days after the date of the inspection.

2311.2 The Director of the Office of Engineering, may issue a Notice of Probable Violation (NOPV) upon finding good cause to believe a violation of the federal Natural Gas Pipeline Safety Act, 49 U.S.C. §§ 1671, et seq., or title 34 of the D.C. Official Code (2011 Supp.), has occurred.

2311.3 A NOPV shall include:

(a) A statement of the statute, regulation, or rule allegedly violated by a gas corporation or small gas operator;

(b) A description of the evidence indicating a possible violation;

(d) If appropriate, the amount of the proposed civil penalty and the maximum civil penalty applicable under law; and

(e) If appropriate, a statement of the remedial action being sought in a compliance order.

2311.4 The NOPV may include a proposed compliance order.

2311.5 Each gas corporation and small gas operator shall file with the Director of the Office of Engineering, the name, address, and telephone number of the person who will accept service of the report of a probable violation.

2311.6 The report of a probable violation shall cite specifically the gas pipeline safety regulation(s) in apparent violation.

2311.7 Service of the report of probable violation shall constitute formal notice of a probable violation.

History

SOURCE: Final Rulemaking published at 33 DCR 6625, 6628 (October 24, 1986); as amended by Final Rulemaking published at 60 DCR 7 (January 4, 2013).

15 DCMR § 2312 OPPORTUNITY FOR OPERATOR TO RESPOND

2312.1 A gas corporation or small gas operator that is the subject of a formal notice of probable violation shall respond to the Director, Office of Engineering, in writing within thirty (30) days of receipt of the notice.

2312.2 A gas corporation or small gas operator shall respond to the NOPV as follows:

(a) If the NOPV contains a proposed compliance order, a gas corporation or small gas operator may:

(1) Agree to the proposed compliance order;

(2) Request the execution of a consent order; or

(3) Object to the proposed compliance order and submit written explanations, information, or other materials in answer to the allegations in the notice; and

(b) If the NOPV contains a proposed civil penalty, a gas corporation or small gas operator may:

(1) Pay the penalty; or

(2) Submit a written explanation, information, or other material in answer to the allegations in the notice and to mitigate the proposed civil penalty.

2312.3 If a gas corporation or small gas operator objects to the proposed compliance order or civil penalty and submits a written explanation, information or other material in response to the NOPV, the Director of the Office of Engineering, shall review the submissions and determine, in writing, whether there exists good cause to believe a violation has occurred, whether to negotiate further, modify, or withdraw the NOPV, or whether to refer the matter to the Commission for resolution. The Director of the Office of Engineering shall complete this review within sixty (60) calendar days of the receipt of the response and shall serve this determination on the gas corporation or small gas operator.

2312.4 If a gas corporation or small gas operator objects to the determination of the Director of the Office of Engineering, the gas corporation or small gas operator may request a hearing by the Commission within thirty (30) calendar days of the Director’s determination. A request for a hearing must be accompanied by a statement of the issues that the gas corporation or small gas operator intends to raise at the hearing. The issues may relate to the allegations in the NOPV, the proposed compliance order, or the proposed civil penalty. Failure to specify an issue may result in waiver of the right to raise that issue at the hearing.

2312.5 The Director of the Office of Engineering, may execute a consent order jointly with a gas corporation or small gas operator. An executed consent order shall contain:

(a) An admission by a gas corporation or small gas operator of all jurisdictional facts;

(b) An express waiver of further procedural steps and of all right to seek judicial review or otherwise challenge or contest the validity of the order;

(d) A statement of the actions required of the gas corporation or small gas operator and the time by which the actions shall be accomplished.

2312.6 Following an investigation and a determination by the Director of the Office of Engineering, that there exists good cause to believe that a gas corporation or a small gas operator violated minimum pipeline safety requirements, the Director of the Office of Engineering, may assess or negotiate a civil penalty pursuant to D.C. Official Code § 34-706 (2010 Repl. & 2011 Supp.).

2312.7 In proposing a civil penalty, the Director of the Office of Engineering, shall consider the criteria stated in D.C. Official Code § 34-706.

2312.8 A gas corporation or small gas operator shall pay a civil penalty that has been proposed or compromised by submitting to the Commission a check in the correct amount, payable to the U.S. Treasury to the credit of the District of Columbia General Fund.

History

SOURCE: Final Rulemaking published at 33 DCR 6625, 6629 (October 24, 1986); as amended by Final Rulemaking published at 60 DCR 7 (January 4, 2013).

15 DCMR § 2313 COMMISSION ACTION

2313.1 Upon referral of the matter to the Commission for formal resolution, the Commission shall take any of the following actions:

(a) Seek an injunction or mandamus in D.C. Superior Court in cases in which immediate action is necessary;

(b) Issue a show-cause order or schedule a hearing requiring the operator to demonstrate why the operator should not be subject to the penalties set forth in Title 34 of the D.C. Official Code (2011 Supp.); or

2313.2 Failure to obey a Commission order can result in penalties prescribed in Title 34 of the D.C. Official Code (2011 Supp.).

History

SOURCE: Final Rulemaking published at 33 DCR 6625, 6630 (October 24, 1986); as amended by Final Rulemaking published at 60 DCR 7 (January 4, 2013).

15 DCMR § 2314 RECORDS

2314.1 Each gas corporation or small gas operator shall organize, prepare, and maintain all necessary records and reports to insure and to demonstrate compliance with this chapter. All records and reports shall be available for inspection at all times by the Commission, its staff, or its authorized employees in the normal discharge of their duties.

2314.2 Each gas corporation or small gas operator shall maintain specifications for material and equipment, installation, testing, and fabricating.

2314.3 Each gas corporation or small gas operator shall maintain plans covering operating and maintenance procedures, including the maximum allowable operating pressures to which all lines are intended to be subjected.

2314.4 The gas corporation or small gas operator shall record and retain records indicating the location of all pipelines which it owns so that the records are as accurate as reasonably practicable, based on the gas corporation or small gas operator’s information as of two (2) months from the date of installation or change. The installation date of a new or replaced utility is considered the pressure test date of the utility after installation.

History

SOURCE: Final Rulemaking published at 33 DCR 6625, 6630 (October 24, 1986); as amended by Final Rulemaking published at 60 DCR 7 (January 4, 2013).

15 DCMR § 2315 GAS PROCUREMENT REPORT

2315.1 On December 1st, biennially, the Washington Gas Light Company (WGL or Company), shall file a Gas Procurement Report (GPR) setting forth the Company's gas procurement strategies and practices.

2315.2 The GPR shall contain the following information:

(a) Actual annual and monthly gas supply, billing determinants and costs, including weighted average cost of gas, as allocated to major classes of service by jurisdiction;

(b) Actual margins for delivery to Interruptible Sales and special contract customers;

(d) An outline and discussion of the decision-making basis and planning procedures utilized by WGL in its gas procurement activities.

2315.3 The GPR shall consist of information that the Commission has directed be included, as well as other considerations agreed upon by the members of the Gas Procurement Working Group (GPWG). The GPWG, which shall consist of representatives from the Staff of the Commission (Staff), the Office of the People’s Counsel (OPC) and WGL, shall meet periodically to discuss and refine the GPR. However, WGL, not the GPWG, shall formulate the GPR.

2315.4 The GPWG shall review and discuss gas procurement planning activities and strategies. The GPWG shall transfer technical knowledge to the Staff which will ultimately assist in the Commission’s review and evaluation of the Company’s planning activities and strategies.

2315.5 OPC and the public may file comments not later than ninety (90) days from the date of the GPR’s submission to the Commission.

2315.6 WGL should submit reply comments, if any, not later than thirty (30) days from the submission of comments of OPC or the public.

2315.7 The Commission shall review the GPR, OPC’s comments, along with any public comments, and any reply comments and thereafter make public its evaluation of the GPR.

History

SOURCE: Final Rulemaking published at 41 DCR 202 (January 14, 1994); as amended by Final Rulemaking published at 47 DCR 9346 (November 24, 2000); as amended by Final Rulemaking published at 60 DCR 7 (January 4, 2013); as amended by Final Rulemaking published at 64 DCR 11071 (October 27, 2017). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 2315

15 DCMR § 2316 [RESERVED]

15 DCMR § 2317 [RESERVED]

15 DCMR § 2318 [RESERVED]

15 DCMR § 2319 [RESERVED]

15 DCMR § 2320 SMALL GAS OPERATORS

2320.1 Small gas operators subject to the jurisdiction of the Commission shall comply with the requirements, rules, and regulations of this chapter.

2320.2 In the event of an emergency or safety hazard, the Commission shall take either of the following actions:

(a) Order service to the small gas operator interrupted; or

(b) Order the hazard remedied at the operator's expense.

History

SOURCE: Final Rulemaking published at 33 DCR 6625, 6631 (October 24, 1986); as amended by Final Rulemaking published at 60 DCR 7 (January 4, 2013).

15 DCMR § 2321 [RESERVED]

15 DCMR § 2322 [RESERVED]

15 DCMR § 2323 [RESERVED]

15 DCMR § 2324 [RESERVED]

15 DCMR § 2325 [RESERVED]

15 DCMR § 2326 [RESERVED]

15 DCMR § 2327 [RESERVED]

15 DCMR § 2328 [RESERVED]

15 DCMR § 2329 [RESERVED]

15 DCMR § 2330 [RESERVED]

15 DCMR § 2331 [RESERVED]

15 DCMR § 2332 [RESERVED]

15 DCMR § 2333 [RESERVED]

15 DCMR § 2334 [RESERVED]

15 DCMR § 2335 [RESERVED]

15 DCMR § 2336 [RESERVED]

15 DCMR § 2337 [RESERVED]

15 DCMR § 2338 [RESERVED]

15 DCMR § 2339 [RESERVED]

15 DCMR § 2340 [RESERVED]

15 DCMR § 2341 [RESERVED]

15 DCMR § 2342 [RESERVED]

15 DCMR § 2343 [RESERVED]

15 DCMR § 2344 [RESERVED]

15 DCMR § 2345 [RESERVED]

15 DCMR § 2346 [RESERVED]

15 DCMR § 2347 [RESERVED]

15 DCMR § 2348 [RESERVED]

15 DCMR § 2349 [RESERVED]

15 DCMR § 2350 [RESERVED]

15 DCMR § 2351 GENERAL GAS METERING PROVISIONS

2351.1 A representative of the Commission shall check the condition of meters in the meter shop of the gas corporation from time to time by testing random samples of meters ready for installation.

2351.2 When any meter is inactive, whether installed in service or not, for a period of two (2) years or longer, it shall be tested, and adjusted if necessary, before being placed in service again.

2351.3 Meters shall measure cubic feet of gas and bills rendered for gas service, shall contain the readings of the meter at the beginning and ending dates of the billing period and shall state clearly that the bill is based upon actual meter readings by the gas corporation, a customer reading, or an estimate of usage.

2351.4 Care shall be exercised in the use and handling of test equipment to assure that the accuracy is not impaired.

2351.5 Each natural gas corporation which corrects meter readings to compensate for pressure shall have dead weight testers, test quality precision type bourdon tube spring gauges, mercury manometers, or field type dead weight pressure gauges as necessary for the proper testing of the pressure correcting devices.

2351.6 Each gas corporation shall maintain a proper record of the factor(s) used in compensating for pressure and temperature and the basis for computing such factor(s).

2351.7 Upon request, the gas corporation shall provide a record of the factor(s) and the basis for computing the factor(s) to the Commission's Office of Engineering.

2351.8 If these factor(s) are revised, the gas corporation shall immediately inform the Office of Engineering of these changes, in writing, and shall provide the basis for these changes.

2351.9 Each gas corporation which corrects meter readings to compensate for temperature shall have accurate meters and other equipment as necessary for the proper testing of the temperature correcting devices.

2351.10 Meters to be tested shall be stored in a manner that the temperature of the meters is substantially the same as the temperature of the prover.

History

SOURCE: Final Rulemaking published at 35 DCR 7938 (November 4, 1988); as amended by Final Rulemaking published at 60 DCR 7 (January 4, 2013).

15 DCMR § 2352 METERING TESTS

2352.1 Only authorized representatives of a gas corporation shall remove and set meters. Each gas corporation shall keep a record of the dates that each meter is set in and removed from service.

2352.2 The test of any meter or associated devices, or both, shall consist of a comparison of its accuracy with the accuracy of the standards prescribed by the National Bureau of Standards or other methods specified in this chapter.

2352.3 Testing equipment shall be of sufficient capacity and ranges to test meters or associated devices, or both, under the conditions specified in § 2360.

2352.4 Bell provers may be used to test diaphragm, rotary, and turbine type meters. A prover that is used to test rotary and turbine type meters shall be properly automated and have a satisfactory readout. The test shall consist of passing a specific volume of air through the prover and the meter. The accuracy or proof is either read or calculated from the prover scale or the readout.

2352.5 Approved working standards other than bell provers may be used to test diaphragm, rotary, and turbine type meters.

2352.6 The meter to be tested shall be connected to the approved working standard so that the same volume of air, either under pressure or vacuum, passes through both.

2352.7 The uncorrected accuracy shall be calculated or read directly from the readout on the working standard. Corrections shall be made for pressure and temperature differentials between the meter under test and the working standard to determine the corrected accuracy.

History

SOURCE: Final Rulemaking published at 35 DCR 7938, 7939 (November 4, 1988); as amended by Final Rulemaking published at 60 DCR 7 (January 4, 2013).

15 DCMR § 2353 METER TESTING FACILITIES

2353.1 Each gas corporation subject to the Commission's jurisdiction shall maintain or designate a meter shop within the Washington, D.C. metropolitan area for the purpose of inspecting, testing, and repairing meters. The gas corporation shall be responsible for the operation of a meter shop.

2353.2 The shop shall be open for inspection by authorized representatives of the Commission at all reasonable times, and the facilities and equipment, as well as the methods of making the measurements and test employed, shall be subject to the Commission’s approval.

2353.3 The area within the meter shop used for the testing of meters shall be designed so that the meters and meter testing equipment are protected from draft and excessive changes of temperature.

2353.4 The meter shop shall be air-conditioned, if necessary, in order to achieve satisfactory temperature control.

History

SOURCE: Final Rulemaking published at 35 DCR 7938, 7940 (November 4, 1988); as amended by Final Rulemaking published at 60 DCR 7 (January 4, 2013).

15 DCMR § 2354 BELL PROVERS

2354.1 Each gas corporation testing meters with bell provers shall do the following:

(a) Own and maintain, or have access to, one (1) or more approved bell type meter provers of appropriate size, and all other equipment necessary to test meters, which shall be installed in the meter room;

(b) Provide the means to maintain the temperature of the liquid in the bell provers at substantially the same level as the air temperature in the prover room. The maximum difference in temperature shall not be more than two degrees Fahrenheit (2° F);

(c) Maintain each bell prover in good condition and correct adjustment shall be accurate within plus or minus three tenths of one percent (± 0.3%) at each point used in testing meters; and

(d) Calibrate each bell prover at least once every three (3) years. If moved or disassembled, the accuracy of a bell prover shall be determined by using one (1) or more of the methods as follows:

(1) By comparison to a one cubic foot (1 ft,³) cubic foot standard calibrated by the National Bureau of Standards;

(2) By strapping with a calibrated tape whose accuracy is traceable to the National Bureau of Standards; or

(3) By comparison to an approved transfer standard for a bell in excess of five cubic feet (5 ft.3).

2354.2 Each gas corporation testing meters by standards other than bell provers shall do the following:

(a) Test meters which are too large for testing on a five cubic foot (5 ft.3) bell prover by other approved methods and by use of approved working standards;

(b) Maintain the approved working standards in good condition and correct adjustment, with a high degree of repeatability, and capable of determining the actual proof of the meter under test to within plus or minus five tenths of one percent (± 0.5%) at rates of flow between fifteen percent (15%) and one hundred percent (100%) of rated capacity of the meter under test; and

(c) Test the approved working standards for accuracy by comparison with an acceptable standard at least once every three (3) years.

2354.3 Each standard shall be accompanied at all times by a certificate or calibration card, duly signed and dated, on which are recorded the corrections required to compensate for errors found at the customary test points at the time of the previous test.

History

SOURCE: Final Rulemaking published at 35 DCR 7938, 7940 (November 4, 1988); as amended by Final Rulemaking published at 60 DCR 7 (January 4, 2013).

15 DCMR § 2355 TEST OF TURBINE METERS

2355.1 Turbine meters for which the manufacturer has established minimum spin times, may be spin tested to determine their in-service condition.

2355.2 Turbine meters shall be given a spin test at least once every twelve (12) months unless covered under an approved in-service performance testing program.

2355.3 Any meter found to have a spin time less than the manufacturer's recommended minimum and which cannot be brought up to the minimum by cleaning and lubrication shall be changed and replaced with an accurate meter.

History

SOURCE: Final Rulemaking published at 35 DCR 7938, 7942 (November 4, 1988); as amended by Final Rulemaking published at 60 DCR 7 (January 4, 2013).

15 DCMR § 2356 PRE-INSTALLATION TESTS OF ROTARY METERS

2356.1 Rotary meters on which an original test record of the differential pressures is established, as soon as practicable after installation, may subsequently be tested by comparing the new differential pressures with the original test record. This subsequent test may be in place of normal testing with a bell prover or other approved working standard.

2356.2 In establishing the original test record, the pressure differential shall be recorded at two (2) or more load levels, with the minimum being no less than twenty percent (20%) of the rated capacity at the operating pressure of the meter.

2356.3 The meters shall be given a differential pressure test at least once every twenty-four (24) months unless covered under an approved in-service performance testing program.

2356.4 When the test differential pressure differs from the original test record by more than fifty percent (50%), the meter shall not be used for measurement for revenue billing purposes until, by cleaning or repairing, the differential pressure is not more than fifty percent (50%) in excess of the original test record.

2356.5 If the differential pressure cannot be brought within the above limits by cleaning or repairing, the meter shall be removed from service and replaced with an accurate meter.

2356.6 The differential pressure test shall not be used as a periodic test on rotary meters having a rated capacity of less than eight hundred (800) cubic foot per hour (cfh), or on rotary meters on which the results of a differential pressure test would not be conclusive, such as meters connected to the following:

(a) Loads which are less than twenty percent (20%) for the rated capacity of the meters; or

(b) Rapidly fluctuating loads.

History

SOURCE: Final Rulemaking published at 35 DCR 7938, 7942 (November 4, 1988); as amended by Final Rulemaking published at 60 DCR 7 (January 4, 2013).

15 DCMR § 2357 PRE-INSTALLATION TESTS OF PRESSURE CORRECTING DEVICES

2357.1 While the pressure element is actuated, the mechanism may be driven either manually or by a motor. A dead weight tester or regulated air or gas pressure may be used to actuate the pressure element. If regulated air or gas pressure is used, a pressure gauge having an accuracy of plus or minus one fourth of one percent (± 0.25%) of full scale shall be used to indicate the pressure on the element.

2357.2 Each gas corporation shall apply a specific pressure to the pressure element and the uncorrected counter or calibrating mechanism shall be advanced a predetermined number of counts. The number of counts by which the corrected counter or calibrating mechanism has been advanced shall be recorded. The accuracy shall be calculated by comparing the number of counts that the corrected counter or calibrating mechanism has been advanced with the actual number of counts required for the pressure at which the test was made.

2357.3 Electronic pressure correcting devices shall be calibrated following the manufacturer's recommended procedures.

History

SOURCE: Final Rulemaking published at 35 DCR 7938, 7943 (November 4, 1988); as amended by Final Rulemaking published at 60 DCR 7 (January 4, 2013).

15 DCMR § 2358 PRE-INSTALLATION TESTS OF TEMPERATURE CORRECTING DEVICES

2358.1 Each gas corporation shall test temperature correcting devices by driving the mechanism while the temperature sensor is immersed in a temperature bath containing a precision thermometer that has an accuracy of plus or minus one half of one degree Fahrenheit (± 0.5° F).

2358.2 Each gas corporation shall apply specific, reasonably constant temperatures to the temperature sensor. The temperatures used may be the operating (flowing gas) temperature, ambient temperature, or an ice bath at thirty-two degrees Fahrenheit (32° F). The temperature sensor shall be tested at not less than two (2) points, preferably with temperatures at least twenty degrees Fahrenheit (20° F) apart.

2358.3 At each temperature test point, the counter or calibrating mechanism shall be advanced a predetermined number of counts. The number of counts by which the corrected counter or calibrating mechanism has been advanced shall be recorded. The accuracy shall be calculated by comparing the number of counts that the corrected counter or calibrating mechanism has been advanced with the actual number of counts required for the temperature at which the test was made.

2358.4 Electronic temperature correcting devices shall be calibrated following the manufacturer's recommended procedures.

History

SOURCE: Final Rulemaking published at 35 DCR 7938, 7943 (November 4, 1988); as amended by Final Rulemaking published at 60 DCR 7 (January 4, 2013).

15 DCMR § 2359 PRE-INSTALLATION TESTS OF TIMING DEVICES

2359.1 The test of a timing device shall consist of precisely synchronizing the timing device and the working standard at the start of the test time interval. At the end of the test time interval, the working standard shall be stopped and the reading recorded. The accuracy shall be calculated by comparing the actual time elapsed with the test time interval.

History

SOURCE: Final Rulemaking published at 35 DCR 7938, 7944 (November 4, 1988); as amended by Final Rulemaking published at 60 DCR 7 (January 4, 2013).

15 DCMR § 2360 PRE-INSTALLATION ACCURACIES

2360.1 All tolerances shall be interpreted as maximum permissible variation from the condition of zero (0) error. In making adjustments, no advantage of the prescribed tolerance limits shall be taken to set meters fast.

2360.2 In the reading and recording of data the following standards shall apply:

(a) In any test or calibration, the devices or instruments used in the test or calibration shall be read to the maximum degree of readability;

(b) The degree of accuracy achieved in the calculations involved in determining the accuracy of a meter, prover, device, or instrument in any test or calibration shall be consistent with the purpose for which the resultant accuracy is to be used; and

2360.3 The overall accuracy or proof of a meter and an associated device, which affects the meter readings for billing purposes, shall not be more than one half percent (0.5%) fast or more than one and a half percent (1.5%) slow.

2360.4 Diaphragm meters shall not be placed or left in service unless found upon testing to comply with the following:

(a) The meter shall not be more than one half percent (0.5%) fast nor more than one and a half percent (1.5%) slow at check flow or at full rated flow;

(b) The proof at full rated flow shall not differ from the proof at check flow by more than one percent (1%); and

(c) When air is used for testing meters, the rate of flow shall be adjusted to compensate for the difference in the specific gravity of air and the specific gravity of gas.

2360.5 Rotary tube meters shall be tested at not less than fifteen percent (15%) of full rated flow. A gas corporation shall not install a rotary meter which is more than one half percent (0.5%) fast or more than one and a half percent (1.5%) slow at the points of test.

2360.6 Turbine type meters shall be tested at not less fifteen percent (15%) of full rated flow. The meters shall not be more than one half percent (0.5%) fast or more than one and half percent (1.5%) slow at the points of test.

2360.7 Pressure correcting devices shall not be more than one half percent (0.5%) fast or more than one and a half percent (1.5%) slow in the pressure range for which the instrument is intended to be used.

2360.8 Temperature correcting devices shall not be more than one half percent (0.5%) fast or more than one and a half percent (1.5%) slow at the points at which they are tested.

2360.9 Timing devices shall not have an error of more than one fourth of one percent (0.25%).

2360.10 Before a meter may be installed for revenue billing purposes the gas corporation shall inspect and test the meter, and adjust it if necessary, so that its proof is within the tolerances specified in this section.

2360.11 New meters in Group I, as specified in § 2370.4, may be sample tested for proof in accordance with a gas corporation’s sample plan of testing, acceptable to the Commission.

History

SOURCE: Final Rulemaking published at 35 DCR 7938, 7944 (November 4, 1988); as amended by Final Rulemaking published at 60 DCR 7 (January 4, 2013).

15 DCMR § 2361 [RESERVED]

15 DCMR § 2362 LEAK TESTS

2362.1 The meter shall not leak when subjected to pressure and shall be checked for leaks in the following manner:

(a) Immersion;

(b) Soap test; or

2362.2 Tinned steel case meters shall be subjected to an internal pressure of at least two pounds (2 lbs.) per square inch gauge (psig) when testing for leaks.

2362.3 Iron or aluminum case meters shall be tested at a pressure at least fifty percent (50%) above operating pressure. The meters may be sample tested in accordance with the plan described in § 2360.11. If one (1) or more meters in the sample is found to leak, additional testing shall be done as described in § 2360.11.

History

SOURCE: Final Rulemaking published at 35 DCR 7938, 7946 (November 4, 1988); as amended by Final Rulemaking published at 60 DCR 7 (January 4, 2013).

15 DCMR § 2363 [RESERVED]

15 DCMR § 2364 [RESERVED]

15 DCMR § 2365 [RESERVED]

15 DCMR § 2366 [RESERVED]

15 DCMR § 2367 REQUEST TESTS

2367.1 Upon a customer’s request and at no charge, the gas corporation shall make a test of the accuracy of the meter serving the customer; provided that the meter has not been tested within twelve (12) months prior to such request.

2367.2 The gas corporation shall also test the accuracy of the following:

(a) The pressure device;

(b) The temperature correcting device, if any;

(d) Any other device or instrument used in measuring gas consumption.

2367.3 The customer, or his or her representative, may be present when the meter is tested but shall not interfere with the testing.

2367.4 A report of the results of the test shall be made to the customer within a reasonable time after the completion of the test, and a record of the report, together with a complete record of the test, shall be kept on file at the office of the gas corporation for at least three (3) years.

2367.5 If a consumer complaint hearing is held at the Commission pertaining to meter accuracy, all relevant documentation shall be made part of the official record.

History

SOURCE: Final Rulemaking published at 35 DCR 7938, 7946 (November 4, 1988); as amended by Final Rulemaking published at 60 DCR 7 (January 4, 2013).

15 DCMR § 2368 REFEREE TESTS

2368.1 Upon a customer’s written application to the Commission, a test shall be made of the customer's meter as soon as practicable that shall be witnessed by a representative of the Commission.

2368.2 A one dollar ($1) fee shall be paid at the same time of the application by check or money order made payable to the gas corporation.

2368.3 On receipt of the request from a customer, the Commission shall notify the gas corporation, and the gas corporation shall not knowingly remove or adjust the meter until instructed by the Commission.

2368.4 The customer, or his or her representative, may be present when the meter is tested but shall not interfere with the testing.

2368.5 Included in the referee test of the meter shall be a test for the accuracy of the following:

(a) The pressure device;

(b) The temperature correcting device, if any;

(d) Any other device or instrument used in measuring gas consumption.

2368.6 A written report of the results of the test shall be sent to the customer.

2368.7 If a consumer complaint hearing is held at the Commission pertaining to the meter accuracy, all relevant documentation shall be made a part of the official record.

2368.8 If the meter is found to over-register or under-register consumption by more than two percent (2%), the gas corporation shall credit the customer for the one dollar ($1) testing fee.

History

SOURCE: Final Rulemaking published at 35 DCR 7938, 7947 (November 4, 1988); as amended by Final Rulemaking published at 60 DCR 7 (January 4, 2013).

15 DCMR § 2369 AS FOUND TESTING

2369.1 Meters or associated metering devices, or both, shall be tested in place or after they are removed from service. These tests shall be made before the meters or associated metering devices, or both, are adjusted, repaired, or retired.

History

SOURCE: Final Rulemaking published at 35 DCR 7938, 7948 (November 4, 1988); as amended by Final Rulemaking published at 60 DCR 7 (January 4, 2013).

15 DCMR § 2370 PERIODIC AND PERFORMANCE TESTING

2370.1 Each gas corporation shall periodically test its meters, associated devices, and instruments to assure their accuracy unless otherwise authorized or required by the Commission.

2370.2 Each gas corporation may elect to test all meters in each group in accordance with the Periodic and Performance Testing Program, as set forth in this section, or in accordance with § 2371, the In-Service Performance Testing Program, or in accordance with any other meter testing program approved by the Commission’s Office of Engineering.

2370.3 Each gas corporation shall notify the Commission's Office of Engineering within twelve (12) months of the effective date of this section, which method it will follow for each group, and the election shall then be effective for at least five (5) years.

2370.4 Meters shall be grouped as follows:

(a) Group I - Up to and including four hundred fifty (450) cfh rated capacity;

(b) Group II - Over four hundred fifty (450) cfh capacity and up to and including one thousand eight hundred (1,800) cfh rated capacity; and

2370.5 The meter test schedule for the respective groups shall be as follows:

(a) Group I meters shall be tested at least once in fourteen (14) years;

(b) Group II meters shall be tested at least once in ten (10) years; and

2370.6 Pressure compensating devices and pressure recording devices shall be tested at least once every twenty-four (24) months.

2370.7 Temperature compensating devices and temperature recording devices shall be tested at least once every twenty-four (24) months.

2370.8 Regulators associated with meters shall have the same interval between tests as its associated meter.

History

SOURCE: Final Rulemaking published at 35 DCR 7938, 7948 (November 4, 1988); as amended by Final Rulemaking published at 60 DCR 7 (January 4, 2013).

15 DCMR § 2371 IN-SERVICE PERFORMANCE TESTING

2371.1 The Commission's in-service performance testing program is designed to adjust automatically the number of meters required to be tested by a gas corporation based solely on the performance of the gas corporation’s meters, as determined by § 2371.3.

2371.2 For the purpose of the in-service performance testing program, meters within Groups I, II, and III, as described in § 2370.4, shall be further subdivided into homogeneous subgroups. A typical sub-group shall include all meters of the same manufacturer and type. The requirements of this chapter shall be applied separately to each sub-group.

2371.3 The In-Service Performance Test required each year shall be computed from the following formulas:

(a) Group I Meters (less than four hundred fifty (450) cfh capacity):

r = .02 + .3d

where r = ratio of meters to be tested; d = ratio of meters tested in previous year and found to have a check proof less than ninety-eight percent (98%) or more than one hundred two percent (102%) as reported to the nearest half percent (1/2%);

(b) Group II (four hundred fifty (450) cfh through one thousand eight hundred (1,800) cfh

r = .03 + .5d;

(r and d defined as above); and

r = .05 + .85d

(r and d defined as above).

2371.4 Test results accumulated on meters tested in one (1) calendar year shall be reported to the Commission by April 1st of the following year. The required percentage as calculated in § 2371.3 shall be used to determine the number of meters to be tested during the succeeding calendar year. The report to the Commission shall include for each subgroup the following:

(a) The number of meters tested as part of the in-service testing program during the last year;

(b) The number of meters that failed;

(d) The number of meters in-service over one (1) year as of January 1 of the current year; and

(e) The number of meters to be tested in the current year.

2371.5 The meters required to be tested as a result of the application of the proper formula in § 2371.3 shall include those meters removed for cause. The additional meters which shall be tested to meet the required percentage as calculated in § 2371.3 shall be those meters in service longest without being tested including:

(a) Meters removed from fire;

(b) Meters removed from damage or hung;

(d) Meters in-service less than one (1) year; or

(e) Meters damaged in transit and cannot be tested.

2371.6 The tests of the meters listed in § 2371.5 shall not be used in determining the following year's ratio and may not be counted as fulfilling the current year's requirement.

2371.7 The gas corporation may review the meter performance of each subgroup annually. Based on this review, the gas corporation may take the following actions:

(a) If two (2) subgroups in the same capacity class show similar test results for two (2) consecutive years, they may be considered as a single subgroup for reporting purposes; or

(b) If a subgroup can be shown to have one (1) or more parts that have dissimilar test results from the remainder of the subgroup, each part may be reported and treated as a separate subgroup.

2371.8 Analysis of meter tests shall consist of the following:

(a) The Commission shall review the annual reports of meter test results and shall consult with each gas corporation concerning the percent of meters to be tested in each subgroup during the succeeding calendar year; and

(b) Each gas corporation shall analyze its meter test results for the purpose of identifying the meter types which have poor accuracy characteristics.

History

SOURCE: Final Rulemaking published at 35 DCR 7938, 7949 (November 4, 1988); as amended by Final Rulemaking published at 60 DCR 7 (January 4, 2013).

15 DCMR § 2372 [RESERVED]

15 DCMR § 2373 [RESERVED]

15 DCMR § 2374 CHARACTERISTICS OF GAS SUPPLIED TO CONSUMERS

2374.1 The determination of the characteristics of gas supplied to consumers may be made at any of the Commission's testing stations, or at any testing station designated by the Commission, at any hour by the use of standard gas testing devices or instruments.

2374.2 Each gas corporation shall apply the following standards:

(a) The daily heating value for any day shall be the average heating value of all gas distributed on that day;

(b) The monthly average heating value for any calendar month shall be the average of all the daily heating values of that calendar month weighted in proportion to the daily sendout. Provided, that this value shall be based on not less than twenty (20) daily heating values during that calendar month; and

(c) Delivered natural gas is defined as a natural gas with a heating value of not less than nine hundred sixty-seven British thermal unit per cubic foot (967 BTU ft.3) and a specific gravity as determined by the gas corporation at the commencement of deliveries or arithmetically averaging the hourly specific gravity record obtained from a recording gravitometer or other method.

2374.3 All gas transmitted or distributed by any gas corporation in the District of Columbia shall have a distinctive odor to serve as a warning to the consumer in the event of the escape of any unburned gas.

History

SOURCE: Final Rulemaking published at 35 DCR 7938, 7951 (November 4, 1988); as amended by Final Rulemaking published at 60 DCR 7 (January 4, 2013).

15 DCMR § 2375 SUPPLEMENTAL GAS PROVIDED BY STANDBY PLANT

2375.1 Mixtures of natural gas and the supplemental gas as provided by the standby plant shall be of heating value and burning characteristics as near as practicable to that of the currently used natural gas.

2375.2 On each day that supplemental gas is delivered to mains for the use of customers, the daily average heating value of gas distributed shall be the weighted value for the supplemental gas and the natural gas sent out on such day.

2375.3 The supplemental gas shall be mixed with the maximum natural gas available and practicable before being delivered to the distribution system.

History

SOURCE: Final Rulemaking published at 35 DCR 7938, 7952 (November 4, 1988); as amended by Final Rulemaking published at 60 DCR 7 (January 4, 2013).

15 DCMR § 2376 IMPURITIES OF GAS

2376.1 The gas supplied by any gas corporation shall not show the presence of any hydrogen sulphide at levels greater than twenty-five hundredths (0.25) grains per one hundred (100) standard cubic feet (SCF) of gas and shall not contain more than twenty (20) grains of total sulphur in one hundred (100) SCF of gas as measured at the custody transfer point of a gas corporation and its supply source.

2376.2 The test for hydrogen sulphide, or such test as may be approved by the Commission, shall be made by the methylene blue test as defined in American Society for Testing Materials (ASTM) #D2725. This method covers the determination of hydrogen sulphide in natural gas for not more than one (1.0) grain of hydrogen sulphide per one hundred (100) SCF (Standard x Cubic Feet), or twenty-three milligrams per meter cube (23 mg/m3).

History

SOURCE: Final Rulemaking published at 35 DCR 7938, 7952 (November 4, 1988); as amended by Final Rulemaking published at 60 DCR 7 (January 4, 2013).

15 DCMR § 2377 PRESSURE OF GAS SUPPLIED TO CONSUMERS

2377.1 The gas supplied by corporation low pressure (LP) district regulator station shall be maintained at a pressure of not less than six inches (6 in.) or more than ten inches (10 in.) of water pressure. Certain customers, however, require higher pressures which may be mutually agreed upon by the customer and the gas corporation.

2377.2 The daily variation in the low pressure network system, during any day at any gauge station, shall not exceed two and a half inches (2.5 in.) of water pressure.

2377.3 There shall be supplied, installed, and maintained by each gas corporation pressure gauges which shall furnish an accurate record of the pressure maintained throughout the District of Columbia. The records shall include the following:

(a) The type, number, and locations of pressure gauges shall be approved by the Commission;

(b) The gauges shall be subject to inspection and test by the Commission at any time;

(c) The original record of each and every gauge shall be available for inspection by the Commission and shall be preserved for at least one (1) year;

(d) The maximum and minimum pressures measured at each gauge during all gauge periods, and the number and magnitude of daily variations in excess of the daily variation provided for in § 2377.2, shall be reported to the Commission monthly, on or before the tenth (10th) day of each month; and

(e) Additional gauges shall be installed whenever and wherever ordered by the Commission.

2377.4 In cases where it is necessary to install a pressure regulator or governor on the consumer's premises ahead of the consumer's meter, the regulator shall be installed in accordance with the Gas Fitting Regulations for the District of Columbia.

2377.5 The gas corporation shall inspect the regulator and vent pipes when installed, and thereafter at intervals not greater than the time of the periodic test for the meter it supplies, to determine that they are in safe operating condition. If found faulty in any respect, the fault shall be corrected immediately.

History

SOURCE: Final Rulemaking published at 35 DCR 7938, 7952 (November 4, 1988); as amended by Final Rulemaking published at 60 DCR 7 (January 4, 2013).

15 DCMR § 2378 [RESERVED]

15 DCMR § 2379 [RESERVED]

15 DCMR § 2380 [RESERVED]

15 DCMR § 2381 [RESERVED]

15 DCMR § 2382 [RESERVED]

15 DCMR § 2383 [RESERVED]

15 DCMR § 2384 [RESERVED]

15 DCMR § 2385 [RESERVED]

15 DCMR § 2386 [RESERVED]

15 DCMR § 2387 [RESERVED]

15 DCMR § 2388 [RESERVED]

15 DCMR § 2389 [RESERVED]

15 DCMR § 2390 [RESERVED]

15 DCMR § 2391 [RESERVED]

15 DCMR § 2392 [RESERVED]

15 DCMR § 2393 [RESERVED]

15 DCMR § 2394 [RESERVED]

15 DCMR § 2395 [RESERVED]

15 DCMR § 2396 [RESERVED]

15 DCMR § 2397 PENALTIES

2397.1 Failure to comply with this chapter may result in the penalties described specified in this chapter, for failure to comply with the Commission’s rules and regulations.

2397.2 The penalties in this chapter are for violations of any regulation governing the safety of gas pipeline facilities and the transportation of gas. Each violation shall be subject to a civil penalty not to exceed one hundred thousand dollars ($100,000) or a greater maximum penalty established by federal laws and regulation at the time of the violation for each violation for each day that the violation persists. The maximum civil penalty shall not exceed one million dollars ($1,000,000) or a greater maximum penalty established by federal laws and regulations at the time of the violation for any related series of violations.

2397.3 Any person who refuses to provide natural gas safety records upon the proper request of the Commission shall be subject to the penalties set forth in D.C. Official Code § 34-705 (2010 Repl.).

2397.4 The following are the base amounts to be charged for violations of the Commission’s rules on pipeline safety:

Violation

15 DCMR

Amount

Failure to make property and records accessible to the Commission

§ 2302.4

$5,000

Failure to provide public information

§ 2304

$20,000

Failure to implement safety requirement

§ 2305

$20,000

Failure to file incident reports or provide timely and accurate notice of pipeline incident

§ 2306

$5,000

Failure to file operation and maintenance plans and modifications thereof

§ 2307

$5,000

Failure to file emergency contact information

§ 2308

$2,000

Failure to establish and implement an emergency plan

§ 2308

$20,000

Failure to provide contact information

§ 2308.1

$2,000

Failure to keep records and make available for inspection

§ 2314.1

$10,000

Failure to maintain specifications for material and equipment, installations, testing and fabricating

§ 2314.2

$10,000

Failure to maintain plans covering operating and maintenance procedures

§ 2314.3

$20,000

Failure to file gas procurement report

§ 2315

$5,000

Failure of small gas operator to comply with Commission requirements, rules and regulations

§ 2320

$5,000

Failure to operate, maintain and test meters

§§ 2351- 2371

$5,000

Failure to supply gas meeting standard characteristics

§§ 2374- 2377

$5,000

2397.5 The following are the base amounts to be charged for intrastate violations of the United States Department of Transportation rules on pipeline safety:

Violation

49 C.F.R.

Amount

Failure to give timely and accurate notice of pipeline incident

§§ 191.5 - 191.7

$5,000

Failure to provide incident or annual reports

§§ 191.9 - 191.11

$5,000

Failure to provide transmission incident or annual reports

§§ 191.15 - 191.17

$5,000

Failure to report safety-related conditions on a timely basis

§ 191.23

$5,000

Operation of pipeline without meeting requirements of 49 C.F.R. § 192.13

§ 192.13

$20,000

Operation of pipeline without meeting requirements of 49 C.F.R. § 192.14

§ 192.14

$10,000

Failure to provide customer notification

§ 192.16

$10,000

Failure to meet minimum requirements for selection and qualification of pipeline and pipeline components

§§ 192.53 - 192.59

$10,000

Failure to properly mark pipe and pipeline components

§ 192.63

$10,000

Failure to properly design pipe and installation of improperly designed pipe

§§ 192.105 - 192.125

$10,000

Failure to properly design pipeline components and installation of improperly designed pipeline components

§§ 192.141 - 192.203

$10,000

Failure to properly weld materials in pipelines

§§ 192.221 - 192.245

$20,000

Failure to properly join materials in pipelines, other than by welding

§§ 192.271 - 192.287

$20,000

Failure to properly construct transmission lines and mains

§§ 192.303 -

192.328

$20,000

Failure to properly install customer meters, service regulators, service lines, service line valves and service line connections to mains

§§ 192.351 -192.383

$20,000

Failure to properly protect metallic pipelines from corrosion

§§ 192.451 - 192.491

$20,000

Operation of pipelines without proper testing and remediation

§§ 192.503 - 192.517

$20,000

Failure to meet minimum requirements for the operation of pipeline facilities

§§ 192.603 -

192.631

$20,000

Failure to meet minimum requirements for maintenance of pipeline facilities

§§ 192.701 -

192.755

$20,000

Failure to meet minimum requirements for operator qualification

§§ 192.801 -192.809

$20,000

Failure to meet minimum requirements for integrity management

§§ 192.901 - 192.1015

$20,000

Failure to maintain and follow a written anti-drug plan consistent with the federal rules

§ 199.101

$20,000

Employing a person who fails or refuses a drug test

§ 199.103

$50,000

Failing to conduct tests for the presence of a prohibited drug

§ 199.105

$10,000

Failure to use certified drug testing laboratories

§ 199.107

$10,000

Failure to provide for medical review officers and procedures

§§ 199.109 - 199.111

$5,000

Failure to provide an Employee Assistance Program

§ 199.113

$5,000

Failure of a contractor to allow compliance monitoring

§ 199.115

$5,000

Failure to keep proper records

§ 199.117

$5,000

Failure to establish and enforce alcohol misuse programs and plans

§§ 199.202 -

199.225

$20,000

Failure to keep proper records or to report on alcohol misuse programs and testing and failure to provide access to facilities and records

§§ 199.227 - 199.231

$20,000

Failure to remove a covered employee from a covered function

§§ 199.233 -199.237

$30,000

Failure to promulgate a policy on the misuse of alcohol

§ 199.239

$5,000

Failure to ensure supervisor training and to provide referral, evaluation and treatment

§§ 199.241 -199.243

$5,000

2397.7 The Commission shall consider the following factors in determining the amount of any civil penalty:

Adjustment Criteria

Effect

Appropriateness of the penalty to the size of the business

of the person charged

100% Increase

50% Decrease

Gravity of the violation (including environmental considerations)

200% Increase

Good faith of the person charged in attempting

to achieve compliance

25% Decrease

2397.8 The Commission may consider the following downward adjustment criteria in determining the amount of any civil penalty:

Downward Adjustment Criteria

Effect

Minor Violation

50% Decrease

Voluntary Disclosure

50% Decrease

History of Overall Compliance

50% Decrease

Inability to Pay

25% Decrease

2397.9 The Commission may consider the following upward adjustment criteria in determining the amount of any civil penalty:

Upward Adjustment Criteria

Effect

Misrepresentation or Lack of Candor

100% Increase

Ability to Pay/Relative Disincentive

100% Increase

Intentional Violation

300% Increase

Substantial Threat to Public Safety

500% Increase

Prior Violation of Commission Requirements

100% Increase

Economic Benefit

100% Increase

Repeated or Continuous Violation

200% Increase

Inadequate Supervision

300% Increase

History

SOURCE: Final Rulemaking published at 33 DCR 6625, 6631 (October 24, 1986); as amended by Final Rulemaking published at 49 DCR 8223 (August 23, 2002); as amended by Final Rulemaking published at 60 DCR 7 (January 4, 2013); as amended by Final Rulemaking published at 67 DCR 11091 (September 18, 2020); as amended by Errata Notice published at 68 DCR 005253 (May 14, 2021). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 2397

15 DCMR § 2398 WAIVER

2398.1 The Commission may upon request, or on its own initiative after notice to the parties of its intention do so, waive any provision of this chapter for good cause.

History

SOURCE: Final Rulemaking published at 33 DCR 6625, 6631 (October 24, 1986); as amended by Final Rulemaking published at 49 DCR 8223 (August 23, 2002); as amended by Final Rulemaking published at 60 DCR 7 (January 4, 2013); as amended by Final Rulemaking published at 67 DCR 11091 (September 18, 2020); as amended by Errata Notice published at 68 DCR 005253 (May 14, 2021). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 2398

15 DCMR § 2399 DEFINITIONS

2399.1 The terms used in this chapter shall have the meaning ascribed to the definitions appearing in 49 C.F.R. §§ 190.3, 191.3, 192.3, and 199.3 except as otherwise defined in this chapter

2399.2 When used in this chapter, the following terms and phrases shall have the meaning ascribed:

ASTM – formerly the American Society for Testing and Materials, now ASTM International.

British thermal unit (BTU) - the quantity of heat necessary to raise one pound (1 lb.) of water one degree Fahrenheit (1° F).

Business Districts - the principal business areas in an urban community, including where:

The public regularly congregates in buildings used for business, health, educational or religious activities;

The majority of buildings on either side of the street are used for business, health, or religious activities;

The gas facilities are under continuous paving that extends from the centerline of the thoroughfare to the building wall or from the main to the building wall; and

Any other location or site that in the gas corporation’s judgment should be designated as a business district.

Cfh - cubic feet per hour.

Conversion Factor - the conversion factor is the factor which converts the British Thermal Units in one hundred cubic feet (100 ft.3) of gas into therms.

Gas Corporation - every corporation, association, joint-stock corporation or association, partnership, or person manufacturing, making, distributing, or selling gas for light, heat or power, or for any public use in the District of Columbia, their lessees, trustees, or receivers, appointed by any court, who own, operate, control, or manage any gas plant except where the gas is made or produced and distributed by the maker on or through private property solely for its own use or the use of its tenants and not for sale to or for the use of others.

Gas Plant - buildings, easements, real estate, mains, pipes, conduits, service pipes, services, pipe galleries, meters, boilers, water-gas sets, retorts, fixtures, condensers, scrubbers, purifiers, holders, materials, apparatus, personal property, and franchises, and property of every kind used in the conduct of the business operated, owned, controlled, used or to be used for or in connection with or to facilitate the manufacture, distribution, sale, or furnishing of gas (natural or manufactured) for light, heat, or power.

Heating Value - the "total heating value," as this term is used in the gas industry and as it is defined in the Bureau of Standards Circular No. 405 - STANDARDS FOR GAS SERVICE.

Integrity Management Program – an overall approach by the operator to ensure the integrity of its gas distribution system.

Intrastate - within the District of Columbia.

Master Meter System - a pipeline system for distributing gas within, but not limited to, a definable area, such as a housing project, apartment complex, or mobile home park, where the operator purchases metered gas from an outside source for resale through a gas pipeline distribution system. The gas distribution pipeline system supplies the ultimate consumer who either purchases the gas directly through a meter or by other means, such as by rents.

Places of Public Assembly - a building or portions of a building used for gathering together of one hundred (100) or more persons, the capacity being designated by the Fire Department, for common purposes of deliberation, worship, or services, such as, but not limited to, churches, schools, hospitals, halls, theaters, and municipal facilities.

PSIG - pounds per square inch gauge.

Proof of Meter - the ratio expressed in percent of the volume of gas passed through the meter to the volume registered by the meter under standard testing conditions.

Referee Test - a test conducted by a gas corporation or small gas operator and witnessed by a representative of the Commission upon a customer’s written application and for a fee.

Request Test - a test conducted by a gas corporation or small gas operator upon a customer’s request and at no charge, provided the meter has not been tested within twelve (12) months prior to such a request.

Small Gas Operator - one who operates a master meter system with fewer than one thousand five hundred (1,500) services and who has two (2) additional characteristics:

(a) Distributes gas by using underground or exterior piping serving multiple buildings in the District of Columbia; and

(b) Resells gas (metered or unmetered) to ultimate gas consumers for use in consumers' appliances.

Volume of Gas - the volumes of gas specified in this chapter for testing purposes shall be understood to be at a temperature of sixty degrees Fahrenheit (60° F) and under a pressure of fourteen and seventy-four hundreds (14.74) pounds per square inch absolute (PSIA).

History

SOURCE: Final Rulemaking published at 33 DCR 6625, 6631 (October 24, 1986); as amended by Final Rulemaking published at 35 DCR 7938, 7953 (November 4, 1988); as amended by Final Rulemaking published at 38 DCR 2381, 2382 (April 26, 1991); as amended by Final Rulemaking published at 60 DCR 7 (January 4, 2013).

15-24 UNIFORM SYSTEM OF ACCOUNTS FOR TELEPHONE CORPORATIONS

15 DCMR § 2400 COMMISSION AUTHORITY

2400.1 Under D.C. Code §43-510 (1981 Ed.), the Commission shall prescribe the forms of books, accounts, papers, and records for public utilities.

2400.2 This chapter shall contain the rules governing the prescribed forms of books, accounts, papers, and records for telephone corporations operating within the District of Columbia.

History

AUTHORITY: Unless otherwise noted, the authority for this chapter is Paragraph 97(b) of §8 of An Act Making appropriations to provide for the expenses of the District of Columbia for the fiscal year ending June thirtieth, nineteen hundred and fourteen, and for other purposes, approved March 4, 1913 (37 Stat. 977); as amended by §2 of the Public Utilities Amendment Act of 1989, D.C. Law 8-47, D.C. Code §43-501 (1981 Ed.).
SOURCE: Final Rulemaking published at 36 DCR 6070 (August 25, 1989).

15 DCMR § 2401 ESTABLISHMENT OF UNIFORM SYSTEM OF ACCOUNTS

2401.1 A telephone corporation operating within the District of Columbia and providing intrastate communications services shall conform its books of accounts and shall record its business transactions in accordance with the Uniform System of Accounts (USOA) as provided for in this chapter.

History

SOURCE: Final Rulemaking published at 36 DCR 6070 (August 25, 1989).

15 DCMR § 2402 ADOPTION OF USOA

2402.1 The USOA, as provided for in §2401, shall be the accounts prescribed in 47 CFR 32 as adopted at 51 F.R. 43, 498, CC Docket No. 78-196, 60 Rad. Reg. 2d 1111 (1986), subject to those revisions as provided for in §2403.

2402.2 All references contained in 47 CFR §32 pertaining to the "Federal Communications Commission," "FCC," or "Commission," or referencing any address, federal statute, or rule, shall be read to mean, and refer to, the "Public Service Commission of the District of Columbia," its address, its governing statute, and, where appropriate, its rules.

History

SOURCE: Final Rulemaking published at 36 DCR 6070 (August 25, 1989).

15 DCMR § 2403 REVISIONS TO THE USOA

2403.1 The USOA, as prescribed in §2402, may be revised by petition of an interested party or by motion of the Commission; Provided, that the revisions to the USOA shall not take effect until the Commission orders the revisions to take effect and compliance with D.C. Code §1-1506 (1981 Ed.), is effected.

2403.2 The USOA, as prescribed in §2402.1, shall not include §3216 of 47 CFR Part 32, regarding the automatic adoption of changes in the Generally Accepted Accounting Principles upon ninety (90) days' notice of the telephone corporation to the Commission.

History

SOURCE: Final Rulemaking published at 36 DCR 6070, 6071 (August 25, 1989); as amended by Final Rulemaking published at 36 DCR 8074 (November 24, 1989).

15 DCMR § 2498 WAIVER

2498.1 The Commission may upon request, or on its own initiative after notice to the parties of its intention do so, waive any provision of this chapter for good cause.

History

SOURCE: Final Rulemaking published at 67 DCR 11091 (September 18, 2020). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 2498

15 DCMR § 2499 DEFINITION

2499.1 When used in this chapter, the following term shall have the meaning ascribed: Telephone corporation - the definition shall be as stated in D.C. Code §43-217 (1981 Ed.).

History

SOURCE: Final Rulemaking published at 36 DCR 6070, 6071 (August 25, 1989).

15-25 CERTIFICATION OF LOCAL EXCHANGE SERVICE PROVIDERS

15 DCMR § 2500 APPLICABILITY

2500.1 Pursuant to D.C. Official Code §§ 34-2001 et seq., this chapter shall apply to all parties seeking certification to provide local exchange service in the District of Columbia after the effective date of these regulations.

History

SOURCE: Notice of Final Rulemaking published at 47 DCR 2601(April 14, 2000); as amended by Final Rulemaking published at 65 DCR 13762 (December 21, 2018). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 2500

15 DCMR § 2501 CERTIFICATION REQUIRED PRIOR TO PROVIDING LOCAL EXCHANGE SERVICE

2501.1 No party shall provide local exchange service to the public in the District of Columbia, regardless of the facilities used, without first receiving certification from the Commission to provide such service. All parties seeking a certificate must begin providing service to customers in the District of Columbia within five (5) years from the date that the certificate is issued in accordance with Section 2514 of this chapter.

History

SOURCE: Final Rulemaking published at 47 DCR 2601(April 14, 2000); as amended by Final Rulemaking published at 61 DCR 9863 (September 26, 2014). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 2501

15 DCMR § 2502 FILING AN APPLICATION FOR CERTIFICATION

2502.1 A party seeking to provide local exchange service in the District of Columbia shall file with the Office of the Commission Secretary an Application, which shall include a detailed Statement of Business Operations (“Statement”). A copy of the Application shall also be filed with the Office of the People’s Counsel on the same date that the Application is filed.

2502.2 The Application shall be accompanied by a check in the amount of $1,000 made payable to the Treasurer of the District of Columbia. This fee is non-refundable.

History

SOURCE: Notice of Final Rulemaking published at 47 DCR 2601(April 14, 2000); as amended by Final Rulemaking published at 65 DCR 13762 (December 21, 2018). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 2502

15 DCMR § 2503 CONTENT OF THE APPLICATION

2503.1 Each Application filed with the Commission shall: 1) state whether the applicant seeks authorization to provide local telecommunications services within the District pursuant to the automatic certification requirements of D.C. Official Code § 34-2002(d)(1) (“automatic certification requirements”) or the certification by waiver requirements of § 34-2002(d)(3) (“certification by waiver requirements”); 2) provide a detailed statement of the facts the applicant relies upon to demonstrate that it satisfies the certification requirements set forth in sections 2504 or 2505; and 3) state whether the applicant plans to provide resold and/or facilities-based services within the District of Columbia.

The Statement of Business Operations section of the Application shall contain the specifically identified information, in the following order, either in the text of the Statement or in attached exhibits:

(a) The complete name, address, telephone number, and fax number of the applicant, and the name under which telecommunications services will be provided in the District;

(b) The type or form of business, the date the business was formed, and a copy of the applicant's articles of incorporation, articles of organization, or charter;

(c) If the applicant is a corporation: the name, title, address, telephone number, fax number, and e-mail address, if available, of the corporation's corporate contact person, the regulatory contact person authorized to respond to Commission inquiries on behalf of the corporation, and the corporation's registered agent in the District of Columbia;

(d) If the applicant is a partnership, a limited liability corporation, or any form of business organization other than a corporation: the name, address, telephone number, fax number, and e-mail address, if available, of the organization's contact person, the regulatory contact person authorized to respond to Commission inquiries on behalf of the business organization, and all principal owners and/or partners;

(e) The local or toll free telephone number for customer service and a telephone number, address, fax number, and e-mail address, if available, for the employee(s) with overall responsibility for customer service and quality of service;

(f) The name, title, address, telephone number, fax number, and e-mail address, if available, of the individual(s) with overall responsibility for repairs and maintenance, complaints, billing questions, and refunds;

(g) A brief description of the type(s) of services to be offered, including the types of customers to be served;

(h) If the applicant relies upon its affiliation with any other company(ies) to demonstrate its financial stability and experience in providing telecommunications services, a detailed description of the applicant's relationship with each affiliate;

(i) A sworn and notarized tax attestation form signed by a corporate officer, partner, or an employee, who is authorized to act on behalf of the applicant, which attests that, as of the date the form is executed, the applicant: (1) has filed all tax returns required by federal, state, and District law; and (2) has no outstanding tax liability to the District or federal governments or any state or local government. The tax attestation form shall affirmatively declare that the authority to execute the tax attestation has been properly granted;

(j) If the applicant relies upon its affiliation with another company to demonstrate its financial stability and/or experience in providing telecommunications services, a sworn and notarized tax attestation form signed by a corporate officer, partner, or an employee, who is authorized to act on behalf of the affiliate, which attests that, as of the date the form is executed, the affiliate: (1) has filed all tax returns all taxes required by federal, state and District law; and (2) has no outstanding tax liability to the District or federal governments or any state or local government. The tax attestation form shall affirmatively declare that the authority to execute the tax attestation has been properly granted;

(k) A copy of the master business license issued by the Department of Consumer and Regulatory Affairs showing evidence of authorization to operate a business in the District of Columbia;

(l) Financial statements in accordance with Section 2506 of these Rules;

(m) An affidavit, signed by a person with authority to bind the entity, who shall affirmatively declare that the authority to execute the affidavit has been properly granted, that the applicant is familiar with and intends to adhere to the laws of the District of Columbia and the Rules and Orders of the Commission, including any quality of service standards established by the Commission; and

(n) An affidavit, signed by a person with authority to bind the applicant, stating that the contents of the Application are true, accurate and correct, and that the applicant understands that if the contents of the Application are found to be false or to contain misrepresentations, any authority granted may be suspended or revoked upon Commission Order. The affidavit shall affirmatively declare that the authority to submit the Application has been properly granted.

2503.2 For a party seeking authorization to provide telecommunications services pursuant to the certification by waiver, the Statement of Business Operations shall include all other information required by these Rules, and:

(a) If available, projected financial statements (balance sheets, income statements, statements of cash flow) for the first three (3) years of the applicant's operations in the District showing anticipated capital requirements and how those requirements will be met, or alternative information showing capital requirements and how they will be met. If financial support is being provided by an affiliate, the projected financial information should be for the affiliate, if available;

(b) Copies of the documents evidencing the existence and availability of the applicant's or its affiliate's financial resources, which may include, line-of-credit agreements, irrevocable letters of credit, sworn letters of guaranty, bank loan approval documents, recent bank statements, vendor financing commitments, or underwriting agreements;

(d) If the applicant is or plans to be a facilities-based carrier, a detailed description of the network architecture to be used in providing local exchange service in the District and the applicant's technical qualifications to design, construct, operate and maintain the proposed network;

(e) A brief description of the applicant's experience providing the proposed local exchange service or other telecommunications services;

(f) A statement identifying, by jurisdiction and docket number, any decision by the FCC, any state regulatory body, or court that imposed sanctions against the applicant, an affiliate, officer, director, partner, or owner of more than 10% of the applicant for failure to comply with laws, rules, regulations or orders relating to the applicant's provision of telecommunications services; and

(g) Lists of states in which the applicant: (1) is providing local exchange service, (2) has been certified to offer local exchange service, (3) has withdrawn its application to provide local exchange service upon notification of the state regulatory body that the application is not likely to be approved, (4) or had its application for certification denied.

History

SOURCE: Notice of Final Rulemaking published at 47 DCR 2601(April 14, 2000); as amended by Final Rulemaking published at 65 DCR 13762 (December 21, 2018). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 2503

15 DCMR § 2504 AUTOMATIC CERTIFICATION REQUIREMENTS

2504.1 An applicant shall be exempt from any other certification requirements if the applicant demonstrates in its Application that the applicant or its affiliate:

(a) Has at least three (3) years of experience providing telecommunications services pursuant to authorization(s) by the FCC or a state regulatory body; and

(b) Derived more than $50 million in gross annual revenue from telecommunications services in the year immediately preceding the year in which the Application is filed.

History

SOURCE: Notice of Final Rulemaking published at 47 DCR 2601 (April 14, 2000).

15 DCMR § 2505 CERTIFICATION BY WAIVER REQUIREMENTS

2505.1 The Commission may waive the experience and annual gross revenue requirements of Section 2504 of these Rules, if an applicant demonstrates in its Application that:

(a) The applicant has sufficient experience to ensure the continued provision of local exchange services within the District;

(b) The applicant has the financial stability to ensure the continued provision of local exchange services within the District; and

(c) The public interest will be served by the applicant's entry into the local telecommunications marketplace within the District.

2505.2 An applicant will be deemed to have sufficient experience to ensure the continued provision of local exchange services within the District if:

(a) The applicant or its affiliate has at least three (3) years of experience providing telecommunications services pursuant to authorization(s) by the FCC or a state regulatory body;

(b) The applicant employs individuals with: 1 ) substantial managerial experience in the telecommunications industry, and 2) adequate technical expertise to provide the telecommunications services proposed in the Application; or

(c) The Application otherwise demonstrates that the applicant has sufficient experience to ensure the continued provision of local exchange services within the District.

2505.3 An applicant will be deemed to have the financial stability to ensure the continued provision of local exchange services within the District if:

(a) The applicant or its affiliate(s) derived at least $50 million in gross annual revenue from telecommunications services in any of the last three years preceding the Application;

(b) The applicant has cash, a line of credit, or other resources sufficient to meet its anticipated capital requirements for operations in the District of Columbia for a minimum of three years;

(c) The applicant demonstrates that: 1) an affiliate, in a notarized document, agrees to provide financial support sufficient to meet the applicant's anticipated capital requirements for a minimum of three years, and 2) the financial strength of that affiliate is sufficient to provide support; or

(d) The Application otherwise demonstrates that the applicant has the financial stability to exercise staying power in the District of Columbia.

2505.4 The public interest will be served by an applicant's entry into the local telecommunications marketplace within the District when the applicant and its affiliate (if the applicant relies on an affiliate to demonstrate its financial stability and/or experience):

(a) Are deemed by the Commission as technically and financially qualified to provide local exchange service in the District;

(b) If at any time ever certificated by any other state regulatory body to provide local exchange service, had a satisfactory history of regulatory compliance; and

(1) Access to 911 and E911 services;

(2) Access to telecommunications relay services;

(3) Access to directory assistance;

(4) Access to operator services; and

(5) Interconnection on a non-discriminatory basis with other local exchange carriers.

2505.5 The Commission may waive the requirement that applicants provide all of the services listed in 2505.4(c) upon good cause shown.

History

SOURCE: Notice of Final Rulemaking published at 47 DCR 2601(April 14, 2000); as amended by Final Rulemaking published at 47 DCR 8112 (October 6, 2000).

15 DCMR § 2506 FINANCIAL STATEMENTS

2506.1 An applicant that has been in operation for three years (3) or more shall submit:

(a) If the company is publicly traded, a copy of its two most recent Securities and Exchange Commission Form 10-K reports; or

(b) If the company is not publicly traded, audited balance sheets, income statements, and statements of cash flow for each of the immediately preceding three (3) fiscal years and for the interim quarters between the end of the last audited fiscal year and the application date.

2506.2 An applicant that has been in operation for at least twelve (12) months but less than three (3) years shall submit:

(a) If the company is publicly traded, a copy of its most recent Securities and Exchange Commission Form 10-K; or

(b) If the company is not publicly traded, audited balance sheets, income statements, and statements of cash flow, for each of the fiscal years the company was in operation and for the interim quarters between the end of the last audited fiscal year and the application date.

2506.3 An applicant that has been in operation for less than twelve (12) months on the date the Application is filed may submit such financial statements as are kept in the regular course of the applicant's business operations.

2506.4 If, in response to Section 2503.1(h), an applicant identified an affiliate upon which the applicant is relying to demonstrate financial stability and/or expertise in providing telecommunications services, the applicant shall submit, in addition to its own financial statements, those of the affiliate. The applicant shall submit financial statements for the affiliate pursuant to Sections 2506.1, 2506.2, or 2506.3, depending on the length of time that the affiliate has been in operation.

2506.5 If audited financial statements are unavailable, an applicant may submit unaudited financial statements and a statement explaining why audited statements are not available.

2506.6 The Commission may waive the requirement for audited financial statements upon a showing of good cause.

History

SOURCE: Notice of Final Rulemaking published at 47 DCR 2601(April 14, 2000).

15 DCMR § 2507 COMMISSION REVIEW OF AN APPLICATION FOR AUTOMATIC CERTIFICATION

2507.1 Within fifteen (15) days of the date that an Application is filed, the Commission shall:

(a) Issue an Order granting the applicant's request for certification to provide telecommunications services within the District of Columbia, if the Application demonstrates that the applicant satisfies the minimum experience and gross annual revenue requirements of D.C. Official Code § 34-2002(d)(1). Such certification shall permit an applicant to provide resold and facilities-based services in the District of Columbia;

(b) Issue an Order denying, the applicant's request for certification to provide telecommunications services within the District of Columbia, if the Application fails to demonstrate that the applicant satisfies the minimum experience and gross annual revenue requirements of D.C. Official Code § 34-2002(d)(1). Any Order denying an applicant's request for certification shall identify the basis for the denial; or

(c) Request, in writing, supplemental information if the Application does not contain all information required by law or these Rules.

2507.2 A denied Application may be re-filed with the Commission at any time, with the payment of an additional application fee.

History

SOURCE: Notice of Final Rulemaking published at 47 DCR 2601(April 14, 2000); as amended by Final Rulemaking published at 65 DCR 13762 (December 21, 2018). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 2507

15 DCMR § 2508 COMMISSION REVIEW OF AN APPLICATION FOR CERTIFICATION BY WAIVER

2508.1 Within fifteen (15) days of the date that an Application is filed with the Commission, if the Application demonstrates that:

(a) The applicant has sufficient experience to ensure the continued provision of local exchange services within the District;

(b) The applicant has the financial stability to ensure the continued provision of local exchange services within the District; and

(c) The public interest will be served by the applicant's entry into the local telecommunications marketplace within the District, the Commission shall issue an Order waiving the minimum experience and gross annual revenue requirements of D.C. Official Code § 34-2002(d)(1) and granting the applicant's request for certification to provide telecommunications services within the District of Columbia. The certification shall specify whether the applicant is authorized to provide resold services, facilities-based services, or both.

2508.2 If a telecommunications service provider granted certification by waiver desires to provide services other than those authorized by the certification, the telecommunications service provider shall file another Application, with an additional application fee, requesting certification to provide those additional services.

2508.3 Within fifteen (15) days of the date that an Application is filed with the Commission, if the Application fails to demonstrate that: (1) the applicant has sufficient experience and financial stability to ensure the continued provision of local exchange services within the District; or (2) it is in the public interest to grant certification, the Commission shall:

Request, in writing, additional information pursuant to D.C. Official Code § 34-2002(d)(3) by letter or Order; or

(b) Issue an Order denying the applicant's request for certification to provide telecommunications services within the District of Columbia.

2508.4 If the Commission requests additional information pursuant to Section 2509 of these Rules, either: (1) within fifteen (15) days of the date that the additional information is received by the Commission; or (2) if additional information is not received by the deadline established by the Commission, within fifteen (15) days of that deadline; the Commission shall, in its discretion:

(a) Issue an Order granting the applicant's request for certification by waiver to provide telecommunications services within the District of Columbia. Such certification shall specify whether the applicant is authorized to provide resold services, facilities-based services, or both. If a telecommunications service provider granted certification by waiver desires to provide services other than those permitted by the certification, the telecommunications service provider shall file another Application, with an additional application fee, requesting certification to provide those additional services;

(b) Issue an Order denying the applicant's request for certification to provide telecommunications services within the District of Columbia; or

(c) Return the Application to the applicant without issuing an Order granting or denying the certification. The applicant may re-file the Application, but an additional application fee shall be required. The re-filed Application shall include the information requested by the Commission.

2508.5 Any decision denying an Application shall identify the basis for the denial.

History

SOURCE: Final Rulemaking published at 47 DCR 2601 (April 14, 2000); as amended by Final Rulemaking published at 65 DCR 13762 (December 21, 2018). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 2508

15 DCMR § 2509 REQUESTS BY THE COMMISSION FOR ADDITIONAL INFORMATION

2509.1 Pursuant to D.C. Official Code § 34-2002(d)(3), the Commission may request that an applicant file additional information relevant to the Commission's determination of whether the applicant's experience and financial stability are sufficient to ensure the continued provision of local exchange services.

2509.2 The Commission's request for additional information pursuant to D.C. Official Code § 34-2002(d)(3) shall be in writing and shall set forth with particularity the information sought by the Commission.

2509.3 Any information requested pursuant to this Section shall be filed with the Commission within fifteen (15) days of the date the request is sent to the applicant. The Commission may grant an extension of time for the filing of additional information upon a showing of good cause.

2509.4 If the applicant fails to submit the requested information by the 15-day or extended deadline, the Application shall be deemed dismissed without prejudice. The applicant may re-file the Application at any time, with the requisite One Thousand dollars ($1,000) application fee. The re-filed Application shall include the information requested by the Commission.

History

SOURCE: Notice of Final Rulemaking published at 47 DCR 2601 (April 14, 2000); as amended by Final Rulemaking published at 65 DCR 13762 (December 21, 2018). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 2509

15 DCMR § 2510 TARIFFS MUST BE FILED AND MAINTAINED WITH THE PUBLIC SERVICE COMMISSION

2510.1 Prior to commencing service, all certificated local exchange carriers shall file tariffs with the Commission for each service offered within the District. The tariffs shall describe the service being offered and all terms and conditions, and specify the rate or rates charged for the service pursuant to D.C. Official Code § 34-2002(f). Tariffs shall be maintained and updated as necessary.

History

SOURCE: Notice of Final Rulemaking published at 47 DCR 2601(April 14, 2000); as amended by Final Rulemaking published at 65 DCR 13762 (December 21, 2018). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 2510

15 DCMR § 2511 CHANGE OF CERTIFICATED PROVIDER INFORMATION

2511.1 All certificated local exchange carriers shall file any change of name, address, telephone number, fax number, email address, registered agent, corporate contact, and customer service and/or maintenance contact information with the Commission within thirty (30 ) days of the change.

2511.2 For any change of ownership or control involving a certificated local exchange carrier that must be approved by the Commission pursuant to D.C. Official Code § 34-1001, all of the entities involved in the transaction must file an application with the Commission at least sixty (60) days before the proposed closing date of the transaction. The application must contain the following information:

(a) The name, address, telephone number, fax number, email address, and contact information of all applicants involved in the transaction;

(b) For certificated local exchange carriers involved in the transaction, the name under which the applicant is providing service in the District of Columbia, and the date and order number of the Commission order that authorized the certificated local exchange carrier to provide telecommunications services in the District of Columbia;

(c) A description of the transaction, including a description of the applicants’ corporate structures pre-transaction and post-transaction as well as the closing date of the transaction;

(d) A description of how the transaction satisfies the following standards:

How the proposed transaction will affect competition in the District of Columbia;

How the proposed merger will affect universal service;

How the proposed merger will affect public safety and welfare;

Whether the proposed merger will affect the quality of local telecommunications services;

How the proposed merger will affect consumer rights; and

(e) An affidavit verifying that all of the information in the application is true and correct.

2511.3 Within forty-five (45) days after receiving the application, the Commission shall approve the application, reject the application, or request supplemental information. If the Commission requests supplemental information, the applicant will be afforded fifteen (15) days to provide the Commission with such supplemental information. Upon receipt of supplemental information, the Commission shall have thirty (30) days to approve the application or reject the application.

2511.4 [DELETED]

History

SOURCE: Notice of Final Rulemaking published at 47 DCR 2601(April 14, 2000); as amended by Notice of Final Rulemaking published 59 DCR 3150 (April 20, 2012); as amended by Final Rulemaking published at 65 DCR 13762 (December 21, 2018). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 2511

15 DCMR § 2512 ASSIGNMENT OR TRANSFER OF CERTIFICATION TO PROVIDE LOCAL EXCHANGE SERVICE

2512.1 The certification to provide local exchange service within the District of Columbia granted to an applicant shall not be assignable or transferable, except in circumstances in which the assignor or transferor and assignee and transferee share the same or substantially similar corporate structures, affiliates, or financial, managerial, administrative, or technical personnel, equipment, and other resources. No certificated provider shall assign or transfer the certification to another party without written approval of the Commission.

2512.2 At least sixty days prior to the date of a proposed assignment or transfer, a certificated provider shall notify all affected customers of the proposed transfer or assignment by separate direct mailing or by bill insert. The notice shall describe any and all changes in terms, conditions, rates, and charges that will affect customers if the transfer or assignment is approved by the Commission and shall advise the customer of the right to terminate service prior to the effective date of the assignment or transfer.

2512.3 A request to transfer or assign a certification to provide local exchange service within the District shall be made by a joint application of the assignor and assignee or transferor and transferee.

2512.4 The joint applicants shall file with the Office of the Commission Secretary an original and fifteen (15) copies of the joint application not less than thirty days prior to the proposed effective date of the assignment or transfer.

2512.5 The joint application shall include, at a minimum, the following information, in the following order and specifically identified, either in the joint application or in attached exhibits:

(a) For each joint applicant, the complete name, address, telephone number, fax number, registered agent, corporate contact, and the name of the person authorized to respond to Commission inquiries on behalf of the joint applicant;

(b) The name under which local exchange services are currently provided by the assignor or transferor in the District;

(d) A description of the facilities, if any, currently owned or operated in the District by each applicant;

(e) A description of the services currently provided by each applicant in the District;

(f) A description of the transaction that will result in the transfer or assignment of the certification to provide local exchange service within the District;

(g) A detailed plan for the transfer of customers to the transferee or assignee;

(h) A demonstration that the assignor or transferor and the assignee or transferee share the same or substantially similar corporate structures, affiliates, or financial, managerial, administrative, or technical personnel, equipment, and other resources;

(i) A statement that all District of Columbia customers purchasing local exchange service from the assignor or transferor were notified of the provider's intent to transfer or assign its certification at least sixty days before the proposed effective date of the assignment or transfer;

(j) A statement that the applicants understand that the filing of a joint application does not, by itself, constitute authorization to assign or transfer the certification; and

(k) An affidavit signed by a person with authority to bind each of the joint applicants, affirmatively declaring that the authority to execute the affidavit has been properly granted, that the contents of the joint application are true, accurate and correct, and that the joint applicants understand that if the contents of the joint application are found to be false or to contain misrepresentations, any authority granted may be suspended or revoked upon Commission Order.

2512.6 Upon a determination that the joint application complies with the standards in 2512.1 and that the assignor or transferor and assignee or transferee have complied with the other provisions of Section 2512, and all other applicable Commission rules and requirements of applicable law, the Commission shall issue an Order transferring or assigning the automatic certification or certification by waiver to provide local exchange service to the transferee or assignee. The certification shall specify whether the assignee or transferee is authorized to provide facilities-based services, resold services, or both.

History

SOURCE: Notice of Final Rulemaking published at 47 DCR 2601 (April 14, 2000); as amended by Final Rulemaking published at 51 DCR 9998 (October 29, 2004).

15 DCMR § 2513 WAIVER

2513.1 The Commission may upon request, or on its own initiative after notice to the parties of its intention do so, waive any provision of this chapter for good cause.

History

SOURCE: Final Rulemaking published at 47 DCR 2601 (April 14, 2000); as amended by Final Rulemaking published at 47 DCR 5778 (July 14, 2000); as amended by Final Rulemaking published at 67 DCR 11091 (September 18, 2020). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 2513

15 DCMR § 2514 PROVISION OF SERVICE REQUIREMENT

2514.1 All parties granted a certificate to provide service under this chapter shall begin providing telecommunications service for hire to one or more customers in the District of Columbia within five (5) years from the date that the certificate is issued, or from the date that this rule is published in the D.C. Register, whichever is later.

History

SOURCE: Final Rulemaking published at 61 DCR 9863 (September 26, 2014). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 2514

15 DCMR § 2515 CERTIFICATE REVOCATION

2515.1 If a certificated party fails to begin to provide telecommunications service to customers in the District of Columbia within five (5) years from the issuance of its certificate, or from the date that this rule is published in the D.C. Register, whichever is later, then the Commission shall institute a formal certificate revocation proceeding and shall give the certificated party an opportunity for a hearing, either oral or in writing.

2515.2 If a certificated party reports that it has no revenue from regulated telecommunications services in the assessment survey required by 15 DCMR § 1301.2 for five (5) years from the date that this rule is published in the D.C. Register, then the Commission shall institute a formal certificate revocation proceeding and shall give the certificated party an opportunity for a hearing, either oral or in writing.

2515.3 If the Commission has reason to believe that a certificated party is no longer providing regulated service in the District of Columbia but has not filed an abandonment of certification or service application under § § 2704, 2705, 2706, or 2708, then the Commission shall institute a formal certificate revocation proceeding and shall give the certificated party an opportunity for a hearing, either oral or in writing.

2515.4 The formal revocation proceeding shall commence with the issuance of a Show Cause Order directing the certificated party to show cause as to why their certificate should not be revoked.

2515.5 A certificated party’s response to the Show Cause Order shall be reviewed by the Commission or by a hearing officer designated to act on the Commission’s behalf.

2515.6 A certificated party may, at its option, relinquish its certificate in accordance with 15 DCMR §§ 2704 or 2708, whichever is applicable.

History

SOURCE: Final Rulemaking published at 61 DCR 9863 (September 26, 2014); as amended by Final Rulemaking published at 65 DCR 13762 (December 21, 2018). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 2515

15 DCMR § 2599 DEFINITIONS

2599.1 The following words and terms, when used in this Chapter, shall have the following meanings unless the context clearly indicates otherwise:

"Affiliate" means a person that (directly or indirectly) owns or controls, is owned or controlled by, or is under common ownership with, another person. As used in this paragraph, the term "owns" means to own an equity interest (or the equivalent thereof) of 10 percent or more.

"Application" means an application for certification.

"Capital requirements" means financing needed for the normal operations of the applicant as well as that required to acquire or improve capital assets.

"Commission" means the Public Service Commission of the District of Columbia.

"Days" means business days.

"Facilities-based carrier" means a carrier that owns any plant, wire or poles located in the District of Columbia and used to provide telecommunications services for a fee directly to the public or to such classes of users as to be effectively available to the public.

"FCC" means the Federal Communications Commission.

"Joint Application" means an application submitted to transfer or assign the certification.

"Local Exchange Service" means a telecommunications service provided within an exchange area.

"Party" means an individual, corporation, partnership, or association.

"Statement" means Statement of Business Operations.

"Tariff" means a written schedule that describes the service being offered, lists all terms and conditions, and specifies the rate or rates charged for the service.

"Telecommunications" means the transmission, between or among points specified by the user, of information of the user's choosing, without change in the form or content of the information as sent and received.

"Telecommunications industry" means communications businesses using regulated or unregulated facilities or services and includes broadcasting, telecommunications, cable, computer data transmission, software, programming, advanced messaging and electronics.

"Telecommunications service" means the offering of telecommunications for a fee directly to the public or to such classes of users as to be effectively available to the public, regardless of the facilities used.

History

SOURCE: Final Rulemaking published at 47 DCR 2601 (April 14, 2000); as amended by Final Rulemaking published at 47 DCR 5778 (July 14, 2000).

15-26 RULES IMPLEMENTING SECTION 252 OF THE FEDERAL TELECOMMUNICATIONS ACT OF 1996

15 DCMR § 2600 APPLICABILITY

The provisions of this Chapter shall apply to negotiations, mediations, and arbitrations of agreements or amended agreements among telecommunications carriers pursuant to Section 252 of the federal Telecommunications Act of 1996 (47 U.S.C. § 252) and the District Telecommunications Competition Act of 1996 (D.C. Code, 2001 Ed. § 34-2002). The provisions of this Chapter shall also apply to interpretation and enforcement of these agreements.

History

SOURCE: Notice of Final Rulemaking published at 47 DCR 5242 (June 23, 2000) [EXPIRED]; as amended by Final Rulemaking published at 47 DCR 8315 (October 20, 2000); as amended by Final Rulemaking published at 48 DCR 140 (January 5, 2001); as amended by Final Rulemaking published at 51DCR 2905(March 19, 2004).

15 DCMR § 2601 NOTICE OF REQUESTS FOR VOLUNTARY NEGOTIATION OF AGREEMENTS PURSUANT TO SECTION 252 OF THE ACT

Any telecommunications carrier requesting voluntary negotiation pursuant to 47 U.S.C. § 252(a)(1) shall notify the Commission, in writing, of its request within one (1) business day of the date that it notifies the local exchange carrier of its request for negotiation, renegotiation, or extension of the negotiation time period.

History

SOURCE: Notice of Final Rulemaking published at 47 DCR 5242 (June 23, 2000) [EXPIRED]; as amended by Final Rulemaking published at 47 DCR 8315 (October 20, 2000); as amended by Final Rulemaking published at 51 DCR 2905 (March 19, 2004).

15 DCMR § 2602 FILING NOTICES PURSUANT TO SECTIONS 2601

2602.1 The Commission's procedural rules shall not apply to notices submitted under section 2601, except as provided in this Chapter.

2602.2 All notices shall be signed by a duly designated representative of the telecommunications carrier filing the notice.

2602.3 An original and fifteen (15) copies of each notice shall be filed with the Office of the Commission Secretary.

2602.4 Any telecommunications carrier shall serve the notice on any other telecommunications carrier or carriers involved in the negotiation that is the subject of the notice.

History

SOURCE: Notice of Final Rulemaking published at 47 DCR 5242 (June 23, 2000) [EXPIRED]; as amended by Final Rulemaking published at 47 DCR 8315 (October 20, 2000); as amended by Final Rulemaking published at 51 DCR 2905 (March 19, 2004).

15 DCMR § 2603 FILING NEGOTIATED AGREEMENTS WITH THE COMMISSION

2603.1 Within five (5) business days of the date that any telecommunications carrier executes a binding negotiated agreement pursuant to 47 U.S.C. § 252(a), the parties to the negotiated agreement shall jointly file an original and fifteen (15) copies of the negotiated agreement and any supporting documentation with the Office of the Commission Secretary.

2603.2 All negotiated agreements filed with the Commission pursuant to this section shall include a detailed schedule of itemized charges for interconnection and for each service or network element included in the negotiated agreement.

History

SOURCE: Notice of Final Rulemaking published at 47 DCR 5242 (June 23, 2000) [EXPIRED]; as amended by Final Rulemaking published at 47 DCR 8315 (October 20, 2000); as amended by Final Rulemaking published at 51 DCR 2905 (March 19, 2004).

15 DCMR § 2604 COMMISSION PROCEEDINGS FOR REVIEW OF NEGOTIATED AGREEMENTS

Within ninety (90) calendar days of the date that a negotiated agreement is filed with the Commission, the Commission shall either approve or reject the negotiated agreement, or any portion thereof, in accordance with the standards set forth in 47 U.S.C. § 252(e)(2). The Commission shall make written findings as to any deficiencies in the negotiated agreement if the negotiated agreement is rejected.

History

SOURCE: Notice of Final Rulemaking published at 47 DCR 5242 (June 23, 2000) [EXPIRED]; as amended by Final Rulemaking published at 47 DCR 8315 (October 20, 2000); as amended by Final Rulemaking published at 51 DCR 2905 (March 19, 2004).

15 DCMR § 2605 FILING REQUESTS FOR MEDIATION PURSUANT TO 47 U.S.C. § 252(a)(2)

2605.1 Pursuant to 47 U.S.C. § 252(a)(2), any telecommunications carrier, including the incumbent local exchange carrier, participating in voluntary negotiation pursuant to 47 U.S.C. § 252(a)(1), may, at any point in the negotiation, file a request for the Commission to participate in the negotiation and to mediate any differences arising in the course of the negotiation.

2605.2 A request for mediation shall be in writing and shall include, at a minimum, the following:

(a) The name, address, and main telephone number of the telecommunications carrier requesting mediation;

(b) The name, title, business address, telephone number, fax number, and e-mail address (if available) of the person(s) who will be representing the requesting carrier during the mediation process;

(c) A complete list of all telecommunications carriers that participated in the negotiation that is the subject of the request for mediation;

(d) A statement of any issues that are unresolved by the mediating parties;

(e) A statement of any issues that have been resolved by the mediating parties;

(f) A statement of those issues for which the requesting carrier requests mediation; and

(g) A statement outlining the positions of each mediating party regarding the unresolved issues, listing any areas of potential compromise.

2605.3 An original and fifteen (15) copies of a request for mediation shall be filed with the Office of the Commission Secretary. A request for mediation shall be served on the telecommunications carrier or carriers that participated in the negotiation that is the subject of the request for mediation.

2605.4 The Commission's procedural rules shall not apply to the requests for mediation, except as provided in this Chapter.

History

SOURCE: Notice of Final Rulemaking published at 47 DCR 5242 (June 23, 2000) [EXPIRED]; as amended by Final Rulemaking published at 47 DCR 8315 (October 20, 2000); as amended by Final Rulemaking published at 51 DCR 2905 (March 19, 2004).

15 DCMR § 2606 APPOINTMENT OF A MEDIATOR PURSUANT TO 47 U.S.C. § 252(a)(2)

The Commission shall appoint a mediator(s). The mediator may be a Commission staff member and/or any competent, impartial, and disinterested person. The requesting carrier and all participants in the negotiation for which mediation has been requested shall be notified by the Commission Secretary of the appointment of the mediator within five (5) business days of the date on which the request for mediation is filed.

History

SOURCE: Notice of Final Rulemaking published at47 DCR 5242 (June 23, 2000) [EXPIRED]; as amended by Final Rulemaking published at47 DCR 8315 (October 20, 2000); as amended by Final Rulemaking published at 51 DCR 2905 (March 19, 2004).

15 DCMR § 2607 DUTIES OF THE MEDIATOR

2607.1 The mediator functions to assist the parties to move toward a resolution of any differences arising in the course of the negotiation. The mediator may not compel agreement but shall provide assistance to the parties in reaching agreement.

2607.2 The mediator shall have the authority to schedule meetings of the parties; direct the parties to prepare for those meetings; determine the need for written submissions; conduct the dispute resolution process; hold separate caucuses when appropriate; upon request, assist the parties in preparing a written agreement resolving any differences; and terminate the dispute resolution process, if no agreement is reached after such period of time as the mediator deems reasonable.

2607.3 The mediator may take any actions deemed necessary to ensure the confidentiality of the mediation, including but not limited to excluding persons not parties to the mediation from the sessions and requiring that parties sign any confidentiality and/or proprietary agreement that is deemed reasonable by the mediator as a condition of participating in the mediation.

2607.4 Within seven (7) business days of the conclusion of the mediation, the mediator shall submit a report to the Commission that lists each issue submitted by the parties for mediation and states the disposition of each issue.

History

SOURCE: Notice of Final Rulemaking published at 47 DCR 5242 (June 23, 2000) [EXPIRED]; as amended by Final Rulemaking published at 47 DCR 8315 (October 20, 2000); as amended by Final Rulemaking published at 51DCR 2905 (March 19, 2004).

15 DCMR § 2608 MEDIATION PROCESS

2608.1 The parties to the mediation shall be the requesting carrier, the responding carrier, and any other telecommunications carrier that has agreed to participate in the mediation at the request of the requesting or responding party.

2608.2 Statements made during the mediation shall be confidential, unless the party making the disclosure waives the confidentiality of the disclosure. Any materials, which the submitting mediating party deems to be confidential and/or proprietary, shall be submitted under seal and shall not be used except in connection with the mediation. All materials submitted under seal shall be made available only to the mediator and to the mediating parties that have signed a confidentiality and/or proprietary agreement. Subsections 150.9 and 150.10 of the Commission's procedural rules shall apply to all documents submitted under seal during mediation.

2608.3 All parties to the mediation shall negotiate in good faith. Refusal to continue to negotiate during mediation may be considered a failure to negotiate in good faith pursuant to 47 U.S.C. § 252(b)(5) and may be considered by the Commission in its deliberations under 47 U.S.C. §§ 251 and 271.

History

SOURCE: Notice of Final Rulemaking published at47 DCR 5242 (June 23, 2000) [EXPIRED]; as amended by Final Rulemaking published at47 DCR 8315 (October 20, 2000); as amended by Final Rulemaking published at 51 DCR 2905 (March 19, 2004).

15 DCMR § 2609 PETITIONS FOR ARBITRATION PURSUANT TO 47 U.S.C. § 252(b)

2609.1 Any telecommunications carrier, including the incumbent local exchange carrier, participating in voluntary negotiation pursuant to 47 U.S.C. § 252(a)(1) may, during the period between the 135th day and the 160th day (inclusive) after the date on which the incumbent local exchange carrier received the telecommunications carrier's request for negotiation, file with the Commission a petition requesting arbitration of any open issues.

2609.2 An original and fifteen (15) copies of the arbitration petition shall be filed with the Office of the Commission Secretary.

2609.3 All arbitration petitions filed with the Commission pursuant to 47 U.S.C. § 252(b)(1) shall be signed by a duly authorized representative of the petitioning carrier and shall include:

(a) The name, address, and main telephone number of the petitioning carrier;

(b) The name, title, business address, telephone number, fax number, and e-mail address (if available) of the person(s) who will be representing the petitioning carrier during the arbitration proceeding;

(c) A complete list of all telecommunications carriers that participated in the negotiation that is the subject of the arbitration petition;

(d) A statement of any issues that have been resolved by the negotiating parties;

(e) A statement of any issues that have not been resolved by the negotiating parties;

(f) A statement outlining the positions of each negotiating party regarding the unresolved issues;

(g) All relevant documentation that supports the petitioning carrier's position concerning the unresolved issues;

(h) Any request for an order for the production of information pursuant to 47 U.S.C. § 252(b)(4)(B); and

(i) A statement as to whether the petitioning carrier requests an evidentiary hearing.

2609.4 The only parties to the arbitration shall be the petitioning carrier, the responding carrier, and any other carrier that participated in the voluntary negotiation that is the subject of the petition.

2609.5 Any petitioning carrier shall serve a copy of the arbitration petition and any supporting documentation on all other parties to the arbitration.

2609.6 The Commission may reject any arbitration petition that is not filed within the time period prescribed by subsection 2609.1. Rejected arbitration petitions shall be returned to the petitioning carrier.

History

SOURCE: Notice of Final Rulemaking published at 47 DCR 5242 (June 23, 2000) [EXPIRED]; as amended by Final Rulemaking published at 47 DCR 8315 (October 20, 2000); as amended by Final Rulemaking published at 51DCR 2905 (March 19, 2004).

15 DCMR § 2610 RESPONSES TO ARBITRATION PETITIONS

2610.1 Within three (3) business days of receipt of a timely and complete arbitration petition, the Commission Secretary shall notify, by facsimile, first class mail, or other method as the Commission Secretary deems appropriate, the other party(ies) of the date that the Commission received the arbitration petition and of the right to respond to the arbitration petition.

2610.2 A telecommunications carrier participating in the negotiation that is the subject of the arbitration may file a response to the arbitration petition. An original and fifteen (15) copies of the response shall be filed with the Commission Secretary within twenty-five (25) calendar days of the date that the Commission received the arbitration petition. The response shall be served on all telecommunications carriers that participated in the negotiation that is the subject of the arbitration petition.

2610.3 All responses to the arbitration petition shall include, at a minimum:

(a) The name, address, and main telephone number of the responding carrier;

(b) The name, title, business address, telephone number, fax number, and e-mail address (if available) of the person(s) who will be representing the responding carrier during the arbitration proceeding;

(c) A statement of any issues that have been resolved by the arbitrating parties, if different from those stated in the arbitration petition;

(d) A statement of any issues that are unresolved by the arbitrating parties, if different from those stated in the arbitration petition;

(e) A statement outlining the positions of each participant in the negotiation regarding the unresolved issues, if different from those stated in the arbitration petition;

(f) All relevant documentation that supports the responding carrier's position concerning the unresolved issues;

(g) Any request for an order for the production of information pursuant to 47 U.S.C. § 252(b)(4)(B);

(h) A statement as to whether the responding carrier requests an evidentiary hearing; and

(i) A certificate of service attesting that a copy of the response and all supporting documentation has been served on all other parties to the arbitration.

History

SOURCE: Notice of Final Rulemaking published at 47 DCR 5242 (June 23, 2000) [EXPIRED]; as amended by Final Rulemaking published at 47 DCR 8315 (October 20, 2000) as amended by Final Rulemaking published at 51 DCR 2905 (March 19, 2004).

15 DCMR § 2611 APPOINTMENT OF AN ARBITRATOR

2611.1 The Commission shall appoint either an arbitrator or an arbitration panel. The size and composition of the arbitration panel shall be based on the nature of the issues in dispute. If a panel is appointed, the Commission shall designate the chair for the panel. The Commission Secretary shall promptly notify the parties by facsimile, first class mail, or other appropriate communication methods of the appointment of the arbitrator or the arbitration panel.

2611.2 By agreement of the parties, the Commission may appoint the same person(s) who served as mediator(s) to act as arbitrator(s) if no mediated agreement was reached.

History

SOURCE: Notice of Final Rulemaking published at 47 DCR 5242 (June 23, 2000) [EXPIRED]; as amended by Final Rulemaking published at 47 DCR 8315 (October 20, 2000); as amended by Final Rulemaking published at 51 DCR 2905 (March 19, 2004).

15 DCMR § 2612 POWERS OF THE ARBITRATOR

2612.1 Pursuant to 47 U.S.C. § 252(b)(4)(A), the arbitrator or arbitration panel shall consider only those issues set forth in the arbitration petition and any response thereto.

2612.2 The arbitrator or arbitration panel shall be delegated all powers necessary to conduct a fair, impartial, and expeditious proceeding, including but not limited to the power to:

(a) Administer oaths and affirmations;

(b) Issue subpoenas;

(d) Compel the production of information pursuant to 47 U.S.C. § (b)(4)(B);

(e) Regulate the course of the proceeding consistent with this section;

(f) Require conferences and evidentiary hearings, and set the time and place for such conferences and hearings;

(g) Require the submission of legal memoranda and briefs;

(h) Call and examine witnesses, including Commission staff;

(i) Limit the number of witnesses offering testimony;

(j) Exclude evidence and witnesses whose testimony is irrelevant, immaterial, or unduly repetitious;

(k) Require written testimony; and

(l) Prepare the arbitration decision in accordance with section 2617.

History

SOURCE: Notice of Final Rulemaking published at 47 DCR 5242 (June 23, 2000) [EXPIRED]; as amended by Final Rulemaking published at 47 DCR 8315 (October 20, 2000); as amended by Final Rulemaking published at 51 DCR 2905 (March 19, 2004).

15 DCMR § 2613 ARBITRATION PROCEEDINGS

2613.1 If there is any conflict between the Commission's procedural rules and the rules of this Chapter, the rules of this Chapter shall supercede the Commission's procedural rules.

2613.2 Section 150 of the Commission's procedural rules shall apply to all arbitration proceedings conducted pursuant to this Chapter.

2613.3 Ex parte communications with the arbitrator or arbitration panel that do not relate to a matter of procedure are prohibited while the arbitration proceeding is pending. In the event of a prohibited communication, the arbitrator or arbitration panel shall be guided by section 108 of the Commission's procedural rules.

2613.4 The arbitrator or arbitration panel shall establish the procedural schedule.

2613.5 If the arbitrator or arbitration panel determines that a hearing is necessary, the hearing shall be conducted in a fair and impartial manner, in accordance with the following procedures:

(a) The arbitrator or chair of the arbitration panel shall provide reasonable notice to the arbitrating parties of the time and place of the hearing;

(b) The arbitrator or chair of the arbitration panel shall give each arbitrating party an opportunity, which may be waived, to make an opening statement;

(c) The arbitrator or chair of the arbitration panel shall afford each arbitrating party an opportunity to present oral or written testimony and documentary evidence, and shall determine the order of the presentation of the evidence;

(d) In ruling on evidentiary questions, the arbitrator or chair of the arbitration panel shall be guided by, but need not strictly adhere to, the Federal Rules of Evidence;

(e) The arbitrator or chair of the arbitration panel shall require all witnesses to testify under oath or affirmation;

(f) The arbitrator or chair of the arbitration panel may permit the arbitrating parties to cross-examine witnesses;

(g) The arbitrator or chair of the arbitration panel may postpone any hearing upon a joint request of the arbitrating parties, sua sponte, or for good cause shown in a motion filed by any party to the proceeding at least two (2) business days before the date of any hearing;

(h) Each arbitrating party shall have the opportunity, which may be waived, to present a closing argument;

(i) The arbitrator or chair of the arbitration panel may conduct the hearing in the absence of any arbitrating party or representative who, after proper notice, fails to be present or request a postponement;

(j) The arbitrator or chair of the arbitration panel shall make a stenographic, audio, or video tape recording of the arbitration hearing;

(k) The evidentiary record will close following closing arguments or the first business day following the deadline set for the receipt of written briefs, or at such time as the arbitrator determines; and

(l) The arbitrator or chair of the arbitration panel shall take necessary action to avoid delay in the disposition and conduct of the hearing.

2613.6 Notwithstanding any other provision of this Chapter, the arbitrating parties may agree on different arbitration procedures, which may be accepted by the arbitrator or arbitration panel.

2613.7 If no hearing is held, then the evidentiary record shall close on the day following the date set by the arbitrator or arbitration panel as the final date for receipt of submissions from the arbitrating parties, or at some other date that the arbitrator or arbitration panel determines.

2613.8 If the arbitrator or arbitration panel directs an arbitrating party to provide information and that party fails or refuses to respond within the time limit set, the arbitrator or arbitration panel may reach a decision on the issues in the arbitration proceeding based on the best information available, from whatever source derived, as provided in 47 U.S.C. § 252(b)(4)(B).

2613.9 If the act or omission of an arbitrating party impedes the expeditious resolution of the issues, an arbitrator or arbitration panel may make such orders in regard to the act or omission as are just, including, but not limited to, an order limiting a party's claims, defenses and/or evidence; striking pleadings or parts thereof; dismissing the petition; or granting judgment by default. The arbitrator may also determine that the act or omission constitutes a failure to negotiate in good faith pursuant to 47 U.S.C. § 252(b)(5), and shall notify the Commission of that determination. The Commission may consider a determination that a party failed to negotiate in good faith in its deliberations pursuant to 47 U.S.C. §§ 251 and 271.

History

SOURCE: Notice of Final Rulemaking published at 47 DCR 5242 (June 23, 2000) [EXPIRED]; as amended by Final Rulemaking published at 47 DCR 8315 (October 20, 2000); as amended by Final Rulemaking published at 48 DCR 140 (January 5, 2001); as amended by Final Rulemaking published at 51 DCR 2905 (March 19, 2004).

15 DCMR § 2614 CONSOLIDATION OF PROCEEDINGS

2614.1 In order to reduce administrative burdens on telecommunications carriers and/or the Commission, the Commission may, sua sponte, or upon the motion of a party in any arbitration, interpretation, or enforcement proceedings, consolidate arbitration, interpretation, or enforcement proceedings, in whole or in part, pursuant to 47 U.S.C. § 252(g).

2614.2 In a consolidated arbitration proceeding, all petitioning and responding carriers participating in the separate arbitration, interpretation, or enforcement proceedings shall participate as parties in the consolidated proceeding.

History

SOURCE: Notice of Final Rulemaking published at 47 DCR 5242 (June 23, 2000) [EXPIRED]; as amended by Final Rulemaking published at 47 DCR 8315 (October 20, 2000); as amended by Final Rulemaking published at 48 DCR 140 (January 5, 2001); as amended by Final Rulemaking published at 51 DCR 2905 (March 19, 2004).

15 DCMR § 2615 PROPOSED FINAL RESOLUTION

2615.1 At the time that the arbitrator or arbitration panel determines, each arbitrating party shall file with the Commission Secretary an original and fifteen (15) copies of its proposed final resolution of each issue identified in the petition and response and the proposed schedule for implementation of those terms and conditions. The proposed final resolution shall meet the requirements of 47 U.S.C. § 251, including the regulations promulgated by the Federal Communications Commission pursuant to that section.

2615.2 Any arbitrating party filing a proposed final resolution shall serve a copy of the resolution on all other arbitrating parties no later than the date on which the petition is filed with the Commission. The proposed final resolution shall be accompanied by a certificate of service.

History

SOURCE: Notice of Final Rulemaking published at 47 DCR 5242 (June 23, 2000) [EXPIRED]; as amended by Final Rulemaking published at 47 DCR 8315 (October 20, 2000); as amended by Final Rulemaking published at51DCR 2905 (March 19, 2004).

15 DCMR § 2616 VOLUNTARY TERMINATION OF ARBITRATION PROCEEDINGS

If after the initiation of an arbitration proceeding, the arbitrating parties reach a negotiated agreement that resolves all of the issues submitted for arbitration, the arbitrating parties shall file a joint request to dismiss the arbitration petition. The Commission may review and grant this request.

History

SOURCE: Notice of Final Rulemaking published at 47 DCR 5242 (June 23, 2000) [EXPIRED]; as amended by Final Rulemaking published at 47 DCR 8315 (October 20, 2000); as amended by Final Rulemaking published at 51 DCR 2905 (March 19, 2004).

15 DCMR § 2617 ARBITRATION DECISIONS

2617.1 Within thirty (30) days of the close of the record, the arbitrator or arbitration panel shall issue an arbitration decision. The arbitrator or arbitration panel shall consider all evidence presented by the parties. The arbitration decision shall explain the reasons for the decision on each issue submitted for arbitration and shall establish a deadline for executing an arbitration agreement.

2617.2 The arbitrator or arbitration panel shall use final offer arbitration, except as otherwise provided in this section. The final offer of each arbitrating party shall be the final resolution filed with the Commission pursuant to section 2615.

2617.3 The arbitrator or arbitration panel shall adopt the proposed final resolution of one of the arbitrating parties for each issue submitted for arbitration.

2617.4 If the arbitrator or arbitration panel determines that any final resolution does not satisfy the requirements of 47 U.S.C. § 252(c), the arbitrator or arbitration panel may take any action designed to result in an arbitration agreement that satisfies 47 U.S.C. § 252(c).

2617.5 The arbitrator or chair of the arbitration panel shall write the arbitration decision, which must be signed by at least a majority of the panel. The arbitrator or chair of the arbitration panel shall submit the signed arbitration decision to the Commission Secretary.

2617.6 The Commission Secretary shall serve a copy of the arbitration decision on the arbitrating parties by registered mail or any other appropriate method no later than the first business day following receipt of the arbitration decision from the arbitrator or chair of the arbitration panel.

History

SOURCE: Notice of Final Rulemaking published at 47 DCR 5242 (June 23, 2000) [EXPIRED]; as amended by Final Rulemaking published at 47 DCR 8315 (October 20, 2000); as amended by Final Rulemaking published at 51 DCR 2905 (March 19, 2004).

15 DCMR § 2618 COMMISSION ACTION ON THE ARBITRATION DECISION

The Commission shall review the arbitration decision and issue an order to adopt, reject, or modify the arbitration decision. If any arbitrating party chooses to appeal the arbitration decision, that arbitrating party shall file its appeal with the Commission within ten (10) calendar days after the filing of the arbitration decision. An original and fifteen (15) copies of the appeal must be filed with the Commission Secretary, with a copy served on the arbitrator or arbitration panel and the other arbitrating party(ies) on the same day that the petition is filed with the Commission. The Commission shall have thirty (30) days to review the appeal. The Commission shall adopt, modify, or reject the arbitration decision by order no later than nine (9) months after the date on which the telecommunications carrier requested negotiation.

History

SOURCE: Notice of Final Rulemaking published at 47 DCR 5242 (June 23, 2000) [EXPIRED]; as amended by Final Rulemaking published at 47 DCR 8315 (October 20, 2000); as amended by Final Rulemaking published at 51 DCR 2905 (March 19, 2004).

15 DCMR § 2619 ARBITRATION AGREEMENTS

2619.1 The arbitrating parties shall have thirty (30) days from a Commission order adopting an arbitration decision to file the arbitration agreement.

2619.2 If the arbitrating parties are unable to agree on whether a proposed provision conforms to the arbitrated decision, either party may request that the arbitrator or arbitration panel that issued the arbitration decision determine whether a proposed provision conforms to the arbitration decision.

2619.3 An original and fifteen (15) copies of a request to review a proposed provision shall be filed with the Office of the Commission Secretary.

2619.4 The arbitrator or arbitration panel may adopt any proposed provision that conforms to the arbitration decision. Unless the arbitrating parties otherwise agree, the proposed provision adopted by the arbitrator or arbitration panel shall be incorporated into the arbitration agreement.

2619.5 Within five (5) business days of the date that the arbitrating parties agree to execute a binding arbitrated agreement, the parties shall jointly file an original and fifteen (15) copies of the arbitration agreement and any supporting documentation with the Office of the Commission Secretary. The parties shall serve a copy of the arbitration agreement and any supporting documentation on the arbitrator or arbitration panel on the date the arbitration agreement is filed with the Commission.

2619.6 The date that an arbitration agreement is filed with the Commission shall be deemed the date that the arbitration agreement was submitted for approval for the purposes of 47 U.S.C. § 252(e)(4).

History

SOURCE: Notice of Final Rulemaking published at47 DCR 5242 (June 23, 2000) [EXPIRED]; as amended by Final Rulemaking published at 47 DCR 8315 (October 20, 2000); as amended by Final Rulemaking published at 51 DCR 2905 (March 19, 2004).

15 DCMR § 2620 COMMISSION PROCEEDINGS FOR REVIEW OF ARBITRATION AGREEMENTS

Within thirty (30) calendar days of the date that an arbitration agreement is submitted to the Commission, the Commission shall either approve or reject the arbitration agreement, or portions thereof, in accordance with the standards of 47 U.S.C. § 252(e)(2). The Commission shall make written findings as to any deficiencies in the arbitration agreement when the agreement is rejected.

History

SOURCE: Notice of Final Rulemaking published at47 DCR 5242 (June 23, 2000) [EXPIRED]; as amended by Final Rulemaking published at47 DCR 8315 (October 20, 2000); as amended by Final Rulemaking published at 51 DCR 2905 (March 19, 2004).

15 DCMR § 2621 PUBLIC INSPECTION OF AGREEMENTS

Pursuant to 47 U.S.C. § 252(h), the Commission shall make a copy of each negotiated, mediated, or arbitrated agreement approved under this Chapter available for public inspection and copying within ten (10) days after Commission approval of the agreement.

History

SOURCE: Notice of Final Rulemaking published at 47 DCR 5242 (June 23, 2000) [EXPIRED]; as amended by Final Rulemaking published at 47 DCR 8315 (October 20, 2000); as amended by Final Rulemaking published at 51 DCR 2905 (March 19, 2004).

15 DCMR § 2622 PETITIONS FOR INTERPRETATION OR ENFORCEMENT OF AGREEMENTS APPROVED PURSUANT TO 47 U.S.C. § 252(e)

2622.1 Any telecommunications carrier, including the incumbent local exchange carrier, may file with the Commission a petition requesting interpretation or enforcement of an agreement approved pursuant to 47 U.S.C. § 252(e) of the Telecommunications Act, D.C. Code, 2001 Ed. § 34-2002(h), and these rules.

2622.2 An original and fifteen (15) copies of the interpretation or enforcement petition shall be filed with the Office of the Commission Secretary.

2622.3 All interpretation or enforcement petitions filed with the Commission shall be signed by a duly authorized representative of the petitioning carrier and shall include:

(a) The name, address, and main telephone number of the petitioning carrier;

(d) A statement of the disputed issues that give rise to the interpretation or enforcement petition;

(e) A statement outlining the positions of each party to the approved agreement regarding the disputed issues;

(f) All relevant documentation that supports the petitioning carrier's position concerning the disputed issues; and

(g) A statement as to whether the petitioning carrier requests an evidentiary hearing.

2622.4 The only parties to the interpretation or enforcement proceeding shall be the parties to the approved agreement.

2622.5 Any petitioning carrier shall serve a copy of the interpretation or enforcement petition and any supporting documentation on all other parties to the approved agreement.

History

SOURCE: Notice of Final Rulemaking published at 47 DCR 5242 (June 23, 2000) [EXPIRED]; as amended by Final Rulemaking published at 47 DCR 8315 (October 20, 2000); as amended by Final Rulemaking published at 48 DCR 140 (January 5, 2001); as amended by Final Rulemaking published at 51 DCR 2905 (March 19, 2004).

15 DCMR § 2623 RESPONSES TO INTERPRETATION OR ENFORCEMENT PETITIONS

2623.1 A party to the approved agreement that is the subject of the interpretation or enforcement proceeding may file a response to the interpretation or enforcement petition. An original and fifteen (15) copies of the response shall be filed with the Commission Secretary within twenty-five (25) calendar days of the date that the Commission received the interpretation or enforcement petition. The response shall be served on all telecommunications carriers that are parties to the approved agreement.

2623.2 All responses to the interpretation or enforcement petition shall include, at a minimum:

(a) The name, address, and main telephone number of the responding carrier;

(d) A statement outlining the positions of each party to the approved agreement regarding the disputed issues, if different from those stated in the interpretation or enforcement petition;

(e) All relevant documentation that supports the responding carrier's position concerning the disputed issues;

(f) A statement as to whether the responding carrier requests an evidentiary hearing; and

(g) A certificate of service attesting that a copy of the response and all supporting documentation has been served on all other parties to the interpretation or enforcement proceeding.

History

SOURCE: Notice of Final Rulemaking published at 47 DCR 5242 (June 23, 2000) [EXPIRED]; as amended by Final Rulemaking published at 47 DCR 8315 (October 20, 2000); as amended by Final Rulemaking published at 48 DCR 140 (January 5, 2001); as amended by Final Rulemaking published at 51 DCR 2905 (March 19, 2004).

15 DCMR § 2624 COMMISSION REVIEW OF INTERPRETATION OR ENFORCEMENT PETITIONS

2624.1 Upon receipt of the interpretation and enforcement petition and any response, the Commission or its designated agent shall determine the procedural schedule for the interpretation or enforcement proceeding.

2624.2 If the Commission determines that a hearing is necessary, then the Commission shall follow the procedures outlined in Section 2613.5. The Commission shall determine whether or not to schedule a hearing within thirty (30) days of the filing of the response to the interpretation or enforcement petition. Any hearing shall be scheduled within thirty (30) days of the date of this determination.

2624.3 Notwithstanding any other provision of this Chapter, the parties involved in the interpretation or enforcement proceeding may agree on different interpretation or enforcement procedures, which may be accepted by the Commission.

2624.4 If no hearing is held, then the evidentiary record shall close on the day following the date set by the Commission as the final date for receipt of submissions from the parties to the interpretation or enforcement proceeding, or at some other date that the Commission determines.

2624.5 If the Commission directs a party to the interpretation or enforcement proceeding to provide information and that party fails or refuses to respond within the time limit set, the Commission may reach a decision on the issues in the interpretation or enforcement proceeding based on the best information available, from whatever source derived.

2624.6 If the act or omission of a party to the interpretation or enforcement proceeding impedes the expeditious resolution of the issues, the Commission may make such orders in regard to the act of omission as are just, including, but not limited to, an order limiting a party's claims, defenses, and/or evidence; striking pleadings or parts thereof; dismissing the petition, or granting judgment by default or determine that the act or omission constitutes a failure to negotiate in good faith pursuant to 47 U.S.C. § 252(b)(5). The Commission may consider a determination that a party failed to negotiate in good faith in its deliberations pursuant to 47 U.S.C. §§ 251 and 271.

2624.7 After review of the documentation presented by the parties to the interpretation or enforcement proceeding and the review of the hearing transcript, if any, the Commission shall issue an order that may include, but is not limited to: interpretations of provisions of the approved agreement; orders of specific performance of any provision in the approved agreement; or amendment of the approved agreement. If the Commission designates an agent to schedule a hearing or hear testimony, the Commission's agent shall issue its interpretation or enforcement decision within thirty (30) days after the hearing date or the close of the evidentiary record, whichever is later. If the Commission chooses not to designate an agent, then the Commission shall issue an order within thirty (30) days after the hearing date or the close of the evidentiary record, whichever is later.

2624.8 If the Commission designates an agent, the Commission shall review any interpretation or enforcement decision by the Commission's agent and issue an order to adopt, modify, or reject the interpretation or enforcement decision within thirty (30) days of the issuance of the interpretation or enforcement decision. If any party to the interpretation or enforcement proceeding chooses to appeal the interpretation or enforcement decision to the Commission, that party shall file its appeal within ten (10) days after the issuance of the interpretation or enforcement decision. An original and fifteen copies of the appeal shall be filed with the Commission Secretary, with a copy served on the Commission's agent and the other parties to the interpretation or enforcement proceeding on the same day that the appeal is filed with the Commission. The Commission shall have thirty days from the submission of the appeal to review the appeal and issue an order adopting, modifying, or rejecting the interpretation or enforcement decision.

2624.9 If the Commission orders the amendment of the approved agreement, the parties shall submit a new agreement to the Commission for approval within thirty (30) days of the issuance of the Commission order requiring the amendment of the approved agreement.

History

SOURCE: Notice of Final Rulemaking published at 47 DCR 5242 (June 23, 2000) [EXPIRED]; as amended by Final Rulemaking published at 47 DCR 8315 (October 20, 2000); as amended by Final Rulemaking published at 48 DCR 140 (January 5, 2001); as amended by Final Rulemaking published at 51 DCR 2905 (March 19, 2004).

15 DCMR § 2625 ASSESSMENT OF COSTS

2625.1 Pursuant to D.C. Code, 2001 Ed. § 34-912(b)(7)(A), the Commission may assess each participating carrier a portion of the actual costs of any mediation, arbitration, interpretation, or enforcement proceeding conducted pursuant to this Chapter. Costs shall be assessed on a nondiscriminatory basis.

2625.2 Pursuant to 47 U.S.C. § 252(h), the Commission may assess each participating party a portion of the costs for proceedings conducted pursuant to sections 2603 and 2604. Costs shall be assessed on a reasonable and non-discriminatory basis.

History

SOURCE: Final Rulemaking published at 47 DCR 5242 (June 23, 2000) [EXPIRED]; as amended by Final Rulemaking published at 47 DCR 8315 (October 20, 2000); as amended by Final Rulemaking published at 48 DCR 140 (January 5, 2001); as amended by Final Rulemaking published at 51 DCR 2905 (March 19, 2004).

15 DCMR § 2626 WAIVER

2626.1 The Commission may upon request, or on its own initiative after notice to the parties of its intention do so, waive any provision of this chapter for good cause.

History

SOURCE: Final Rulemaking published at 47 DCR 5242 (June 23, 2000) [EXPIRED]; as amended by Final Rulemaking published at 47 DCR 8315 (October 20, 2000); as amended by Final Rulemaking published at 51 DCR 2905 (March 19, 2004); as amended by Final Rulemaking published at 67 DCR 11091 (September 18, 2020). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 2626

15 DCMR § 2699 DEFINTIONS

The following words and terms, when used in this Chapter, shall have the following definitions unless the context clearly states otherwise:

"Approved agreement" means an agreement approved by the Commission pursuant to Section 252 of the Telecommunications Act of 1996, D.C. Code, 2001 Ed. § 34-2002(h) and Section 2604.

"Arbitrating party" means one of the telecommunications carriers participating in the arbitration proceeding.

"Arbitration agreement" means the agreement or amended agreement reached by the arbitrating parties pursuant to the arbitration decision.

"Arbitration decision" means the signed decision of the arbitrator or the arbitration panel.

"Arbitration petition" means a petition filed by a telecommunications carrier requesting the Commission for arbitration pursuant to 47 U.S.C. § 252(b).

"Commission" means the Public Service Commission of the District of Columbia.

"Commission's procedural rules" means the Commission's Rules of Practice and Procedure that are contained in Chapter 1 of Title 15 DCMR.

"Days" means calendar days, unless otherwise specified.

"Enforcement petition" means a petition to enforce an approved agreement.

"Ex parte communication" means an oral or written communication between the arbitrator and a telecommunications carrier's representative relating to the merits of the proceeding, which is made without providing all other telecommunications carriers participating in the arbitration proceeding the opportunity to participate.

"Incumbent local exchange carrier" means, with respect to an area, the local exchange carrier that provided local exchange service in such an area on the date of enactment of the federal. Telecommunications Act of 1996 (P.L. 104-104).

"Interpretation petition" means a petition filed to interpret an approved agreement.

"Interpretation or enforcement decision" means a signed decision of the Commission's agent in an interpretation or enforcement proceeding.

"Interpretation or enforcement proceeding" means a proceeding in which the Commission interprets or enforces an approved agreement.

"Local exchange carrier" means any person or entity that is engaged in the provision of telephone exchange service or exchange access. The term does not include a person or entity insofar as the person or entity is engaged in the provision of commercial mobile service.

"Mediating party" means a party participating in mediation.

"Negotiated agreement" means an agreement or amended agreement between a telecommunications carrier and an incumbent local exchange carrier pursuant to 47 U.S.C. § 252 arrived at through voluntary negotiation or mediation. A negotiated agreement includes an interconnection agreement that was opted into by telecommunications service providers either in the District of Columbia or another jurisdiction.

"Party" means a person, entity, individual, corporation, partnership, or association.

"Petitioning carrier" means a telecommunications carrier that files a request for arbitration pursuant to 47 U.S.C. § 252(b) or that files a petition for enforcement and interpretation of an approved agreement.

"Requesting carrier" means a telecommunications carrier that files a request for mediation pursuant to 47 U.S.C. § 252(a)(2).

"Responding carrier" means a telecommunications carrier that responds to a request for mediation or an arbitration, enforcement, or interpretation petition.

"Telecommunications carrier" means any provider of telecommunications services, except that the term does not include aggregators of telecommunications services as defined in 47 U.S.C. § 226.

History

SOURCE: Notice of Final Rulemaking published at 47 DCR 5242 (June 23, 2000) [EXPIRED]; as amended by Final Rulemaking published at 47 DCR 8315 (October 20, 2000); as amended by Final Rulemaking published at 48 DCR 140 (January 5, 2001); as amended by Final Rulemaking published at 51 DCR 2905 (March 19, 2004).

15-27 REGULATION OF TELECOMMUNICATIONS SERVICE PROVIDERS

15 DCMR § 2700 PURPOSE AND APPLICABILITY

2700.1 Pursuant to D.C. Official Code §§ 34-2001, et seq. (2010 Repl. & 2011 Supp.), this chapter shall establish rules governing the provision of telecommunications services in the District of Columbia. Except where otherwise provided, this chapter shall apply to all telecommunications service providers within the District of Columbia.

History

SOURCE: Notice of Final Rulemaking published at 48 DCR 4664 (May 25, 2001); as amended by Final Rulemaking published at 51 DCR 10001 (October 29, 2004); as amended by Final Rulemaking published at 54 DCR 11993 (December 14, 2007); incorporating by reference the text of Proposed Rulemaking published at 54 DCR 9404 (September 28, 2007); as amended Notice of Final Rulemaking published at 58 DCR 9020, 9021 (October 21, 2011).

15 DCMR § 2701 ASSESSMENT OF COSTS

2701.1 All telecommunications service providers shall be subject to an annual assessment in accordance with the provisions in 15 DCMR chapter 13.

History

SOURCE: Notice of Final Rulemaking published at 48 DCR 4664 (May 25, 2001); as amended by Final Rulemaking published at 51 DCR10001 (October 29, 2004); as amended by Final Rulemaking published at 55 DCR 12144 (November 28, 2008); as amended by Notice of Final Rulemaking published at 58 DCR 9020, 9021 (October 21, 2011).

15 DCMR § 2702 TARIFFS

2702.1 Prior to commencing service, all Competitive Local Exchange Carriers (CLECs) shall file tariffs with the Commission for each service offered within the District of Columbia. The tariffs shall describe the service being offered, all terms and conditions, and the rate or rates charged for the service pursuant to D.C. Official Code § 34-2002(f)(2010 Repl. & 2011 Supp.). Tariffs shall be maintained and updated as necessary.

2702.2 Tariffs filed by CLECs relating to tolls, charges, rate structure, terms and conditions of service, rate base, rate of return, operating margin, earnings, or cost of service shall be reviewed pursuant to 15 DCMR § 3501.12.

2702.3 When a CLEC amends or rescinds a tariff’s service(s), terms and conditions, and/or rate or rates, the CLEC shall file an amended tariff with the Commission. The amended tariff shall be reviewed pursuant to 15 DCMR § 3501.12.

2702.4 When a CLEC amends a tariff that involves a change in conditions or services, the CLEC shall send a notice to all affected customers no later than the next billing period following the tariff amendment filing date. The amended tariff filed with the Commission shall include a statement certifying that this notice was or will be sent by the end of the next billing period following the tariff amendment filing date, identifying the date(s) the notice was or will be sent.

History

SOURCE: Final Rulemaking published at 48 DCR 4664 (May 25, 2001); as amended by Final Rulemaking published at 51 DCR10001 (October 29, 2004); as amended by Final Rulemaking published at 55 DCR 12144 (November 28, 2008); as amended by Notice of Final Rulemaking published at 58 DCR 9020, 9021 (October 21, 2011).

15 DCMR § 2703 ENFORCEMENT

2703.1 A violation of any statute, regulation, or Commission order may subject a telecommunications service provider to any of the actions prescribed by D.C. Official Code § 34-2002(h-1) (2011 Supp.).

History

SOURCE: Final Rulemaking published at 48 DCR 4664 (May 25, 2001); as amended by Final Rulemaking published at 51 DCR 10001 (October 29, 2004); as amended by Notice of Final Rulemaking published at 58 DCR 9020, 9021 (October 21, 2011).

15 DCMR § 2704 ABANDONMENT OF CERTIFICATION OR CERTIFICATE OF CONVENIENCE AND PUBLIC NECESSITY

2704.1 Any telecommunications service provider (“TSP”) certificated by the Commission that proposes to abandon the CLEC certification or certificate of convenience and public necessity in the District shall file an abandonment of certification application with the Commission no later than ninety (90) days prior to the proposed date of the abandonment of certification or certificate. The application shall contain, in the following order and specifically identify the following information:

(a) The applicant’s name, address, telephone number, fax number, the name under which the applicant is providing service in the District of Columbia, the date and order number of the Commission order that authorized the applicant to provide telecommunications services in the District of Columbia, if applicable, and the proposed abandonment date;

(b) A complete explanation of the reasons for the proposed abandonment of certification;

(c) A description of the arrangements made for payment of any outstanding taxes, fees, or other amounts owed to the Commission or any other agency of the District of Columbia;

(d) A statement as to whether the applicant owns facilities in the District of Columbia, and if so, a plan for the applicant to remove, maintain, or transfer any facilities in the District of Columbia that would otherwise be abandoned; and

(e) An affidavit signed by a company officer verifying that all of the information in the application is true and correct.

2704.2 If, at the time of the filing of the abandonment of certification application, the TSP is providing service to customers, the applicant also shall file an abandonment of service application pursuant to 15 DCMR § 2705 and/or 15 DCMR § 2706, as appropriate.

2704.3 The TSP shall serve a copy of its abandonment of certification or certificate application on the Office of the People’s Counsel on the same day that the application is filed with the Commission.

2704.4 The applicant shall return any customer deposits within fifteen (15) days of the abandonment of certification application filing date. Upon full payment of these deposits, the applicant shall notify the Commission that all deposits have been paid by filing an affidavit explaining how and when these payments were made.

2704.5 Within thirty (30) days after receiving the abandonment of certification application, the Commission shall either approve the application, reject the application, or request supplemental information. If the Commission requests supplemental information, the applicant will be afforded fifteen (15) days to provide the Commission with such supplemental information.

2704.6 The Commission shall approve an abandonment of certification or certificate application if:

(a) The TSP has satisfied outstanding debts owed to the Commission or any agency of the District of Columbia government;

(b) The TSP has developed and implemented a comprehensive plan for returning customer deposits; and

2704.7 No TSP shall abandon its certification or certificate absent Commission approval. Upon receiving Commission approval, the applicant shall void any existing interconnection agreements by notifying the Commission and any TSP with which the applicant has signed an interconnection agreement of the abandonment of certification or certificate. Upon receiving Commission approval, the applicant shall also withdraw all existing tariffs on file with the Commission.

History

SOURCE: Final Rulemaking published at 48 DCR 4664 (May 25, 2001); as amended by Final Rulemaking published at 51 DCR 10001 (October 29, 2004); as amended by Final Rulemaking published at 52 DCR 724 (January 28, 2005); as amended by Final Rulemaking published at 55 DCR 12144 (November 28, 2008); as amended by Final Rulemaking published at 58 DCR 9020, 9022 (October 21, 2011); as amended by Final Rulemaking published at 66 DCR 6383 (May 24, 2019). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 2704

15 DCMR § 2705 ABANDONMENT, REDUCTION, OR IMPAIRMENT OF SERVICE

2705.1 Any TSP certificated by the Commission that proposes to abandon, reduce or impair the provisioning of telecommunications services in the District of Columbia shall file an application with the Commission no later than ninety (90) days prior to the proposed date of abandonment, reduction or impairment of service. This Section 2705 shall apply if a TSP proposes to abandon, reduce or impair the provisioning of telecommunications services in the District of Columbia, either in whole or in part (including, but not limited to, for a class of customers, such as residential customers or business customers or for customers located in specified geographic areas). However, this section does not apply where a TSP in the ordinary course of business is proposing only to:

(a) Terminate service to an individual customer for reasons applicable to that customer (for instance, because the customer has failed to pay charges due to the TSP);

(b) Withdraw a discretionary service (for instance, caller ID or call waiting) or competitive service included in Price Cap Plan 2008;

(c) Limit availability of a service so that the service is available only to the TSP’s customers who already subscribe to that service; or

(d) Change a rate, term or condition for a service.

2705.2 The abandonment of service application shall contain, in the following order and specifically identify the following information:

The applicant’s name, address, telephone number, fax number, the name under which the applicant is providing service in the District of Columbia, the date and order number of the Commission order that authorized the applicant to provide telecommunications services in the District of Columbia, if applicable, and the proposed abandonment of service date;

Description of the nature of the proposed abandonment, reduction of impairment of service;

(c) A complete explanation of the reasons for the proposed abandonment, reduction or impairment of service, including, but not limited to, a statement as to whether the applicant proposes to abandon the provisioning of telecommunications services in the District of Columbia in whole, or only in part, and if only in part, a description of the proposed abandonment, reduction or impairment of service (for instance, for a class of customers, such as residential customers or business customers, or, customers located in specified geographic areas);

(d) A plan for the refund of any deposits collected from affected customers, with accrued interest less any amounts due to the applicant;

(e) If the applicant proposes to abandon the provisioning of telecommunications services in the District of Columbia in whole, a description of the arrangements made for payment of any outstanding taxes, fees, or other amounts owed to the Commission or any other agency of the District of Columbia;

(f) A statement as to whether the applicant owns facilities in the District of Columbia, and if so, a plan for the applicant to remove, maintain, or transfer any facilities in the District of Columbia that would otherwise be abandoned;

(g) An identification of the geographic area involved and date on which the applicant desires to make the proposed abandonment, reduction, or impairment of service effective;

(h) A statement of the number of customers, classified by residential or business customer, affected by the proposed abandonment, reduction or impairment of service;

(i) A statement of the number of customers affected by the proposed abandonment, reduction or impairment of service for whom the applicant receives universal service support;

(j) A statement of the date on which notice of the proposed abandonment, reduction or impairment of service will be sent to affected customers;

(k) A copy of the notice that will be sent to affected customers;

(l) If the abandonment, reduction or impairment of service application is filed because the applicant is discontinuing TDM-based local exchange service, a copy of the application filed with the Federal Communications Commission pursuant to 47 CFRPart 63;

(m) A statement of the factors showing that neither present nor future public interest, convenience and necessity would adversely be affected by the granting of the application; and

(n) An affidavit signed by a company officer verifying that all of the information in the application is true and correct.

2705.3 The applicant shall serve a copy of its abandonment, reduction or impairment of service application on the Office of the People’s Counsel on the same day that the application is filed with the Commission.

2705.4 Any TSP that proposes to abandon, reduce, or impair service in the District of Columbia shall notify each customer affected by the proposed abandonment in accordance with the customer notice provisions of Subsection 2706.5. Notice to customers shall be given in accordance with the customer notice provisions of Subsection 2706.5 even if the proposed abandonment, reduction or impairment of service is not otherwise subject to compliance with Section 2706.

2705.5 The applicant shall return all customer deposits affected by the proposed abandonment of service, with accrued interest less any amounts due to the applicant within seventy-five (75) days of the abandonment of service application filing date. Upon full payment of these deposits, the applicant shall notify the Commission that all such deposits have been paid.

2705.6 The applicant shall reimburse its customers affected by the proposed abandonment of service for any carrier charges including, but not limited to, service order charges and service installation charges directly associated with the transfer of those customers to another TSP and otherwise chargeable to the customers, as long as the transfer occurs within thirty (30) days of the notification to the customer of the applicant’s abandonment of service. Except where the customer is transferred to an Acquiring Carrier (as defined in Subsection 2706.2) or to an “acquiring carrier” (as such term is used in 47 CFR § 64.1120), the amount of the carrier charges that an applicant shall be required by this subsection to reimburse to a customer shall not exceed:

Fifty dollars ($50) per residence service line; and

(b) One hundred dollars ($100) per business service line.

2705.7 The Commission may by order annually increase the maximum amount of the carrier charges to be reimbursed by the applicant under Subsection 2705.6 by a percentage amount equal to the percentage increase in the Consumer Price Index – All Urban Consumers applicable to the District of Columbia as determined by the United States Government. Upon full payment of these amounts, the applicant shall notify the Commission that all such amounts have been paid.

2705.8 Within thirty (30) days after receiving the abandonment, reduction or impairment of service application, the Commission shall either approve the application, reject the application, or request supplemental information.

2705.9 If, within thirty (30) days after receiving the abandonment, reduction or impairment of service application, the Commission does not either approve the application, reject the application, or request supplemental information, the application shall be deemed approved.

2705.10 If the Commission requests supplemental information, the applicant has fifteen (15) days to provide the Commission with such supplemental information.

2705.11 If the Commission requests supplemental information and, by the later of thirty (30) days after receiving the supplemental information the Commission does not either approve the application, reject the application, or request additional supplemental information, the application shall be deemed approved.

2705.12 Approval of the abandonment, reduction or impairment of service application shall be subject to the applicant’s compliance with the applicable provisions of Section 2706.

2705.13 The Commission shall approve an abandonment, reduction or impairment of service application if:

(a) The TSP has satisfied outstanding debts owed the Commission or any agency of the District of Columbia government;

(b) The applicant has complied with this Section 2705, the applicable provisions of Section 2706, and all other applicable Commission rules and requirements of applicable law;

(c) The applicant has developed and implemented a comprehensive plan for returning customer deposits to customers affected by the proposed abandonment of service, with accrued interest less any amounts due to the applicant, and, if the applicant proposes to abandon its provisioning of telecommunication services in the District in whole, satisfying outstanding debts owed the Commission and/or other District agencies;

(d) The applicant has satisfied all switchover fees incurred by its customers affected by the proposed abandonment of service as required by Subsection 2705.6; and

(e) The approval of the abandonment, reduction or impairment of service application would serve the public interest. If the applicant is discontinuing TDM-based service, then the public interest consideration will also consider the factors in 47 C.F.R. § 63.602(b).

2705.14 No TSP shall abandon, reduce, or impair service in the District of Columbia without Commission approval. Upon receiving Commission approval for the abandonment of service, the applicant shall void any existing interconnection agreements by informing the Commission and any TSP with which the applicant has signed an interconnection agreement of the abandonment of service.

History

SOURCE: Final Rulemaking published at 48 DCR 4664 (May 25, 2001); as amended by Final Rulemaking published at 51 DCR 10001 (October 29, 2004); as amended by Final Rulemaking published at 52 DCR 724 (January 28, 2005); as amended by Final Rulemaking published at 55 DCR 12144 (November 28, 2008); as amended by Final Rulemaking published at 58 DCR 9020, 9023 (October 21, 2011); as amended by Final Rulemaking published at 66 DCR 6383 (May 24, 2019); as amended by Final Rulemaking published at 69 DCR 001717 (March 4, 2022). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 2705

15 DCMR § 2706 ABANDONMENT OF SERVICE TO THE LOCAL EXCHANGE VOICE SERVICES MARKET

2706.1 Applicability

This section applies when a TSP that has one (1) or more customers proposes to abandon the provisioning of regulated telecommunications services to the local exchange voice services market or a portion of the local exchange voice services market (including, but not limited to, a class of customers such as residential customers or business customers, or customers located in specified geographic areas). However, this section does not apply where a TSP in the ordinary course of business is proposing only to:

Terminate service to an individual customer for reasons applicable to that customer (for instance, because the customer has failed to pay charges due to the TSP or because the customer is transitioning from regulated to unregulated service);

Withdraw a discretionary custom calling service feature (for instance, caller ID or call waiting);

Limit availability of a service so that the service is available only to the TSP’s customers who already subscribe to that service; or

(d) Change a rate, term or condition for a service.

2706.2 Definitions

For the purposes of this section the following terms and phrases shall have the meanings ascribed:

Acquiring Carrier - a local exchange carrier that has entered into an arrangement with an Exiting TSP to acquire the Exiting TSP’s customers.

Cut-Off Date - the date after which an Exiting TSP’s customers will have to wait until their migration to the Acquiring Carrier is completed before they can obtain local exchange service from a different carrier.

Exiting TSP - a TSP that proposes to abandon the provisioning of telecommunications services to the local exchange voice services market, or a portion of the local exchange voice services market (including, but not limited to, a class of customers such as residential customers or business customers, or customers located in specified geographic areas).

Network Service Provider - a local exchange carrier that provides interconnection, network elements, telecommunications services, collocation, or other services, facilities, equipment or arrangements, that:

(1) Are used by the Exiting TSP to provide service to its customers; or

(2) Will be used by a carrier (including, but not limited to, an Acquiring Carrier) that is acquiring one (1) or more of the Exiting TSP’s customers, to provide service to those customers.

Priority/Essential Customers - any ambulance, police or fire service, hospital, national security agency, or civil defense organization, or any customer who has obtained Telecommunications Service Priority authorization from the Federal Government.

2706.3 Exit Plan

An Exiting TSP must file an Exit Plan with the Commission, OPC, and the District of Columbia Office of Unified Communications at least ninety (90) days in advance of the Exiting TSP’s proposed discontinuance of service date. Upon good cause shown, the Commission may establish an alternative date by which the Exiting TSP must file its Exit Plan.

The Exit Plan filed by the Exiting TSP with the Commission must include:

A statement specifying the Exiting TSP’s proposed discontinuance of service date and, if there is an Acquiring Carrier, the proposed Cut-Off Date;

A sample of the initial notice letter that will be sent to the Exiting TSP’s customers pursuant to Subsection 2706.5;

Plans for follow-up customer notification arrangements, such as a second letter, phone calls or bill inserts;

A date by which the Exiting TSP’s customers must select a new local exchange carrier;

Contact names and telephone numbers for the Exiting TSP’s cutover coordinator, regulatory contact and other pertinent contact personnel (such as customer service record (“CSR”) and provisioning contacts);

Any arrangements made for an Acquiring Carrier;

Steps to be taken with the number code and/or pooling administrator to transfer NXX and thousand number blocks while preserving number portability for numbers within the code;

The current customer serving arrangements (for example, UNE-Platform, UNE-Loop, resale or full facilities) and the underlying Network Service Providers;

To the extent feasible, a statement as to the following:

(A) whether there are any customers for whom the Exiting TSP is the only provider of facilities;

(B) the number of customers for whom the Exiting TSP is the only provider of facilities; and

The number of customers impacted;

A statement setting out:

(A) The format in which the Exiting TSP’s CSRs are being kept,

(B) What data elements are in these CSRs; and

Billing telephone number;

(ii) Working telephone number;

(iii) Complete customer billing name and address;

(iv) Directory listing information, including name, address, telephone number and listing type;

Complete service address;

(vi) Current Primary Interexchange Carrier selection (inter/intraLATA toll service), including freeze status;

(vii) Local service freeze status;

(viii) All vertical features (such as, custom calling, hunting);

(ix) Options (such as, Lifeline, 900 blocking, toll blocking, remote call forwarding, off premises extensions);

(x) Tracking number or transaction number (for example, purchase order number);

(xi) Circuit identification information with associated telephone number;

(xii) Service configuration information (such as, UNE-Platform, UNE-Loop, resale or full facilities);

(xiii) Identification of the Network Service Provider(s); and

(xiv) Identification of any line sharing/line splitting on the migrating customer’s line;

(12) Any transfer of assets or control that requires Commission approval;

(13) Plans to modify and/or cancel tariff(s);

(14) Plans for reimbursement of switchover fees;

(15) Plans for treatment of customer deposits, credits, and/or termination liabilities or penalties;

(16) A description of the arrangements made for payment of any outstanding taxes, fees, or other amounts owed to the Commission or any other agency of the District of Columbia;

(17) Plans for the transfer, removal or abandonment of any Exiting TSP equipment or facilities on the customers’ premises;

(18) A statement on whether the Acquiring Carrier will be responsible for handling any complaints filed, or otherwise raised, against the Exiting TSP prior to or during the migration of customers to the Acquiring Carrier; and

(19) Plans for unlocking the E911 database, including the letter detailed in Subsection 2706.8.

(20) A copy of any discontinuance of service application filed with the Federal Communications Commission (“FCC”) pursuant to 47 USC § 214(a).

(c) If the Exit Plan contains information that the Exiting TSP claims are confidential or proprietary, the Exiting TSP may seek confidential treatment of the confidential or proprietary information in accordance with 15 DCMR § 150. To the extent provided by 15 DCMR § 150 and other provisions of applicable law, copies of the confidential version of the Exit Plan shall be available to the Office of the People’s Counsel, carriers, and other interested persons.

If the Exiting TSP seeks confidential treatment of information contained in the Exit Plan, the Exiting TSP shall also file with the Commission a version of the Exit Plan that omits the confidential information. The Exiting TSP shall serve the non-confidential version of the Exit Plan upon the Office of the People’s Counsel. The non-confidential version of the Exit Plan shall be available from the Commission to carriers and other interested persons.

Within thirty (30) days after receiving the Exit Plan, the Commission shall either approve the Exit Plan, reject the Exit Plan, or request supplemental information. If within thirty (30) days after receiving the Exit Plan the Commission does not either approve the Exit Plan, reject the Exit Plan, or request supplemental information, the Exit Plan shall be deemed approved. If the Commission requests supplemental information, the Exiting TSP has fifteen (15) days to provide the Commission with such supplemental information. If within thirty (30) days after receiving the supplemental information the Commission does not either approve the Exit Plan, reject the Exit Plan, or request additional supplemental information, the Exit Plan shall be deemed approved.

2706.4 Industry Notification

When the Commission receives notice of the Exiting TSP’s proposed discontinuance of service, the Commission Secretary shall post notice of the proposed discontinuance of service on the Commission’s website under “Report of Telephone Companies Exiting the Local Exchange Market” at www.dcpsc.org.

On the same date that the Exiting TSP files its Exit Plan with the Commission:

(1) The Exiting TSP shall give notice to its Network Service Providers of its proposed discontinuance of service; and

(2) The Acquiring Carrier shall give notice to its Network Service Providers of its proposed acquisition of the Exiting TSP’s customers.

If necessary, a conference call may be established by Commission Staff in order to address potential problem areas and procedures. The persons invited to participate in the conference call shall include all carriers providing service in the District of Columbia, the Exiting TSP’s Network Service Providers, the Acquiring Carrier’s Network Service Providers, Commission Staff, the Office of the People’s Counsel, and such other persons as Commission Staff deems appropriate.

2706.5 Retail Customer Notification

If there is an Acquiring Carrier, the Exiting TSP and the Acquiring Carrier must give written notice to the Exiting TSP’s customers of the Exiting TSP’s proposed discontinuance of service and the proposed transfer of the customers to the Acquiring Carrier.

If there is not an Acquiring Carrier, the Exiting TSP must give written notice to its customers of its proposed discontinuance of service.

The written notice to be provided pursuant to paragraph (a) or (b) must be given at least sixty (60) days in advance of the Exiting TSP’s proposed discontinuance of service date. Upon good cause shown, the Commission may establish an alternative customer notice period; provided that the customer notice must be given at least forty-five (45) days in advance of the Exiting TSP’s proposed discontinuance of service date.

Contents

The Commission shall adopt by order model customer notification letters that comply with Commission and FCC regulations. A customer notice letter issued pursuant to paragraph (a) or (b) must comply with the Commission’s applicable model customer notification letter.

The customer notification letter must include the following information:

Statement that the Exiting TSP will no longer be providing the customer’s local telephone service;

If there is an Acquiring Carrier, the identity of the Acquiring Carrier;

The customer’s right to choose an alternative carrier;

Clear instructions to the customer regarding the choice of an alternative carrier;

The customer’s need to take prompt action when there is no Acquiring Carrier;

Time deadlines for customer action in accordance with the Commission’s rules;

A statement regarding switchover fees and the Exiting TSP’s plans for reimbursement of switchover fees;

The customer’s responsibility for payment of telephone bills during the migration period;

When the customer is being transferred to an Acquiring Carrier, information about the lifting and reestablishment of preferred carrier freezes;

Applicable information about long distance service and whether it may be impacted by the change in local exchange carrier;

The Exiting TSP’s plans for treatment of customer deposits, credits, and/or termination liabilities or penalties;

The Exiting TSP’s plans for transfer, removal or abandonment of any Exiting TSP equipment or facilities on the customer’s premises;

Information on the Acquiring Carrier’s services and rates, terms and conditions, and on the means by which the Acquiring Carrier will notify the customer of any changes to these rates, terms and conditions;

Whether the Acquiring Carrier will be responsible for handling any complaints filed, or otherwise raised, against the Exiting TSP prior to or during the migration of customers to the Acquiring Carrier;

Any other information required by applicable law (including, but not limited to, any other information required by the Commission or the FCC);

Toll-free telephone numbers for the Exiting TSP and the Acquiring Carrier;

Contact information for the Commission; and

Contact information for the Office of the People’s Counsel.

(3) If there is an Acquiring Carrier, the customer notice letter must contain a Cut-Off Date and a statement that customers who have not selected an alternative carrier by the Cut-Off Date will be transferred to the Acquiring Carrier. When notice is given to the customer sixty (60) days in advance of the proposed discontinuance of service date, the Cut-Off Date shall be thirty (30) days before the proposed discontinuance of service date. When notice is given to the customer less than sixty (60) days in advance of the proposed discontinuance of service date, the Cut-Off Date shall be as specified by the Commission. The notification process must allow the customer thirty (30) days to select a new carrier. The Acquiring Carrier may not migrate the Exiting TSP’s customers to the Acquiring Carrier until after the Cut-Off Date.

(4) If there is not an Acquiring Carrier, the Exiting TSP must give at least one (1) additional notice to each customer who, twenty (20) days prior to the proposed discontinuance of service date, has not migrated to a new carrier. This additional notice must be given no later than fifteen (15) days prior to the proposed discontinuance of service date or, upon a showing to the Commission that fifteen (15) days advance notice is not feasible, at the earliest possible date, as approved by the Commission. The form of the additional notice could include a follow-up letter, a telephone call to the customer, a bill insert, or any other means of direct contact with the customer.

2706.6 Mass Migration Process

(a) As soon as is feasible after the Exiting TSP’s Exit Plan is filed with the Commission, the Exiting TSP and the Acquiring Carrier shall establish with their applicable Network Service Providers appropriate arrangements for migration of the Exiting TSP’s customers to the Acquiring Carrier. The Exiting TSP and the Acquiring Carrier shall submit to their applicable Network Service Providers any service orders and information needed to carry out the migration. Such service orders and information shall be submitted sufficiently in advance of the Exiting TSP’s proposed discontinuance of service date so that the migration will be able to be completed by the proposed discontinuance of service date.

(b) Carriers other than the Acquiring Carrier who are acquiring the Exiting TSP’s customers shall submit to their applicable Network Service Providers any service orders and information needed to carry out the migration. To the extent feasible, such service orders and information shall be submitted sufficiently in advance of the Exiting TSP’s proposed discontinuance of service date so that the migration will be able to be completed by the proposed discontinuance of service date.

(c) The Exiting TSP shall make available to its Network Service Provider, its customers’ new carriers and these carriers’ Network Service Providers, the CSR information needed to migrate the Exiting TSP’s customers, and any other information reasonably needed to migrate the Exiting TSP’s customers. Upon request, the Exiting TSP shall also provide to Commission Staff CSR information for customers whose particular serving arrangements may create migration problems.

(d) The Exiting TSP must track the progress of the migration of its customers and provide the Commission with progress reports. The reports shall contain a count of the customers that remain in service with the Exiting TSP and such other information as shall be specified by the Commission. The reports shall be provided at such intervals as shall be specified by the Commission. Subject to 15 DCMR § 150 and other provisions of applicable law, upon request by the Office of the People’s Counsel, the Exiting TSP shall provide copies of the progress reports to the Office of the People’s Counsel.

(e) Except as authorized by the Commission pursuant to Subsection 2706.3(e) or as otherwise authorized by the Commission, the Exiting TSP shall not discontinue provision of service until all of its customers who will be affected by its discontinuance of service have migrated to other carriers.

2706.7 NXX Code Transfers

If the Exiting TSP has any NXX codes or thousand number blocks assigned, it must make transfer arrangements with the code administrator at least sixty-six (66) days prior to the proposed discontinuance of service date or by such earlier date as shall be specified by the code administrator.

2706.8 E- 911

The Exiting TSP must unlock all of its telephone numbers in the E911 database in accordance with the National Emergency Numbering Association’s standards.

The Exiting TSP must submit a letter to the appropriate E911 service provider authorizing the E911 service provider to unlock any remaining E911 records after the Exiting TSP has discontinued provision of service. This letter must be provided at least thirty (30) days prior to the Exiting TSP’s discontinuance of service. A copy of such letter shall be filed with the Commission.

The Exiting TSP must provide E911 service to any customer who does not select another local exchange carrier prior to the Cut-Off Date if it is technically possible to provide the service itself or the Exiting TSP may obtain such service from its underlying or any other carrier.

2706.9 Freezes

All customers who have preferred carrier freezes on the services affected by a migration to an Acquiring Carrier will be transferred to the Acquiring Carrier, unless they have selected a different carrier by the Cut-Off Date. The Exiting TSP shall lift existing preferred carrier freezes on services involved in a migration to an Acquiring Carrier. An Acquiring Carrier shall advise the customers that it is acquiring from the Exiting TSP that if they want preferred carrier freezes, they must contact the Acquiring Carrier to arrange for such freezes.

2706.10 Reservation of Rights

Nothing in this Section 2706 shall limit, or delay the right to exercise, any right that an incumbent local exchange carrier, TSP, or other person may have under an interconnection or resale agreement, tariff, or otherwise, to require payment for, to decline to provide, or to suspend or terminate, interconnection, network elements, telecommunications services, collocation, or other services, facilities, equipment, or arrangements.

History

SOURCE: Final Rulemaking published at 48 DCR 4664 (May 25, 2001); as amended by Final Rulemaking published at 51 DCR 9998 (October 29, 2004); as amended by Final Rulemaking published at 52 DCR 724 (January 28, 2005); as amended by Final Rulemaking published at 55 DCR 12144 (November 28, 2008); as amended by Final Rulemaking published at 58 DCR 9020 (October 21, 2011); as amended by Final Rulemaking published at 66 DCR 6383 (May 24, 2019). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 2706

15 DCMR § 2707 ABANDONMENT OF COPPER FACILITIES

2707.1 Applicability

This section applies when a TSP that has one (1) or more customers that are provided local exchange services over copper facilities (including, but not limited to, a class of customers such as residential customers or business customers, or customers located in specified geographic areas) proposes to abandon the provisioning of local exchange services over copper facilities. However, this section does not apply where a TSP in the ordinary course of business is proposing only to abandon copper facilities in order to resolve a service quality concern raised and agreed to by the customer with the TSP. Additionally, this section does not apply to an emergency repair situation in which copper facilities are replaced with fiber facilities in order to expedite resolution of out-of-service conditions for multiple customers.

2707.2 Public Notifications

Any TSP that seeks to abandon copper facilities used to provide regulated local exchange service shall file a notification of this abandonment with the Commission, OPC, and with:

The electric and gas public utilities, competitive electricity suppliers, and competitive natural gas suppliers in the affected service area at least two hundred seventy (270) days before the proposed abandonment of copper facilities;

Any other TSPs that provides regulated local exchange service to residential or business customers in the affected service area at least one hundred eighty (180) days before the proposed abandonment of copper facilities;

Business customers in the affected service area at least 180 days before the proposed abandonment of copper facilities; and

Residential customers in the affected service area at least ninety (90) days before the proposed abandonment of copper facilities.

2707.3 The notice to customers, which the TSP shall file with the Commission and OPC, shall include:

(a) The TSP’s name and address;

(b) The name, telephone number, and email address of a contact person who can supply additional information about the proposed copper facilities abandonment;

(d) The location, by geographic area, of the copper facilities abandonment;

(e) A statement indicating whether the copper facilities will be abandoned or removed; and

(f) A description of the reasonably foreseeable impact of the copper facilities abandonment, including changes to rates, and terms and conditions of service.

2707.4 In addition to the information required by Subsection 2707.3, the notice to business and residential customers shall include:

A statement that the customer will still be able to purchase the existing local exchange service(s) to which he or she subscribes with the same functionalities and features as the service he or she currently purchases from the TSP, except that if this statement would be inaccurate, the TSP must include a statement identifying any changes to the service(s) and the quality, reliability, functionality and features thereof; and

A toll-free telephone number for a customer help line, a URL for a related Web page on the TSP’s Web site with relevant information, contact information for the Commission’s Office of Consumer Services, including the URL for the Commission’s consumer complaint portal.

2707.5 The notice to each business and retail customer shall be in writing unless the Commission authorizes in advance, for good cause shown, another form of notice. The notice shall:

Be uniformly translated into another language when such notice is not written in the English language;

Not include any statement attempting to encourage a customer to purchase a service other than the service to which the customer currently subscribes;

Not include any marketing materials for unregulated services in the postal mail envelope containing the notice of copper facilities abandonment; and

Not identify the existing services in the notice by a brand or name used for any unregulated fiber-based services.

2707.6 If the proposed abandonment of copper facilities will result in the discontinuance of regulated local exchange service, then an application for abandonment of service to the local exchange services market required by Section 2706 must be filed ninety (90) days before the abandonment of local exchange service.

2707.7 A TSP shall file with the Commission any notice of abandonment of copper facilities or Section 214(a) application filed with the FCC on the date that it was filed with the FCC.

History

SOURCE: Final Rulemaking published at 51 DCR 10001 (October 29, 2004); as amended by Final Rulemaking published at 58 DCR 9020 (October 21, 2011); as amended by Final Rulemaking published at 64 DCR 12447 (December 8, 2017); as amended by Final Rulemaking published at 66 DCR 6383 (May 24, 2019). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 2707

15 DCMR § 2708 RELINQUISHMENT OF CERTIFICATE

2708.1 A certificated party that has never had customers or facilities in the District of Columbia may, at any time, relinquish its certification to provide telecommunications service in the District of Columbia by filing an affidavit, signed by a party authorized to act on behalf of the certificated party, with the Commission verifying:

The certificated party’s name, address, telephone number, fax number, and any other name(s) under which the certificated party applied for or received the certificate to provide telecommunications service in the District of Columbia that is being relinquished;

That the certificated party has never provided telecommunications services to any customers and does not have facilities in the District of Columbia;

That the certificated party owes no outstanding debts to the District of Columbia, or a description of the arrangements made for payment of any outstanding debts including taxes, fees, or other amounts owed to the Commission or any other agency of the District of Columbia; and

That the certificated party understands that by relinquishing its certification, it may not provide local exchange service to any customers in the District of Columbia, regardless of the facilities used, and that in order to provide telecommunications services to any customers in the District of Columbia in the future, the certificated party must reapply for a certificate in accordance with Chapter 25 of the Commission’s rules.

2708.2 The Commission shall act on any request to relinquish a certification within fifteen (15) days of its filing.

History

SOURCE: Final Rulemaking published at 58 DCR 9020, 9037 (October 21, 2011); as amended by Final Rulemaking published at 61 DCR 9863 (September 26, 2014); as amended by Final Rulemaking published at 66 DCR 6383 (May 24, 2019). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 2708

15 DCMR § 2709 [RESERVED]

History

SOURCE: Notice of Final Rulemaking published at 58 DCR 9020, 9036 (October 21, 2011).

15 DCMR § 2710 REPORTS

2710.1 All TSPs in the District shall be required to file an annual report with the Commission on the Commission’s annual report form by April 1 of each year, including the following information:

Type of services being provided to customers in the District as of the previous year ending December 31;

Number of lines and customers, classified by residential category and non-residential category;

(d) Name, address, telephone number, fax number, and e-mail address, if available, of the regulatory and customer service contacts;

(e) The means by which the TSP is providing service (such as, resale through the incumbent local exchange carrier, resale through another provider, facilities-based including lease of unbundled network elements, resale, and facilities-based, or other); and

(f) Such other information as the Commission may require.

2710.2 A TSP requesting that its report, or any portion thereof, be treated as confidential shall follow the procedures outlined in 15 DCMR § 150 regarding confidential and proprietary information.

History

SOURCE: Final Rulemaking published at 58 DCR 9020 (October 21, 2011); as amended by Final Rulemaking published at 66 DCR 6383 (May 24, 2019). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 2710

15 DCMR § 2711 [RESERVED]

History

SOURCE: Notice of Final Rulemaking published at 58 DCR 9020, 9037 (October 21, 2011).

15 DCMR § 2712 [RESERVED]

History

SOURCE: Notice of Final Rulemaking published at 58 DCR 9020, 9037 (October 21, 2011).

15 DCMR § 2713 [RESERVED]

History

SOURCE: Notice of Final Rulemaking published at 58 DCR 9020, 9037 (October 21, 2011).

15 DCMR § 2714 [RESERVED]

History

SOURCE: Notice of Final Rulemaking published at 58 DCR 9020, 9037 (October 21, 2011).

15 DCMR § 2715 [RESERVED]

History

SOURCE: Notice of Final Rulemaking published at 58 DCR 9020, 9037 (October 21, 2011).

15 DCMR § 2716 [RESERVED]

History

SOURCE: Notice of Final Rulemaking published at 58 DCR 9020, 9037 (October 21, 2011).

15 DCMR § 2717 [RESERVED]

History

SOURCE: Notice of Final Rulemaking published at 58 DCR 9020, 9037 (October 21, 2011).

15 DCMR § 2718 [RESERVED]

History

SOURCE: Notice of Final Rulemaking published at 58 DCR 9020, 9037 (October 21, 2011).

15 DCMR § 2719 [RESERVED]

History

SOURCE: Notice of Final Rulemaking published at 58 DCR 9020, 9037 (October 21, 2011).

15 DCMR § 2720 RETAIL QUALITY OF SERVICE MEASURES

2720.1 All telecommunications service providers having more than ten thousand (10,000) access lines shall comply with and report on the following retail quality of service measures.

2720.2 Installation Commitments Met measure – This measure evaluates the percentage of times that a telecommunications service provider completed the installation of the customer’s local exchange service by the installation date. The installation date for business and residential customers is the close of business on the fifth business day following the date that the request for the installation was made or the customer-requested date, whichever is later. The following requirements apply:

(a) The standard for this measure is ninety-five percent (95%) completion by the installation date per month;

(b) Results for this measure shall be calculated by dividing the number of installation dates met by the total number of installation date commitments made. Results shall be stated as a percentage rounded to the hundredth decimal place using traditional mathematical rounding;

(c) Data collected for this measure shall be disaggregated into residential and business customer categories and reported by those categories; and

(d) If the installation date is missed due to customer fault, then it shall not be included in the sample to be measured. Customer fault means that access to the customer premises is unavailable during the five day window or installation at the customer’s premise cannot be done because the premises is unsafe or if the customer requests a different installation date from the telecommunications service provider before the installation date.

2720.3 Trouble Reports Per One hundred (100) Lines measure – This measure evaluates the number of access lines per one hundred (100) access lines for which a customer reports a trouble. The following requirements apply:

(a) If a customer has multiple access lines and more than one (1) access line experiences a network service problem, then each access line shall be counted separately;

(b) The standard for this measure is four (4) troubles per one hundred (100) lines;

(c) Results for this measure shall be calculated by dividing the number of initial trouble reports by the total number of access lines. This figure is then multiplied by one hundred (100). Results shall be reported to the hundredth decimal place, rounded using traditional mathematical rounding principles.

2720.4 Out-of-service Clearing Time measure – This measure evaluates the percentage of customer troubles that are classified as out-of-service problems that are cleared within twenty-four (24) hours. The following requirements apply:

(a) For purposes of starting the twenty-four (24) hour time clock to calculate the time period:

(1) If an outage report is received during normal business hours, then the time clock begins when the outage report is received by the telecommunications service provider;

(2) If an outage report is received outside of normal business hours, then the time clock begins at the beginning of the day on the next business day;

(3) If the telecommunications service provider is unable to gain access to the customer premises to repair the out-of-service condition, then the twenty-four (24) hour time clock is stopped until the provider can gain access to the property; and

(4) Each telecommunications service provider shall establish its normal business hours in its customer bills and on a page that is readily accessible to consumers on its website.

(b) The standard for this measure shall be eighty percent (80%) clearance within twenty-four (24) hours;

(c) Results for this measure shall be calculated by dividing the number of out-of-service reports cleared within twenty-four (24) hours by the total number of out-of-service reports received. The result shall be reported as a percentage rounded to the hundredth decimal place using traditional mathematical rounding; and

(d) Data collected for this measure shall be disaggregated into residential and business customer categories and reported by those categories.

2720.5 Data for all measures shall be collected and reported on a District of Columbia-wide basis.

2720.6 Included services – The measures shall apply to the following services:

(a) Residential access lines;

(b) Business single line and Centrex lines; or

2720.7 Exceptions - The measures shall not apply to the following services:

UNE-P;

UNE-L;

DS1;

DS0;

DS3;

EEL;

Resold services;

Dedicated non-switched services;

Wide area telephone service;

Integrated service digital network services;

The special service portion of PBX service;

Broadband services;

Voice mail and customer premises equipment;

Inside wire;

Payphone equipment and service;

VoIP services; or

Failures caused by collocation or interconnection problems.

2720.8 Reporting - Each telecommunications service provider shall collect and retain accurate data demonstrating their compliance with the measures in this chapter. Data is to be collected on a monthly basis in a format established by Commission order and these rules. The following applies to the data telecommunication service providers are required to provide:

(a) Each telecommunications service provider shall submit its monthly reports to the Commission on a quarterly basis, with the months of January, February, and March being submitted on April 30; the months of April, May, and June being submitted on July 30; the months of July, August, and September being submitted on October 30; and the months of October, November, and December being submitted on January 30 of the next year;

(b) If a telecommunications service provider fails a measure in a quarterly report, the provider shall file an explanation for the failure and a plan to remedy the failure. If the failure was due to data clustering, customer error, or unforeseeable events, then the telecommunications service provider may request a waiver of the performance standard. The request for a waiver shall contain a detailed explanation of the reasons for granting such a waiver; and

(c) Each telecommunications service provider shall retain its reporting data for three (3) years in the event that the records are audited by the Commission.

History

SOURCE: Final Rulemaking published at 53 DCR 7538 (September 15, 2006); incorporating by reference the text of Proposed Rulemaking published at 53 DCR 4466 (June 2, 2006); as amended Notice of Final Rulemaking published at 58 DCR 9020, 9037 (October 21, 2011); as amended by Final Rulemaking published at 66 DCR 0671 (January 18, 2019). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 2720

15 DCMR § 2721 [RESERVED]

History

SOURCE: Notice of Final Rulemaking published at 58 DCR 9020, 9040 (October 21, 2011).

15 DCMR § 2722 [RESERVED]

History

SOURCE: Notice of Final Rulemaking published at 58 DCR 9020, 9040 (October 21, 2011).

15 DCMR § 2723 [RESERVED]

History

SOURCE: Notice of Final Rulemaking published at 58 DCR 9020, 9040 (October 21, 2011).

15 DCMR § 2724 [RESERVED]

History

SOURCE: Notice of Final Rulemaking published at 58 DCR 9020, 9040 (October 21, 2011).

15 DCMR § 2725 [RESERVED]

History

SOURCE: Notice of Final Rulemaking published at 58 DCR 9020, 9040 (October 21, 2011).

15 DCMR § 2726 [RESERVED]

History

SOURCE: Notice of Final Rulemaking published at 58 DCR 9020, 9040 (October 21, 2011).

15 DCMR § 2727 [RESERVED]

History

SOURCE: Notice of Final Rulemaking published at 58 DCR 9020, 9040 (October 21, 2011).

15 DCMR § 2728 [RESERVED]

History

SOURCE: Notice of Final Rulemaking published at 58 DCR 9020, 9040 (October 21, 2011).

15 DCMR § 2729 [RESERVED]

History

SOURCE: Notice of Final Rulemaking published at 58 DCR 9020, 9040 (October 21, 2011).

15 DCMR § 2730 BILLING ERROR NOTIFICATION

2730.1 Each telecommunications service provider must inform the Commission and the Office of the People’s Counsel when a billing error has affected one hundred (100) or more customers or the number of affected customers is equal to or more than two percent (2%) of the telecommunications service provider’s customer base. A telecommunications service provider with a customer base of less than one hundred (100) customers shall report errors when two (2) or more customers are affected.

2730.2 Each telecommunications service provider shall file a billing error report within three (3) business days of discovering or being notified of the error. The billing error report shall be filed with the Commission and served on the Office of the People’s Counsel.

2730.3 The billing error report shall include the following:

Type(s) of billing error(s);

Date of the billing error(s);

Number of customers affected;

Cause of the error and status of any and all corrective action(s) taken; and

(e) Timeline for completing any and all other required corrective action(s).

2730.4 Upon receipt of the billing error report, the Commission shall determine whether any further investigation is necessary.

History

SOURCE: Final Rulemaking published at 54 DCR 11993 (December 14, 2007); incorporating by reference the text of Proposed Rulemaking published at 54 DCR 9404 (September 28, 2007); as amended by Notice of Final Rulemaking published at 58 DCR 9020, 9040 (October 21, 2011).

15 DCMR § 2731 [RESERVED]

History

SOURCE: Notice of Final Rulemaking published at 58 DCR 9020, 9041 (October 21, 2011).

15 DCMR § 2732 [RESERVED]

History

SOURCE: Notice of Final Rulemaking published at 58 DCR 9020, 9041 (October 21, 2011).

15 DCMR § 2733 [RESERVED]

History

SOURCE: Notice of Final Rulemaking published at 58 DCR 9020, 9041 (October 21, 2011).

15 DCMR § 2734 [RESERVED]

History

SOURCE: Notice of Final Rulemaking published at 58 DCR 9020, 9041 (October 21, 2011).

15 DCMR § 2735 [RESERVED]

History

SOURCE: Notice of Final Rulemaking published at 58 DCR 9020, 9041 (October 21, 2011).

15 DCMR § 2736 [RESERVED]

History

SOURCE: Notice of Final Rulemaking published at 58 DCR 9020, 9041 (October 21, 2011).

15 DCMR § 2737 [RESERVED]

History

SOURCE: Notice of Final Rulemaking published at 58 DCR 9020, 9041 (October 21, 2011).

15 DCMR § 2738 [RESERVED]

History

SOURCE: Final Rulemaking published at 58 DCR 9020, 9041 (October 21, 2011). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 2738

15 DCMR § 2739 [RESERVED]

History

SOURCE: Notice of Final Rulemaking published at 58 DCR 9020, 9041 (October 21, 2011).

15 DCMR § 2740 REPORTING REQUIREMENTS FOR SERVICE OUTAGES AND INCIDENTS RESULTING IN PERSONAL INJURY OR DEATH

2740.1 The provisions of this section, except as otherwise reflected, shall apply to all telecommunications service providers serving at least one hundred (100) customers or one hundred (100) access lines, excluding telecommunications service providers that utilize local access obtained from the incumbent local exchange provider or another telecommunications service provider via resold or commercially negotiated agreements.

2740.2 Telecommunications service providers shall report to the Commission and to the Office of the People’s Counsel certain telecommunications service outages and disruptions. Telecommunications service providers shall report incidents that result in the loss of human life or personal injury requiring hospitalization directly or indirectly arising from or connected with the maintenance or operation of the telecommunications system within the District of Columbia.

2740.3 All service outages shall be communicated by telephone or email to the Commission and the Office of the People’s Counsel as soon as practicable, but not later than one (1) hour after the telecommunications service provider has determined that a service outage has occurred.

2740.4 Each telephone or email communication rendered by the telecommunications service provider subsequent to a service outage shall, at a minimum, state clearly the following information:

(a) The date and time the telecommunications service provider determines that the service outage has occurred;

(b) The most specific location in the telecommunications service provider’s network of the service outage(s) that is available when the report is filed;

(d) The estimated total number of customers out of service;

(e) A preliminary assessment as to the cause of the service outage(s); and

(f) The estimated repair and/or restoration time.

2740.5 If the service outage is required to be reported to the Federal Communications Commission (FCC) pursuant to 47 C.F.R. §§ 4.9 and 4.11, then the telecommunications service provider shall file a copy of the same reports with the Commission and the Office of the People’s Counsel.

2740.6 If the service outage occurs during the Commission’s business hours, the telecommunications service provider shall file the relevant Notification Communications Outage Report (NORS) required by 47 C.F.R. §§ 4.9 and 4.11 with the Commission and the Office of the People’s Counsel within two (2) hours after the NORS has been filed with the FCC.

2740.7 For service outages occurring outside of the Commission’s normal business hours, the telecommunications service provider shall file with the Commission and the Office of the People’s Counsel within one (1) hour of the next business day the relevant NORS filed with the Federal Communications Commission pursuant to 47 C.F.R. §§ 4.9 and 4.11.

2740.8 For those service outages that are reported to the FCC, within one (1) business day of submission of the Initial Communications Outage Report and the Final Communications Outage Report to the FCC pursuant to 47 C.F.R. §§ 4.9 and 4.11, the telecommunications service provider shall file a copy of the District-specific portion of those reports with the Commission and the Office of the People’s Counsel.

2740.9 If the telecommunications service provider withdraws any report that is submitted to the FCC pursuant to 47 C.F.R. §§ 4.9 and 4.11 as well as the Commission and the Office of the People’s Counsel, the telecommunications service provider shall file with the Commission and the Office of the People’s Counsel the withdrawal filed with the Federal Communications Commission within one (1) business day of submission of the withdrawal. The telecommunications service provider shall also explain the reasons for the withdrawal.

2740.10 The telecommunications service provider shall provide its customer service representatives or other appropriate employees with specific restoration information, including estimated restoration times, to enable the customer service representatives or appropriate employees to respond to customer inquiries regarding the service outage.

2740.11 The telecommunications service provider shall file a written report concerning all service outages with the Public Service Commission and the Office of the People’s Counsel within five (5) days following the end of a service outage. Each written report shall, at a minimum, state clearly the following information:

(a) A description of the service outage(s) and/or incident(s) and information as to the cause of the event(s);

(b) The actual location of the outage(s) in the telecommunications service provider’s network;

(d) The actual repair and restoration times of the service outage(s) and/or incident(s);

(e) A description of the restoration effort;

(f) The total number of customers affected by the service outage;

(g) A self-assessment of the telecommunications service provider’s restoration efforts in the District of Columbia; and

(h) A description of the steps that the telecommunications service providers will undertake to prevent such outages in the future or improve repair times and processes.

2740.12 The Commission may request additional information concerning any service outage, if necessary.

2740.13 Telecommunications service providers shall communicate by telephone or email all incidents that result in the loss of human life and/or personal injury requiring hospitalization, directly or indirectly arising from or connected with the telecommunications service provider’s maintenance or operation, to the Commission and the Office of the People’s Counsel within one (1) hour upon receiving notice of the incident.

2740.14 Each telephone or email communication concerning the loss of human life and/or personal injury requiring hospitalization shall, at a minimum, state clearly the following information:

The location of the incident(s);

The date and time of the incident(s);

The total number of persons affected;

A brief description of the incident; and

Identification of a contact person and contact information.

2740.15 A written report concerning the loss of human life and/or personal injury requiring hospitalization shall be submitted to the Commission and to the Office of the People’s Counsel within thirty (30) days after the completion of any internal investigation or notification of the completion of any governmental investigation of any incident that results in the loss of life and/or personal injury requiring hospitalization, directly or indirectly arising from or connected with the telecommunications service provider’s maintenance or operations. If there is no investigation, the report shall be submitted thirty (30) days after the incident. The report shall include:

A description of the incident(s) and information as to the cause of the event(s);

The location of the incident(s);

(d) The total number of persons affected;

(e) Any other known relevant information about the incident not provided in the original notification; and

(f) The steps the telecommunications service provider will take to prevent such an occurrence in the future.

2740.16 The Commission may request, if necessary, additional information concerning any incident that results in the loss of life and/or personal injury requiring hospitalization, directly or indirectly arising from or connected with the telecommunications service provider’s maintenance or operations.

2740.17 Notifications of PSAP service outages communicated under subsection 2740.4, all FCC NORS reports, and all reports filed under subsections 2740.9 and 2740.13 are presumed to be confidential. Challenges to the confidentiality of these reports shall follow the procedures outlined in the Commission’s rules governing confidential and proprietary information. All initial reports for all service outages except for PSAP service outages filed under this section are not presumed to be confidential.

History

SOURCE: Notice of Final Rulemaking published at 54 DCR 11993 (December 14, 2007), incorporating by reference the text of Proposed Rulemaking published at 54 DCR 9404 (September 28, 2007); as amended by Final Rulemaking published at 57 DCR 2302 (March 19, 2010), incorporating by reference the text of Proposed Rulemaking published at 57 DCR 141 (January 1, 2010); as amended by Final Rulemaking published at 57 DCR 8023 (September 3, 2010); as amended by Notice of Final Rulemaking published at 59 DCR 781 (February 3, 2012); as amended by Notice of Final Rulemaking published at 59 DCR 3153 (April 20, 2012); as amended by Final Rulemaking published at 65 DCR 8551 (August 17, 2018). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 2740

15 DCMR § 2798 WAIVER

2798.1 The Commission may upon request, or on its own initiative after notice to the parties of its intention do so, waive any provision of this chapter for good cause.

History

SOURCE: Final Rulemaking published at 48 DCR 4664, 4670 (May 25, 2001); as amended by Final Rulemaking published at 51 DCR10016 (October 29, 2004); as amended by Notice of Final Rulemaking published at 58 DCR 9020, 9041 (October 21, 2011); as amended by Final Rulemaking published at 67 DCR 11091 (September 18, 2020). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 2798

15 DCMR § 2799 DEFINITIONS

2799.1 When used in this chapter, the following terms and phrases shall have the meaning ascribed:

Abandonment of Certification Application - an application to abandon the certification to operate as a CLEC in the District of Columbia.

Abandonment of Certification or Certificate of Convenience and Public Necessity Application – an application to abandon the certification or certificate of convenience and public necessity to operate as a telecommunications service provider in the District of Columbia.

Abandonment of Copper Facilities – removal or disabling of copper facilities; the replacement of copper facilities with fiber-to-the-home loops or fiber-to-the-curb loops; or the failure to maintain copper facilities that is the functional equivalent of removal or disabling these facilities.

Abandonment of Service Application - an application to abandon provisioning of telecommunications services in the District, either in whole or in part (including, but not limited to, for a class of customers {such as residential customers or business customers} or customers located in specified geographic areas).

Abandonment, Reduction, or Impairment of Service Application – an application to abandon, reduce, or impair the provisioning of telecommunications services in the District, either in whole or in part (including, but not limited to, for a class of customers {such as residential customers or business customers} or customers located in specified geographic areas).

Access line - a telecommunications channel of varying size that is associated with a particular telephone number.

Applicant - a CLEC filing an abandonment of certification or an abandonment of service application.

Business customer - a customer who subscribes to a telecommunications service provider’s business services.

Clearing - that the telecommunications service provider has restored the service to the customer, so the out-of-service problem no longer exists.

Commission - the Public Service Commission of the District of Columbia.

Competitive Local Exchange Carrier (CLEC) - any provider of telecommunications service that was not an incumbent local exchange carrier on January 31, 1996, and has been granted certification to provide telecommunications services in the District of Columbia.

Copper Facilities – copper loops, subloops, or the feeder portion of such loops and subloops.

Customer trouble report - a report of trouble on a customer’s access line received by the telecommunications service provider. The customer trouble report can be filed by the customer, a third party, or an employee of the telecommunications service provider.

Days - calendar days, unless otherwise provided.

FCC - Federal Communications Commission.

Incumbent local exchange carrier - with respect to an area, the local exchange carrier or its successor(s) that provided local exchange service in such an area on the date of enactment of the federal Telecommunications Act of 1996 (P.L. 104-104).

Installation date - the date set by the telecommunications service provider by which an installation of an access line is to be completed.

Local Exchange Service - a telecommunications service provided within an exchange area.

Local Exchange Carrier - a provider of local exchange service within an exchange area.

NENA standards - the standards adopted by the National Emergency Number Association to provide guidance with 911 and E911 technical and operational issues.

Out-of-service - a condition in which the customer either cannot complete outgoing calls or receive incoming calls or where interference makes connected calls incomprehensible.

Outage report - a report to the telecommunications service provider of an out-of-service condition.

Residential customer _ a customer who subscribes to a telecommunications service provider’s residential services.

Retail Quality of Service Measures - the measures used to evaluate telecommunications service providers’ quality of service to retail customers.

Service outage - an outage that lasts for at least thirty (30) minutes and affects one hundred (100) or more retail customers or one hundred (100) or more retail access lines. This definition includes an outage affecting the District of Columbia’s PSAP in one of the following ways:

A loss of communications to the District of Columbia’s PSAP that is neither on the premises of the PSAP nor caused by the PSAP and no rerouting of calls is available;

A loss of E911 call processing capabilities in at least one (1) of the E911 selective routers/tandems;

Isolation of end-office switches or host/remote clusters from E911 service; or

loss of associated number and associated location information and/or a failure of location determination equipment that is neither on the premises of the PSAP nor caused by the PSAP.

Tariff - a written schedule that describes the service being offered, lists all terms and conditions, and specifies the rate or rates charged for the service.

Telecommunications - the transmission, between or among points specified by the user, of information of the user's choosing, without change in the form or content of the information as sent and received.

Telecommunications industry - communications businesses using regulated or unregulated facilities or services and includes broadcasting, telecommunications, cable, computer data transmission, software, programming, advanced messaging and electronics.

Telecommunications service _ the offering of telecommunications for a fee directly to the public or to such classes of users as to be effectively available to the public, regardless of the facilities used.

Telecommunications service provider - an entity that provides telecommunications services. An entity that provides only telecommunications services that are not regulated by the Commission is not included in this definition.

Trouble - an impairment of the telephone network, or a deviation from its design specifications.

History

SOURCE: Final Rulemaking published at 48 DCR 4664, 4670 (May 25, 2001); as amended by Final Rulemaking published at 51 DCR10016 (October 29, 2004); as amended by Final Rulemaking published at 58 DCR 9020, 9041 (October 21, 2011); as amended by Final Rulemaking published at 59 DCR 781, 785 (February 3, 2012); as amended by Final Rulemaking published at 66 DCR 6383 (May 24, 2019); as amended by Final Rulemaking published at 66 DCR 10276 (August 9, 2019). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 2799

15-28 UNIVERSAL SERVICE

15 DCMR § 2801 APPLICABILITY

This chapter establishes the Public Service Commission (Commission) of the District of Columbia Rules and Regulations Governing the Provisioning of the District’s Universal Services, in conformance with the District of Columbia Telecommunications Competition Act of 1996. This chapter shall be cited as the District of Columbia Universal Service Rules.

This chapter shall be applicable to all local exchange carriers (LEC) and Voice over Internet Protocol (VoIP) service providers. However, providers of mobile service are exempt from regulation under this chapter pursuant to D.C. Official Code § 34-2006(b).

History

SOURCE: Notice of Final Rulemaking published at 50 DCR 8198 (October 3, 2003); as amended by Notice of Final Rulemaking published at 58 DCR 8585 (October 7, 2011); as amended by Final Rulemaking published at 65 DCR 13767 (December 21, 2018). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 2801

15 DCMR § 2802 DISTRICT OF COLUMBIA UNIVERSAL SERVICES

2802.1 District of Columbia Universal Services shall consist of the following services:

(a) Voice telephony services:

(1) Voice grade access to the public switched network or its functional equivalent, with the ability to place and receive calls;

(2) Minutes of use for local service provided at no additional cost to end users;

(3) Access to emergency services, including, access to 911 and enhanced 911 (E911) services; and

(4) Toll limitation services for qualifying low-income consumers at no charge to the customer.

(b) Telecommunications Relay Service (TRS).

History

SOURCE: Final Rulemaking published at 50 DCR 8198 (October 3, 2003); as amended by Final Rulemaking published at 58 DCR 8585, 8586 (October 7, 2011); as amended by Final Rulemaking published at 59 DCR 12141 (October 19, 2012); as amended by Final Rulemaking published at 63 DCR 14856 (December 2, 2016). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 2802

15 DCMR § 2803 DISTRICT OF COLUMBIA UNIVERSAL SERVICE TRUST FUND

2803.1 Funds from the DC USTF will be used to support the enumerated services listed in § 2802.1. The funds shall be used to reimburse eligible telecommunications carriers (ETCs) for the reasonable investments and expenses not recovered from the federal universal service low-income fund.

2803.2 The amount to be reimbursed shall be calculated for each ETC to be the remainder of the ETC’s retail tariffed rate less funding from the Federal Universal Service Low Income Fund less the tariffed lifeline rate for each eligible customer subscribing to the ETC’s lifeline service.

History

SOURCE: Final Rulemaking published at 50 DCR 8198 (October 3, 2003); as amended by Final Rulemaking published at 56 DCR 7644 (September 25, 2009); as amended by Final Rulemaking published at 58 DCR 10343 (December 9, 2011); as amended by Final Rulemaking published at 59 DCR 12141 (October 19, 2012); as amended by Final Rulemaking published at 66 DCR 12430 (September 20, 2019). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 2803

15 DCMR § 2804 FUNDING OF THE DISTRICT OF COLUMBIA UNIVERSAL SERVICE TRUST FUND

2804.1 The DC USTF shall be funded through monthly contributions paid by each LEC and each VoIP service provider in an amount proportionate to each LEC and each VoIP service provider’s share of revenue from local telecommunications or telecommunications services derived from end users in the District of Columbia determined annually by the DC USTF Administrator as described in this chapter.

History

SOURCE: Notice of Final Rulemaking published at 50 DCR 8198 (October 3, 2003); as amended by Notice of Final Rulemaking published at 58 DCR 8585, 8586 (October 7, 2011); as amended by Notice of Final Rulemaking published at 58 DCR 10343, 10344 (December 9, 2011).

15 DCMR § 2805 SIZING THE DISTRICT OF COLUMBIA UNIVERSAL SERVICE TRUST FUND

2805.1 The size of the DC USTF shall be the sum of the total local lifeline subsidy, the cost of lifeline eligibility verification, the cost of providing TRS, and reasonable administration costs for the Fund. The lifeline subsidy shall be determined by taking the difference between subsidized lifeline rates and the comparable tariffed residential rates, less the federal USF support, times the number of customers who subscribe to lifeline service.

2805.2 The Fund Administrator shall submit to the Commission:

(a) An income statement of the Fund’s activity based on the proceeding calendar year by April 15; and

(b) A proposed budget for the Fund for the upcoming calendar year by September 30.

2805.3 On or before November 30 of each year, the Commission shall establish a budget for the upcoming year after seeking comments on the Fund Administrator’s proposed budget.

History

SOURCE: Notice of Final Rulemaking published at 50 DCR 8198 (October 3, 2003); as amended by Emergency Rulemaking published at 51 DCR 9466 (October 8, 2004) [EXPIRED]; as amended by Final Rulemaking published at 51 DCR 10940 (November 26, 2004); as amended by Final Rulemaking published at 56 DCR 7644 (September 25, 2009); as amended by Final Rulemaking published at 56 DCR 9450 (December 18, 2009); as amended by Notice of Final Rulemaking published at 58 DCR 8586, 8586 (October 7, 2011).

15 DCMR § 2806 ELIGIBILITY TO RECEIVE UNIVERSAL SERVICE FUNDING

2806.1 Upon request by a local exchange carrier, and after notice and comment, the Commission shall consider designation of the requesting carrier as an ETC to receive funding from the DC USTF under the District of Columbia Telecommunications Competition Act of 1996, 47 U.S.C. § 214(e) and the FCC rules implementing 47 U.S.C. § 214(e). Interested parties may file comments within thirty (30) days after publication in the D.C. Register of the Commission’s Public Notice and reply comments within forty-five (45) days of publication..

2806.2 The Commission shall designate a requesting local exchange carrier as an ETC, provided:

(a) The LEC is certificated by the Commission to provide local exchange service, and offers all universal services to all residential customers in the District in a nondiscriminatory manner;

(b) The LEC has a compliant tariffed lifeline service in the District and advertises the availability and charges for lifeline service(s) it provides through multiple media of general distribution reasonably expected to reach eligible residents;

(c) The LEC has been designated as an ETC for purposes of Federal Universal Service support, or such designation is granted concurrent with designation of eligibility for District funding;

(d) The LEC can demonstrate that it is technically and financially capable of providing lifeline service; and

(e) The Commission determines that the designation is in the public interest and that the LEC complies with the appropriate Commission and FCC regulations.

2806.3 In order to be designated as an ETC for purposes of Federal Universal Service support, the local exchange carrier shall meet the requirements of 47 U.S.C. § 214(e) and the FCC’s rules implementing 47 U.S.C. § 214(e).

History

SOURCE: Notice of Final Rulemaking published at 50 DCR 8198 (October 3, 2003); as amended by Notice of Final Rulemaking published at 58 DCR 8585, 8587 (October 7, 2011); as amended by Final Rulemaking published at 59 DCR 12141 (October 19, 2012); as amended by Final Rulemaking published at 65 DCR 13767 (December 21, 2018). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 2806

15 DCMR § 2807 RELINQUISHMENT OF DC USTF SUPPORT ELIGIBILITY

2807.1 A local exchange carrier may seek to relinquish its ETC designation.

2807.2 If the District of Columbia is served by more than one (1) ETC, the Commission may permit a carrier to relinquish its designation as an ETC upon:

(a) Written notification not less than ninety (90) days prior to the proposed effective date that the carrier seeks to relinquish its designation as an ETC;

Determination by the Commission that the remaining eligible telecommunications carrier or carriers can offer federally and District of Columbia supported services to the relinquishing ETC’s customers; and

(c) Determination by the Commission that sufficient notice of relinquishment has been provided to permit the purchase or construction of adequate facilities by any remaining eligible telecommunications carrier or carriers necessary to serve the supported customers of the relinquishing ETC prior to the effective date.

2807.3 If the District is served by only one (1) local exchange carrier that is the only ETC, the Commission may permit it to relinquish its ETC designation upon:

(a) Written notification not less than ninety (90) days prior to the proposed effective date that the LEC seeks to relinquish its designation as an ETC; and

(b) Commission approval and designation of another ETC.

History

SOURCE: Notice of Final Rulemaking published at 50 DCR 8198 (October 3, 2003); as amended by Notice of Final Rulemaking published at 58 DCR 8585, 8588 (October 7, 2011).

15 DCMR § 2808 SELECTION AND DUTIES OF THE DC USTF ADMINISTRATOR

2808.1 The DC USTF Administrator will be selected through a competitive bidding process as provided for in 15 DCMR §§ 2200, et seq.

2808.2 The Administrator shall:

(a) Manage the daily operations and affairs of the DC USTF in an efficient, fair, and competitively neutral manner;

Calculate and collect the proper assessment amount from every local exchange carrier and VoIP service provider operating in the District of Columbia;

Disburse the proper support amounts to ETCs, ensuring that only ETCs receive funds;

(d) Notify the Commission of any local exchange carriers or VoIP service providers that are in violation of any of requirements of these rules;

(e) Compute the anticipated funding required and costs of the DC USTF programs as specified in this chapter;

(f) Establish a reserve for such contingencies as late payments and uncollectibles, in an amount to be approved by the Commission;

(g) Provide information necessary to support external audits of the DC USTF;

(h) Resolve informal assessment disputes with local exchange carriers and VoIP service providers;

(i) Maintain thorough records of costs directly and reasonably associated

with implementation of the DC USTF;

(j) Establish an appropriate true-up methodology for the DC USTF assessment;

(k) Protect the proprietary nature of information reported to the DC USTF administrator in conjunction with the Commission while recognizing that the DC USTF Administrator is subject to the Freedom of Information Act (FOIA), D.C. Official Code §§ 2-531 to 2-539;

(l) Monitor the TRS provider’s compliance with the Commission’s and the FCC’s requirements for the provision of TRS and report suspected non-compliance to the Commission. At the direction of the Commission, conduct audits of the TRS provider to ensure compliance with the Commission and the FCC’s requirements for the provision of TRS;

(m) Maintain insurance to indemnify the Commission and the Fund against the Administrator’s and TRS provider’s improper use of the funds;

(n) Disburse the proper support amounts to the TRS vendor(s);

(o) Ensure that funds are received from each local exchange carrier and VoIP service provider and that the funds are deposited in the DC USTF;

(p) Disperse funds to the entity responsible for certifying Lifeline customers to reimburse for the costs of managing the certification program and the entity responsible for promoting services funded by the DC USTF; and

(q) Perform any other duties as required by law or this chapter or ordered by the Commission.

History

SOURCE: Notice of Final Rulemaking published at 50 DCR 8198 (October 3, 2003); as amended by Notice of Final Rulemaking published at 58 DCR 8585, 8588 (October 7, 2011); as amended by Final Rulemaking published at 65 DCR 13767 (December 21, 2018). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 2808

15 DCMR § 2809 UNIVERSAL SERVICE FUND AUDIT

2809.1 The Administrator or the Commission shall have the authority to audit contributors, local exchange carriers, and VoIP service providers reporting data to the Administrator.

2809.2 On July 15 every year after the establishment of the DC USTF, an audit and recommendation report of the DC USTF provided by an independent accountant that is selected by the Commission shall be submitted to the Commission.

2809.3 The costs of the DC USTF audits shall be paid by the DC USTF.

2809.4 Those portions of the report that are not confidential in nature will be made available to the public for review.

2809.5 If the result of the audit reveals evidence of fraud or mismanagement, such results will be forwarded to the Office of the Inspector General and the District of Columbia Office of the Attorney General for further review.

History

SOURCE: Notice of Final Rulemaking published at 50 DCR 8198 (October 3, 2003); as amended by Final Rulemaking published at 56 DCR 7644 (September 25, 2009); as amended by Notice of Final Rulemaking published at 58 DCR 8585, 8590 (October 7, 2011).

15 DCMR § 2810 RESOLUTION OF DISPUTES REGARDING CONTRIBUTIONS

2810.1 Any local exchange carrier or VoIP service provider may dispute the amount of contribution it is required to pay into the DC USTF.

2810.2 The local exchange carrier or VoIP service provider shall make a written request to the Fund Administrator of the DC USTF, on or before the payment due date, setting forth its dispute, and the Administrator shall attempt to resolve the dispute within thirty (30) days. This time may be extended upon a showing of good cause.

2810.3 If the dispute is not resolved by the Fund Administrator, the local exchange carrier or VoIP service provider may file an application with the Commission requesting that the Commission resolve the dispute.

2810.4 During the consideration of the dispute, the disputing local exchange carrier or VoIP service provider shall pay both the disputed and undisputed amounts to the DC USTF.

2810.5 If a disputing contributor prevails in its protest of the required contribution, the contributor will be entitled to a refund of any excess amount paid plus interest.

History

SOURCE: Notice of Final Rulemaking published at 50 DCR 8198 (October 3, 2003); as amended by Notice of Final Rulemaking published at 58 DCR 10343, 10344 (December 9, 2011).

15 DCMR § 2811 RESOLUTION OF OTHER DISPUTES

2811.1 Any adversely impacted party may dispute the actions of a local exchange carrier or VoIP service provider related to the provisioning of Universal Services. The adversely affected party may contact the Fund Administrator for resolution of the dispute.

2811.2 If resolution is not achieved, the local exchange carrier, VoIP service provider, other adversely affected party, or Fund Administrator may file an application requesting the Commission to resolve the dispute.

History

SOURCE: Notice of Final Rulemaking published at 50 DCR 8198 (October 3, 2003); as amended by Notice of Final Rulemaking published at 58 DCR 10343, 10344 (December 9, 2011).

15 DCMR § 2812 REPORTING REQUIREMENTS FOR LOCAL EXCHANGE CARRIERS AND VOIP SERVICE PROVIDERS

2812.1 By July 31 of each year, each LEC and VoIP service provider shall submit to the Fund Administrator a report containing the total revenue for each local telecommunications service or telecommunications service derived from end users in the District of Columbia provided in the twelve (12)-month period beginning January 1 of the preceding year and ending on December 31 of the preceding year (for example, January 2XXX – December 2XXX).

History

SOURCE: Notice of Final Rulemaking published at 50 DCR 8198 (October 3, 2003); as amended by Emergency Rulemaking published at 51 DCR 9466 (October 8, 2004) [EXPIRED]; as amended by Final Rulemaking published at 51 DCR 10940 (November 26, 2004); as amended by Final Rulemaking published at 56 DCR 9450 (December 18, 2009); as amended by Notice of Final Rulemaking published at 58 DCR 10343, 10345 (December 9, 2011).

15 DCMR § 2813 REPORTING REQUIREMENTS FOR THE DC USTF ADMINISTRATOR

2813.1 On a quarterly basis, the Fund Administrator shall submit to the Commission a report including:

(a) A statement of collections and distributions from the universal service fund for each local exchange carrier and VoIP service provider;

(b) A statement detailing the purpose for which the universal service funds were used (to support an enumerated service listed in § 2802.1 or for verification of lifeline eligibility); and

2813.2 On September 30 every year after the establishment of the DC USTF, the Fund Administrator shall submit to the Commission a report that includes a proposed budget for the upcoming year.

History

SOURCE: Notice of Final Rulemaking published at 50 DCR 8198 (October 3, 2003); as amended by Emergency Rulemaking published at 51 DCR 9466 (October 8, 2004) [EXPIRED]; as amended by Final Rulemaking published at 51 DCR 10940 (November 26, 2004); as amended by Final Rulemaking published at 56 DCR 7644 (September 25, 2009); as amended by Notice of Final Rulemaking published at 58 DCR 10343, 10345 (December 9, 2011).

15 DCMR § 2814 CONTRIBUTIONS TO THE DC USTF

2814.1 The amount of contribution required from each local exchange carrier and VoIP service provider shall be based on the total revenues of the local exchange carrier and VoIP service provider for local telecommunications service or telecommunications service derived from end users in the District of Columbia as a percentage of all the local exchange carrier’s or VoIP service provider's total retail revenues for local telecommunications or telecommunications services derived from end users in the District of Columbia for the previous twelve (12)-month period ending December 31.

2814.2 For VoIP providers, local telecommunications services revenue shall be based on actual local telecommunications services revenue based on a customer’s primary place of use, a traffic study used to allocate revenues by jurisdiction, or the inverse of the FCC’s Federal Universal Service Fund’s safe harbor mechanism used to determine interstate and intrastate revenue. For nomadic VoIP providers, a customer’s registered E911 location may serve as a proxy for the customer’s primary place of use. Each VoIP provider shall identify whether its reported revenue is based on actual local telecommunications services revenue, a traffic study, or the FCC safe harbor mechanism.

2814.3 The Fund Administrator shall, based on the amount to be contributed to the DC USTF, calculate the contribution required to be made to the Fund by each contributor, based on the fund level established by the Commission and the information provided pursuant to 15 DCMR § 2804.1. If any annual contribution is less than or equals twelve dollars ($12), then the Administrator may waive the payment of this contribution.

2814.4 Each local exchange carrier and VoIP service provider shall pay its contribution directly to the Fund Administrator on a monthly basis. The check or other negotiable instrument shall be payable to the "DC USTF." The invoice or other request for DC USTF contributions shall be past due thirty (30) calendar days after the date on the invoice or other request for DC USTF contributions, unless otherwise ordered by the Commission.

2814.5 Upon request by a local exchange carrier or VoIP service provider, the Fund Administrator may approve an alternative payment arrangement.

2814.6 Interest shall be charged on any payment not received by the past due date at the rate of one and half percent (1.5 %) monthly.

2814.7 All contributions and interest payments made to the DC USTF shall be deposited into the DC USTF account by the Fund Administrator.

History

SOURCE: Notice of Final Rulemaking published at 50 DCR 8198 (October 3, 2003); as amended by Final Rulemaking published at 56 DCR 9450, 9451 (December 18, 2009); as amended by Notice of Final Rulemaking published at 58 DCR 10343, 10345 (December 9, 2011); as amended by Notice of Final Rulemaking published at 59 DCR 3152 (April 20, 2012).

15 DCMR § 2815 RECOVERY OF CONTRIBUTIONS

2815.1 A local exchange carrier may recover no more than the amount of its contributions to the DC USTF from its non-Lifeline retail customers.

2815.2 Prior to recovering its DC USTF contributions from its customers, a local exchange carrier shall have a tariff specifying the charge to be assessed, in accordance with the rules and Orders of the Commission.

2815.3 The local exchange carrier shall ensure that any recovery from its retail customers shall be in a fair, equitable, and nondiscriminatory manner.

2815.4 The local exchange carrier shall also ensure that no over-recovery of contributions occurs. Any over-recovery of Fund contributions for the preceding year shall be carried forward to the ensuing year and shall be included as a reduction in the calculation of the retail end-user recovery amount for the ensuing twelve (12)-month period of the local exchange carrier’s contributions. Any under-recovery of contributions for the preceding year, may, at the option of the local exchange carrier, be recovered from the end-users within the following twelve (12) months.

2815.5 In the event a local exchange carrier elects to recover its DC USTF contributions from its customers, the amount of the recovery shall be explicitly stated as a line item on its customers’ bills.

History

SOURCE: Notice of Final Rulemaking published at 50 DCR 8198 (October 3, 2003); as amended by Notice of Final Rulemaking published at 58 DCR 8585, 8590 (October 7, 2011).

15 DCMR § 2816 REQUEST FOR DC USTF FUNDING

2816.1 Any ETC may request funding from the DC USTF for the provision of Lifeline service to an eligible customer.

2816.2 An ETC requesting funds from the DC USTF for the provision of Lifeline service to eligible customers shall submit a Request for DC USTF Funding Application (Application) with supporting documentation to the DC USTF Administrator and the Commission Secretary’s Office.

2816.3 Concurrent with the filing of the Application, the ETC requesting funding shall serve each District ETC and OPC with a copy of the Application

2816.4 Any entity responsible for certifying Lifeline customers may request funding from the DC USTF for reimbursement of costs incurred as the manager of the certification and recertification processes.

2816.5 Any TRS provider may request funding from the DC USTF consistent with its contract with the Commission to provide TRS services.

2816.6 Any entity responsible for promoting universal service may request funding from the DC USTF consistent with Commission orders approving these expenses.

History

SOURCE: Notice of Final Rulemaking published at 50 DCR 8198 (October 3, 2003); as amended by Notice of Final Rulemaking published at 58 DCR 8585, 8591 (October 7, 2011); as amended by Final Rulemaking published at 65 DCR 13767 (December 21, 2018). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 2816

15 DCMR § 2817 REVIEW AND DECISION ON APPLICATION FOR FUNDING

2817.1 The Fund Administrator may request additional information from the Applicant. The Applicant must provide the requested information in writing to the Fund Administrator within fifteen (15) calendar days of the receipt of the request.

2817.2 If there is a deficiency with the Application, the Fund Administrator will notify the Applicant of the deficiency(ies) in writing within thirty (30) days of the receipt of the Application. Upon notification, the Applicant will have fifteen (15) calendar days to amend the Application or resubmit another Application to the Commission. If the Applicant does not correct or complete the Application within the fifteen (15)-day deadline, the Application will be denied.

2817.3 Each funding request shall be reviewed by the Fund Administrator on a case-by-case basis. Within thirty (30) days of receipt of an Application, the Fund Administrator shall review the submission and advise the Commission and the Applicant of eligibility in writing.

2817.4 After receiving a recommendation from the Fund Administrator, the Commission shall issue an Order denying or approving the Application within forty-five (45) days of receipt of the Administrator’s recommendation.

2817.5 Upon approval of the Application, the Applicant may elect to use any funding to offset future contributions, request that the funds be mailed, or request that the funds be deposited in a designated account. The Administrator shall provide the approved funding to the ETC within fifteen (15) calendar days of approval of the request.

2817.6 Unless good cause is shown, any request for DC USTF funding should be made within twelve (12) months from the date the carrier provided the Lifeline service for which funding is requested.

2817.7 If an ETC receives funding from alternative sources for an investment or expense already reimbursed by the DC USTF, the ETC shall reduce the amount of any prospective funding request from the DC USTF by the equivalent amount. Under no circumstances will double recovery be allowed.

2817.8 If the Commission does not issue an Order within the time frames set forth in § 2817.4, the request shall be deemed approved, on an interim basis, subject to refund, with interest at a rate determined by the Commission. Any refund shall include interest at a rate of not more than the interest rate established by the Commission on customer deposits and shall accrue for a period not to exceed ninety (90) days from the date the funds were received by the requesting provider.

2817.9 Any party adversely affected by the Commission’s decision shall have thirty (30) days to file a request for reconsideration. Upon filing a request for reconsideration, the Commission shall render a decision in accordance with chapter 1 of this title.

History

SOURCE: Notice of Final Rulemaking published at 50 DCR 8198 (October 3, 2003); as amended by Notice of Final Rulemaking published at 58 DCR 8585, 8591 (October 7, 2011).

15 DCMR § 2818 PRIORITY OF DISTRIBUTION IN THE EVENT OF A SHORTFALL

2818.1 If the DC USTF experiences a shortfall, the available funds will be distributed in the following order:

To support the services designated as universal services; and

Any residual funds will be used to cover the costs associated with administering the fund.

2818.2 The remaining costs associated with administering the fund will be paid as additional funds become available.

History

SOURCE: Notice of Final Rulemaking published at 50 DCR 8198 (October 3, 2003); as amended by Notice of Final Rulemaking published at 58 DCR 8585, 8592 (October 7, 2011).

15 DCMR § 2819 TELECOMMUNICATIONS RELAY SERVICE

2819.1 Provision of TRS in the District shall be administered by the Fund Administrator.

(a) The Fund Administrator shall monitor service levels to ensure that minimum service requirements specified in this chapter are satisfied.

(b) The Fund Administrator shall attempt to resolve any complaints regarding TRS in a reasonable timeframe. If unable to do so, the Fund Administrator shall refer the complaint to the Commission.

(c) The Commission or the TRS provider shall draft the Application for Recertification to be submitted to the FCC every five (5) years, submitting the draft for review by the Commission no later than six (6) months prior to expiration of the current certification.

2819.2 The Commission shall select the TRS provider through a competitive bidding process.

2819.3 A TRS Advisory Board, established by the Commission and comprised of community, industry and governmental representatives, shall monitor the provision of TRS in the District.

2819.4 The Board shall meet as necessary and provide input to the Fund Administrator and to the TRS provider regarding operation of TRS in the District.

2819.5 The Commission representative shall:

Serve as facilitator to the Advisory Board;

Schedule meetings and provide notice of the meetings to members;

Take minutes and circulate the minutes to members; and

Report urgent matters to the Fund Administrator when necessary.

2819.6 The TRS provider shall meet the requirements of 47 C.F.R. §§ 64.601, et seq. and any other requirements specified in FCC rules and regulations.

History

SOURCE: Notice of Final Rulemaking published at 50 DCR 8198 (October 3, 2003); as amended by Notice of Final Rulemaking published at 58 DCR 8585, 8593 (October 7, 2011); as amended by Final Rulemaking published at 65 DCR 13767 (December 21, 2018). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 2819

15 DCMR § 2820 DISTRICT OF COLUMBIA LIFELINE SERVICE PROGRAM

2820.1 The District of Columbia Lifeline Service Program is a program designed to operate in conjunction with the Federal Lifeline Program, to provide a low monthly recurring rate to qualifying residential subscribers for basic local exchange service.

2820.2 In order to qualify for the Lifeline service, customers must show that they either:

(a) Fall below one hundred thirty-five percent (135%) of the Federal Poverty income guidelines for a household of that size; or

(b) Participate in one of the following federal assistance programs: Medicaid; Supplemental Nutrition Assistance Program; Supplemental Security Income; Federal Public Housing Assistance (Section 8); or Veterans or Survivors Pension Benefit.

2820.3 Each ETC shall file tariffs implementing a Lifeline service that is consistent with both FCC and Commission regulations.

2820.4 Lifeline subsidies shall not be available to customers on a retroactive basis.

2820.5 When the entity responsible for certifying Lifeline customers notifies an ETC that a customer no longer qualifies for Lifeline service, the Lifeline rate will revert to the serving ETC’s standard tariffed retail rate.

2820.6 Lifeline service is only available at the qualifying customer’s principal residence. An applicant for Lifeline service may report only one (1) address in the District of Columbia as the principal place of residence. Post office boxes are not acceptable designations of residence. Where applicable, an apartment number must be provided.

2820.7 Each household receiving lifeline service is limited to one (1) lifeline service. The lifeline service is non-transferable to any other person or household.

2820.8 Participants in the District’s Lifeline Program are eligible to receive Toll Restriction Service at no charge.

2820.9 District of Columbia residents who meet all eligibility requirements shall not be denied Lifeline service because of unpaid toll charges.

History

SOURCE: Final Rulemaking published at 50 DCR 8198 (October 3, 2003); as amended by Final Rulemaking published at 56 DCR 7644 (September 25, 2009); as amended by Final Rulemaking published at 58 DCR 8585, 8594 (October 7, 2011); as amended by Final Rulemaking published at 59 DCR 12141 (October 19, 2012); as amended by Final Rulemaking published at 63 DCR 14856 (December 2, 2016). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 2820

15 DCMR § 2821 WAIVER

2821.1 The Commission may upon request, or on its own initiative after notice to the parties of its intention do so, waive any provision of this chapter for good cause.

History

SOURCE: Final Rulemaking published at 50 DCR 8198 (October 3, 2003); as amended by Final Rulemaking published at 58 DCR 8585, 8595 (October 7, 2011); as amended by Final Rulemaking published at 67 DCR 11091 (September 18, 2020). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 2821

15 DCMR § 2822 VIOLATIONS

2822.1 Failure to pay an assessed contribution to the DC USTF shall be deemed a violation of this chapter.

2822.2 If the Commission determines after notice and hearing that an ETC has acted in violation of this chapter, the Commission may file an action on behalf of the DC USTF to recover any unpaid fees and charges the Commission has determined are due and payable, including interest, administrative and adjudicative costs, and attorney fees. Upon collection of the above charges and costs, the Fund Administrator shall pay the costs of the actions and deposit the remaining funds in the DC USTF as appropriate.

History

SOURCE: Notice of Final Rulemaking published at 50 DCR 8198 (October 3, 2003); as amended by Notice of Final Rulemaking published at 58 DCR 8585, 8595 (October 7, 2011).

15 DCMR § 2823 [REPEALED]

History

SOURCE: Notice of Final Rulemaking published at 50 DCR 8198 (October 3, 2003); as amended by Final Rulemaking published at 56 DCR 7644 (September 25, 2009); as amended by Notice of Final Rulemaking published at 58 DCR 8585, 8595 (October 7, 2011); as amended by Final Rulemaking published at 65 DCR 13767 (December 21, 2018). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 2823

15 DCMR § 2899 DEFINITIONS

2899.1 When used in this chapter, the following terms and phrases shall have the following meanings:

Administrator or Fund Administrator - the person(s) or entity(ies) responsible for administering the District of Columbia Universal Service Trust Fund.

Applicant - a local exchange carrier that has submitted a request for funding from District of Columbia Universal Service Trust Fund.

Application - the Request for DC USTF Funding Application.

Commission - the Public Service Commission of the District of Columbia.

Competitive local exchange carrier (CLEC) - a provider of telecommunications service that was not an incumbent local exchange carrier on January 31, 1996 but that is now certified to provide local exchange telecommunications service within the District.

Customer or Subscriber - any person, firm, partnership, cooperative corporation, corporation or lawful entity that receives telecommunications services.

District of Columbia Universal Service Trust Fund or DC USTF or Fund - the fund established and required to be implemented by the Commission pursuant to D.C. Official Code § 34-2003 (2018 Supp.)

Eligible telecommunications carrier or ETC - any LEC that is designated as an eligible telecommunications carrier pursuant to 47 U.S.C. § 214(e) and 15 DCMR 2806, et seq.

Facilities - any physical components of the telecommunications network that are used in the transmission or routing of the services designated for support under 47 U.S.C. § 214(e)(1).

FCC - the Federal Communications Commission.

Household – any individual or group of individuals who are living together at the same address as one economic unit. An economic unit consists of all adult individuals contributing to and sharing in the income and expenses of a household. An adult is any person eighteen (18) years or older. If an adult has no or minimal income, and lives with someone who provides financial support for that adult, both people shall be considered part of the same household. Children under the age of eighteen (18) living with their parents or guardians are considered to be part of the same household as their parents or guardians.

Incumbent local exchange carrier or ILEC - the local exchange carrier that provided local exchange telecommunications service in the District on the date of enactment of the federal Telecommunications Act of 1996, 47 U.S.C. §§ 151, et seq.

Lifeline Service - the service or benefits established by federal and District programs designed to keep low-income subscribers on the telecommunications network.

Local exchange telecommunications service - a switched telecommunications service capable of originating and terminating calls within the Washington Metropolitan local calling area.

Local exchange carrier or LEC - any person or entity that is engaged in the provision of local exchange telecommunications service or exchange access. The term “local exchange carrier” does not include a person or entity engaged in the provision of a commercial mobile service.

Low-income senior - a person aged sixty-five (65) or older that qualifies for Lifeline service.

Network - a telecommunications service provider's or telecommunication carrier’s facilities used to originate and terminate traffic.

Nomadic VoIP - a VoIP service that may be used at multiple locations.

Person - any individual, partnership, corporation, association, joint-stock company, or any other entity.

Telecommunications Act of 1996 - the Federal legislation cited as 47 U.S.C. §§ 151, et seq.

Telecommunications Relay Service or TRS - telephone transmission services that provide the ability for an individual who has a hearing or speech disability to engage in communication by wire or radio with a hearing individual in a manner that is functionally equivalent to the ability of an individual who does not have a hearing or speech disability to communicate using voice communications services by wire or radio. Such term includes services that enable two-way communication between an individual who uses a text telephone or other non-voice terminal device and an individual who does not use such a device, speech-to-speech services, video relay services, and non-English relay services.

Telecommunications service - the offering of telecommunications for a fee directly to the public or to such classes of users as to be effectively available to the public, regardless of the facilities used.

U.S.C. - United States Code.

Universal Service - an evolving set of telecommunications services determined to be essential for residential customers’ health and welfare, and as such, must be available throughout the District of Columbia.

Voice over Internet Protocol or VoIP - any service that enables real time two way voice communications that originate or terminate from the user’s location using Internet protocol or a successor protocol and uses a broadband connection from the user’s location. This term includes any service that permits users to receive calls that originate on the public switched telephone network and to terminate calls on the public switched telephone network.

VoIP service provider - any provider of Voice over Internet Protocol service.

History

SOURCE: Final Rulemaking published at 50 DCR 8198 (October 3, 2003); as amended by Final Rulemaking published at 56 DCR 7644 (September 25, 2009); as amended by Final Rulemaking published at 58 DCR 8585, 8595 (October 7, 2011); as amended by Final Rulemaking published at 58 DCR 10343, 10346 (December 9, 2011); as amended by Final Rulemaking published at 59 DCR 12141 (October 19, 2012); as amended by Final Rulemaking published at 65 DCR 13767 (December 21, 2018). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 2899

15-29 RENEWABLE ENERGY PORTFOLIO STANDARD

15 DCMR § 2900 APPLICABILITY

2900.1 This chapter establishes the Public Service Commission’s (Commission) rules and regulations governing the Renewable Energy Portfolio Standard (RPS) applicable to all District of Columbia (District) retail electricity sales as provided in D.C. Official Code Sections 34-1431 through 34-1440.

History

SOURCE: Notice of Final Rulemaking published at 55 DCR 000561 (January 18, 2008); as amended by Notice of Final Rulemaking published at 59 DCR 2313 (March 23, 2012); as amended by Final Rulemaking published at 65 DCR 13524 (December 14, 2018); as amended by Final Rulemaking published at 71 DCR 003262 (March 22, 2024). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 2900

15 DCMR § 2901 RPS COMPLIANCE REQUIREMENTS

2901.1 An Electricity Supplier shall meet the RPS requirement by obtaining Renewable Energy Credits (RECs) that equal the annual percentage requirement for electricity sold at retail or by paying the specified compliance fee. An Electricity Supplier shall not apply any surplus RECs derived from voluntary purchases of energy from qualified renewable sources toward its mandatory compliance requirements.

2901.2 An Electricity Supplier shall meet the solar portion of the Tier One requirement by obtaining the equivalent amount of RECs from Solar Energy Systems no larger than fifteen megawatts (15 MW) in capacity that are located within the District or in locations served by a distribution feeder serving the District. However, an Electricity Supplier may also meet the solar requirement by obtaining RECs from Solar Energy Systems larger than fifteen megawatts (15 MW) in capacity, provided that these Solar Energy Systems are located on property owned by the Government of the District of Columbia or by any agency or independent authority of the Government of the District of Columbia. In addition, Electricity Suppliers may meet the non-solar portion of the Tier One renewable source requirement of the RPS by obtaining RECs from Solar Energy Systems that are not located within the District or in locations served by a distribution feeder serving the District, regardless of capacity.

2901.3 Each Electricity Supplier shall establish and maintain a PJM Environmental Information Services, Inc. Generation Attribute Tracking System (GATS) account for the load it serves within the District.

2901.4 Compliance with the RPS is on a calendar year basis as prescribed by D.C. Official Code Section 34-1432(c).

2901.5 An Electricity Supplier may apply the Solar Energy RECs (SRECs), retired for compliance with the solar energy requirement, to meet the Tier One renewable energy requirement as well.

2901.6 Effective January 1, 2020, RECs from a Tier Two renewable source shall not apply toward meeting the RPS requirements.

2901.7 Each Electricity Supplier shall make available to the Commission through its GATS account all RECs and the total price paid in order to comply with the RPS.

2901.8 Each Electricity Supplier shall prepare and submit an annual compliance report to the Commission, in a format that may be updated pursuant to a Public Notice. The compliance report shall include, but shall not be limited to, the following information:

(a) The quantity of its annual District retail electricity sales;

(b) A calculation of the annual quantity of required Tier One and SRECs;

(d) The quantity of Tier One and SRECs transferred to the Electricity Supplier by an on-site Renewable Generator;

(e) A calculation of any compliance fees that the Electricity Supplier owes;

(f) A summary report of RECs retired during the reporting period;

(g) For the year following the filing of the annual compliance report, an estimate of the amount of compliance fees to be paid;

(h) All documentation supporting the data appearing in the annual compliance report; and

(i) Certification of the accuracy and veracity of the compliance report.

2901.9 An Electricity Supplier’s annual compliance report shall be submitted to the Commission by March 25 of the calendar year following the Compliance Year. After notification of a decision of non-compliance by the Commission, the Electricity Supplier shall, within five (5) business days, take the actions necessary to come into compliance, or file its response contesting the decision of non-compliance, or file a response indicating that it will submit the appropriate compliance fee.

2901.10 Any Electricity Supplier that fails to meet its RPS requirements shall submit to the District of Columbia Department of Energy and Environment the required annual compliance fee payable to the District of Columbia Renewable Energy Development Fund between October 1 and November 1 of the calendar year following the Compliance Year. The Electricity Supplier shall concurrently file proof of payment with the Commission.

2901.11 The compliance fee shall be:

(a) Fifty dollars ($50) for each REC shortfall for Tier One sources;

(b) For each REC shortfall for solar energy:

Five hundred dollars ($500) in 2016 through 2023;

Four hundred and eighty dollars ($480) in 2024;

Four hundred and sixty dollars ($460) in 2025;

Four hundred and forty dollars ($440) in 2026;

Four hundred and twenty dollars ($420) in 2027;

Four hundred dollars ($400) in 2028;

Three hundred and eighty dollars ($380) in 2029;

Three hundred and sixty dollars ($360) in 2030;

Three hundred and forty dollars ($340) in 2031;

Three hundred and twenty dollars ($320) in 2032;

Three hundred dollars ($300) in 2033 through 2041; and

(12) One hundred dollars ($100) in 2042 and thereafter.

2901.12 Any Electricity Supplier that fails to file the annual compliance report as required by this chapter and D.C. Official Code Section 34-1434(a) may be subject to: Commission action to compel submission of the required report, the issuance of an Order to Show Cause by the Commission, or sanctions as set forth in D.C. Official Code Section 34-1508(b)(1).

2901.13 The following subsections pertain to Energy Supply Contracts executed prior to March 10, 2023.

(a) Energy Supply Contracts executed prior to March 10, 2023, shall not be subject to the increased solar energy requirements in D.C. Official Code Section 34-1432(c) through March 10, 2026.

(b) However, any extension or renewal of such contracts, executed on or after March 10, 2023, shall be subject to the increased solar energy requirements in D.C. Official Code Section 34-1432(c).

History

SOURCE: Final Rulemaking published at 55 DCR 561 (January 18, 2008); as amended by Final Rulemaking published at 56 DCR 7839 (October 2, 2009), incorporating text of Proposed Rulemaking published at 56 DCR 2596 (April 3, 2009); as amended by Final Rulemaking published at 59 DCR 2313 (March 23, 2012); as amended by Final Rulemaking published at 61 DCR 11422 (October 31, 2014); as amended by Final Rulemaking published at 62 DCR 14087 (October 30, 2015); as amended by Final Rulemaking published at 63 DCR 4874 (April 1, 2016); as amended by Final Rulemaking published at 64 DCR 4231 (May 5, 2017); as amended by Final Rulemaking published at 65 DCR 13524 (December 14, 2018); as amended by Final Rulemaking published at 67 DCR 0900 (January 31, 2020); as amended by Final Rulemaking published at 71 DCR 003262 (March 22, 2024); as amended by Final Rulemaking published at 71 DCR 016350 (December 27, 2024). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 2901

15 DCMR § 2902 GENERATOR CERTIFICATION AND ELIGIBILITY

2902.1 Renewable Generators, including behind-the-meter (BTM) generators, shall be certified as qualified resources by the Commission:

Solar Energy Systems no larger than fifteen megawatts (15 MW) in capacity (unless a facility is located on property owned by the Government of the District of Columbia or by any agency or independent authority of the Government of the District of Columbia in which case the facility can be larger than fifteen megawatts (15 MW) in capacity) that are located within the District or in locations served by a distribution feeder serving the District are eligible for certification to meet the solar portion of the Tier One requirement of the RPS;

(1) A Solar Energy System which is currently connected to the Electric Company’s distribution system, is not located in the District, and is not currently served by a distribution feeder serving the District shall not be eligible for certification to meet the solar portion of the Tier One requirement of the RPS through an extension of the distribution system and/or a new service connection. The Electric Company shall not reconfigure its distribution system, including extensions of the system or new service connections, solely to allow a Solar Energy System to become eligible for certification to meet the solar portion of the Tier One requirement of the RPS; and

(2) A Solar Energy System which is not currently connected to the Electric Company’s distribution system and is not located in the District may be eligible for certification to meet the solar portion of the Tier One requirement of the RPS, if the appropriate connection point as determined by the Electric Company is on a distribution feeder serving the District. The Electric Company shall not reconfigure its distribution system, including extensions of the system or new service connections, solely to allow a Solar Energy System to become eligible for certification to meet the solar portion of the Tier One requirement of the RPS.

Solar Energy Systems that are not located within the District and not in locations served by a distribution feeder serving the District, regardless of capacity, may be certified to meet the non-solar portion of the Tier One requirement of the RPS if the Solar Energy System is within the PJM Interconnection Region;

Eligibility for certification to meet the solar portion of the Tier One requirement of the RPS, for Solar Energy Systems not located within the District and in locations served by a distribution feeder serving the District, is based on the Electric Company’s current Cross Border Feeder Map posted on its website;

Solar Energy Systems not located within the District and in locations served by a distribution feeder serving the District, once certified by the Commission to meet the solar portion of the Tier One requirement of the RPS, may be expanded or replaced and continue to produce SRECs that are eligible to meet the solar portion of the Tier One requirement of the RPS, provided that the Solar Energy System is served by a distribution feeder serving the District at the time of the replacement or expansion, subject to approval consistent with the provisions of Subsection 2902.14 of this chapter.

2902.2 Renewable Generators, including BTM generators, may be certified as a Tier One source. In order to be certified, applicants shall complete the Commission’s “Application for Certification as an Eligible District of Columbia Renewable Energy Standards Generating Facility.”

2902.3 An applicant submitting an Application for certification as a renewable source shall state, at a minimum:

(a) The name of the renewable energy facility for which the Application is made and its address;

(b) The name of the owner of the facility and the owner’s contact information;

(d) The name of a contact person and the person’s contact information;

(e) The renewable fuel type(s) and capacity information;

(f) The operational start date;

(g) Whether the facility is a BTM generator;

(h) Whether the facility uses net metering;

(i) The type of meter used to measure solar energy production;

(j) The type of facility (residential, Community Renewable Energy Facility (CREF), District government, or Federal government, if applicable);

(k) The date of the final approved interconnection;

(l) Whether the facility is owned by a third party; and

(m) Whether the facility has a Power Purchase Agreement (PPA).

2902.4 In addition to the information required in Subsection 2902.3, an applicant submitting an Application shall also attach:

A current Certificate of Good Standing for the applicant issued by the state in which the business was formed, if applicable;

A copy of the U.S. Department of Energy, Energy Information Administration Form EIA 860, if the rated capacity is greater than one megawatt (1 MW);

A Certificate of Authorization to Conduct Business in the District, if applicable;

Documentation of authority to sign on behalf of the applicant;

Documentation that the energy output of non-residential solar heating, cooling, or process heat property systems producing or displacing greater than ten thousand kilowatt hours (10,000 kWh) per year is determined by an on-site energy meter that meets performance standards established by the International Organization of Legal Metrology (OIML) and the solar collectors used have an OG-100 certification based on the most current adopted standard from the Solar Rating and Certification Corporation (SRCC), if applicable;

Documentation that the energy output of non-residential solar heating, cooling, or process heat property systems producing or displacing ten thousand (10,000) or less kilowatt-hours per year is determined by the most current adopted SRCC OG-300 annual system performance rating protocol applicable to the property or by an on-site energy meter that meets performance standards established by OIML and the solar collectors used have an OG-100 certification based on the most current adopted standard from the SRCC, if applicable;

Documentation that the energy output of residential solar thermal energy systems is determined by the most current adopted SRCC OG-300 annual rating protocol or by an on-site energy meter that meets performance standards established by OIML and the solar collectors used have an OG-100 certification based on the most current adopted standard from the SRCC, if applicable;

Interconnection Application and Agreement approval for the Renewable Generator, if applicable; and

Documentation of site maps, string drawings, or construction drawings which identify the Solar Energy System’s capacity, number of panels, tilt and azimuth, and inverter manufacturer and model, if applicable. These maps and/or drawings shall include any as-built modifications, even if they are different from the site maps or construction drawings that were submitted to the appropriate jurisdictional permitting authority.

2902.5 An applicant submitting an Application shall attest to:

Environmental compliance, if the fuel type is not solar energy;

General compliance that all information contained in the Application is true and accurate;

General compliance with all Commission rules; and

General compliance, once certified, with production reporting requirements, terms of use, and the operating rules of GATS.

2902.6 An Application shall be submitted through the Commission’s website at www.dcpsc.org using the RPS Portal. Applications may be submitted through the RPS Portal twenty-four (24) hours a day, seven (7) days a week. Review of applications in accordance with Subsections 2902.7 and 2902.8 shall commence on the next business day if the Application is submitted after 5:30 p.m. on a business day or if submitted on a non-business day.

2902.7 An Application shall be accepted for filing and docketed within fifteen (15) business days of the submission date provided no additional information is requested.

2902.8 The Commission shall issue a decision on the Application within thirty (30) business days of the submission date subject to the procedures set forth in Subsection 2902.6, except where the Commission has issued a request for additional information. If the Commission is unable to render a decision within the allotted time, the applicant shall request a review compelling the Commission to act upon the Application.

2902.9 In cases where the Commission determines that an Application is insufficient or incomplete, the Commission or its staff will send a written request for additional information within fifteen (15) business days of the submission date subject to the conditions set forth in Subsection 2902.6.

2902.10 A request for additional information from the Commission shall toll the deadline in Subsection 2902.8 for issuing a decision on the Application.

2902.11 After receiving a written request for additional information, the applicant shall have fifteen (15) days to submit the additional information.

2902.12 Upon receipt of the additional information from the applicant or its authorized representative, the Application shall be accepted for filing and docketed, and the Commission shall issue a decision on the Application in accordance with the time periods prescribed in Subsection 2902.8.

2902.13 Upon approval of an Application, the Commission shall assign a unique GATS certificate number to the eligible renewable energy generating resource.

2902.14 The following Subsections pertain to “Amended Applications,” when a currently certified Renewable Generator undergoes an alteration or modification.

The Commission shall be notified of any alterations or modifications in the operating characteristics of a certified Renewable Generator by submission of an Amended Application within thirty (30) days after the alteration or modification takes place. An alteration or modification includes but is not limited to changes in: (1) generation capacity, whether from hardware modification, change in azimuth or tilt, change in efficiency measures, or any other tangible alteration that has an effect on total capacity; (2) facility ownership; (3) fuel type; (4) facility location; (5) facility interconnection status; or (6) facility generator type. The RPS applicant shall submit the Amended Application with documentation of the alteration or modification taking place.

The Commission shall issue a decision on the Application within thirty (30) business days of the submission date. Should an Amended Application be denied, the Renewable Generator will not acquire any RECs associated with the alteration or modification.

Any Amended Application that includes a change in a Solar Energy System’s orientation or system size shall include documentation of site maps or construction drawings which identify the system’s capacity, number of panels, tilt and azimuth. These maps and/or drawings shall include any as-built modifications, even if they are different from the site maps or construction drawings that were submitted to the appropriate jurisdictional permitting authority.

(d) For an Amended Application registered with the RPS Portal to be approved, the RPS applicant shall submit the Amended Application through the RPS Portal. For an Amended Application registered with the Commission e-Docket system to be approved, the RPS applicant shall submit the Amended Application through the Commission e-Docket system.

2902.15 Owners or operators of District-certified Renewable Generators shall notify the Commission, in accordance with Subsection 2902.14(d), of any substantive changes in the information provided in an original or Amended Application including but not limited to changes in contact information within thirty (30) days.

2902.16 Every facility using qualifying biomass to generate electricity and certified as a qualifying resource by the Commission shall submit annually by June 1, information demonstrating each system’s total system efficiency for the current calendar year consistent with the definitions of “total system efficiency,” “fuel input,” and “useful thermal energy output” in Subsection 2999.1.

History

SOURCE: Final Rulemaking published at 55 DCR 000561 (January 18, 2008); as amended by Final Rulemaking published at 56 DCR 2727 (April 10, 2009); as amended by Final Rulemaking published at 56 DCR 7839 (October 2, 2009), incorporating text of Proposed Rulemaking published at 56 DCR 2596 (April 3, 2009); as amended by Final Rulemaking published at 59 DCR 2313, 2316 (March 23, 2012); as amended by Final Rulemaking published at 62 DCR 654 (January 16, 2015); as amended by Final Rulemaking published at 62 DCR 14087 (October 30, 2015); as amended by Final Rulemaking published at 63 DCR 4874 (April 1, 2016); as amended by Final Rulemaking published at 64 DCR 4231 (May 5, 2017); as amended by Final Rulemaking published at 65 DCR 13524 (December 14, 2018); as amended by Final Rulemaking published at 67 DCR 0900 (January 31, 2020); as amended by Final Rulemaking published at 68 DCR 5434 (May 21, 2021); as amended by Final Rulemaking published at 69 DCR 002772 (April 1, 2022); as amended by Final Rulemaking published at 71 DCR 003262 (March 22, 2024); as amended by Final Rulemaking published at 71 DCR 016350 (December 27, 2024). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 2902

15 DCMR § 2903 GENERATOR DECERTIFICATION

2903.1 A Renewable Generator may be decertified by the Commission if it is determined to no longer be an eligible Tier One renewable source due to fraud, gross negligence, or a material change in the nature of the source including but not limited to the removal or replacement of the Renewable Generator, a change in the location of the Renewable Generator, or a change in the fuel type of the Renewable Generator.

To make this determination, and to generally determine if Renewable Generators are in compliance with the RPS rules, the Commission or its authorized representative, may (1) conduct a physical inspection or audit, as deemed appropriate, on any Renewable Generator to certify its production claims in the GATS and/or (2) temporarily deactivate the GATS account of the Renewable Generator as appropriate.

Before decertification, an owner of a Renewable Generator will be given thirty (30) days written notice and an opportunity to show cause why it should not be decertified unless (1) the owner or operator requests the system to be decertified or (2) there is Commission action consistent with changes in District laws.

2903.2 Any Renewable Generator that is decertified due to fraud may not create any District RECs for a three (3)-year period and may not create Retroactive RECs for that same three (3)-year period.

2903.3 Any subsequent unrelated owner of the decertified Renewable Generator, pursuant to Subsection 2903.2, is not subject to the three (3)-year exclusion beginning with its effective date of ownership.

2903.4 As of March 22, 2019, Tier One sources located within an Adjacent PJM State shall not be eligible for certification as qualified sources by the Commission. Until January 1, 2029, a generating facility that was certified, as of March 22, 2019, as a Tier One source located within an Adjacent PJM State, shall be eligible to generate RECs for the District’s RPS program.

History

SOURCE: Notice of Final Rulemaking published at 55 DCR 000561 (January 18, 2008); as amended by Notice of Final Rulemaking published at 59 DCR 2313, 2321 (March 23, 2012); as amended by Final Rulemaking published at 65 DCR 13524 (December 14, 2018); as amended by Final Rulemaking published at 67 DCR 0900 (January 31, 2020); as amended by Final Rulemaking published at 69 DCR 002772 (April 1, 2022); as amended by Final Rulemaking published at 71 DCR 003262 (March 22, 2024). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 2903

15 DCMR § 2904 CREATION AND TRACKING OF RENEWABLE ENERGY CREDITS

2904.1 RECs, including Retroactive RECs, shall be created and tracked through the GATS.

2904.2 BTM generators and CREFs shall submit to GATS actual production data from a Revenue-Grade Generation Meter, or Inverter-Based Revenue-Grade Generation Measurement Equipment. The reporting shall comply with the production reporting requirements, terms of use, and the operating rules of the GATS. The RPS applicant shall provide accurate production data to GATS or risk facing the actions outlined in Subsections 2903.1 and 2903.2. BTM generators that are certified or were submitted to the Commission for certification before the effective date of this Subsection and currently use engineering-based estimates in GATS may continue using estimates to report output. A BTM generator that is currently permitted to use engineering estimates shall report actual production data from a Revenue-Grade Generation Meter or Inverter-Based Generation Measurement Equipment once a request for a change in the generation capacity of the BTM generator has been approved. For Solar Thermal Energy Systems that do not generate electricity:

If the output is to be estimated, the Commission will provide GATS with the output in kilowatt-hour savings for the system, based on SRCC’s estimated annual system performance of OG-300 certified systems; or

If the Solar Thermal Energy System uses an energy meter that meets the performance standards established by OIML, then the solar thermal energy produced by the system shall be credited with one kilowatt hour (1 kWh) of electricity generated for each three thousand four hundred twelve British thermal units (3,412 BTUs) produced by the Solar Thermal Energy System.

2904.3 Production data from BTM generators and CREFs shall be recorded in GATS no less than semi-annually in order to be eligible for compliance. Estimated production shall not be allowed if the metering equipment fails. However, production data may be submitted after the equipment failure has been corrected and a full month of data has been accurately recorded.

2904.4 In the event of a clerical error that results in incorrect estimated or actual production data being reported, the eligibility of the RECs subject to that error is dictated by the following subsections:

If an RPS account holder discovers a clerical error that resulted in fewer RECs recorded than was generated, and the RPS account holder wishes to be credited the difference, the RPS account holder shall notify GATS of the error within thirty (30) days of discovering the clerical error. The RPS account holder shall copy the Commission on the notification to GATS. The Commission will then credit the difference between the number of RECs recorded and the number of RECs generated to the RPS account holder’s GATS account as Retroactive RECs within thirty (30) business days of when notice was first given to the Commission. Any under-reported RECs attributable to a clerical error occurring before January 1st of the year that notice was given to the Commission will be deemed forfeited.

If an RPS account holder discovers a clerical error that resulted in more RECs recorded than was generated, the RPS account holder shall notify GATS within thirty (30) days of the error being discovered. The RPS account holder shall copy the Commission on the notification to GATS. The Commission will then retire the difference between the number of RECs recorded and the number of RECs generated from the RPS account holder’s GATS account within thirty (30) business days of when notice was first given to the Commission.

2904.5 REC eligibility shall be as follows:

(a) RECs shall be valid for a three-year period from the date of generation, except that SRECs produced by Solar Energy Systems which meet the requirements of D.C. Official Code Section 34-1432(e)(1) and which may, therefore, be used to meet the solar energy portion of the Tier One requirement shall be valid for a five (5)-year period from the date of generation. These SRECs shall be valid for a five (5)-year period from the date of generation provided they were generated as of or after March 22, 2019. A newly certified Renewable Generator can produce RECs starting back from January 1st of the year in which it was certified. Any RECs produced between January 1st of the certification year and the actual date of certification are deemed Retroactive RECs. Any Renewable Generator certified in January of any year can produce Retroactive RECs starting January 1st of the year before that certification.

(b) After December 31, 2028, the RECs that had been produced by generating facilities, on or before that date, that were certified as a Tier One source and located within an Adjacent PJM State on or before March 22, 2019, shall be valid for the remainder of the three (3)-year period from the date of generation. After December 31, 2024, the SRECs that had been produced by generating facilities, on or before that date, that were certified as a Tier One source and not located within the District or in locations served by a distribution feeder serving the District shall be valid for the remainder of the five (5)-year period from the date of generation.

2904.6 A REC shall be retired after it is used to comply with any state’s Renewable Energy Portfolio requirement.

History

SOURCE: Notice of Final Rulemaking published at 55 DCR 000561 (January 18, 2008); as amended by Notice of Final Rulemaking published at 59 DCR 2313, 2322 (March 23, 2012); as amended by Final Rulemaking published at 65 DCR 13524 (December 14, 2018); as amended by Final Rulemaking published at 71 DCR 003262 (March 22, 2024); as amended by Final Rulemaking published at 71 DCR 016350 (December 27, 2024). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 2904

15 DCMR § 2905 RECOVERY OF FEES AND COSTS

2905.1 Recovery of any fees and costs by the Electric Company and Electricity Suppliers shall be in accordance with D.C. Official Code Section 34-1435.

2905.2 No Electricity Supplier shall recover any compliance fee levied pursuant to D.C. Official Code Section 34-1434 from its customers without receiving prior approval from the Commission.

2905.3 Pursuant to D.C. Official Code Section 34-1435(a), the Electric Company may recover prudently incurred RPS compliance costs, including REC purchases and any compliance fees.

2905.4 Electric Company compliance costs for Standard Offer Service (SOS) shall be considered prudent if SOS energy suppliers are selected through a competitive bid process and the cost of complying with the RPS is included in the supplier’s bid prices.

2905.5 Any cost recovery approved by the Commission may be in the form of a non-bypassable surcharge to current applicable customers and shall be disclosed on

their bills.

History

SOURCE: Final Rulemaking published at 55 DCR 000561 (January 18, 2008); as amended by Final Rulemaking published at 59 DCR 2313, 2323 (March 23, 2012); as amended by Final Rulemaking published at 65 DCR 13524 (December 14, 2018); as amended by Final Rulemaking published at 67 DCR 11091 (September 18, 2020); as amended by Final Rulemaking published at 71 DCR 003262 (March 22, 2024). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 2905

15 DCMR § 2906 WAIVER

2906.1 The Commission may upon request, or on its own initiative after notice to the parties of its intention to do so, waive any provision of this chapter for good cause.

History

SOURCE: Notice of Final Rulemaking published at 55 DCR 000561 (January 18, 2008); as amended by Notice of Final Rulemaking published at 59 DCR 2313, 2323 (March 23, 2012); as amended by Final Rulemaking published at 71 DCR 003262 (March 22, 2024). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 2906

15 DCMR § 2907 [RESERVED]

History

SOURCE: Notice of Final Rulemaking published at 55 DCR 000561 (January 18, 2008); as amended by Notice of Final Rulemaking published at 59 DCR 2313, 2323 (March 23, 2012).

15 DCMR § 2908 [RESERVED]

History

SOURCE: Notice of Final Rulemaking published at 55 DCR 000561 (January 18, 2008); as amended by Notice of Final Rulemaking published at 59 DCR 2313, 2323 (March 23, 2012).

15 DCMR § 2909 [RESERVED]

History

SOURCE: Notice of Final Rulemaking published at 55 DCR 000561 (January 18, 2008); as amended by Notice of Final Rulemaking published at 59 DCR 2313, 2323 (March 23, 2012).

15 DCMR § 2910 [RESERVED]

History

SOURCE: Notice of Final Rulemaking published at 55 DCR 000561 (January 18, 2008); as amended by Notice of Final Rulemaking published at 59 DCR 2313, 2323 (March 23, 2012).

15 DCMR § 2911 [RESERVED]

History

SOURCE: Notice of Final Rulemaking published at 55 DCR 000561 (January 18, 2008); as amended by Notice of Final Rulemaking published at 59 DCR 2313, 2323 (March 23, 2012).

15 DCMR § 2912 [RESERVED]

History

SOURCE: Notice of Final Rulemaking published at 55 DCR 000561 (January 18, 2008); as amended by Notice of Final Rulemaking published at 59 DCR 2313, 2323 (March 23, 2012).

15 DCMR § 2913 [RESERVED]

History

SOURCE: Notice of Final Rulemaking published at 55 DCR 000561 (January 18, 2008); as amended by Notice of Final Rulemaking published at 59 DCR 2313, 2323 (March 23, 2012).

15 DCMR § 2914 [RESERVED]

History

SOURCE: Notice of Final Rulemaking published at 55 DCR 000561 (January 18, 2008); as amended by Notice of Final Rulemaking published at 59 DCR 2313, 2323 (March 23, 2012).

15 DCMR § 2915 [RESERVED]

History

SOURCE: Notice of Final Rulemaking published at 55 DCR 000561 (January 18, 2008); as amended by Notice of Final Rulemaking published at 59 DCR 2313, 2323 (March 23, 2012).

15 DCMR § 2916 [RESERVED]

History

SOURCE: Notice of Final Rulemaking published at 55 DCR 000561 (January 18, 2008); as amended by Notice of Final Rulemaking published at 59 DCR 2313, 2323 (March 23, 2012).

15 DCMR § 2917 [RESERVED]

History

SOURCE: Notice of Final Rulemaking published at 55 DCR 000561 (January 18, 2008); as amended by Notice of Final Rulemaking published at 59 DCR 2313, 2323 (March 23, 2012).

15 DCMR § 2918 [RESERVED]

History

SOURCE: Notice of Final Rulemaking published at 55 DCR 000561 (January 18, 2008); as amended by Notice of Final Rulemaking published at 59 DCR 2313, 2323 (March 23, 2012).

15 DCMR § 2919 [RESERVED]

History

SOURCE: Notice of Final Rulemaking published at 55 DCR 000561 (January 18, 2008); as amended by Notice of Final Rulemaking published at 59 DCR 2313, 2323 (March 23, 2012).

15 DCMR § 2920 [RESERVED]

History

SOURCE: Notice of Final Rulemaking published at 55 DCR 000561 (January 18, 2008); as amended by Notice of Final Rulemaking published at 59 DCR 2313, 2323 (March 23, 2012).

15 DCMR § 2921 [RESERVED]

History

SOURCE: Notice of Final Rulemaking published at 55 DCR 000561 (January 18, 2008); as amended by Notice of Final Rulemaking published at 59 DCR 2313, 2323 (March 23, 2012).

15 DCMR § 2922 [RESERVED]

History

SOURCE: Notice of Final Rulemaking published at 55 DCR 000561 (January 18, 2008); as amended by Notice of Final Rulemaking published at 59 DCR 2313, 2323 (March 23, 2012).

15 DCMR § 2923 [RESERVED]

History

SOURCE: Notice of Final Rulemaking published at 55 DCR 000561 (January 18, 2008); as amended by Notice of Final Rulemaking published at 59 DCR 2313, 2323 (March 23, 2012).

15 DCMR § 2924 [RESERVED]

History

SOURCE: Notice of Final Rulemaking published at 55 DCR 000561 (January 18, 2008); as amended by Notice of Final Rulemaking published at 59 DCR 2313, 2323 (March 23, 2012).

15 DCMR § 2925 [RESERVED]

History

SOURCE: Notice of Final Rulemaking published at 55 DCR 000561 (January 18, 2008); as amended by Notice of Final Rulemaking published at 59 DCR 2313, 2323 (March 23, 2012).

15 DCMR § 2926 [RESERVED]

History

SOURCE: Notice of Final Rulemaking published at 55 DCR 000561 (January 18, 2008); as amended by Notice of Final Rulemaking published at 59 DCR 2313, 2323 (March 23, 2012).

15 DCMR § 2927 [RESERVED]

History

SOURCE: Notice of Final Rulemaking published at 55 DCR 000561 (January 18, 2008); as amended by Notice of Final Rulemaking published at 59 DCR 2313, 2323 (March 23, 2012).

15 DCMR § 2928 [RESERVED]

History

SOURCE: Notice of Final Rulemaking published at 55 DCR 000561 (January 18, 2008); as amended by Notice of Final Rulemaking published at 59 DCR 2313, 2323 (March 23, 2012).

15 DCMR § 2929 [RESERVED]

History

SOURCE: Notice of Final Rulemaking published at 55 DCR 000561 (January 18, 2008); as amended by Notice of Final Rulemaking published at 59 DCR 2313, 2323 (March 23, 2012).

15 DCMR § 2930 [RESERVED]

History

SOURCE: Notice of Final Rulemaking published at 55 DCR 000561 (January 18, 2008); as amended by Notice of Final Rulemaking published at 59 DCR 2313, 2323 (March 23, 2012).

15 DCMR § 2931 [RESERVED]

History

SOURCE: Notice of Final Rulemaking published at 55 DCR 000561 (January 18, 2008); as amended by Notice of Final Rulemaking published at 59 DCR 2313, 2323 (March 23, 2012).

15 DCMR § 2932 [RESERVED]

History

SOURCE: Notice of Final Rulemaking published at 55 DCR 000561 (January 18, 2008); as amended by Notice of Final Rulemaking published at 59 DCR 2313, 2323 (March 23, 2012).

15 DCMR § 2933 [RESERVED]

History

SOURCE: Notice of Final Rulemaking published at 55 DCR 000561 (January 18, 2008); as amended by Notice of Final Rulemaking published at 59 DCR 2313, 2323 (March 23, 2012).

15 DCMR § 2934 [RESERVED]

History

SOURCE: Notice of Final Rulemaking published at 55 DCR 000561 (January 18, 2008); as amended by Notice of Final Rulemaking published at 59 DCR 2313, 2323 (March 23, 2012).

15 DCMR § 2935 [RESERVED]

History

SOURCE: Notice of Final Rulemaking published at 55 DCR 000561 (January 18, 2008); as amended by Notice of Final Rulemaking published at 59 DCR 2313, 2323 (March 23, 2012).

15 DCMR § 2936 [RESERVED]

History

SOURCE: Notice of Final Rulemaking published at 55 DCR 000561 (January 18, 2008); as amended by Notice of Final Rulemaking published at 59 DCR 2313, 2323 (March 23, 2012).

15 DCMR § 2937 [RESERVED]

History

SOURCE: Notice of Final Rulemaking published at 55 DCR 000561 (January 18, 2008); as amended by Notice of Final Rulemaking published at 59 DCR 2313, 2323 (March 23, 2012).

15 DCMR § 2938 [RESERVED]

History

SOURCE: Notice of Final Rulemaking published at 55 DCR 000561 (January 18, 2008); as amended by Notice of Final Rulemaking published at 59 DCR 2313, 2323 (March 23, 2012).

15 DCMR § 2939 [RESERVED]

History

SOURCE: Notice of Final Rulemaking published at 55 DCR 000561 (January 18, 2008); as amended by Notice of Final Rulemaking published at 59 DCR 2313, 2323 (March 23, 2012).

15 DCMR § 2940 [RESERVED]

History

SOURCE: Notice of Final Rulemaking published at 55 DCR 000561 (January 18, 2008); as amended by Notice of Final Rulemaking published at 59 DCR 2313, 2323 (March 23, 2012).

15 DCMR § 2941 [RESERVED]

History

SOURCE: Notice of Final Rulemaking published at 55 DCR 000561 (January 18, 2008); as amended by Notice of Final Rulemaking published at 59 DCR 2313, 2323 (March 23, 2012).

15 DCMR § 2942 [RESERVED]

History

SOURCE: Notice of Final Rulemaking published at 55 DCR 000561 (January 18, 2008); as amended by Notice of Final Rulemaking published at 59 DCR 2313, 2323 (March 23, 2012).

15 DCMR § 2943 [RESERVED]

History

SOURCE: Notice of Final Rulemaking published at 55 DCR 000561 (January 18, 2008); as amended by Notice of Final Rulemaking published at 59 DCR 2313, 2323 (March 23, 2012).

15 DCMR § 2944 [RESERVED]

History

SOURCE: Notice of Final Rulemaking published at 55 DCR 000561 (January 18, 2008); as amended by Notice of Final Rulemaking published at 59 DCR 2313, 2323 (March 23, 2012).

15 DCMR § 2945 [RESERVED]

History

SOURCE: Notice of Final Rulemaking published at 55 DCR 000561 (January 18, 2008); as amended by Notice of Final Rulemaking published at 59 DCR 2313, 2323 (March 23, 2012).

15 DCMR § 2946 [RESERVED]

History

SOURCE: Notice of Final Rulemaking published at 55 DCR 000561 (January 18, 2008); as amended by Notice of Final Rulemaking published at 59 DCR 2313, 2323 (March 23, 2012).

15 DCMR § 2947 [RESERVED]

History

SOURCE: Notice of Final Rulemaking published at 55 DCR 000561 (January 18, 2008); as amended by Notice of Final Rulemaking published at 59 DCR 2313, 2323 (March 23, 2012).

15 DCMR § 2948 [RESERVED]

History

SOURCE: Notice of Final Rulemaking published at 55 DCR 000561 (January 18, 2008); as amended by Notice of Final Rulemaking published at 59 DCR 2313, 2323 (March 23, 2012).

15 DCMR § 2949 [RESERVED]

History

SOURCE: Notice of Final Rulemaking published at 55 DCR 000561 (January 18, 2008); as amended by Notice of Final Rulemaking published at 59 DCR 2313, 2323 (March 23, 2012).

15 DCMR § 2950 [RESERVED]

History

SOURCE: Notice of Final Rulemaking published at 55 DCR 000561 (January 18, 2008); as amended by Notice of Final Rulemaking published at 59 DCR 2313, 2323 (March 23, 2012).

15 DCMR § 2951 [RESERVED]

History

SOURCE: Notice of Final Rulemaking published at 55 DCR 000561 (January 18, 2008); as amended by Notice of Final Rulemaking published at 59 DCR 2313, 2323 (March 23, 2012).

15 DCMR § 2952 [RESERVED]

History

SOURCE: Notice of Final Rulemaking published at 55 DCR 000561 (January 18, 2008); as amended by Notice of Final Rulemaking published at 59 DCR 2313, 2323 (March 23, 2012).

15 DCMR § 2953 [RESERVED]

History

SOURCE: Notice of Final Rulemaking published at 55 DCR 000561 (January 18, 2008); as amended by Notice of Final Rulemaking published at 59 DCR 2313, 2323 (March 23, 2012).

15 DCMR § 2954 [RESERVED]

History

SOURCE: Notice of Final Rulemaking published at 55 DCR 000561 (January 18, 2008); as amended by Notice of Final Rulemaking published at 59 DCR 2313, 2323 (March 23, 2012).

15 DCMR § 2955 [RESERVED]

History

SOURCE: Notice of Final Rulemaking published at 55 DCR 000561 (January 18, 2008); as amended by Notice of Final Rulemaking published at 59 DCR 2313, 2323 (March 23, 2012).

15 DCMR § 2956 [RESERVED]

History

SOURCE: Notice of Final Rulemaking published at 55 DCR 000561 (January 18, 2008); as amended by Notice of Final Rulemaking published at 59 DCR 2313, 2323 (March 23, 2012).

15 DCMR § 2957 [RESERVED]

History

SOURCE: Notice of Final Rulemaking published at 55 DCR 000561 (January 18, 2008); as amended by Notice of Final Rulemaking published at 59 DCR 2313, 2323 (March 23, 2012).

15 DCMR § 2958 RESERVED]

History

SOURCE: Notice of Final Rulemaking published at 55 DCR 000561 (January 18, 2008); as amended by Notice of Final Rulemaking published at 59 DCR 2313, 2323 (March 23, 2012).

15 DCMR § 2959 [RESERVED]

History

SOURCE: Notice of Final Rulemaking published at 55 DCR 000561 (January 18, 2008); as amended by Notice of Final Rulemaking published at 59 DCR 2313, 2323 (March 23, 2012).

15 DCMR § 2960 [RESERVED]

History

SOURCE: Notice of Final Rulemaking published at 55 DCR 000561 (January 18, 2008); as amended by Notice of Final Rulemaking published at 59 DCR 2313, 2323 (March 23, 2012).

15 DCMR § 2961 [RESERVED]

History

SOURCE: Notice of Final Rulemaking published at 55 DCR 000561 (January 18, 2008); as amended by Notice of Final Rulemaking published at 59 DCR 2313, 2323 (March 23, 2012).

15 DCMR § 2962 [RESERVED]

History

SOURCE: Notice of Final Rulemaking published at 55 DCR 000561 (January 18, 2008); as amended by Notice of Final Rulemaking published at 59 DCR 2313, 2323 (March 23, 2012).

15 DCMR § 2963 [RESERVED]

History

SOURCE: Notice of Final Rulemaking published at 55 DCR 000561 (January 18, 2008); as amended by Notice of Final Rulemaking published at 59 DCR 2313, 2323 (March 23, 2012).

15 DCMR § 2964 [RESERVED]

History

SOURCE: Notice of Final Rulemaking published at 55 DCR 000561 (January 18, 2008); as amended by Notice of Final Rulemaking published at 59 DCR 2313, 2323 (March 23, 2012).

15 DCMR § 2965 [RESERVED]

History

SOURCE: Notice of Final Rulemaking published at 55 DCR 000561 (January 18, 2008); as amended by Notice of Final Rulemaking published at 59 DCR 2313, 2323 (March 23, 2012).

15 DCMR § 2966 [RESERVED]

History

SOURCE: Notice of Final Rulemaking published at 55 DCR 000561 (January 18, 2008); as amended by Notice of Final Rulemaking published at 59 DCR 2313, 2323 (March 23, 2012).

15 DCMR § 2967 [RESERVED]

History

SOURCE: Notice of Final Rulemaking published at 55 DCR 000561 (January 18, 2008); as amended by Notice of Final Rulemaking published at 59 DCR 2313, 2323 (March 23, 2012).

15 DCMR § 2968 [RESERVED]

History

SOURCE: Notice of Final Rulemaking published at 55 DCR 000561 (January 18, 2008); as amended by Notice of Final Rulemaking published at 59 DCR 2313, 2323 (March 23, 2012).

15 DCMR § 2969 [RESERVED]

History

SOURCE: Notice of Final Rulemaking published at 55 DCR 000561 (January 18, 2008); as amended by Notice of Final Rulemaking published at 59 DCR 2313, 2323 (March 23, 2012).

15 DCMR § 2970 [RESERVED]

History

SOURCE: Notice of Final Rulemaking published at 55 DCR 000561 (January 18, 2008); as amended by Notice of Final Rulemaking published at 59 DCR 2313, 2323 (March 23, 2012).

15 DCMR § 2971 [RESERVED]

History

SOURCE: Notice of Final Rulemaking published at 55 DCR 000561 (January 18, 2008); as amended by Notice of Final Rulemaking published at 59 DCR 2313, 2323 (March 23, 2012).

15 DCMR § 2972 [RESERVED]

History

SOURCE: Notice of Final Rulemaking published at 55 DCR 000561 (January 18, 2008); as amended by Notice of Final Rulemaking published at 59 DCR 2313, 2323 (March 23, 2012).

15 DCMR § 2973 [RESERVED]

History

SOURCE: Notice of Final Rulemaking published at 55 DCR 000561 (January 18, 2008); as amended by Notice of Final Rulemaking published at 59 DCR 2313, 2323 (March 23, 2012).

15 DCMR § 2974 [RESERVED]

History

SOURCE: Notice of Final Rulemaking published at 55 DCR 000561 (January 18, 2008); as amended by Notice of Final Rulemaking published at 59 DCR 2313, 2323 (March 23, 2012).

15 DCMR § 2975 [RESERVED]

History

SOURCE: Notice of Final Rulemaking published at 55 DCR 000561 (January 18, 2008); as amended by Notice of Final Rulemaking published at 59 DCR 2313, 2323 (March 23, 2012).

15 DCMR § 2976 [RESERVED]

History

SOURCE: Notice of Final Rulemaking published at 55 DCR 000561 (January 18, 2008); as amended by Notice of Final Rulemaking published at 59 DCR 2313, 2323 (March 23, 2012).

15 DCMR § 2977 [RESERVED]

History

SOURCE: Notice of Final Rulemaking published at 55 DCR 000561 (January 18, 2008); as amended by Notice of Final Rulemaking published at 59 DCR 2313, 2323 (March 23, 2012).

15 DCMR § 2978 [RESERVED]

History

SOURCE: Notice of Final Rulemaking published at 55 DCR 000561 (January 18, 2008); as amended by Notice of Final Rulemaking published at 59 DCR 2313, 2323 (March 23, 2012).

15 DCMR § 2979 [RESERVED]

History

SOURCE: Notice of Final Rulemaking published at 55 DCR 000561 (January 18, 2008); as amended by Notice of Final Rulemaking published at 59 DCR 2313, 2323 (March 23, 2012).

15 DCMR § 2980 [RESERVED]

History

SOURCE: Notice of Final Rulemaking published at 55 DCR 000561 (January 18, 2008); as amended by Notice of Final Rulemaking published at 59 DCR 2313, 2323 (March 23, 2012).

15 DCMR § 2981 [RESERVED]

History

SOURCE: Notice of Final Rulemaking published at 55 DCR 000561 (January 18, 2008); as amended by Notice of Final Rulemaking published at 59 DCR 2313, 2323 (March 23, 2012).

15 DCMR § 2982 [RESERVED]

History

SOURCE: Notice of Final Rulemaking published at 55 DCR 000561 (January 18, 2008); as amended by Notice of Final Rulemaking published at 59 DCR 2313, 2323 (March 23, 2012).

15 DCMR § 2983 [RESERVED]

History

SOURCE: Notice of Final Rulemaking published at 55 DCR 000561 (January 18, 2008); as amended by Notice of Final Rulemaking published at 59 DCR 2313, 2323 (March 23, 2012).

15 DCMR § 2984 [RESERVED]

History

SOURCE: Notice of Final Rulemaking published at 55 DCR 000561 (January 18, 2008); as amended by Notice of Final Rulemaking published at 59 DCR 2313, 2323 (March 23, 2012).

15 DCMR § 2985 [RESERVED]

History

SOURCE: Notice of Final Rulemaking published at 55 DCR 000561 (January 18, 2008); as amended by Notice of Final Rulemaking published at 59 DCR 2313, 2323 (March 23, 2012).

15 DCMR § 2986 [RESERVED]

History

SOURCE: Notice of Final Rulemaking published at 55 DCR 000561 (January 18, 2008); as amended by Notice of Final Rulemaking published at 59 DCR 2313, 2323 (March 23, 2012).

15 DCMR § 2987 [RESERVED]

History

SOURCE: Notice of Final Rulemaking published at 55 DCR 000561 (January 18, 2008); as amended by Notice of Final Rulemaking published at 59 DCR 2313, 2323 (March 23, 2012).

15 DCMR § 2988 [RESERVED]

History

SOURCE: Notice of Final Rulemaking published at 55 DCR 000561 (January 18, 2008); as amended by Notice of Final Rulemaking published at 59 DCR 2313, 2323 (March 23, 2012).

15 DCMR § 2989 [RESERVED]

History

SOURCE: Notice of Final Rulemaking published at 55 DCR 000561 (January 18, 2008); as amended by Notice of Final Rulemaking published at 59 DCR 2313, 2323 (March 23, 2012).

15 DCMR § 2990 [RESERVED]

History

SOURCE: Notice of Final Rulemaking published at 55 DCR 000561 (January 18, 2008); as amended by Notice of Final Rulemaking published at 59 DCR 2313, 2323 (March 23, 2012).

15 DCMR § 2991 [RESERVED]

History

SOURCE: Notice of Final Rulemaking published at 55 DCR 000561 (January 18, 2008); as amended by Notice of Final Rulemaking published at 59 DCR 2313, 2323 (March 23, 2012).

15 DCMR § 2992 [RESERVED]

History

SOURCE: Notice of Final Rulemaking published at 55 DCR 000561 (January 18, 2008); as amended by Notice of Final Rulemaking published at 59 DCR 2313, 2323 (March 23, 2012).

15 DCMR § 2993 [RESERVED]

History

SOURCE: Notice of Final Rulemaking published at 55 DCR 000561 (January 18, 2008); as amended by Notice of Final Rulemaking published at 59 DCR 2313, 2323 (March 23, 2012).

15 DCMR § 2994 [RESERVED]

History

SOURCE: Notice of Final Rulemaking published at 55 DCR 000561 (January 18, 2008); as amended by Notice of Final Rulemaking published at 59 DCR 2313, 2323 (March 23, 2012).

15 DCMR § 2995 [RESERVED]

History

SOURCE: Notice of Final Rulemaking published at 55 DCR 000561 (January 18, 2008); as amended by Notice of Final Rulemaking published at 59 DCR 2313, 2323 (March 23, 2012).

15 DCMR § 2996 [RESERVED]

History

SOURCE: Notice of Final Rulemaking published at 55 DCR 000561 (January 18, 2008); as amended by Notice of Final Rulemaking published at 59 DCR 2313, 2323 (March 23, 2012).

15 DCMR § 2997 [RESERVED]

History

SOURCE: Notice of Final Rulemaking published at 55 DCR 000561 (January 18, 2008); as amended by Notice of Final Rulemaking published at 59 DCR 2313, 2323 (March 23, 2012).

15 DCMR § 2998 [RESERVED]

History

SOURCE: Notice of Final Rulemaking published at 55 DCR 000561 (January 18, 2008); as amended by Notice of Final Rulemaking published at 59 DCR 2313, 2323 (March 23, 2012).

15 DCMR § 2999 DEFINITIONS

2999.1 For the purposes of this chapter, the following terms and phrases have the following meanings:

Adjacent PJM State – Alabama, Arkansas, Georgia, Iowa, Mississippi, Missouri, New York, South Carolina, and Wisconsin are deemed to be adjacent to the PJM Interconnection region, as are those portions of Illinois, Indiana, Kentucky, Michigan, North Carolina, Tennessee, and Virginia which are not within the PJM Interconnection region.

Amended Application – a form to be filled out, either through the RPS Portal or the Commission e-Docket, pursuant to Subsection 2902.14 by a currently certified Renewable Generator that has undergone an alteration or modification. This form will include documentation of the alteration or modification and has the purpose of notifying the Commission of the facility alterations and modifications and giving the Commission an opportunity to approve or deny them.

Azimuth – the angle between the horizonal direction of the sun and a reference to the direction (North) of a solar panel. This direction is non-magnetic unless so specified.

Behind-the-meter generator or BTM generator – an on-site Renewable Generator that is located behind a retail customer meter such that no utility-owned transmission or distribution facilities are used to deliver the energy from the generating unit to the on-site generator’s load.

Black liquor – the spent cooking liquor from the Kraft process of paper making.

Brush – shrubs and stands of short, scrubby trees that do not reach merchantable size.

Commission – the Public Service Commission of the District of Columbia.

Community Renewable Energy Facility or CREF – an energy facility with a capacity no greater than five (5) megawatts that: (a) uses renewable resources defined as a Tier One renewable source; (b) is located within the District; (c) has at least two (2) Subscribers; and (d) has executed an Interconnection Agreement and a CREF Rider with the Electric Company.

Compliance Year – the calendar year for which the Electricity Supplier seeks to establish compliance with the District’s RPS by filing a compliance report.

Dunnage – loose materials or padding used to support or protect cargo within shipping containers.

Energy Supply Contract – a contract between an Electricity Supplier and a customer for the retail sale of electricity.

Electric Company – includes every corporation, company, association, joint-stock company or association, partnership, or person doing business in the District, their lessees, trustees, or receivers appointed by any court whatsoever, physically transmitting or distributing electricity in the District to retail electric customers, excluding any person or entity distributing electricity from a BTM generator to a single retail customer behind the same meter and located on the same premise as the customer’s meter. In addition, the term excludes any building owner, lessee, or manager who, respectively, owns, leases, or manages, the internal distribution system serving the building and who supplies electricity and other electricity related services solely to the occupants of the building for use by the occupants. The term also excludes a person or entity that does not sell or distribute electricity and that owns or operates equipment used exclusively for the charging of electric vehicles.

Electricity 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:

(b) Any person who purchases electricity for its own use or for the use of its subsidiaries or affiliates;

(c) Any apartment building or office building manager who aggregates electric service requirements for his or her building or buildings, and who does not: (i) Take title to electricity; (ii) Market electric services to the individually-metered tenants of his or her building; or (iii) Engage in the resale of electric services to others;

(d) Property owners who supply small amounts of power, at cost, as an accommodation to lessors or licensees of the property;

(e) Consolidators;

(f) CREFs;

(g) An Electric Company; and

(h) Any person or entity that owns a BTM generator and sells or supplies the electricity from that generator to a single retail customer or customers behind the same meter located on the same premise.

Fuel input – the higher heating value of the input fuel type, measured in BTU/LB, based on the standardized heating type of fuel type, multiplied by the annual fuel used in as delivered tons, multiplied by 2000.

Inverter-Based Revenue-Grade Generation Measurement Equipment – electrical inverter equipment, advanced inverters (upon commercial availability), or inverter communicating equipment—used by a BTM generator or CREF—that measures the generated electricity output at the inverter, is capable of recording the cumulative kilowatt-hours that the generator produces which meets the latest American National Standards Institute (ANSI) C-12.20 standard including an accuracy deviation no greater than +/- 0.5%, and that easily displays all collected data and retains lifetime production even in the event of a power outage.

PJM Environmental Information Services, Inc. Generation Attribute Tracking System or GATS – the platform owned and administered by PJM Environmental Information Services, Inc. that creates and tracks a generator-specific electronic certificate for every megawatt-hour (MWh) of electricity produced by a generator.

PJM Interconnection, L.L.C. – the regional transmission organization that coordinates the movement of wholesale electricity in all or parts of 13 states and the District of Columbia and is regulated by the Federal Energy Regulatory Commission.

PJM Interconnection region – the area within which the movement of wholesale electricity is coordinated by the PJM Interconnection, L.L.C. This area includes all or parts of Delaware, Illinois, Indiana, Kentucky, Maryland, Michigan, New Jersey, North Carolina, Ohio, Pennsylvania, Tennessee, Virginia, West Virginia, and the District of Columbia.

Power Purchase Agreement or PPA – an agreement to purchase electric supply

from renewable resources.

Qualifying biomass – a solid, non-hazardous, cellulosic waste material that is segregated from other waste materials, and is derived from any of the following forest-related resources, with the exception of old growth timber, construction and demolition-derived wood and whole trees that are not part of a closed-loop biomass system, cleared solely for the purpose of energy production, unsegregated solid waste, or post-consumer wastepaper:

(a) Mill residue;

(b) Slash;

(d) Yard waste;

(e) A waste pallet, crate, or dunnage;

(f) Agricultural sources, including tree crops, vineyard materials, grain, legumes, sugar, and other crop by products or residues; or

(g) Cofired biomass.

Renewable Energy Credit or REC – a credit representing one megawatt hour (1

MWh) of energy produced by a Tier One renewable source located within the PJM Interconnection region; or until January 1, 2029, a Tier One renewable source located within an Adjacent PJM State that was certified by the Commission as of March 22, 2019.

Renewable Energy Portfolio Standard or RPS – the percentage of electricity sales at retail in the District that is to be derived from Tier One renewable sources in accordance with D.C. Official Code Section 34-1432(c).

Renewable Generator – a generator that produces energy from a Tier One

renewable source.

Retroactive Renewable Energy Credit or Retroactive REC – a form of REC accredited to its producer at a different month than it was actually created for reasons including but not limited to:

A facility was temporarily deactivated, which ceased REC accreditation for a period of time (see Subsection 2903.1(a));

A clerical error caused an under-reporting of RECs that was corrected at a later date (see Subsection 2904.4); or

The facility started generating before certification (see Subsection 2904.5).

Revenue-Grade Generation Meter – a meter used by a BTM generator or CREF that measures the generated electricity at the AC output of an inverter, is capable of recording the cumulative kilowatt-hours that the generator produces which meets the latest American National Standards Institute (ANSI) C-12.20 standard including an accuracy deviation no greater than +/- 0.5%, and that easily displays all collected data and retains lifetime production even in the event of a power outage.

RPS Portal – a system on the Commission’s website that allows users to submit and track their RPS applications with the Commission and certify their Renewable Generator.

Slash – (a) Tree tops, branches, bark, or other residue left on the ground after logging or other forestry operations; or (b) Tree debris left after a natural catastrophe.

Solar energy – radiant energy, direct, diffuse, or reflected, received from the sun at wavelengths suitable for conversion into thermal, chemical, or electrical energy, that is collected, generated, or stored for use at a later time.

Solar Energy System – a system that produces Solar Energy consistent with the definition of Solar Energy in this chapter.

Solar Thermal Energy System – a system that converts solar energy into useful thermal energy output, consistent with the definitions in this chapter.

Tier One renewable source – one (1) or more of the following types of energy sources:

(a) Solar energy;

(b) Wind;

Qualifying biomass used at a generation unit that achieves a total system efficiency of at least sixty-five percent (65%) on an annual basis, can demonstrate that it achieved a total system efficiency of at least 65% on an annual basis through actual operational data after one year, and that started commercial operation after January 1, 2007;

(d) Methane from the anaerobic decomposition of organic materials in a landfill or wastewater treatment plant;

(e) Geothermal;

(f) Ocean, including energy from waves, tides, currents, and thermal differences;

Fuel cells producing electricity from a Tier One renewable source under paragraph (c) or (d) of this paragraph; and

(h) Raw or treated wastewater used as a heat source or sink for a heating or cooling system.

Tier Two renewable source – one (1) or more of the following types of energy sources:

(a) Hydroelectric power other than pumped storage generation;

(b) Waste-to-energy; or

(c) Qualifying biomass used at a generation unit that started commercial operation on or before December 31, 2006; or achieves a total system efficiency of less than 65%; or uses black liquor.

Tilt – The vertical orientation to the sun of a solar panel in reference to level ground.

Total system efficiency – the sum of the net useful thermal energy output measured in BTUs divided by the total fuel input.

Useful thermal energy output – energy in the form of direct heat, steam, hot water, or other thermal form that are used in production and beneficial measures for heating, cooling, humidity control, process use, or other valid thermal end use energy requirements and for which fuel or electricity would otherwise be consumed. Useful thermal energy output does not include thermal energy used for the purpose of drying or refining biomass fuel.

Waste-to-energy – waste treatment, including the use of a licensed facility that burns waste resources in high-efficiency furnaces or boilers, to produce electricity. Such resources include municipal solid waste but exclude waste coal.

History

SOURCE: Final Rulemaking published at 55 DCR 000561 (January 18, 2008); as amended by Final Rulemaking published at 59 DCR 2313, 2323 (March 23, 2012); as amended by Final Rulemaking published at 63 DCR 4874 (April 1, 2016); as amended by Final Rulemaking published at 64 DCR 4231 (May 5, 2017); as amended by Final Rulemaking published at 65 DCR 11025 (October 5, 2018); as amended by Final Rulemaking published at 65 DCR 13524 (December 14, 2018); as amended by Final Rulemaking published at 67 DCR 0900 (January 31, 2020); as amended by Final Rulemaking published at 68 DCR 5434 (May 21, 2021); as amended by Final Rulemaking published at 69 DCR 002772 (April 1, 2022); as amended by Final Rulemaking published at 71 DCR 003262 (March 22, 2024). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 2999

15-30 CABLE ACCESS TO RESIDENTIAL RENTAL PROPERTY

15 DCMR § 3000 GENERAL PROVISIONS

3000.1 This chapter shall establish procedures to govern access to residential rental property by a cable television operator to install cable television facilities and equipment.

3000.2 Subject to the provisions of this chapter, a cable television operator shall be obligated to provide a cable television service to any tenant within the operator's franchise territory requesting it.

3000.3 Owners of residential rental property occupied by tenants shall not interfere with the installation of cable television facilities on his or her property except to the extent permitted in §45a of the Cable Television Communications Act of 1981, D.C. Code §43-1844.1 (1981 Ed.).

3000.4 No cable television operator may enter into any agreement with the owners, lessees, or persons controlling or managing buildings served by cable television, or do or permit any act that would have the effect of diminishing or interfering with existing rights of any tenant or occupant of the building to use or avail himself or herself of master or individual antenna equipment.

3000.5 Except as provided in §3006 of this chapter, the owner of residential rental property shall not demand or accept payment from any cable television operator in exchange for permitting cable television service or facilities on or within his or her property or premises.

3000.6 All documents to be filed with the Office of Cable Television pursuant to this chapter shall be filed between the hours of 8:30 a.m. and 4:00 p.m. on or before the due date. No document shall be received for filing after that time.

3000.7 The Office shall be open each business day except legal holidays.

3000.8 All documents shall be considered filed for purposes of this chapter when received by the Office during business hours set forth in this section.

3000.9 Unless otherwise required by the Director, there shall be filed with the Office an original and two (2) copies of all documents submitted for filing.

History

AUTHORITY: Unless otherwise noted, the authority for this chapter is § 45(a) of the Cable Television Communications Act of 1981, D.C. Law 4-142; added by §2(pp) of the Cable Television Communications Act of 1981 Clarification Amendment Act of 1983, D.C. Law 5-36, D.C. Code § 43-1844.1 (1981 Ed.).
SOURCE: Final Rulemaking published at 35 DCR 7175 (September 30, 1988).

15 DCMR § 3001 TIME

3001.1 In computing any period of time specified in this chapter, calendar days shall be counted.

3001.2 In computing any period of time specified in this chapter, the day of the act, event, or default from which the designated period of time begins to run shall not be included.

3001.3 The last day of the period shall be included unless it is a Saturday, Sunday, or legal holiday, in which event the period runs until the end of the next day which is not a Saturday, Sunday, or legal holiday.

3001.4 Whenever the rules in this chapter direct or permit an act within a prescribed period after service of a notice or other paper and the notice or paper is served by mail, three (3) days shall be added to the prescribed period.

History

SOURCE: Final Rulemaking published at 35 DCR 7175, 7176 (September 30, 1988).

15 DCMR § 3002 PROOF OF SERVICE

3002.1 Proof of service, stating the name and address of the person on whom service is made and the manner and date of service, may be shown by any of the following methods:

(a) Written acknowledgement by the person served or by his or her representative;

(b) The certificate of the person performing service or that person's representative or attorney; or

3002.2 Documents required or permitted to be filed under this chapter shall be served on the same date the document is filed with the Office.

History

SOURCE: Final Rulemaking published at 35 DCR 7175, 7177 (September 30, 1988).

15 DCMR § 3003 NOTICE OF INSTALLATION OF CABLE FACILITIES

3003.1 Before installing cable television facilities or equipment or residential rental property, the cable operator shall serve written notice to the owner, or authorized agent of the property, of the cable operator's intent to install cable television facilities and equipment. The notice shall be served by certified mail fifteen (15) days before the schedule installation date.

3003.2 The following information shall be contained in the notice:

(a) The name and address of the cable television operator;

(b) The name and address of the owner or authorized agent of the property;

(d) A description of the proposed method of installation of sufficient detail to enable the owner to respond as required under §3004.1;

(e) A copy of D.C. Code §43-1844.1 (1981 Ed.);

(f) A citation to this chapter;

(g) A statement that the cable television operator, after notice to the owner or authorized agent of the property, has the right to enter the property to make surveys or conduct other investigations to prepare for installation and that the cable television operator shall be liable to the owner for any damages caused by the entry;

(h) A statement that installation of cable television facilities shall conform to those reasonable conditions and architectural controls set forth in writing by the owner as being necessary to protect the safety, functioning, appearance of the premises, and the convenience and well-being of other tenants;

(i) A statement that the cable television operator or the tenant or a combination thereof shall bear the cost of the installation, operation or removal of the facilities;

(j) A statement that the cable television operator shall, upon request, indemnify the owner for any damage caused in connection with the installation;

(k) A statement that, in compensation for the access authorized under D.C. Code §43-1844.1 (1981 Ed.), the amount of one dollar ($1) shall be tendered when an access agreement is signed or, if necessary, Office approval to proceed with the installation of cable facilities is obtained;

(l) A statement that the owner may waive compensation for permitting the installation of cable television facilities;

(m) A statement that the owner may, within sixty (60) days of service of this notice that installation has been completed, apply for compensation in excess of one dollar ($1); and

(n) A statement that a response from the owner or authorized agent of the property shall be served on the cable television operator within fifteen (15) days and that failure to respond may result in the installation of cable television facilities pursuant to the approval of the Office.

3003.3 The cable television operator shall determine the identity of the owner or authorized agent of the property in question.

3003.4 At any time after delivery of the notice specified in §3003.2, an owner or authorized agent of the property may waive compensation for permitting the installation of cable television facilities.

3003.5 Every cable television operator that installs cable television services or facilities pursuant to this chapter shall serve upon the owner or authorized agent of the property notice that installation has been completed within five (5) days of the initiation of cable service to a tenant.

History

SOURCE: Final Rulemaking published at 35 DCR 7175, 7177 (September 30, 1988).

15 DCMR § 3004 OWNER'S RESPONSE TO NOTICE OF INTENT TO INSTALL CABLE FACILITIES

3004.1 Within fifteen (15) days after serving the notice required by §3003, the owner or authorized agent of the property shall serve, by hand, or certified mail, on the cable television operator a written statement, on a form prepared by the cable operator, agreeing or disagreeing with the plan for installation described in the notice.

3004.2 If, within forty-five (45) days after serving the notice required by §3003, the cable television operator and the owner are unable to reach an agreement on the terms and conditions for the installation of cable facilities and equipment, the cable television operator may apply to the Office for approval to install its cable television facilities. The application shall contain the following information:

(a) A copy of the notice of intent to install sent to the owner or authorized agent of the property;

(b) A specific description of the proposed method of installation;

(d) A brief description of the areas of dispute with the owner regarding the installation of cable facilities.

3004.3 The cable operator shall serve, by hand or certified mail, a copy of the application on the owner or authorized agent of the property. Service of the application shall include a written statement informing the owner or his or her agent of the owner's obligation to file, within fifteen (15) days of service of the application, a response with the Office.

3004.4 Any response filed by the owner shall contain a statement of the manner in which the conditions required by the owner regarding the installation of cable facilities are necessary to protect the safety, functioning and appearance of the property and the convenience and well-being of the tenants.

3004.5 After receiving the cable television operator's application and the owner's response, the Director shall attempt to mediate the dispute. The Director may require the submission of additional information by either the cable television operator or the owner.

3004.6 If mediation efforts fail, the Director shall, based upon the information submitted, approve or disapprove the application, schedule a hearing, or direct such other procedures to facilitate the installation of cable television facilities and equipment consistent with D.C. Code § 43-1844.1 (1981 Ed.).

3004.7 Installation of cable facilities and equipment shall not be permitted until all issues related to reasonable conditions are either agreed upon between the owner and the cable operator or installation is approved by the Office in accord with §§ 3004.5-3004.6.

3004.8 All executed access agreements shall be filed with the Office.

History

SOURCE: Final Rulemaking published at 35 DCR 7175, 7179 (September 30, 1988).

15 DCMR § 3005 FAILURE OF OWNER TO RESPOND TO NOTICE

3005.1 If the owner fails to respond within the fifteen (15) days required by § 3004.1, the cable television operator shall apply to the Office for approval to install cable television facilities. The application shall be verified by an authorized officer of the cable television company and shall contain the following:

(a) Proof of service on the owner or authorized agent of a notice of intent to install cable television facilities;

(b) The location of the property;

(c) A description of the facilities and equipment to be installed on the property, including the type and method of installation and the anticipated costs;

(d) The name of the individual or officer responsible for the actual installation;

(e) A statement that the cable television operator shall indemnify the owner for any damage caused in connection with the installation, including proof of insurance or other evidence of ability to indemnify the owner;

(f) A statement that the installation shall be conducted without prejudice to the rights of the owner to apply for compensation in accord with §3006;

(g) A summary of efforts by the cable television operator to effect entry on the property for the installation; and

(h) A statement that the owner or authorized agent of the property shall file a response to the application within twenty (20) days of the date it is served and that failure to respond may result in approval by the Office of the cable television operator's request to install cable television facilities on the premises. The owner's response shall be served on the cable operator by hand-delivery or certified mail.

3005.2 If the owner fails to respond within the time required by paragraph (h) of §3005.1,the Office may approve the application of the cable television operator which shall constitute a determination that the applicant has complied with the requirements of this chapter.

3005.3 After reviewing the application and response, if any, provided for in this section, the Office may approve or disapprove the application, schedule a hearing on any material factual issues presented in those documents or direct other procedures, consistent with D.C. Code §43-1844.1 (1981 Ed.), to facilitate the installation of cable television facilities.

History

SOURCE: Final Rulemaking published at 35 DCR 7175, 7180 (September 30, 1988),

15 DCMR § 3006 APPLICATION BY OWNER FOR COMPENSATION

3006.1 If an owner believes he or she is entitled to compensation in excess of one dollar ($1), the owner may file an application with the Office requesting a determination of the compensation.

3006.2 Applications for compensation shall be filed within sixty (60) days of receiving notice, under §3003, from the cable television operator of intent to install cable television facilities or notice of the completion of the installation of cable television facilities. There shall be no extension of the time period prescribed in this section.

3006.3 Filing an application for compensation shall not delay or impair the right of the cable television operator to construct, install, maintain, or repair cable television facilities.

3006.4 An application for compensation shall set forth specific facts relied on by the owner to justify compensation in excess of one dollar ($1). The application shall include, but need not be limited to, the following information:

(a) A description of the location and the amount of space to be occupied by the cable installation;

(b) The value of the property before the installation of cable facilities and equipment, and the value of the property after the installation of cable facilities;

(d) The amount claimed by the owner as compensation for the taking of property occasioned by the installation of cable television facilities.

3006.5 The application for compensation shall be served on the cable television operator by hand-delivery or certified mail. Proof of service shall be filed with the Office.

3006.6 The cable television operator shall file with the Office a response to the application within twenty-one (21) days after the date the application is served.

3006.7 The Office may, upon good cause shown, permit the filing of supplemental information at any time and may, on its own initiative, direct the filing of additional information before making a determination on the issue of compensation.

3006.8 After receiving the information required under this section, the Office shall determine whether the information supplied establishes a prima facie case that compensation may exceed one dollar ($1). The determination of the Office will be mailed to both the cable television operator and owner or authorized agent of the property.

3006.9 Within twenty (20) days of the date of the determination of the Office, the owner or the cable operator may file a request for a hearing. The hearing shall be held in accordance with the procedures established in D.C. Code §1-1509 (1981 Ed.).

3006.10 The Office may, following a request for a hearing require the cable television operator to make advance payment or post security in the form and amount as the Office deems necessary to ensure the adequacy of compensation.

3006.11 If, at any time after the filing of an application for compensation, the cable operator and the owner agree on the amount of compensation to be paid for installing cable television facilities, the Office shall not be required to make an assessment or conduct a hearing. The agreement along with the criteria, data, or methods used to determine the amount of compensation, shall be submitted to the Office for approval.

History

SOURCE: Final Rulemaking published at 35 DCR 7175, 7182 (September 30, 1988).

15 DCMR § 3099 DEFINITIONS

3099.1 When used in this chapter, the following terms and phrases shall have the meaning ascribed:

Cable Television Operator - a cable television company authorized to construct and operate a cable television system along the public ways in the District of Columbia or within specified areas in the District of Columbia.

Director - the Executive Director of the Office of Cable Television established under D.C. Code §43-1805 (1990 Repl. Vol.).

Legal Holidays - those public holidays listed in D.C. Code §§1-613.2(a) and (c) (1981 Ed.).

Office - the Office of Cable Television established under D.C. Code §43-1805 (1981 Ed.).

Owner - the legal owner of any dwelling, a condominium association, a housing cooperative or the agent authorized to manage, administer or control one or more single or multiple residential dwellings irrespective of the form of property ownership.

Party - an applicant, petitioner, or a respondent seeking or responding to a request for relief from the Office of Cable Television pursuant to this chapter.

Person - an individual, firm, partnership, corporation, or association.

History

SOURCE: Final Rulemaking published at 35 DCR 7175, 7183 (September 30, 1988).

15-31 CUSTOMER SERVICE STANDARDS

15 DCMR § 3100 POLICY AND APPLICATION

3100.1 This chapter defines the customer service standards by which cable television operators shall provide cable service to subscribers in the District of Columbia.

3100.2 This chapter 31 shall apply to an Open Video System operator. For the purposes of these regulations, the term "cable operator" shall apply to an Open Video System operator authorized to operate in the District of Columbia.

History

SOURCE: Final Rulemaking published at 49 DCR 6797 (July 19, 2002).

15 DCMR § 3101 NOTICE

3101.1 In addition to notice required elsewhere in this chapter 31, a cable operator shall provide written notice to the Office of Cable Television ("OCT") and to all subscribers at least thirty (30) days prior to the effective date of any of the following:

(a) A change in a programming service or channels including the discontinuation of an existing service, addition of a new service, change in the channel location of any service, or an increase or decrease in the number of hours a service is carried over the cable operator's system;

(b) A change in the rates, charges, terms, or conditions for the receipt of service or equipment;

(d) A change in billing practices; or

(e) A change of the policies or other information set forth pursuant to subsection 3102.1.

3101.2 Any notice required by subsection 3101.1 shall specify, as applicable, the service or services affected; the new rate, charge, term, or condition; the effect of the change; and the effective date of the change. A notice of a change in programming services or channel locations shall include a concise description of the new programming service and the specific channel location of that programming service. In addition, should the channel locations of other services be affected by the introduction of a new service, the information shall also be included in the notice.

3101.3 A cable operator shall provide to OCT annually, by no later than December 15 of each year, a listing of its closings or holidays for the upcoming year.

3101.4 The initial notice to subscribers regarding a change subject to subsection 3101.1(a) and (b) shall include an advertisement placed in a daily periodical or newspaper of general distribution (for example, The Washington Post). The notice shall also be placed in a Spanish daily periodical. A cable operator shall also provide written notice of changes to subscribers in billing messages, inserts, or other communications prior to the date of the service change. A cable operator shall provide a copy of such notice to OCT upon the request of OCT.

3101.5 A cable operator shall post notice of the service changes at its customer service center and on its website at least thirty (30) days prior to the proposed change and shall maintain the notices until at least fourteen (14) days after the date of the service change.

3101.6 A cable operator may provide electronic notice (for example, scrolling messages) or advertisement spots of programming service changes or rate changes on local origination channels or on channels used for local advertisement insertions.

History

SOURCE: Final Rulemaking published at 49 DCR 6797 (July 19, 2002).

15 DCMR § 3102 SUBSCRIPTION INFORMATION

3102.1 A cable operator shall provide written information in a complete and comprehensible manner to all subscribers at least annually, at the time of installation of service, and upon request, in each of the following areas:

(a) A listing and description of the cable services provided by the cable operator;

(b) A list of channel locations for all cable services;

(c) A listing of all rates, terms, and conditions for each cable service and service tier, each type of equipment, and all other charges, including without limitation, charges for installation, connection of additional outlets, equipment deposits, reconnecting service, VCR connections, relocating cable outlets, and returned checks;

(d) The location(s), hours of operation, and telephone number(s) for each customer service center;

(e) The location(s) and hours of operation of each payment center;

(f) The telephone number(s) and address of a cable operator's customer service department and corporate office, accompanied by a brief description of the services and information that may be obtained by dialing each number;

(g) The website address for a cable operator's website used for customer service purposes, accompanied by a brief description of the services and information that may be obtained by accessing the website;

(h) Notice of the availability of subscriber terminal equipment and the procedure to obtain the equipment, including, but not limited to, wireless remote control devices, parental control devices, digital converters, and closed caption decoders;

(i) A general explanation of other communications devices that may be used in conjunction with the system, including, but not limited to, video cassette recorders, remote control devices, cable modems, v-chip technology, closed captioning decoders, and parental control devices;

(j) Notice of the commercial availability of universal remotes and other compatible equipment clearly indicating that a list of specific brands and models, consistent with 47 CFR § 76.1622(b)(3) as amended from time to time, shall be provided to a subscriber upon request;

(k) The terms for rental equipment, including procedures for the return of equipment and the subscriber's liability for lost, stolen, or damaged equipment;

(l) A description of a cable operator's billing and collection procedures, including an applicable policy for late fees, returned check charges, and credit balances;

(m) The steps for resubscribing to cable service after an involuntary termination of service;

(n) The policy governing service outages and repair service, including the time periods by which repairs for reception problems and other service problems shall be made;

(o) The procedure for the resolution of billing disputes;

(p) A policy of a cable operator concerning credits for customer service violations, including outages and reception problems;

(q) The procedure for return of deposits;

(r) The procedure and charges, if any, for service changes, including, but not limited to upgrade, downgrade, or termination of cable services;

(s) All installation and maintenance policies;

(t) A notice that subscribers may pay bills in person at a cable operator's customer service center(s) in the District or other payment location(s);

(u) A listing of special services for customers with disabilities, if any;

(v) A description of a cable operator's procedure for the resolution of subscriber complaints, including providing contact information (address, phone number, and website address) of OCT for unresolved complaints;

(w) The policy concerning subscriber privacy;

(x) An announcement that all cable operator employees and contractors who come into contact with subscribers at the subscriber's premises wear an identification card that includes the employee's name and photograph; and

(y) Additional information to subscribers required by applicable law or franchise agreement.

3102.2 A cable operator shall post on its website and shall display at customer service center(s) at least one copy of the information required by subsection 3102.1.

3102.3 A cable operator shall include on its monthly bill a notice that complaints or inquiries not satisfactorily handled by the cable operator may be referred to OCT.

3102.4 A cable operator shall provide a copy of all subscription and solicitation information to be distributed pursuant to subsection 3102.1 to OCT, at least ten (10) days before distributing it to the first subscriber for review and comment, so that OCT may ensure that the information contained therein complies with applicable law and is not misleading. OCT may order the cable operator to correct the subscription information if OCT determines that the information does not comply with applicable law or is misleading.

3102.5 All promotional materials advertising cable services to subscribers and the general public shall accurately disclose rates and terms.

3102.6 A cable operator shall clearly and accurately disclose to subscribers prices and terms for all services, including the prices of pay-per-view and pay-per-event programming before an order is accepted.

3102.7 A cable operator shall provide a written confirmation of any order, detailing all prices and terms and conditions, as part of the subscriber's next bill.

3102.8 In order that subscribers are fully apprised of the charges they may incur, a cable operator shall note that advertised rates are subject to additional taxes and fees.

History

SOURCE: Final Rulemaking published at 49 DCR 6797 (July 19, 2002).

15 DCMR § 3103 EQUIPMENT PROVIDED BY A CABLE OPERATOR

3103.1 A cable operator shall make available necessary equipment for subscribers to utilize services provided by a cable operator, such as converters and remote control devices. A cable operator shall supply a parental control device upon request at a charge consistent with the cable operator's applicable franchise agreement and applicable law.

3103.2 At a subscriber's request, a cable operator shall exchange faulty converters at the subscriber's address without charge. In such cases, the cable operator shall provide another converter, install it, and ensure that it is working properly.

3103.3 A cable operator may require a refundable, nondiscriminatory deposit for equipment provided to subscribers, and the deposit shall be placed in an interest- bearing account.

3103.4 A cable operator shall refund a deposit made by a subscriber, plus actual interest accrued pursuant to subsection 3103.3, within thirty (30) days after disconnection of service and the return of equipment.

3103.5 A cable operator shall make available arrangements for the return of equipment at the subscriber's address, such as pickup upon disconnection, or a satisfactory equivalent, such as the provision of a postage-prepaid mailer, and permit the return of equipment to a customer service center within thirty (30) days after the disconnection of services or by the last date the subscriber occupies the address (whichever is earlier). A cable operator shall give the subscriber a receipt showing the date and time of the return of the equipment. When equipment is returned, a cable operator shall promptly test the equipment to determine damage. Otherwise, subsequent claims of damages shall be deemed waived.

3103.6 In the event a subscriber does not cooperate with a cable operator's reasonable efforts to recover equipment, a cable operator may require the subscriber to return the equipment at a customer service center.

3103.7 A cable operator may hold a subscriber at fault for unreturned equipment if, within the time set forth in subsection 3103.5:

(a) The subscriber refused to make or keep arrangements for equipment pickup at the subscriber's address;

(b) The subscriber failed to avail themselves of alternative arrangements for the return of equipment; or

3103.8 A cable operator may charge the subscriber or deduct from the subscriber's deposit the depreciated value of the equipment if equipment is lost, damaged, or stolen.

3103.9 If a cable operator seeks to charge the subscriber for lost, stolen, or damaged equipment, the cable operator shall give a written notice to the subscriber of the amount charged.

3103.10 A cable operator shall keep records showing the resolution of subscriber claims regarding lost, stolen, or damaged equipment.

3103.11 In addition to the total amount of a refund due to a subscriber, if a cable operator fails to pay a refund due a subscriber, within forty-five (45) days of the disconnection of service and the return of equipment, the cable operator shall make an additional payment to the subscriber equal to 20% of the amount owed. A cable operator shall issue additional payments to the subscriber equal to 20% of the amount owed for each additional thirty (30) days that the refund remains outstanding.

3103.12 A cable operator shall provide free demonstrations of equipment at a cable operator's customer service center(s) on an ongoing basis and at the subscriber's address at the time of installation.

3103.13 Consistent with federal law, a cable operator shall allow the connection or use of authorized navigation devices (for example, converters and interactive equipment), provided that the equipment does not cause harm to the cable system and is not used for unauthorized access to the cable system and its services.

History

SOURCE: Final Rulemaking published at 49 DCR 6797 (July 19, 2002).

15 DCMR § 3104 CUSTOMER SERVICE CENTERS

3104.1 A cable operator shall maintain at least one (1) customer service center within the District of Columbia, accessible to the public, that can fully accommodate bill payments, return or exchange of equipment, subscriber complaints, and in-person discussion with customer service representatives.

3104.2 The customer service center(s) shall be open at least ten hours per day on weekdays, with evening hours on at least two days, and for at least six (6) hours on Saturdays, except on legal holidays recognized by the District or special occasions during which a customer service center(s) is closed for unusual circumstances pursuant to subsection 3104.3.

3104.3 A cable operator may temporarily close its customer service center(s) due to unusual circumstances (for example, staff meetings) only with the approval of OCT. On such occasions, the cable operator shall provide OCT at least three (3) business days notice of the proposed closure. The cable operator shall also notify subscribers at least two (2) days in advance of the proposed closure. In the case of an emergency closing for which advance notice is impractical, a cable operator shall notify OCT immediately.

3104.4 A cable operator shall provide notice to subscribers regarding hours or dates when its customer service center(s) will be closed for legal holidays recognized by the District or special occasions when its customer service center(s) is closed for unusual circumstances, pursuant to subsection 3104.3 during hours when its customer service center is ordinarily open. On these occasions, a cable operator shall provide notice via message on its telephone system and post a sign at the door of the customer service center(s).

3104.5 A cable operator shall make available a trained supervisor or manager in all customer service centers to meet in person with subscribers or other persons requesting a meeting.

3104.6 A cable operator shall post at its customer service center(s) hours of operation.

3104.7 A cable operator shall place a payment drop box or payment slot directly outside of its customer service center(s) or provide other means for payment after business hours. A payment shall be processed, at a minimum, before close of business of the next business day.

History

SOURCE: Final Rulemaking published at 49 DCR 6797 (July 19, 2002).

15 DCMR § 3105 TRAINING OF EMPLOYEES

3105.1 A cable operator shall operate its customer service center, train its employees, and maintain its telephone lines so that subscribers' complaints are resolved quickly, professionally, and politely.

3105.2 All employees of a cable operator who come into contact with subscribers shall be courteous, knowledgeable, and helpful and shall provide effective and satisfactory service in all contacts with customers.

3105.3 A cable operator shall ensure that its customer service representatives and salespersons (including contractors) are knowledgeable of the requirements established by this chapter 31 and the information listed in subsection 3102.1.

3105.4 When answering telephone calls from subscribers, each customer service representative shall identify himself or herself by name.

History

SOURCE: Final Rulemaking published at 49 DCR 6797 (July 19, 2002).

15 DCMR § 3106 TELEPHONE STANDARDS

3106.1 A cable operator shall have toll-free and local telephone access numbers that shall be answered twenty-four (24) hours per day, seven (7) days per week for receiving all customer service and billing inquiries.

3106.2 A cable operator shall make available trained customer service representatives to respond to telephone inquiries during, at a minimum, sixteen (16) hours per day, seven (7) days per week.

3106.3 A cable operator shall provide TDD/TTY service with trained customer service representatives, who shall be available during regular business hours and shall be able to provide services for a hearing-impaired customer at no charge.

3106.4 If a cable operator uses an automated answering or message system during normal business hours, the system shall provide a clearly-indicated opportunity to speak with a customer service representative. The automated system may not disconnect a caller without allowing the caller an opportunity to make another menu selection or to speak with a customer service representative.

3106.5 If a cable operator uses an automated answering or message system outside of normal business hours, as specified in subsection 3106.2, the system shall be able to adequately administer calls regarding service outages as follows:

(a) Permit a subscriber to report outages and to leave name and account number for an outage credit;

(b) Contact the person authorized by a cable operator to initiate corrective measures; and

(c) With respect to outages known to the cable operator, provide up-to-date information on the status of the outage, the efforts to correct the problem, and the estimated time when service will be restored.

3106.6 In the case of billing questions, complaints, or all other matters, the answering service or automated device shall record the calls. A cable operator shall return recorded calls by the close of the business of the next business day after the answering service or automated device takes the message.

3106.7 A cable operator shall meet the following standards with respect to telephone calls, measured over a one (1) month period:

(a) Each telephone call shall be answered within thirty (30) seconds ninety percent (90%) of the time;

(b) Callers shall not be kept on hold for longer than thirty (30) seconds, even during peak periods, ninety percent (90%) percent of the time;

(d) Incoming phone calls shall not be abandoned more than five percent (5%) of the time.

3106.8 OCT shall measure a cable operator's compliance with subsection 3106.7 on a monthly basis.

3106.9 A cable operator shall install an overflow device to permit a subscriber that is on hold for more than three (3) minutes to leave a message containing information such as the subscriber's name, address, account number, time of the call, telephone number, and a brief description of the reason for the call. A cable operator shall return the call as soon as possible and no later than the next business day after the message is recorded.

3106.10 A cable operator shall keep records as are necessary to show compliance with subsection 3106.7 of these regulations.

3106.11 A cable operator shall notify OCT as promptly as possible whenever there is an interruption of telephone service that affects the cable operator's ability to timely accept and address subscribers' calls pursuant to subsection 3106.7.

History

SOURCE: Final Rulemaking published at 49 DCR 6797 (July 19, 2002).

15 DCMR § 3107 BILLING

3107.1 A cable operator's subscriber bill shall present information clearly, comprehensibly, concisely, and accurately.

3107.2 Each bill shall contain an itemized account of all charges and fees. Bills shall also include:

(a) The date on which payment is due from a subscriber;

(b) The billing period over which each chargeable service is billed, including any prorated period due to the installation or disconnection of service;

(d) The amount of current billing and appropriate credits of past due balances, if any exist;

(e) The name and address of the cable operator;

(f) The telephone number of the cable operator's customer service office(s); and

(g) The telephone number and website address of OCT for unresolved customer service disputes.

3107.3 If a cable operator itemizes franchise fees or other governmental fees attributable to the total bill, a cable operator shall ensure that the itemization is in accordance with applicable law.

3107.4 A cable operator shall render bills monthly, except where service is for less than one (1) month.

3107.5 A cable operator shall make good faith efforts to adopt automatic payment systems to permit subscribers to pay bills electronically via the Internet (both through the cable operator's website and via electronic payment procedures of other financial institutions).

3107.6 A cable operator shall issue a credit or refund to a subscriber within forty-five (45) days after determining the subscriber's entitlement to a credit or refund. Otherwise, a cable operator shall grant the subscriber an additional credit equal to twenty percent (20%) of the amount owed. A cable operator shall issue additional payments of twenty percent (20%) of the amount owed for each additional thirty (30) day period that the credit or refund remains outstanding.

3107.7 A cable operator may impose a reasonable reconnection charge. A cable operator shall complete reconnections after a termination attributed to non-payment of bills within seven (7) business days after a cable operator has received full payment. In these instances only, a cable operator may require that a payment by check has cleared the subscriber's bank before the payment is deemed received by a cable operator.

3107.8 A cable operator may recover a fee for all checks returned due to insufficient funds. A charge for a returned check imposed by a cable operator shall not exceed the cable operator's actual cost of processing returned checks.

3107.9 A cable operator shall not charge a subscriber for service or equipment that the subscriber has not affirmatively requested. However, a cable operator may lawfully increase rates due to adding programming to an existing tier.

3107.10 A cable operator shall forward to OCT, on a monthly basis, a sample bill for the appropriate billing period.

3107.11 A bill shall not be due less than fifteen (15) days from the date the cable operator mails the bill to the subscriber.

3107.12 A cable operator shall not assess a late fee until at least twenty-five (25) days after the cable operator mails the bill to the subscriber, and the amount of any late fee imposed shall reasonably relate to a cable operator's reasonable and actual cost of collecting late subscriber payments, not otherwise recovered through other fees or rates.

3107.13 A subscriber who, in good faith, disputes all or part of a bill pursuant to the procedures set forth in subsections 3107.17-3107.20 shall have the option of withholding the disputed amount without imposition of a late fee, notification of collection agencies, or the termination of service until five (5) days after the dispute is resolved or such other applicable date as provided by applicable law, whichever is later, provided that the following occurs:

(a) The subscriber pays all undisputed charges;

(b) The subscriber provides timely notification of the dispute to the cable operator by the date due date of the applicable bill; and

3107.14 A cable operator may terminate a subscriber's service if the subscriber fails to pay his or her bill within thirty-six (36) days after the cable operator mails the applicable bill to the subscriber if the cable operator has provided appropriate notice to the subscriber, pursuant to subsection 3107.15. If a cable operator fails to comply with this provision, a cable operator shall grant a subscriber a credit equal to, at least, one-thirtieth (1/30) times the total bill for the preceding billing period for each day service remains terminated.

3107.15 A cable operator shall not terminate service to a subscriber for nonpayment unless a cable operator provides notice of the impending termination at least ten (10) days prior to the proposed termination. The notice of impending termination may be part of a billing statement.

3107.16 Every notice of termination of service shall include all of the following:

(a) The name and address of the subscriber whose account is delinquent;

(b) The current account balance and the amount in arrears;

(d) The date by which the payment shall be made; and

(e) The location of the customer service center(s) where the payment may be made and the telephone number to contact the cable operator.

3107.17 The billing dispute resolution procedure shall commence when a subscriber contacts a cable operator, whether in person, by telephone, by electronic means, or in writing, to address an alleged billing error. If a subscriber contacts OCT, OCT shall promptly notify the applicable cable operator that the dispute resolution procedure has commenced and shall refer the case to the cable operator for resolution. Once notified, a cable operator shall promptly contact the subscriber regarding the dispute.

3107.18 A cable operator shall promptly undertake whatever review is necessary to resolve the dispute, and shall provide a proposed determination no later than five (5) business days after receipt of notice.

3107.19 A cable operator may not impose a late charge with respect to a disputed amount if the matter is found in favor of the subscriber.

3107.20 If the subscriber states dissatisfaction with the cable operator's proposed determination, the cable operator shall notify the subscriber of the subscriber's right to file a complaint with OCT and shall provide OCT's contact information. Notwithstanding the foregoing, the subscriber is still obligated to pay the amount owed consistent with the cable operator's proposed determination pursuant to subsection 3107.18. If the subscriber fails to make payment in a timely manner, a cable operator may consider the account delinquent, but only as permitted by subsection 3107.14.

3107.21 A cable operator may refer a delinquent account to a collection agency after reasonable unsuccessful attempts to collect the account. The cable operator shall promptly notify the collection agency to discontinue further collection actions immediately after the subscriber pays the outstanding amount, in no case later than the next business day.

3107.22 A cable operator, a collection agency, or any other entity working on its behalf may not report a delinquent account to a credit bureau or a credit reporting agency unless such account involves unreturned equipment valued at one hundred fifty dollars ($150) or more and not secured by a deposit. If a cable operator violates this provision, the cable operator shall notify the credit reporting agency that the referral was wrongly made and that the erroneous referral should not adversely affect the subscriber's credit standing, shall send a copy of the notice to the affected subscriber and OCT, and shall provide a payment of at least five hundred dollars ($500.00) to the affected subscriber.

History

SOURCE: Final Rulemaking published at 49 DCR 6797 (July 19, 2002).

15 DCMR § 3108 APPOINTMENTS, INSTALLATION AND REPAIR

3108.1 Upon a request for a cable-related service that requires access to the subscriber's premises, a cable operator shall either offer a specific time or "appointment window" time block of not more than four (4) hours for the selection of the subscriber. The appointment window may be longer only if the subscriber consents. A cable operator may schedule appointments outside of normal business hours for the express convenience of the subscriber.

3108.2 A cable operator may not cancel an appointment after 5:00 p.m. on the day before a scheduled appointment, except for appointments scheduled within twelve (12) hours after the subscriber's call to establish the appointment. If a cable operator fails to comply with this provision, the cable operator shall grant to a subscriber a credit of at least $20.00 for each violation.

3108.3 For the purposes of this section 3108, normal business hours shall be at least ten hours per day on weekdays and at least eight (8) hours in the aggregate on the weekend.

3108.4 The cable operator shall ensure that its records and work orders accurately reflect the appointment windows given to subscribers.

3108.5 A cable operator shall inform a subscriber at the time an appointment is scheduled of its service procedures, required payments, foreseeable delays, and phone or field verification procedures, including those circumstances in which a cable operator may cancel the appointment.

3108.6 A cable operator shall complete standard installations during a single appointment to the subscriber's address. If a subsequent appointment is needed to complete an unusual installation, a cable operator shall inform the subscriber and shall schedule the appointment for the earliest mutually available time period.

3108.7 Within a reasonable time prior to an appointment period, a cable operator shall call the subscriber to confirm the appointment. If the subscriber does not answer the telephone call and the subscriber has an answering system, a cable operator shall leave a message.

3108.8 A cable operator shall not cancel or reschedule an appointment on the grounds that a subscriber is unavailable during the appointment window unless the cable operator has verified both over the phone and in person at the subscriber's address as described in this subsection that the subscriber or another authorized person is not available within the appointment window or at the specific appointment time. If a cable operator fails to comply with this provision or subsection, the cable operator shall grant a credit to the affected subscriber of at least twenty dollars ($20) for each violation. When a cable operator arrives at a subscriber's address for an appointment, the cable operator shall make a reasonable effort to verify that the subscriber or another authorized person is present at the address. The reasonable effort of the cable operator shall include, at a minimum, knocking on the door or using the doorbell to alert the subscriber. This subsection shall not preclude the operator from imposing a reasonable charge related to costs, if the subscriber is not present at the specified time or during the appointment window time block; provided, the charge shall not exceed twenty dollars ($20).

3108.9 If the subscriber is unavailable during the scheduled appointment time or window, a cable operator shall leave written notice, such as a door tag or similar notice, with the identity of the person leaving the notice, the appointment time, the time that the cable operator determined the subscriber was not present at the subscriber's address, and telephone number(s) both to contact the cable operator's dispatcher during the appointment window or to reschedule the appointment.

History

SOURCE: Final Rulemaking published at 49 DCR 6797 (July 19, 2002).

15 DCMR § 3109 INSTALLATION

3109.1 A cable operator shall complete a requested standard installation and installation of other additional services, including requests for additional outlets, service upgrades, or other connections (for example digital service or cable modem), within seven (7) days from the date a subscriber places the order, unless the subscriber requests a later date. A cable operator shall complete a requested installation in a multi-dwelling unit building not currently wired for residents to receive any service from the cable operator within thirty (30) days. Consistent with applicable law or franchise agreement, any installation to a multi-dwelling unit building that exceeds the time limits must be approved by OCT. If a cable operator does not perform a standard installation within the applicable time periods stated above, the cable operator shall waive all installation fees or associated charges.

3109.2 A cable operator shall complete a nonstandard installation within a period agreed upon by the cable operator and subscriber. A nonstandard installation, as defined by an applicable franchise agreement, shall include all installations for commercial accounts, subject to applicable law. If the subscriber requests a nonstandard installation, a cable operator shall provide the subscriber, in advance, with an estimate of total installation cost and an estimated date of completion.

3109.3 Before or upon installation, a cable operator shall provide a subscriber a copy of the service contract between the cable operator and subscriber, if any exists.

3109.4 To the extent reasonably possible, a cable operator shall observe and comply with a subscriber's preference as to the cable operator's point of entry into the subscriber's premises and a building owner's preference as to the point of entry into a building. The cable operator may impose a reasonable charge upon a subscriber who requests a custom construction procedure (for example, wall fishing). A cable operator shall make cable runs in building interiors as unobtrusive as possible.

3109.5 A person who requests the installation or activation of cable service or any other service from a cable operator shall have the right at no charge to rescind the request at any time prior to physical installation at the subscriber's premises or the commencement of service. However, the right of rescission shall expire once the person actually receives the requested service.

History

SOURCE: Final Rulemaking published at 49 DCR 6797 (July 19, 2002).

15 DCMR § 3110 INTERRUPTION OF SERVICE

3110.1 A cable operator shall exercise its best efforts to limit a scheduled interruption of cable service to the shortest period of time, to the greatest extent possible.

3110.2 Except in emergencies or for interruptions of five (5) minutes or less, a cable operator shall interrupt system service after 7:00 a.m. and before 12:00 Midnight, on a weekend night, or a night preceding a legal holiday, only after gaining the approval of OCT and notifying subscribers. A cable operator shall notify OCT of the scheduled service interruption at least seventy-two (72) hours in advance, which period shall include at least one business day. A cable operator shall provide notice to subscribers of the interruption at least forty-eight (48) hours in advance, unless OCT authorizes a shorter period.

3110.3 Except as provided in subsection 3110.2, a cable operator may interrupt service after 12:00 Midnight and before 7:00 a.m. for greater than five (5) minutes and to conduct routine tests, maintenance, construction, repair, and other purposes with prior notification to OCT and affected subscribers. The cable operator shall provide notice at least forty-eight (48) hours in advance of a scheduled service interruption, unless OCT authorizes a shorter period.

3110.4 A cable operator may provide notice to subscribers of a scheduled service outage through various means including electronic messages, advertisement spots on the system (for example, scrolling messages), or information on the cable operator's website.

3110.5 A cable operator shall maintain a written log of all service interruptions.

History

SOURCE: Final Rulemaking published at 49 DCR 6797 (July 19, 2002).

15 DCMR § 3111 REPAIR; OUTAGE AND RECEPTION PROBLEMS

3111.1 A cable operator shall have technicians on call twenty-four (24) hours per day, seven (7) days per week, including legal holidays, to address and repair system outages and other service problems.

3111.2 A cable operator shall maintain sufficient repair and maintenance capacity so as to be able to correct outages and repair service problems within the time periods identified by this subsection.

3111.3 A cable operator shall correct a system outage (loss of reception on all channels affecting five (5) or more subscribers) within four (4) hours after a cable operator receives the fifth (5th) subscriber's call regarding the outage, except as provided in subsection 3111.8. If a cable operator fails to comply with this provision, the cable operator shall grant each affected subscriber, upon request, a credit equal to, at least, one (1) day worth of the monthly charge for any affected service or service tier for any period exceeding four (4) hours in which the outage continues during any twenty-four (24) hour period, and automatically, without request from subscribers, for any period exceeding twelve (12) hours that the outage continues during any twenty-four (24) hour period.

3111.4 A cable operator shall correct a service interruption (the loss of picture or sound on one or more channels affecting less than five (5) subscribers) within twenty-four (24) hours, except as provided in subsection 3111.8. If a cable operator fails to comply with this provision, the cable operator shall grant each affected subscriber a credit equal to, at least, one (1) day worth of the monthly charge for any affected service or service tier for each subsequent day on which the service interruption continues.

3111.5 If a system outage or service interruption materially affects a pay-per-view or special event for any period of time, a cable operator shall grant the affected subscribers a credit equal to the full value of the service.

3111.6 A reception problem (reception that an affected subscriber reasonably determines is unsatisfactory, unless a cable operator demonstrates that the signals transmitted to the subscriber are in compliance with applicable performance standards regarding video or audio signal quality) or other service problem of either picture or sound quality shall be repaired within forty-eight (48) hours after a cable operator receives a request for repair service. If a cable operator fails to comply with this provision, the cable operator shall grant affected subscribers a credit equal to, at least, one (1) day worth of the monthly charge for any affected service or service tier for each subsequent day on which the reception problem continues.

3111.7 A cable operator shall initiate investigative action in response to a service call regarding a problem other than a system outage or a service interruption not later than the next day after notification unless the subscriber requests an appointment at a later date.

3111.8 A cable operator shall correct a system outage or service interruption due to a cause beyond the control of a cable operator within forty-eight (48) hours after the condition has ceased.

3111.9 OCT shall excuse a cable operator's failure to correct a system outage or service interruption or to a make repair within the stated time periods if OCT reasonably agrees with a cable operator that correcting the outage or making the repair was not reasonably possible within the permitted time period.

3111.10 A complaint shall be considered resolved when signals received by the subscriber have been brought into compliance with applicable federal standards.

3111.11 A repair or corrective action that the cable operator knows does not require a cable operator to enter a subscriber's premises shall not require a subscriber to make an appointment, shall not require the subscriber to be available on-site, and shall not be delayed on account of a cable operator's inability to contact the subscriber. A cable operator shall complete the repair or corrective action within the time limits specified in this section.

3111.12 A cable operator shall take timely measures to post an appropriate message, including identifiable locations, geographic areas or neighborhoods affected, on its telephone system to notify subscribers of system outages. The message shall also provide instructions for subscribers whose converters or navigation devices may not be functioning as a result of the system outage.

3111.13 A cable operator shall not charge a subscriber for a service call to his or her address to perform repair or maintenance work, if the cause of the work is the cable operator's fault.

3111.14 For the purpose of automatic credits addressed in this section 3111, a cable operator shall apply credits to accounts of all subscribers within an identifiable location or geographical area.

History

SOURCE: Final Rulemaking published at 49 DCR 6797 (July 19, 2002).

15 DCMR § 3112 SUBSCRIBER COMPLAINTS

3112.1 A cable operator shall work diligently to resolve subscriber complaints and shall cooperate with OCT's customer service efforts.

3112.2 A cable operator shall establish clear, written procedures for addressing complaints, whether the complaints are made orally, in person, by telephone, by electronic means, or in writing.

3112.3 A cable operator shall make the complaint resolution procedures available at no charge to subscribers upon request. A cable operator shall post the complaint resolution procedures at its customer service centers and on its website.

3112.4 A cable operator shall file a copy of its complaint resolution procedures with OCT.

3112.5 The cable operator's customer service representatives shall have the authority to take appropriate measures to resolve subscriber complaints including, but not limited to, providing credits for system outages, service interruptions or other customer service violations; waiving fees; scheduling service appointments; and changing billing cycles.

3112.6 Upon subscriber request, a cable operator shall refer customer inquiries or complaints to an appropriate supervisor who shall either address the subscriber's concerns during such call or shall at least contact the subscriber within twenty-four (24) hours after the referral.

3112.7 A cable operator shall promptly notify a person from whom the cable operator receives a complaint, of its proposed resolution of the complaint. The cable operator shall resolve a complaint whether received orally, in person, by telephone, by electronic means, or in writing, as soon as practicable and in no event later than ten (10) business days after the cable operator receives it, except as provided by subsections 3107.20 or 3116.2.

3112.8 If the subscriber states dissatisfaction with the cable operator's proposed resolution, the cable operator shall notify the subscriber of the subscriber's right to file a complaint with OCT and shall provide OCT's contact information.

3112.9 A cable operator shall assist OCT in its investigation of a subscriber's complaint by providing any documents, materials, statements of fact, or other types of information reasonably requested by OCT consistent with applicable law or the applicable franchise agreement.

3112.10 If a subscriber contacts OCT directly to submit a complaint concerning a cable operator, OCT shall forward the complaint to the cable operator. Once notified, a cable operator shall promptly contact the subscriber regarding the complaint. A cable operator shall update OCT, upon request, regarding the status of complaints made directly to OCT.

History

SOURCE: Final Rulemaking published at 49 DCR 6797 (July 19, 2002).

15 DCMR § 3113 DISCONNECTION AND TERMINATION OF SERVICE

3113.1 A subscriber may at any time request a disconnection of service. A cable operator shall disconnect service at no charge to the subscriber, except that the subscriber may be obligated to pay an outstanding account balance.

3113.2 For billing purposes only, a cable operator shall consider a disconnection to be effective no later than the next business day after a cable operator receives the subscriber's request to discontinue service or at a date specified by the subscriber for the disconnection of services, whichever is later. However, the cable operator may impose appropriate charges or penalties if a subscriber fails to return equipment in a timely manner consistent with subsection 3103.5.

3113.3 At the time of disconnection, if the subscriber disconnects service before the end of a period for prepaid services, a cable operator shall refund a pro rata portion of any prepaid fees, based upon the applicable billing period.

3113.4 A cable operator shall complete all disconnections requested by subscribers within ten (10) days of the subscriber's request, unless the subscriber requests a later date for disconnection.

3113.5 Subscribers shall have the right to return equipment to a cable operator during disconnection appointments.

3113.6 A cable operator may only charge a subscriber for the downgrade of a service to the extent permitted by federal law.

3113.7 When a cable operator initiates an involuntary termination at a subscriber's residence for non-payment, the cable operator shall attempt to reach the subscriber on-site regarding the pending termination prior to the termination of service.

3113.8 If a subscriber pays an outstanding account balance to a representative of the cable operator at the time the representative arrives at the subscriber's address to terminate service, the cable operator shall not terminate the subscriber's services. A cable operator may charge the subscriber a reasonable collection fee, provided that the fee is listed on a cable operator's list of rates pursuant to subsection 3102.1.

3113.9 If a cable operator terminates service for non-payment at the subscriber's.address when the subscriber is not present, a cable operator shall provide written notice at the time service is terminated that shall provide the following:

(a) Inform the subscriber that service has been terminated;

(b) Describe the outstanding amount of the account as of the termination date and applicable reconnection charges; and

3113.10 In cases of remote terminations, a cable operator shall promptly notify the terminated subscriber in writing with the information listed in subsection 3113.8 either by mail or other means.

3113.11 A cable operator shall not terminate cable service without good cause. If a cable operator terminates service without good cause, it shall promptly restore service without charge.

3113.12 A cable operator may immediately terminate a subscriber without prior notice if a subscriber has damaged, destroyed, or unlawfully tampered with the cable operator's cable system; a subscriber receives unauthorized service from a cable operator; or where a cable operator detects signal leakage that is originating from the subscriber's address in excess of federal limits, provided that the cable operator has first attempted to repair the leakage without terminating service.

3113.13 In cases of signal leakage, a cable operator may temporarily disconnect service while it corrects the signal leakage problem. The cable operator shall immediately notify the subscriber of the termination and leakage problem. Once the problem is corrected, a cable operator shall immediately reconnect the subscriber without charge.

3113.14 If a subscriber voluntarily disconnects service and a cable operator intends to remove its home wiring from the subscriber's premises, the cable operator shall remove the wiring in accordance with the procedures specified in federal regulations 47 C.F.R. §76.802, as amended from time to time. In other cases, where a cable operator elects to remove its home wiring from the subscriber's premises, a cable operator shall do so within seven (7) business days of disconnecting the subscriber's service, unless applicable law provides otherwise.

History

SOURCE: Final Rulemaking published at 49 DCR 6797 (July 19, 2002).

15 DCMR § 3114 SPANISH-SPEAKING CUSTOMERS

3114.1 A cable operator shall use its best efforts to make all customer services and obligations required pursuant to this chapter 31 available in both English and Spanish. Customer service centers of a cable operator shall be equipped to provide bilingual (English and Spanish) service whether in-person or via telephone calls. The cable operator's staff shall include customer service representatives who can communicate with Spanish-speaking subscribers regarding all issues including, but not limited to, installation services, outages, billing questions, and other inquiries.

3114.2 A cable operator shall maintain at least one customer service representative per shift who is capable of speaking Spanish during hours when the cable operator's customer service representatives answer calls consistent with subsection 3106.2.

3114.3 A cable operator shall place on billing statements, a telephone number for communication with Spanish-speaking customer service representatives.

History

SOURCE: Final Rulemaking published at 49 DCR 6797 (July 19, 2002).

15 DCMR § 3115 REPORTS

3115.1 Consistent with a cable operator's applicable franchise agreement and applicable law, a cable operator shall provide a monthly report to OCT to measure the performance of the cable operator under this chapter 31. The report shall cover the following areas: telephone service standards of subsection 3106.7, installation standards of subsection 3109.1, outage standards of subsection 3111.3, and repair standards of subsection 3111.4 and 3111.6.

3115.2 A monthly report that measures a cable operator's performance with respect to the telephone service standards shall include the following information: total calls received; total calls answered; the percentage of calls answered within thirty (30) seconds; the average time to answer calls; total calls abandoned; percentage of calls abandoned; total calls for which a busy signal is received; and percentage of calls for which a busy signal is received.

3115.3 A monthly report that measures a cable operator's performance with respect to the installation standards shall include the following information: number of total standard installations performed; number of standard installations performed in seven (7) days; and percentage of standard installations performed in seven (7) days.

3115.4 A monthly report that measures a cable operator's performance with respect to the outage standards shall include the following information: total number of system outages; total number of planned interruptions; average duration of unplanned system outages; total number of other outages; and percentage of other outages repaired within twenty-four (24) hours of notification.

3115.5 A monthly report that measures a cable operator's performance with respect to reception problems and repair standards shall include the following information: total number of reception problems and repairs, and percentage of reception problems and repairs completed within forty-eight (48) hours.

3115.6 The monthly report shall be submitted in written or electronic form to OCT by the fifteenth (15th) day following the end of each calendar month. OCT may waive the timely submission of the report, as it deems appropriate.

3115.7 OCT may, upon reasonable prior notice, require a cable operator to submit additional reports, records, or documentation to verify compliance with this chapter 31 or a cable operator's applicable franchise agreement.

3115.8 A cable operator shall keep the records as are necessary to show compliance with this chapter; provided, a cable operator shall not be required under this section to keep records for longer than three (3) years.

History

SOURCE: Final Rulemaking published at 49 DCR 6797 (July 19, 2002).

15 DCMR § 3116 TREATMENT OF PROPERTY

3116.1 If a cable operator activity causes damage to private property, the cable operator shall reimburse the property owner for the cost of the damage or shall replace the damaged property.

3116.2 Consistent with the applicable franchise agreement, a cable operator shall use due care in the process of construction and installation of facilities and shall restore any damaged property of a subscriber or property owner to its prior condition. A cable operator shall undertake the restoration as soon as possible after the damage has occurred, shall complete restoration within no more than thirty (30) days, and shall be subject to the reasonable approval of the subscriber or property owner, as applicable.

3116.3 A cable operator's personnel shall clean all areas surrounding a work site and ensure that all cable materials have been disposed of properly.

History

SOURCE: Final Rulemaking published at 49 DCR 6797 (July 19, 2002).

15 DCMR § 3117 CREDITS

3117.1 If a credit to a subscriber is required pursuant to this chapter 31 or an applicable franchise agreement, the cable operator shall provide the credit to the affected subscriber's account within thirty (30) days after the determination that the subscriber is entitled to a credit. In the case of a subscriber who has disconnected his or her account and no account balance exists, a cable operator shall issue payment equal to the credit to which the person would otherwise be entitled within thirty (30) days after the determination that the person is entitled to the credit. In the case of a subscriber who has disconnected his or her account and an account balance exists, to the extent that a credit exceeds the outstanding balance, the cable operator shall pay the difference to the subscriber within thirty (30) days after the determination that the person is entitled to the credit. In the case of disconnections, a cable operator may condition the issuance of credits upon the timely return of the cable operator's equipment.

History

SOURCE: Final Rulemaking published at 49 DCR 6797 (July 19, 2002).

15 DCMR § 3118 NO DISCRIMINATION

3118.1 Except to the extent otherwise permitted by applicable law (and after receiving the District's approval, to the extent the District is exercising such authority pursuant to applicable law), a cable operator shall not discriminate among subscribers with respect to fees, charges, deposits and other terms and conditions affecting any service, or any equipment, installation or any other activity subject to regulation under Section 623 of the Cable Act (47 U.S.C. § 543)(or any successor thereto) and the rules and regulations issued in connection therewith. All such fees, charges, deposits and other terms and conditions must be applied fairly and uniformly to all subscribers in the cable operator's franchise area.

3118.2 Nothing contained in subsection 3118.1 shall prohibit a cable operator from offering, to the extent permitted by applicable law:

(a) Discounts to senior citizens or economically disadvantaged groups;

(b) Different charges for residential subscribers than for non-residential subscribers;

(c) Sales promotions and other discounts or reduced charges for a reasonable period of time, which are offered to all residential subscribers or all non-residential subscribers, as the case may be, for the same length of time although the start date of such promotions, discounts or reduced charges may be staggered such that the offer may begin for the last subscriber to whom they are offered up to six (6) months after the start date for the first subscriber to whom they are offered;

(d) Sales promotions and other discounts or reduced charges, which are offered to a class of subscribers to whom one (1) of the cable operator's competitors has offered similar promotions, discounts or reduced charges, but only for the same period of time as the competitor's offering;

(e) Sales promotions and other discounts or reduced charges, which are offered to a discrete class of subscribers and which may affect the fees, charges, deposits and other terms and conditions for such subscribers for a period not to exceed eight (8) months, provided that the Company may apply to OCT for a waiver of such maximum period;

(f) Bulk rates; or

(g) Other special, short-term discounts or reduced charges to identifiable classes of subscribers or potential subscribers for reasonable categories of service.

History

SOURCE: Final Rulemaking published at 49 DCR 6797 (July 19, 2002).

15 DCMR § 3119 RESERVED

History

SOURCE: Final Rulemaking published at 49 DCR 6797 (July 19, 2002).

15 DCMR § 3120 RESERVED

History

SOURCE: Final Rulemaking published at 49 DCR 6797 (July 19, 2002).

15 DCMR § 3121 RESERVED

History

SOURCE: Final Rulemaking published at 49 DCR 6797 (July 19, 2002).

15 DCMR § 3122 RESERVED

History

SOURCE: Final Rulemaking published at 49 DCR 6797 (July 19, 2002).

15 DCMR § 3123 RESERVED

History

SOURCE: Final Rulemaking published at 49 DCR 6797 (July 19, 2002).

15 DCMR § 3124 RESERVED

History

SOURCE: Final Rulemaking published at 49 DCR 6797 (July 19, 2002).

15 DCMR § 3125 RESERVED

History

SOURCE: Final Rulemaking published at 49 DCR 6797 (July 19, 2002).

15 DCMR § 3126 RESERVED

History

SOURCE: Final Rulemaking published at 49 DCR 6797 (July 19, 2002).

15 DCMR § 3127 RESERVED

History

SOURCE: Final Rulemaking published at 49 DCR 6797 (July 19, 2002).

15 DCMR § 3128 RESERVED

History

SOURCE: Final Rulemaking published at 49 DCR 6797 (July 19, 2002).

15 DCMR § 3129 RESERVED

History

SOURCE: Final Rulemaking published at 49 DCR 6797 (July 19, 2002).

15 DCMR § 3130 RESERVED

History

SOURCE: Final Rulemaking published at 49 DCR 6797 (July 19, 2002).

15 DCMR § 3131 RESERVED

History

SOURCE: Final Rulemaking published at 49 DCR 6797 (July 19, 2002).

15 DCMR § 3132 RESERVED

History

SOURCE: Final Rulemaking published at 49 DCR 6797 (July 19, 2002).

15 DCMR § 3133 RESERVED

History

SOURCE: Final Rulemaking published at 49 DCR 6797 (July 19, 2002).

15 DCMR § 3134 RESERVED

History

SOURCE: Final Rulemaking published at 49 DCR 6797 (July 19, 2002).

15 DCMR § 3135 RESERVED

History

SOURCE: Final Rulemaking published at 49 DCR 6797 (July 19, 2002).

15 DCMR § 3136 RESERVED

History

SOURCE: Final Rulemaking published at 49 DCR 6797 (July 19, 2002).

15 DCMR § 3137 RESERVED

History

SOURCE: Final Rulemaking published at 49 DCR 6797 (July 19, 2002).

15 DCMR § 3138 RESERVED

History

SOURCE: Final Rulemaking published at 49 DCR 6797 (July 19, 2002).

15 DCMR § 3139 RESERVED

History

SOURCE: Final Rulemaking published at 49 DCR 6797 (July 19, 2002).

15 DCMR § 3140 RESERVED

History

SOURCE: Final Rulemaking published at 49 DCR 6797 (July 19, 2002).

15 DCMR § 3141 RESERVED

History

SOURCE: Final Rulemaking published at 49 DCR 6797 (July 19, 2002).

15 DCMR § 3142 RESERVED

History

SOURCE: Final Rulemaking published at 49 DCR 6797 (July 19, 2002).

15 DCMR § 3143 RESERVED

History

SOURCE: Final Rulemaking published at 49 DCR 6797 (July 19, 2002).

15 DCMR § 3144 RESERVED

History

SOURCE: Final Rulemaking published at 49 DCR 6797 (July 19, 2002).

15 DCMR § 3145 RESERVED

History

SOURCE: Final Rulemaking published at 49 DCR 6797 (July 19, 2002).

15 DCMR § 3146 RESERVED

History

SOURCE: Final Rulemaking published at 49 DCR 6797 (July 19, 2002).

15 DCMR § 3147 RESERVED

History

SOURCE: Final Rulemaking published at 49 DCR 6797 (July 19, 2002).

15 DCMR § 3148 RESERVED

History

SOURCE: Final Rulemaking published at 49 DCR 6797 (July 19, 2002).

15 DCMR § 3149 RESERVED

History

SOURCE: Final Rulemaking published at 49 DCR 6797 (July 19, 2002).

15 DCMR § 3150 RESERVED

History

SOURCE: Final Rulemaking published at 49 DCR 6797 (July 19, 2002).

15 DCMR § 3151 RESERVED

History

SOURCE: Final Rulemaking published at 49 DCR 6797 (July 19, 2002).

15 DCMR § 3152 RESERVED

History

SOURCE: Final Rulemaking published at 49 DCR 6797 (July 19, 2002).

15 DCMR § 3153 RESERVED

History

SOURCE: Final Rulemaking published at 49 DCR 6797 (July 19, 2002).

15 DCMR § 3154 RESERVED

History

SOURCE: Final Rulemaking published at 49 DCR 6797 (July 19, 2002).

15 DCMR § 3155 RESERVED

History

SOURCE: Final Rulemaking published at 49 DCR 6797 (July 19, 2002).

15 DCMR § 3156 RESERVED

History

SOURCE: Final Rulemaking published at 49 DCR 6797 (July 19, 2002).

15 DCMR § 3157 RESERVED

History

SOURCE: Final Rulemaking published at 49 DCR 6797 (July 19, 2002).

15 DCMR § 3158 RESERVED

History

SOURCE: Final Rulemaking published at 49 DCR 6797 (July 19, 2002).

15 DCMR § 3159 RESERVED

History

SOURCE: Final Rulemaking published at 49 DCR 6797 (July 19, 2002).

15 DCMR § 3160 RESERVED

History

SOURCE: Final Rulemaking published at 49 DCR 6797 (July 19, 2002).

15 DCMR § 3161 RESERVED

History

SOURCE: Final Rulemaking published at 49 DCR 6797 (July 19, 2002).

15 DCMR § 3162 RESERVED

History

SOURCE: Final Rulemaking published at 49 DCR 6797 (July 19, 2002).

15 DCMR § 3163 RESERVED

History

SOURCE: Final Rulemaking published at 49 DCR 6797 (July 19, 2002).

15 DCMR § 3164 RESERVED

History

SOURCE: Final Rulemaking published at 49 DCR 6797 (July 19, 2002).

15 DCMR § 3165 RESERVED

History

SOURCE: Final Rulemaking published at 49 DCR 6797 (July 19, 2002).

15 DCMR § 3166 RESERVED

History

SOURCE: Final Rulemaking published at 49 DCR 6797 (July 19, 2002).

15 DCMR § 3167 RESERVED

History

SOURCE: Final Rulemaking published at 49 DCR 6797 (July 19, 2002).

15 DCMR § 3168 RESERVED

History

SOURCE: Final Rulemaking published at 49 DCR 6797 (July 19, 2002).

15 DCMR § 3169 RESERVED

History

SOURCE: Final Rulemaking published at 49 DCR 6797 (July 19, 2002).

15 DCMR § 3170 RESERVED

History

SOURCE: Final Rulemaking published at 49 DCR 6797 (July 19, 2002).

15 DCMR § 3171 RESERVED

History

SOURCE: Final Rulemaking published at 49 DCR 6797 (July 19, 2002).

15 DCMR § 3172 RESERVED

History

SOURCE: Final Rulemaking published at 49 DCR 6797 (July 19, 2002).

15 DCMR § 3173 RESERVED

History

SOURCE: Final Rulemaking published at 49 DCR 6797 (July 19, 2002).

15 DCMR § 3174 RESERVED

History

SOURCE: Final Rulemaking published at 49 DCR 6797 (July 19, 2002).

15 DCMR § 3175 RESERVED

History

SOURCE: Final Rulemaking published at 49 DCR 6797 (July 19, 2002).

15 DCMR § 3176 RESERVED

History

SOURCE: Final Rulemaking published at 49 DCR 6797 (July 19, 2002).

15 DCMR § 3177 RESERVED

History

SOURCE: Final Rulemaking published at 49 DCR 6797 (July 19, 2002).

15 DCMR § 3178 RESERVED

History

SOURCE: Final Rulemaking published at 49 DCR 6797 (July 19, 2002).

15 DCMR § 3179 RESERVED

History

SOURCE: Final Rulemaking published at 49 DCR 6797 (July 19, 2002).

15 DCMR § 3180 RESERVED

History

SOURCE: Final Rulemaking published at 49 DCR 6797 (July 19, 2002).

15 DCMR § 3181 RESERVED

History

SOURCE: Final Rulemaking published at 49 DCR 6797 (July 19, 2002).

15 DCMR § 3182 RESERVED

History

SOURCE: Final Rulemaking published at 49 DCR 6797 (July 19, 2002).

15 DCMR § 3183 RESERVED

History

SOURCE: Final Rulemaking published at 49 DCR 6797 (July 19, 2002).

15 DCMR § 3184 RESERVED

History

SOURCE: Final Rulemaking published at 49 DCR 6797 (July 19, 2002).

15 DCMR § 3185 RESERVED

History

SOURCE: Final Rulemaking published at 49 DCR 6797 (July 19, 2002).

15 DCMR § 3186 RESERVED

History

SOURCE: Final Rulemaking published at 49 DCR 6797 (July 19, 2002).

15 DCMR § 3187 RESERVED

History

SOURCE: Final Rulemaking published at 49 DCR 6797 (July 19, 2002).

15 DCMR § 3188 RESERVED

History

SOURCE: Final Rulemaking published at 49 DCR 6797 (July 19, 2002).

15 DCMR § 3189 RESERVED

History

SOURCE: Final Rulemaking published at 49 DCR 6797 (July 19, 2002).

15 DCMR § 3190 RESERVED

History

SOURCE: Final Rulemaking published at 49 DCR 6797 (July 19, 2002).

15 DCMR § 3191 RESERVED

History

SOURCE: Final Rulemaking published at 49 DCR 6797 (July 19, 2002).

15 DCMR § 3192 RESERVED

History

SOURCE: Final Rulemaking published at 49 DCR 6797 (July 19, 2002).

15 DCMR § 3193 RESERVED

History

SOURCE: Final Rulemaking published at 49 DCR 6797 (July 19, 2002).

15 DCMR § 3194 RESERVED

History

SOURCE: Final Rulemaking published at 49 DCR 6797 (July 19, 2002).

15 DCMR § 3195 RESERVED

History

SOURCE: Final Rulemaking published at 49 DCR 6797 (July 19, 2002).

15 DCMR § 3196 RESERVED

History

SOURCE: Final Rulemaking published at 49 DCR 6797 (July 19, 2002).

15 DCMR § 3197 RESERVED

History

SOURCE: Final Rulemaking published at 49 DCR 6797 (July 19, 2002).

15 DCMR § 3198 MISCELLANEOUS REQUIREMENTS

3198.1 Each cable operator employee or subcontractor who comes into contact with subscribers at subscriber premises shall wear and prominently display a picture identification card that clearly indicates his or her name and employment with the cable operator or subcontractor and shall, upon request, show the identification card.

3198.2 A cable operator shall clearly identify all of its vehicles as being associated with the cable operator. A cable operator's contractor shall label all of its vehicles with the name of the contractor and identify such vehicles as contracting for the cable operator.

3198.3 In connection with a transaction between a cable operator and a subscriber that involves a visit to a subscriber's address, a cable operator shall provide the subscriber a written receipt describing the transaction and the date and time thereof.

3198.4 In the event a cable operator makes a change in staffing, equipment, or resources (for example, a decrease in its service workforce) that materially affects its ability to fulfill the requirements of this chapter 31, a cable operator shall promptly provide a written report to OCT explaining the change(s) and the justification therefore.

History

SOURCE: Final Rulemaking published at 49 DCR 6797 (July 19, 2002).

15 DCMR § 3199 DEFINITIONS

When used in this chapter, the terms and phrases defined in this section shall have the meaning ascribed:

Cable Operator - any person or group (A) who provides cable service over a cable system and directly or through one or more affiliates owns a significant interest in such cable system, or (B) who otherwise controls or is responsible for, through any arrangement, the management or operation of such a cable system.

Customer Service Representative - a person employed or contracted by a cable operator to assist, or provide service to, subscribers, whether by answering telephone calls, managing repair or installation orders, answering subscribers' questions, receiving and processing payments, or performing other customer service-related tasks.

OCT - District of Columbia Government Office of Cable Television.

Standard Installation - any installation to a residence from the cable operator's existing network that does not exceed two hundred fifty (250) feet or as defined by an applicable franchise agreement.

Subscriber - a person who lawfully receives or requests to receive cable service of any sort from a cable operator. The term shall have the same meaning as the term "customer".

Unusual Circumstance - a special occasion when the cable operator voluntarily suspends its normal operations, such as a staff meeting. The term does not include suspensions of operations caused by emergency circumstances outside of the control of the cable operator, such as a natural disaster or any identified force majeure.

Website - an Internet website dedicated to local subscribers of a District of Columbia cable operator. The website may be a part of a cable operator's larger website.

History

SOURCE: Final Rulemaking published at 49 DCR 6797 (July 19, 2002).

15-32 PARTICIPATION OF INTERESTED PARTIES IN RATE REGULATION

15 DCMR § 3200 PURPOSE

3200.1 This chapter shall provide the procedure by which interested parties may participate in the regulation by the Office of rates for basic cable service, installation and related equipment, offered by franchised cable operators in the District of Columbia, and in compliance with regulations adopted by the Federal Communications Commission.

History

AUTHORITY: Unless otherwise noted, the authority for this chapter is §2 of the Cable Television Communications Act of 1981 Amendment Act of 1994, D.C. Law 10-101, 41 DCR 1000 (March 4, 1994).
SOURCE: Final Rulemaking published at 41 DCR 1072, 1073 (March 4, 1994).

15 DCMR § 3201 COMMENTS DURING INITIAL REVIEW PERIOD

3201.1 At the time of filing with the Office of a rate increase request or notification of current rates for the basic service tier, installation and associated equipment, the cable operator shall transmit, for public review, a summary of these rates, to the Martin Luther King Library, the main library of the District of Columbia Library system, with a notice that interested persons shall submit written comments to the Office, by a date certain within fifteen (15) days of the cable operator's submittal to the Office, at the appropriate address.

3201.2 At the time a cable operator submit its existing rates or proposed rate increases for the basic service tier, installation and associated equipment, it shall cablecast a summary of these rates on its public information channel, at least twice daily at such times reasonably expected to reach the largest audience, over a three (3) day period, along with a notice that interested parties shall submit written comments by a date certain (within fifteen (15) days of the cable operator's submittal to the Office), at the appropriate address.

3201.3 Upon receipt of the cable operator's submission for review of its existing rates or proposed rate increases for the basic service tier, installation and associated equipment, the Office shall cablecast a summary of these rates on the channels allocated to the District of Columbia government, at least twice daily at times reasonably expected to reach the largest audience over a three (3) day period, along with a notice that interested parties shall submit written comments to the Office by a date certain (within fifteen (15) days of the cable operator's submittal to the Office), at the appropriate address.

History

SOURCE: Final Rulemaking published at 41 DCR 1072, 1073 (March 4, 1994).

15 DCMR § 3202 COMMENTS DURING EXTENDED REVIEW PERIOD

3202.1 In connection with its review of the cable operator's rate filing, and after review of the comments received from interested parties, the Office shall determine whether to request additional comments from interested parties.

3202.2 If the Office determines that it shall avail itself of an additional ninety (90) days in cases not involving cost-of-service showings, or an additional one hundred fifty (150) days in cases involving cost-of-service showings to complete its review of the cable operator's rate filing pursuant to the Commission's rules, it shall seek additional comments from interested parties by scheduling a public hearing or requesting additional written comments within sixty (60) days of the cable operator's submittal to the Office.

3202.3 Notice of any hearing or request for additional comments shall be published in the D.C. Register and cablecasted over the cable channels allocated to the District of Columbia government.

History

SOURCE: Final Rulemaking published at 41 DCR 1072, 1974 (March 4, 1994).

15 DCMR § 3299 DEFINITIONS

3299.1 When used in this chapter, the terms and phrases shall have the meaning ascribed:

Basic Service - the basic service tier shall, at a minimum, include all signals of domestic television broadcast stations provided to any subscriber (except a signal secondarily transmitted by satellite carrier beyond the local service area of the station, regardless of how the signal is ultimately received by the cable system) and any public, educational, and governmental programming unless the franchise requires that the programming be carried on another tier, and any additional video programming signals or service added to the basic tier by the cable operator.

Office - the Office of Cable Television.

History

SOURCE: Final Rulemaking published at 41 DCR 1072, 1074 (March 4, 1994).

15-33 ALLOCATION OF PUBLIC, EDUCATIONAL, AND GOVERNMENT (PEG) CABLE TELEVISION CHANNELS

15 DCMR § 3300 INTENT AND POLICY

3300.1 Pursuant to section 803 of the Cable Television Reform Amendment Act of 2002, effective October 9, 2002 (D.C. Law 14-193; to be codified at D.C. Official Code § 34-1258.03 et seq.), this chapter establishes the rules for the allocation of public, educational, and government (PEG) cable television channels, whether analog, digital, or other type, provided by a cable television system operator or an open video system operator in the fulfillment of its obligations under a franchise agreement or any other agreement.

3300.2 It is the intent of the Office of Cable Television (OCT) to insure that all PEG channels be effectively used by the District, through qualified entities, to serve the residents of the District and provide them with valuable information as well as provide a forum for public expression and debate of public issues through the medium of cable television.

3300.3 The failure of OCT or any entity to comply with these rules shall in no circumstances release, or be construed as releasing, a cable television system operator or an open video system operator from its obligations, including its obligation to transmit PEG channels, under its franchise agreement or any other agreement with the District

History

AUTHORITY: D.C. Official Code §§ 34-1258.03 et seq.
SOURCE: Final Rulemaking published at 50 DCR 7543 (September 5, 2003).

15 DCMR § 3301 ALLOCATION OF CHANNELS

3301.1 Subject to the restriction provided in subsection 3301.5, OCT may allocate channels to any entity, which may include the following:

(a) The Mayor;

(b) The Council;

(d) The University of the District of Columbia;

(e) District of Columbia Public Schools; and

(f) Other governmental agencies or institutions, nonprofit organizations, and educational institutions.

3301.2 In carrying out these objectives, OCT shall ensure that at all times:

(a) At least two (2) channels on the lowest service tier of cable television channels provided by the District's cable television system operators or open video system operators is allocated to the Mayor for use as a government channel;

(b) At least two (2) channels on the lowest service tier of cable television channels provided by the District's cable television system operators or open video system operators is allocated to the Council for use as a government channel;

(c) At least one (1) channel on the lowest service tier of cable television channels provided by the District's cable television system operators or open video system operators is allocated to the University of the District of Columbia (UDC) for use as an educational channel;

(d) At least one (1) channel on the lowest service tier of cable television channels provided by the District's cable television system operators or open video system operators is allocated to the District of Columbia Public Schools (DCPS) for use as an educational channel; and

(e) At least three (3) channels on the lowest service tier a of cable television channels provided by the District's cable television system operators or open video system operators are allocated to the Public Access Corporation (PAC) for use as public channels.

3301.3 The remaining channels after the minimum allocations as provided in subsection 3301.2 shall be allocated by OCT pursuant to these rules.

3301.4 The discretionary allocation provision in subsection 3301.3 and the application procedure in section 3302 shall not apply to additional channels requested by the Mayor or the Council for their use. Such additional channels shall be allocated by OCT upon request of the Mayor or the Council, subject to availability.

3301.5 Allocation of channels on the lowest service tier shall be subject to the approval of the Council, except that Council's approval shall not be required for allocations made to the Mayor or the Council for their use. Allocation of additional channels shall not be subject to the approval of the Council.

History

SOURCE: Final Rulemaking published at 50 DCR 7543 (September 5, 2003).

15 DCMR § 3302 APPLICATION PROCEDURE

3302.1 Whenever a channel becomes available on the system of any District cable or open video system operator, OCT shall publish a notice in the District of Columbia Register. The notice shall state the closing date for the submission of an application. Such closing date shall not be sooner than 30 days after the publication of the notice. The notice may state any other applicable application criteria and required information.

3302.2 Applications for channels must be submitted in writing to the Executive Director of OCT by the due date specified in the published notice.

3302.3 Applications for a channel shall contain the following minimum information:

(a) Name and address of the applicant;

(b) Contact person(s) and title(s);

(d) Summary of the applicant's organizational history, current and/or planned organizational chart and mission statement as well as the applicant's current programs, activities, and accomplishments;

(e) A detailed statement demonstrating the need for the channel;

(f) Detailed proposal of the applicant's projected use of the channel, including programming proposals, show formats, and core issues and subjects to be featured;

(g) Description of how the channel will serve the applicant's overall goals;

(h) Detailed demonstration of the applicant's financial ability to operate a cable channel, including a proposed budget for operation of the channel and source of funding and how the applicant plans to support the channel continuously;

(i) Description of the applicant's technical ability to operate a cable television channel, including a description of the current and proposed operating equipment and resources and a description of the qualifications and responsibilities of the staff and volunteers who will be working with the channel; and

(j) Description of the current or proposed facility for the operation of the channel.

3302.4 OCT shall review each application, confirm the need stated by each applicant, and determine whether each applicant has the ability to operate a channel and satisfy such stated need. In making this determination, OCT may conduct technical inspections and tests of the applicant's facility and equipment and may request additional information.

3302.5 OCT may elect to hold a public hearing and receive testimony on any application. OCT may hold a combined hearing to review several applications. OCT shall publish a notice of such public hearing in the District of Columbia Register and shall hold the hearing no less than 15 days after the notice.

3302.6 OCT may deny an application if it determines that the need for the channel does not exist or that the applicant lacks the technical, financial, managerial or other capabilities to operate a channel.

3302.7 After reviewing the applications, OCT may (i) determine that no applicant has submitted an application sufficient to justify designation of the available channel and issue a final determination of such or (ii) approve one application as the most qualified to operate the available channel.

3302.8 If an application is approved for a channel on the analog tier, then within 90 days of such approval or, if applicable, within 90 days of executing a PEG Operating Agreement with the applicant as provided in section 3303, OCT shall propose a resolution to the Council for approval of the allocation pursuant to subsection 3301.5. The resolution shall provide that the operation of the allocated channel shall be subject to these rules.

3302.9 Within 90 days of (i) OCT's allocation of any channel pursuant to these rules or the Council's approval of such allocation and (ii) if applicable, the execution of a PEG Operating Agreement by the applicant, OCT shall notify cable and open video system operators in the District to include such channel as one of the District's PEG channels. The notice shall provide details of the allocation and available information on the applicant.

History

SOURCE: Final Rulemaking published at 50 DCR 7543 (September 5, 2003).

15 DCMR § 3303 OPERATING AGREEMENT (PEGOA)

3303.1 Except for the Mayor, the Council and the Public Access Corporation, all entities to which a channel is allocated shall enter into a PEG Operating Agreement (PEGOA) with the District

3303.2 The PEGOA shall include, but not be limited to, the following provisions:

(a) Responsibility for programming and management of the allocated channel;

(b) Prohibition of censorship or control over programming, except as necessary to comply with prohibition of illegal material;

(d) Prohibition of obscene material;

(e) Use of allocated channel time, cablecasting facilities, and technical support as are provided for in the franchise agreement between the District and a cable or open video system operator;

(f) Public inspection of programming records;

(g) Grounds for the rescission of channel allocation; and

(h) Regular review of operational, technical, and financial abilities to operate the allocated channel;

(i) Probationary period of two (2) years; and

(j) Administrative fees which may be payable to the District.

History

SOURCE: Final Rulemaking published at 50 DCR 7543 (September 5, 2003).

15 DCMR § 3304 REVOCATION OF CHANNELS

3304.1 Subject to a notice and an opportunity to cure, OCT may revoke a channel allocation at any time and pursuant to these rules and the applicable PEGOA if OCT finds that such channel has been operated in violation of these rules, the District's cable law, or the applicable PEGOA.

3304.2 If OCT decides to revoke a channel allocation, it shall provide a notice in writing to the channel operator stating in detail the violations and how they can be cured. The notice shall provide a period of not less than 30 days for the entity to cure such violations.

3304.3 OCT may hold a hearing and receive testimony regarding the proposed revocation of a channel. OCT shall publish a notice of such public hearing in the District of Columbia Register.

3304.4 If a channel operator has fully cured the violations to OCT's satisfaction within the requisite period, OCT shall cease the revocation process; otherwise, OCT shall issue an order revoking the channel designation.

3304.5 The revocation of a channel shall not serve as a permanent bar against the allocation of a channel to such operator, except that the circumstances of the revocation may be considered by OCT if the operator reapplies for a channel.

3304.6 Within seven (7) days of revoking any channel, OCT shall notify cable and open video system operators in the District to cease including such channel as one of the District's PEG channels.

History

SOURCE: Final Rulemaking published at 50 DCR 7543 (September 5, 2003).

15-35 APPLICATIONS FOR AUTHORITY TO ISSUE STOCK OR EVIDENCES OF INDEBTEDNESS

15 DCMR § 3500 APPLICABILITY

3500.1 Pursuant to D.C. Code §§ 34–1127, 34–909, 34–501 et seq., and 34–2002, this Chapter creates an expedited review procedure that shall apply to applications by entities regulated by the Commission for authority to issue stock or evidences of indebtedness that are payable in more than one year.

History

SOURCE: Final Rulemaking published at 47 DCR 8202 (October 13, 2000); as amended by Final Rulemaking published at 72 DCR 008215 (July 25, 2025). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 3500

15 DCMR § 3501 EXPEDITED REVIEW PROCESS

3501.1 An application for authority to issue stock or evidences of indebtedness that are payable in more than one year shall be approved by the Commission within thirty (30) days after the publication date in the Commission’s docket, provided that: (1) no objection is filed within thirty (30) days after the publication date; and (2) the Commission does not order additional time for review of the application.

3501.2 An applicant wishing to have an application reviewed under this Chapter shall file an application electronically (and any information supporting the application) with the Office of the Commission Secretary. The application shall clearly state that the applicant seeks expedited review under this Chapter. The applicant shall also serve a copy of the application on the Office of the People's Counsel on the date the application is filed.

3501.3 Any party objecting to the expedited handling of the application shall file an objection, in writing, with the Commission within thirty (30) days of the publication date. The objection shall clearly state the reasons for which the application should not be handled through the expedited procedure. A copy of the objection shall be served on the applicant and the Office of the People's Counsel.

3501.4 Responses to objections shall be filed with the Commission within thirty-five (35) days of the publication date. A copy of the response shall be served on the objecting party and the Office of the People's Counsel.

3501.5 When an objection to an application is filed, the Commission shall determine within fifteen (15) days after the period for filing an objection has expired whether to handle the application through the expedited procedure. The Commission may grant an objection if the objection is clearly supported by substantive reasons for which the application should not be reviewed through the expedited procedure. Where an objection is granted, the application shall not be handled through the expedited procedure and shall be considered by the Commission following such additional comment and hearing period that the Commission deems appropriate. The Commission Order granting the objection shall state the reasons for which the application shall not be handled through this Chapter. Where an objection is denied, the Commission may approve the application by Order.

3501.6 When no objection to an application is filed, the Commission may on its own initiative determine that additional time is needed to review the application. Such a determination must be made no later than thirty (30) days after the publication date and must state the reasons for which the application shall not be handled through this Chapter.

3501.7 If the Commission approves an application for authority to issue stocks or evidences of indebtedness, the approval will become effective upon issuance of a Commission order.

3501.8 If no objection to the application is filed and if the Commission takes no action on the application within forty (40) days after the publication date, then the issuance of stock or evidences of indebtedness is deemed approved. An applicant whose application for authority to issue stock or evidences of indebtedness has been approved pursuant to this section may petition the Commission for a certificate if required by D.C. Code § 34–501 et seq.

3501.9 Applications for changes in base rates submitted pursuant to D.C. Code § 34-901 and 15 DCMR § 200 et seq. may not be reviewed under the expedited procedures contained in this Chapter.

3501.10 Pursuant to D.C. Code § 34–2002, applications filed by competitive local exchange carriers for issuance of stock or evidences of indebtedness shall be presumed just and reasonable and deemed approved upon filing with the Commission.

History

SOURCE: Final Rulemaking published at 47 DCR 8202 (October 13, 2000); as amended by Final Rulemaking published at 72 DCR 008215 (July 25, 2025). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 3501

15 DCMR § 3502 ADDITIONAL PROCEDURES FOR ISSUANCE OF STOCK OR EVIDENCES OF INDEBTEDNESS

3502.1 Each application shall specify the type, number, and dollar amount of the proposed stock or evidences of indebtedness to be authorized and shall indicate the purpose(s) to which the resulting proceeds shall be applied.

3502.2 Each application shall be accompanied by a draft certificate of authority, if required by D.C. Code § 34–501 et seq.

3502.3 Any Order issued by the Commission approving an application for issuance of stock or evidences of indebtedness shall be accompanied by a certificate if required by D.C. Code § 34–501 et seq.

3502.4 Any certificate issued by the Commission granting authority to issue stock or evidences of indebtedness shall specify that the grant of authority is valid for a period of three (3) years.

3502.5 A prior certificate of financing authority that has not yet expired shall be deemed revoked upon approval of a new application for authority to issue stock or evidences of indebtedness.

History

SOURCE: Final Rulemaking published at 47 DCR 8202 (October 13, 2000); as amended by Final Rulemaking published at 72 DCR 008215 (July 25, 2025). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 3502

15 DCMR § 3503 [REPEALED]

History

SOURCE: Final Rulemaking published at 47 DCR 8202 (October 13, 2000); as amended by Final Rulemaking published at 47 DCR 9890 (December 15, 2000); as amended by Final Rulemaking published at 72 DCR 008215 (July 25, 2025). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 3503

15 DCMR § 3504 [REPEALED]

History

SOURCE: Final Rulemaking published at 47 DCR 8202 (October 13, 2000); as amended by Final Rulemaking published at 67 DCR 11091 (September 18, 2020); as amended by Final Rulemaking published at 72 DCR 008215 (July 25, 2025). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 3504

15 DCMR § 3505 [RESERVED]

History

SOURCE: Final Rulemaking published at 47 DCR 8202 (October 13, 2000); as amended by Final Rulemaking published at 72 DCR 008215 (July 25, 2025). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 3505

15 DCMR § 3598 WAIVER

3598.1 The Commission may upon request, or on its own initiative after notice to the parties of its intention to do so, waive any provision of this chapter for good cause.

History

SOURCE: Final Rulemaking published at 47 DCR 8202 (October 13, 2000); as amended by Final Rulemaking published at 67 DCR 11091 (September 18, 2020); as amended by Final Rulemaking published at 72 DCR 008215 (July 25, 2025). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 3598

15 DCMR § 3599 DEFINITIONS

"Applicant" means entity regulated by the Commission that applies for authority to issue or amend tariffs or issue stocks or other evidences of indebtedness that are payable in more than one year pursuant to this Chapter.

"Application" means the application for authority to issue or amend tariffs or issue stocks or other evidence of indebtedness filed pursuant to this Chapter.

"Application filing date" means the date upon which an application for review of tariff issuance or amendment or issuance of stock or evidences of indebtedness is filed with the Commission.

"Commission" means the Public Service Commission of the District of Columbia.

"Days" means calendar days, unless otherwise indicated in specific sections.

"Objection" means the written statement filed to oppose the use of this Chapter to review an application.

"Party" means an individual, corporation, partnership, or association.

"Publication date" means the date the application is published in the D.C. Register.

History

SOURCE: Final Rulemaking published at 47 DCR 8202 (October 13, 2000); as amended by Final Rulemaking published at 72 DCR 008215 (July 25, 2025). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 3599

15-36 ELECTRICITY QUALITY OF SERVICE STANDARDS

15 DCMR § 3600 PURPOSE AND APPLICABILITY

3600.1 The purpose of this chapter is to establish standards and requirements for ensuring that an electric utility and electricity suppliers operating in the District of Columbia meet an adequate level of quality and reliability in the electricity service provided to District of Columbia customers.

3600.2 This chapter shall apply to an electric utility company and electricity suppliers operating in the District of Columbia, subject to the authority of the Public Service Commission.

History

AUTHORITY: D.C. Code § 34-401
SOURCE: Final Rulemaking published at 54 DCR 9376 (September 28, 2007); as amended by Final Rulemaking published at 55 DCR 1943 (February 29, 2008).

15 DCMR § 3601 REPORTING REQUIREMENTS FOR SERVICE OUTAGES, MANHOLE INCIDENTS, MANHOLE INSPECTIONS, AND INCIDENTS RESULTING IN PERSONAL INJURY OR DEATH

3601.1 The electric utility shall report all major and non-major electricity service outages and manhole incidents, as well as incidents known to the electric utility that result in the loss of human life, personal injury requiring hospitalization, or service disruption directly or indirectly arising from or connected with the electric utility's maintenance or operation, that occur on the electric system within the District of Columbia to the Public Service Commission of the District of Columbia’s Office of Compliance and Enforcement (“OCE”) and to the Office of the People's Counsel of the District of Columbia (“OPC”).

3601.2 Major Service Outages.

Initial Notice. Upon notice of the incident, all major service outages shall be reported by telephone and e-mail to OCE and OPC as soon as practicable, but not later than one (1) hour after the utility has determined a major service outage had occurred. The electric utility may use the Commission’s reporting email, EQSSReports at psc.dc.gov.

At a minimum, each telephone and e-mail report concerning a major service outage shall clearly state the following information:

(1) The date(s) and time(s) the utility determines the major service outage(s) began;

(2) The location of the service outage(s), including the Ward(s) where the service outage(s) occurred;

(3) The total number of customers out of service;

(4) A description of the service outage(s) and preliminary assessment as to the cause of the service outage(s); and

(5) The estimated repair and/or restoration time.

(b) Interim Reporting. During the course of a major service outage, the utility shall report periodically to the Public Service Commission's OCE and OPC regarding the status of the service outage and the utility's progress in restoration efforts. The frequency of such periodic updates to OCE shall be jointly determined by the utility and OCE at the start of the service outage and/or as modified during the course of the service outage. At a minimum, the utility shall provide an update to OCE and to OPC prior to making any changes to its estimated restoration time.

(c) Final Written Report. The utility shall file a written report concerning all major service outages with OCE and OPC within twenty-one (21) days following the end of a major service outage. Outage reports shall be filed with the Commission’s Service Outages (“SO”) docket.

At a minimum, each written report concerning a major service outage shall clearly state the following information:

(1) The date(s) and exact time(s) when the major service outage(s) began and ended;

(2) The date(s) and time(s) when the restoration effort began and ended;

(3) The date(s) and time(s) when the maximum number of customers were experiencing a sustained interruption and the total number of customers affected at that time (both on a system-wide basis and for the District of Columbia only);

(4) The location of the major service outage(s), including the Ward(s) where the service outage(s) occurred;

(5) A description of the major service outage(s) and an assessment as to the cause of the service outage(s);

(6) The total number of customers that experienced a sustained interruption given in one-hour intervals throughout the major service outage (both on a system-wide basis and for the District of Columbia only);

(7) The total number of customer interruption durations (converted into hours) during the major service outage (both on a system-wide basis and for the District of Columbia only);

(8) Any information concerning requests made for outside assistance, including the organization(s) to which such requests were made, the date and time of the requests, and the resources requested;

(9) Any information concerning outside assistance received, including the organization(s) that provided personnel, the date(s) and time(s) of personnel arrivals and departures, the number of and types of vehicles provided, the total number of personnel received, the total number of personnel assigned to primary overhead line crews, the total number of personnel assigned to secondary overhead line crews, the total number of personnel assigned to tree trimming crews, the total number of personnel assigned to primary underground line crews, the total number of personnel assigned to secondary underground line crews, and the total number of personnel assigned to substation crews;

(10) Any information concerning the utility's own personnel and resources used in restoration efforts, including the total number and types of vehicles used, the total number of utility personnel involved in the restoration effort, the number of personnel assigned to primary overhead line crews, the total number of personnel assigned to secondary overhead line crews, the total number of personnel assigned to damage assessment crews, the total number of personnel assigned to tree trimming crews, the total number of personnel assigned to primary underground line crews, the total number of personnel assigned to secondary underground line crews, the total number of personnel assigned to substation crews, and the total number of personnel assigned to other supporting activities;

(11) Any information concerning customer communications, including the hourly call volumes (specifically identifying the total number of customer calls received and the total number of calls answered by the utility during each hour of the service outage), the hourly staffing numbers (specifically identifying the total number of customer service representatives logged into the call center and supporting phone systems actively taking or waiting to take customer calls), and the telephone service factor provided on an hourly basis during the entire duration of the service outage (specifically identifying the percentage of answered calls that were answered within a 60-second timeframe);

(12) The total number of customers interrupted and the customer interruption durations (converted into hours) caused by each of the following: fallen tree or tree limb, fallen or broken pole, lightning damage, ice accumulation on conductors, and any other major causes (both on a system-wide basis and for the District of Columbia only);

(13) The total number of each of the following occurring as part of the restoration efforts: the number of poles replaced, the number of distribution transformers replaced, the number of fuses replaced, the number of downed wires, the number and location of substations where equipment was damaged, the number of cross-arms issued for replacement, and the total length (in feet) of secondary and primary wires replaced or issued for replacement (both on a system-wide basis and for the District of Columbia only);

(14) Any issues concerning the availability of materials that affected restoration progress and a description of the emergency measures taken to resolve such issues;

(15) A self-assessment of the utility's restoration efforts in the District of Columbia;

(16) The total number of customers, and percent of all customers, restored given in one-hour intervals throughout the major service outage restoration effort (both on a system-wide basis and for the District of Columbia only); and

(17) An analysis, based upon the availability of the data and all other surrounding circumstances, of the utility's performance in its current restoration efforts as compared to its past restoration efforts, taking into account all relevant factors, such as the severity of the current major service outage in terms of the percent of customers affected on a system-wide or local basis.

(d) Customer Notifications. Specific restoration information, including estimated restoration times, shall be provided to District of Columbia customers by the utility's customer service representatives and by the utility's automated voice response unit.

(e) Outage Management System Report. The utility shall submit a written report to the Commission on its Outage Management System's actual performance during the major service outage within thirty (30) days after restoration efforts are completed.

3601.3 Non-Major Service Outages.

(a) Initial Notice. The utility shall report non-major service outages by telephone and e-mail to the Public Service Commission's OCE and OPC as soon as practicable upon notice of the incident, but no later than one (1) hour after the utility becomes aware of the incident. The electric utility may use the Commission’s reporting email, EQSSReports at psc.dc.gov.

At a minimum, each telephone and e-mail report concerning a non-major service outage shall clearly state the following information:

(1) The date(s) and time(s) the utility determines the non-major service outage began;

(2) The location of the service outage(s), including the Ward(s) where the service outage(s) occurred;

(3) The total number of customers out of service;

(4) A description of the service outage(s) and a preliminary assessment as to the cause of the service outage(s);

(5) The estimated repair and/or restoration time; and

(6) A notification if the incident has progressed to major service outage status.

(b) Final Written Report. A written report concerning all non-major service outages shall be submitted to OCE and OPC within five (5) days of the end of the non-major service outage. Outage reports shall be filed with the Commission’s SO docket.

At a minimum, each written report concerning non-major service outages shall clearly state the following information as applicable to the given incident:

(1) The date(s) and exact time(s) when the non-major service outage began and ended;

(2) The date(s) and time(s) of the repair and restoration of the service outage(s);

(3) The location of the service outage(s), including the Ward(s) where the service outage(s) occurred;

(4) The total number of customers affected by the service outage(s);

(5) A description of the non-major service outage(s) and an assessment as to the cause of the service outage(s);

(6) The duration of the service outage(s) in hours and minutes;

(1) The utility shall report a single customer service outage of more than eight (8) hours only upon verification that the service outage was caused by some event on the utility's side of the customer's meter; and

(2) No report need be filed if the single customer service outage was caused by some event on the customer's side of the meter.

3601.4 Manhole Incidents.

(a) Initial Notice. The utility shall report by telephone and e-mail all manhole incidents, including smoking manholes, manhole fires, and manhole explosions, to the Commission's OCE and OPC within one (1) hour upon receiving notice of the incident. The electric utility may use the Commission’s reporting email, EQSSReports at psc.dc.gov.

At a minimum, each telephone and e-mail report concerning a manhole incident shall clearly state the following information:

(1) The date(s) and time(s) the manhole incident(s) occurred;

(2) The location of the manhole incident(s), including the Ward(s) where the incident occurred;

(3) The total number of customers affected;

(4) A description of the incident(s) and a preliminary assessment as to the cause of the incident(s); and

(5) The estimated repair and/or restoration time.

(b) Final Written Report. A written report concerning all manhole incidents shall be submitted to OCE and OPC within five (5) days of the end of the incident. Manhole incident reports shall be filed with the Commission’s Pepco Manhole Inspection Report (“PEPMIR”) docket.

At a minimum, each written report concerning manhole incidents shall clearly state the following information as applicable to the given incident:

(1) The date(s) and exact time(s) the manhole incident(s) occurred;

(2) The date(s) and time(s) of the repair and restoration of the manhole incident(s);

(3) The location of the manhole incident(s), including the Ward(s) where the incident occurred;

(4) The total number of customers affected by the incident(s);

(5) A description of the manhole incident(s) and an assessment as to the cause of the incident(s);

(6) The duration of the manhole incident(s) in hours and minutes;

(7) The number of manholes involved in the incident(s); and

(8) The classification of the manhole incident(s).

3601.5 Manhole Inspections. The utility shall file quarterly manhole inspection reports, which includes current status of manhole repairs that were not completed on time, and a priority breakdown of all active reportable manhole conditions. Manhole inspection reports shall be filed with the Commission’s PEPMIR docket.

3601.6 Incidents Resulting in Loss of Human Life and/or Personal Injury Requiring Hospitalization.

(a) Initial Notice. The utility shall report by telephone and e-mail all incidents that result in the loss of human life and/or personal injury requiring hospitalization, directly or indirectly arising from or connected with the electric utility's maintenance or operation, to the Commission's OCE and OPC within one (1) hour upon receiving notice of the incident. The electric utility may use the Commission’s reporting email, EQSSReports at psc.dc.gov.

Each telephone and e-mail report concerning the loss of human life and/or personal injury requiring hospitalization shall clearly state the following information:

(1) The date(s) and time(s) the incident(s) occurred;

(2) The location of the incident(s), including the Ward(s) where the incident occurred;

(3) The total number of customers and/or persons affected;

(4) A description of the incident(s) and a preliminary assessment as to the cause of the incident(s); and

(5) The steps the electric utility will take to provide assistance.

(b) Final Written Report. Written reports concerning all incidents that result in the loss of human life and/or personal injury requiring hospitalization, directly or indirectly arising from or connected with the electric utility's maintenance or operation, shall be submitted to OCE and OPC within five (5) days of receiving notice of the incident. Incident reports shall be filed with the Commission’s Electricity Quality of Service Standards (“EQSS”) docket.

At a minimum, each written report concerning the loss of human life and/or personal injury requiring hospitalization shall clearly state the following information:

(1) The date(s) and exact time(s) the incident(s) occurred;

(2) The location of the incident(s), including the Ward(s) where the incident occurred;

(3) The total number of customers and/or persons affected;

(4) A description of the incident(s) and an assessment as to the cause of the incident(s);

(5) The steps the electric utility took to provide assistance;

(6) The amount of time it took for assistance to arrive (if known); and

(7) The steps the electric utility will undertake to prevent such an occurrence in the future.

3601.7 PIWG. The utility shall provide a detailed report on all non-major service outages, manhole incidents, and/or incidents that result in the loss of human life and/or personal injury requiring hospitalization, to the Productivity Improvement Working Group ("PIWG") every quarter.

History

SOURCE: Final Rulemaking published at 54 DCR 9376 (September 28, 2007); as amended by Final Rulemaking published at 55 DCR 1943 (February 29, 2008); as amended by Final Rulemaking published at 71 DCR 001722 (February 16, 2024). Per the directives of Order Nos. 12036, 14279, 14707, 14792, and 15070. District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 3601

15 DCMR § 3602 CUSTOMER SERVICE STANDARDS

3602.1 Walk-in Office. The electric utility shall maintain a customer service (walk-in) office physically located in the District of Columbia.

3602.2 Call Answering. The electric utility shall answer seventy percent (70%) of all customer phone calls received within thirty (30) seconds and shall maintain records delineating customer phone calls answered by a utility representative or an automated operator system. The electric utility shall measure and report on the average customer wait time of a customer transferred from an automated operator system to a utility representative.

3602.3 The utility's statistics concerning customer calls answered shall exclude calls made during periods of major telecommunication failures, periods of labor disruptions and periods of major service outage.

3602.4 If the utility fails to meet the Section 3602.2 standard, it shall be required to develop a corrective action plan.

3602.5 The corrective action plan shall describe the cause(s) of the utility's non-compliance with Section 3602.2, describe the corrective measure(s) to be taken to ensure that the standard is met or exceeded in the future, and set a target date for completion of the corrective measure(s).

3602.6 Progress on current corrective action plans shall be included in the utility's Annual Consolidated Report. The utility shall report the actual call center performance during the reporting period in the Annual Consolidated Report of the following year.

3602.7 Call Abandonment. The utility shall maintain a call abandonment rate below ten percent (10%).

3602.8 The utility's call abandonment statistics shall exclude calls made during periods of major telecommunication failures, periods of labor disruption, and periods of major service outage.

3602.9 If the utility fails to meet the standard set in Section 3602.7, it shall be required to develop a corrective action plan.

3602.10 The corrective action plan shall describe the cause(s) of the utility's non-compliance with Section 3602.7, describe the corrective measure(s) to be taken to ensure that the standard is met or exceeded in the future, and set a target date for completion of the corrective measure(s).

3602.11 Progress on any current corrective action plans will be included in the utility's Annual Consolidated Report. The utility shall report the actual performance obtained during the reporting period in the Annual Consolidated Report of the following year.

3602.12 New Residential Service Installation Requests. The utility shall complete installation of new residential service requests within ten (10) business days of the start date for the new installation.

3602.13 The start date for new installations shall be designated as the first business day after all of the following events have taken place:

(a) The customers' valid billing information is received;

(b) The site is ready for service (cleared, graded, staked, etc.);

(d) The electrical inspection is received;

(e) The security deposit is paid;

(f) All mainline primary and transformers are installed;

(g) Any required public space excavation is completed;

(h) Any delays due to weather emergencies do not intervene;

(i) All right-of-way and permits are obtained; and

(j) In the case of net metering facilities, all the applicable contract terms and conditions are met.

3602.14 The utility shall regularly report on its performance pursuant to Section 3602.12 every six (6) months. The January – June report shall be filed by August 15th of each year. The July – December report shall be filed by February 15th of the following year. New residential service installation requests reports shall be filed with the Commission’s Electricity Quality of Service Standards (“EQSS”) docket.

3602.15 The report shall clearly state the total number of new residential service installation requests received during the relevant reporting period, and of the new residential installation service requests received, the percentage of new residential service connections that were completed in accordance with Section 3602.12.

3602.16 If the utility fails to meet the standard set in Section 3602.12, it shall be required to develop a corrective action plan.

3602.17 The corrective action plan shall describe the cause(s) of the utility's non-compliance with Section 3602.12, describe the corrective measure(s) to be taken to ensure that the standard is met or exceeded in the future, and set a target date for completion of the corrective measure(s).

3602.18 Progress on any current corrective action plans will be included in the utility's Annual Consolidated Report. The utility shall report the actual performance obtained during the reporting period in the Annual Consolidated Report of the following year.

3602.19 Power Quality Complaints. The utility shall record the number of power quality complaints received, the types of complaints received, the results of any subsequent investigations and the corrective actions taken, and the time it took to resolve the customer's complaint.

3602.20 Power quality complaints reports shall include, but shall not be limited to, disturbances such as voltage spikes or transients, flicker and voltage sags, surges, and short-time over-voltages, as well as harmonics and noise.

3602.21 The utility shall report on its power quality complaints record every six (6) months. The January – June report shall be filed by August 15th of each year. The July – December report shall be filed by February 15th of the following year. Power quality reports shall be filed with the Commission’s EQSS docket.

3602.22 The power quality complaints report shall exclude complaints resolved by the initial response of the utility.

History

SOURCE: Final Rulemaking published at 54 DCR 9376 (September 28, 2007); as amended by Final Rulemaking published at 55 DCR 1943 (February 29, 2008); as amended by Final Rulemaking published at 71 DCR 001722 (February 16, 2024). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 3602

15 DCMR § 3603 RELIABILITY STANDARDS

3603.1 The electric utility shall implement a plan to improve the performance of the two percent (2%) least performing feeders such that no feeder in the 2% least performing group shall repeat as a member of the 2% least performing feeders following implementation of the plan.

3603.2 Individual feeder performance shall be determined using the utility's composite performance index.

3603.3 If the utility fails to comply with Section 3603.1, it shall be required to develop a corrective action plan.

3603.4 The corrective action plan shall clearly describe the cause(s) of the utility's non-compliance with Section 3603.1 (including an explanation as to why a particular feeder has remained on the list after the implementation of the plan in Section 3603.1), describe the corrective measure(s) to be taken to ensure that the standard is met or exceeded in the future, and provide a target date for completion of the corrective measure(s).

3603.5 The utility shall report on the progress of the corrective action plan as described in Section 3603.3 in the Annual Consolidated Report submitted to the Commission.

3603.6 The utility shall continue the current reporting of the worst performing (lowest two percent (2%)) feeders (utility methodology) and corresponding corrective action plans, with the action taken in Year 1 and the subsequent performance in Year 2 in the Annual Consolidated Report.

3603.7 The utility shall complete service restoration within twenty-four (24) hours following a non-major service outage.

3603.8 The utility shall report on the number and percentage of non-major service outages that extend beyond the twenty-four (24) hour standard and the reasons each such outage extended beyond the twenty-four (24) hour standard.

3603.9 The report drafted pursuant to Section 3603.8 shall be included in the Annual Consolidated Report on reliability data.

3603.10 The utility shall not exceed the reliability performance standards established for the following indices, calculated using District of Columbia data: System Average Interruption Frequency Index (“SAIFI”) and System Average Interruption Duration Index (“SAIDI”) (stated in hours).

3603.11 The reliability performance standards adopted by the Public Service Commission for SAIDI and SAIFI are established as follows:

(a) For 2023, SAIDI shall be one and two hundredths (1.02) and SAIFI shall be fifty-six hundredths (0.56); and

(b) For 2024, SAIDI shall be one (1.00) and SAIFI shall be fifty-five hundredths (0.55).

3603.12 The calculations of these indices shall exclude District of Columbia Major Service Outages (“MSOs”) and include only outages on feeders with a majority of customers in the District of Columbia.

3603.13 If the electric utility fails to comply with the reliability performance standards in Section 3603.11, it may be subject to forfeiture in accordance with D.C. Official Code §§ 34-706 and 34-1508 (2019 Repl.) pursuant to the enforcement procedures in Section 3698 of this chapter. The electric utility shall also be required to develop a corrective action plan, which it shall file for the Commission’s information within thirty (30) days of filing its Annual Consolidated Report of the following year.

3603.14 The corrective action plan shall clearly describe the cause(s) of the electric utility’s failure to comply with Section 3603.11, describe the corrective measure(s) to be taken to ensure that the standard is met or improved upon in the future, and provide a target date for completion of the corrective measure(s).

3603.15 The utility shall report on the progress of any Section 3603.14 corrective action plans in the following year’s Annual Consolidated Report submitted to the Commission.

3603.16 The electric utility shall also report in its Annual Consolidated Report of the following year the following reliability performance information:

(a) Its annual reliability indices of SAIFI, SAIDI, and CAIDI, calculated first, using District-only data with and without Major Service Outages (“MSOs”); and second, using District-only data based on the IEEE 1366-2012 standard with and without Major Event Days; and.

(b) The number of its customers experiencing three or more sustained interruptions of power (CEMI3) inclusive of MSOs. When reporting CEMI3, Pepco shall indicate its CEMI3 first, across the District as a whole, second, by Ward and third, within each District neighborhood by Ward.

3603.17 Major Service Outage Restoration Plan. The utility shall comply with its filed Major Service Outage Restoration Plan when preparing for and responding to a Major Service Outage. The Major Service Outage Restoration Plan shall provide a description of and procedures for the utility’s response to Major Service Outage events, including, but not limited to, the following topics and issues:

(a) Major Service Outage restoration preparation, training, and drills;

(b) Early storm detection, storm tracking, and internal and external warnings;

(c) Activation, mobilization, and deployment of internal and external resources, including both staffing levels and equipment;

(d) Materials management and logistics;

(e) Major Service Outage restoration priorities, taking into account, among other priorities, the electric power needs of emergency responders and their associated dispatching systems, hospitals, water and sewer pumping stations, natural gas utility and telecommunications service providers, national security and other essential agencies of the federal and District governments, and other essential services. In addition, the utility shall describe:

(1) How it prioritizes power restoration between the various priority classifications adopted by the utility;

(2) How it prioritizes power restoration among electric customers falling within the same priority classification; and

(3) How the utility prioritizes restoration of power for, and communicates with, customers, including residential customers, that have demonstrated to the utility a medical need for electricity;

(f) Damage assessment and inspections;

(g) Public safety, including wire down response in situations in which downed wires are guarded by fire or police responders and situations in which downed wires are not guarded by fire or police responders;

(h) Deployment and supervision of, and communications with, field crews, whether composed of the utility’s employees, employees of third-party contractors, or composed of temporary personnel obtained through a mutual assistance agreement, or otherwise;

(i) Pruning and trimming of vegetation, removal of downed trees and tree limbs, and removal of storm debris other than vegetation;

(j) Replacement of downed poles and wires;

(k) External communications, including communications with the:

(1) Utility’s customers, the public at large, and other interested persons;

(2) District’s emergency responders, emergency management and communication officials, and transportation officials;

(3) Commission’s members and designated staff;

(4) District’s elected officials;

(5) District Advisory Neighborhood Commission members;

(6) District’s Office of the People’s Counsel;

(7) Telecommunication or cable service providers owning overhead wires or antennae attached to the utility’s poles located in the District; and

(8) District’s Urban Forestry Administration;

(l) Internal communications;

(m) Communications technology use, including high call volume capability and capacity; use of social media; use of radio, television, and the print media; and use and functionality of the utility’s website;

(n) Development and communication of estimated times of restoration and assessment of estimated times of restoration accuracy, both during and subsequent to the Major Service Outage;

(o) Ramp-down and post-event inspection and reporting; and

(p) A Major Service Outage Restoration Plan performance assessment model describing the manner in which the utility shall, within sixty (60) days following the completion of its power restoration following a Major Service Outage, evaluate and report upon its performance under each of the criteria included in its Major Service Outage Restoration Plan.

3603.18 The utility shall file with the Commission any material changes to its Major Service Outage Restoration Plan at least sixty (60) days prior to implementation, unless such timing will delay implementation of the change in a manner inconsistent with restoring service in the shortest time practicable, in which case the change shall be filed no later than thirty (30) days after implementing the change. Filings on the Major Service Outage Restoration Plan shall be filed with the Commission’s Service Outages (“SO”) docket.

History

SOURCE: Final Rulemaking published at 54 DCR 9376 (September 28, 2007); as amended by Final Rulemaking published at 55 DCR 1943 (February 29, 2008); as amended by Notice of Final Rulemaking published at 58 DCR 6026 (July 22, 2011); as amended by Notice of Final Rulemaking published at 59 DCR 1598 (February 24, 2012); as amended by Final Rulemaking published at 59 DCR 8762, 8763 (July 27, 2012); as amended by Final Rulemaking published at 69 DCR 003134 (April 8, 2022); as amended by Final Rulemaking published at 71 DCR 001722 (February 16, 2024). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 3603

15 DCMR § 3604 [REPEALED].

History

SOURCE: Final Rulemaking published at 54 DCR 9376 (September 28, 2007); as amended by Final Rulemaking published at 55 DCR 1943 (February 29, 2008); as amended by Final Rulemaking published at 67 DCR 4551 (April 24, 2020). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 3604

15 DCMR § 3605 WAIVER

3605.1 The Commission may upon request, or on its own initiative after notice to the parties of its intention do so, waive any provision of this chapter for good cause.

History

SOURCE: Final Rulemaking published at 55 DCR 1943 (February 29, 2008); as amended by Final Rulemaking published at 67 DCR 11091 (September 18, 2020). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 3605

15 DCMR § 3606 COMPLIANCE REPORTING

3606.1 The electric utility and all electricity suppliers shall collect and retain accurate data demonstrating compliance with the measures in this chapter. Data is to be collected on a monthly basis in a format established by Commission order.

(a) The electric utility and all electricity suppliers shall submit monthly reports to the Commission on a quarterly basis pursuant to the following schedule: the report for the months of January, February, and March shall be submitted on April 30; the report for the months of April, May, and June, on July 30; the report for the months of July, August, and September, on October 30; and the report for the months of October, November, and December, on January 30 of the following year.

(b) If the electric utility or any electricity supplier fails a measure in a quarterly report, the electric utility or electricity supplier shall file an explanation for the failure and a plan to remedy the failure in the following quarterly report. If the failure is due to customer error, or an unforeseeable event, the electric utility or electricity supplier may request a waiver of the performance standard in its filing. The request for a waiver shall contain a detailed explanation of the reasons for granting such a waiver.

(c) The electric utility and all electricity suppliers shall retain reporting data for seven years in the event of an audit by the Commission.

History

SOURCE: Final Rulemaking published at 55 DCR 7985 (July 25, 2008).

15 DCMR § 3698 ENFORCEMENT

3698.1 The regulations in this chapter are electric reliability performance standards, some of which affect the reliability of services provided to customers. Subsection 3603 contains quality of service rules which are designated as reliability performance standards adopted by the Commission within the meaning of D.C. Official Code § 34-706(e)(4). If a utility fails to comply with Reporting Requirements in Subsection 3603, it may be subject to forfeiture or civil penalty in accordance with D.C. Official Code § 34-706.

3698.2 The Commission may consider the following factors in determining the amount of any civil penalty:

(a) Number, gravity and duration of previous violation(s);

(b) Number, gravity and duration of current violation(s); and

3698.3 The Commission may periodically issue compliance guidance outlining its compliance and enforcement priorities and providing additional guidance on penalty assessment for specific repeated or high-risk types of violations.

3698.4 Any civil penalty assessed shall be paid in full no more than thirty (30) days after the date of the Notice of Probable Violation. If there is a request for compromise through mitigation and compromise of the assessed civil penalty or a request for hearing, the civil penalty shall be paid within fifteen (15) days after an agreement is reached or after a final order is issued following a hearing.

3698.5 The electric utility shall not pass on to ratepayers in rates or in any other manner, or obtain tax benefits from any civil penalty imposed under this section and any other provision of Title 34 of the D.C. Official Code.

History

SOURCE: Final Rulemaking published at 69 DCR 003134 (April 8, 2022). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 3698

15 DCMR § 3699 DEFINITIONS

3699.1 When used in this chapter, the following terms and phrases shall have the meaning ascribed:

Abandoned Calls - a call received from a customer that a customer terminates after the customer selects the menu option and is placed in the queue, but before the call is answered by the utility customer representative or any other automated response system.

Call Abandonment Rate - the annual number of calls to the utility's call center or business office that were abandoned, divided by the total number of calls that the company received.

Call Answering - a process whereby a utility representative, voice response unit, or other automated operator system is ready to render assistance or ready to accept information necessary to process a customer's call. An acknowledgement that the customer is waiting on the line does not constitute an answer.

Composite Performance Index (CPI) - a measure of feeder performance that combines, in a single number, four measures of distribution feeder performance: (1) number of interruptions, (2) number of customer hours of interruption, (3) system average frequency of interruption, and (4) system average interruption duration.

Customer Average Interruption Duration Index (CAIDI) - a performance index that measures the average time required to restore service to the average customer experiencing a sustained interruption per sustained interruption. The measure is calculated by dividing the sum of all customer interruption durations (converted into hours) by the total number of customer sustained interruptions.

Customers Experiencing Multiple Interruptions (CEMIn) – is a reliability performance index, a number that expresses the ratio of individual customers experiencing n or more sustained interruptions when compared to the total number of customers served.

Days – For deadline purposes, days will be calculated as provided in Title 15, Chapter 1 Section 117.

District Neighborhood – is a unique geographical area of the District of Columbia, the boundaries and identification which are published by the D. C. Office of Planning.

Electric Utility (or Utility) - the company that provides electric distribution service and is regulated by the Public Service Commission of the District of Columbia.

Electricity supplier means 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:

Building owners, lessees, or managers who manage the internal distribution system serving such building and who supply electricity solely to the occupants of the building for use by the occupants;

Any Person who purchases electricity for its own use or for the use of its subsidiaries or affiliates;

Property owners who supply small amounts of power, at cost, as an accommodation to lessors or licensees of the property;

Consolidators;

An Electric Company; and

Incident(s) – events that include outages, manhole incidents (fires, smoking, and explosions), and incidents that result in the loss of human life and/or personal injury requiring hospitalization, directly or indirectly arising from or connected with the electric utility's maintenance or operation.

Interruption duration - the period of time, truncated or rounded to the nearest minute, during which a sustained interruption occurs.

Major service outages - customer interruption occurrences and durations during time periods when 10,000 or more of the electric utility's District of Columbia customers are without service and the restoration effort due to this major service outage takes more than twenty-four (24) hours.

Manhole fire - incident in which flame is visible at holes in the manhole cover or around the cover's edge and the cover remains seated in its frame.

Manhole explosion - incident in which a release of energy from the manhole occurs and one or more manhole covers are dislodged from their respective frames, or other debris, such as cement or dirt, is projected into the air.

Momentary interruption - loss of electric service of a duration limited to the time required to restore electric service by automatic and supervisory-controlled switching operation or by manual switching at a location where an operator is immediately available. If the automatic, supervisory-controlled, or manual switching is not completed within five (5) minutes of the initial loss of service, the interruption is considered a sustained interruption.

Non-major service outages - customer service outages caused by the failure of devices such as breakers, fuses, feeder lines, substation equipment, etc., lasting over eight (8) hours, regardless of how many customers are affected; or customer service outages affecting over 100 but less than 10,000 customers, regardless of duration.

OCE – Public Service Commission of the District of Columbia’s Office of Compliance and Enforcement

OPC – Office of the People’s Counsel of the District of Columbia

Outside assistance - resources not routinely used by a utility for service restoration. Resources transferred among utility operating areas are not considered outside assistance.

Power quality - the characteristics of electric power received by the customer, with the exception of sustained interruptions and momentary event interruptions. Characteristics of electric power that detract from its quality include waveform irregularities and voltage variations, either prolonged or transient.

Smoking manhole - a manhole incident in which smoke, but no visible flame, is escaping from holes in the cover or around the cover's edge.

Sustained interruption - loss of electric service not classified as a momentary interruption.

System Average Interruption Duration Index (SAIDI) - a performance index that measures the average time customers are interrupted and is calculated by dividing the sum of all customer interruption durations (converted into hours) by the total number of customers served.

System Average Interruption Frequency Index (SAIFI) - a performance index that measures the average frequency of interruptions per customer and is calculated by dividing the total number of customer sustained interruptions by the total number of customers served.

Telephone service factor - the percentage of calls answered within a specified amount of time. For example, if the service level time is set at thirty (30) seconds and seventy percent (70%) of calls are answered in less than 30 seconds, then the telephone service factor is 70.

History

SOURCE: Final Rulemaking published at 54 DCR 9376 (September 28, 2007); as amended by Final Rulemaking published at 55 DCR 1943 (February 29, 2008); as amended by Final Rulemaking published at 65 DCR 11025 (October 5, 2018); as amended by Final Rulemaking published at 69 DCR 003134 (April 8, 2022); as amended by Final Rulemaking published at 71 DCR 001722 (February 16, 2024). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 3699

15-37 NATURAL GAS QUALITY OF SERVICE STANDARDS

15 DCMR § 3700 PURPOSE AND APPLICABILITY

3700.1 The purpose of this chapter is to establish standards and requirements for ensuring that a Natural Gas Utility and Natural Gas Service Providers operating in the District of Columbia meet an adequate level of quality, reliability, and safety in the provision of natural gas service to District of Columbia customers.

3700.2 This chapter shall apply to all Natural Gas Utility and Natural Gas Service providers operating in the District of Columbia, subject to the authority of the Public Service Commission of the District of Columbia (“Commission”).

3700.3 All written Natural Gas Quality of Service Standards (“NGQSS”) reports, studies, surveys, or filings required shall be filed with the Commission.

History

SOURCE: Final Rulemaking published at 56 DCR 7646 (September 25, 2009), incorporating text of Proposed Rulemaking published at 56 DCR 1827, 1828 (February 27, 2009); as amended by Final Rulemaking published at 66 DCR 15460 (November 22, 2019). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 3700

15 DCMR § 3701 REPORTING REQUIREMENTS FOR REPORTABLE AND LIMITED SERVICE OUTAGES AND GAS INCIDENTS

3701.1 The Natural Gas Utility shall report to the Commission and the Office of the People’s Counsel (“OPC”) of the District of Columbia all Reportable, Limited Service Outages and gas Incidents.

3701.2 The Natural Gas Utility shall report Reportable Service Outages by telephone and e-mail to the Commission’s Office of Compliance and Enforcement (“OCE”) and OPC, at the earliest practicable time, but not later than one (1) hour after the Natural Gas Utility’s dispatch has been informed of a Reportable Service Outage, with as much detailed information as possible. To the extent that all information required by Subsection 3701.3 is not available at the time of the initial communication, the Natural Gas Utility shall within two (2) hours of the dispatch, supplement its initial report with the additional information. This reporting requirement applies to business and non-business hours.

3701.3 During the course of each Reportable Service Outage, the Natural Gas Utility shall report periodically to OCE and OPC regarding the status of the service outage and the Natural Gas Utility’s progress in restoration efforts. The frequency of such periodic updates to OCE shall be jointly determined by the Natural Gas Utility and OCE at the start of the service outage and/or as modified during the course of the service outage. The Natural Gas Utility shall update OCE and OPC if the originally estimated restoration time needs to be extended.

3701.4 Updated estimated restoration information, if available, shall be continuously provided to District of Columbia customers by the Natural Gas Utility’s customer service representatives and by the Natural Gas Utility’s automated voice response unit.

3701.5 The reporting requirements for Reportable Service Outage(s) are as follows:

(a) The Natural Gas Utility shall report Reportable Service Outage(s) affecting more than one hundred (100) customers and lasting more than eight (8) hours on the Natural Gas Utility’s side of the gas pipeline or occurring at a Master-Metered Apartment Building affecting more than one hundred (100) residential units;

(b) No report is required if the service outage is the result of the Natural Gas Utility’s planned maintenance activities, provided that the customers were informed prior to the implementation of the maintenance activities;

(c) Each telephone, text messaging, or email report concerning Reportable Service Outages shall state clearly, at a minimum the following information:

(1) A description of the service outage(s);

(2) The dates when the service outage(s) began and ended;

(3) The location(s) of the service outage(s), including street addresses and intersections; the ward(s) and/or quadrant(s) where the service outage(s) occurred;

(4) Pipe size, material, pressure and type of gas pipeline involved;

(5) The estimated number of customers out of service, if known;

(6) A preliminary assessment as to the cause(s) of the service outage(s), if known; and

(7) The estimated repair and/or restoration time, if known.

(d) The Natural Gas Utility shall file a written report concerning all Reportable Service Outages with the Commission and a copy to OPC within twenty-one (21) days following the end of a Reportable Service Outage.

(e) Each written report concerning a Reportable Service Outage shall state clearly at a minimum, the following information:

(1) The date(s) and times when the Reportable Service Outage began and ended;

(2) The location(s) of the service outage(s), including street addresses and intersections, the ward(s) or quadrant(s) where the service outage occurred;

(3) Pipe size, material, pressure and type of gas pipeline involved, if applicable;

(4) The date(s) and time(s) the Natural Gas Utility received the first call regarding the outage(s) or became aware of the outage(s);

(5) The dates and times when the restoration effort began and ended;

(6) The date and time when the maximum number of customers experienced an outage and the total number of customers affected at that time for both the District of Columbia and system-wide;

(7) The total number of customers that experienced an outage given in one-hour intervals throughout the outage for both the District of Columbia and system-wide;

(8) The total number of customer interruption durations (converted into hours) during the outage for both the District of Columbia and system-wide;

(9) Any information concerning requests made for outside assistance, including the organization(s) to which such requests were made, the date and time of the requests, and the resources requested;

(10) Any information concerning outside assistance received through mutual aid agreements, including the organization(s) that provided personnel, the date(s) and time(s) of personnel arrivals and departures, all crew personnel with names, identification (ID) numbers and the type of work (covered tasks) performed with complete Operator Qualifications (OQ) records;

(11) Any information on the Natural Gas Utility and its contractor’s personnel and resources used in the restoration efforts with names, ID numbers and the type of work (covered tasks) performed with complete OQ records;

(12) Any system-wide information concerning customer communications including the hourly call volumes (specifically identifying the total number of customer calls received and the total number of customer calls answered by the Natural Gas Utility during each hour of the service outage), the hourly staffing numbers (specifically identifying the total number of customer service representatives logged into the call center and supporting phone systems actively taking or waiting to take customer calls), and the telephone service factor provided on an hourly basis during the entire duration of the service outage (specifically identifying the percentage of answered calls that were answered within a 30-second timeframe);

(13) The total number of customers interrupted and the customer interruption durations (converted into hours) along with the causes of the outages for both the District of Columbia and system-wide;

(14) The detailed explanation of the work (covered tasks) performed as part of the emergency restoration efforts by mutual aid agreements and the Natural Gas Utility and its contractor’s personnel and the resources used with names, ID numbers and the type of work (covered tasks) performed with complete OQ records for both the District of Columbia and system-wide;

(15) Restoration efforts affected by the unavailability of materials and a description of the emergency measures taken to resolve such issues;

(16) The total number of customers, and percent of all affected customers, restored, given in one-hour intervals throughout the Reportable Service Outage restoration effort for both the District of Columbia and system-wide;

(17) An analysis, based upon the availability of the data and all other surrounding circumstances, of the Natural Gas Utility’s performance in its current restoration efforts as compared to its past restoration efforts, taking into account all relevant factors, such as the severity of the current outage in terms of the number of customers affected for both the District of Columbia and system-wide;

(18) A description of the service outage and provide a root cause analysis of the of the cause of the outage(s) and the steps the Natural Gas Utility will implement to prevent such an occurrence in the future;

(19) Whether there were any safety issues associated with the natural gas service outage, if so, provide information on what actions the natural gas company took to address the safety issues and indicate if any customers were in danger at any time during the restoration; and

(20) A self-assessment of the Natural Gas Utility’s restoration efforts in the District of Columbia.

3701.6 The Natural Gas Utility shall report Limited Service Outage(s) by telephone and e-mail to OCE and OPC at the earliest practicable time, but not more than one (1) hour after the Natural Gas Utility’s dispatch has been informed of a Service Outage, with as much detailed information as possible. To the extent that all information required by Subsection 3701.9 is not available at the time of the initial communication, the Natural Gas Utility shall within two (2) hours of the dispatch supplement its initial report with the additional information. This reporting requirement applies to business and non-business hours.

3701.7 The reporting requirements for Limited Service Outage(s) are as follows:

(a) The Natural Gas Utility shall report Limited Service Outage(s) affecting twenty-five (25) to one hundred (100) customers and lasting more than eight (8) hours on the Natural Gas Utility’s Pipeline distribution system prior to the meter;

(b) No report needs to be filed if the customer service outage was caused by an event on the customer’s side of the meter; and

(c) No report is required if the service outage is the result of the Natural Gas Utility’s planned maintenance activities, provided that the customer was informed prior to the implementation of the maintenance activities.

(d) Each telephone and e-mail report concerning Limited Service Outage(s) shall state clearly, at a minimum, the following information:

(1) A description of the service outage(s);

(2) The dates when the service outage(s) began and ended;

(3) The location(s) of the service outage(s), including street addresses and intersections, the ward(s) and/or quadrant(s) where the service outage(s) occurred;

(4) Pipe size, material, pressure and type of gas pipeline involved;

(5) The estimated number of customers out of service, if known;

(6) A preliminary assessment as to the cause(s) of the service outage(s), if known; and

(7) The estimated repair and/or restoration time, if known.

(e) The Natural Gas Utility shall file a written report concerning all Limited Service Outage(s) with the Commission, and a copy to OPC, within ten (10) calendar days from the date of repair/restoration completion or within two (2) weeks of the event occurrence whichever comes first.

(f) Each written report concerning Limited Service Outage(s) shall state clearly, at a minimum, the following information as applicable to the given outage(s):

The dates and times when the Limited Service Outage began and ended;

The location(s) of the service outage(s), including street addresses and intersections, the ward(s) and/or quadrants where the service outage occurred;

Pipe size, material, pressure, and type of gas pipeline involved, if applicable;

The date(s) and time(s) the Natural Gas Utility received the first call regarding the outage(s) or became aware of the outage(s);

The dates and times when the restoration effort began and ended;

The total number of customer interruption durations (converted into hours) during the outage(s);

The estimated number of customers affected by the service outage(s);

The steps taken to minimize and/or control the service outage(s);

Any information on the Natural Gas Utility and its contractor’s personnel and resources used in the restoration efforts with names, ID numbers and the type of work (covered tasks) performed with complete OQ; and

A description of the service outage(s) and provide a root cause analysis of the cause of the outage(s) and the steps the Natural Gas Utility will implement to prevent such an occurrence in the future, if any.

3701.8 The Natural Gas Utility shall report by telephone and e-mail all Incidents to OCE and OPC at the earliest practicable time, but not later than one (1) hour after the Natural Gas Utility’s dispatch has been informed of the Incident, with as much detailed information as possible. To the extent that all information required by Subsection 3701.11 is not available at the time of the initial communication, the Natural Gas Utility shall, within two (2) hours of the dispatch, supplement its initial report with the additional information. The Natural Gas Utility shall continue providing updates to the Commission and OPC on all Incidents as information becomes available or is requested by the pipeline safety inspector. This reporting requirement applies to business and non-business hours.

3701.9 The reporting requirements for gas Incidents are as follows:

(a) Each telephone and e-mail report concerning, all Incident(s) shall state clearly, at a minimum, the following information:

(1) A description of the Incident(s);

(2) The date(s) and time(s) when the Incident began and ended;

(3) The location(s) of the Incident(s), including street addresses and intersections, the ward(s) and/or quadrant(s);

(4) Pipe size, material, pressure and type of gas pipeline involved;

(5) A preliminary assessment as to the cause(s) of the Incident(s), if known; and

(6) The estimated number of customers and/or persons affected, if known.

3701.10 The Natural Gas Utility shall file an initial written report concerning all Incidents with the Commission, and a copy to OPC, within five (5) days of the event occurrence.

3701.11 Each written report concerning all Incidents shall state clearly, at a minimum, the following information:

(a) The date(s) and time(s) when the Incident(s) began and ended;

(b) The location(s) of the incident(s), including street addresses and intersections, the ward(s) and/or quadrant(s);

(d) The date(s) and time(s) the Natural Gas Utility received the first call regarding the incident(s) or became aware of the incident(s);

(e) The date(s) and time(s) when the Incident began and ended;

(f) The estimated number of customers and/or persons affected, and street shutdowns;

(g) The steps the Natural Gas Utility took to provide assistance;

(h) The amount of time it took for assistance to arrive;

(i) The date(s) and time(s) of arrival of the first Natural Gas Utility responder to the scene of the incident;

(j) The date and time the area was made safe;

(k) The total number of injuries, hospitalizations, and fatalities;

(l) An estimated total dollar amount of damage and loss to the Natural Gas Utility caused by the incident(s) if known; and

(m) A description of the Incident(s) and provide a root causes analysis of the Incident(s) and steps the Natural Gas Utility will implement to prevent such an occurrence in the future.

3701.12 The Natural Gas Utility shall update the initial written report and shall file same with the Commission, and a copy to OPC, within thirty (30) days of the event occurrence.

History

SOURCE: Final Rulemaking published at 56 DCR 7646 (September 25, 2009), incorporating text of Proposed Rulemaking published at 56 DCR 1827, 1828 (February 27, 2009); as amended by Final Rulemaking published at 66 DCR 15460 (November 22, 2019). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 3701

15 DCMR § 3702 REPORTING AND REPAIRING REQUIREMENTS FOR GAS LEAKS AND ODOR COMPLAINTS

3702.1 The Natural Gas Utility’s leak detection, classification, and repair personnel shall meet the federal training requirements for natural gas operations, maintenance, and emergencies (49 Code of Federal Regulations, Part 192). The reporting and repair requirements for gas leaks and odor complaints shall follow four steps:

(a) Respond to all leaks and odor complaints within the timeframes established for the appropriate Code Orders and categorize any gas leak by grade;

(b) Notify OCE and OPC by e-mail and telephone of each Grade 1, Grade 2, and Grade 3 gas leaks;

(d) Submit written reports on the results of the leak detection and repair, and odor complaints. The leak detection, classification, and repair personnel shall meet the federal training requirements for natural gas operations, maintenance, and emergencies (49 Code of Federal Regulations, Part 192).

3702.2 The Natural Gas Utility shall:

(a) Respond to (be at the site of) all Code 1 Orders within thirty (30) minutes after the Natural Gas Utility’s dispatch has been informed about the leak and/or odor complaint during business or non-business hours, on a monthly average basis; with no more than three (3) percent of the overall monthly response times over fifty (50) minutes and no single event response time exceeding two (2) hours;

(b) Respond to (be at the site of) all Code 2 Orders within sixty (60) minutes after the Natural Gas Utility’s dispatch has been informed about the leak and/or odor complaint during business or non-business hours, on a monthly average basis; with no more than ten percent (10%) of the overall monthly response times over seventy-five (75) minutes and no single event response time exceeding four (4) hours;

(c) Respond to all Code 3 Orders, by making a determination as to the severity of the gas leaks and/or reported odor complaints and indicate to the customer/caller when a representative will be at the site, provided that on a monthly average basis, a representative will be at the site not later than ninety (90) minutes after the Natural Gas Utility’s dispatch has been informed about the leak and/or odor complaint during business and non-business hours; with no more than twenty percent (20%) of the overall monthly response times over ninety (90) minutes and no single event response time exceeding six (6) hours; and

(d) Notify OCE and OPC within on the first business day after the end of each month, for those Code 1 response times that do not meet the requirements of these rules and that exceeded the fifty (50) minutes allowable response time and the single event maximum response time, and provide to OCE, on a monthly basis, the following additional information:

Full root cause analysis;

Location from which the technician was dispatched;

Time of dispatch;

Time of arrival;

Length of time of the response;

Whether the Natural Gas Utility’s standard processes for dispatch and response were followed and if not, a description of any deviation and the reason why;

Reason for any response in excess of the average allowable response time and in excess of two hours;

Number of in-progress Code Orders (any Code) at the time of dispatch in the District of Columbia;

Number of in-progress gas leaks (any Grade) at the time of dispatch in the District of Columbia;

Number of service technicians (qualified per Pipeline Hazardous Material Safety Administration OQ requirements to respond to Code 1 Orders) on-the-clock at the time of dispatch; and

Proposed remedy to prevent a similar circumstance, if any;

(e) Categorize the gas leak by grade pursuant to Subsection 3702.4 if the Natural Gas Utility determines, upon responding to a Code 1, Code 2, or Code 3 Order, that a gas leak is in need of repair; and

(f) Provide to OCMS and OPC on a quarterly basis the compliance reporting required by Subsection 3707.2. The Natural Gas Utility shall provide explanations if these time limits are exceeded, pursuant to Subsection 3708.3.

3702.3 The Natural Gas Utility shall report to OCE and OPC by telephone and e-mail all natural gas leaks, except gas leaks found inside residential and/or commercial customers’ properties, at the earliest practicable time, but not later than one (1) hour after the Natural Gas Utility’s dispatch has been informed about and determined that the gas odor complaint resulted from a leak and/or the dispatch has determined that a leak has occurred on the Natural Gas Utility’s gas system, with as much detailed information as possible. To the extent all information required by Subsection 3702.5 is not available at the time of the initial communication, the Natural Gas Utility shall within two (2) hours of the dispatch supplement its initial report with the additional information. Gas odor complaints reported inside customers’ facilities and odor complaints where no leaks are found shall not be reported. This reporting requirement applies to gas leaks that are found during business and non-business hours.

3702.4 Each gas leak shall be categorized as Grade 1, 2, or 3 as follows:

(a) Grade 1: A leak that presents an immediate or probable hazard to person(s) or property, and requires immediate repair or continuous action until the conditions are no longer hazardous;

(b) Grade 2: A leak that is recognized as being non-hazardous at the time of detection, but requires scheduled repair based on probable future hazard; and

(c) Grade 3: A leak that is non-hazardous at the time of detection and can be reasonably expected to remain non-hazardous.

3702.5 Each telephone and e-mail report to OCE and OPC of Grade 1, Grade 2, and Grade 3 leak(s) due to a gas-related odor complaint shall state clearly, at a minimum, the following information:

(a) A description of the type of leak(s);

(b) The dates when the leak began and ended;

(d) Pipe size, material, pressure and type of gas pipeline involved.

(e) The estimated number of customers and/or persons whose services were disrupted, if any;

(f) A preliminary assessment as to the cause of the leak(s), if known.

(g) The estimated time to repair the leak, if known; and

(h) The Natural Gas Utility shall provide OCE and OPC with regular updates to the initial report as it receives more information.

3702.6 All Grade 1 leaks shall be promptly repaired. If not repaired immediately, upon detection, because of downgrading of the Grade 1 leak to a Grade 2 leak, the Natural Gas Utility shall recheck the location within forty-eight (48) hours to determine if a Grade 1 leak returns. The location shall be continuously observed until completion of the repair or downgrade of the Grade 1 leak to a Grade 2 leak. If the Grade 1 leak returns, the leak must be repaired under current Grade 1 standards. The Natural Gas Utility shall submit a written report after one (1) week from the initial grading of the leak to OCE and OPC regarding the status of the downgraded leak and the Natural Gas Utility’s progress in completing repairs and follow Subsections 3702.11 and 3702.12 for Grade 2 and Grade 3 leaks, respectively until completion of the leak repair. Within eight (8) hours after a Grade 1 leak is downgraded to a Grade 2 leak, the Natural Gas Utility shall report by telephone and e-mail to OCE and OPC and shall state clearly the leak downgrading information, Subsection 3702.5 information and the name, telephone number, and identification of the technician downgrading the leak.

3702.7 Each written report to OCE and OPC concerning Grade 1 leaks shall state clearly, at a minimum, the following information as applicable to the incident:

(a) The street address, the ward(s) and/or quadrant(s) location of the leak or odor;

(b) A description of the type of leak;

(d) The time the Natural Gas Utility received the first call regarding a gas leak or leak detection;

(e) The time the Natural Gas Utility’s technician reached the site;

(f) The cause of the leak, if known;

(g) The time the area was made safe; and

(h) The actual repair time; the time and date when the job was completed with actual repair duration.

3702.8 Grade 2 leaks shall be monitored and reevaluated at least once every six months until cleared with no further signs of leak. Depending upon the location of the leak, reevaluation may be made earlier than six months. If reevaluation of a Grade 2 leak indicates a probable hazard, i.e., reclassified as a Grade 1 leak, it shall be repaired immediately. For Grade 2 leaks that are non-hazardous, the Natural Gas Utility shall schedule repairs within thirty (30) days. Otherwise, Grade 2 leaks shall be repaired within one calendar year, but no later than fifteen (15) months from the date the leak was first reported.

3702.9 Grade 3 leaks shall be monitored and reevaluated during the next scheduled leak survey, or within fifteen (15) months of the date reported, whichever occurs first, until the leak is repaired with no further signs of leak.

3702.10 Written reports for leaks classified as Grade 2 and Grade 3 shall be filed semi-annually with OCE and OPC. The reports shall be submitted by July 31st and January 31st of each year.

3702.11 Each semi-annual written report concerning Grades 2 and 3 leaks shall state clearly, at a minimum, the following information as applicable:

(a) The street address, the ward(s) and/or quadrant(s) location of the leak or odor;

(b) A description of the type and cause of leak;

(d) The schedule and the status of repair of all Grade 2 leaks consistent with the standard provided in Subsections 3702.10 or 3702.11.

3702.12 The Natural Gas Utility shall create and maintain database(s) for all gas leaks and customer reported gas-related odor complaints. The database(s) shall be referred to as the Leak Identification, Detection and Repair, and Odor Complaints (“LIDAROC”). The database(s) shall contain, at a minimum:

(a) The origination date;

(b) The work completion date;

(d) The type of leak;

(e) The location (address or intersection including the ward and/or quadrant where the leak occurred);

(f) The ward;

(g) The Number of customers whose services were disrupted because of the leak, if any;

(h) The cause of the leak;

(i) The response time in minutes;

(j) The actions taken;

(k) The leak ID number;

(l) The work request Order number;

(m) The work request type code;

(n) The Code Number;

(o) The actual repair time in days; and

(p) The actual repair time in minutes.

3702.13 The Natural Gas Utility shall incorporate all natural gas leaks and customer reported odor complaint calls into the database(s) within five (5) days of receipt of the gas-related odor complaint and/or determination that a leak has occurred on its gas system.

3702.14 The Natural Gas Utility shall update the database(s) after it has repaired and/or resolved the leak and customer reported odor complaints and shall submit an electronic and a hard copy of the database(s) to the Commission and OPC on a quarterly basis.

History

SOURCE: Final Rulemaking published at 56 DCR 7646 (September 25, 2009), incorporating text of Proposed Rulemaking published at 56 DCR 1827, 1828 (February 27, 2009); as amended by Final Rulemaking published at 56 DCR 9562 (December 25, 2009), incorporating text of Proposed Rulemaking published at 56 DCR 8599 (October 30, 2009); as amended by Final Rulemaking published at 66 DCR 15460 (November 22, 2019). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 3702

15 DCMR § 3703 REPORTING AND RESPONDING REQUIREMENTS FOR GAS EMERGENCIES

3703.1 The Natural Gas Utility shall immediately dispatch personnel to the site of the Gas Emergency and shall arrive at the site within fifty (50) minutes of receiving an emergency call during normal business and non-business hours.

3703.2 A Gas Emergency shall be reported by telephone and e-mail to OCE and OPC with as much detailed information as possible at the earliest practicable time, but not later than thirty (30) minutes after the Natural Gas Utility’s dispatch has been informed that a Gas Emergency has occurred. The Natural Gas Utility shall provide updates to the initial report as it receives more information. This reporting requirement applies to business and non-business hours.

3703.3 Each telephone and e-mail report of a Gas Emergency shall state clearly, at a minimum, the following information:

(a) A description of the Gas Emergency;

(b) The dates when the Gas Emergency began and ended;

(c) The location of the Gas Emergency, including street address and intersection, the ward(s) and/or quadrant(s) where the Gas Emergency occurred and the name of the person making the report and contact information;

(d) Pipe size, material, pressure and type of gas pipeline involved;

(e) The estimated number of customers impacted by the Gas Emergency, and street shutdowns, if known;

(f) A preliminary assessment as to the cause of the Gas Emergency, if known;

(g) The time between becoming aware of the Gas Emergency and responding (arriving at the emergency site) to the Gas Emergency, if known;

(h) The estimated time to clear the Gas Emergency, if known;

(i) The estimated time to repair Pipeline Facilities affected by the Gas Emergency, and/or restore service, if known; and

(j) A preliminary assessment as to any injuries, deaths, or personal property damage, if known.

3703.4 During the course of a Gas Emergency on the Natural Gas Utility’s system, the Natural Gas Utility shall report periodically by telephone and e-mail to OCE and OPC, regarding the status of the Gas Emergency and the utility’s progress in clearing the Gas Emergency and making the site safe. The Natural Gas Utility shall provide updates or progress on the Gas Emergency every hour until the Gas Emergency is resolved.

3703.5 Written reports concerning all Gas Emergencies shall be filed with the Commission and OPC within five (5) days of the event occurrence. The Natural Gas Utility shall provide updates to its written report as it receives more information.

3703.6 Each written report concerning a Gas Emergency shall state clearly, at a minimum, the following information:

(a) The date and time when the Gas Emergency began and ended;

(b) The location(s) of the Gas Emergency, including street addresses and intersections, the ward(s) and/or quadrants where the service outage occurred;

(d) The date and time when the emergency crew arrived at the scene;

(e) The estimated number of customers affected by the Gas Emergency;

(f) The steps taken to minimize and/or control the Gas Emergency;

(g) An assessment as to any injuries, deaths, or personal property damage; and

(h) A description of the Gas Emergency and provide a root cause analysis of the cause of the Gas Emergency and the steps the Natural Gas Utility will implement to prevent such an occurrence in the future, if any.

History

SOURCE: Final Rulemaking published at 56 DCR 7646 (September 25, 2009), incorporating text of Proposed Rulemaking published at 56 DCR 1827, 1828 (February 27, 2009); as amended by Final Rulemaking published at 66 DCR 15460 (November 22, 2019). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 3703

15 DCMR § 3704 CUSTOMER SERVICE STANDARDS, CUSTOMER SURVEYS, SERVICE PROVISIONING

3704.1 The Natural Gas Utility shall maintain a customer service (walk-in) office physically located in the District of Columbia.

3704.2 The Natural Gas Utility shall conduct annual customer surveys to assess customer satisfaction with the quality of customer service provided by the company to its District of Columbia customers. The Natural Gas Utility shall provide the results of the surveys to the Commission and OPC. The customer satisfaction surveys shall be conducted from: (1) a statistically representative sample of residential customers; and (2) customers randomly selected from those customers who have contacted the company’s customer service department within the year in which service is being measured. The representative sample shall be drawn from customers contacting the company’s customer service department in the previous year and shall be conducted with a sample of customers who contacted the Natural Gas Utility by walk-in, telephone, or e-mail. The survey instrument and the method shall be pre-approved by OCE. The Natural Gas Utility shall include the results from all available previous years of the survey up to a maximum of ten years in the Quality of Service Standard Performance Report (QSSPR).

3704.3 The Natural Gas Utility shall gather data and report statistics regarding the number of service calls met on the same day requested or scheduled, excluding instances where a customer misses a mutually agreed upon time to the Commission and OPC. The Natural Gas Utility shall report the percentage of scheduled service appointments met by the Natural Gas Utility on the same day requested. Service appointment data shall be compiled and aggregated monthly. A minimum performance standard of ninety-five (95) percent on a quarterly basis will apply. The Natural Gas Utility shall record the delay, in hours and/or days, in responding to requested or scheduled service calls. The Natural Gas Utility shall provide the results on service calls met and delayed to the Commission and OPC on an annual basis in the QSSPR.

3704.4 The Natural Gas Utility shall gather data on the percentage of meters that are actually read by the company on a monthly basis. Eligible meters include both residential and commercial accounts. On-cycle meter reads performance standard of ninety-five percent (95%) on a quarterly basis will apply. The Natural Gas Utility shall provide the results to the Commission and OPC on an annual basis in the QSSPR.

3704.5 The Natural Gas Utility shall perform the customer requested meter testing on a timely basis, but at a minimum shall test ninety-seven percent (97%) of customer requested meter tests. The Natural Gas Utility shall report the results on a quarterly basis on pre-scheduled customer requested meter testing. The Natural Gas Utility shall also submit its results to the Commission and OPC on an annual basis in the QSSPR.

3704.6 The Natural Gas Utility shall answer at least seventy percent (70%) of all customers’ phone calls within thirty (30) seconds and shall maintain records delineating customer phone calls answered by a Natural Gas Utility representative or an automated operator system. The Natural Gas Utility shall measure and report on an annual basis to the Commission and OPC the average customer wait time before being transferred from an automated operator system to a Natural Gas Utility representative.

3704.7 The Natural Gas Utility’s Call Answering statistics shall exclude calls made during periods of major telecommunications failures, and periods of labor disruption.

3704.8 The Natural Gas Utility shall maintain a Call Abandonment Rate below ten percent (10%) on a quarterly basis and shall report the information to the Commission and OPC on an annual basis in the QSSPR.

3704.9 The Natural Gas Utility’s Call Abandonment Rate statistics shall exclude Abandoned Calls, and calls made during periods of major telecommunications failures, and periods of labor disruption.

3704.10 If the Natural Gas Utility fails to meet the standards set forth in Subsections 3704.3, 3704.4, 3704.5, 3704.6 or 3704.8, for two (2) consecutive quarters, it shall be required to develop a corrective action plan.

3704.11 The corrective action plan shall describe the cause(s) of the Natural Gas Utility’s non-compliance with Subsections 3704.3, 3704.4, 3704.5, 3704.6 or 3704.8, describe the corrective measure(s) to be taken to ensure that the standard is met or exceeded in the future, and set a target date for completion of the corrective measure(s).

3704.12 Progress on current corrective action plans shall be included in the Natural Gas Utility’s annual QSSPR, filed with OCE and OPC by April 30 of each year.

3704.13 On a quarterly basis, the Natural Gas Utility shall complete installation of ninety-five percent (95%) of new residential service requests within ten (10) business days of the start date for the new installation.

3704.14 The start date of the installation shall be designated as the first business day after all of the following events have taken place:

(a) The customer’s valid billing information is received;

(b) The site is ready for service (cleared, graded, staked, etc.);

(d) The gas safety inspection report is received;

(e) The security deposit is paid, if applicable;

(f) All mains and regulating facilities are installed;

(g) Any required public space excavation is completed;

(h) Any delays due to weather emergencies do not intervene; and

(i) All rights-of-way permits are obtained, and all One-Call requirements have been met.

3704.15 The Natural Gas Utility shall submit a written report on its performance pursuant to Subsection 3704.13 every six (6) months. The report shall be submitted to OCE and OPC, forty-five (45) days after the six-month reporting period ends.

3704.16 After the submission of four (4) consecutive reports pursuant to Subsection 3704.15, the Commission may modify the frequency of the reporting.

3704.17 The reports pursuant to Subsection 3704.15 shall clearly state the total number of new residential service installation requests received during the relevant reporting period, and for the new residential installation service requests received, the percentage of new residential service connections that were completed in accordance with Subsection 3704.13.

3704.18 If the Natural Gas Utility fails to meet the standard set in Subsection 3704.13 in any two consecutive reports, it shall develop a corrective action plan.

3704.19 The corrective action plan shall describe the cause(s) of the Natural Gas Utility’s non-compliance with Subsection 3704.13, describe the corrective measure(s) to be taken to ensure that the standard is met or exceeded in the future, and set a target date for completion of the corrective measure(s).

3704.20 Progress on any current corrective action plans shall be included in the Natural Gas Utility’s annual QSSPR.

3704.21 The Natural Gas Utility shall report the actual performance obtained during the reporting period in the annual QSSPR of the following year.

History

SOURCE: Final Rulemaking published at 56 DCR 7646 (September 25, 2009), incorporating text of Proposed Rulemaking published at 56 DCR 1827, 1828 (February 27, 2009); as amended by Final Rulemaking published at 66 DCR 15460 (November 22, 2019). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 3704

15 DCMR § 3705 RELIABILITY STANDARDS, LOW PRESSURE WATER INFILTRATION, UNDERGROUND DAMAGE PREVENTION, LOST TIME ACCIDENTS OCCUPATIONAL SAFETY & HEALTH ADMINISTRATION (OSHA) 300 LOG

3705.1 The Natural Gas Utility shall establish a Gas Main risk ranking index to determine its Gas Main Segments (including associated Service Lines) most in need of improvement or replacement. Factors associated with the main ranking index for making improvement and replacement decisions include, poor leak history, poor cathodic protection or poor gas main conditions determined from visual observations, poor pressure in the area, interruption of service due to water infiltration, and segment affected by city or state public improvement projects. At least once each calendar year, the Natural Gas Utility shall rank and identify areas of Pipeline Networks of its natural gas operating system requiring improvements to eliminate segments most susceptible to leakage, excavation damage, failure, supply interruptions or failure to meet its minimum design pressure and volume deliverability requirements. The Natural Gas Utility shall retain in its leak database the leak data/leak history in the main segments and service lines it has replaced. The Natural Gas Utility shall establish a performance ranking by area, on a scale of one to ten with one being the poorest performing segment. The Natural Gas Utility shall file the results with the Commission and a copy with the OPC on a biennial basis.

3705.2 Each calendar year, the Natural Gas Utility shall perform the necessary analysis for the issues identified in Section 3705.1 and provide plans for eliminating the ten worst performing segments due to low pressure or interruption problems. The Natural Gas Utility shall file the results with the Commission and a copy to OPC on an annual basis.

3705.3 The Natural Gas Utility shall respond to all underground utility locate requests and locate their facilities in accordance with the damage prevention laws established within the District of Columbia and the U.S. Department of Transportation. The Natural Gas Utility shall maintain an accurate count of all locate requests, responses to locate requests, number of gas main and service lines inaccurately marked which resulted in damages (e.g., hits per 1,000 locates) or construction delays, number of locations which the Natural Gas Utility failed to mark as required by the damage prevention rules, number of calls not made for One Call ticket numbers by excavator(s), reports of incidents to underground utilities, damages caused by excavators or third party to gas underground facilities, third party responsible for the damage, and the root cause(s) of the damage. An annual report shall be filed with the Commission and a copy to OPC in the QSSPR no later than February 15 of the following year.

3705.4 The Natural Gas Utility shall monitor high volume condensate drips on its low-pressure distribution network to minimize service continuity disruption. In no case shall a natural gas customer outage caused by condensate accumulation affect more than five percent (5%) of the low-pressure customers during two consecutive winter periods. The Natural Gas Utility shall prepare a remediation plan within one hundred twenty (120) days of exceeding the five percent (5%) standard of service interruption, for the approval of the Commission, and provide a target date for completion of the recommended repair to the low-pressure piping network. The Natural Gas Utility shall file the results with the Commission and a copy to OPC on an annual basis in the QSSPR.

3705.5 The standard in Subsection 3705.4 may be changed or modified by the Commission, at a later date, based on a study of trends in service interruptions.

3705.6 The Natural Gas Utility shall measure annually its Lost Time Accident Rate as reported in the Occupational Safety and Health Administration (“OSHA”) 300 Log Summary of Occupational Injuries and Illnesses. The Natural Gas Utility shall file the results with the Commission and a copy to OPC on an annual basis in the QSSPR.

History

SOURCE: Final Rulemaking published at 56 DCR 7646 (September 25, 2009), incorporating text of Proposed Rulemaking published at 56 DCR 1827, 1828 (February 27, 2009); as amended by Final Rulemaking published at 66 DCR 15460 (November 22, 2019). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 3705

15 DCMR § 3706 [REPEALED].

History

SOURCE: Final Rulemaking published at 56 DCR 7646 (September 25, 2009), incorporating text of Proposed Rulemaking published at 56 DCR 1827, 1845 (February 27, 2009); as amended by Final Rulemaking published at 56 DCR 9562 (December 25, 2009), incorporating text of Proposed Rulemaking published at 56 DCR 8599, 8600 (October 30, 2009); as amended by Final Rulemaking published at 59 DCR 1601 (February 24, 2012); as amended by Final Rulemaking published at 67 DCR 4551 (April 24, 2020). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 3706

15 DCMR § 3707 COMPLIANCE REPORTING

3707.1 The Natural Gas Utility and all Natural Gas Suppliers shall collect and retain accurate data demonstrating compliance with the measures in this chapter. Data are to be collected on a monthly basis in a format established by the Commission.

3707.2 The Natural Gas Utility and all Natural Gas Suppliers shall file monthly compliance data, and aggregated data for the three (3) months in the quarter, with the Commission, with a copy provided to OPC, on a quarterly basis pursuant to the following schedule:

(a) The report for the months of January, February, and March shall be filed on April 30;

(b) The report for the months of April, May, and June, on July 30;

(d) The report for the months of October, November, and December, on January 30 of the following year. A cumulative annual report for the current reporting year shall also be filed by January 30 of the following year.

3707.3 If the Natural Gas Utility fails to comply with any requirement stated in Subsection 3702.2, that is not already subjected to an approved action plan, for two consecutive months, the Natural Gas Utility shall provide the reason(s) for not meeting the requirement(s) (including the actual response time(s) and the dispatch location(s) for the technicians responding to the event(s), a proposed remedy to prevent a similar occurrence(s), and show cause as to why a penalty(s) shall not be imposed). The Natural Gas Utility shall file a report with the Commission, with a copy provided to OPC, within fifteen (15) days of the end of the month.

History

SOURCE: Final Rulemaking published at 56 DCR 7646 (September 25, 2009), incorporating text of Proposed Rulemaking published at 56 DCR 1827, 1828 (February 27, 2009); as amended by Final Rulemaking published at 66 DCR 15460 (November 22, 2019). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 3707

15 DCMR § 3708 PENALTIES

3708.1 The regulations in this chapter are natural gas quality of service standards, some of which affect the reliability of services provided to customers. Subsections 3701.2 to 3701.14 and 3705.1 to 3705.6 contain quality of service rules which are designated as reliability performance standards adopted by the Commission within the meaning of D.C. Official Code § 34-706(e). If a utility fails to comply with Reporting Requirements for Reportable and Limited Service Outages and Gas Incidents noted in Subsections 3701.2 to 3701.14 and the Reliability Standards, Low Pressure Water Infiltration, Underground Damage Prevention, Lost Time Accidents OSHA 300 Log noted in Subsections 3705.1 to 3705.6, it may be subject to forfeiture or civil penalty in accordance with D.C. Official Code § 34-706.

3708.2 Failure to comply with the remaining Subsections of this chapter may result in the penalties set forth in D.C. Official Code § 34-706 (a) for failure to comply with Commission rules and regulations.

3708.3 Violations of the natural gas quality of service standards and of the reliability performance standards set forth in this chapter will be handled according to the rules established in 15 DCMR, Chapter 23 (Natural Gas). When determining the amount of the civil penalty for violations of this chapter, the Commission will consider the factors established in Chapter 23.

History

SOURCE: Final Rulemaking published at 56 DCR 7646 (September 25, 2009), incorporating text of Proposed Rulemaking published at 56 DCR 1827, 1847 (February 27, 2009); as amended by Final Rulemaking published at 56 DCR 9562 (December 25, 2009), incorporating text of Proposed Rulemaking published at 56 DCR 8599, 8600 (October 30, 2009); as amended by Final Rulemaking published at 58 DCR 1601, 1602 (February 24, 2012); as amended by Final Rulemaking published at 66 DCR 15460 (November 22, 2019). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 3708

15 DCMR § 3709 WAIVER

3709.1 The Commission may upon request, or on its own initiative after notice to the parties of its intention do so, waive any provision of this chapter for good cause.

History

SOURCE: Final Rulemaking published at 56 DCR 7646 (September 25, 2009), incorporating text of Proposed Rulemaking published at 56 DCR 1827, 1847 (February 27, 2009); as amended by Final Rulemaking published at 66 DCR 15460 (November 22, 2019); as amended by Final Rulemaking published at 67 DCR 11091 (September 18, 2020). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 3709

15 DCMR § 3799 DEFINITIONS

3799.1 When used in this chapter, the following terms and phrases shall have the meaning ascribed:

Abandoned Calls – Calls to the Natural Gas Utility that are terminated by the customer after the customer selects the menu option and is placed in the queue and has been in queue at least thirty seconds, but has not yet reached a customer service representative or any other automated response system.

Abnormal Operating Condition – A condition that may indicate failure of gas piping integrity or a deviation from normal operation or a malfunction of a component on gas piping infra-structure that may result in a hazard(s) to persons, property or the environment.

Call Abandonment Rate – The annual number of Abandoned Calls divided by the total number of calls the Natural Gas Utility received.

Call Answering – A process whereby a Natural Gas Utility representative, voice response unit, or other automated operator system is ready to render assistance or ready to accept information necessary to process a customer’s call. An acknowledgement that the customer is waiting on the line does not constitute an answer.

Code 1 Orders – Gas leak or customer reported odor complaint calls involving a strong gas leak, carbon monoxide, illness, broken service main or gaslight, fire in progress, explosion, uncontrolled appliance heat, steam or noise, gas blowing or hissing, second call, or pressure alarm.

Code 2 Orders – Gas leak or customer reported odor complaint calls involving a “medium” gas leak, or noise.

Code 3 Orders – Gas leak or customer reported odor complaint calls involving a “slight” gas leak.

Commission – Public Service Commission of the District of Columbia.

Condensate Drips – Devices installed on low pressure natural gas distribution system at its lowest elevation to facilitate collection of condensates such as ground water or other liquids infiltrating the gas piping.

Dispatch – Unit of the Natural Gas Utility that receives calls, disseminates information and assigns service calls to technicians and field crews, and acknowledges their feedback during responses to gas leaks, incidents and emergencies.

Distribution Line – Gas pipelines that provide natural gas delivery service to customers.

Gas Emergency – Any sudden and unexpected situation where leakage, blowing gas, loss of gas pressure, an overpressure condition, or loss of telemetry or control-system has caused or may cause serious injury or damage to life and/or property. Examples of emergencies include gas-fed fires, explosions involving gas, escaping gas, unplanned supply interruptions, releases of hazardous material, carbon monoxide poisonings, and odorant releases.

Gas Main – A distribution line that serves as a common source of supply for more than one service line.

Gas Main Segments – Each part of a gas distribution line that serves as a common source of supply for more than one service line.

Gas Pipeline Facility – A pipeline, a right of way, a building, or equipment used in transporting natural gas or treating natural gas during its transportation.

Grade 1 – A leak that presents an immediate or probable hazard to persons or property, and requires immediate repair or continuous action until the conditions are no longer hazardous;

Grade 2 – A leak that is recognized as being non-hazardous at the time of detection, but requires scheduled repair based on probable future hazard; and

Grade 3 – A leak that is non-hazardous at the time of detection and can be reasonably expected to remain non-hazardous.

High Pressure (HP) System – A gas pipeline in which the gas pressure is higher than the pressure provided to the customer. Typically, high pressure pipelines operate over sixty (60) pounds per square inch gauge (psig) and are not transmission pipes.

Interruption Duration – The period of time, truncated or rounded to the nearest minute, during which a Reportable Service Outage occurs.

Incident – An event involving the release of natural gas that interrupts normal operations. An incident is an event that involves the release of gas and a death or injury requiring in-patient hospitalization or property damage or costs of $5,000 or more to the Natural Gas Utility, or an event receiving media attention or that requires closing a public street.

Leak Survey - A systematic inspection of a pipeline for the purpose of finding leaks on a gas piping system. Leakage surveys may be done with or without instruments, depending on the class location and type of system.

Limited Service Outage(s) (LSO) – Customer service outage(s) caused by failure of gas piping integrity or a deviation from normal operation or a malfunction of a component on gas piping infrastructure affecting twenty-five (25) to one hundred (100) customers and lasting more than eight (8) hours.

Low Pressure (LP) System – A gas pipeline in which the pressure is substantially the same as the pressure provided to the normal residential customer. Low pressure lines normally operate at 7.8 inches water column.

Medium Pressure (MP) System – A gas pipeline in which the gas pressure is higher than the pressure provided to the customer. Typically, medium pressure pipelines operate higher than the LP System (at 7.8 inches water column) up to sixty (60) pounds per square inch gauge (psig).

Natural Gas – Is a gaseous flammable fossil fuel consisting primarily of methane.

Natural Gas Service Provider – A natural gas supplier, including an Aggregator, Broker, or Marketer, who generates or produces natural gas, sells natural gas, or purchases, brokers, arranges, or markets natural gas for sale to customers.

Natural Gas Supplier – A licensed Person, broker, or marketer, who generates natural gas; sells natural gas; or purchases, brokers, arranges or markets natural gas for sale to customers.

Natural Gas Utility – The company that owns or controls the distribution facilities required for the transmission and delivery of natural gas to customers, provides sales service and delivery of distribution service of natural gas, and is regulated by the Public Service Commission of the District of Columbia.

Normal Business Hours – Monday through Friday, 8:00 a.m. to 9:00 p.m., and Saturday, 8:00 a.m. to 4:30 p.m. (except major holidays). The main office serves customers Monday through Friday (except holidays) from 8:30 a.m. to 4:30 p.m. The Anacostia office accepts bill payments by check or money order only, Monday through Friday (except holidays), 8:00 a.m. to 4:00 p.m. All other hours including, holidays and Sunday are designated as non-normal business hours.

Occupational Safety and Health Administration (OSHA) 300 log (OSHA 300 Log) – A log of all recordable occupational injuries and illnesses on forms approved by OSHA. This form is called OSHA 300 Log. It is regularly updated by OSHA. OSHA 300 Log shall be used to record each case within seven (7) calendar days after the employer received information that a recordable work-related injury or illness has occurred.

Office of the Commission Secretary (OCMS) – Secretary of the Public Service Commission of the District of Columbia.

Office of Compliance and Enforcement (OCE) – Office of Compliance and Enforcement of the Public Service Commission of the District of Columbia.

Office of the People’s Counsel (OPC) – Office of the People’s Counsel of the District of Columbia.

On Cycle Meter Reads – The service period that a customer’s bill is read during the course of each month.

Outside Assistance – Resources not routinely used by a Natural Gas Utility for service restoration. Natural Gas Utility resources transferred among utility operating areas are not considered outside assistance.

Pipeline – All parts of those physical facilities through which gas moves in transportation, including pipe, valves, and other appurtenance attached to pipe, compressor units, metering stations, regulator stations, delivery stations, holders, and fabricated assemblies.

Pipeline Facility – New and existing pipeline, rights-of-way, and any equipment, facility, or building used in the transportation of gas or in the treatment of gas during the course of transportation.

Pipeline Network – The group or system of interconnected gas transmission and distribution lines.

PSIG – Pounds per square inch gauge.

Regulator Station – A facility for controlling the pressure and flow of natural gas serving a distribution system.

Reportable Service Outage(s) – Customer service outages caused by failure of gas piping integrity or a deviation from normal operation or a malfunction of a component on gas piping infrastructure affecting more than one hundred (100) customers and lasting more than eight (8) hours; or any outage occurring at a Master-Metered Apartment Building (as defined in 15 DCMR § 499.1) affecting more than one hundred (100) residential units.

Service Line – A distribution line that transports gas from a common source of supply to an individual customer, to two adjacent or adjoining residential or small commercial customers, or to multiple residential or small commercial customers served through a meter header or manifold. A service line ends at the outlet of the customer meter or at the connection to a customer's piping, whichever is further downstream, or at the connection to customer piping if there is no meter.

Telephone Service Factor – The percentage of calls answered within a specified amount of time. For example, if the service level time is set at thirty (30) seconds and seventy (70) percent of calls are answered in less than thirty (30) seconds, then the telephone service factor is seventy (70).

Transmission Line – A pipeline, other than a gathering line, that: (1) transports gas from a gathering line or storage facility to a gas distribution center, storage facility, or large volume customer that is not down-stream from a gas distribution center; (2) operates at a hoop stress of twenty (20) percent or more of Specified Minimum Yield Strength (SMYS); or (3) transports gas within a storage field.

History

SOURCE: Final Rulemaking published at 56 DCR 7646 (September 25, 2009), incorporating text of Proposed Rulemaking published at 56 DCR 1827, 1848 (February 27, 2009); as amended by Final Rulemaking published at 56 DCR 9562 (December 25, 2009), incorporating text of Proposed Rulemaking published at 56 DCR 8599, 8601 (October 30, 2009); as amended by Final Rulemaking published at 66 DCR 15460 (November 22, 2019). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 3799

15-39 AFFILIATE TRANSACTIONS CODE OF CONDUCT

15 DCMR § 3900 APPLICABILITY

3900.1 This Chapter establishes the Public Service Commission’s (“Commission”) Code of Conduct between regulated energy utilities and their affiliates.

History

Source: Notice of Final Rulemaking published at 58 DCR 1109, 1110 (February 4, 2011).

15 DCMR § 3901 PROHIBITION OF FAVORABLE TREATMENT FOR AFFILIATES

3901.1 Neither an energy utility nor a core service affiliate(s) shall represent that any advantage accrues to a customer or others in the use of the energy utility’s services as a result of that customer or others dealing with the core service affiliate(s).

3901.2 Neither an energy utility nor a core service affiliate(s) shall represent that the affiliation allows the core service affiliate(s) to provide a service superior to that available from other licensed energy suppliers.

3901.3 No energy utility shall promote the services of a core service affiliate or disparage the services of a competitor of a core service affiliate.

3901.4 An energy utility shall not condition or tie the provision of regulated utility services to:

(a) The purchase, lease, or use of any other goods or services offered by the energy utility or its affiliates; or

(b) The direct or indirect commitment not to deal with any competing energy supplier.

3901.5 An energy utility shall not give preferential treatment to an affiliate(s) or customers of the affiliate(s) in providing regulated services. With respect to regulated utility services, the energy utility shall treat all similarly situated energy suppliers and their customers in the same manner without regard to whether the supplier is a core service affiliate.

3901.6 An energy utility shall process all requests for service by any similarly situated energy supplier in the same manner and within the same period of time as it processes requests for service from a core service affiliate(s). An energy utility shall keep an annual log of the length of time it takes the energy utility to process each request for service.

3901.7 An energy utility shall provide the same information about its distribution and transmission services contemporaneously to all energy suppliers in a manner that does not favor a core service affiliate(s) in either the type or manner of access to such information.

3901.8 An energy utility shall apply all the terms and conditions of its tariff related to delivery of energy services to similarly situated providers in the same manner, without regard to whether the supplier is a core service affiliate.

3901.9 An energy utility shall offer the same discounts, rebates, fee waivers, or penalty waivers to all similarly situated non-affiliated suppliers or customers that it may offer to its core service affiliate or customers of its affiliate. The energy utility shall make such contemporaneous offers, including an appropriate posting on the energy utility’s electronic bulletin board, or by some other appropriate means (e.g., Internet website).

History

Source: Notice of Final Rulemaking published at 58 DCR 1109, 1110 (February 4, 2011).

15 DCMR § 3902 LIMITATIONS ON JOINT MARKETING, SPACE, AND SALES FOR CORE SERVICE AFFILIATES

3902.1 Joint promotions, marketing, and advertising between an energy utility and its core service affiliate(s) are prohibited. Joint marketing shall include the sharing of billing materials. The energy utility may allow a core service affiliate access to space on its billing envelope or the ability to include marketing information inside the billing envelope only under the circumstance of a general promotion of supplier choice where space is made available to all competitors of the core affiliate under the same terms and conditions.

3902.2 Joint sales calls shall not be initiated either by an energy utility or its core service affiliate(s). However, when a customer requests a joint sales call, a joint sales call may be conducted. If a customer enters into a contract with a core service affiliate, a joint call relating to that contract may be conducted.

3902.3 An energy utility shall not provide sales leads to its core service affiliate(s).

3902.4 Marketing/advertising material used by the core service affiliate claiming an association with the energy utility shall include a disclaimer that:

(a) The affiliate supplier is not the same company as the energy company, whose name or logo may be at least partially used;

(b) The prices and services of the affiliate supplier are not set by the Commission; and

(c) The customer is not required to buy energy or other products and services from the affiliate supplier in order to receive the same quality service from the energy utility.

3902.5 An energy utility and a core service affiliate(s) shall operate from physically separate locations to avoid the inadvertent sharing of information. The core service affiliate(s) shall not share office space owned or used by the energy utility.

3902.6 An energy utility shall not ask a customer for consent to provide the customer’s name or information to its core service affiliates licensed in the District of Columbia. An energy utility shall refrain from speaking to its customers for, or on behalf of, its core service affiliates.

History

Source: Notice of Final Rulemaking published at 58 DCR 1109, 1111 (February 4, 2011).

15 DCMR § 3903 DISCLOSURE OF INFORMATION

3903.1 An energy utility shall not disclose any customer-specific information obtained in connection with the provision of regulated utility services except upon written consent of the utility customer. The consent form signed by the utility customer shall state the purpose of the disclosure.

3903.2 Notwithstanding the limitations in subsection 3903.1, customer-specific information may be disclosed for lawful bill collection or credit reporting purposes, pursuant to a subpoena or request by a duly authorized law enforcement official, or pursuant to a lawful request authorized by local or federal law.

3903.3 Any information provided by an energy utility to a core service affiliate(s) with respect to its electric or gas system, the marketing or sale of energy to customers or potential customers, or the delivery of energy to or on its system, shall be contemporaneously disclosed to all non-affiliated energy suppliers or potential non-affiliated energy suppliers on its system. Disclosure of such information must be published on the energy utility’s electronic bulletin board or equivalent mechanism used to communicate with licensed energy providers.

3903.4 Notwithstanding the limitations in subsection 3903.3 above, an energy utility may disclose the following information without making the disclosure publicly available:

(a) Information to an energy supplier, whether affiliated or non- affiliated, disclosed in the administration of a contract to supply Standard Offer Service;

(b) Information to an energy supplier, whether affiliated or non- affiliated, concerning the energy supplier's customer that is necessary for the energy supplier to bill or provide services to its customers; and

(c) Information disclosed to the energy utility’s affiliate(s) required for the affiliate(s) to comply with federal and state laws and regulations, including those relating to financial reporting and corporate governance.

History

Source: Notice of Final Rulemaking published at 58 DCR 1109, 1112 (February 4, 2011).

15 DCMR § 3904 COST ALLOCATION AND ACCOUNTING

3904.1 Within four (4) months of the close of the energy utility’s fiscal year, an energy utility must file annually a Cost Allocation Manual (“CAM”) with the Commission explaining how it will allocate and account for shared services between the energy utility and any affiliate.

3904.2 The CAM must include the following:

(a) An explanation of the corporate organization;

(b) A description of each corporate entity, including location, list of officers and the statement of the business of each entity;

(c) A listing of each type of cost which is allocated or charged direct between entities and the factor(s) which is (are) used in the allocation;

(d) An explanation and calculation of each of the cost allocation factors used for transfers between and among corporate entities; and

(e) A listing of the total amount of each cost allocated or charged direct between or among corporate entities during the annual period.

3904.3 When changes occur to the CAM prior to the next annual filing period, the energy utility must file amendment(s) to the CAM within thirty (30) days from the effective date of the change.

3904.4 An affiliate and an energy utility must maintain such separate books and records as required by the Public Utility Holding Company Act of 2005 (“PUHCA 2005”) and the Commission and, upon written request by the Commission, provide timely access to the books and records.

3904.5 The energy utility and all affiliates to or from which assets included in rate base have been transferred by or to the energy utility and all affiliates that provide services to, or share costs with, the energy utility through any allocation method, must make available for inspection and review by the Commission books relating to the foregoing pursuant to PUHCA 2005 so that the Commission may determine compliance with the Code of Conduct. Books shall be maintained for inspection and review for at least five (5) calendar years.

3904.6 Biennially, the energy utility shall cause a limited engagement report to be prepared by an independent accountant of its books and the books of any affiliate that has entered into a transaction with the energy utility within the period of the limited engagement review to ensure compliance with the Commission’s Code of Conduct. The energy utility shall select an independent accountant and shall seek approval by the Commission of the selection at least sixty (60) days prior to the beginning of the limited engagement review.

History

Source: Notice of Final Rulemaking published at 58 DCR 1109, 1113 (February 4, 2011).

15 DCMR § 3905 LOANS AND LOAN GUARANTEES

3905.1 An energy utility shall not provide loans or loan guarantees to an affiliate or to the holding company. The general prohibition includes use of utility rate base asset as collateral for any affiliate or holding company activity.

3905.2 Notwithstanding any provision to the contrary, an energy utility may participate in a cash management or money pool subject to federal regulations of the Securities and Exchange Commission or the Federal Energy Regulatory Commission.

History

Source: Notice of Final Rulemaking published at 58 DCR 1109, 1115 (February 4, 2011).

15 DCMR § 3906 TRANSFER OR SALE OF ASSETS

3906.1 Transfers of assets from an energy utility to an affiliate must be recorded on the utility’s books at the greater of net book cost or market value. Transfers of assets from an affiliate to the energy utility shall be at the lesser of net book cost or market value. Such asymmetric pricing shall not apply to any transaction resulting from a competitive bidding process.

History

Source: Notice of Final Rulemaking published at 58 DCR 1109, 1114 (February 4, 2011).

15 DCMR § 3907 RESTRICTIONS ON USE OF EMPLOYEES AND EQUIPMENT

3907.1 An electric company is prohibited from sharing employees with an affiliate.

3907.2 An energy utility and an affiliate may share the same telecommunications system or computer system, so long as adequate security and system protections are in place to prevent the accessing of information or data of the energy utility by the affiliate that would be in violation of other provisions of this Chapter.

3907.3 An electric company shall not temporarily assign any employee of the electric company to an affiliate.

History

Source: Notice of Final Rulemaking published at 58 DCR 1109, 1114 (February 4, 2011).

15 DCMR § 3908 RING-FENCING

3908.1 Any energy utility owned by a holding company that transfers more than five percent (5%) of the utility’s earnings to a holding company parent, or declares a special or regular cash dividend to the holding company parent, shall notify the Commission in writing within five (5) business days following such action.

3908.2 An energy utility shall issue debt securities and request that rating agencies maintain credit and bond ratings for those securities apart from the holding company or any affiliate. Nothing in this section shall prohibit an energy utility from issuing private debt securities without a rating, except to an affiliate.

History

Source: Notice of Final Rulemaking published at 58 DCR 1109, 1115 (February 4, 2011).

15 DCMR § 3909 EMERGENCY SUSPENSION

3909.1 The provisions of this Code of Conduct may be suspended during an emergency. Energy utilities subject to the Code of Conduct shall, within twenty-four (24) hours of the emergency suspension, and every seventy-two (72) hour period thereafter, notify the Commission of the basis of the emergency that warrants the suspension of the Code of Conduct. The energy utility shall notify the Commission within twenty-four (24) hours following the expiration of the emergency.

History

Source: Notice of Final Rulemaking published at 58 DCR 1109, 1115 (February 4, 2011).

15 DCMR § 3910 WAIVER

3910.1 The Commission may upon request, or on its own initiative after notice to the parties of its intention do so, waive any provision of this chapter for good cause.

History

SOURCE: Notice of Final Rulemaking published at 58 DCR 1109, 1115 (February 4, 2011); as amended by Final Rulemaking published at 67 DCR 11091 (September 18, 2020). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 3910

15 DCMR § 3999 DEFINITIONS

3999.1 For the purposes of this chapter:

“Affiliate” means a person who directly or indirectly, or through one or more intermediaries, controls, is controlled by, or is under common control with, or has directly or indirectly, any economic interest in another person.

“Annual Log” means a log maintained by an energy utility to track information regarding a request for service from an energy supplier. The annual log shall include the following: (1) name of the supplier requesting service; (2) description of the type of service being requested; (3) date of request; (4) status of request (5) date of completion of the requested service; (6) energy utility's affiliation with the energy supplier; and (7) contact information for supplier requesting service.

“Asset” means tangible and intangible property of an energy utility included in its rate base.

“Asymmetric pricing” means pricing, including, but not limited to, energy utility assets, services and things of value transferred to an affiliate recorded on the utility’s books at the greater of book value or market value, with pricing of the same items transferred from the affiliate to the energy utility recorded on the utility’s books at the lesser of book cost or market value.

“CAM” or “Cost Allocation Manual” means the manual that explains how the energy utility will allocate and account for shared services between the regulated utility and its affiliates.

“Core service” means a retail gas or electric energy service, including the sale and delivery of electricity or natural gas, provided to the public in the District of Columbia.

“Core service affiliate” means an affiliate that provides retail gas or electric energy service, including the sale and delivery of electricity or natural gas, to the public in the District of Columbia.

“Customer” means a purchaser of natural gas or electricity for end use in the District of Columbia. The term excludes an occupant of a building where the owner, lessee, or manager manages the internal distribution system serving the building and supplies natural gas solely to occupants of the building for use by the occupants.

“Emergency” means any of the following, or similar, situations which require any action contrary to this Code of Conduct: (a) a natural disaster, including but not limited to a hurricane, tornado, snow storm, earthquake, flood, or land slide that impacts utility service; or (b) any national or District of Columbia declared state of emergency or condition resulting in federal, or District government closing its respective offices; or (c) an abnormal system condition requiring manual or automatic action to maintain system frequency, or to prevent loss of firm load, equipment damage, disconnection of system elements that could adversely affect utility service or the reliability of the utility’s electric system or natural gas system or the safety of persons or property; or (d) acts of others such as riots, sabotage, acts of terrorism, insurrections, nationalization or wars, which adversely affect utility service or the reliability of the utility’s electric system or natural gas system.

“Energy supplier” means a licensed person including an aggregator, broker, or marketer, who generates energy (natural gas or electricity); sells energy (natural gas or electricity); or purchases, brokers, arranges or markets energy (natural gas or electricity) for sale to customers in the District of Columbia. The term excludes the following: (A) building owners, lessees, or managers who manage the internal distribution system serving such building and who supply energy (natural gas or electricity) solely to the occupants of the building for use by occupants; (B) (I) any person who purchases (natural gas or electricity) for its own use or its subsidiaries or affiliates; or (II) any apartment building or office building manager who aggregates energy (natural gas or electricity) service requirements for his or her buildings, and who does not: (a) take title to the energy (natural gas or electricity); (b) market energy (natural gas or electricity) services to the individually-metered tenants for his or her building; or (c) engage in the resale of energy (natural gas or electricity) 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.

“Energy utility” means a natural gas corporation or electric company under the jurisdiction of the Commission whose rates, charges, terms and conditions, and the quality of services it provides to customers are regulated by the Commission.

“Limited Engagement Review” means an independent accountant’s examination of books and records to determine compliance with all of the sections of this Code of Conduct.

“Non-core service” means any service or activity that is not a retail gas or electric energy service, including the sale and delivery of electricity or natural gas, provided to the public in the District of Columbia.

“Non-core service affiliate” means an affiliate that does not provide any service or activity that is a retail gas or electric energy service, including the sale and delivery of electricity or natural gas to the public in the District of Columbia.

“Person” means every individual, corporation, company, association, joint-stock company, firm, partnership, or other entity.

“Standard offer service” means electricity supply made available to: (1) customers who contract for electricity with an electricity supplier, but who fail to receive delivery of electricity under such contracts; (2) customers who cannot arrange to purchase electricity from an electricity supplier; and (3) customers who do not choose an electricity supplier.

History

Source: Notice of Final Rulemaking published at 58 DCR 1109, 1115 (February 4, 2011).

15-40 DISTRICT OF COLUMBIA SMALL GENERATOR INTERCONNECTION RULES

15 DCMR § 4000 PURPOSE AND APPLICABILITY

4000.1 This chapter establishes the District of Columbia Small Generator Interconnection Rules (“DCSGIR”) which apply to facilities satisfying the following criteria:

(a) The total Nameplate Capacity of the Small Generator Facility is equal to or less than twenty (20) megawatts (“MW”).

(b) The Small Generator Facility is not subject to the interconnection requirements of PJM Interconnection.

History

SOURCE: Final Rulemaking published at 56 DCR 1415, 1418 (February 13, 2009); as amended by Final Rulemaking published at 66 DCR 01132 (January 25, 2019); as amended by Final Rulemaking published at 68 DCR 8244 (August 20, 2021). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 4000

15 DCMR § 4001 INTERCONNECTION REQUESTS, FEES, AND FORMS

4001.1 Interconnection Customers seeking to interconnect a Small Generator Facility shall submit an Interconnection Request using a standard form approved by the Commission to the Electric Distribution Company (“EDC”) that owns the Electric Distribution System (“EDS”) to which interconnection is sought. The EDC shall establish processes for accepting Interconnection Requests electronically.

4001.2 The Commission shall determine the appropriate interconnection fees, and the fees shall be posted on the EDC’s website and listed in the EDC’s tariffs. There shall be no application fee for submitting a Level 1 Interconnection Request.

4001.3 In circumstances where standard forms and agreements are used as part of the interconnection process defined in these rules, electronic versions of those forms shall be approved by the Commission and posted on the EDC’s website. The EDC’s Interconnection Request forms shall be provided in a format that allows for electronic entry of data.

4001.4 The EDC shall allow an Interconnection Request to be submitted through the EDC’s website. The EDC shall allow electronic signatures to be used for the Interconnection Request.

4001.5 In accordance with Subsection 4003.2 herein, Interconnection Customers may request an optional Pre-Application Report from the EDC to get information about the condition(s) of the Electric Distribution System at their proposed Point of Common Coupling without submitting a completed Interconnection Request form.

4001.6 The EDC shall assign each complete Interconnection Request a queue position based on when it is deemed complete. The EDC shall maintain a single queue, which includes all Interconnection Requests which have been assigned a queue position. The queue information which pertains to Levels 2, 3, and 4 Interconnection Requests shall be available publicly, sortable by feeder, and updated at least monthly. Information to be included in the publicly-available queue is shown in Attachment A.

History

SOURCE: Final Rulemaking published at 56 DCR 1415 (February 13, 2009); as amended by Final Rulemaking published at 66 DCR 01132 (January 25, 2019); as amended by Final Rulemaking published at 68 DCR 8244 (August 20, 2021). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 4001

15 DCMR § 4002 APPLICABLE STANDARDS

4002.1 Unless one or more of the following standards are waived by the EDC, a Small Generator Facility must comply with the following standards, as applicable:

Institute of Electrical and Electronics Engineers (“IEEE”) 1547 Standard for Interconnection and Interoperability of Distributed Energy Resources with Associated Electric Power Systems Interfaces;

IEEE 1547.1 - Standard Conformance Test Procedures for Equipment Interconnecting Distributed Energy Resources with Electric Power Systems and Associated Interfaces;

IEEE 1547.2 - Application Guide for IEEE Standard 1547 for Interconnecting Distributed Resources with Electric Power Systems;

Underwriters Laboratories (“UL”) 6142 Standard for Small Wind Turbine Systems; and

UL 1741 Standard for Inverters, Converters and Controllers for Use in Independent Power Systems. UL 1741 compliance must be recognized or certified by a Nationally Recognized Testing Laboratory as designated by the U.S. Occupational Safety and Health Administration. Certification of a particular model or a specific piece of equipment is sufficient. It is also sufficient for an inverter built into a Generating Facility to be recognized as being UL 1741 compliant by a Nationally Recognized Testing Laboratory.

4002.2-4002.4 [RESERVED]

4002.5 The Interconnection Equipment shall meet the requirements of the most current approved version of each standard listed in Subsection 4002.1, as amended, and supplemented at the time the Interconnection Request is submitted.

4002.6 Nothing herein shall preclude the need for an on-site Witness Test or operational test by the Interconnection Customer.

4002.7 Advanced Inverters

To comply with IEEE 1547-2018:

After January 1, 2022 (upon commercial availability), any Small Generator Facility requiring an inverter that submits an interconnection request shall use an Advanced Inverter with either a default or a site-specific EDC required inverter settings profile, as determined by the EDC.

Any Small Generator Facility may replace an existing inverter that was purchased prior January 1, 2022, with an inverter of equal or greater capability than the original inverter, for use at the Small Generator Facility.

The EDC shall establish default EDC required inverter settings profiles for Advanced Inverters pursuant to Subsection 4002.7 (e), and shall publish the default EDC required inverter settings profile on the EDC’s website prior to January 1, 2022.

To the extent reasonable, pursuant to any modifications required by Subsection 4002.7 (e), all EDC required inverter settings profiles shall be consistent with applicable Advanced Inverter recommendations from PJM Interconnection, LLC.

A default EDC required inverter settings profile shall be established by an EDC to optimize the safe and reliable operation of the Electric Distribution System, and shall serve the following objectives:

The primary objective is to incur no involuntary real power inverter curtailments incurred during normal operating conditions and minimal real power curtailments during abnormal operating conditions.

The secondary objective is to enhance Electric Distribution System hosting capacity and to optimize the provision of grid support services.

A site-specific EDC required inverter settings profile may be established by an EDC as necessary to optimally meet objectives established in Subsection 4002.7 (e).

All default EDC required inverter settings profiles will be documented in the interconnection agreements.

A list of acceptable Advanced Inverters shall be published on the EDC’s website prior to January 1, 2022.

4002.8 Meter Collar Adapters

With respect to meter collar adapters, the following provisions apply:

An EDC shall approve a meter collar adapter model for installation for specific compatible meter configurations and customer applications, provided that the meter collar adapter model meets the following criteria:

The meter collar adapter model is approved or listed by a nationally recognized testing laboratory;

The meter collar adapter model is approved for use by an EDC, unless sufficient rationale for disapproval is provided by an EDC in accordance with Section 4002.8(b) of these rules;

All meter collar model installations, access, testing, inspections, servicing and removals shall only be performed by a qualified person as agreed between the EDC and the meter collar manufacturer;

The meter collar adapter model design does not impede access to the sealed meter socket compartment, or to the meter itself by a qualified person;

The meter collar adapter model is compatible with the National Electric Code;

The meter collar adapter model is compatible to the specific meter configurations and customer applications to ensure that the meter collar adapter is capable of being safely and reliably inserted into a meter socket to maintain a secure connection with both the meter socket and the utility meter.

An EDC shall approve or disapprove a meter collar adapter model for installation in its service area no later than 90 days after a meter collar manufacturer submits a request for approval of the meter collar adapter and an EDC’s procedures shall be updated within ninety (90) days of approval.

(1) A meter collar manufacturer that submits a request to an EDC for approval shall file the request with the Commission in Formal Case No. 1050, and shall be served on the Office of the People’s Counsel of the District of Columbia and other parties in accordance with 15 DCMR § 115.2.

An EDC shall provide an explanation to the requesting meter collar manufacturer explaining the reasons any meter collar adapter model application was denied. Such explanation shall be filed with the Commission in Formal Case No. 1050, and shall be served on the Office of the People’s Counsel of the District of Columbia and other parties in accordance with 15 DCMR § 115.2.

An EDC shall provide public notice of all decisions approving a meter collar adapter model by posting the information on the utility's website and providing an update to the Commission in Formal Case No. 1050, and shall be served on the Office of the People’s Counsel of the District of Columbia and other parties in accordance with 15 DCMR § 115.2.

An EDC shall authorize the installation and operation of an EDC-approved meter collar adapter for a customer installation, provided the meter collar adapter meets the following criteria:

The meter collar adapter is qualified to be connected to the supply side of the service disconnect pursuant to the applicable provisions of the National Electric Code;

The meter collar adapter is rated for the meter socket into which it is intended to be installed;

The meter collar adapter does not exceed the weight bearing limits of a meter socket;

Only one meter collar adapter may be installed per meter base.

The meter collar adapter does not disable the excessive heating detection capability of AMI meters.

An EDC shall uninstall an approved meter collar adapter in the aggregate if any deficiencies are found after installation that result in safety or operational concerns, if these concerns cannot be remediated by a customer for a specific installation or by a meter collar adapter manufacturer, in the aggregate. An EDC shall notify the Commission of plans to undertake such an action with an appropriate filing in Formal Case No. 1050, and shall be served on the Office of the People’s Counsel of the District of Columbia and other parties in accordance with 15 DCMR § 115.2.

History

SOURCE: Final Rulemaking published at 56 DCR 1415 (February 13, 2009); as amended by Final Rulemaking published at 66 DCR 01132 (January 25, 2019); as amended by Final Rulemaking published at 68 DCR 8244 (August 20, 2021); as amended by Final Rulemaking published at 72 DCR 012476 (November 7, 2025). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 4002

15 DCMR § 4003 INTERCONNECTION REVIEW LEVELS

4003.1 The EDC shall review Interconnection Requests using one (1) or more of the four (4) levels of review procedures established by this chapter. The EDC shall first use the level of agreement specified by the Interconnection Customer in the Interconnection Request form. If a Small Generator Facility fails a screen at any level, the EDC may elect to complete the evaluation at the current level, if safety and reliability are not adversely impacted, or at the next appropriate level. The EDC may not impose additional requirements not specifically authorized unless the EDC and the Interconnection Customer mutually agree to do so in writing.

4003.2 If an Interconnection Customer requests a Pre-Application Report from the EDC, the request shall include:

(a) Contact information (name, address, phone number and email).

(b) A proposed Point of Common Coupling, including latitude and longitude, site map, street address, utility equipment number (e.g., pole number), meter number, account number or some combination of the above sufficient to clearly identify the location of the Point of Common Coupling.

(d) A three hundred dollar ($300) non-refundable processing fee.

4003.3 For each Pre-Application Report requested, which includes the requisite information and fee, the EDC shall furnish a report, within ten (10) business days of receipt of the completed Pre-Application Report request, which:

Advises the Interconnection Customer that the existence of “Available Capacity” in no way implies that an interconnection up to this level may be completed without impacts since there are many variables studied as part of the interconnection review procedures.

Informs the Interconnection Customer that the Electric Distribution System is dynamic and subject to change.

Informs the Interconnection Customer that data provided in the Pre-Application Report may become outdated and not useful at the time of submission of the complete Interconnection Request.

Includes the following information, if available:

Total Capacity (MW) of substation/area bus or bank and distribution circuit likely to serve proposed Point of Common Coupling.

Allocated Capacity (MW) of substation/area bus or bank and distribution circuit likely to serve proposed Point of Common Coupling.

Queued Capacity (MW) of substation/area bus or bank and distribution circuit likely to serve proposed Point of Common Coupling.

Available Capacity (MW) of substation/area bus or bank and distribution circuit likely to serve proposed Point of Common Coupling.

Whether the proposed Small Generator Facility is located on an area, spot or radial network.

Substation nominal distribution voltage or transmission nominal voltage if applicable.

Nominal distribution circuit voltage at the proposed Point of Common Coupling.

Approximate distribution circuit distance between the proposed Point of Common Coupling and the substation.

Relevant Line Section(s) peak load estimate, and minimum load data, when available.

Number of protective devices and number of voltage regulating devices between the proposed Point of Common Coupling and the substation/area.

Whether or not three-phase power is available at the proposed Point of Common Coupling and/or distance from three-phase service.

Limiting conductor rating from proposed Point of Common Coupling to the electrical distribution substation.

Based on proposed Point of Common Coupling, existing or known constraints such as, but not limited to, electrical dependencies at that location, short circuit interrupting capacity issues, power quality or stability issues on the circuit, capacity constraints, or secondary networks.

The Pre-Application Report need only include pre-existing data. The EDC is not obligated in its preparation of a Pre-Application Report to conduct a study or other analysis of the proposed project if that data is not available. If the EDC cannot complete all or some of a Pre-Application Report due to lack of available data, the EDC will provide the potential Applicant with a Pre-Application Report that includes the information that is available and identify the information that is unavailable. Notwithstanding any of the provisions of this Section, the EDC shall, in good faith, provide Pre-Application Report data that represents the best available information at the time of reporting.

As an alternative to information required pursuant to § 4003.3 (d), the EDC may elect to perform a power flow-based study providing the Interconnection Customer with the maximum size of Small Generator Facility that can be installed at a specified location without any Distribution System Upgrades and constraints that would preclude the installation of a larger system. EDC shall make available, upon request, a copy of its power flow-based study for each Interconnection Customer to the Commission.

History

SOURCE: Final Rulemaking published at 56 DCR 1415 (February 13, 2009); as amended by Final Rulemaking published at 66 DCR 01132 (January 25, 2019); as amended by Final Rulemaking published at 68 DCR 8244 (August 20, 2021). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 4003

15 DCMR § 4004 LEVEL 1 INTERCONNECTION REVIEWS

4004.1 For Level 1 Interconnection Review, the EDC shall use Level 1 procedures for evaluation of all Interconnection Requests to connect inverter-based Small Generator Facilities.

4004.2 For Level 1 Adverse System Impact screens, the EDC shall evaluate the potential for Adverse System Impacts using the following screens, which must be satisfied:

The Small Generator Facility has a Nameplate Capacity of twenty (20) kW or less.

For interconnection of a proposed Small Generator Facility to a Line Section on a Radial Distribution Circuit, the aggregated generation on the Line Section, including the proposed Small Generator Facility and all other generator facilities capable of coincidental export of energy on the Line Section, shall not exceed the anticipated minimum load on the Line Section, as determined by the results of a power flow-based study performed by the EDC to evaluate the impact of the proposed Small Generator Facility. If such results are unavailable, the aforementioned aggregate generating capacity shall not exceed fifteen percent (15%) of the Line Section’s annual peak load as most recently measured at the substation or calculated for the Line Section. Should the EDC have previously identified the aforementioned Line Section as exceeding fifteen percent (15%) of the Line Section’s annual peak load, the EDC shall use its best efforts to complete a power-flow based study to evaluate the impact of the proposed Small Generator Facility as described herein. The EDC shall not fail the Small Generator Facility based solely on the application of the fifteen percent (15%) peak load limitation if the EDC has valid power flow-based study results that can be used to evaluate the impact of the proposed Small Generator Facility.

When a proposed Small Generator Facility is to be interconnected on a single-phase shared Secondary Line, the aggregate generation capacity on the shared Secondary Line, including the proposed Small Generator Facility, may not exceed twenty (20) kW.

When a proposed Small Generator Facility is single-phase and is to be interconnected on a transformer center tap neutral of a two hundred forty (240) volt service, its addition may not create an imbalance between the two (2) sides of the two hundred forty (240) volt service of more than twenty percent (20%) of the nameplate rating of the service transformer.

For interconnection of a Small Generator Facility within a Spot Network or Area Network, the aggregate generating capacity including the Small Generator Facility may exceed fifty percent (50%) of the network’s anticipated minimum load if the EDC determines that safety and reliability are not adversely impacted. If solar energy small generator facilities are used, only the anticipated daytime minimum load shall be considered. The EDC may select any of the following methods to determine the anticipated minimum load:

The network’s measured minimum load in the previous year, if available;

Five percent (5%) of the network’s maximum load in the previous year;

The Interconnection Customer’s good faith estimate, if provided; or

The EDC’s good faith estimate, if provided in writing to the Interconnection Customer, along with the reasons why the EDC considered the other methods to estimate minimum load inadequate.

No construction of facilities by the EDC on its own system other than metering is required in order to accommodate the Small Generator Facility.

If the Interconnection Request requires the construction of Interconnection Facilities or Distribution System Upgrades to accommodate the Small Generator Facility, the EDC shall continue its evaluation using Level 2 procedures, commencing at Subsection 4005.4 (d)(1), and the EDC shall notify the Interconnection Customer that it is continuing its evaluation using Level 2 procedures. The EDC may use results from a valid power flow-based study performed to evaluate the impact of the proposed Small Generator Facility, provided such results are not used to fail Subsections 4004.2 (c), (d), or (e) screens. EDC shall make available upon request a copy of its power flow-based study for each applicant to the Commission.

If a Small Generator Facility fails a Level 1 Adverse System Impact screen, the EDC may elect to complete the evaluation at Level 1, if safety and reliability are not adversely impacted, or at the next appropriate level.

4004.3 The Level 1 Interconnection Review shall be conducted in accordance with the following procedures:

The EDC shall, within five (5) business days after receipt of Part 1 of the Interconnection Request, notify the Interconnection Customer in writing or by electronic mail of the review results, which shall indicate that the Interconnection Request is complete or incomplete, and what materials, if any, are missing.

When an Interconnection Request is complete, the EDC shall assign the Interconnection Request a Queue Position.

Within five (5) business days after the EDC acknowledges receipt of a complete Interconnection Request, the EDC shall notify the Interconnection Customer of the Level 1 Adverse System Impact screening results. If the proposed interconnection meets all of the applicable Level 1 Adverse System Impact screens or the EDC determines that the Small Generator Facility can be interconnected safely and reliably to its system, the EDC shall provide the Interconnection Customer with an Approval to Install.

The EDC will provide an EDC-executed Interconnection Agreement within three (3) business days of issuing the Approval to Install.

Unless extended by mutual agreement of the Interconnection Customer and the EDC, within six (6) months of receiving an Approval to Install or six (6) months from the completion of any upgrades, whichever is later, the Interconnection Customer shall provide the EDC a completed Level 1 PART II - Small Generator Facility Interconnection Certificate of Completion Form, including the signed inspection certificate.

The EDC may, within ten (10) business days of receiving a completed Level 1 PART II – Small Generator Facility Interconnection Certificate of Completion Form and the inspection certificate from the Interconnection Customer, conduct a Witness Test at a time mutually agreeable to the Interconnection Customer and the EDC. If the Witness Test fails to reveal that all equipment has been appropriately installed and that all electrical connections have been made in accordance with applicable codes, the EDC shall offer to redo the Witness Test at the Interconnection Customer’s expense at a time mutually agreeable to the Interconnection Customer and the EDC. If the EDC determines that the Small Generator Facility fails the inspection, it must provide a written explanation detailing the reasons and any standards violated. If the EDC does not perform the Witness Test within ten (10) business days or other time as is mutually agreed to by the Interconnection Customer and the EDC, the Witness Test is deemed waived.

The EDC shall provide the Interconnection Customer with the Authorization to Operate within twenty (20) business days of receiving a completed Level 1 PART II - Small Generator Facility Interconnection Certificate of Completion Form, including the signed inspection certificate. An Interconnection Customer may begin interconnected operation of a Small Generator Facility provided that there is an Interconnection Agreement in effect, the EDC has received proof of the electrical code official’s approval, the Small Generator Facility has passed any Witness Test by the EDC, and the EDC has issued the Authorization to Operate.

The EDC may require the submission of photographs of the site, Small Generator Facility components, meters, or any other aspect of the Interconnection Facilities as part of the Level 1 Interconnection Review process, provided that failure to provide a photo in a timely manner will not be a reason for the EDC to deem an Interconnection Request incomplete.

4004.4 [RESERVED]

4004.5 [RESERVED]

4004.6 The EDC, at its sole option, may approve the Interconnection Request provided that such approval is consistent with safety and reliability. If the EDC cannot determine that the Small Generator Facility may nevertheless be interconnected consistent with safety, reliability, and power quality standards, the EDC shall provide the Interconnection Customer with detailed information on the reason(s) for failure in writing. In addition, the EDC shall either:

Notify Interconnection Customer that the EDC is continuing to evaluate the Small Generator Facility under Supplemental Review if the EDC concludes that the Supplemental Review might determine that the Small Generator Facility could continue to qualify for interconnection pursuant to Level 2; or

Offer to continue evaluating the Interconnection Request under Level 4.

4004.7 If, on an annual basis, the EDC fails to issue at least ninety percent (90%) of all Authorizations to Operate and Approvals to Install in the Level 1 interconnection process (as specified within the timeline(s) stipulated in Subsection 4004.3), it shall be required to develop a corrective action plan.

The corrective action plan shall describe the cause(s) of the EDC’s non-compliance with Subsection 4004.7, describe the corrective measure(s) to be taken to ensure that the standard is met or exceeded in the future, and set a target date for completion of the corrective measure(s). To the extent automation is an element of the corrective measure(s), this should be described in the plan.

Progress on current corrective action plans shall be included in the EDC’s Small Generator Interconnection Annual Report.

The EDC shall report the actual performance of compliance with Subsection 4004.7 during the reporting period in the Small Generator Interconnection Annual Report of the following year.

History

SOURCE: Final Rulemaking published at 56 DCR 1415 (February 13, 2009); as amended by Final Rulemaking published at 66 DCR 01132 (January 25, 2019); as amended by Final Rulemaking published at 68 DCR 8244 (August 20, 2021). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 4004

15 DCMR § 4005 LEVEL 2 INTERCONNECTION REVIEWS

4005.1 For a Level 2 Interconnection Review, the EDC shall use the Level 2 procedures for an Interconnection Request.

4005.2 For Level 2 Adverse System Impact screens, the EDC shall evaluate the potential for Adverse System Impacts using the following screens, which must be satisfied:

The Small Generator Facility Nameplate Capacity rating does not exceed the limits identified in the table below, which vary according to the voltage of the line at the proposed Point of Common Coupling. Small Generator Facilities located within two and a half (2.5) miles of a substation and on a main distribution line with a minimum six hundred (600)-amp capacity are eligible for Level 2 Interconnection Review under higher thresholds.

Line Capacity

Level 2 Eligibility

Regardless of location

On > 600 amp line and < 2.5 miles from substation

< 4 kV

< 1 MW

< 2 MW

4.1 kV – 14 kV

< 2 MW

< 3 MW

15 kV – 30 kV

< 3 MW

< 4 MW

31 kV – 60 kV

< 4 MW

< 5 MW

For interconnection of a proposed Small Generator Facility to a Radial Distribution Circuit, the Small Generator Facility aggregated with all other generation capable of coincidental exporting energy on the Line Section may not exceed the anticipated minimum load on the Line Section, as determined by the results of a power flow-based study performed by the EDC to evaluate the impact of the proposed Small Generator Facility. If such results are unavailable, the aforementioned aggregate generating capacity shall not exceed fifteen percent (15%) of the Line Section annual peak load, as most recently measured at the substation or calculated for the Line Section. Should the EDC have previously identified the aforementioned Line Section as exceeding fifteen percent (15%) of the Line Section’s annual peak load, the EDC shall use its best efforts to complete a power-flow based study to evaluate the impact of the proposed Small Generator Facility as described herein. The EDC shall not fail the Small Generator Facility based solely on the application of the fifteen percent (15%) peak load limitation if the EDC has valid power flow-based study results that can be used to evaluate the impact of the proposed Small Generator Facility.

For interconnection of a proposed Small Generator Facility within a Spot or Area Network, the proposed Small Generator Facility shall utilize an inverter-based equipment package and use a minimum import relay or other protective scheme that will ensure power imported from the EDC to the network will, during normal EDC operations, remain above twenty percent (20%) of the minimum load on the network transformer based on historical data, or will remain above an import point reasonably set by the EDC in good faith. For interconnection of a proposed Small Generator Facility within an Area Network, the proposed Small Generator Facility shall utilize an inverter-based equipment package and adhere to a maximum aggregate export level of eighty percent (80%) of the generation level that would cause reverse flow on a network transformer, or will remain below an export point reasonably set by the EDC in good faith. At the EDC’s discretion, the requirement for minimum import relays or other protective schemes may be waived.

The proposed Small Generator Facility, in aggregation with other generation on the distribution circuit, may not contribute more than ten percent (10%) to the distribution circuit’s maximum Fault Current at the point on the high voltage (primary) level nearest the Point of Common Coupling.

The proposed Small Generator Facility, in aggregate with other generation on the distribution circuit, may not cause any distribution protective devices and equipment (including substation breakers, fuse cutouts, and line reclosers), or EDC customer equipment on the Electric Distribution System, to exceed ninety percent (90%) of the short circuit interrupting capability. The Interconnection Request may not receive approval for interconnection on a circuit that already exceeds ninety percent (90%) of the short circuit interrupting capability.

The proposed Small Generator Facility’s Point of Common Coupling may not be on a transmission line.

The Small Generator Facility complies with the applicable type of interconnection, based on the table below. This screen includes a review of the type of electrical service provided to the Interconnecting Customer, including line configuration and the transformer connection to limit the potential for creating over-voltages on the EDC’s Electric Distribution System due to a loss of ground during the operating time of any anti-islanding function. This screen does not apply to Small Generator Facilities with a gross rating of 11 kVA or less.

Primary Distribution

Line Configuration

Type of Interconnection to be Made to the Primary Circuit

Results/Criteria

Three-phase, three-wire

Any type

Pass Screen

Three-phase, four-wire

Single-phase, line-to-neutral

Pass Screen

Three-phase, four-wire

(For any line that has such a section, or mixed three wire and four wire)

All Others

To pass, aggregate Small Generator Facility Nameplate Capacity must be less than or equal to 10% of Line Section peak load

When the proposed Small Generator Facility is to be interconnected on single-phase shared Secondary Line, the aggregate generation capacity on the shared Secondary Line, including the proposed Small Generator Facility, shall not exceed sixty-five percent (65%) of the transformer nameplate power rating.

When a proposed Small Generator Facility is single-phase and is to be interconnected on a transformer center tap neutral of a two hundred forty (240)-volt service, its addition may not create an imbalance between the two sides of the 240-volt service of more than twenty percent (20%) of the nameplate rating of the service transformer.

A Small Generator Facility, in aggregate with other generation interconnected to the distribution low-voltage side of a substation transformer feeding the electric distribution circuit where the Small Generator Facility proposes to interconnect, may not exceed 20MW in an area where there are known or posted transient stability limitations to generating units located in the general electrical vicinity (e.g., three (3) or four (4) transmission voltage level buses from the Point of Common Coupling), or the proposed Small Generator Facility shall not have interdependencies, known to the EDC, with earlier-queued Interconnection Requests.

Except as permitted by the modified Level 2 review process in Subsection 4005.6, no construction of facilities by the EDC on its own system other than metering shall be required to accommodate the Small Generator Facility.

The EDC may use results from a valid power flow-based study performed to evaluate the impact of the proposed Small Generator Facility, provided such results are not used to fail any of the Subsection 4005.2 (c), (d), (e), (f), (g), (h), (i), or (j) screens.

If a power-flow analysis is performed based on Subsections 4005.2 (b) or (l), the EDC shall make available upon request a copy of its power flow-based study for each applicant to the Commission.

4005.3 [RESERVED]

4005.4 The Level 2 Interconnection Review shall be conducted in accordance with the following procedures:

The EDC shall, within five (5) business days after receipt of Part 1 of the Interconnection Request, acknowledge, in writing or by electronic mail, receipt of the Interconnection Request, indicating whether it is complete or incomplete, and the appropriate application fee.

When the Interconnection Request is deemed incomplete, the EDC shall provide a written list detailing all information that must be provided to complete the request. The Interconnection Customer shall have ten (10) business days after receipt of the list to revise the Interconnection Request to include the requested information and resubmit the Interconnection Request or request an extension of time to provide such information. If the Interconnection Request is not resubmitted with the requested information within ten (10) business days, the Interconnection Request shall be deemed withdrawn. The EDC shall notify the Interconnection Customer within three (3) business days of receipt of a revised Interconnection Request whether the request is complete or incomplete. The EDC may deem the request withdrawn if it remains incomplete.

When an Interconnection Request is complete, the EDC shall assign a Queue Position.

Unless Subsection 4005.6 applies, within fifteen (15) business days after the EDC notifies the Interconnection Customer that it has received a completed Interconnection Request, the EDC shall evaluate the Interconnection Request using the Level 2 screening criteria and notify the Interconnection Customer whether the Small Generator Facility meets all of the applicable Level 2 Adverse System Impact screens. If the proposed interconnection meets all of the applicable Level 2 Adverse System Impact screens and the EDC determines that the Small Generator Facility can be interconnected safely and reliably to the Electric Distribution System, the EDC shall provide the Interconnection Customer an Approval to Install. The EDC shall provide an EDC-executed Interconnection Agreement within three (3) business days after notification of Level 2 issuance of the Approval to Install.

If the EDC requires the construction of Distribution System Upgrades during the Interconnection Request process, the EDC shall provide a technical explanation that reviews the need for the identified facilities and/or upgrades. The EDC shall demonstrate that required functionalities are not satisfied by employing IEEE STD 1547 certified and UL 1741 SA listed equipment.

If requested by the Interconnection Customer, and agreed to by the Interconnection Customer and the EDC, a Modified Level 1 or Level 2 Scoping Meeting shall be held within ten (10) business days, or other mutually agreed to time, after the EDC has notified the Interconnection Customer that Interconnection Facilities and/or a Distribution System Upgrade are being required by the EDC. The Modified Level 1 or Level 2 Scoping Meeting shall take place in person, by telephone, or electronically by a means mutually agreeable to the Interconnection Customer and the EDC. The purpose of this meeting shall be to review the Interconnection Request, existing studies relevant to the Interconnection Request, the conditions at the proposed location, the results of the Level 1 or Level 2 Adverse System Impact screening criteria, and provide a technical explanation in which the EDC reviews the need for the aforementioned facilities and/or system upgrade.

Unless extended by mutual agreement of the Interconnection Customer and the EDC, within twenty-four (24) months of receiving an Approval to Install or six (6) months of completion of any Distribution System Upgrades, whichever is later, the Interconnection Customer shall provide the EDC with the signed Level 2-4 Part II – Small Generator Interconnection Certificate of Completion, including the signed inspection certificate. An Interconnection Customer shall communicate with the EDC no less frequently than every six (6) months regarding the status of a proposed Small Generator Facility to which an Interconnection Agreement refers.

The EDC may conduct a Witness Test within ten (10) business days of receiving the completed Level 2-4 Part II – Small Generator Facility Interconnection Certificate of Completion and the signed inspection certificate from the Interconnection Customer, conduct a Witness Test at a time mutually agreeable to the Interconnection Customer and the EDC. If the Witness Test fails to reveal that all equipment has been appropriately installed and that all electrical connections have been made in accordance with applicable codes, the EDC shall offer to redo the Witness Test at the Interconnection Customer’s expense at a time mutually agreeable to the Interconnection Customer and the EDC. If the EDC determines that the Small Generator Facility fails the inspection it must provide a written explanation detailing the reasons and any standards violated. If the EDC does not perform the Witness Test within ten (10) business days or other such time as is mutually agreed to by the Interconnection Customer and the EDC, the Witness Test is deemed waived.

An Interconnection Customer may begin interconnected operation of a Small Generator Facility provided that there is an Interconnection Agreement in effect, the EDC has received proof of the electrical code official’s approval, the Small Generator Facility has passed any Witness Test by the EDC, and the EDC has issued the Authorization to Operate. Evidence of approval by an electric code official includes a signed inspection certificate.

The EDC may require the submission of photographs of the site, Small Generator Facility components, meters, or any other aspect of the Interconnection Facilities as part of the Level 2 Interconnection Review process, provided that failure to provide a photo in a timely manner will not be a reason for the EDC to deem an Interconnection Request incomplete.

4005.5 [RESERVED]

4005.6 Modifications to Level 2 Interconnection Review Process:

If the Interconnection Request requires only the addition of Interconnection Facilities to the Electric Distribution System, a non-binding good faith cost estimate and construction schedule for such upgrades, along with an Approval to Install, shall be provided within fifteen (15) business days after notification of the Level 2 Interconnection Review results.

If the Interconnection Request requires more than the addition of Interconnection Facilities to the Electric Distribution System, the EDC may elect to either provide a non-binding good faith cost estimate and construction schedule for such upgrades within thirty (30) business days after notification of the Level 2 Interconnection Review results, or the EDC may notify the Interconnection Customer that the EDC will need to complete a Facilities Study under Subsection 4007.2, paragraphs (d)(3), to determine the necessary Distribution System Upgrades and complete the construction.

The EDC shall design, procure, construct, install, and own any Distribution System Upgrades for a CREF. The Distribution System Upgrades costs shall be allocated as follows, subject to availability of funding.

The total Distribution System Upgrade costs for shared allocation as described in Subsection 4005.6 (c) (2) shall be capped at $500,000 per calendar year or as otherwise determined by the Commission.

If funding is available, Distribution System Upgrade cost responsibility shall be assigned as follows:

For Distribution System Upgrade costs of $50,000 or less, fifty percent (50%) of the costs shall be paid for by the CREF Interconnection Customer and fifty percent (50%) of the costs paid for by the EDC.

For Distribution System Upgrade costs of over $50,000, the portion paid by the EDC shall be capped at $25,000. The CREF Interconnection Customer shall pay the balance of the Distribution System Upgrade costs after the EDC portion has been subtracted.

4005.7 When a Small Generator Facility is not approved under a Level 2 review, the EDC, at its sole option, may approve the Interconnection Request, provided such approval is consistent with safety and reliability, and shall provide the Interconnection Customer an Approval to Install after the determination. If the EDC cannot determine that the Small Generator Facility may be interconnected consistent with safety, reliability, and power quality standards, the EDC shall provide the Interconnection Customer with detailed information on the reason(s) for failure in writing. In addition, the EDC shall either:

Notify Interconnection Customer that the EDC is continuing to evaluate the Interconnection Request under Supplemental Review if the EDC concludes that the Supplemental Review might determine that the Small Generator Facility could qualify for interconnection pursuant to Level 2; or

Offer to continue evaluating the Interconnection Request under Level 4.

4005.8 On an annual basis, if the EDC fails to issue at least ninety percent (90%) of all Approvals to Install in the Level 2 interconnection process (as specified within the timeline(s) specified in Subsections 4005.4 and 4005.6), and it shall be required to develop a corrective action plan.

(a) The corrective action plan shall describe the cause(s) of the EDC’s non-compliance with Subsection 4005.8, describe the corrective measure(s) to be taken to ensure that the standard is met or exceeded in the future, and set a target date for completion of the corrective measure(s). To the extent automation is an element of the corrective measure(s), this should be described in the plan.

(b) Progress on current corrective action plans shall be included in the EDC’s Small Generator Interconnection Annual Report.

The EDC shall report the actual performance of compliance with Subsection 4005.8 during the reporting period in the Small Generator Interconnection Annual Report of the following year, including milestones for the number of Interconnection Requests in total, number and percentage meeting timeline requirements for Approval to Install and estimated cost letter.

History

SOURCE: Final Rulemaking published at 56 DCR 1415 (February 13, 2009); as amended by Final Rulemaking published at 66 DCR 01132 (January 25, 2019); as amended by Final Rulemaking published at 68 DCR 8244 (August 20, 2021). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 4005

15 DCMR § 4006 LEVEL 3 INTERCONNECTION REVIEWS

4006.1 The EDC shall use Level 2 Interconnection Review procedures for evaluating Level 3 Interconnection Requests provided the proposed Small Generator Facility has a Nameplate Capacity rating not greater than 20MW and uses reverse power relays, minimum import relays, or other protective devices to assure that power may never be exported from the Small Generator Facility to the EDC’s electrical distribution system. An Interconnection Customer proposing to interconnect a Small Generator Facility to a spot or Area Network is not permitted under the Level 3 review process.

History

SOURCE: Final Rulemaking published at 56 DCR 1415 (February 13, 2009); as amended by Final Rulemaking published at 66 DCR 01132 (January 25, 2019); as amended by Final Rulemaking published at 68 DCR 8244 (August 20, 2021). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 4006

15 DCMR § 4007 LEVEL 4 INTERCONNECTION REVIEWS

4007.1 The EDC shall use the Level 4 Interconnection Review procedures for evaluating Interconnection Requests when:

The Interconnection Request was not approved under a Level 1, Level 2, or Level 3 Interconnection Review and the Interconnection Customer has submitted a new Interconnection Request for consideration under a Level 4 Interconnection Review or requested that the rejected Interconnection Request be treated as a Level 4 Interconnection Request; and

The Interconnection Request does not meet the criteria for qualifying for a review under Level 1, Level 2, or Level 3 Interconnection Review procedures.

4007.2 The Level 4 Interconnection Review shall be conducted in accordance with the following process:

Within five (5) business days from receipt of Part I of an Interconnection Request or transfer of an existing request to a Level 4 Interconnection Request, the EDC shall notify the Interconnection Customer whether the request is complete.

If the EDC requires the construction of Distribution System Upgrades during the Interconnection Request process, the EDC shall provide a technical explanation that justifies the need for the identified facilities and/or upgrades. The EDC shall demonstrate that required functionalities are not satisfied by employing IEEE STD 1547 certified and UL 1741 SA listed equipment.

When the Interconnection Request is deemed incomplete, the EDC shall provide the Interconnection Customer with a written list detailing information required to complete the Interconnection Request. The Interconnection Customer shall have twenty (20) business days to revise the Interconnection Request to include the requested information and resubmit the Interconnection Request, or the Interconnection Request shall be considered withdrawn. The Interconnection Customer and the EDC may agree to extend the time for receipt of the revised Interconnection Request. The EDC shall notify the Interconnection Customer within five (5) business days of receipt of the revised Interconnection Request whether the Interconnection Request is complete. The EDC may deem the Interconnection Request withdrawn if it remains incomplete.

When an Interconnection Request is complete, the EDC shall assign a Queue Position.

The following procedures shall be followed in performing a Level 4 Interconnection Review:

By mutual agreement of the Interconnection Customer and the EDC, the Scoping Meeting, interconnection feasibility study, interconnection impact study, or Facilities Study provided for in a Level 4 Interconnection Review and discussed in this paragraph may be waived;

If agreed to by the Interconnection Customer and the EDC, a Scoping Meeting shall be held within ten (10) business days, or other mutually agreed to time, after the EDC has notified the Interconnection Customer that the Interconnection Request is deemed complete, or the Interconnection Customer has requested that its Interconnection Request proceed after failing the requirements of a Level 2 Interconnection Review or Level 3 Interconnection Review. The Scoping Meeting shall take place in person, by telephone, or electronically by a means mutually agreeable to the Interconnection Customer and EDC. The purpose of the Scoping Meeting shall be to review the Interconnection Request; existing studies relevant to the Interconnection Request; the conditions at the proposed location including the available Fault Current at the proposed location, the existing peak loading on the lines in the general vicinity of the proposed Small Generator Facility, and the configuration of the distribution line at the proposed Point of Common Coupling; and the results of the Level 1, Level 2 or Level 3 Adverse System Impact screening criteria;

When the Interconnection Customer and EDC agree at a Scoping Meeting that an interconnection feasibility study shall be performed, and if the Interconnection Customer and EDC do not waive the interconnection impact study, the EDC shall provide to the Interconnection Customer, no later than five (5) business days after the Scoping Meeting, an Interconnection System Feasibility Study Agreement, including an outline of the scope of the study and a nonbinding good faith estimate of the cost and time to perform the study;

When the Interconnection Customer and EDC agree at a Scoping Meeting that an interconnection feasibility study is not required, and if the Interconnection Customer and EDC agree that an interconnection system impact study shall be performed, the EDC shall provide to the Interconnection Customer, no later than five (5) business days after the Scoping Meeting, an Interconnection System Impact Study Agreement, including an outline of the scope of the study and a nonbinding good faith estimate of the cost to perform the study; and

When the Interconnection Customer and EDC agree at the Scoping Meeting that an interconnection feasibility study and interconnection system impact study are not required, the EDC shall provide to the Interconnection Customer, no later than five (5) business days after the Scoping Meeting, an Interconnection Facilities Study Agreement including an outline of the scope of the study and a nonbinding good faith estimate of the cost to perform the study.

The EDC may elect to perform one or more of these studies concurrently.

Any required Adverse System Impact studies shall be carried out using the following guidelines:

An interconnection feasibility study shall include the following analyses and conditions for the purpose of identifying and addressing potential Adverse System Impact to the EDC’s Electric Distribution System that would result from the interconnection:

Initial identification of any circuit breaker short circuit capability limits exceeded as a result of the interconnection;

Initial identification of any thermal overload or voltage limit violations resulting from the interconnection;

Initial review of grounding requirements and system protection;

Description and nonbinding estimated cost of facilities required to interconnect the Small Generator Facility to the EDC’s Electric Distribution System in a safe and reliable manner; and

Additional evaluations, at the expense of the Interconnection Customer, when an Interconnection Customer requests that the interconnection feasibility study evaluate multiple potential Points of Common Coupling.

An interconnection system impact study shall evaluate the impacts of the proposed interconnection on both the safety and reliability of the EDC’s Electric Distribution System. The study shall identify and detail the Adverse System Impacts that result when a Small Generator Facility is interconnected without project modifications or Distribution System Upgrades, focusing on the Adverse System Impacts identified in the interconnection feasibility study or potential impacts including those identified in the Scoping Meeting. The interconnection system impact study shall consider all Small Generator Facilities that, on the date the interconnection system impact study is commenced, are directly interconnected with the EDC’s Electric Distribution System, have a pending higher Queue Position to interconnect to the system, or have a signed Interconnection Agreement.

A distribution interconnection system impact study shall be performed when a potential Electric Distribution System Adverse System Impact is identified in the interconnection feasibility study. The EDC shall send the Interconnection Customer an Interconnection System Impact Study Agreement within five (5) business days of transmittal of the interconnection feasibility study report. The agreement shall include an outline of the scope of the study and a good faith estimate of the cost to perform the study. The impact study shall include:

(i) A load flow study;

(ii) Identification of Affected Systems;

(iii) An analysis of equipment interrupting ratings;

(iv) A protection coordination study;

(v) Voltage drop and flicker studies;

(vi) Protection and set point coordination studies;

(vii) Grounding reviews; and

(viii) Impact on system operation.

An interconnection system impact study shall consider the following criteria:

(i) A short circuit analysis;

(ii) A stability analysis;

(iii) Alternatives for mitigating Adverse System Impacts on Affected Systems;

(iv) Voltage drop and flicker studies;

(v) Protection and set point coordination studies; and

(vi) Grounding reviews.

The final interconnection system impact study shall provide the following:

(i) The underlying assumptions of the study;

(ii) The results of the analyses;

(iii) A list of any potential impediments to providing the requested interconnection service;

(iv) Required Distribution System Upgrades; and

(v) A nonbinding good faith estimate of cost and time to construct any required Distribution System Upgrades.

The Interconnection Customer and EDC shall use an Interconnection System Impact Study Agreement approved by the Commission.

The Facilities Study shall be conducted as follows:

Within five (5) business days of completion of the interconnection system impact study, the EDC shall transmit a report to the Interconnection Customer with an Interconnection Facilities Study Agreement, which includes an outline of the scope of the study and a nonbinding good faith estimate of the cost and time to perform the study;

The Facilities Study shall estimate the cost of the equipment, engineering, procurement and construction work including overheads needed to implement the conclusions of the interconnection feasibility study and the interconnection system impact study to interconnect the Small Generator Facility. The Facilities Study shall identify:

(i) The electrical switching configuration of the equipment, including transformer, switchgear, meters and other station equipment;

(ii) The nature and estimated cost of the EDC’s Interconnection Facilities and Distribution System Upgrades necessary to accomplish the interconnection; and

(iii) An estimate of the time required to complete the construction and installation of the facilities.

The Interconnection Customer and EDC may agree to permit an Interconnection Customer to separately arrange for a third party to design and construct the required Interconnection Facilities. The EDC may review the design of the facilities under the Interconnection Facilities Study Agreement. When the Interconnection Customer and EDC agree to separately arrange for design and construction and to comply with security and confidentiality requirements, the EDC shall make all relevant information and required specifications available to the Interconnection Customer to permit the Interconnection Customer to obtain an independent design and cost estimate for the facilities, which shall be built in accordance with the specifications;

Upon completion of the Facilities Study and with the agreement of the Interconnection Customer to pay for the Interconnection Facilities and Distribution System Upgrades identified in the Facilities Study, the EDC shall issue the Approval to Install; and

The Interconnection Customer and EDC shall use an Interconnection Facilities Study Agreement approved by the Commission.

Upon completion or waiver of procedures defined in Subsection 4007.2 (c) as mutually agreed by the Interconnection Customer and EDC and the EDC determines that the Small Generator Facility can be interconnected safely and reliably to the Electric Distribution System, the EDC shall provide the Interconnection Customer with an Approval to Install. If the Interconnection Request is denied, the EDC shall provide a written explanation.

When Distribution System Upgrades are required, the interconnection of the Small Generator Facility shall proceed according to milestones agreed to by the Interconnection Customer and EDC in the Interconnection Agreement. The Authorization to Operate may not be issued until:

(1) The milestones agreed to in the Interconnection Agreement are satisfied;

(2) The Small Generator Facility is approved by electric code officials with jurisdiction over the interconnection;

(3) The Interconnection Customer provides a Certificate of Completion to the EDC. Completion of local inspections may be designated on inspection forms used by local inspecting authorities; and

(4) There is a successful completion of the Witness Test per the terms and conditions found in the Standard Agreement for Interconnection of Small Generator Facilities, unless waived.

The EDC may require the submission photographs of the site, Small Generator Facility components, meters or any other aspect of the Interconnection Facilities as part of the Level 4 Interconnection Review process, provided that failure to provide a photo in a timely manner will not be a reason for the EDC to deem an Interconnection Request incomplete.

4007.3 An interconnection system impact study is not required when the interconnection feasibility study concludes there is no Adverse System Impact, or when the study identifies an Adverse System Impact, but the EDC is able to identify a remedy without the need for an interconnection system impact study.

4007.4 The Interconnection Customer and EDC shall use a form of Interconnection Feasibility Study Agreement approved by the Commission.

History

SOURCE: Final Rulemaking published at 56 DCR 1415 (February 13, 2009); as amended by Final Rulemaking published at 66 DCR 01132 (January 25, 2019); as amended by Final Rulemaking published at 68 DCR 8244 (August 20, 2021). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 4007

15 DCMR § 4008 TECHNICAL REQUIREMENTS

4008.1 Unless one or more of the listed standards are waived by the EDC, a Small Generator Facility must comply with the technical standards listed in Subsection 4002.1, as applicable.

4008.2 When an Interconnection Request is for a Small Generator Facility that includes multiple energy production devices at a site for which the Interconnection Customer seeks a single Point of Common Coupling, the Interconnection Request shall be evaluated on the basis of the aggregate Nameplate Capacity of multiple devices.

4008.3 When an Interconnection Request is for an increase in capacity for an existing Small Generator Facility, the Interconnection Request shall be evaluated on the basis of the new total Nameplate Capacity of the Small Generator Facility.

4008.4 The EDC shall maintain records of the following for a minimum of three (3) years:

(a) The total number and the Nameplate Capacity of the Interconnection Requests received, approved, and denied under Level 1, Level 2, Level 3, and Level 4 reviews;

(b) The number of Interconnection Requests that were not processed within the timelines established in this rule;

(c) The number of Scoping Meetings held and the number of feasibility studies, impact studies, and Facility Studies performed, and the fees charged for these studies;

(d) The justifications for the actions taken to deny Interconnection Requests; and

(e) Any special operating requirements required in Interconnection Agreements that are not part of the EDC’s written and published operating procedures applicable to Small Generator Facilities.

4008.5 The EDC shall provide a report to the Commission containing the information required in Subsection 4008.4, paragraphs (a)-(e) within ninety (90) calendar days of the close of each year.

(a) The EDC shall include the estimated total amount of renewable energy credits to be obtained from solar energy systems meeting the requirements of D.C. Official Code § 34-1432 (e)(1) for which interconnection requests have been submitted in the previous six (6) months in its Quarterly Interconnection Report filed in accordance with Commission Order No. 18575.

(b) The EDC shall provide a public and confidential list of final interconnection approvals for renewable generators (name, address, capacity (DC and AC), and system type) on the 15th of each month, for the previous month’s interconnections.

4008.6 The EDC shall designate a contact person and provide the designee’s contact information on its website. The EDC shall also provide the Commission’s website for submission of all Interconnection Requests and from whom information on the Interconnection Request process and the EDC’s Electric Distribution System can be obtained regarding a proposed project. The information shall include studies and other materials useful to understand the feasibility of interconnecting a Small Generator Facility at a particular point on the EDC’s Electric Distribution System, except to the extent that providing the materials would violate security requirements or confidentiality agreements, or would otherwise be contrary to District or federal law/regulations. In appropriate circumstances, the EDC may require a confidentiality agreement prior to release of information.

4008.7 When an Interconnection Request is deemed complete, a modification other than a minor equipment modification that is not agreed to in writing by the EDC, shall require submission of a new Interconnection Request.

4008.8 When an Interconnection Customer is not currently a customer of the EDC at the proposed site, the Interconnection Customer, upon request from the EDC, shall provide proof of site control evidenced by a property tax bill, deed, lease agreement, or other legally binding contract.

4008.9 To minimize the cost of interconnecting multiple Small Generator Facilities, the EDC or the Interconnection Customer may propose a single Point of Common Coupling for multiple Small Generator Facilities located at a single site. If the Interconnection Customer rejects the EDC’s proposal for a single Point of Common Coupling, the Interconnection Customer shall pay the additional cost, if any, of providing a separate Point of Common Coupling for each Small Generator Facility. If the EDC rejects the customer’s proposal for a single Point of Common Coupling without providing a written technical explanation, the EDC shall pay the additional cost, if any, of providing a separate Point of Common Coupling for each Small Generator Facility.

4008.10 Small Generator Facilities shall be capable of being isolated from the EDC. For all Small Generator Facilities interconnecting to a Primary Line, the isolation shall be by means of a lockable, visible-break isolation device accessible by the EDC. For all Small Generator Facilities interconnecting to a Secondary Line, the isolation shall be by means of a lockable isolation device whose status is clearly indicated and is accessible by the EDC. The isolation device shall be installed, owned and maintained by the owner of the Small Generator Facility and located between the Small Generator Facility and the Point of Common Coupling. A Draw-out Type Circuit Breaker with a provision for padlocking at the draw-out position can be considered an isolation device for purposes of this requirement.

4008.11 The Interconnection Customer may elect to provide the EDC access to an isolation device that is contained in a building or area that may be unoccupied and locked or not otherwise readily accessible to the EDC, by installing a lockbox provided by the EDC that shall provide ready access to the isolation device. The Interconnection Customer shall install the lockbox in a location that is readily accessible by the EDC, and the Interconnection Customer shall permit the EDC to affix a placard in a location of its choosing that provides clear instructions to the EDC’s operating personnel on access to the isolation device. In the event that the Interconnection Customer fails to comply with the terms of this subsection and the EDC needs to gain access to the isolation device, the EDC shall not be held liable for any damages resulting from any necessary EDC action to isolate the Interconnection Customer.

4008.12 Any metering necessitated by a Small Generator Facility interconnection shall be installed, operated, and maintained in accordance with applicable tariffs. Any such metering requirements shall be clearly identified as part of the Interconnection Agreement executed by the Interconnection Customer and the EDC. The EDC is not responsible for installing, operating, or maintaining customer-owned meters.

4008.13 [RESERVED]

4008.14 [RESERVED]

4008.15 The Interconnection Customer shall design its Small Generator Facility to maintain a composite power delivery at continuous rated power output at the Point of Common Coupling at a power factor within the power factor range required by the EDC’s applicable tariff for a comparable load customer. The EDC may also require the Interconnection Customer to follow a voltage or VAR schedule if such schedules are applicable to similarly situated generators in the control area on a comparable basis and have been approved by the Commission. The specific requirements for meeting a voltage or VAR schedule shall be clearly specified in Attachment 3 of the “District of Columbia Small Generator Interconnection Rule Level 2-4 Standard Agreement for Interconnection of Small Generator Facilities”. Under no circumstance shall these additional requirements for reactive power or voltage support exceed the normal operating capabilities of the Small Generator Facility.

4008.16 For retail interconnection non-exporting Energy Storage devices, the load aspects of the storage devices will be treated the same as other load from customers, based on incremental net load.

4008.17 Interconnection of Energy Storage facilities should comply with IEEE Standard 1547 technical & test specifications and requirements.

4008.18 The Energy Storage overcurrent protection (charge/discharge) ratings from inverter nameplate shall not exceed EDC capabilities.

4008.19 In front of the meter Energy Storage exporting systems will be subject to Level 4 review requirements.

4008.20 When a Microgrid reconnects to the EDC, the Microgrid must be synchronized to the grid, matching: (1) voltage, (2) frequency, and (3) phase angle. This should require an asynchronous interconnection.

4008.21 At all interconnection levels, the power conversion system performing energy conversion/control at the Point of Common Coupling must be equipped to communicate system characteristics over secured EDC protocol.

4008.22 Inverters shall meet the safety requirements of UL 1741 and 12 months after the publication of UL 1741 SA (Supplement A) utility-interactive inverters shall meet the specifications of UL 1741 SA.

History

SOURCE: Final Rulemaking published at 56 DCR 1415 (February 13, 2009); as amended by Final Rulemaking published at 66 DCR 01132 (January 25, 2019); as amended by Final Rulemaking published at 68 DCR 8244 (August 20, 2021). The PJM Manual, PJM Manual 14G, “Generation Interconnection Requests” Attachment C, which is available at: https://www.pjm.com/-/media/documents/manuals/m14g.ashx, shall be used as a guide (but not a requirement) to detail and illustrate the interconnection protection requirements that are provided in IEEE Standard 1547. District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 4008

15 DCMR § 4009 DISPUTES

4009.1 A party shall attempt to resolve all disputes regarding interconnection as provided in the DCSGIR promptly, equitably, and in a good faith manner.

4009.2 When a dispute arises, a party may seek immediate resolution through complaint procedures available through the Commission by providing written notice to the Commission and the other party stating the issues in dispute.

4009.3 When disputes relate to the technical application of the DCSGIR, the Commission may designate a technical consultant to resolve the dispute. Upon Commission designation, the Interconnection Customer and EDC shall use the technical consultant to resolve disputes related to interconnection. Estimated costs for a dispute resolution conducted by the technical consultant shall be established by the technical consultant and subject to review by the Commission.

4009.4 Pursuit of dispute resolution shall not affect an Interconnection Customer with regard to consideration of an Interconnection Request or an Interconnection Customer’s Queue Position.

History

SOURCE: Final Rulemaking published at 56 DCR 1415 (February 13, 2009); as amended by Final Rulemaking published at 66 DCR 01132 (January 25, 2019); as amended by Final Rulemaking published at 68 DCR 8244 (August 20, 2021). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 4009

15 DCMR § 4010 WAIVER

4010.1 The Commission may upon request, or on its own initiative after notice to the parties of its intention do so, waive any provision of this chapter for good cause.

History

SOURCE: Final Rulemaking published at 56 DCR 1415 (February 13, 2009); as amended by Final Rulemaking published at 66 DCR 01132 (January 25, 2019); as amended by Final Rulemaking published at 67 DCR 11091 (September 18, 2020). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 4010

15 DCMR § 4011 SUPPLEMENTAL REVIEW

Within twenty (20) business days of determining that Supplemental Review is appropriate, the EDC shall perform Supplemental Review using the screens set forth below, notify the Interconnection Customer of the results, and include with the notification a written report of the analyses and data underlying the EDC’s determinations under the screens.

Where twelve (12) months of Line Section minimum load data is available, can be calculated, can be estimated from existing data, or can be determined from a power flow model, the aggregate Small Generator Facility Nameplate Capacity on the Line Section is less than one hundred percent (100%) of the minimum load for all Line Sections bounded by automatic sectionalizing devices upstream of the proposed Small Generator Facility. If the minimum load data is not available, or cannot be calculated or estimated, the aggregate Small Generator Facility Nameplate Capacity on the Line Section is less than thirty percent (30%) of the peak load for all Line Sections bounded by automatic sectionalizing devices upstream of the proposed Small Generator Facility.

The type of generation used by the proposed Small Generator Facility will be taken into account when calculating, estimating, or determining circuit or Line Section minimum load relevant for the application of this screen. Solar photovoltaic (PV) generation systems with no battery storage use daytime minimum load (e.g., 8 a.m. to 6 p.m.), while all other generation uses absolute minimum load.

When this screen is being applied to a Small Generator Facility that serves some onsite electrical load, all generation will be considered as part of the aggregate generation. If a Small Generator Facility uses Energy Storage without energy production equipment, and incorporates controls which limit Energy Storage discharge schedule to periods that are fixed and known to the EDC, the EDC shall consider the Energy Storage discharge schedule when calculating, estimating, or determining circuit or Line Section minimum load relevant for the application of this screen

In aggregate with existing generation on the Line Section:

The voltage regulation on the Line Section can be maintained in compliance with relevant requirements under all system conditions;

The voltage fluctuation is within acceptable limits as defined by IEEE Standard 1453 or Good Utility Practice similar to IEEE Standard 1453; and

The harmonic levels meet IEEE 519 limits at the Point of Common Coupling.

The locations of the proposed Small Generator Facility and the aggregate Small Generator Facility Nameplate Capacity on the Line Section do not create impacts to safety or reliability that cannot be adequately addressed without application of Level 4 Interconnection Review procedures. The EDC may consider the following factors and others in determining potential impacts to safety and reliability in applying this screen.

Whether the Line Section has significant minimum loading levels dominated by a small number of customers (i.e., several large commercial customers);

If there is an even or uneven distribution of loading along the feeder;

If the proposed Small Generator Facility is located in close proximity to the substation (i.e., < 2.5 electrical line miles), and if the distribution line from the substation to the Small Generator Facility is composed of large conductor/feeder section (i.e., 600A class cable);

If the proposed Small Generator Facility incorporates a time delay function to prevent reconnection of the generator to the Electric Distribution System until system voltage and frequency are within normal limits for a prescribed time;

If operational flexibility is reduced by the proposed Small Generator Facility, such that transfer of the Line Section(s) of the Small Generator Facility to a neighboring distribution circuit/substation may trigger overloads or voltage issues; and/or

If the proposed Small Generator Facility utilizes certified anti-islanding functions and equipment.

Modifications to the Electric Distribution System required by interconnections based on the Supplemental Review shall be treated in the following manner:

If the Interconnection Request requires only Interconnection Facilities to the Electric Distribution System, a non-binding good faith cost estimate and construction schedule for the Interconnection Facilities to the Electric Distribution System, along with an Approval to Install, shall be provided within fifteen (15) business days after notification of the Supplemental Review results; or

If the Interconnection Request requires more than the addition of Interconnection Facilities, the EDC may elect to provide a non-binding good faith cost estimate and construction schedule for such Distribution System Upgrades within thirty (30) business days after notification of the Supplemental Review results, or the EDC may notify the Interconnection Customer that the EDC will need to complete a Facilities Study under Level 4 Interconnection Review to determine the cost estimate and construction schedule for necessary Distribution System Upgrades.

If the proposed interconnection meets all of the applicable Adverse System Impact screens and the EDC determines that the Small Generator Facility can be interconnected safely and reliably to the Electric Distribution System, the EDC shall provide the Interconnection Customer an Approval to Install.

An Interconnection Customer that receives an Approval to Install shall provide the Small Generator Interconnection Part II – Certificate of Completion and signed inspection certificate in the following timeframes:

For Level 1 Interconnection Requests: Unless extended by mutual agreement of the Interconnection Customer and EDC, within six (6) months of receipt of the Approval to Install or six (6) months from the completion of any Distribution System Upgrades, whichever is later, the Interconnection Customer shall provide to the EDC the Level 1 Small Generator Interconnection Part II – Certificate of Completion, including the signed inspection certificate.

For Level 2 and 3 Interconnection Requests: Unless extended by mutual agreement of the Interconnection Customer and EDC, within twenty-four (24) months from an Interconnection Customer’s receipt of the Approval to Install or six (6) months of completion of any Distribution System Upgrades, whichever is later, the Interconnection Customer shall provide to the EDC the Level 2-4 Small Generator Interconnection Part II – Certificate of Completion, including the signed certificate of inspection. An interconnection customer shall communicate with the EDC no less frequently than every six (6) months regarding the status of a proposed small generator facility to which an Interconnection Agreement refers.

The EDC may conduct a Witness Test within ten (10) business days’ of issuing the Authorization to Operate at a time mutually agreeable to the Interconnection Customer and EDC. If a Small Generator Facility initially fails the test, the EDC shall offer to redo the Witness Test at the Interconnection Customer’s expense at a time mutually agreeable to the Interconnection Customer and EDC. If the EDC determines that the Small Generator Facility fails the Witness Test it must provide a written explanation detailing the reasons and any standards violated.

Upon EDC’s issuance of the Authorization to Operate, an Interconnection Customer may begin interconnected operation of a Small Generator Facility, provided that there is an Interconnection Agreement in effect, the Small Generator Facility has passed any Witness Test required by the EDC, and that the Small Generator Facility has passed any inspection required by the EDC. Evidence of approval by an electric code official includes a signed inspection certificate.

As an alternative to the Supplemental Review procedures prescribed in this section, the EDC may elect to perform a power flow-based study, providing the Interconnection Customer with the results and the required mitigation, if necessary. The EDC shall make available, upon request, a copy of its power flow-based study for each applicant to the Commission within thirty (30) business days after analysis completion.

The EDC may require photographs of the site, Small Generator Facility components, meters or any other aspect of the Interconnection Facilities as part of the Supplemental Review process.

History

SOURCE: Final Rulemaking published at 56 DCR 1415 (February 13, 2009); as amended by Final Rulemaking published at 66 DCR 01132 (January 25, 2019); as amended by Final Rulemaking published at 68 DCR 8244 (August 20, 2021). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 4011

15 DCMR § 4012 APPLICANT OPTIONS MEETING

If the EDC determines the Interconnection Request cannot be approved without evaluation under Level 4 Interconnection Review, at the time the EDC notifies the Interconnection Customer of either the Level 1, 2, or 3 Interconnection Review, or Supplemental Review, results, it shall provide the Interconnection Customer the option of proceeding to a Level 4 Interconnection Review or of participating in an applicant options meeting with the EDC to review possible Small Generator Facility modifications or the screen analysis and related results, to determine what further steps are needed to permit the Small Generator Facility to be connected safely and reliably. The Interconnection Customer shall notify the EDC that it requests an applicant options meeting or that it would like to proceed to Level 4 Interconnection Review in writing within fifteen (15) business days of the EDC’s notification or the Interconnection Request shall be deemed withdrawn. If the Interconnection Customer requests an applicant options meeting, the EDC shall offer to convene a meeting at a mutually agreeable time within the next fifteen (15) business days.

History

SOURCE: Final Rulemaking published at 56 DCR 1415 (February 13, 2009); as amended by Final Rulemaking published at 66 DCR 01132 (January 25, 2019); as amended by Final Rulemaking published at 68 DCR 8244 (August 20, 2021). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 4012

15 DCMR § 4013 (Reserved)

History

SOURCE: As amended by Final Rulemaking published at 56 DCR 1415, 1418 (February 13, 2009).

15 DCMR § 4014 (Reserved)

History

SOURCE: As amended by Final Rulemaking published at 56 DCR 1415, 1418 (February 13, 2009).

15 DCMR § 4015 (Reserved)

History

SOURCE: As amended by Final Rulemaking published at 56 DCR 1415, 1418 (February 13, 2009).

15 DCMR § 4016 (Reserved)

History

SOURCE: As amended by Final Rulemaking published at 56 DCR 1415, 1418 (February 13, 2009).

15 DCMR § 4017 (Reserved)

History

SOURCE: As amended by Final Rulemaking published at 56 DCR 1415, 1418 (February 13, 2009).

15 DCMR § 4018 (Reserved)

History

SOURCE: As amended by Final Rulemaking published at 56 DCR 1415, 1418 (February 13, 2009).

15 DCMR § 4019 (Reserved)

History

SOURCE: As amended by Final Rulemaking published at 56 DCR 1415, 1418 (February 13, 2009).

15 DCMR § 4020 (Reserved)

History

SOURCE: As amended by Final Rulemaking published at 56 DCR 1415, 1418 (February 13, 2009).

15 DCMR § 4021 (Reserved)

History

SOURCE: As amended by Final Rulemaking published at 56 DCR 1415, 1418 (February 13, 2009).

15 DCMR § 4022 (Reserved)

History

SOURCE: As amended by Final Rulemaking published at 56 DCR 1415, 1418 (February 13, 2009).

15 DCMR § 4023 (Reserved)

History

SOURCE: As amended by Final Rulemaking published at 56 DCR 1415, 1418 (February 13, 2009).

15 DCMR § 4024 (Reserved)

History

SOURCE: As amended by Final Rulemaking published at 56 DCR 1415, 1418 (February 13, 2009).

15 DCMR § 4025 (Reserved)

History

SOURCE: As amended by Final Rulemaking published at 56 DCR 1415, 1418 (February 13, 2009).

15 DCMR § 4026 (Reserved)

History

SOURCE: As amended by Final Rulemaking published at 56 DCR 1415, 1418 (February 13, 2009).

15 DCMR § 4027 (Reserved)

History

SOURCE: As amended by Final Rulemaking published at 56 DCR 1415, 1418 (February 13, 2009).

15 DCMR § 4028 (Reserved)

History

SOURCE: As amended by Final Rulemaking published at 56 DCR 1415, 1418 (February 13, 2009).

15 DCMR § 4029 (Reserved)

History

SOURCE: As amended by Final Rulemaking published at 56 DCR 1415, 1418 (February 13, 2009).

15 DCMR § 4030 (Reserved)

History

SOURCE: As amended by Final Rulemaking published at 56 DCR 1415, 1418 (February 13, 2009).

15 DCMR § 4031 (Reserved)

History

SOURCE: As amended by Final Rulemaking published at 56 DCR 1415, 1418 (February 13, 2009).

15 DCMR § 4032 (Reserved)

History

SOURCE: As amended by Final Rulemaking published at 56 DCR 1415, 1418 (February 13, 2009).

15 DCMR § 4033 (Reserved)

History

SOURCE: As amended by Final Rulemaking published at 56 DCR 1415, 1418 (February 13, 2009).

15 DCMR § 4034 (Reserved)

History

SOURCE: As amended by Final Rulemaking published at 56 DCR 1415, 1418 (February 13, 2009).

15 DCMR § 4035 (Reserved)

History

SOURCE: As amended by Final Rulemaking published at 56 DCR 1415, 1418 (February 13, 2009).

15 DCMR § 4036 (Reserved)

History

SOURCE: As amended by Final Rulemaking published at 56 DCR 1415, 1418 (February 13, 2009).

15 DCMR § 4037 (Reserved)

History

SOURCE: As amended by Final Rulemaking published at 56 DCR 1415, 1418 (February 13, 2009).

15 DCMR § 4038 (Reserved)

History

SOURCE: As amended by Final Rulemaking published at 56 DCR 1415, 1418 (February 13, 2009).

15 DCMR § 4039 (Reserved)

History

SOURCE: As amended by Final Rulemaking published at 56 DCR 1415, 1418 (February 13, 2009).

15 DCMR § 4040 (Reserved)

History

SOURCE: As amended by Final Rulemaking published at 56 DCR 1415, 1418 (February 13, 2009).

15 DCMR § 4041 (Reserved)

History

SOURCE: As amended by Final Rulemaking published at 56 DCR 1415, 1418 (February 13, 2009).

15 DCMR § 4042 (Reserved)

History

SOURCE: As amended by Final Rulemaking published at 56 DCR 1415, 1418 (February 13, 2009).

15 DCMR § 4043 (Reserved)

History

SOURCE: As amended by Final Rulemaking published at 56 DCR 1415, 1418 (February 13, 2009).

15 DCMR § 4044 (Reserved)

History

SOURCE: As amended by Final Rulemaking published at 56 DCR 1415, 1418 (February 13, 2009).

15 DCMR § 4045 (Reserved)

History

SOURCE: As amended by Final Rulemaking published at 56 DCR 1415, 1418 (February 13, 2009).

15 DCMR § 4046 (Reserved)

History

SOURCE: As amended by Final Rulemaking published at 56 DCR 1415, 1418 (February 13, 2009).

15 DCMR § 4047 (Reserved)

History

SOURCE: As amended by Final Rulemaking published at 56 DCR 1415, 1418 (February 13, 2009).

15 DCMR § 4048 (Reserved)

History

SOURCE: As amended by Final Rulemaking published at 56 DCR 1415, 1418 (February 13, 2009).

15 DCMR § 4049 (Reserved)

History

SOURCE: As amended by Final Rulemaking published at 56 DCR 1415, 1418 (February 13, 2009).

15 DCMR § 4050 (Reserved)

History

SOURCE: As amended by Final Rulemaking published at 56 DCR 1415, 1418 (February 13, 2009).

15 DCMR § 4051 (Reserved)

History

SOURCE: As amended by Final Rulemaking published at 56 DCR 1415, 1418 (February 13, 2009).

15 DCMR § 4052 (Reserved)

History

SOURCE: As amended by Final Rulemaking published at 56 DCR 1415, 1418 (February 13, 2009).

15 DCMR § 4053 (Reserved)

History

SOURCE: As amended by Final Rulemaking published at 56 DCR 1415, 1418 (February 13, 2009).

15 DCMR § 4054 (Reserved)

History

SOURCE: As amended by Final Rulemaking published at 56 DCR 1415, 1418 (February 13, 2009).

15 DCMR § 4055 (Reserved)

History

SOURCE: As amended by Final Rulemaking published at 56 DCR 1415, 1418 (February 13, 2009).

15 DCMR § 4056 (Reserved)

History

SOURCE: As amended by Final Rulemaking published at 56 DCR 1415, 1418 (February 13, 2009).

15 DCMR § 4057 (Reserved)

History

SOURCE: As amended by Final Rulemaking published at 56 DCR 1415, 1418 (February 13, 2009).

15 DCMR § 4058 (Reserved)

History

SOURCE: As amended by Final Rulemaking published at 56 DCR 1415, 1418 (February 13, 2009).

15 DCMR § 4059 (Reserved)

History

SOURCE: As amended by Final Rulemaking published at 56 DCR 1415, 1418 (February 13, 2009).

15 DCMR § 4060 (Reserved)

History

SOURCE: As amended by Final Rulemaking published at 56 DCR 1415, 1418 (February 13, 2009).

15 DCMR § 4061 (Reserved)

History

SOURCE: As amended by Final Rulemaking published at 56 DCR 1415, 1418 (February 13, 2009).

15 DCMR § 4062 (Reserved)

History

SOURCE: As amended by Final Rulemaking published at 56 DCR 1415, 1418 (February 13, 2009).

15 DCMR § 4063 (Reserved)

History

SOURCE: As amended by Final Rulemaking published at 56 DCR 1415, 1418 (February 13, 2009).

15 DCMR § 4064 (Reserved)

History

SOURCE: As amended by Final Rulemaking published at 56 DCR 1415, 1418 (February 13, 2009).

15 DCMR § 4065 (Reserved)

History

SOURCE: As amended by Final Rulemaking published at 56 DCR 1415, 1418 (February 13, 2009).

15 DCMR § 4066 (Reserved)

History

SOURCE: As amended by Final Rulemaking published at 56 DCR 1415, 1418 (February 13, 2009).

15 DCMR § 4067 (Reserved)

History

SOURCE: As amended by Final Rulemaking published at 56 DCR 1415, 1418 (February 13, 2009).

15 DCMR § 4068 (Reserved)

History

SOURCE: As amended by Final Rulemaking published at 56 DCR 1415, 1418 (February 13, 2009).

15 DCMR § 4069 (Reserved)

History

SOURCE: As amended by Final Rulemaking published at 56 DCR 1415, 1418 (February 13, 2009).

15 DCMR § 4070 (Reserved)

History

SOURCE: As amended by Final Rulemaking published at 56 DCR 1415, 1418 (February 13, 2009).

15 DCMR § 4071 (Reserved)

History

SOURCE: As amended by Final Rulemaking published at 56 DCR 1415, 1418 (February 13, 2009).

15 DCMR § 4072 (Reserved)

History

SOURCE: As amended by Final Rulemaking published at 56 DCR 1415, 1418 (February 13, 2009).

15 DCMR § 4073 (Reserved)

History

SOURCE: As amended by Final Rulemaking published at 56 DCR 1415, 1418 (February 13, 2009).

15 DCMR § 4074 (Reserved)

History

SOURCE: As amended by Final Rulemaking published at 56 DCR 1415, 1418 (February 13, 2009).

15 DCMR § 4075 (Reserved)

History

SOURCE: As amended by Final Rulemaking published at 56 DCR 1415, 1418 (February 13, 2009).

15 DCMR § 4076 (Reserved)

History

SOURCE: As amended by Final Rulemaking published at 56 DCR 1415, 1418 (February 13, 2009).

15 DCMR § 4077 (Reserved)

History

SOURCE: As amended by Final Rulemaking published at 56 DCR 1415, 1418 (February 13, 2009).

15 DCMR § 4078 (Reserved)

History

SOURCE: As amended by Final Rulemaking published at 56 DCR 1415, 1418 (February 13, 2009).

15 DCMR § 4079 (Reserved)

History

SOURCE: As amended by Final Rulemaking published at 56 DCR 1415, 1418 (February 13, 2009).

15 DCMR § 4080 (Reserved)

History

SOURCE: As amended by Final Rulemaking published at 56 DCR 1415, 1418 (February 13, 2009).

15 DCMR § 4081 (Reserved)

History

SOURCE: As amended by Final Rulemaking published at 56 DCR 1415, 1418 (February 13, 2009).

15 DCMR § 4082 (Reserved)

History

SOURCE: As amended by Final Rulemaking published at 56 DCR 1415, 1418 (February 13, 2009).

15 DCMR § 4083 (Reserved)

History

SOURCE: As amended by Final Rulemaking published at 56 DCR 1415, 1418 (February 13, 2009).

15 DCMR § 4084 (Reserved)

History

SOURCE: As amended by Final Rulemaking published at 56 DCR 1415, 1418 (February 13, 2009).

15 DCMR § 4085 (Reserved)

History

SOURCE: As amended by Final Rulemaking published at 56 DCR 1415, 1418 (February 13, 2009).

15 DCMR § 4086 (Reserved)

History

SOURCE: As amended by Final Rulemaking published at 56 DCR 1415, 1418 (February 13, 2009).

15 DCMR § 4087 (Reserved)

History

SOURCE: As amended by Final Rulemaking published at 56 DCR 1415, 1418 (February 13, 2009).

15 DCMR § 4088 (Reserved)

History

SOURCE: As amended by Final Rulemaking published at 56 DCR 1415, 1418 (February 13, 2009).

15 DCMR § 4089 (Reserved)

History

SOURCE: As amended by Final Rulemaking published at 56 DCR 1415, 1418 (February 13, 2009).

15 DCMR § 4090 (Reserved)

History

SOURCE: As amended by Final Rulemaking published at 56 DCR 1415, 1418 (February 13, 2009).

15 DCMR § 4091 (Reserved)

History

SOURCE: As amended by Final Rulemaking published at 56 DCR 1415, 1418 (February 13, 2009).

15 DCMR § 4092 (Reserved)

History

SOURCE: As amended by Final Rulemaking published at 56 DCR 1415, 1418 (February 13, 2009).

15 DCMR § 4093 (Reserved)

History

SOURCE: As amended by Final Rulemaking published at 56 DCR 1415, 1418 (February 13, 2009).

15 DCMR § 4094 (Reserved)

History

SOURCE: As amended by Final Rulemaking published at 56 DCR 1415, 1418 (February 13, 2009).

15 DCMR § 4095 (Reserved)

History

SOURCE: As amended by Final Rulemaking published at 56 DCR 1415, 1418 (February 13, 2009).

15 DCMR § 4096 (Reserved)

History

SOURCE: As amended by Final Rulemaking published at 56 DCR 1415, 1418 (February 13, 2009).

15 DCMR § 4097 (Reserved)

History

SOURCE: As amended by Final Rulemaking published at 56 DCR 1415, 1418 (February 13, 2009).

15 DCMR § 4098 (Reserved)

History

SOURCE: As amended by Final Rulemaking published at 56 DCR 1415, 1418 (February 13, 2009).

15 DCMR § 4099 DEFINITIONS

4099.1 When used in this chapter, the following terms and phrases shall have the following meaning:

“Adverse System Impact” – means a negative effect, due to technical or operational limits on conductors or equipment being exceeded, that compromises the safety and reliability of the Electric Distribution System.

“Affected System” – means an electric system not owned or operated by the Electric Distribution Company reviewing the Interconnection Request that may suffer an Adverse System Impact from the proposed interconnection.

“Advanced Inverter” – means inverter(s) with a digital architecture, bidirectional communications, and software that enables functionalities providing autonomous grid support and enhance system reliability, along with the capability to adjust their operational set points in response to the changing characteristics of the grid through dedicated communications protocols and standards. The advanced inverter must enable, at the minimum, the following functionalities, as defined in IEEE Standard 1547-2018: dynamic and real power support, voltage ride-through, frequency ride-through, voltage support, frequency support, and ramp rates.

“Area Network” – means a type of Electric Distribution System served by multiple transformers interconnected in an electrical network circuit, which is generally used in large metropolitan areas that are densely populated. Area networks are also known as grid networks. Area network has the same meaning as the term distribution secondary grid networks in Section 9.2 of IEEE Standard 1547.

“Approval to Install” – means written notification that the Small Generator Facility is conditionally approved for installation contingent upon the terms and conditions of the Interconnection Request, and the EDC may provide such conditional approval by furnishing to Interconnection Customer an EDC-executed copy of the Interconnection Agreement.

“Authorization to Operate” – means written notification that the Small Generator Facility is approved for operation under the terms and conditions of the District of Columbia Small Generator Interconnection Rules.

“Certificate of Completion” – means a certificate in a completed form approved by the Commission containing information about how the Interconnection Equipment is to be used, its installation, and local inspections.

“Commission” – means the Public Service Commission of the District of Columbia.

“Commissioning Test” – means the tests applied to a Small Generator Facility by the Interconnection Customer after construction is completed to verify that the facility does not create Adverse System Impacts. The scope of the Commissioning Tests performed shall include the Commissioning Test specified IEEE Standard 1547 Section 11.2.5 “Commissioning tests”.

“Community Renewable Energy Facility” or “CREF” – means an energy facility with a capacity no greater than five (5) megawatts that: (a) uses renewable resources defined as a Tier One Renewable Source in accordance with Section 3(15) of the Renewable Energy Portfolio Standard Act of 2004, effective April 12, 2005, (D.C. Law 15-340; D.C. Official Code § 34-1431(15) (2019 Repl.), as amended); (b) is located within the District of Columbia; (c) has at least two (2) Subscribers; and (d) has executed an Interconnection Agreement and a CREF Rider with the Electric Company.

“Distribution System Upgrade” – means a required addition or modification to the EDC’s Electric Distribution System at or beyond the Point of Common Coupling to accommodate the interconnection of a Small Generator Facility. Distribution upgrades do not include interconnection facilities.

“District of Columbia Small Generator Interconnection Rule (DCSGIR)” – means the most current version of the procedures for interconnecting Small Generator Facilities adopted by the Public Service Commission of the District of Columbia.

“Draw-out Type Circuit Breaker” – means a switching device capable of making, carrying, and breaking currents under normal and abnormal circuit conditions such as those of a short circuit. A draw-out circuit breaker can be physically removed from its enclosure, creating a visible break in the circuit. For the purposes of these regulations, the draw-out circuit breaker shall be capable of being locked in the open, draw-out position.

“Electric Distribution Company” or “EDC” – means an electric utility entity that distributes electricity to customers and is subject to the jurisdiction of the Commission.

“Electric Distribution System” or “EDS” – means the facilities and equipment used to transmit electricity to ultimate usage points such as homes and industries from interchanges with higher voltage transmission networks that transport bulk power over longer distances. The voltage levels at which Electric Distribution Systems operate differ among areas but generally carry less than sixty-nine (69) kilovolts of electricity. Electric distribution system has the same meaning as the term Area EPS, as defined in IEEE Standard 1547.

“Energy Storage” – means a resource capable of absorbing electric energy from the grid, from a behind-the-meter generator, or other DER, storing it for a period of time and thereafter dispatching the energy for use on-site or back to the grid, regardless of where the resource is located on the electric distribution system. These resources include all types of energy storage technologies, regardless of their size, storage medium (e.g., batteries, flywheels, electric vehicles, compressed air), or operational purpose.

“Facilities Study” – means an engineering study conducted by the EDC to determine the required modifications to the EDC’s Electric Distribution System, including the cost and the time required to build and install such modifications as necessary to accommodate an Interconnection Request.

“Fault Current” – means the electrical current that flows through a circuit during an electrical fault condition. A fault condition occurs when one (1) or more electrical conductors contact ground or each other. Types of faults include phase to ground, double-phase to ground, three-phase to ground, phase-to-phase, and three-phase. Fault current is several times larger in magnitude than the current that normally flows through a circuit.

“Generation Meter” – means the meter used to capture the level of customer-generated electricity at an Interconnection Customer’s premise. The Generation Meter shall be owned, operated, and maintained as distribution plant by EDC, unless the Interconnection Customer is a CREF (see “Production Meter”).

“Good Utility Practice” – means any of the practices, methods and acts engaged in or approved by a significant portion of the electric utility industry during the relevant time period, or any of the practices, methods and acts which, in the exercise of reasonable judgment in light of the facts known at the time the decision was made, could have been expected to accomplish the desired result of the lowest reasonable cost consistent with good business practices, reliability, safety and expedition. Good Utility Practice is not intended to be limited to the optimum practice, method or act to the exclusion of all others, but rather to be acceptable practices, methods, or acts generally accepted in the region.

“Governmental Authority” – means any federal, State, local or other governmental regulatory or administrative agency, court, commission, department, board, or other governmental subdivision, legislature, rulemaking board, tribunal, or other Governmental Authority having jurisdiction over the Interconnection Customer and EDC, respective facilities, or services provided, and exercising or entitled to exercise any administrative, executive, police, or taxing authority or power; provided, however, that such term does not include the Interconnection Customer, EDC or any affiliate thereof.

“IEEE Standard 1547” – refers to the Institute of Electrical and Electronics Engineers, Inc. (IEEE) Standard 1547 (2018) “Standard for Interconnection and Interoperability of Distributed Energy Resources with Associated Electric Power Systems Interfaces,” as amended and supplemented at the time the Interconnection Request is submitted.

“IEEE Standard 1547.1” – refers to the IEEE Standard 1547.1 (2015) “Conformance Test Procedures for Equipment Interconnecting Distributed Energy Resources with Electric Power Systems,” as amended and supplemented at the time the Interconnection Request is submitted.

“Interconnection Customer” – means a person or entity that has submitted either an Interconnection Request to interconnect a Small Generator Facility to the EDC’s Electric Distribution System or a pre-application report to get information about EDC’s electrical distribution system at a proposed Point of Common Coupling.

“Interconnection Equipment” – means a group of equipment, components, or an integrated system connecting an electric generator with a Local Electric Power System or an Electric Distribution System that includes all interface equipment including switchgear, protective devices, inverters or other interface devices. Interconnection equipment may be installed as part of an integrated equipment package that includes a generator or other electric source.

“Interconnection Facilities” – means facilities and equipment required by the EDC to accommodate the interconnection of a Small Generator Facility. Collectively, Interconnection Facilities include all facilities and equipment between the Small Generator Facility and the Point of Common Coupling, including modifications, additions, or upgrades that are necessary to physically and electrically interconnect the Small Generator Facility to the Electric Distribution System. Interconnection Facilities are sole use facilities and do not include Distribution System Upgrades, Generation Meter(s), or Usage Meter(s).

“Interconnection Request” – means an Interconnection Customer’s application and interconnection agreement, in a form approved by the Commission, requesting to interconnect a new Small Generator Facility, or to increase the capacity or modify operating characteristics of an existing approved Small Generator Facility that is interconnected with the EDC’s Electric Distribution System.

“Interconnection System Impact Study” – means a study performed by the EDC which evaluates the impacts of the proposed interconnection on both the safety and reliability of the EDC’s Electric Distribution System. The study seeks to identify and detail the Adverse System Impacts that result when a Small Generator Facility is interconnected without project modifications or Distribution System Upgrades, focusing on EDC-identified or potential Adverse System Impacts.

“Line Section” – means that portion of the EDC’s Electric Distribution System connected to an Interconnection Customer, bounded by automatic sectionalizing devices or the end of the distribution line.

“Local Electric Power System” or “Local EPS” – means facilities that deliver electric power to a load that are contained entirely within a single premises or group of premises. Local electric power system has the same meaning as the term Local Electric Power System defined in IEEE Standard 1547.

“Meter Collar Adapter” – also referred to as a meter socket adapter or MSA, means an electrical device that is installed between a residential electric meter and the meter socket, for the purpose of facilitating the deployment of customer-owned or customer-leased technology. Meter socket adapter use cases include, but are not limited to, interconnection for solar installations, isolation of battery energy storage systems, and load management for electric vehicle chargers and other new loads.

“Microgrid” – means a collection of interconnected loads, generation assets, and advanced control equipment, installed across a limited geographic area and within a defined electrical boundary that is capable of disconnecting from the larger Electric Distribution System. A Microgrid may serve a single customer with several structures or serve multiple customers. A Microgrid can connect and disconnect from the distribution system to enable it to operate in both interconnected or island mode.

“Modified Level 1 or Level 2 Scoping Meeting” – means a meeting between representatives of the Interconnection Customer and EDC conducted for the purpose of reviewing the Interconnection Request, existing studies relevant to the Interconnection Request, the conditions at the proposed location, and the results of the Level 1 or Level 2 Adverse System Impact screening criteria, and a technical explanation in which the EDC describes the need for Interconnection Facilities and/or a Distribution System Upgrade to accommodate the Interconnection Request.

“Nameplate Capacity” – means the maximum rated output of a generator, prime mover, or other electric power production equipment under specific conditions designated by the manufacturer and is usually indicated on a nameplate physically attached to the power production equipment.

“Nationally Recognized Testing Laboratory” or “NRTL” – means a qualified private organization that meets the requirements of the Occupational Safety and Health Administration’s (OSHA) regulations. NRTLs perform independent safety testing and product certification. Each NRTL shall meet the requirements as set forth by OSHA in the NRTL program.

“Parallel Operation” or “Parallel” – means the sustained state of operation over one hundred (100) milliseconds, which occurs when a Small Generator Facility is connected electrically to the Electric Distribution System and thus has the ability for electricity to flow from the Small Generator Facility to the Electric Distribution System.

“PJM Interconnection” – means the regional transmission organization that is regulated by the Federal Energy Regulatory Commission and functionally controls the transmission system for the region that includes the District of Columbia.

“Point of Common Coupling” – means the point where the Small Generator Facility is electrically connected to the Electric Distribution System. Point of common coupling has the same meaning as defined in IEEE Standard 1547.

“Primary Line” – means a distribution line rated at greater than six hundred (600) volts.

“Production Meter” – means the Generation Meter used to capture the level of customer-generated electricity at an Interconnection Customer’s premise, when the Interconnection Customer is a CREF. In accordance with D.C. Official Code § 34-1518, the Production Meter shall be owned by the CREF and read by the EDC.

“Production Test” – is defined in IEEE Standard 1547.

“Queue Position” – means the order of a valid Interconnection Request, relative to all other pending valid Interconnection Requests, that is established based upon the date and time of receipt of the complete Interconnection Request by the EDC.

“Radial Distribution Circuit” – means a circuit configuration where independent feeders branch out radially from a common source of supply. From the standpoint of a utility system, the area described is between the generating source or intervening substations and the customer’s entrance equipment. A radial distribution system is the most common type of connection between a utility and load in which power flows in one direction from the utility to the load.

“Scoping Meeting” – means a meeting between representatives of the Interconnection Customer and EDC conducted for the purpose of discussing alternative interconnection options, exchanging information including any Electric Distribution System data and earlier study evaluations that would be reasonably expected to impact interconnection options, analyzing information, and determining the potential feasible points of interconnection.

“Secondary Line” – means a service line subsequent to the Primary Line that is rated for six hundred (600) volts or less, also referred to as the customer’s service line.

“Shared Transformer” – means a transformer that supplies secondary source voltage to more than one customer.

“Small Generator Facility” – means the equipment used by an Interconnection Customer to generate or store electricity that operates in parallel with the Electric Distribution System and, for the purposes of this standard, is rated at twenty (20) MW or less. A Small Generator Facility typically includes an electric generator, Energy Storage, prime mover, and the Interconnection Equipment required to safely interconnect with the Electric Distribution System or Local Electric Power System as mutually agreed between the Interconnection Customer and EDC of the Interconnection Request.

“Spot Network” – means a type of Electric Distribution System that uses two or more inter-tied transformers to supply an electrical network circuit. A Spot Network is generally used to supply power to a single customer or a small group of customers. Spot network has the same meaning as the term distribution secondary Spot Networks defined in Section 9.3 of IEEE Standard 1547.

“Standard Agreement for Interconnection of Small Generator Facilities”, “Interconnection Agreement”, or “Agreement” – means a set of standard forms of Interconnection Agreements approved by the Commission which are applicable to Interconnection Requests pertaining to small generating facilities. The agreement between the Interconnection Customer and the EDC, which governs the connection of the Small Generator Facility to the EDC’s Electric Distribution System, as well as the ongoing operation of the Small Generator Facility after it is connected to the EDC’s Electric Distribution System.

“UL Standard 1741” – means Underwriters Laboratories’ standard titled “Inverters Converters, and Controllers for Use in Independent Power Systems,” as amended and supplemented at the time the Interconnection Request is submitted.

“Usage Meter” – means the meter furnished by the EDC used to capture the level of electricity consumption at an Interconnection Customer’s premise. The Usage Meter shall be owned, operated, and maintained as a distribution plant by the EDC.

“Witness Test” – means verification (either by an on-site observation or review of documents) by the EDC that the installation evaluation required by IEEE Standard 1547 Section 11.2.4 and the Commissioning Test required by IEEE Standard 1547 Section 11.2.5 have been adequately performed. For Interconnection Equipment that has not been certified, the Witness Test shall also include the verification by the EDC of the on-site design tests as required by IEEE Standard 1547 Section 11.2.4 and verification by the EDC of Production Tests required by IEEE Standard 1547 Section 11.2.3. All tests verified by the EDC are to be performed in accordance with the applicable test procedures specified by IEEE Standard 1547.1.

ATTACHMENT A –Queue Requirements

The EDC shall maintain a publicly available interconnection queue, available in a sortable spreadsheet format, which it shall update on at least a monthly basis. Information on Interconnection Requests shall be retained in the queue for three (3) years. The date of the most recent update shall be clearly indicated.

The queue should include, at a minimum, the following information on each Level 2, 3, and 4 Interconnection Request.

Queue number

Facility capacity or capacity range (kW)

Primary fuel type (e.g., solar, wind, bio-gas, etc.)

Secondary fuel type (if applicable)

Exporting or non-exporting

Zip code

Substation

Feeder

Status (active, withdrawn, interconnected, etc.)

Date Interconnection Request deemed complete

Date of notification of Adverse Impact Screen results (Levels 2-3)

Adverse Impact Screen results for Levels 2-3 (pass or fail, and if fail, identify the screens failed and if Interconnection Facilities and/or Distribution System Upgrades are being required)

Date of notification of Supplemental Review results (if applicable)

Supplemental Review results (pass or fail, and if fail, identify the screens failed)

Date of notification of Interconnection System Impact Study results (if applicable)

Date of notification of Facilities Study results and/or construction estimates (if applicable)

Date EDC-executed Interconnection Agreement is provided to Customer

Date Interconnection Agreement is signed by both parties

Date of notification of Authorization to Operate

Final interconnection (application fee) cost paid to EDC

History

SOURCE: Final Rulemaking published at 56 DCR 1415 (February 13, 2009); as amended by Final Rulemaking published at 65 DCR 11025 (October 5, 2018); as amended by Final Rulemaking published at 66 DCR 01132 (January 25, 2019); as amended by Final Rulemaking published at 68 DCR 8244 (August 20, 2021), as amended by Final Rulemaking published at 72 DCR 012476 (November 7, 2025). D.C. Official Code § 34-1518 (2019 Repl.). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 4099

15-41 THE DISTRICT OF COLUMBIA STANDARD OFFER SERVICE RULES

15 DCMR § 4100 GENERAL PROVISIONS; SCOPE, APPLICABILITY AND AVAILABILITY OF STANDARD OFFER SERVICE; ELIGIBILITY FOR STANDARD OFFER SERVICE

4100.1 The purpose of this chapter is to set forth the policies and procedures for the implementation of the Standard Offer Service (“SOS”) provisions of the “Retail Electric Competition and Consumer Protection Act of 1999,” as amended, and the “Community Renewable Energy Amendment Act of 2013” (“CREA”).

4100.2 This chapter establishes the Public Service Commission of the District of Columbia (“Commission”) Rules and Regulations governing the provision of SOS, the terms and conditions for wholesale electric power supply procurement for SOS, reporting and monitoring procedures, pricing and true-up procedures, other services, and miscellaneous provisions and reservations. The procurement processes are for Wholesale Full Requirements Services and for a Long-Term Renewable Energy Power Purchase Agreement (“PPA”) or multiple PPAs to meet the SOS retail load. The energy to be procured pursuant to Long-Term Renewable Energy PPA(s) is initially targeted to serve (5) percent of SOS load with delivery expected to begin on June 1, 2024. This chapter shall be cited as the “District of Columbia Standard Offer Service Rules.”

4100.3 This chapter shall be applicable to the SOS Administrator and to retail customers in the Electric Company’s distribution service territory. This chapter also establishes the rules by which the SOS Administrator shall obtain electric supply for SOS and applies to wholesale bidders who compete for the provision of Wholesale Full Requirements Services. In addition, this chapter establishes the rules by which the SOS Administrator shall obtain renewable energy for SOS and will apply to Renewable Energy Generators who compete for the provision of electric supply pursuant to a Long-Term Renewable Energy PPA or multiple PPAs initially targeted to serve five (5) percent of SOS load with delivery expected to begin on June 1, 2024. Finally, this chapter establishes the rules by which the SOS Administrator shall obtain electric supply from Community Renewable Energy Facilities (“CREFs”) as defined in Subsection 4199.1 and as described in Subsections 4109.1 through 4109.3 pursuant to the CREA. The provisions of this chapter are promulgated pursuant to authority set forth in Sections 34-1509(c), 34-1518.01(i), and 34-1504(c)(7) of the D.C. Official Code.

4100.4 All Electric Company distribution customers are eligible for SOS from the SOS Administrator and are subject to the general terms and conditions of the Electric Company’s tariffs and the Commission’s regulations, as they may change from time to time subject to the Commission’s approval or adoption of new regulations.

4100.5 SOS shall be available to: (1) customers who contract for electricity with a Competitive Electricity Supplier, but who fail to receive delivery of electricity under such contracts; (2) customers who cannot arrange to purchase electricity from a Competitive Electricity Supplier; and (3) customers who do not choose a Competitive Electricity Supplier.

History

SOURCE: Final Rulemaking published at 56 DC 5404 (July 3, 2009); as amended by Final Rulemaking published at 62 DCR 5707 (May 8, 2015); as amended by Final Rulemaking published at 68 DCR 3534 (April 2, 2021). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 4100

15 DCMR § 4101 SELECTION OF WHOLESALE SOS PROVIDERS OF FULL REQUIREMENTS SERVICE SUPPLY OF SOS AND Renewable Energy Generators OF LONG-TERM RENEWABLE ENERGY POWER PUrCHASE Agreements

4101.1 The Electric Company shall continue as the SOS Administrator for retail customers in the Electric Company’s distribution service territory until such time as the Commission directs otherwise.

4101.2 The SOS Administrator shall obtain electric supply for SOS pursuant to a competitive wholesale procurement process for the provision of Wholesale Full Requirements Service supply of SOS as well as pursuant to a competitive procurement process for the provision of Long-Term Renewable Energy PPA supply of SOS (initially targeted to serve five (5) percent of SOS load with delivery expected to begin on June 1, 2024). In addition, pursuant to the CREA, the SOS Administrator is required to purchase the energy associated with the unsubscribed capacity of CREFs. The procurement processes for Wholesale Full Requirements Service and Long-Term Renewable Energy PPA supply of SOS shall solicit all of the electric supply for SOS customers except for the electric supply that is provided through the unsubscribed capacity of CREFs purchased by the SOS Administrator and the additional energy needed to make up for the non-load following nature of the renewable energy procured pursuant to Long-Term Renewable Energy PPAs.

4101.3 The SOS Administrator shall submit to the Commission by August 1 of the previous year, specific procurement format, form of request, process, timeline, evaluation process, evaluation criteria, and model contract for Wholesale Full Requirements Service supply of SOS for Commission approval. The SOS Administrator shall coordinate with other jurisdictions to ensure that bidding days for Wholesale Full Requirements Service supply of SOS do not coincide with multiple jurisdictions in the Mid-Atlantic area. The specific procurement format, form of request, process, timeline, evaluation process, evaluation criteria, and model contract for Long-Term Renewable Energy PPA supply of SOS shall be defined by the terms of the Requests For Proposals (“RFPs”) for the Long-Term Renewable Energy PPA or PPAs.

4101.4 Subject to the review and approval of the Commission, the SOS Administrator shall solicit for Wholesale Full Requirements Service pursuant to a Wholesale Full Requirements Service Agreement (“WFRSA”) with the Wholesale SOS Providers, which shall include the provision of electric energy, energy losses, generation capacity, ancillary services, and any other PJM- or FERC-approved services associated with the SOS Administrator’s load obligation, except for network integration transmission service, which will be obtained by the SOS Administrator. Subject to the review and approval of the Commission, the SOS Administrator shall also solicit for renewable energy pursuant to a Long-Term Renewable Energy PPA or PPAs with Renewable Energy Generators. The Wholesale SOS Providers of Wholesale Full Requirements Service supply of SOS selected pursuant to a WFRSA shall be responsible for all congestion costs up to the delivery point at which the SOS Administrator takes the power to serve its SOS load.

4101.5 The SOS Administrator shall solicit seasonally differentiated summer and winter prices for electric supply procured through a competitive wholesale procurement process for the provision of Wholesale Full Requirements Service.

4101.6 Contracts for electricity supply may be of varied duration, as approved by the Commission, to stabilize prices for customers.

History

SOURCE: Final Rulemaking published at 56 DC 5404 (July 3, 2009); as amended by Final Rulemaking published at 62 DCR 5707 (May 8, 2015); as amended by Final Rulemaking published at 68 DCR 3534 (April 2, 2021). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 4101

15 DCMR § 4102 COMPETITIVE BID STRUCTURES

4102.1 The SOS Administrator shall procure electric supply to meet its SOS obligations using competitive wholesale procurement processes to obtain Wholesale Full Requirements Service and to obtain renewable energy through a Long-Term Renewable Energy PPA or PPA(s) (initially targeted to serve five (5) percent of SOS load with delivery expected to begin on June 1, 2024) as described in this chapter as amended from time to time, and as adjusted for offsetting electric supply procured from CREFs, for each SOS Customer Group (as those SOS Customer Groups are defined in Subsection 4102.3), until the Commission directs the implementation of an alternative SOS procurement process.

4102.2 The Commission will conduct a review of the SOS Administrator’s SOS program every other year, beginning in 2010, to make any appropriate adjustments to SOS as competitive developments in the District of Columbia change. All adjustments shall be prospective and all contracts entered into prior to these changes shall remain in full force and effect pursuant to the contract terms.

4102.3 The SOS Administrator shall have three (3) groups of SOS customers (“SOS Customer Groups”):

Residential Customers shall include customers served under Electric Company Rate Schedules: R and Master Metered Apartment customers, subject to any revisions made to the tariff sheets from time to time;

Small Commercial Customers shall consist of the customers served under Electric Company Rate Schedules: GS-Non-Demand, T, TS, TN, and SL subject to any revisions made to the tariff sheets from time to time; and

Large Commercial Customers shall include all commercial customers except those defined as Small Commercial Customers.

4102.4 The SOS Administrator shall issue Requests For Proposals (“RFPs”) to competitive wholesale bidders for contracts for the Wholesale Full Requirements Service supply of SOS in order to maintain the following contract term balances for the various customer portfolios:

(a) Residential Customers: The SOS Administrator shall solicit fixed-price offers for terms of one year, two years, or three or more years. Alternative portfolios of supply options may be presented to the Commission for consideration. The SOS Administrator shall compile a portfolio of conforming offers consistent with the mix of terms determined by the Commission. The SOS Administrator shall select conforming offers to meet the Commission’s percentage target(s) in accordance with the evaluation provision included in the RFP;

(b) Small Commercial Customers: The SOS Administrator shall solicit fixed price offers for Wholesale Full Requirements Service for some combination of one-, two-, and three- or more year terms. Alternative portfolios of supply options may be presented to the Commission for consideration; and

(c) Large Commercial Customers: The SOS Administrator shall solicit fixed price offers for Wholesale Full Requirements Service for one- and/or two-year terms.

The RFP for the Wholesale Full Requirements Service supply of SOS shall alert the competitive wholesale bidders to the fact that final service requirements may be adjusted to accommodate offsetting electric supply obtained by the SOS Administrator from CREFs.

4102.5 The SOS Administrator shall solicit wholesale bids for the Wholesale Full Requirements Service supply of SOS using the existing rate structures of its existing rate classes. Nothing herein, however, precludes the SOS Administrator from filing for a different rate structure for any rate schedule or SOS Customer Group, subject to Commission review and approval, provided that any such changes, adjustments, alterations, or modifications do not change or impact existing Wholesale Full Requirements Service Agreements.

4102.6 The SOS Administrator shall solicit wholesale bids for SOS supply using the existing rate structures of its existing rate classes. Nothing herein, however, precludes the SOS Administrator from filing for a different rate structure for any rate schedule or SOS Customer Group, subject to Commission review and approval, and provided that any such changes, adjustments, alterations, or modifications do not change or impact existing WFRSAs.

History

SOURCE: Final Rulemaking published at 56 DC 5404 (July 3, 2009); as amended by Final Rulemaking published at 62 DCR 5707 (May 8, 2015); as amended by Final Rulemaking published at 68 DCR 3534 (April 2, 2021). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 4102

15 DCMR § 4103 STANDARD OFFER SERVICE RETAIL RATES

4103.1 The retail rates to SOS customers will consist of the sum of the following components:

The seasonally-differentiated and, if applicable, time-of-use differentiated load weighted average price of all awarded contracts for Wholesale Full Requirements Service supply of SOS for each SOS Customer Group;

The load weighted average price of all awarded contracts for Long-Term Renewable Energy PPA(s) supply of SOS;

(c) Retail charges designed to recover, on an aggregate basis, FERC-approved Network Integrated Transmission Service charges (“NITS”) and related charges and any other PJM charges and costs incurred by the SOS Administrator directly related to the SOS Administrator’s SOS load obligation for each SOS Customer Group;

(d) PJM Locational Marginal Price for energy in the Pepco District of Columbia sub-Zone, adjusted for ancillary service charges as specified in Subsection 906.4, for all unsubscribed electric supply purchased from CREFs;

The costs of any components not provided by the Long-Term Renewable Energy PPA(s), including but are not limited to, the cost of energy (needed to make up for the non-load following nature of renewable energy); capacity; the cost of meeting the District’s Renewable Energy Portfolio Standard; credit and risk; losses and congestion; and ancillary services;

An administrative charge; and

Applicable taxes.

4103.2 When the winning wholesale bidder(s) are selected for the Wholesale Full Requirements Service supply of SOS, the SOS Administrator shall submit to the Commission:

(a) The names of the winning bidders, which shall remain confidential subject to Subsection 4111.5 of this chapter;

(b) The retail rates for all the customer classes according to the Commission pre-approved time schedule. Such rates shall consist of all the components included in Subsection 4103.1;

(d) Administrative charge true-up provisions.

4103.3 There shall be a period of seven (7) and twelve (12) calendar days for comments and reply comments after the SOS Administrator’s submission to the Commission of the retail rates and administrative charge for the Wholesale Full Requirements Service supply of SOS, pursuant to Subsection 4103.2. The Commission shall thereafter issue an Order approving or rejecting the retail rates and/or administrative charge. The SOS Administrator shall file a revised tariff setting forth the new retail rates and/or administrative charges within seven (7) calendar days of the Commission’s Order approving the rates and charges.

4103.4 The administrative charge is designed to recover the SOS Administrator’s incremental costs for procuring and providing the service. Actual incremental costs shall include, but not be limited to, a proportionate share of SOS customer uncollectibles for each SOS Customer Group, Commission Consultant expenses (as described in Subsection 4110.1), SOS bidding expenses for both the Wholesale Full Requirements Service supply of SOS and Long-Term Renewable Energy PPA or PPAs (including all incremental expenses associated with the development and execution of Long-Term Renewable Energy PPAs), working capital expenses related to SOS for each SOS Customer Group, wholesale supply transaction costs related to Wholesale SOS Provider administration and transmission service administration, wholesale payment and invoice processing, incremental billing process expenses, customer education costs, incremental system costs, costs related to the purchases of electric supply from CREFs, and legal and regulatory filing expenses related to SOS requirements.

4103.5 Prior to the submission of bids for the Wholesale Full Requirements Service supply of SOS, the SOS Administrator shall file a request with the Commission (with notice to all the Parties) for determination of the appropriate amount of its administrative charge to be included in the retail rates to SOS customers. In calculating the Administrative Charge, the return component on the administrative charge, for the Wholesale Full Requirements Service supply of SOS as prescribed in Order No. 18829 issued July 7, 2017, and for the supply of SOS provided by the Long-Term Renewable Energy PPA or multiple PPAs as prescribed in Order No. 20327 issued April 9, 2020, as modified by any subsequent Commission Order or Orders, shall not be reflected for rate-making purposes in the establishment of the Electric Company’s distribution rates, including the determination of the Electric Company’s return for providing distribution service.

4103.6 All customers eligible for SOS will be informed of the applicable SOS retail rates, to the extent practical, for the service at least two (2) months prior to the beginning of each service year. If it is not practicable to provide such notice, the SOS Administrator shall file with the Commission and serve upon the Parties notice of that fact, the reasons for the delay, and the expected date for the provision of such information.

4103.7 Retail prices to customers shall be adjusted at least twice a year to reflect seasonal pricing and other appropriate price changes. Prior to each year of SOS, the SOS Administrator shall file with the Commission, estimates of actual incremental costs for the upcoming year. Such costs will be collected from customers, on a load weighted average, subject to an annual adjustment to reflect actual costs.

4103.8 All investment, revenue and expenses associated with the provision of SOS by the Electric Company when serving as the SOS Administrator shall be separate from investment, revenues and expenses associated with the Electric Company’s distribution service so that there will be no subsidization of the Electric Company’s distribution rates.

4103.9 All SOS Customer Groups, as defined in Subsection 4102.3 of these rules, are responsible for the costs associated with any and all Long-Term Renewable Energy PPAs.

History

SOURCE: Final Rulemaking published at 56 DC 5404 (July 3, 2009); as amended by Final Rulemaking published at 62 DCR 5707 (May 8, 2015); as amended by Final Rulemaking published at 68 DCR 3534 (April 2, 2021). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 4103

15 DCMR § 4104 COMPETITIVE WHOLESALE BIDDING AND CONTRACTING PROCESSES

4104.1 The SOS Administrator shall solicit offers for Wholesale Full Requirements Service supply of SOS and Long-Term Renewable Energy PPA supply of SOS (initially targeted to serve five (5) percent of SOS load with delivery expected to begin on June 1, 2024) via the RFPs approved by the Commission. The SOS Administrator shall remain the NITS provider and shall be the designated PJM Load Serving Entity (“LSE”) for all SOS. The SOS Administrator, as the PJM LSE, shall provide the rights to nomination and make available to the Wholesale SOS Providers all Firm Transmission Rights/Auction Revenue Rights (“FTR/ARRs”) to which it has rights pursuant to the PJM procedures applicable to FTR and ARRs.

4104.2 The SOS Administrator shall solicit seasonally differentiated and, if applicable, time-of-use differentiated prices for Wholesale Full Requirements Service supply of SOS. In the case of multi-year-term contracts for Wholesale Full Requirements Service supply of SOS, prices shall, in addition, be annually specified. The solicitation shall be conducted through up to four bidding rounds, as specified in the RFP.

4104.3 For Wholesale Full Requirements Service supply of SOS, the total load associated with each SOS Customer Group, minus the SOS load served by a Long-Term Renewable Energy PPA or PPAs, shall be divided into bid blocks of approximately 50 MW to promote diversity of supply and reliable supply contract performance. Each bid block shall represent a percentage of the total SOS load that each Wholesale SOS Provider will be obligated to supply for the term of the contract regardless of changes in the magnitude of the total load for that SOS Customer Group. The size of the total load may vary from the 50 MW guideline for a particular group if the total load associated with a specific SOS Customer Group indicates that such variation is warranted. One reason for a variation may be to accommodate electric supply acquired from CREFs as described in Subsection 4109.1. The SOS Administrator may alter the target size of the bid blocks by requesting permission to do so at the same time as it informs the Commission of its procurement plan, but only if it has reason to believe that the change would lead to more competitive offers.

4104.4 SOS service years shall continue annually beginning on June 1 of each year and ending on May 31 of the following year, consistent with PJM planning periods, unless modified by Commission Order.

4104.5 Potential Wholesale SOS Providers must demonstrate their qualifications to provide Wholesale Full Requirements Service by providing proof that they are qualified to participate in the PJM Markets and have all the necessary FERC authorizations to enter into wholesale energy contracts. Furthermore, the RFP and WFRSA shall specify the financial credit requirements that potential or actual Wholesale SOS Suppliers must demonstrate. Renewable Energy Generators must demonstrate their qualifications to provide renewable energy through a long-term PPA by providing proof that they are qualified to participate in the PJM Markets and have or will obtain all the necessary FERC authorizations to enter into wholesale energy contracts as required by the terms of the RFP for the Long-Term Renewable Energy PPA.

4104.6 For Wholesale Full Requirements Service supply of SOS, the SOS Administrator’s RFP will include specific forms of bid request, evaluation plan, and the WFRSA. The evaluation plan contained in the RFP will specify that all bids to serve the load associated with a specific SOS Customer Group and for a specific contract length will be compared on a discounted price basis to select the lowest cost winning bids.

4104.7 For Wholesale Full Requirements Service supply of SOS, upon completion of the bid evaluation process, the SOS Administrator will notify the winning bidders and execute a WFRSA with each winning bidder. Such contract execution will be contingent, however, on Commission approval of the bid awards, contracts and credit support provisions therein. The contract(s) will be deemed approved by the Commission unless the Commission orders otherwise within two (2) business days following their submission. Winning bidders will receive the actual prices in their offers for each year of the term of their supply contract. Winning bidders will not be permitted to revise prices or any other terms and conditions of the WFRSA, except as provided for in the WFRSA.

History

SOURCE: Final Rulemaking published at 56 DC 5404 (July 3, 2009); as amended by Final Rulemaking published at 62 DCR 5707 (May 8, 2015); as amended by Final Rulemaking published at 68 DCR 3534 (April 2, 2021). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 4104

15 DCMR § 4105 ESTABLISHMENT AND RE-ESTABLISHMENT OF STANDARD OFFER SERVICE

4105.1 SOS shall be provided to any customer who purchases a new service within the District of Columbia and who does not obtain electric generation service from a Competitive Electricity Supplier at that time. There shall be no fee for a customer to establish SOS in this manner.

4105.2 Any customer taking service from a Competitive Electricity Supplier may terminate service with the Competitive Electricity Supplier and elect SOS upon notice to the Electric Company and the SOS Administrator as required by Subsection 4105.8.

4105.3 Any customer taking service from a Competitive Electricity Supplier who defaults may terminate service with the defaulting Competitive Electricity Supplier upon notice to the Electric Company and the SOS Administrator as required by Subsection 4105.8.

4105.4 Any customer who is slammed or switched to a Competitive Electricity Supplier by mistake can terminate service with the Competitive Electricity Supplier upon notice to the Electric Company and the SOS Administrator as required by Subsection 4105.8, and such customer shall be returned to the service that the customer was receiving prior to being slammed or the mistake occurring as if the slamming or the mistake had not occurred.

4105.5 All customers shall be eligible to switch from SOS to Competitive Electricity Suppliers and return to SOS without restrictions.

4105.6 The contract provisions and exit fees of the Competitive Electricity Supplier remain valid and shall be enforced before a customer will be permitted to switch to SOS or another Competitive Electricity Supplier.

4105.7 Notice of Transfers; Transfer of Service; Bill Calculation:

Notice of Transfer into SOS: A Customer who intends to transfer into SOS shall do so by notifying (by telephone, in writing, Internet or other technological means), both the Electric Company and the SOS Administrator, or by canceling service with its Competitive Electricity Supplier;

Notice of Transfer out of SOS: Notice (by telephone, in writing, Internet or other technological means) that a SOS Customer will terminate SOS and obtain service from a Competitive Electricity Supplier shall be provided to the Electric Company and the SOS Administrator by the Customer’s Competitive Electricity Supplier pursuant to Chapter 3 of Title 15 of the District of Columbia Municipal Regulations; and

The Electric Company shall transfer a Customer to a Competitive Electricity Supplier in no later than three (3) business days after the receipt of the notice of an enrollment transaction from the Competitive Electricity Supplier. The Electric Company shall transfer a Customer to SOS in no later than three (3) business days after receiving the customer’s request. The Electric Company will accept the last enrollment received at the relevant day’s end.

History

SOURCE: Final Rulemaking published at 56 DCR 5404 (July 3, 2009); as amended by Final Rulemaking published at 62 DCR 5707 (May 8, 2015); as amended by Final Rulemaking published at 65 DCR 13537 (December 14, 2018); as amended by Final Rulemaking published at 66 DCR 15255 (November 15, 2019); as amended by Final Rulemaking published at 68 DCR 7766 (August 6, 2021). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 4105

15 DCMR § 4106 FINANCIAL CAPABILITY REQUIREMENTS FOR WHOLESALE SOS PROVIDERS OF THE WHOLESALE FULL REQUIREMENTS SERVICE SUPPLY OF SOS AND RENEWABLE ENERGY PROVIDERS OF RENEWABLE ENERGY THROUGH A LONG-TERM POWER PURCHASE AGREEMENT(S)

4106.1 Financial capability requirements shall be imposed on Wholesale SOS Providers of the Wholesale Full Requirements Service supply of SOS and shall be consistent with provisions established in this Section. The financial capability requirements for renewable energy providers shall be defined by the terms of the RFP for the Long-Term Renewable Energy PPA or PPAs (initially targeted to serve five (5) percent of SOS load with delivery expected to begin on June 1, 2024).

4106.2 Each Wholesale SOS Provider shall obtain and file with the Commission a bond,

a letter of credit, or a corporate guarantee that will provide assurances of financial integrity and funding for replacement service in the event that the Wholesale SOS Provider fails to provide for uninterrupted service. If a corporate guarantee is obtained, it must conform to the Commission-approved form.

4106.3 The amount of the financial capability requirement for the Wholesale SOS Provider in the Electric Company’s service territory shall be equal to fifteen (15) percent of the Wholesale SOS Provider’s bid obligation for the SOS class(es) the provider is awarded, and expected to serve, in the Electric Company’s service territory.

4106.4 The amount of the financial capability requirement shall be commensurate with the remaining outstanding bid obligation of the Wholesale SOS Provider throughout the term of the Wholesale SOS Provider’s awarded contract period, and reduced annually from the initial amount determined at the beginning of the term of the Wholesale SOS Provider’s service.

4106.5 The proceeds of the bond, or letter of credit, or corporate guarantee, as necessary, shall be payable to the SOS Administrator to whom the wholesale bidder is obligated to provide service. The proceeds of the bond, letter of credit, or corporate guarantee shall be used only to defray the additional costs of replacement SOS in the event of interrupted service. For purposes of this provision, additional costs are all costs that are incurred or will be incurred to acquire replacement SOS, including supply and administrative costs, through the remaining SOS term that exceed the amounts paid or to be paid by SOS customers at the SOS rates in effect at the time of the Commission’s declaration of a Wholesale SOS Provider’s default.

4106.6 A corporate guarantee permitted by Subsections 4106.2, 4106.3, and 4106.4, may be issued by an affiliate of the Wholesale SOS Provider or a third party that meets the financial credit requirements set forth in Subsections 4106.2, 4106.3, and 4106.4.

(a) The corporate guarantee must meet all of the requirements of Subsections 4106.2, 4106.3, and 4106.4, and shall be unconditional and irrevocable and provide for payment within five (5) business days for the period of the standard offer term.

(b) A corporate guarantee may be used to satisfy the requirement of Subsections 4106.2, 4106.3, and 4106.4, if the corporate guarantor meets the following financial qualifications and capabilities:

(1) The senior unsecured debt obligations of the guarantor are publicly rated, at a minimum, "BBB-" from S&P or Fitch, or "Baa3" from Moody's;

(2) The total assets of the guarantor are at least 5.0 times the amount of the corporate guarantee amount required by Subsections 4106.2, 4106.3, and 4106.4; and

(3) The total common equity of the guarantor is at least 2.5 times the amount of the corporate guarantee amount required by Subsections 4106.2, 4106.3, and 4106.4.

(c) If a corporate guarantor's senior unsecured debt obligations are rated by: (i) two of the agencies listed in Subsection 4106.6(b)(1), the guarantor's rating will be determined by the lower assigned rating; or (ii) all three of the agencies listed in Subsection 4106.6(b)(1), two of those agencies must have assigned ratings equal to or higher than the required ratings described above.

(d) If, at any time, the senior unsecured debt obligations of the corporate guarantor fail to meet the requirements of Subsection 4106.6(b), the corporate guarantor or the Wholesale SOS Provider shall immediately notify the Commission in writing.

If the corporate guarantor fails to meet any of the financial capability requirements, the Commission may, at its option, require the Wholesale SOS Provider to post a bond or file a letter of credit as described in Subsections 4106.2, 4106.3, and 4106.4.

4106.7 If at any time during the term of the supplier agreement between the Wholesale SOS Provider and the SOS Administrator, the SOS Administrator’s credit rating is downgraded below investment grade, as defined in Section 4199, the Wholesale SOS Provider has the right to require the SOS Administrator to make payments to the Wholesale SOS Provider on an accelerated basis during the downgrade period. Payments made under the acceleration clause may be made on a weekly basis.

History

SOURCE: Final Rulemaking published at 56 DC 5404 (July 3, 2009); as amended by Final Rulemaking published at 62 DCR 5707 (May 8, 2015); as amended by Final Rulemaking published at 68 DCR 3534 (April 2, 2021). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 4106

15 DCMR § 4107 REPORTING REQUIREMENTS AND TRUE UP PROVISIONS

4107.1 Within ninety (90) days of the conclusion of each year of SOS bidding for Wholesale Full Requirements supply of SOS, the SOS Administrator shall submit a report to the Commission on its wholesale electric supply procurement process and results, SOS retail prices produced, the aggregated SOS enrollment activity for each service class (including the number of customers, megawatt peak load, megawatt hour energy and switching to and from the service); a report on the amount of electric supply acquired from CREFs during the previous year; and a report of all true-ups conducted for that year. This requirement is not intended to replace or supersede any other reporting requirements imposed by the Commission on the SOS Administrator.

4107.2 If the SOS Administrator conducts wholesale bidding for a type of service on the basis of aggregated rate classes for the Wholesale Full Requirements Service supply of SOS or for the Long-Term Renewable Energy PPA supply of SOS (initially targeted to serve five (5) percent of SOS load with delivery expected to begin on June 1, 2024), the SOS Administrator shall make any needed true-ups on an aggregated basis.

4107.3 In addition to the other true-ups described herein, the SOS Administrator shall true-up its total costs for providing each type of service (Residential, Small Commercial, and Large Commercial) with its total billed revenues for that service. If the service type is still being provided when the true-up is completed, rates will be adjusted to reflect any over- or under-recoveries established in the true-up. In the event that there is any net over- or under-collection at the end of any type of service (Residential, Small Commercial, Large Commercial), the balance will be paid or collected through a mechanism to be determined in accordance with the procedures set forth in Subsection 4107.13. All retail price changes resulting from the true-up filings shall be reviewed annually by the Commission.

4107.4 The SOS Administrator will conduct the true-ups described herein to reflect the start of summer rates and concurrent with the start of non-summer rates. The SOS Administrator may conduct more frequent true-ups if it so chooses. Any revisions to retail electric rates resulting from the application of the true-up provisions shall be reflected in the prices posted on the Electric Company’s web page. The true-ups are subject to audit by the Commission.

4107.5 The SOS Administrator shall true-up its billings to retail customers for services provided pursuant to Subsection 4103.1 against its payments to Wholesale SOS Providers for the Wholesale Full Requirements Service supply of SOS, to Renewable Energy Generators for the Long-Term Renewable Energy PPA(s) supply of SOS, and to CREFs. The SOS Administrator shall also true-up its billings to retail customers to reflect any net damages recovered by the SOS Administrator from a defaulting Wholesale SOS Provider for the Wholesale Full Requirements Service supply of SOS or a Renewable Energy Generator for the Long-Term Renewable Energy PPA supply of SOS in accordance with Subsection 4111.3. The Commission will audit true-ups annually. In the event that there is any net over- or under-collection at the end of any type of service (Residential, Small Commercial, Large Commercial), the balance will be paid or collected through a mechanism to be determined in accordance with the procedures set forth in Subsection 4107.13.

4107.6 For the Wholesale Full Requirements Service supply of SOS, for the purpose of determining such true-up, the SOS Administrator’s payments to its Wholesale SOS Providers shall exclude payments made with respect to the upward adjustment in a Wholesale SOS Provider’s load arising from the activation of the Electric Company’s load response programs and shall exclude any downward adjustment to a Wholesale SOS Provider’s load arising from the SOS Administrator’s acquisition of energy from a CREF.

4107.7 The retail price to Residential, Small Commercial, and Large Commercial customers posted pursuant to Subsection 4103.7 shall not change until after the first billing cycle following the start of service. Any difference between the SOS Administrator’s incremental cost for serving SOS load and the SOS Administrator’s revenue from serving SOS load based on the awarded bid prices shall be included as part of the retail rate true-up.

4107.8 Price Elements - Subsection 4103.1 shall include the additional costs (if any) that a Wholesale SOS Provider incurs in meeting any future statutory renewables requirements with respect to Residential, Small Commercial, and Large Commercial SOS. In the event that legislation is enacted that provides for a renewable energy resource requirement during the term of any WFRSA that has already been executed, Wholesale SOS Providers under the WFRSA may pass through their commercially reasonable additional costs, if any, associated with complying with the new requirement.

4107.9 If at any time any additional price elements resulting from a change in law and directly related to the SOS are identified by the SOS Administrator or a Wholesale SOS Provider, the SOS Administrator and/or the Wholesale SOS Provider may file a request with the Commission (with notice to all the Parties) for approval of recovery of those costs and, to the extent the costs are found to be incurred because of a change in law in connection with the provision of SOS and are prudently incurred as determined by the Commission, the costs will thereafter be included in the service price.

4107.10 The net costs included in retail prices pursuant to Subsection 4103.1(c) shall be recovered on a cents/kWh basis (energy basis) for non-demand tariff schedules and/or on a $/kW basis (demand basis) for demand tariff schedules. However, the SOS Administrator may request Commission approval to use alternate rate designs to recover NITS-related costs. The SOS Administrator may true-up its billings to retail customers for transmission services provided pursuant to Subsection 4103.1(c) against its payments for these services to PJM. The Commission may audit these true-ups annually. In the event that there is any net over- or under-collection at the end of any type of service (Residential, Small Commercial, Large Commercial), the balance will be paid or collected through a mechanism to be determined in accordance with the procedures set forth in Subsection 4107.13.

4107.11 To the extent not already recovered through the PJM Network Integration Transmission Service charges, any future surcharges assessed to network transmission customers for PJM-required transmission enhancements pursuant to the PJM Regional Transmission Expansion Plan, or for transition costs related to elimination of through-and-out transmission charges will be included in the charges under Subsection 4103.1(c). Pursuant to the WFRSA, the Wholesale SOS Providers bear the risk of any other changes in PJM products and pricing during the term of their WFRSAs. However, if there are any other new FERC-approved PJM transmission charges or other new PJM charges and costs charged to network transmission customers, the SOS Administrator may recover them through retail rates:

(a) The SOS Administrator will file with the Commission, and provide notice to all parties to the proceeding, a request for approval to recover such new charges through the SOS Administrator’s retail rates under Subsection 4103.1(c); and

(b) The Wholesale SOS Provider will charge the SOS Administrator only for those new costs that the Commission determines may be recovered in rates by the SOS Administrator. In no event will the SOS Administrator bear the risk of any changes in regulation or PJM rules related to such costs or charges. Also, in no event shall any PJM charges to other than network transmission customers be recovered through the SOS Administrator’s retail transmission rates for SOS service, except to the extent (if any) provided in Subsection 4103.1.

4107.12 The actual administrative costs for a given SOS year shall be used to true-up the estimated administrative costs for that same year, and any over- or under-collection of costs shall be applied to the estimated administrative costs for the next SOS program year for each SOS Customer Group. The Commission may audit such true-ups annually.

4107.13 At the end of any SOS period for a Customer Group, and after actual costs incurred by the SOS Administrator pursuant to Subsection 4103.1 have been determined, the parties to the proceeding will agree upon a mechanism with respect to actual costs, to return any over-collection to, and to collect any under-collection from, all active customers who would have been eligible for the service type at the conclusion of any service type period. If the parties to the proceeding fail to agree within a reasonable period, the matter will be submitted to the Commission for decision.

4107.14 Within ninety (90) days of the conclusion of each year’s SOS bidding, the SOS Administrator shall submit a report to the Commission that details the value of the payments made to each Subscriber Organization for unsubscribed energy showing the price and the amount of unsubscribed energy underlying the payments for unsubscribed energy on a monthly basis.

History

SOURCE: Final Rulemaking published at 56 DC 5404 (July 3, 2009); as amended by Final Rulemaking published at 62 DCR 5707 (May 8, 2015); as amended by Final Rulemaking published at 68 DCR 3534 (April 2, 2021). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 4107

15 DCMR § 4108 BID DOCUMENTS AND INFORMATION PROVIDED BY THE SOS ADMINISTRATOR TO POTENTIAL BIDDERS FOR WHOLESALE FULL REQUIREMENTS SERVICE SUPPLY OF SOS

4108.1 The Request For Proposal (“RFP”) is the document pursuant to which the SOS Administrator shall solicit Wholesale Full Requirements Service to meet its SOS obligations that are not met by the Long-Term Renewable Energy PPA(s). (The SOS Administrator also solicits the Long-Term Renewable Energy PPA(s) supply of SOS through one or more RFPs.) The RFP shall include the bid request process, the bid evaluation methodology, the timeline for the RFP process, and the following five appendices:

Expression of Interest Form;

Confidentiality Agreement;

Credit Application;

Bid Form Spreadsheets; and

Binding Bid Agreement.

4108.2 The SOS Administrator shall provide to potential wholesale SOS bidders the following actual and historical information for the thirty-six (36) months preceding the month in which the data is to be submitted to the Commission. The SOS Administrator shall provide such data on its RFP website on a date to be specified by the Commission.

Monthly and hourly demand, energy consumption and load profile data, as defined by the Commission, aggregated for each SOS customer class. For Large Commercial customers, if an individual customer’s load data will be disclosed, customer written consent is required;

(b) Number of customers in each SOS customer class and the number of customers taking SOS within each customer class;

(c) Representative load shapes for each of the SOS Administrator’s profile group and sub-groups by month, provided that if an individual customer’s load shape will be disclosed, written customer consent is required;

(d) Hourly delivery data;

(e) Billing determinants on electronic spreadsheets;

(f) System losses;

(g) The amount of electric supply acquired from CREFs and the total capacity of all authorized CREFs; and

(h) Other information as determined by the Commission to be necessary or useful to wholesale SOS bidders.

4108.3 The general requirements and conditions for information submitted by the SOS Administrator to potential wholesale SOS bidders are as follows:

(a) Aggregate data: All information required to be provided by Subsection 4108.2 shall be provided on an aggregate class basis. Individual customer information shall not be provided without the customer’s written consent.

(b) Historic Data Period: All information provided will reflect usage during the most recent thirty-six (36) month period, where available. Information describing factors that would cause the information to be unrepresentative of electricity usage during the SOS period shall also be provided.

(c) Due Care; Corrections: The SOS Administrator shall use due care in compiling the required information with the understanding that bidders will be relying on the data to formulate SOS bids. The SOS Administrator shall have the duty to correct any inaccuracies promptly upon discovery.

(d) Affiliated Interests: The SOS Administrator shall not provide any information to an affiliated wholesale SOS bidder that is not provided to all potential wholesale SOS bidders. The SOS Administrator must comply with the code(s) of conduct adopted by the Commission.

(e) Electronic Form; Standard Software: The SOS Administrator shall provide all information in electronic form usable by standard personal computer software packages; and

(f) Scope and Format: The Commission will determine the scope and detail of the information required by Subsections 4108.2, 4108.3(a), 4108.3(b), and 4108.3(e).

History

SOURCE: Final Rulemaking published at 56 DC 5404 (July 3, 2009); as amended by Final Rulemaking published at 62 DCR 5707 (May 8, 2015); as amended by Final Rulemaking published at 68 DCR 3534 (April 2, 2021). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 4108

15 DCMR § 4109 DISTRIBUTION LEVEL GENERATION

4109.1 Community Renewable Energy Facilities (“CREFs”) may provide electric supply to the SOS Administrator that shall be used to offset SOS purchases from Wholesale SOS Providers. All electric supply provided by CREFs shall become the property of the SOS Administrator, but shall not be counted toward the SOS Administrator’s total retail sales for purposes of the Renewable Energy Portfolio Standard Act of 2004, effective April 12, 2005 (D.C. Law 15-340; D.C. Official Code §§ 34-1431 et seq.).

4109.2 If the electric production of a CREF is fully subscribed, the SOS Administrator shall pay the CREF through a CREF Community Net Metering (“CNM”) credit on the accounts of all of the CREF’s Subscribers. The SOS Administrator shall make no additional payment to the CREF.

4109.3 If the electrical production of a CREF is not fully subscribed, the SOS Administrator shall pay the CREF for the subscribed energy through a CNM credit on the accounts of all of the CREF’s Subscribers and shall purchase the unsubscribed energy produced by the CREF at the PJM Locational Marginal Price for energy in the PEPCO District of Columbia sub-Zone, adjusted for ancillary service charges as specified in Subsection 906.4. The SOS Administrator shall pay the Subscriber Organization for the purchased energy on a monthly basis consistent with Subsections 906.4 and 907.9.

4109.4 Transactions identified in Subsections 4109.1 through 4109.3 are outside of the WFRSA and not part of the Wholesale Full Requirement Service.

4109.5 The SOS Administrator shall file with the Commission for approval a draft of a contract to be used by the SOS Administrator to acquire energy generated by a CREF from a Subscriber Organization within forty-five days of the date this revised rule becomes effective as set out in the Notice of Final Rulemaking published in the D.C. Register.

History

SOURCE: Final Rulemaking published at 56 DC 5404 (July 3, 2009); as amended by Final Rulemaking published at 62 DCR 5707 (May 8, 2015). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 4109

15 DCMR § 4110 MARKET MONITOR CONSULTANT

4110.1 The Consultant RFP is the document to be issued to hire the Commission’s Market Monitoring Consultant (“Consultant”). The SOS Administrator shall procure and pay for an independent consultant hired pursuant to the Consultant RFP. The Consultant shall be responsible for monitoring all aspects of the procurement of the SOS services. Specifically:

(a) The Consultant shall be selected by, shall take its direction from, and shall provide its consultation and work products to the Commission.

The costs incurred by the SOS Administrator in hiring the Consultant may be included in the SOS Administrator’s incremental costs and may be recovered through the Administrative Charge, subject to Commission review and approval.

The Consultant shall provide the Commission and the Office of the People’s Counsel with a final report as to each supply procurement and award.

(d) The Commission shall determine the qualifications of and evaluate all bidders. The Commission shall further direct the SOS Administrator, in writing, as to which bidder to award a contract for consulting service and the terms and conditions of that contract with the exception of the terms and conditions specifically described in this Section. The SOS Administrator shall execute the contract with the Consultant no later than four (4) weeks prior to the date of the initial pre-bid conference. The SOS Administrator shall be required to pay only for work that the Consultant does in reviewing the SOS Administrator’s compliance with Section 4104 and any other work that the Commission asks the Consultant to perform.

(e) The contract term for the contract between the SOS Administrator and the Consultant shall be for one-year, with an option to extend the contract for two (2) additional one-year terms. The option(s) shall be exercised by the Commission in its sole discretion; and

(f) Prior to the expiration of the initial contract awarded under this section, the second and subsequent consultant services contracts shall be awarded and administered consistent with Subsections 4110.1(a)-(e) herein.

History

SOURCE: Final Rulemaking published at 56 DC 5404 (July 3, 2009); as amended by Final Rulemaking published at 62 DCR 5707 (May 8, 2015). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 4110

15 DCMR § 4111 MISCELLANEOUS PROVISIONS

4111.1 The SOS Administrator may at any time request Commission approval to make changes in the Electric Company’s tariffs. However, to the extent that those tariff changes would require conforming changes to the RFP for Wholesale Full Requirements Service supply of SOS, the WFRSA generally, or any WFRSA that may be in effect from time to time, or any Long-Term Renewable Energy PPA(s):

(a) No such tariff changes may alter the rights and obligations of any Wholesale SOS Provider with respect to any WFRSA or any Renewable Energy Generator with respect to any Long-Term Renewable Energy PPA(s) for which an RFP has already been issued, unless the Wholesale SOS Provider or Renewable Energy Generator consents to have its rights or obligations changed;

(b) The SOS Administrator shall serve notice of the requested tariff change and copies of the proposed conforming changes to the RFP and/or WFRSA on all parties; and

(c) Any such tariff changes must be consistent with the regulations, orders or other obligations to which the SOS Administrator is subject.

4111.2 If, after conducting the bid procedures in accordance with the RFP, the SOS Administrator still has SOS load that has not been awarded to a Wholesale SOS Provider and cannot be supplied by CREFs, then:

(a) The SOS Administrator shall initially supply the unserved load by purchasing energy and all other necessary services through the PJM-administered markets, including but not limited to the PJM energy, capacity, and ancillary services markets, and any other service required by PJM to serve such unserved load, and shall include all the costs of such purchases in the retail rates charged for the service for which the purchases are made.

(b) Within five (5) business days of it being determined by the SOS Administrator that the load is unserved, the SOS Administrator shall convene a meeting of all parties to the proceeding and Commission staff to discuss alternative ways to fill the unserved load, including but not limited to a rebid or a bilateral contract. The meeting process will conclude within ten (10) business days of the load being determined to be unserved, and within twenty (20) calendar days of it being determined that the load is unserved, the SOS Administrator shall file with the Commission, and serve upon the all parties to the proceeding, any proposal it has for serving the load in lieu of the procedure set forth in Subsection 4111.2(a); and

(c) The Commission will resolve the SOS Administrator’s filing on an expedited basis. Any alternative means that the Commission approves will expressly provide that the SOS Administrator’s costs for filling the load will be recovered in retail rates in the same manner as all other charges pursuant to Subsection 4103.1. Until the Commission approves an alternate means of filling the load, Subsection 4111.2(a) will apply.

4111.3 If any load is left unserved after a Wholesale SOS Provider of Wholesale Full Requirements Service or a Renewable Energy Generator pursuant to a Long-Term Renewable Energy PPA(s) defaults:

(a) The SOS Administrator shall initially supply the defaulted load by purchasing energy and all other necessary services through the PJM-administered markets, including but not limited to the PJM energy, capacity, and ancillary services markets, and any other service required by PJM to serve such defaulted load, and shall include all the costs of such purchases, net of any offsetting recovery from the defaulting Wholesale SOS Provider or Renewable Energy Generator, in the retail rates charged for the service for which the purchases are made; and

(b) As soon as practicable after it is determined by the SOS Administrator that the load is unserved, the SOS Administrator shall file with the Commission a plan to fill the remaining term of the defaulted WFRSA or Long-Term Renewable Energy PPA(s). Such a plan shall be submitted to the Commission within ten (10) business days after a Wholesale SOS Provider or a Renewable Energy Generator default. Until the Commission approves a plan to fill the remaining term of the defaulted WFRSA, Subsection 4111.3(a) will apply.

4111.4 Access to confidential information relating to the SOS Administrator’s procurement of SOS power supply will be governed by the OPC Confidentiality Agreement, the Consultant’s Confidentiality Agreement contained in the Bidder RFP, and the Confidentiality Agreement contained in the RFP and the confidentiality provisions of the WFRSA (collectively the “Confidentiality Agreements”).

4111.5 Ninety (90) days following the Commission’s approval of the selection of winning bidders for the final tranche, the Commission will disclose upon request (a) the total number of bidders, and (b) the names of the winning bidders.

History

SOURCE: Final Rulemaking published at 56 DC 5404 (July 3, 2009); as amended by Final Rulemaking published at 62 DCR 5707 (May 8, 2015); as amended by Final Rulemaking published at 68 DCR 3534 (April 2, 2021). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 4111

15 DCMR § 4112 LONG-TERM RENEWABLE ENERGY POWER PURCHASE AGREEMENT(S)

4112.1 The SOS Administrator may supply a portion of Standard Offer Service with the Long-Term Renewable Energy PPA(s) (initially targeted to serve five (5) percent of SOS load with delivery expected to begin on June 1, 2024). The portion of SOS supplied by the Long-Term Renewable Energy PPA(s) will be determined by the Commission and procured by the SOS Administrator.

4112.2 The SOS Administrator may supply any components for the portion of the SOS load served by the Long-Term Renewable Energy PPA(s) not provided by the PPA(s) by purchasing such components from PJM wholesale markets. Such components may include, but are not limited to:

The cost of energy needed to account for the non-load following nature of renewable energy;

Capacity;

The cost of meeting the District’s Renewable Energy Portfolio Standard (RPS);

Losses and congestion; and

Ancillary services.

4112.3 Pursuant to Commission Order(s), the SOS Administrator will conduct a procurement to acquire electric supply through the Long-Term Renewable Energy PPA(s). The form of the procurement, quantity to be procured, and procurement documents will be reviewed and approved by the Commission prior to issuance by the SOS Administrator.

4112.4 The SOS Administrator shall present the results of any such procurements to the Commission for approval.

4112.5 The SOS Administrator will serve as the counter-party to any Long-Term Renewable Energy PPA(s).

4112.6 In the event of a default by a Renewable Energy Generator in the provision of Long-Term Renewable Energy PPA supply of SOS or in the event that there are any stranded costs associated with any such PPA(s), the SOS Administrator, as the counter-party to the PPA, will in no way be held liable for any costs associated with the default or any such stranded costs. In the event that such a default occurs or if such stranded costs result, all SOS Customer Groups, as defined in Subsection 4102.3 of these rules, will be responsible for the costs associated with any default or stranded costs.

4112.7 The SOS Administrator will be reimbursed for its costs associated with the procurement and administration of electric supply for SOS through the Long-Term Renewable Energy PPA(s) and receive a margin for the procurement and administration of any such PPA(s) consistent with Commission Order No. 20327, issued April 9, 2020, or as modified by any subsequent Commission Order.

4112.8 All Tier One Renewable Energy Credits (REC) generated pursuant to Long-Term Renewable Energy PPA supply of SOS shall be retired to meet the annual RPS obligations of all SOS suppliers, both Wholesale Standard Offer Service Providers and Renewable Energy Generators. Wholesale Standard Offer Service Providers or Renewable Energy Generators will be credited for a percentage of these RECs in accordance with the percentage of the year’s SOS load that they served. Thus, for example, if a Wholesale Standard Offer Service Provider or Renewable Energy Generator served ten (10) percent of SOS load, this provider of generator would receive ten (10) percent of the RECs.

4112.9 In the event that a Renewable Energy Generator is providing energy generated by a solar energy system that is located within the District and in a location served by a distribution feeder serving the District pursuant to a Long-Term Renewable Energy PPA(s), the solar RECs produced by that solar energy system shall be distributed in the same manner as Tier One RECs are to be distributed in Subsection 4112.8.

History

Source: Final Rulemaking published at 56 DCR 5404, 5422 (July 3, 2009); as amended by Final Rulemaking published at 68 DCR 3534 (April 2, 2021).

15 DCMR § 4113 (RESERVED)

History

Source: Final Rulemaking published at 56 DCR 5404, 5422 (July 3, 2009).

15 DCMR § 4114 (RESERVED)

History

Source: Final Rulemaking published at 56 DCR 5404, 5422 (July 3, 2009).

15 DCMR § 4115 (RESERVED)

History

Source: Final Rulemaking published at 56 DCR 5404, 5422 (July 3, 2009).

15 DCMR § 4116 (RESERVED)

History

Source: Final Rulemaking published at 56 DCR 5404, 5422 (July 3, 2009).

15 DCMR § 4117 (RESERVED)

History

Source: Final Rulemaking published at 56 DCR 5404, 5422 (July 3, 2009).

15 DCMR § 4118 (RESERVED)

History

Source: Final Rulemaking published at 56 DCR 5404, 5422 (July 3, 2009).

15 DCMR § 4119 (RESERVED)

History

Source: Final Rulemaking published at 56 DCR 5404, 5422 (July 3, 2009).

15 DCMR § 4120 (RESERVED)

History

Source: Final Rulemaking published at 56 DCR 5404, 5422 (July 3, 2009).

15 DCMR § 4121 (RESERVED)

History

Source: Final Rulemaking published at 56 DCR 5404, 5422 (July 3, 2009).

15 DCMR § 4122 (RESERVED)

History

Source: Final Rulemaking published at 56 DCR 5404, 5422 (July 3, 2009).

15 DCMR § 4123 (RESERVED)

History

Source: Final Rulemaking published at 56 DCR 5404, 5422 (July 3, 2009).

15 DCMR § 4124 (RESERVED)

History

Source: Final Rulemaking published at 56 DCR 5404, 5422 (July 3, 2009).

15 DCMR § 4125 (RESERVED)

History

Source: Final Rulemaking published at 56 DCR 5404, 5422 (July 3, 2009).

15 DCMR § 4126 (RESERVED)

History

Source: Final Rulemaking published at 56 DCR 5404, 5422 (July 3, 2009).

15 DCMR § 4127 (RESERVED)

History

Source: Final Rulemaking published at 56 DCR 5404, 5422 (July 3, 2009).

15 DCMR § 4128 (RESERVED)

History

Source: Final Rulemaking published at 56 DCR 5404, 5422 (July 3, 2009).

15 DCMR § 4129 (RESERVED)

History

Source: Final Rulemaking published at 56 DCR 5404, 5422 (July 3, 2009).

15 DCMR § 4130 (RESERVED)

History

Source: Final Rulemaking published at 56 DCR 5404, 5422 (July 3, 2009).

15 DCMR § 4131 (RESERVED)

History

Source: Final Rulemaking published at 56 DCR 5404, 5422 (July 3, 2009).

15 DCMR § 4132 (RESERVED)

History

Source: Final Rulemaking published at 56 DCR 5404, 5422 (July 3, 2009).

15 DCMR § 4133 (RESERVED)

History

Source: Final Rulemaking published at 56 DCR 5404, 5422 (July 3, 2009).

15 DCMR § 4134 (RESERVED)

History

Source: Final Rulemaking published at 56 DCR 5404, 5422 (July 3, 2009).

15 DCMR § 4135 (RESERVED)

History

Source: Final Rulemaking published at 56 DCR 5404, 5422 (July 3, 2009).

15 DCMR § 4136 (RESERVED)

History

Source: Final Rulemaking published at 56 DCR 5404, 5422 (July 3, 2009).

15 DCMR § 4137 (RESERVED)

History

Source: Final Rulemaking published at 56 DCR 5404, 5422 (July 3, 2009).

15 DCMR § 4138 (RESERVED)

History

Source: Final Rulemaking published at 56 DCR 5404, 5422 (July 3, 2009).

15 DCMR § 4139 (RESERVED)

History

Source: Final Rulemaking published at 56 DCR 5404, 5422 (July 3, 2009).

15 DCMR § 4140 (RESERVED)

History

Source: Final Rulemaking published at 56 DCR 5404, 5422 (July 3, 2009).

15 DCMR § 4141 (RESERVED)

History

Source: Final Rulemaking published at 56 DCR 5404, 5422 (July 3, 2009).

15 DCMR § 4142 (RESERVED)

History

Source: Final Rulemaking published at 56 DCR 5404, 5422 (July 3, 2009).

15 DCMR § 4143 (RESERVED)

History

Source: Final Rulemaking published at 56 DCR 5404, 5422 (July 3, 2009).

15 DCMR § 4144 (RESERVED)

History

Source: Final Rulemaking published at 56 DCR 5404, 5422 (July 3, 2009).

15 DCMR § 4145 (RESERVED)

History

Source: Final Rulemaking published at 56 DCR 5404, 5422 (July 3, 2009).

15 DCMR § 4146 (RESERVED)

History

Source: Final Rulemaking published at 56 DCR 5404, 5422 (July 3, 2009).

15 DCMR § 4147 (RESERVED)

History

Source: Final Rulemaking published at 56 DCR 5404, 5422 (July 3, 2009).

15 DCMR § 4148 (RESERVED)

History

Source: Final Rulemaking published at 56 DCR 5404, 5422 (July 3, 2009).

15 DCMR § 4149 (RESERVED)

History

Source: Final Rulemaking published at 56 DCR 5404, 5422 (July 3, 2009).

15 DCMR § 4150 (RESERVED)

History

Source: Final Rulemaking published at 56 DCR 5404, 5422 (July 3, 2009).

15 DCMR § 4151 (RESERVED)

History

Source: Final Rulemaking published at 56 DCR 5404, 5422 (July 3, 2009).

15 DCMR § 4152 (RESERVED)

History

Source: Final Rulemaking published at 56 DCR 5404, 5422 (July 3, 2009).

15 DCMR § 4153 (RESERVED)

History

Source: Final Rulemaking published at 56 DCR 5404, 5422 (July 3, 2009).

15 DCMR § 4154 (RESERVED)

History

Source: Final Rulemaking published at 56 DCR 5404, 5422 (July 3, 2009).

15 DCMR § 4155 (RESERVED)

History

Source: Final Rulemaking published at 56 DCR 5404, 5422 (July 3, 2009).

15 DCMR § 4156 (RESERVED)

History

Source: Final Rulemaking published at 56 DCR 5404, 5422 (July 3, 2009).

15 DCMR § 4157 (RESERVED)

History

Source: Final Rulemaking published at 56 DCR 5404, 5422 (July 3, 2009).

15 DCMR § 4158 (RESERVED)

History

Source: Final Rulemaking published at 56 DCR 5404, 5422 (July 3, 2009).

15 DCMR § 4159 (RESERVED)

History

Source: Final Rulemaking published at 56 DCR 5404, 5422 (July 3, 2009).

15 DCMR § 4160 (RESERVED)

History

Source: Final Rulemaking published at 56 DCR 5404, 5422 (July 3, 2009).

15 DCMR § 4161 (RESERVED)

History

Source: Final Rulemaking published at 56 DCR 5404, 5422 (July 3, 2009).

15 DCMR § 4162 (RESERVED)

History

Source: Final Rulemaking published at 56 DCR 5404, 5422 (July 3, 2009).

15 DCMR § 4163 (RESERVED)

History

Source: Final Rulemaking published at 56 DCR 5404, 5422 (July 3, 2009).

15 DCMR § 4164 (RESERVED)

History

Source: Final Rulemaking published at 56 DCR 5404, 5422 (July 3, 2009).

15 DCMR § 4165 (RESERVED)

History

Source: Final Rulemaking published at 56 DCR 5404, 5422 (July 3, 2009).

15 DCMR § 4166 (RESERVED)

History

Source: Final Rulemaking published at 56 DCR 5404, 5422 (July 3, 2009).

15 DCMR § 4167 (RESERVED)

History

Source: Final Rulemaking published at 56 DCR 5404, 5422 (July 3, 2009).

15 DCMR § 4168 (RESERVED)

History

Source: Final Rulemaking published at 56 DCR 5404, 5422 (July 3, 2009).

15 DCMR § 4169 (RESERVED)

History

Source: Final Rulemaking published at 56 DCR 5404, 5422 (July 3, 2009).

15 DCMR § 4170 (RESERVED)

History

Source: Final Rulemaking published at 56 DCR 5404, 5422 (July 3, 2009).

15 DCMR § 4171 (RESERVED)

History

Source: Final Rulemaking published at 56 DCR 5404, 5422 (July 3, 2009).

15 DCMR § 4172 (RESERVED)

History

Source: Final Rulemaking published at 56 DCR 5404, 5422 (July 3, 2009).

15 DCMR § 4173 (RESERVED)

History

Source: Final Rulemaking published at 56 DCR 5404, 5422 (July 3, 2009).

15 DCMR § 4174 (RESERVED)

History

Source: Final Rulemaking published at 56 DCR 5404, 5422 (July 3, 2009).

15 DCMR § 4175 (RESERVED)

History

Source: Final Rulemaking published at 56 DCR 5404, 5422 (July 3, 2009).

15 DCMR § 4176 (RESERVED)

History

Source: Final Rulemaking published at 56 DCR 5404, 5422 (July 3, 2009).

15 DCMR § 4177 (RESERVED)

History

Source: Final Rulemaking published at 56 DCR 5404, 5422 (July 3, 2009).

15 DCMR § 4178 (RESERVED)

History

Source: Final Rulemaking published at 56 DCR 5404, 5422 (July 3, 2009).

15 DCMR § 4179 (RESERVED)

History

Source: Final Rulemaking published at 56 DCR 5404, 5422 (July 3, 2009).

15 DCMR § 4180 (RESERVED)

History

Source: Final Rulemaking published at 56 DCR 5404, 5422 (July 3, 2009).

15 DCMR § 4181 (RESERVED)

History

Source: Final Rulemaking published at 56 DCR 5404, 5422 (July 3, 2009).

15 DCMR § 4182 (RESERVED)

History

Source: Final Rulemaking published at 56 DCR 5404, 5422 (July 3, 2009).

15 DCMR § 4183 (RESERVED)

History

Source: Final Rulemaking published at 56 DCR 5404, 5422 (July 3, 2009).

15 DCMR § 4184 (RESERVED)

History

Source: Final Rulemaking published at 56 DCR 5404, 5422 (July 3, 2009).

15 DCMR § 4185 (RESERVED)

History

Source: Final Rulemaking published at 56 DCR 5404, 5422 (July 3, 2009).

15 DCMR § 4186 (RESERVED)

History

Source: Final Rulemaking published at 56 DCR 5404, 5422 (July 3, 2009).

15 DCMR § 4187 (RESERVED)

History

Source: Final Rulemaking published at 56 DCR 5404, 5422 (July 3, 2009).

15 DCMR § 4188 (RESERVED)

History

Source: Final Rulemaking published at 56 DCR 5404, 5422 (July 3, 2009).

15 DCMR § 4189 (RESERVED)

History

Source: Final Rulemaking published at 56 DCR 5404, 5422 (July 3, 2009).

15 DCMR § 4190 (RESERVED)

History

Source: Final Rulemaking published at 56 DCR 5404, 5422 (July 3, 2009).

15 DCMR § 4191 (RESERVED)

History

Source: Final Rulemaking published at 56 DCR 5404, 5422 (July 3, 2009).

15 DCMR § 4192 (RESERVED)

History

Source: Final Rulemaking published at 56 DCR 5404, 5422 (July 3, 2009).

15 DCMR § 4193 (RESERVED)

History

Source: Final Rulemaking published at 56 DCR 5404, 5422 (July 3, 2009).

15 DCMR § 4194 (RESERVED)

History

Source: Final Rulemaking published at 56 DCR 5404, 5422 (July 3, 2009).

15 DCMR § 4195 (RESERVED)

History

Source: Final Rulemaking published at 56 DCR 5404, 5422 (July 3, 2009).

15 DCMR § 4196 (RESERVED)

History

Source: Final Rulemaking published at 56 DCR 5404, 5422 (July 3, 2009).

15 DCMR § 4197 (RESERVED)

History

Source: Final Rulemaking published at 56 DCR 5404, 5422 (July 3, 2009).

15 DCMR § 4198 WAIVER OR EXEMPTION

4198.1 Upon the request of any person subject to the provisions of these regulations or upon its own motion, the Commission, for good cause, may waive any of the requirements of these regulations that are not required by statute. No waiver granted pursuant to this provision shall apply retroactively to any wholesale supply agreement.

History

SOURCE: Final Rulemaking published at 56 DC 5404 (July 3, 2009). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 4198

15 DCMR § 4199 DEFINITIONS

4199.1 When used in this chapter, the following terms and phrases shall have the following meaning:

“Aggregator” means a person who acts on behalf of customers to purchase electricity by organizing customers into a single purchasing unit.

“Availability of Standard Offer Service” means the Standard Offer Service available on and after the initial implementation date to: (1) customers who contract for electricity with a Competitive Electricity Supplier , but who fail to receive delivery of electricity under such contracts; (2) customers who cannot arrange to purchase electricity from a Competitive Electricity Supplier ; and (3) customers who do not choose a Competitive Electricity Supplier.

“Commission” means the Public Service Commission of the District of Columbia.

“Competitive Electricity Supplier” or “CES” means a person, other than the SOS Administrator, including an aggregator, broker, or marketer, who generates electricity; sells electricity; or purchases, brokers, arranges or, markets electricity for sale to customers, and shall have the same meaning as the term “Electricity Supplier” set forth Section 101 of the Retail Electric Competition and Consumer Protection Act of 1999, effective May 9, 2000 (D.C. Law 13-107; D.C. Official Code § 34-1501).

“Community Renewable Energy Facility” or “CREF” means an energy facility with a capacity no greater than five (5) megawatts that: (a) uses renewable resources defined as tier one renewable sources in accordance with Section 3(15) of the Renewable Energy Portfolio Standard Act of 2004, effective April 12, 2005 (D.C. Law 15-340; D.C. Official Code § 34-1431(15), as amended); (b) is located within the District of Columbia; (c) has at least two (2) Subscribers; and (d) has executed an Interconnection Agreement and CREF Rider with the Electric Company.

“Distribution Customer Class” means the tariffed rate class under which a customer takes distribution delivery service from the Electric Company.

Building owners, lessees, or managers who manage the internal distribution system serving such building and who supply electricity solely to the occupants of the building for use by the occupants;

Any Person who purchases electricity for its own use or for the use of its subsidiaries or affiliates;

Property owners who supply small amounts of power, at cost, as an accommodation to lessors or licensees of the property;

Consolidators;

An Electric Company; and

“Fitch” means Fitch Ratings.

“Investment Grade” means a BBB- or Baa3 credit rating with S&P or Moody’s respectively; provided, that if the SOS Administrator’s credit ratings by S&P and Moody’s are not equivalent, the lower of the credit ratings shall govern for purposes of these rules.

“Long-Term Renewable Energy Power Purchase Agreement” – an Agreement to purchase electric supply from renewable resources procured pursuant to this chapter.

“Moody’s” means Moody’s Investor Services, Inc.

“Network Integrated Transmission Service” or “NITS” “is the transmission service provided pursuant to the rates, terms, and conditions set forth in the PJM tariff.

“PJM” means the Pennsylvania-New Jersey-Maryland Interconnection, LLC, or any successor thereto.

Renewable Energy Credit or REC – a credit representing one megawatt hour (1 MWh) of energy produced by Tier One or Tier Two renewable source located within the PJM Interconnection region; or until January 1, 2029, a Tier One or Tier Two renewable source located within an Adjacent PJM State that was certified by the Commission as of March 22, 2019, the effective date of the CleanEnergy DC Omnibus Amendment Act of 2018 (D.C. Law 22-257).

“Renewable Energy Generator” – the entity that provides the renewable energy pursuant to a Long-Term Renewable Energy Power Purchase Agreement who is a party to such a contract.

“Retail Access” means the right of Competitive Electricity Suppliers and consumers to use and interconnect with the electric distribution system on a nondiscriminatory basis in order to distribute electricity from any Competitive Electricity Supplier to any customer. Under this right, consumers shall have the opportunity to purchase electricity supply from their choice of licensed Competitive Electricity Suppliers.

“S&P” means the Standard & Poor’s Rating Group (a division of McGraw-Hill, Inc.).

“Slamming” means the unauthorized switching of a customer’s electricity service to a Competitive Electricity Supplier.

“Standard Offer Service” or “SOS” means electricity supply made available to: (1) customers who contract for electricity with a Competitive Electricity Supplier, but who fail to receive delivery of electricity under such contracts; (2) customers who cannot arrange to purchase electricity from a Competitive Electricity Supplier; and (3) customers who do not choose a Competitive Electricity Supplier.

“Standard Offer Classes” means the customer groupings within the Electric Company’s utility service territory as specified in Section 4102.3 of this chapter.

“Subscriber” means a retail customer of a Competitive Electricity Supplier or a SOS customer of the Electric Distribution Company in the District of Columbia who owns a subscription in a CREF and who has identified an individual billing meter within the District of Columbia to which the subscription shall be attributed.

“Subscriber Organization” means any individual or for-profit or nonprofit entity permitted by District of Columbia law that owns or operates one or more CREFs for the benefit of Subscribers.

“Subscription” means a percentage interest in a CREF’s electrical production.

“Tranche” means a round of bidding for a set of bid blocks for each customer group—Residential, Small Commercial, and Large Commercial.

“Wholesale Full Requirements Service” means all necessary energy delivered to the PJM grid, capacity, transmission other than Network Integrated Transmission Service, ancillary services, energy losses from transmission and distribution, and congestion management, as all these services are defined pursuant to the PJM tariffs and procedures.

“Wholesale Full Requirements Service Agreement” is the document that will specify the terms and conditions that govern the contractual relationship between the SOS Administrator and each of the Wholesale SOS Providers that is awarded a contract pursuant to the bidding procedures specified in the RFP.

“Wholesale Standard Offer Service Provider(s)” or “Wholesale SOS Provider(s)” – the entities selected pursuant to this chapter to provide Wholesale Full Requirements Service supply of SOS.

History

SOURCE: Final Rulemaking published at 56 DC 5404 (July 3, 2009); as amended by Final Rulemaking published at 62 DCR 5707 (May 8, 2015); as amended by Final Rulemaking published at 65 DCR 11025 (October 5, 2018); as amended by Final Rulemaking published at 68 DCR 3534 (April 2, 2021). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 4199

15-42 FUEL MIX AND EMISSIONS DISCLOSURE REPORTS

15 DCMR § 4200 APPLICABILITY

4200.1 This Chapter establishes the Public Service Commission's ("Commission") regulations governing the disclosure of fuel mix and emissions applicable to an Electricity Supplier as provided in D.C. Official Code §§ 34-1504(c)(2) and 34-1517(b)-(c).

History

AUTHORITY: D.C. Official Code § 34-1504(b) (2007 Supp.).
SOURCE: Final Rulemaking published at 55 DCR 9737 (September 12, 2008), incorporating by reference the text of Proposed Rulemaking published at 55 DCR 7572 (July 11, 2008).

15 DCMR § 4201 FUEL MIX AND EMISSIONS DISCLOSURE REQUIREMENTS

4201.1 Each active District of Columbia Electricity Supplier and the Electric Company shall report every six (6) months the fuel mix of electricity sold and the emissions produced in accordance with D.C. Official Code §§ 34-1504(c)(2)(A)(i) and 34-1517(b).

4201.2 Each active Electricity Supplier and the Electric Company must submit a semi-annual Fuel Mix and Emissions Report ("Fuel Mix Report") to the Commission on June 1 and December 1. The June 1 report shall provide fuel mix and emissions information for the prior calendar year. The December 1 report shall provide fuel mix and emission information for the period January through June of the current year.

4201.3 Each Fuel Mix Report must contain the following information in accordance with D.C. Official Code §§ 34-1504(c)(2)(A)(i) and 34-1517(b):

(a) The percentage of electricity generated from the following energy sources:

(1) Coal;

(2) Oil;

(3) Natural gas;

(4) Nuclear;

(5) Solar;

(6) Wind;

(7) Biomass;

(8) Captured methane gas from landfill gas or wastewater treatment plant;

(9) Water, including hydroelectric and ocean;

(10) Geothermal;

(11) Municipal solid waste; and

(12) Other.

(b) The emissions in pounds per megawatt-hour of:

(1) Carbon dioxide;

(2) Nitrogen oxides; and

(3) Sulfur dioxide.

4201.4 In the Fuel Mix Report, the percentages for § 4201.3(a)(5) through (11) above should also be added together and designated as the "Renewable Energy Resources Subtotal."

4201.5 For electricity sold by an Electricity Supplier or the Electric Company that is from a specific generation resource, including any renewable energy credits associated with generation in the reporting period, the Electricity Supplier or the Electric Company shall include the specific generation resource in its Fuel Mix Report.

4201.6 For electricity sold by an Electricity Supplier or the Electric Company that is not from specific generation resources, the Electricity Supplier or the Electric Company shall include the PJM Environmental Information Services, Inc. ("PJM EIS") average residual fuel mix statistics, by generation resource, in its Fuel Mix Report. Pursuant to § 4201.2 for the Fuel Mix Reports to be submitted by December 1 covering the time period January through June of the current year, Electricity Suppliers and the Electric Company may use estimates, if the actual numbers are unavailable, when reporting residual fuel mix statistics.

4201.7 A Fuel Mix Report shall be in a format similar to the information provided by the PJM EIS.

4201.8 Each Electricity Supplier and the Electric Company shall provide a Fuel Mix Report to its customers in the District of Columbia within the June and December billing cycles each year in accordance with D.C. Official Code §§ 34-1504(c)(2)(B)-(C) and consistent with § 4201.3 of this Chapter. The Fuel Mix Report submitted to the Commission shall indicate that the information is also being disclosed to customers.

4201.9 If an Electricity Supplier or the Electric Company fails to file a semi-annual Fuel Mix Report or to disclose the information to its customers as required by this Chapter and D.C. Official Code §§ 34-1504(c)(2)(B)-(C), that company may be subject to Commission action. In addition, pursuant to D.C. Official Code § 34-1508, failure to file a Fuel Mix Report or disclose information to customers may result in suspension or revocation of a license to supply electricity or imposition of a civil penalty up to $ 10,000 per violation.

History

SOURCE: Final Rulemaking published at 55 DCR 9737 (September 12, 2008), incorporating by reference the text of Proposed Rulemaking published at 55 DCR 7572 (July 11, 2008).

15 DCMR § 4202 WAIVER

4202.1 The Commission may upon request, or on its own initiative after notice to the parties of its intention do so, waive any provision of this chapter for good cause.

History

SOURCE: Final Rulemaking published at 55 DCR 9737 (September 12, 2008), incorporating by reference the text of Proposed Rulemaking published at 55 DCR 7572 (July 11, 2008); as amended by Final Rulemaking published at 67 DCR 11091 (September 18, 2020). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 4202

15 DCMR § 4206 [RESERVED]

History

SOURCE: Final Rulemaking published at 55 DCR 9737 (September 12, 2008), incorporating by reference the text of Proposed Rulemaking published at 55 DCR 7572 (July 11, 2008).

15 DCMR § 4207 [RESERVED]

History

SOURCE: Final Rulemaking published at 55 DCR 9737 (September 12, 2008), incorporating by reference the text of Proposed Rulemaking published at 55 DCR 7572 (July 11, 2008).

15 DCMR § 4208 [RESERVED]

History

SOURCE: Final Rulemaking published at 55 DCR 9737 (September 12, 2008), incorporating by reference the text of Proposed Rulemaking published at 55 DCR 7572 (July 11, 2008).

15 DCMR § 4209 [RESERVED]

History

SOURCE: Final Rulemaking published at 55 DCR 9737 (September 12, 2008), incorporating by reference the text of Proposed Rulemaking published at 55 DCR 7572 (July 11, 2008).

15 DCMR § 4210 [RESERVED]

History

SOURCE: Final Rulemaking published at 55 DCR 9737 (September 12, 2008), incorporating by reference the text of Proposed Rulemaking published at 55 DCR 7572 (July 11, 2008).

15 DCMR § 4211 [RESERVED]

History

SOURCE: Final Rulemaking published at 55 DCR 9737 (September 12, 2008), incorporating by reference the text of Proposed Rulemaking published at 55 DCR 7572 (July 11, 2008).

15 DCMR § 4212 [RESERVED]

History

SOURCE: Final Rulemaking published at 55 DCR 9737 (September 12, 2008), incorporating by reference the text of Proposed Rulemaking published at 55 DCR 7572 (July 11, 2008).

15 DCMR § 4213 [RESERVED]

History

SOURCE: Final Rulemaking published at 55 DCR 9737 (September 12, 2008), incorporating by reference the text of Proposed Rulemaking published at 55 DCR 7572 (July 11, 2008).

15 DCMR § 4214 [RESERVED]

History

SOURCE: Final Rulemaking published at 55 DCR 9737 (September 12, 2008), incorporating by reference the text of Proposed Rulemaking published at 55 DCR 7572 (July 11, 2008).

15 DCMR § 4215 [RESERVED]

History

SOURCE: Final Rulemaking published at 55 DCR 9737 (September 12, 2008), incorporating by reference the text of Proposed Rulemaking published at 55 DCR 7572 (July 11, 2008).

15 DCMR § 4216 [RESERVED]

History

SOURCE: Final Rulemaking published at 55 DCR 9737 (September 12, 2008), incorporating by reference the text of Proposed Rulemaking published at 55 DCR 7572 (July 11, 2008).

15 DCMR § 4217 [RESERVED]

History

SOURCE: Final Rulemaking published at 55 DCR 9737 (September 12, 2008), incorporating by reference the text of Proposed Rulemaking published at 55 DCR 7572 (July 11, 2008).

15 DCMR § 4218 [RESERVED]

History

SOURCE: Final Rulemaking published at 55 DCR 9737 (September 12, 2008), incorporating by reference the text of Proposed Rulemaking published at 55 DCR 7572 (July 11, 2008).

15 DCMR § 4219 [RESERVED]

History

SOURCE: Final Rulemaking published at 55 DCR 9737 (September 12, 2008), incorporating by reference the text of Proposed Rulemaking published at 55 DCR 7572 (July 11, 2008).

15 DCMR § 4220 [RESERVED]

History

SOURCE: Final Rulemaking published at 55 DCR 9737 (September 12, 2008), incorporating by reference the text of Proposed Rulemaking published at 55 DCR 7572 (July 11, 2008).

15 DCMR § 4221 [RESERVED]

History

SOURCE: Final Rulemaking published at 55 DCR 9737 (September 12, 2008), incorporating by reference the text of Proposed Rulemaking published at 55 DCR 7572 (July 11, 2008).

15 DCMR § 4222 [RESERVED]

History

SOURCE: Final Rulemaking published at 55 DCR 9737 (September 12, 2008), incorporating by reference the text of Proposed Rulemaking published at 55 DCR 7572 (July 11, 2008).

15 DCMR § 4223 [RESERVED]

History

SOURCE: Final Rulemaking published at 55 DCR 9737 (September 12, 2008), incorporating by reference the text of Proposed Rulemaking published at 55 DCR 7572 (July 11, 2008).

15 DCMR § 4224 [RESERVED]

History

SOURCE: Final Rulemaking published at 55 DCR 9737 (September 12, 2008), incorporating by reference the text of Proposed Rulemaking published at 55 DCR 7572 (July 11, 2008).

15 DCMR § 4225 [RESERVED]

History

SOURCE: Final Rulemaking published at 55 DCR 9737 (September 12, 2008), incorporating by reference the text of Proposed Rulemaking published at 55 DCR 7572 (July 11, 2008).

15 DCMR § 4226 [RESERVED]

History

SOURCE: Final Rulemaking published at 55 DCR 9737 (September 12, 2008), incorporating by reference the text of Proposed Rulemaking published at 55 DCR 7572 (July 11, 2008).

15 DCMR § 4227 [RESERVED]

History

SOURCE: Final Rulemaking published at 55 DCR 9737 (September 12, 2008), incorporating by reference the text of Proposed Rulemaking published at 55 DCR 7572 (July 11, 2008).

15 DCMR § 4228 [RESERVED]

History

SOURCE: Final Rulemaking published at 55 DCR 9737 (September 12, 2008), incorporating by reference the text of Proposed Rulemaking published at 55 DCR 7572 (July 11, 2008).

15 DCMR § 4229 [RESERVED]

History

SOURCE: Final Rulemaking published at 55 DCR 9737 (September 12, 2008), incorporating by reference the text of Proposed Rulemaking published at 55 DCR 7572 (July 11, 2008).

15 DCMR § 4230 [RESERVED]

History

SOURCE: Final Rulemaking published at 55 DCR 9737 (September 12, 2008), incorporating by reference the text of Proposed Rulemaking published at 55 DCR 7572 (July 11, 2008).

15 DCMR § 4231 [RESERVED]

History

SOURCE: Final Rulemaking published at 55 DCR 9737 (September 12, 2008), incorporating by reference the text of Proposed Rulemaking published at 55 DCR 7572 (July 11, 2008).

15 DCMR § 4232 [RESERVED]

History

SOURCE: Final Rulemaking published at 55 DCR 9737 (September 12, 2008), incorporating by reference the text of Proposed Rulemaking published at 55 DCR 7572 (July 11, 2008).

15 DCMR § 4233 [RESERVED]

History

SOURCE: Final Rulemaking published at 55 DCR 9737 (September 12, 2008), incorporating by reference the text of Proposed Rulemaking published at 55 DCR 7572 (July 11, 2008).

15 DCMR § 4234 [RESERVED]

History

SOURCE: Final Rulemaking published at 55 DCR 9737 (September 12, 2008), incorporating by reference the text of Proposed Rulemaking published at 55 DCR 7572 (July 11, 2008).

15 DCMR § 4235 [RESERVED]

History

SOURCE: Final Rulemaking published at 55 DCR 9737 (September 12, 2008), incorporating by reference the text of Proposed Rulemaking published at 55 DCR 7572 (July 11, 2008).

15 DCMR § 4236 [RESERVED]

History

SOURCE: Final Rulemaking published at 55 DCR 9737 (September 12, 2008), incorporating by reference the text of Proposed Rulemaking published at 55 DCR 7572 (July 11, 2008).

15 DCMR § 4237 [RESERVED]

History

SOURCE: Final Rulemaking published at 55 DCR 9737 (September 12, 2008), incorporating by reference the text of Proposed Rulemaking published at 55 DCR 7572 (July 11, 2008).

15 DCMR § 4238 [RESERVED]

History

SOURCE: Final Rulemaking published at 55 DCR 9737 (September 12, 2008), incorporating by reference the text of Proposed Rulemaking published at 55 DCR 7572 (July 11, 2008).

15 DCMR § 4239 [RESERVED]

History

SOURCE: Final Rulemaking published at 55 DCR 9737 (September 12, 2008), incorporating by reference the text of Proposed Rulemaking published at 55 DCR 7572 (July 11, 2008).

15 DCMR § 4240 [RESERVED]

History

SOURCE: Final Rulemaking published at 55 DCR 9737 (September 12, 2008), incorporating by reference the text of Proposed Rulemaking published at 55 DCR 7572 (July 11, 2008).

15 DCMR § 4241 [RESERVED]

History

SOURCE: Final Rulemaking published at 55 DCR 9737 (September 12, 2008), incorporating by reference the text of Proposed Rulemaking published at 55 DCR 7572 (July 11, 2008).

15 DCMR § 4242 [RESERVED]

History

SOURCE: Final Rulemaking published at 55 DCR 9737 (September 12, 2008), incorporating by reference the text of Proposed Rulemaking published at 55 DCR 7572 (July 11, 2008).

15 DCMR § 4243 [RESERVED]

History

SOURCE: Final Rulemaking published at 55 DCR 9737 (September 12, 2008), incorporating by reference the text of Proposed Rulemaking published at 55 DCR 7572 (July 11, 2008).

15 DCMR § 4244 [RESERVED]

History

SOURCE: Final Rulemaking published at 55 DCR 9737 (September 12, 2008), incorporating by reference the text of Proposed Rulemaking published at 55 DCR 7572 (July 11, 2008).

15 DCMR § 4245 [RESERVED]

History

SOURCE: Final Rulemaking published at 55 DCR 9737 (September 12, 2008), incorporating by reference the text of Proposed Rulemaking published at 55 DCR 7572 (July 11, 2008).

15 DCMR § 4246 [RESERVED]

History

SOURCE: Final Rulemaking published at 55 DCR 9737 (September 12, 2008), incorporating by reference the text of Proposed Rulemaking published at 55 DCR 7572 (July 11, 2008).

15 DCMR § 4247 [RESERVED]

History

SOURCE: Final Rulemaking published at 55 DCR 9737 (September 12, 2008), incorporating by reference the text of Proposed Rulemaking published at 55 DCR 7572 (July 11, 2008).

15 DCMR § 4248 [RESERVED]

History

SOURCE: Final Rulemaking published at 55 DCR 9737 (September 12, 2008), incorporating by reference the text of Proposed Rulemaking published at 55 DCR 7572 (July 11, 2008).

15 DCMR § 4249 [RESERVED]

History

SOURCE: Final Rulemaking published at 55 DCR 9737 (September 12, 2008), incorporating by reference the text of Proposed Rulemaking published at 55 DCR 7572 (July 11, 2008).

15 DCMR § 4250 [RESERVED]

History

SOURCE: Final Rulemaking published at 55 DCR 9737 (September 12, 2008), incorporating by reference the text of Proposed Rulemaking published at 55 DCR 7572 (July 11, 2008).

15 DCMR § 4251 [RESERVED]

History

SOURCE: Final Rulemaking published at 55 DCR 9737 (September 12, 2008), incorporating by reference the text of Proposed Rulemaking published at 55 DCR 7572 (July 11, 2008).

15 DCMR § 4252 [RESERVED]

History

SOURCE: Final Rulemaking published at 55 DCR 9737 (September 12, 2008), incorporating by reference the text of Proposed Rulemaking published at 55 DCR 7572 (July 11, 2008).

15 DCMR § 4253 [RESERVED]

History

SOURCE: Final Rulemaking published at 55 DCR 9737 (September 12, 2008), incorporating by reference the text of Proposed Rulemaking published at 55 DCR 7572 (July 11, 2008).

15 DCMR § 4254 [RESERVED]

History

SOURCE: Final Rulemaking published at 55 DCR 9737 (September 12, 2008), incorporating by reference the text of Proposed Rulemaking published at 55 DCR 7572 (July 11, 2008).

15 DCMR § 4255 [RESERVED]

History

SOURCE: Final Rulemaking published at 55 DCR 9737 (September 12, 2008), incorporating by reference the text of Proposed Rulemaking published at 55 DCR 7572 (July 11, 2008).

15 DCMR § 4256 [RESERVED]

History

SOURCE: Final Rulemaking published at 55 DCR 9737 (September 12, 2008), incorporating by reference the text of Proposed Rulemaking published at 55 DCR 7572 (July 11, 2008).

15 DCMR § 4257 [RESERVED]

History

SOURCE: Final Rulemaking published at 55 DCR 9737 (September 12, 2008), incorporating by reference the text of Proposed Rulemaking published at 55 DCR 7572 (July 11, 2008).

15 DCMR § 4258 [RESERVED]

History

SOURCE: Final Rulemaking published at 55 DCR 9737 (September 12, 2008), incorporating by reference the text of Proposed Rulemaking published at 55 DCR 7572 (July 11, 2008).

15 DCMR § 4259 [RESERVED]

History

SOURCE: Final Rulemaking published at 55 DCR 9737 (September 12, 2008), incorporating by reference the text of Proposed Rulemaking published at 55 DCR 7572 (July 11, 2008).

15 DCMR § 4260 [RESERVED]

History

SOURCE: Final Rulemaking published at 55 DCR 9737 (September 12, 2008), incorporating by reference the text of Proposed Rulemaking published at 55 DCR 7572 (July 11, 2008).

15 DCMR § 4261 [RESERVED]

History

SOURCE: Final Rulemaking published at 55 DCR 9737 (September 12, 2008), incorporating by reference the text of Proposed Rulemaking published at 55 DCR 7572 (July 11, 2008).

15 DCMR § 4262 [RESERVED]

History

SOURCE: Final Rulemaking published at 55 DCR 9737 (September 12, 2008), incorporating by reference the text of Proposed Rulemaking published at 55 DCR 7572 (July 11, 2008).

15 DCMR § 4263 [RESERVED]

History

SOURCE: Final Rulemaking published at 55 DCR 9737 (September 12, 2008), incorporating by reference the text of Proposed Rulemaking published at 55 DCR 7572 (July 11, 2008).

15 DCMR § 4264 [RESERVED]

History

SOURCE: Final Rulemaking published at 55 DCR 9737 (September 12, 2008), incorporating by reference the text of Proposed Rulemaking published at 55 DCR 7572 (July 11, 2008).

15 DCMR § 4265 [RESERVED]

History

SOURCE: Final Rulemaking published at 55 DCR 9737 (September 12, 2008), incorporating by reference the text of Proposed Rulemaking published at 55 DCR 7572 (July 11, 2008).

15 DCMR § 4266 [RESERVED]

History

SOURCE: Final Rulemaking published at 55 DCR 9737 (September 12, 2008), incorporating by reference the text of Proposed Rulemaking published at 55 DCR 7572 (July 11, 2008).

15 DCMR § 4267 [RESERVED]

History

SOURCE: Final Rulemaking published at 55 DCR 9737 (September 12, 2008), incorporating by reference the text of Proposed Rulemaking published at 55 DCR 7572 (July 11, 2008).

15 DCMR § 4268 [RESERVED]

History

SOURCE: Final Rulemaking published at 55 DCR 9737 (September 12, 2008), incorporating by reference the text of Proposed Rulemaking published at 55 DCR 7572 (July 11, 2008).

15 DCMR § 4269 [RESERVED]

History

SOURCE: Final Rulemaking published at 55 DCR 9737 (September 12, 2008), incorporating by reference the text of Proposed Rulemaking published at 55 DCR 7572 (July 11, 2008).

15 DCMR § 4270 [RESERVED]

History

SOURCE: Final Rulemaking published at 55 DCR 9737 (September 12, 2008), incorporating by reference the text of Proposed Rulemaking published at 55 DCR 7572 (July 11, 2008).

15 DCMR § 4271 [RESERVED]

History

SOURCE: Final Rulemaking published at 55 DCR 9737 (September 12, 2008), incorporating by reference the text of Proposed Rulemaking published at 55 DCR 7572 (July 11, 2008).

15 DCMR § 4272 [RESERVED]

History

SOURCE: Final Rulemaking published at 55 DCR 9737 (September 12, 2008), incorporating by reference the text of Proposed Rulemaking published at 55 DCR 7572 (July 11, 2008).

15 DCMR § 4273 [RESERVED]

History

SOURCE: Final Rulemaking published at 55 DCR 9737 (September 12, 2008), incorporating by reference the text of Proposed Rulemaking published at 55 DCR 7572 (July 11, 2008).

15 DCMR § 4274 [RESERVED]

History

SOURCE: Final Rulemaking published at 55 DCR 9737 (September 12, 2008), incorporating by reference the text of Proposed Rulemaking published at 55 DCR 7572 (July 11, 2008).

15 DCMR § 4275 [RESERVED]

History

SOURCE: Final Rulemaking published at 55 DCR 9737 (September 12, 2008), incorporating by reference the text of Proposed Rulemaking published at 55 DCR 7572 (July 11, 2008).

15 DCMR § 4276 [RESERVED]

History

SOURCE: Final Rulemaking published at 55 DCR 9737 (September 12, 2008), incorporating by reference the text of Proposed Rulemaking published at 55 DCR 7572 (July 11, 2008).

15 DCMR § 4277 [RESERVED]

History

SOURCE: Final Rulemaking published at 55 DCR 9737 (September 12, 2008), incorporating by reference the text of Proposed Rulemaking published at 55 DCR 7572 (July 11, 2008).

15 DCMR § 4278 [RESERVED]

History

SOURCE: Final Rulemaking published at 55 DCR 9737 (September 12, 2008), incorporating by reference the text of Proposed Rulemaking published at 55 DCR 7572 (July 11, 2008).

15 DCMR § 4279 [RESERVED]

History

SOURCE: Final Rulemaking published at 55 DCR 9737 (September 12, 2008), incorporating by reference the text of Proposed Rulemaking published at 55 DCR 7572 (July 11, 2008).

15 DCMR § 4280 [RESERVED]

History

SOURCE: Final Rulemaking published at 55 DCR 9737 (September 12, 2008), incorporating by reference the text of Proposed Rulemaking published at 55 DCR 7572 (July 11, 2008).

15 DCMR § 4281 [RESERVED]

History

SOURCE: Final Rulemaking published at 55 DCR 9737 (September 12, 2008), incorporating by reference the text of Proposed Rulemaking published at 55 DCR 7572 (July 11, 2008).

15 DCMR § 4282 [RESERVED]

History

SOURCE: Final Rulemaking published at 55 DCR 9737 (September 12, 2008), incorporating by reference the text of Proposed Rulemaking published at 55 DCR 7572 (July 11, 2008).

15 DCMR § 4283 [RESERVED]

History

SOURCE: Final Rulemaking published at 55 DCR 9737 (September 12, 2008), incorporating by reference the text of Proposed Rulemaking published at 55 DCR 7572 (July 11, 2008).

15 DCMR § 4284 [RESERVED]

History

SOURCE: Final Rulemaking published at 55 DCR 9737 (September 12, 2008), incorporating by reference the text of Proposed Rulemaking published at 55 DCR 7572 (July 11, 2008).

15 DCMR § 4285 [RESERVED]

History

SOURCE: Final Rulemaking published at 55 DCR 9737 (September 12, 2008), incorporating by reference the text of Proposed Rulemaking published at 55 DCR 7572 (July 11, 2008).

15 DCMR § 4286 [RESERVED]

History

SOURCE: Final Rulemaking published at 55 DCR 9737 (September 12, 2008), incorporating by reference the text of Proposed Rulemaking published at 55 DCR 7572 (July 11, 2008).

15 DCMR § 4287 [RESERVED]

History

SOURCE: Final Rulemaking published at 55 DCR 9737 (September 12, 2008), incorporating by reference the text of Proposed Rulemaking published at 55 DCR 7572 (July 11, 2008).

15 DCMR § 4288 [RESERVED]

History

SOURCE: Final Rulemaking published at 55 DCR 9737 (September 12, 2008), incorporating by reference the text of Proposed Rulemaking published at 55 DCR 7572 (July 11, 2008).

15 DCMR § 4289 [RESERVED]

History

SOURCE: Final Rulemaking published at 55 DCR 9737 (September 12, 2008), incorporating by reference the text of Proposed Rulemaking published at 55 DCR 7572 (July 11, 2008).

15 DCMR § 4290 [RESERVED]

History

SOURCE: Final Rulemaking published at 55 DCR 9737 (September 12, 2008), incorporating by reference the text of Proposed Rulemaking published at 55 DCR 7572 (July 11, 2008).

15 DCMR § 4291 [RESERVED]

History

SOURCE: Final Rulemaking published at 55 DCR 9737 (September 12, 2008), incorporating by reference the text of Proposed Rulemaking published at 55 DCR 7572 (July 11, 2008).

15 DCMR § 4292 [RESERVED]

History

SOURCE: Final Rulemaking published at 55 DCR 9737 (September 12, 2008), incorporating by reference the text of Proposed Rulemaking published at 55 DCR 7572 (July 11, 2008).

15 DCMR § 4293 [RESERVED]

History

SOURCE: Final Rulemaking published at 55 DCR 9737 (September 12, 2008), incorporating by reference the text of Proposed Rulemaking published at 55 DCR 7572 (July 11, 2008).

15 DCMR § 4294 [RESERVED]

History

SOURCE: Final Rulemaking published at 55 DCR 9737 (September 12, 2008), incorporating by reference the text of Proposed Rulemaking published at 55 DCR 7572 (July 11, 2008).

15 DCMR § 4295 [RESERVED]

History

SOURCE: Final Rulemaking published at 55 DCR 9737 (September 12, 2008), incorporating by reference the text of Proposed Rulemaking published at 55 DCR 7572 (July 11, 2008).

15 DCMR § 4296 [RESERVED]

History

SOURCE: Final Rulemaking published at 55 DCR 9737 (September 12, 2008), incorporating by reference the text of Proposed Rulemaking published at 55 DCR 7572 (July 11, 2008).

15 DCMR § 4297 [RESERVED]

History

SOURCE: Final Rulemaking published at 55 DCR 9737 (September 12, 2008), incorporating by reference the text of Proposed Rulemaking published at 55 DCR 7572 (July 11, 2008).

15 DCMR § 4298 [RESERVED]

History

SOURCE: Final Rulemaking published at 55 DCR 9737 (September 12, 2008), incorporating by reference the text of Proposed Rulemaking published at 55 DCR 7572 (July 11, 2008).

15 DCMR § 4299 DEFINITIONS

4299.1 For the purposes of this chapter:

"Biomass" means a solid, nonhazardous, cellulosic waste material that is segregated from other waste materials and is derived from any of the following forest-related resources, with the exception of old growth timber, unsegregated solid waste, or post-consumer waste paper: (a) mill residue, (b) precommercial soft wood thinning, (c) slash, (d) brush, (e) yard waste, (f) waste pallet, crate or dunnage, and (g) agricultural sources, including tree crops, vineyard materials, grain, legumes, sugar, and other crop by-products or residues.

"Commission" means the Public Service Commission of the District of Columbia.

Building owners, lessees, or managers who manage the internal distribution system serving such building and who supply electricity solely to the occupants of the building for use by the occupants;

Any Person who purchases electricity for its own use or for the use of its subsidiaries or affiliates;

Property owners who supply small amounts of power, at cost, as an accommodation to lessors or licensees of the property;

Consolidators;

An Electric Company; and

"Hydroelectric" means power produced through conventional hydroelectric turbines.

"Ocean" means power produced from currents, tides, waves, and thermal differences.

"PJM Environmental Information Services" means the wholly-owned subsidiary of PJM Technologies, Inc. that provides environmental and emissions attributes’ reporting and tracking services to its subscribers.

"Residual fuel mix" means the net amount of generation remaining after subtracting from the total generation occurring during a year any generation that has been removed through specific claims on such generation.

History

SOURCE: Final Rulemaking published at 55 DCR 9737 (September 12, 2008), incorporating by reference the text of Proposed Rulemaking published at 55 DCR 7572 (July 11, 2008); as amended by Final Rulemaking published at 65 DCR 11025 (October 5, 2018). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 4299

15-43 RULES FOR THE PURCHASE OF LIQUID-IMMERSED DISTRIBUTION TRANSFORMERS BY THE ELECTRIC UTILITY

15 DCMR § 4300 GENERAL PROVISIONS

4300.1 This Chapter implements the Energy Efficiency Standards Act of 2007, and governs the purchase of Liquid-Immersed Distribution Transformers. This rulemaking shall be cited as the "District of Columbia LIDT Purchasing Rules".

History

AUTHORITY: D.C. Official Code § 34-802
SOURCE: Final Rulemaking published at 55 DCR 11319 (October 31, 2008), incorporating by reference the text of Proposed Rulemaking published at 55 DCR 9740-9743 (September 12, 2008).

15 DCMR § 4301 PURCHASE OF LIQUID-IMMERSED DISTRIBUTION TRANSFORMERS

4301.1 This regulation applies to the electric utility that provides electric distribution service to the District of Columbia.

4301.2 After January 1, 2009, and subject to reasonable commercial availability, the electric utility shall purchase liquid-immersed distribution transformers using the life-cycle cost methodology specified in Section 2, Efficiency Evaluation for Electric Utilities of NEMA Standards Publication TP 1-2002.

4301.3 Evaluation of Distribution Transformer Models:

(a) Within each capacity class or type of liquid-immersed distribution transformers, a reasonable number of commercially available models shall be evaluated and, except as provided in paragraph (b), the model in each such class or type with the lowest total owning costs as determined by the life-cycle cost methodology shall be selected for the purchase.

(b) If a utility is soliciting bids to supply multiple capacity classes or types of liquid-immersed distribution transformers under a single contract, models offered by a supplier in more than one capacity class or type may be combined for purposes of life-cycle cost evaluation, provided that the aggregation of models offered by a single supplier in such combined classes or types with the lowest total owning cost as determined by the life-cycle cost methodology conducted prior to contract award shall be selected for purchase.

(c) For purposes of this evaluation, all values for load losses and no-load losses shall be determined through the methods specified in the "Uniform Test Method for Measuring the Energy Consumption of Distribution Transformers," Appendix A to Subpart K of 10 CFR, Part 431, as amended, which is incorporated by reference.

(d) For purposes of this evaluation, estimated values of energy and capacity shall be based upon the most current year available at the time of any bid solicitation. Nothing in this regulation shall require a utility to purchase any liquid-immersed distribution transformer that fails to meet federal energy efficiency standards specified in 10 CFR Part 431, as amended, which is incorporated by reference.

4301.4 After January 1, 2010, and subject to reasonable commercial availability, the electric utility shall purchase liquid-immersed distribution transformers that meet or exceed the energy efficiency standards specified in the Department of Energy's ("DOE") final rules in Part 431 of Title 10 of the Code of Federal Regulations.

History

SOURCE: Final Rulemaking published at 55 DCR 11319 (October 31, 2008), incorporating by reference the text of Proposed Rulemaking published at 55 DCR 9740-9743 (September 12, 2008).

15 DCMR § 4302 INFORMATION TO BE FILED WITH THE COMMISSION

4302.1 On or before May 1 of each year, the electric utility shall file a report entitled "Distribution Transformer Report" which demonstrates whether the utility complied with the Energy Standards Act of 2007. The report shall include:

(a) The number of models of transformers in each capacity class or type that were evaluated during the reporting period;

(b) The avoided cost of generation and transmission energy and capacity used in the life-cycle cost analysis; and

(c) The estimated savings in energy and capacity resulting from the purchase of transformers in the year, compared with minimally efficient distribution transformers of the same capacity, class or type.

History

SOURCE: Final Rulemaking published at 55 DCR 11319 (October 31, 2008), incorporating by reference the text of Proposed Rulemaking published at 55 DCR 9740-9743 (September 12, 2008);

15 DCMR § 4303 WAIVER

4303.1 The Commission may upon request, or on its own initiative after notice to the parties of its intention do so, waive any provision of this chapter for good cause.

History

SOURCE: Final Rulemaking published at 55 DCR 11319 (October 31, 2008), incorporating by reference the text of Proposed Rulemaking published at 55 DCR 9740-9743 (September 12, 2008); as amended by Final Rulemaking published at 67 DCR 11091 (September 18, 2020). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 4303

15 DCMR § 4304 DEFINITIONS

4304.1 When used in this rulemaking, the following terms and phrases shall have the following meaning:

"Commission" means the Public Service Commission of the District of Columbia.

"Electric Utility" means the company that provides electric distribution service and is regulated by the Public Service Commission of the District of Columbia.

"Liquid-immersed distribution transformer" means a transformer that has an input voltage of 34,500 volts or less, an output voltage of 600 volts or less, uses oil or other liquid as a coolant, and is rated for operation at a frequency of 60 Hertz.

"Minimally efficient distribution transformer", for reporting purposes of this chapter, shall mean:

(a) For transformers purchased before January, 2010, a transformer meeting the minimum efficiency specification established in Table 4-1 of NEMA Standards Publication TP 1-2002, which is incorporated by reference; and

(b) For transformers purchased on or after January 1, 2010, a transformer meeting the minimum efficiency standard established in 10 CFR Part 431, as amended, which is incorporated by reference.

"Transformer" means a device consisting of two or more coils of insulated wire that is designed to transfer alternating current by electromagnetic induction from one coil to another to change the original voltage or current value.

History

SOURCE: Final Rulemaking published at 55 DCR 11319 (October 31, 2008), incorporating by reference the text of Proposed Rulemaking published at 55 DCR 9740-9743 (September 12, 2008).

15-44 SUBMETERING AND ENERGY ALLOCATION

15 DCMR § 4400 PURPOSE AND APPLICABILITY

4400.1 The purpose of this chapter is to establish standards and requirements for the accuracy, testing, billing, recordkeeping, and regulation of submetering and energy allocation equipment, and appropriate safeguards for the tenant, as well as to define the responsibilities of the owner.

4400.2 Any owner of a building which is not individually metered for electricity or natural gas for each nonresidential rental unit may install submetering equipment or energy allocation equipment for the purpose of fairly allocating:

The cost of electrical or natural gas consumption for each nonresidential rental unit; and

Electrical or natural gas demand and customer charges made by the utility and electricity and natural gas supplier.

History

Source: Notice of Final Rulemaking published at 58 DCR 9521, 9522 (November 11, 2011).

15 DCMR § 4401 GENERAL REQUIREMENTS

4401.1 Any individual nonresidential rental unit may use submetering or energy allocation equipment provided the rental agreement or lease between the owner and the tenant clearly states that the nonresidential rental unit is or will be using submetering or energy allocation equipment.

4401.2 All rental agreements or leases between the owner and the tenant shall clearly state:

The nonresidential rental unit uses submetering or energy allocation equipment;

Bills for electric or natural gas consumption shall be rendered based on readings of such equipment; and

Any disputes relating to the amount of the tenant’s electric or natural gas bills and the accuracy of the equipment will be between the tenant and the owner.

4401.3 The owner shall not engage in submetering or energy allocation with a tenant without first securing from that tenant, a written agreement for the purchase of electricity or natural gas. The agreement, which may be part of the tenant’s lease agreement, shall be executed before any electricity or natural gas is delivered. The owner, upon establishing a submetering or energy allocation practice, agrees to supply any and all tenants with electricity or natural gas and shall be bound by such terms and conditions in acting upon agreements for electric service or natural gas service.

4401.4 Whether or not the parties have executed a written agreement for the purchase of electricity or natural gas, once the tenant enters into a lease as described in subsection 4401.3 and accepts electricity or natural gas service, such tenant agrees to be bound by the applicable regulations prescribed by the Commission for submetering or energy allocation equipment. Likewise, the owner agrees to supply any and all such tenants with electricity or natural gas and shall be bound by such Commission regulations in acting upon agreements for electric service or natural gas service.

4401.5 Any owner installing submetering or energy allocation equipment shall notify the Commission’s Office of Engineering in writing concerning the utility providing electric or natural gas service to the nonresidential rental units, at least ninety (90) days prior to installation, that the equipment will be installed and shall:

Give the name of the building;

Number of nonresidential rental units to be metered;

Building location, mailing address of the owner, and approximate date of the scheduled installation of the equipment;

The type(s), manufacturer(s), and model number(s) of such equipment; and

Provide information used to establish the percentage registration as set forth in subsections 4402.2 (Section 4402, Submetering) and 4405.2 (Section 4405, Periodic Tests and Checks).

4401.6 Upon completion of the installation of the submetering or energy allocation equipment, the owner of the building shall provide written notification to the Commission’s Office of Engineering within thirty (30) days.

4401.7 Each owner shall be responsible for providing, installing, sealing (if necessary), and maintaining all submetering or energy allocation equipment necessary for the measurement or allocation of the costs for electric energy or natural gas consumed by tenants. The submetering equipment shall include, but not be limited to, the piping and wiring, as well as the meter and associated affiliate parts. The installation of submetering and energy allocation equipment shall comply with all building (including electric and natural gas) code requirements, as well as public and labor safety code requirements of the District of Columbia.

4401.8 All submetering and energy allocation equipment shall be installed in locations readily accessible for reading, testing, and inspection, and where these activities will cause minimum interference and inconvenience to the tenant.

4401.9 Any electric submeter installed shall be of a type and class to register properly the electric consumption of the nonresidential rental unit, and such meter shall meet the standards of the latest edition of the American National Standards Institute, Inc., Standard C12 - Code for Electricity Metering (ANSI C12).

4401.10 Any natural gas submeter installed shall be of a type and class to register properly the natural gas consumption of the nonresidential rental unit, and such meter shall meet the standards of the latest edition of the American National Standard Institute Standards Accredited Standards Committee ANSI/ASC B109.1 and B109.2 for Diaphragm Type Gas Displacement Meters and ANSI/ASC B109.3 for Rotary Type Gas Displacement Meters (hereafter, ANSI B 109); ANSI/American Petroleum Institute (API) 2530 (ANSI/API 2530 or American Gas Association Gas Measurement Report No. 3), entitled “Orifice Metering of Natural Gas and Other Related Hydrocarbon Fluids,” for Orifice Type Meters; ANSI/American Society of Mechanical Engineers (ASME) MFC-4M (Measurement of Gas Flow by Turbine Meters) and American Gas Association Transmission Measurement Committee Report No. 7 (entitled “Measurement of Fuel Gas by Turbine Meters”) for Turbine Type Meters; and American Gas Association Transmission Measurement Committee Report No. 9 (entitled “Measurement of Gas by Multipath Ultrasonic Meters”) for Ultrasonic Type Meters; or other generally accepted industry practices.

4401.11 Any energy allocation equipment installed shall be of a type and class appropriate to the heating, cooling, ventilation, and air conditioning system of the nonresidential rental unit and shall be used in accordance with generally accepted industry practices as well as the manufacturer’s installation specifications and procedures for such energy allocation equipment.

4401.12 An owner shall not impose on the tenant any charges over and above the cost per kilowatt hour, cubic foot or therm, plus demand and customer charges, where applicable, which are charged by the utility company, the electricity supplier, and natural gas supplier to the building owner, operator, or manager, including any sales, local utility, or other taxes, if any; with the exception, that additional service charges permitted by sections 4405 (Periodic Tests and Checks) and 4407(Billing) may be collected to pay administrative costs and billing.

4401.13 An owner shall maintain adequate records regarding submetering and energy allocation equipment and shall make such records available for inspection by the Commission during reasonable business hours in accordance with D.C. Official Code § 34-1552(b)(2) and 34-1553(d) (2010 Repl.).

4401.14 For the purpose of the enforcement of the rules set forth in this chapter, building owners shall be treated as public utilities for the purposes of initiating a complaint, in accordance with D.C. Official Code § 34-917 (2010 Repl.).

4401.15 Except as provided for in subsection 4401.14, no owner of a building shall be considered a public utility engaged in the business of distributing or reselling electricity or natural gas.

4401.16 An owner’s submetering or energy allocation equipment and its installation shall not interfere, change, or modify in any way the electric or natural gas utility’s service connection or operation of the utility’s equipment, including the utility’s metering equipment.

History

Source: Notice of Final Rulemaking published at 58 DCR 9521, 9522 (November 11, 2011).

15 DCMR § 4402 SUBMETERING

4402.1 When submeters are installed by an owner to measure the electricity or natural gas used by its tenants, all charges for electricity or natural gas used, except the allowed service charges permitted by sections 4405 (Periodic Tests and Checks) and 4407 (Billing), shall be calculated from the readings of such submeters.

4402.2 Submeters in service shall be tested periodically by the owner pursuant to Section 4405 (Periodic Tests and Checks). If the test results reveal that the submeter is found to be no more than two percent (2%) fast or slow, no adjustment will be made to the tenant’s bill. If the submeter is found to be more than two percent (2%) fast or slow because of incorrect calibration, the owner will rebill the tenant for the correct amount as calculated for a period equal to one-half (1/2) of the time elapsed since the last previous test, but in no case for a period in excess of twelve (12) months or since occupancy by the existing tenant, whichever is less. The percentage registration of an electric submeter will be calculated by the “weighted average” of light load and full load which is calculated by giving a value of one to the light load and a value of four to the full load. The accuracy of a natural gas submeter will be measured at the check rate of flow, as provided in subsection 4401.10 (Section 4401, General Requirements).

4402.3 Whenever it is found that unmetered electricity or natural gas is being used as a result of tampering, the tenant shall pay to the owner an amount estimated by the owner to be sufficient to cover the electricity or natural gas used but not recorded by the meter and not previously paid for by the tenant.

4402.4 Whenever it is found that, for any reason other than calibration or tampering, the submetering apparatus has not registered the true amount of electricity or natural gas which has been used by the tenant, the electricity or natural gas used during the entire period of incorrect registration will be estimated by the owner based upon all known pertinent facts, and the amount of electricity or natural gas so estimated will be used in calculating the corrected bill. The owner shall rebill the tenant for the adjusted amount for a period equal to one-half (1/2) of the time elapsed since the last previous test for submetering apparatus, but in no case for a period in excess of twelve (12) months or since occupancy by the existing tenant, whichever is less. The owner shall calculate the estimated bill in accordance with subsection 4407.10 (Section 4407, Billing).

History

Source: Notice of Final Rulemaking published at 58 DCR 9521, 9525 (November 11, 2011).

15 DCMR § 4403 ENERGY ALLOCATION

4403.1 Energy allocation equipment may be used solely to allocate the cost of electric or natural gas service among tenants using the nonresidential rental units.

4403.2 Energy allocation systems shall provide a reasonable determination of energy use and resulting costs for each nonresidential rental unit. The energy allocation system shall be appropriate for the heating, cooling, ventilation, and air conditioning system application. Components shall be properly installed to assure correct measurements of allocation parameters. Proper calculation procedures shall be used in converting from measurement to allocation.

4403.3 Energy allocation equipment in service shall be tested periodically by the owner, pursuant to section 4405 (Periodic Tests and Checks). Testable components of the energy allocation system should be accurate, consistent with the manufacturer’s specifications.

History

Source: Notice of Final Rulemaking published at 58 DCR 9521, 9526 (November 11, 2011).

15 DCMR § 4404 TESTING CAPABILITY AND METERING EQUIPMENT

4404.1 Each owner shall engage a certified lab to perform the equipment tests required by these regulations; such tests being performed with instruments, portable standards, reference manuals, and other equipment and facilities all of which shall comply with standards specified in subsections 4401.9 and 4401.10 (Section 4401, General Requirements) for submetering equipment, and with manufacturer’s recommended practices for energy allocation equipment.

History

Source: Notice of Final Rulemaking published at 58 DCR 9521, 9527 (November 11, 2011).

15 DCMR § 4405 PERIODIC TESTS AND CHECKS

4405.1 Each owner shall have a documented testing program, the primary purpose of which is to maintain an acceptable degree of accuracy during the service life of the equipment. All submetering equipment shall be tested in accordance with the provisions of the latest edition of the standards provided in subsections 4401.9 and 4401.10 (Section 4401, General Requirements). All energy allocation equipment shall be tested in accordance with the manufacturer’s suggested testing procedures and practices for such equipment. Tests shall be conducted no more than once in a twenty-four (24) month period, in accordance with D.C Official Code § 34-1553(c) (2010 Repl.).

4405.2 All submeters shall be adjusted as close as possible to the condition of one hundred percent (100%) registration. No submeter shall be placed in service until its percentage registration has been established. The establishment of the percentage registration may be accomplished through the engagement of a certified lab or by a certificate provided by the manufacturer that is applicable only to the initial installation of the submeter. No electric submeter that exceeds the test calibration limits for watt-hour meters as set forth by the latest edition of ANSI C12 shall be placed in service or left in service. No natural gas submeter that exceeds the test calibration limits for meters as set forth by the latest edition of standards provided in subsection 4401.10 (Section 4401, General Requirements) shall be placed in service or left in service. In instances where an in service submeter is not properly calibrated, the owner shall calculate the corrected bill in accordance with subsection 4402.2 (Section 4402, Submetering).

4405.3 A submeter shall be adjusted by a certified lab, if it is determined that the test calibration exceeds the limits set forth in subsection 4405.2.

4405.4 Energy allocation equipment shall be adjusted to the manufacturer’s specifications before being placed in service.

4405.5 Any submetering or energy allocation equipment removed from service or replaced by other equipment for any purpose whatsoever shall be properly tested and adjusted before being placed in service again.

4405.6 The owner shall keep and maintain the following records for a period of no less than three (3) years:

A record of all submetering or energy allocation equipment, identifying the equipment number and location (the tenant’s address where installed or if in reserve);

The record of each test conducted shall show the identifying number of the equipment, the standard number and other necessary devices used, the date and type of test conducted, name and contact information for the individual conducting the test, the percentage registration at each load tested for submetering equipment, the accuracy level of the parameter measured by the energy allocation equipment, and sufficient data to permit verification of the test results; and

A record of all the portable standards and reference standards used to test submetering and energy allocation equipment. Test equipment shall at all times be accompanied by a certified calibration card signed by the proper authority, with the date of the most recent certification and adjustment. Records of certifications and calibrations of all standards shall be kept on file in the office of the owner.

4405.7 The aforementioned records, in subsection 4405.6, for each nonresidential rental unit shall be made available, upon request, to the tenant of that unit during reasonable business hours at the building manager’s office or, if there is no building manager available, at the nonresidential rental unit of the tenant at the convenience of the owner and tenant. The owner of the building may impose and collect a reasonable charge for copying documents, reflecting the actual costs of materials and labor for copying, prior to providing copies of the records to the tenant.

4405.8 All records referenced in subsection 4405.6 shall be made available to the Commission upon request.

History

Source: Notice of Final Rulemaking published at 58 DCR 9521, 9527 (November 11, 2011).

15 DCMR § 4406 REQUEST TESTS

4406.1 Upon request by a tenant, the owner will test the submetering or energy allocation equipment without charge to the tenant, provided that the owner shall not be required to conduct such test more than once in twenty-four (24) months for the same tenant.

4406.2 The tenant, or his or her designated representative, may be present when the equipment is tested.

4406.3 A written report of the results of the test shall be made available to the tenant within ten (10) business days after the completion of the test.

History

Source: Notice of Final Rulemaking published at 58 DCR 9521, 9528 (November 11, 2011).

15 DCMR § 4407 BILLING

4407.1 Bills shall be rendered for the same billing period as that of the utility, generally monthly, unless the rental agreement or lease expressly provides otherwise. Bills shall be calculated and rendered as promptly as possible following receipt by the owner of the bill from the utility, but no later than fourteen (14) days after receipt of the utility’s bill. The submetering or energy allocation equipment shall be read within five (5) business days of the scheduled reading date of the utility’s master meter.

4407.2 For submetering, the unit of measurement shall be the energy unit as defined in section 4499 (Definitions). For energy allocation equipment, the units of measurement shall be those characteristics monitored by the allocation equipment.

4407.3 The energy billed to any tenant shall constitute only the energy consumed within that nonresidential rental unit and so measured or monitored by the equipment. The cost of energy used in owner-paid areas may be recovered by the owner only as provided in subsection 4407.12, and may not be billed to any tenant as part of the billings rendered pursuant to this chapter and may not be measured through the nonresidential rental unit submetering or energy allocation equipment. Where permitted by tenant lease agreements, energy costs for usage consumed within the nonresidential rental unit, which are not allocated by energy allocation equipment, may be allocated by the owner among the various tenants in the same proportions as the leased space square footage. These costs shall be listed separately from energy billings based on energy allocation equipment, and appropriately marked on the monthly tenant bills.

4407.4 The owner shall render bills to the tenant in the same energy unit(s) as that billed to the owner by the utility.

4407.5 The tenant’s bills shall be calculated in the following manner:

After the owner receives the electric or natural gas bill from the utility, the owner shall divide the “total current charges” by the total number of energy units billed by the utility to determine the average cost in cents per energy unit. The average energy unit cost shall be multiplied by each tenant’s energy unit consumption to obtain the tenant’s monthly charges.

4407.6 For the purposes of computing the average cost per energy unit, the “total current charges” shall include or exclude the following, as applicable:

(a) Include:

Customer, demand, commodity, energy, transmission, and distribution charges;

Procurement cost adjustment;

Purchased gas adjustment;

Local taxes;

Surcharges; and

Credits;

(b) Exclude:

Miscellaneous charges, such as charges by the utility for late payments.

4407.7 The owner may impose a reasonable monthly service charge per nonresidential rental unit to offset the administrative cost of billing, reflecting the actual costs of materials and labor for preparing tenants’ bills, in accordance with D.C. Official Code §§ 34-1552(b)(1) and 34-1553(d) (2010 Repl.).

The tenant’s bill shall show all of the following information:

The date the bill was prepared;

The dates and readings of the submetering or energy allocation equipment at the beginning and at the end of the period for which the bill is rendered and the billing date;

The number of energy units consumed during the current billing period;

The average cost in cents per energy unit used in computing the bill;

The amount due for electricity or natural gas consumed within the nonresidential rental unit, the administrative service charge, if any, the balance forward, and the total amount due;

The name or address, or both, of the tenant for whom the bill is applicable;

The name of the firm rendering the tenant’s bill and the name or title, address, and telephone number of the person(s) where payment can be made and, the name of the contact person in the case of any questions or disputes concerning the bill; and

A precise statement that the bill is not from the utility providing the service to the nonresidential rental unit.

4407.9 Bills shall be mailed or delivered to the tenant’s premises within five (5) business days after the billing date.

4407.10 Estimated bills shall not be rendered unless the meter or energy allocation equipment has been tampered with, or is out of order, or where access cannot be attained, or where the property owner receives an estimated bill from the utility company and, in any such case, the bill shall be distinctly marked “estimated.” Such estimates shall be based upon one (1) of the following:

Consumption over a similar billing period where the information of previous consumption is available;

The preceding billing period for a tenant that has resided on the premises for less than one (1) year and the consumption for a similar billing period is not available; or

The average of the preceding two (2) billing periods, if available.

Adjustment to a tenant’s bill shall be made under any of the following

conditions:

Any billing errors due to incorrect readings or improper billing calculations discovered by the owner on his or her own initiative or discovered as a result of an investigation because of a question or a dispute by a tenant;

If it is determined that a cross-metering situation exists. The tenants involved will be rendered corrected bills to cover such period of time as the statute of limitations allows. If a tenant has been underbilled, the tenant shall be allowed to make payment of the amount underbilled in equal monthly installments for as many months as the corrected bill covers, but for not more than ten (10) months, the entire amount underbilled being due upon termination of tenancy. If a tenant has been overbilled and is due a credit, the tenant may request a cash refund, otherwise such credit shall be posted to the tenant’s account;

If the utility adjusts the owner’s bill; or

As detailed in section 4402 (Submetering).

4407.12 Nothing contained in these rules shall prohibit the owner from recovery, in periodic lease payments, of the tenant’s fair share of electricity or natural gas costs attributable to owner-paid areas and costs incurred in establishing and maintaining the submetering system or energy allocation equipment.

4407.13 Initial and final bills shall be rendered for the number of energy units actually consumed in the initial and final billing periods.

4407.14 On the date possession is taken by a tenant of a nonresidential rental unit, an initial reading will be taken from the submetering or energy allocation equipment serving such nonresidential rental unit to commence service to that tenant. The initial reading will be subtracted from the next reading of the equipment (taken on the regularly scheduled monthly reading dates on which other submetering or energy allocation equipment in the building is read) to determine the consumption during the initial billing period. The energy units consumed as determined in the above manner will be multiplied by the average energy unit cost which is determined for the computation of bills for all other tenants for the period ending with the regularly scheduled reading date of that month.

4407.15 On the date a tenant surrenders a nonresidential rental unit, a final reading will be taken from the submeter equipment serving such unit to terminate service to that tenant. The reading of the equipment taken on the last previous regularly scheduled monthly reading dates on which other submetering or energy allocation equipment in the building was last read will be subtracted from the final reading to determine the consumption during the final billing period. The energy units consumed or determined in the above manner will be multiplied by the average energy unit cost which is determined for the computation of bills for all other tenants for the regularly scheduled monthly reading date after the final reading. If the owner and tenant so agree in writing, the owner may use the average energy unit cost from the previous month when determining the amount due for the last month of tenancy.

4407.16 A late payment charge shall not be imposed on all amounts, including deferred payment installments, paid by the due date or on amounts in dispute before the Commission. Amounts paid after the due date shall bear a late payment charge of one percent (1%) and an additional late payment charge at the rate of one and one-half percent (1.5%) on the remaining unpaid balance per billing month thereafter.

History

Source: Notice of Final Rulemaking published at 58 DCR 9521, 9529 (November 11, 2011).

15 DCMR § 4408 BILLING RECORDS

4408.1 All records associated with the computation of charges rendered to tenants for electric service or natural gas service shall be retained for a minimum period of three (3) years.

4408.2 The owner shall maintain and make available for inspection by the tenant, upon request, the following records:

The billing from the utility to the owner for the current month and the thirty-six (36) preceding months;

The calculation of the average cost per energy unit for the current month and the thirty-six (36) preceding months’ and

The tenant’s submeter or energy allocation readings and billings for the current month and the thirty-six (36) preceding months or for the term of tenancy, whichever is less.

History

Source: Notice of Final Rulemaking published at 58 DCR 9521, 9533 (November 11, 2011).

15 DCMR § 4409 COMPLAINT AND HEARING PROCEDURES

4409.1 Any dispute relating to the tenant’s bill and to the accuracy of the submeter or energy allocation equipment is between the owner of the building and the tenant, and excludes the public utility.

4409.2 When an owner cannot resolve a billing dispute with a tenant, the owner shall refer the tenant to the Commission for resolution.

4409.3 The tenant shall contact the Office of Consumer Services (Office) to initiate a complaint proceeding. The Office shall:

Answer inquiries and make information available concerning the procedures for resolving disputes; and

Accept the filing of the tenant complaint.

4409.4 The tenant may file a complaint with the Commission through the Office within ninety (90) days from the date the owner refers the tenant to the Commission, in accordance with subsection 4409.2.

4409.5 If the complaint has not been resolved by the tenant and the owner, the Commission shall make an effort through mediation to resolve it informally. This additional resolution effort shall not exceed five (5) business days.

4409.6 If the complaint is not resolved through the Commission’s informal process, including mediation, the tenant may request a formal hearing.

4409.7 The tenant shall have fourteen (14) days after the conclusion of the informal process to request a formal hearing.

4409.8 A hearing, where necessary, shall be scheduled within twenty (20) days of the formal request for hearing. Except in special cases, hearings shall be conducted during business hours of the Commission. The Commission shall designate a hearing officer, who shall not have investigated the complaint.

4409.9 The Commission shall provide notice of hearing by personal delivery or by first class mail to the complainant, to any affected guarantor, and to the owner. The notice shall include a copy of the tenant's written complaint. The notice shall also state the potential consequences of failure to appear for a hearing.

4409.10 Service shall be made at least ten (10) days prior to the hearing date unless the parties agree on a shorter time. When service is by first class mail the service date is the date of mailing and service shall be made at least ten (10) days prior to the hearing date.

4409.11 The hearing officer may reschedule any hearing at the request of any party. Otherwise, a hearing may be rescheduled at the discretion of the hearing officer.

4409.12 In the event the tenant fails to attend a scheduled hearing without good cause, the hearing officer may dismiss the complaint (with or without prejudice at the discretion of the hearing officer), hear evidence and render a decision, or reschedule the hearing.

4409.13 In the event an owner fails to attend a scheduled hearing without good cause, the hearing officer may hear evidence and render a decision.

4409.14 Upon a reasonable request by either party or the hearing officer, the parties shall timely provide all information they have relevant to the matters at issue in the complaint, including relevant documents, account data, titles, and the names of witnesses.

4409.15 Parties may examine any public records of the Commission.

4409.16 Parties shall have the right to present evidence, call witnesses, and present written and oral argument. When directed by the hearing officer, parties shall file briefs no later than fifteen (15) days after the close of the hearing.

4409.17 Witnesses shall testify under oath, and the parties and the hearing officer shall have the right to examine and cross-examine all witnesses.

4409.18 The hearing officer shall have the discretion to limit any line of questioning to what may be required for a full and true disclosure of the facts and to limit the time for argument.

4409.19 Unless otherwise ordered by the hearing officer, the complainant's witnesses shall testify first, followed by the respondent’s witnesses. A reasonable opportunity will be afforded all parties to present rebuttal evidence.

4409.20 The formal rules of evidence shall not apply, but the hearing officer shall exclude irrelevant or unduly repetitious evidence.

4409.21 Parties may stipulate to any facts and such stipulation may be put in evidence.

4409.22 All proceedings shall be recorded. The transcripts shall promptly be made available to any party upon request, at the party's expense. Every Commission prepared transcript shall be certified by the hearing officer. Any party may, at its expense, provide for transcription of the proceedings by a certified court reporter in place of recording, in which case, that transcript shall be the official record.

4409.23 Within twenty (20) days after the close of the hearing, the hearing officer shall issue a written decision which states the issues, summarizes the evidence and makes findings of fact, conclusions of law, and a disposition of the matter.

4409.24 Copies of the hearing officer's decision shall be served upon the parties either personally or by regular mail on the day the decision is issued together with instructions on how to appeal the decision to the Commission and indicating the last date the appeal may be filed.

4409.25 The decision of the hearing officer shall be final, if there is no appeal to the Commission within the time specified.

4409.26 Any party may appeal the hearing officer's decision to the Commission within thirty (30) days of personal service and thirty-five (35) days of service by first class mail of the decision.

4409.27 The appeal shall:

Be signed by the party;

Identify the decision appealed from; and

Specify the grounds on which it is based.

4409.28 The party appealing shall serve a copy of any appeal filed upon the opposing party on the day it is filed. Service may be made personally or by first class mail.

4409.29 The opposing party's response or counter-appeal shall be filed within ten (10) days of personal service and fifteen (15) days of service by first class mail.

4409.30 Within twenty (20) days of the filing an appeal, the record shall be prepared for review by the Commission.

4409.31 The Commission shall review the decision within sixty (60) days after the record is prepared.

4409.32 Upon review of the record, and after giving consideration to the matters raised on appeal, the Commission shall:

(a) Adopt the decision of the hearing officer;

(b) Issue a Commission decision;

(d) Schedule the matter for hearing or argument before the Commission.

4409.33 Review of a final Commission decision shall be pursuant to D.C. Official Code §§ 34-604, 34-605 (2010 Repl.).

History

Source: Notice of Final Rulemaking published at 58 DCR 9521, 9533 (November 11, 2011).

15 DCMR § 4410 RESERVATION OF RIGHTS

4410.1 Tenants, owners, operators or managers shall retain any private right of action resulting from any breach of the rental agreement or lease terms required by Section 4401 (General Requirements).

History

Source: Notice of Final Rulemaking published at 58 DCR 9521, 9536 (November 11, 2011).

15 DCMR § 4498 WAIVER

4498.1 The Commission may upon request, or on its own initiative after notice to the parties of its intention do so, waive any provision of this chapter for good cause.

History

SOURCE: Notice of Final Rulemaking published at 58 DCR 9521, 9537 (November 11, 2011); as amended by Final Rulemaking published at 67 DCR 11091 (September 18, 2020). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 4498

15 DCMR § 4499 DEFINITIONS

4499.1 When used in this chapter, the following terms and phrases shall have the meanings ascribed:

Building _ all of the individual units served through the same utility-owned meter within a property defined as Class 2 Property under D.C. Official Code § 47-813(c-6)(3) (2005 Repl. & 2011 Supp.).

Building owner, operator, or manager or Owner - any person or entity responsible for the operation and management of a building.

Commission - the Public Service Commission of the District of Columbia.

Certified lab - a testing facility that includes a utility’s meter testing facility or a facility approved for use by any state regulatory utility commission.

Building owners, lessees, or managers who manage the internal distribution system serving such building and who supply electricity solely to the occupants of the building for use by the occupants;

Any Person who purchases electricity for its own use or for the use of its subsidiaries or affiliates;

Property owners who supply small amounts of power, at cost, as an accommodation to lessors or licensees of the property;

Consolidators;

An Electric Company; and

Energy allocation equipment - any device, other than submetering equipment, used to determine approximate electric or natural gas usage for any nonresidential rental unit within a building.

Energy unit - the billing units for the energy delivered to the nonresidential rental unit—for example, kilowatt-hours, cubic feet, or therms.

Master meter - a meter used to measure for billing purposes, all electric or natural gas usage of a building, including common areas, common facilities, and nonresidential rental units therein.

Natural gas supplier - a person including an aggregator, broker, or marketer, who produces natural gas, 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 (1) or more of its affiliates. The term shall not include the following:

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;

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 take title to natural gas, market retail natural gas sales to the individually- metered tenants of his or her building, or engage in the resale of natural gas to others;

Property owners who supply small amounts of natural gas, at cost, as an accommodation to lessors or licensees of the property; and

A consolidator.

Nonresidential rental unit - property leased for commercial purposes.

Owner-paid areas - the portion of the real property for which the owner bears financial responsibility for energy costs, which portions include areas outside individual nonresidential units or in owner-occupied or shared areas.

Submetering equipment - equipment used to measure actual electricity or natural gas usage in any nonresidential rental unit when the equipment is not owned or controlled by the electric or natural gas utility serving the building in which the nonresidential rental unit is located.

Tenant - tenant, subtenant, lessee, sublessee, or occupant or occupants entitled to the possession, occupancy or benefits of a nonresidential rental unit. The singular term tenant includes the plural.

Utility - every street railroad, street railroad corporation, common carrier, gas plant, gas corporation, electric company, telephone corporation, telephone line, telegraph corporation, telegraph line, and pipeline company.

History

SOURCE: Final Rulemaking published at 58 DCR 9521, 9537 (November 11, 2011); as amended by Final Rulemaking published at 65 DCR 11025 (October 5, 2018). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 4499

15-46 LICENSURE OF ELECTRICITY SUPPLIERS

15 DCMR § 4600 APPLICABILITY

4600.1 Application. These rules apply to a Person who engages in the business of an Electricity Supplier in the District of Columbia.

4600.2 Purpose. These rules provide uniform requirements for obtaining any form of an Electricity Supplier License in the District of Columbia, describe the administrative procedures available to the Applicants and Licensees, outline the grounds for Commission action regarding a Licensee, and describe the sanctions that may be imposed by the Commission.

4600.3 Restrictions. No Person shall present itself as an Electricity Supplier, perform the duties of an Electricity Supplier, accept Deposits or prepayments from retail Customers, contract with retail Customers or arrange for contracts for retail Customers, prior to receipt of a license from the Commission.

History

SOURCE: Final Rulemaking published at 65 DCR 9970 (September 28, 2018 – Vol. 1). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 4600

15 DCMR § 4601 LICENSING REQUIREMENTS

4601.1 Persons Subject to Licensing Requirements. Any Person who engages in the business of an Electricity Supplier in the District of Columbia shall hold an Electricity Supplier License.

4601.2 Application Information Requirements for Electricity Suppliers. An Application for an Electricity Supplier License and an Application for renewal of an Electricity Supplier License shall include the following information, in a manner and form specified by the Commission:

(a) Proof of technical and managerial competence;

(b) Proof of compliance with all applicable requirements of the Federal Energy Regulatory Commission, and any Independent System Operator, or Regional Transmission Operator to be used by the Applicant;

(c) A sworn verification that the Applicant is currently in compliance with, and will comply with all, applicable federal and District of Columbia environmental laws and regulations;

(d) Proof of financial integrity;

(e) Proof of compliance with the Bonding Requirements set forth in §§ 4604 and 4605;

(f) Proof that the Applicant has registered with the District of Columbia Department of Licensing and Consumer Protection and the District of Columbia Office of Tax and Revenue to conduct business in the District of Columbia;

(g) A sworn verification that the Applicant is currently in compliance with, and will comply with, all applicable taxes;

(h) A sworn verification that the Applicant is currently in compliance with, and will comply with all of the requirements of the Retail Electric Competition and Consumer Protection Act of 1999 (Act) and all orders and regulations of the Commission issued under the Act;

(i) Applicant’s website address;

(j) The name and contact information for the Electricity Supplier’s Regulatory Contact and Customer Service Contact;

(k) The Trade name(s) or d/b/a (doing business as name(s)) if the Applicant will be using either while doing business as an Electricity Supplier in the District of Columbia;

(l) If the Applicant was a previously licensed Electricity Supplier in the District of Columbia but has surrendered that license under a former name or in this current Applicant’s name, the Applicant must submit a sworn verification that it has paid all previously outstanding Commission and the Office of the People’s Counsel (OPC) imposed assessments and penalties. If prior assessments and penalties remain unpaid, submit a date certain when those assessments and any penalties will be paid;

(m) A sample copy of each of the Electricity Supplier’s electricity supply Customer contracts (e.g., fixed or variable rates) and a sample bill except brokers and aggregators shall be exempt from this requirement;

(n) All electronic filings of bonds and similar instruments shall be accepted in such form, and possess the same standing of physical versions; and

(o) Any other information required by the Commission.

4601.3 Proprietary and Confidential Information. Pursuant to 15 DCMR § 150, the Applicant may request certain information be treated as confidential.

History

SOURCE: Final Rulemaking published at 65 DCR 9970 (September 28, 2018 – Vol. 1); as amended by Final Rulemaking published at 69 DCR 006056 (May 27, 2022); as amended by Final Rulemaking published at 71 DCR 007434 (June 28, 2024). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 4601

15 DCMR § 4602 LICENSING PROCEDURES

4602.1 Scope. These procedures apply to an Application for an Electricity Supplier License or the renewal of an Electricity Supplier License before the Commission. Renewal Applications may not be approved if the Licensee owes any outstanding assessment to the Commission, OPC, or both.

4602.2 Form. An Application for a Electricity Supplier License shall be made to the Commission in writing on the applicable form(s) provided by the Commission; be verified by oath or affirmation; and be accompanied by an Application fee of Four Hundred dollars ($400.00).

4602.3 Electronic Filing Requirement. All documents shall be filed electronically, including documents containing confidential or proprietary information.

4602.4 Change in Application Information. The Applicant shall immediately inform the Commission of any change in the information provided in the Application during the pendency of the Application and changes to approved Application pursuant to § 4607.1.

4602.5 Notice of Incomplete Application (Deficiency Letter). The Commission shall review the submitted Application for completeness within fifteen (15) days of receipt of the Application. If the Application is incomplete, the Commission shall notify the Applicant in writing of the deficiency in the Application. The Applicant shall have ten (10) days, or such additional time as the Commission may designate if it extends the time period for good cause shown, to provide the information requested in the deficiency letter. If the Applicant does not provide the information to the Commission within ten (10) days or within the alternative time period set by the Commission, the Application shall be deemed dismissed without prejudice. An Applicant may submit a new Application with the requisite Four Hundred dollars ($400.00) fee at any time.

4602.6 Review of Complete Application. Upon determining that an Application is complete, the Commission shall review the information provided by the Applicant in the Application and within fifteen (15) days issue an order approving or denying the Application.

4602.7 Term of Electricity Supplier License. An Electricity Supplier License is valid until revoked by the Commission or surrendered by the Licensed Electricity Supplier. A Licensee is subject to review every five (5) years after the date on which the license was issued or was last reviewed. An Electricity Supplier that has been licensed for more than five (5) years from the effective date of this Chapter shall submit an Application for review by the Commission pursuant to the licensing requirements and procedures set forth in §§ 4601 and 4602 within ninety (90) days from the effective date of this Chapter. The Commission shall review the Application within thirty (30) days after its filing. If the Application is incomplete or deficient in any manner, the Commission may request additional information to cure the incompleteness or deficiency. If the Application is deemed complete, the Commission shall take no further action and the Electricity Supplier License shall remain in effect.

4602.8 Solicitation of Customers. A Licensee, both new and existing, who has not initially started serving Customers shall file a notice with the Commission within three (3) business days before the Licensee begins soliciting or marketing to Customers directly or through an authorized representative in the District of Columbia. This is a one-time initial notice prior to the Licensee beginning its marketing to or soliciting of District of Columbia Customers. The notice shall include the name of the Licensee’s designated contact person for pricing information if the Licensee is serving Customers and the URL address of the Licensee’s website. All door-to-door sales representatives and agents of the Licensee shall be required to present photo identification to Customers as part of the solicitation process. In addition, the Licensee is required to maintain a record of the identity of each sales representative and marketing agent or representative active in the District of Columbia, including the company photo identification, and make it available upon request to the Commission.

4602.9 Serving Customers. A Licensee shall do the following before it begins to serve Customers in the District of Columbia:

(a) File a notice with the Commission of the estimated start date when it will begin to serve Customers in the District of Columbia; and

(b) File an affidavit attesting that all sales and marketing and regulatory personnel, including independent contractors and vendors performing marketing or sales activities on the Licensee’s behalf have been trained on the relevant provisions of Chapters 3 and 46 of Title 15 DCMR before they begin soliciting Customers in the District of Columbia.

4602.10 Requirements for Cessation of Business in the District of Columbia, Cessation of Business to Customers, and Voluntary Surrender of an Electric Supplier License.

(a) A Licensee seeking to cease providing service to customers and end its business operations in the District shall submit an application to surrender its supplier license. The application shall address or include the following requirements:

(1) Written notice to the Commission and to the Licensee’s Customers at least sixty (60) days prior to the Licensee’s intention to cease providing electricity service to its Customers. The notice shall state that the Licensee has informed its Customers of the choice to revert to the default service provider or to another electricity supplier;

(2) The Licensee shall provide to the Commission an example or copy of the notice it provided to its customers. Upon receipt of such notice, the Commission may order the Licensee to provide such further notice to its Customers or to the public as the Commission deems necessary, and/or take such other action that the Commission deems appropriate;

(3) The formal case number, order number, and date of license approval;

(4) The number of customers the Licensee serves and the type of service the Licensee provides;

(5) The date on which the Licensee seeks to cease providing service to customers and end its business operations;

(6) A statement addressing whether the Licensee owes any outstanding fees and assessments to the Commission and OPC, or taxes to the District of Columbia Government (District Government). If the response is in the affirmative, the application must reflect the amounts owed and whether the amounts are owed to the Commission, OPC, the District Government, or all. If any amounts are owed, either to the Commission, OPC, the District Government, or all, the application must address whether the surrendering Licensee has a payment plan in place and, if in the affirmative, include a description of the plan;

(7) A statement addressing the existence of any outstanding consumer complaints filed against the surrendering Licensee with the Commission, OPC, or the District Government. If in the affirmative, the application must describe the nature of the complaint, whether it has been resolved and if not, describe whether any resolution of the complaint is forthcoming; and

(8) A sworn affidavit from an officer or agent of the surrendering Licensee attesting to the accuracy and veracity of the application.

4602.11 Electric Company and Licensee Responsibilities in the Event of Default. In the event of a default, the Licensee and the Electric Company shall abide by the Electric Company’s Electricity Supplier Coordination Tariff. Also, a Defaulted Licensee using consolidated billing services remains obligated to provide the Electric Company with information necessary to allow the Electric Company to continue consolidated billing through the conclusion of the billing cycle in which the default occurred.

4602.12 Required Notices Upon Default. Upon default, a Licensee shall immediately notify its Customers of its default by the preferred method that each Customer has selected to receive notifications and send written notice by electronic mail to the Electric Company and to file notice with the Commission notifying them of its default. Upon receipt of notice of a Licensee’s default from the Defaulted Licensee or from the Regional Transmission Organization, the Electric Company shall immediately provide the Defaulted Licensee’s Customers Standard Offer Service (SOS) in accordance with the SOS Administrator’s Retail Electric Service Tariff, unless or until a Customer notifies the SOS Provider that the Customer has selected a new Electricity Supplier.

History

SOURCE: Final Rulemaking published at 65 DCR 9970 (September 28, 2018 – Vol. 1); as amended by Final Rulemaking published at 69 DCR 006056 (May 27, 2022). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 4602

15 DCMR § 4603 [RESERVED]

History

SOURCE: Final Rulemaking published at 65 DCR 9970 (September 28, 2018 – Vol. 1); as amended by Final Rulemaking published at 69 DCR 006056 (May 27, 2022); as amended by Final Rulemaking published at 71 DCR 007434 (June 28, 2024). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 4603

15 DCMR § 4604 BOND REQUIREMENTS FOR ELECTRICITY SUPPLIERS COLLECTING DEPOSITS OR PREPAYMENTS (“CUSTOMER PAYMENTS BOND”)

1 Applicability. Any Applicant that states on its Application that it intends to charge Deposits or collect Prepayments or that does in fact require a Deposit or collects a Prepayment, shall post a copy of a Customer Payments Bond with the Commission, in addition to any Integrity Bond that may be required or submitted and shall submit the certification described in this section. Any Applicant that states on its Application that it does not intend to charge Deposits or collect Prepayments and that does not in fact require a Deposit or collect any Prepayment will not be required to post a Customer Payments Bond or provide the certification described below. Any Licensee that charges a Deposit or collects a Prepayment without posting the required Customer Payments Bond may be subject to suspension, revocation, or other action against its license, as well as be held liable for restitution to any Customers who paid such Deposits or Prepayments. Any Licensee requiring, charging, collecting or holding Deposits, or Prepayments may not request a return of a current Customer Payments Bond or waiver of the requirements for a future Customer Payments Bond, unless and until the Licensee returns the Deposits or Prepayments to its Customers.

4604.2 Procedure for Determining Amount of a Customer Payments Bond.

Initial Bond: Before accepting any Deposits or Prepayments, a Licensee shall post a copy of an initial Customer Payments Bond of fifty thousand dollars ($50,000).

Six Month Certification: Within six (6) months after the initial copy of the Customer Payments Bond is posted, the Licensee shall provide the Commission with any appropriate confidentiality designations: (1) a certification, subject to review by the Commission, of the amount of the Deposits and Prepayments held by the Licensee; and (2) a copy of a Customer Payments Bond in an amount that is at least equal to the amount reflected in that certification.

Annual Certification: By December 31st of each year, the Licensee shall provide to the Commission with any appropriate confidentiality designations: (1) certification of the amount of the Deposits and Prepayments held by the Licensee; and (2) a copy of a Customer Payments Bond in an amount that is at least equal to the amount reflected in that certification.

4604.3 Form of the Bond. Any Applicant or Licensee required to provide a bond under this section shall provide a bond issued by a company authorized to do business in the District of Columbia in a form required by the Commission. The Applicant shall file a copy of this bond, with a notarized verification page from the issuer, as part of its application for a license. At a minimum, the bond form shall:

Designate the Commission as the sole beneficiary of the bond;

Be continuous in nature. If a Licensee seeks to cease providing the bond it shall seek approval from the Commission at least sixty (60) days prior to the time it wants to discontinue maintaining the bond;

Cover payment of all the Licensee’s District of Columbia Deposits and Prepayments of the Licensee that occurred while the bond was in force as identified by the Commission under these regulations; and

State that the proceeds of the bond shall be paid or disbursed as directed by the Commission.

4604.4 Commission Verification. Each Licensee shall provide appropriate certification, at the intervals discussed in §4604.2, of funds collected by the Licensee for Prepayments and/or Deposits. Each Licensee shall certify the amount of funds held for Deposits and Prepayments through a notarized statement, subject to verification by the Commission. The certification and any audit by the Commission will verify the year to date collections and balances of Prepayments and Deposits as of a specific date and will be used to verify whether the Licensee has the appropriate amount of Customer Payments Bond coverage. The Commission reserves the right, in its sole discretion, to order the Licensee to have a Certified Public Accountant review such balances, should conditions warrant such a review.

4604.5 Bond Foreclosure. The Commission may foreclose upon any bond posted with the Commission when, in the Commission’s discretion, foreclosure is necessary to ensure the fair and lawful treatment of the Licensee’s Customers to ensure that Deposits and Prepayments collected by a Licensee from a Customer will be repaid to the Customer. In order to draw funds on this Bond, the Commission shall issue an order stating that the Licensee is financially insolvent or unable to meet its obligations as for restitution to any Licensee’s Customer who paid such Deposit or Prepayment.

History

SOURCE: Final Rulemaking published at 65 DCR 9970 (September 28, 2018 – Vol. 1); as amended by Final Rulemaking published at 71 DCR 007434 (June 28, 2024). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 4604

15 DCMR § 4605 BOND REQUIREMENTS FOR FINANCIAL INTEGRITY (“INTEGRITY BOND”)

4605.1 Applicability. Any Applicant or Licensee that can provide credible evidence that it meets one of the following standards is not required to post an Integrity Bond in the District of Columbia:

A current credit rating of BBB- or higher from a nationally recognized credit rating service;

A current commercial paper rating of A2 or higher by Standard & Poor’s and/or P2 or higher by Moody’s or similar rating by another nationally recognized rating service; or

An unused line of bank credit or parent guarantees deemed adequate by the Commission.

(a) Exclusion. An Applicant or Licensee that cannot provide evidence to the satisfaction of the Commission that it meets the standards listed in § 4605.1 will be required to submit a copy of an initial Integrity Bond of fifty thousand dollars ($50,000), unless that Applicant or Licensee is applying to provide service as an Aggregator (as defined in D.C. Official Code § 34-1501(2) and § 4699.1 who does not take title to electricity or as a Broker (as defined in D.C. Official Code § 34-1501(7) and § 4699.1), in which case a copy of a ten thousand dollar ($10,000) Integrity Bond will be required. However, an Applicant or Licensee that meets the standards listed in § 4605.1 may still be required to provide a bond to demonstrate financial integrity for the Application on a case-by-case basis.

Updates. The Commission in its sole discretion may determine whether or not to reevaluate the amount of the Integrity Bond in light of any changing conditions in the electricity market at the time that a Licensee submits updated information, taking into consideration the Licensee’s previous and ongoing relationship with its Customers and its historical compliance with Commission rules and requirements. The Commission may request such information from the Licensee as may be necessary to make its evaluation. Aggregators who do not take title and Brokers will not be required to update the initial $10,000 Integrity Bond.

(1) A Licensee that has provided two (2) years of continuous and uninterrupted service to customers and has previously submitted and maintained a copy of an Integrity Bond with the Commission in compliance with these requirements may file a request with the Commission for a determination of the Licensee’s financial integrity and whether the maintenance and continuation of the Licensee’s bond is necessary;

(2) Upon such request, the Commission shall make a determination of the Licensee’s financial integrity, whether maintenance and continuation of a bond is necessary, and shall inform the Licensee of its decision in writing. If the Commission determines that a bond is no longer necessary, the Licensee may subsequently file an application with the Commission to request the return of the previously posted copy of the Integrity Bond and to waive the requirement for a future bond;

(3) The Commission shall issue an order on the Licensee’s application and base its decision upon the Licensee’s demonstrated record of continuous and uninterrupted service to customers in the District of Columbia, the absence of any evidence of any substantiated consumer complaints, and any other such information the Commission may consider appropriate under the circumstances, as determined by and in the opinion of the Commission;

(4) The Commission may require the Licensee to submit a copy of an Integrity Bond at a later date if the Commission deems the requirement of an Integrity Bond to be necessary and appropriate; and

(5) A Licensee that is not currently providing service and cancels its bond shall have its license suspended immediately, and is subject to revocation of its license in thirty (30) days following the bond cancellation.

4605.3 Form of the Bond. Any Applicant or Licensee required to provide a bond under this section shall provide a bond issued by a company authorized to do business in the District of Columbia in a form required by the Commission. The Applicant shall file a copy of this bond, with a notarized verification page from the issuer, as part of its application for a license. At a minimum, this form shall:

(a) Designate the Commission, as the sole beneficiary of the bond;

(b) Be continuous in nature. If any Licensee seeks to cease providing the bond it shall seek approval from the Commission at least sixty (60) days prior to the time it wants to discontinue maintaining the bond;

(c) Cover payment of the Licensee’s District of Columbia Deposits and Prepayments that occurred while the bond was in force as identified by the Commission under these regulations; and

(d) State that the proceeds of the bond shall be paid or disbursed as directed by the Commission.

4605.4 Commission Verification. Each Licensee shall provide appropriate certification as prescribed by §§ 4604.2 (b) and (c). The Commission may request such information from the Licensee as is necessary to verify the accuracy of the certification at any time.

4605.5 Bond Foreclosure. The Commission’s foreclosure of an Integrity Bond shall be limited to those instances where damages to the Customer(s) by the Licensee are actual. In order to draw funds on this Bond, the Commission shall determine that the Licensee is financially insolvent or unable to meet its obligations as a Licensee to a Customer(s) who has suffered actual damages by means of failure, or by reason of the Licensee’s breach of contract or violation of the Act and any orders, regulations, rules or standards promulgated thereto.

History

SOURCE: Final Rulemaking published at 65 DCR 9970 (September 28, 2018 – Vol. 1); as amended by Final Rulemaking published at 69 DCR 006056 (May 27, 2022); as amended by Final Rulemaking published at 71 DCR 007434 (June 28, 2024). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 4605

15 DCMR § 4606 PRIVACY PROTECTION POLICY

4606.1 All Applicants and current Licensees shall institute a Privacy Protection Policy to protect against the unauthorized disclosure or use of information about a Customer or a Customer’s use of service. A copy of that Policy shall be made available once a year, including any updates or changes, through electronic means or a hardcopy to the Customer and posted in a prominent place on each company’s website.

History

SOURCE: Final Rulemaking published at 65 DCR 9970 (September 28, 2018 – Vol. 1). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 4606

15 DCMR § 4607 COMMISSION REPORTING REQUIREMENTS

4607.1 Updates to an Approved Application. After an Application has been approved, a Licensee shall inform the Commission of new information that changes or updates any part of the Application, including but not limited to, the averment regarding any civil, criminal, or regulatory penalties imposed on the Licensee, within thirty (30) days of the change or the new information. A Licensee shall also inform the Commission of changes to the averment regarding bankruptcy proceedings instituted voluntarily or involuntarily within one business day of the institution of such proceedings. Also, if a Licensee changes its trade name or the d/b/a name that it is using in the District of Columbia, the Licensee shall notify the Commission within ten (10) days of the effective date of the change and prior to soliciting Customers under that new name.

History

SOURCE: Final Rulemaking published at 65 DCR 9970 (September 28, 2018 – Vol. 1). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 4607

15 DCMR § 4608 COMMISSION ACTION REGARDING A LICENSEE

4608.1 Commission Investigation. The Commission may open an investigation of a Licensee on its own initiative, or upon the complaint of OPC, the D.C. Office of the Attorney General, or any aggrieved party. The Commission shall provide written notice of the investigation to the Licensee and shall provide the Licensee an opportunity for a hearing in accordance with District of Columbia law and Commission regulations.

4608.2 Grounds for Commission Action. The Commission may take action against a Licensee as determined by the Commission, including, but not limited to, the following violations:

(a) Knowingly or with reckless disregard, providing false or misleading information to the Commission;

(b) Slamming or cramming;

(c) Disclosing information about a Customer supplied to the Licensee by the Customer or using information about a Customer for any purpose other than the purpose for which the information was originally acquired, without the Customer’s written consent, unless the disclosure is for bill collection or credit rating reporting purposes or is required by law or an order of the Commission;

(d) Failure to provide adequate and accurate information to each Customer about the Licensee’s available services and charges;

(e) Discriminating against any Customer based wholly or partly on the race, color, creed, national origin, sex, or sexual orientation of the Customer or for any arbitrary, capricious, or unfairly discriminatory reason;

(f) Refusing to provide electricity or related service to a Customer unless the refusal is based on standards reasonably related to the Licensee’s economic and business purposes;

(g) Failure to post on the Internet or on the Licensee’s website adequate and accurate information about its services and rates for its Customers;

(h) Failure to provide electricity for its Customers when the failure is attributable to the actions of the Licensee;

(i) Committing fraud or engaging in sales, marketing, advertising, or trade practices that are unfair, false, misleading, or deceptive such as engaging in any solicitation that leads the Customer to believe that the Licensee is soliciting on behalf of, or is an agent of, the Electric Company when no such relationship exists;

(j) Failure to maintain financial integrity;

(k) Failure to pay, collect, remit, or accurately calculate applicable taxes;

(l) Violating an applicable provision of the D.C. Official Code or any other applicable consumer protection law;

(m) Conviction of the Licensee or any principal of the Licensee (including the general partners, corporate officers or directors, or limited liability managers of offices of the Licensee) for any fraud-related crimes (including, but not limited to, counterfeiting and forgery, embezzlement and theft, fraud and false statements, perjury, and securities fraud);

(n) Imposition of a civil, criminal, or regulatory sanction(s) or penalties against the Licensee or any principal of the Licensee (including the general partners, corporate officers or directors, or limited liability managers or officers of the Company) pursuant to any state or Federal consumer protection law or regulation;

(o) Conviction by the Licensee or principal of the Licensee (including the general partners, corporate officers or directors, or limited liability managers or officers of the Licensee) of any felony that has some nexus with the Licensee’s business;

(p) Filing of involuntary bankruptcy/insolvency proceedings against the Licensee or filing of voluntary bankruptcy/insolvency proceedings by the Licensee;

(q) Suspension or revocation of a license by any state or federal authority, including, but not limited to, suspension or revocation of a license to be a power marketer issued by the Federal Energy Regulatory Commission;

(r) Imposition of any enforcement action by any Independent System Operators or Regional Transmission Organization used by the Licensee;

(s) Failure of a Licensee to provide annually copies of its Privacy Protection Policy to its Customers;

(t) Failure of a Licensee, who has not initially started serving Customers in the District to notify the Commission within three (3) business days before the Licensee begins soliciting or marketing to Customers directly or through an authorized representative in compliance with the solicitation rules in this Chapter;

(u) Failure of the Licensee to pay its assessment for the costs and expenses of the Commission and OPC as required by D.C. Official Code § 34-912(b) and any penalties prescribed by D.C. Official Code § 34-1508; or

(v) Failure to comply with any Commission regulation or order.

History

SOURCE: Final Rulemaking published at 65 DCR 9970 (September 28, 2018 – Vol. 1). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 4608

15 DCMR § 4609 SANCTIONS AND ENFORCEMENT

4609.1 Sanctions. Licensees are subject to sanctions for violations of federal and District of Columbia law and applicable Commission regulations and orders. The following sanctions may be imposed by the Commission:

Civil Penalty. Pursuant to D.C. Official Code § 34-1508 (b)(1), the Commission may impose a civil penalty of not more than ten thousand dollars ($10,000) for each violation. Each day a violation continues shall be considered a separate violation for purposes of this penalty. The Commission shall determine the amount of a civil penalty after consideration of the following:

The number of previous violations on the part of the Licensee;

The gravity and duration of the current violation; and

The good faith effort of the Licensee in attempting to achieve compliance after the Commission provides notice of the violation.

Customer Refund or Credit. The Commission may order a Licensee to either issue a full refund for all charges billed or collected by the Licensee or direct the Licensee to issue a credit to the Customer’s account in any billing or service dispute between the Licensee and Customer. In specific instances where slamming has occurred, the Licensee shall refund to the Customer all monies paid to the Licensee; and where cramming has occurred, the Licensee shall refund to the Customer the amount of the unauthorized charges paid to the Licensee.

Cease and Desist Order. The Commission may order the Licensee to:

(1) Cease adding or soliciting additional Customers;

(2) Cease serving Customers in the District of Columbia; or

(3) Cease any action found to be in violation of District of Columbia law, or Commission rules and regulations.

Cancellation of a contract or part of a contract between a Customer and a Licensee; or

Suspension and Revocation of a Licensee’s Supplier License;

(1) If a Licensee fails to provide electricity service to customers in the District of Columbia within two (2) years from the issuance of its license, the Commission shall suspend the Licensee’s electricity supplier license and issue a notice of revocation. The Commission shall provide the Licensee an opportunity to submit evidence of service or permit the Licensee to request a hearing, either orally or in writing.

(2) If a Licensee reports the absence of any jurisdictional revenue from its electricity service in its response to the annual assessment survey required by 15 DCMR § 1301.2 for any consecutive two (2) year period, the Commission shall suspend the Licensee’s electricity supplier license and issue a notice of revocation. The Commission shall provide the Licensee an opportunity to submit evidence of service or permit the Licensee to request a hearing, either orally or in writing.

(3) If a Licensee is no longer providing electricity service in the District of Columbia or has failed to comply with any of the filing requirements prescribed in this Chapter or has not filed an application to surrender its electricity supplier license under § 4602.10, the Commission shall suspend the Licensee’s electricity supplier license and issue a notice of revocation. The Commission shall provide the Licensee an opportunity to submit evidence of service or permit the Licensee to request a hearing, either orally or in writing.

(4) Failure of the Licensee to submit a response to its suspension and notice of revocation within thirty (30) days of its issuance shall result in the permanent revocation of the Licensee’s electricity supplier license.

4609.2 Commission Access to Records. As part of any Commission investigation, the Commission shall have access to any accounts, books, papers, and documents of the Licensee that the Commission considers necessary in order to resolve the matter under investigation.

4609.3 Emergency Action by the Commission. The Commission may temporarily suspend a License, issue a temporary cease and desist order, or take any other appropriate temporary remedial action, pending a final determination after notice and hearing, if the Commission determines that there is reasonable cause to believe that Customers or the reliability of electric supply in the District of Columbia is or will be harmed by the actions of a Licensee.

History

SOURCE: Final Rulemaking published at 65 DCR 9970 (September 28, 2018 – Vol. 1); as amended by Final Rulemaking published at 71 DCR 007434 (June 28, 2024). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 4609

15 DCMR § 4610 COMMISSION ASSESSMENT AND FEES

4610.1 The Licensee shall pay an assessment for the costs and expenses of the Commission and OPC as required by D.C. Official Code § 34-912 (b) and any penalties assessed pursuant to D.C. Official Code § 34-1508.

4610.2 The Licensee shall pay any additional fees imposed by the Commission pursuant to the Commission’s rules, regulations, or orders.

History

SOURCE: Final Rulemaking published at 65 DCR 9970 (September 28, 2018 – Vol. 1). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 4610

15 DCMR § 4698 WAIVER

4698.1 The Commission may upon request, or on its own initiative after notice to the parties of its intention to do so, waive any provision of this chapter for good cause.

History

SOURCE: Final Rulemaking published at 67 DCR 11091 (September 18, 2020); as amended by Final Rulemaking published at 71 DCR 007434 (June 28, 2024). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 4698

15 DCMR § 4699 DEFINITIONS

4699.1 For the Purposes of these rules, the following terms shall have the meaning ascribed:

Act: The Retail Competition and Consumer Protection Act of 1999, effective May 9, 2000 (D.C. Law 13-107; D.C. Official Code §§ 34-1501 et seq. (2001)).

Affiliate: A Person who directly or indirectly, or through one or more intermediaries, controls, is controlled by, or is under common control with, or has, directly or indirectly, any economic interest in another person.

Aggregator: A Person who acts on behalf of Customers to purchase electricity.

Applicant: A Person who applies for an Electricity Supplier License required by the Act.

Application: The written request by a Person for an Electricity Supplier License in a form specified by the Commission.

Broker: A Person who acts as an agent or intermediary in the sale and purchase of electricity but who does not take title to electricity.

Business Day: A Day in which normal business is transacted, excluding Saturdays, Sundays, and Federal and District of Columbia holidays.

Commission: The Public Service Commission of the District of Columbia.

Cramming: The practice of adding services or Charges to a Customer’s existing electricity supplier service options absent the express consent of the Customer.

Customer: A purchaser of electricity for end use in the District of Columbia. The term excludes an occupant of a building where the owner, lessee, or manager manages the internal distribution system serving the building and supplies electricity solely to occupants of the building for use by the occupants.

Customer Payments Bond: A bond or other form of acceptable financial instrument such as a line of credit, sworn letter of guarantee, bank loan approval documents, recent bank statements, vendor financing agreements or underwriting agreements in an amount at least equal to the total amount of Deposits or Prepayments.

Day: A Calendar day, unless otherwise specified.

Deposit: Any payment made by a Customer to an Electricity Supplier to secure the Electricity Supplier against potential Customer nonpayment or default.

Default: The omission or failure to perform a legal or contractual duty.

Defaulted Licensee: A Licensee is in default and is unable to deliver electricity because: (1) the Commission revokes or suspends the Electricity Supplier’s retail Electricity Supplier License; or (2) the Licensee is unable to transact sales of electricity through the Regional Transmission Organization designated for the District of Columbia by the Federal Energy Regulatory Commission.

Electric Company: Includes every corporation, company, association, joint-stock company or association, partnership, or Person doing business in the District of Columbia, their lessees, trustees, or receivers appointed by any court whatsoever, physically transmitting or distributing electricity in the District of Columbia to retail electric Customers, excluding any Person distributing electricity from a behind-the-meter generator to a single retail customer behind the same meter and located on the same premise as the customer’s meter. In addition, the term excludes any building owner, lessee, or manager who, respectively, owns, leases, or manages, the internal distribution system serving the building and who supplies electricity and other electricity related services solely to the occupants of the building for use by the occupants. The term also excludes a Person that does not sell or distribute electricity and that owns or operates equipment used exclusively for the charging of electric vehicles.

Building owners, lessees, or managers who manage the internal distribution system serving such building and who supply electricity solely to the occupants of the building for use by the occupants;

Any Person who purchases electricity for its own use or for the use of its subsidiaries or affiliates;

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;

Property owners who supply small amounts of power, at cost, as an accommodation to lessors or licensees of the property;

Consolidators;

A Community Renewable Energy Facilities (“CREFs”) as defined in 15 DCMR § 4199.1 and as described in 15 DCMR §§ 4109.1- 4109.3 pursuant to the Community Renewable Energy Amendment Act of 2013 (D.C. Law 20-47; D.C. Official Code §§34-1518 et seq.);

An Electric Company; and

Electricity Supplier License: The authority granted by an order of the Commission to a Person to do business as an Electricity Supplier in the District of Columbia.

Independent System Operator or “ISO”: An entity authorized by the Federal Energy Regulatory Commission to manage and control the electric transmission grid in a state or region.

Integrity Bond: A bond that is required of an Electricity Supplier who cannot provide credible evidence that it meets the standards listed in § 4605.1 of this Chapter.

Licensee: An Electricity Supplier who has been granted a valid Electricity Supplier License by the Commission.

Marketer: A Person who purchases and takes title to electricity as an intermediary for sale to customers.

OPC: The Office of the People’s Counsel of the District of Columbia.

Person: An individual, corporation, company, association, joint stock company, association, firm, partnership, or other entity.

Prepayments: All payments other than a Deposit made by a Customer to an Electricity Supplier for services that have not been rendered at the time of payment, subject to the following:

Where an Electricity Supplier charges for services based on a quantity of electricity, such as a price per kilowatt/hour, then Prepayments include any payments for any quantity that has not been delivered to the Customer or Consumer at the time of payment;

Where an Electricity Supplier charges for services based on a period of time, such as charging a membership fee, initiation fee or other fee for services for a time period, then Prepayments include the amount of the total charges collected by the Electricity Supplier for the period of time less the prorated value of the period of time for which services have been rendered;

Where an Electricity Supplier charges for services based on a measure other than quantity of electricity delivered or a period of time, the Commission shall determine, on a case-by-case basis, whether the charges involve a prepayment; and

Prepayments do not include any funds received in advance of the services being rendered as a result of the Consumer's voluntary participation in a budget billing or level billing plan by which the consumer's anticipated electrical costs are averaged over a period of time.

Regional Transmission Organization or “RTO”: An entity designated by the Federal Energy Regulatory Commission to direct operations of the regional electric transmission grid in its area to ensure electric grid reliability.

Regulatory Contact: The staff contact for the Licensed Electricity Supplier that handles regulatory matters for that company or entity.

Slamming: The practice of switching, or causing to be switched, a Customer’s electricity supplier Account without the express authorization of the Customer.

Solicitation: A communication in any medium that urges a customer to Contract for receipt of specific electricity services from an Electricity Supplier. Types of Solicitation may include, but are not limited to, telephone Solicitation, radio advertisements, print advertisements, home Solicitations, electronic advertisements (i.e. Internet), newspaper advertisements, and written Solicitations.

Standard Offer Service or SOS: Electricity supply made available on and after the initial implementation date to: (1) Customers who contract for electricity with an Electricity Supplier, but who fail to receive delivery of electricity under such contracts; (2) Customers who cannot arrange to purchase electricity from an Electricity Supplier; and (3) Customers who do not choose an Electricity Supplier.

SOS Administrator: The provider of Standard Offer Service mandated by D.C. Official Code § 34-1509.

Supplier Coordination Agreement: The agreement between the Electric Company and the Electricity Supplier whereby the Electric Company agrees to supply, and the Electricity Supplier requests and agrees to take, all “Coordination Services” pursuant to the Electric Company’s Electricity Supplier Tariff.

History

SOURCE: Final Rulemaking published at 65 DCR 9970 (September 28, 2018 – Vol. 1). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 4699

15-47 LICENSURE OF NATURAL GAS SUPPLIERS

15 DCMR § 4700 APPLICABILITY

4700.1 Application. These rules apply to a Person who engages in the business of a Natural Gas Supplier in the District of Columbia.

4700.2 Purpose. These rules provide uniform requirements for obtaining any form of a Natural Gas Supplier License in the District of Columbia, describe the administrative procedures available to the Applicants and Licensees, outline the grounds for Commission action regarding a Licensee, and describe the sanctions that may be imposed by the Commission.

4700.3 Restrictions. No Person shall present itself as a Natural Gas Supplier, perform the duties of a Natural Gas Supplier, accept Deposits or prepayments from retail Customers, contract with retail Customers or arrange for contracts for retail Customers, prior to receipt of a license from the Commission.

History

SOURCE: Final Rulemaking published at 65 DCR 9948 (September 28, 2018 – Vol. 1). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 4700

15 DCMR § 4701 LICENSING REQUIREMENTS

4701.1 Persons Subject to Licensing Requirements. Any Person who engages in the business of a Natural Gas Supplier in the District of Columbia shall hold a Natural Gas Supplier License.

4701.2 Application Information Requirements for Natural Gas Suppliers. An Application for a Natural Gas Supplier License and an Application for renewal of a Natural Gas Supplier License shall include the following information, in a manner and form specified by the Commission:

(a) Proof of technical and managerial competence;

(b) Proof of compliance with all applicable requirements of the Federal Energy Regulatory Commission, and any Natural Gas Transmission or Pipeline Company to be used by the Applicant;

(c) A sworn verification that the Applicant is currently in compliance with, and will comply with, all applicable federal and District of Columbia environmental laws and regulations;

(d) Proof of financial integrity;

(e) Proof of compliance with the Bonding Requirements set forth in §§ 4704 and 4705;

(g) A sworn verification that the Applicant is currently in compliance with, and will comply with, all applicable taxes;

(h) A sworn verification that the Applicant is currently in compliance with, and will comply with all of the requirements of Retail Natural Gas Licensing and Consumer Protection Act of 2004 (Act) and all orders and regulations of the Commission issued under the Act;

(i) Applicant’s website address;

(j) The name and contact information for the Natural Gas Supplier’s Regulatory Contact and Customer Service Contact;

(k) The Trade name(s) or d/b/a (doing business as name(s)) if the Applicant will be using either while doing business as a Natural Gas Supplier in the District of Columbia;

(l) If the Applicant was a previously licensed Natural Gas Supplier in the District of Columbia but has surrendered that license under a former name or in this current Applicant’s name, the Applicant must submit a sworn verification that it has paid all previously outstanding Commission and the Office of the People’s Counsel (OPC) imposed assessments and penalties. If prior assessments and penalties remain unpaid, submit a date certain when those assessments and any penalties will be paid;

(m) A sample copy of each of the Natural Gas Supplier’s natural gas supply Customer contracts (e.g., fixed or variable rates) and a sample bill except brokers and aggregators shall be exempt from this requirement;

(n) All electronic filings of bonds and similar instruments shall be accepted in such form, and possess the same standing of physical versions; and

(o) Any other information required by the Commission.

4701.3 Proprietary and Confidential Information. Pursuant to 15 DCMR § 150, the Applicant may request certain information be treated as confidential.

History

SOURCE: Final Rulemaking published at 65 DCR 9948 (September 28, 2018 – Vol. 1); as amended by Final Rulemaking published at 69 DCR 006056 (May 27, 2022); as amended by Final Rulemaking published at 71 DCR 007434 (June 28, 2024). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 4701

15 DCMR § 4702 LICENSING PROCEDURES

4702.1 Scope. These procedures apply to an Application for a Natural Gas Supplier License or the renewal of a Natural Gas Supplier License before the Commission. Renewal Applications may not be approved if the Licensee owes any outstanding assessment to the Commission, OPC, or both.

4702.2 Form. An Application for a Natural Gas Supplier License shall be made to the Commission in writing on the applicable form(s) provided by the Commission; be verified by oath or affirmation; and be accompanied by an Application fee of Four Hundred dollars ($400.00).

4702.3 Electronic Filing Requirement. All documents shall be filed electronically, including documents containing confidential or proprietary information.

4702.4 Change in Application Information. The Applicant shall immediately inform the Commission of any change in the information provided in the Application during the pendency of the Application and changes to an approved Application pursuant to § 4707.1.

4702.5 Notice of Incomplete Application (Deficiency Letter). The Commission shall review the submitted Application for completeness within fifteen (15) days of receipt of the Application. If the Application is incomplete, the Commission shall notify the Applicant in writing of the deficiency in the Application. The Applicant shall have ten (10) days, or such additional time as the Commission may designate if it extends the time period for good cause shown, to provide the information requested in the deficiency letter. If the Applicant does not provide the information to the Commission within ten (10) days or within the alternative time period set by the Commission, the Application shall be deemed dismissed without prejudice. An Applicant may submit a new Application with the requisite Four Hundred dollars ($400.00) fee at any time.

4702.6 Review of Complete Application. Upon determining that an Application is complete, the Commission shall review the information provided by the Applicant in the Application, and within fifteen (15) days issue an order approving or denying the Application.

4702.7 Term of Natural Gas Supplier License. A Natural Gas Supplier License is valid until revoked by the Commission or surrendered by the Licensed Natural Gas Supplier. A Licensee is subject to review every five (5) years after the date on which the license was issued or was last reviewed. A Natural Gas Supplier that has been licensed for more than five (5) years from the effective date of this Chapter shall submit an Application for review by the Commission pursuant to the licensing requirements and procedures set forth in §§ 4701 and 4702 within ninety (90) days from the effective date of this Chapter. The Commission shall review the Application within thirty (30) days after its filing. If the Application is incomplete or deficient in any manner, the Commission may request additional information to cure the incompleteness or deficiency. If the Application is deemed complete, the Commission shall take no further action and the Natural Gas Supplier License shall remain in effect.

4702.8 Solicitation of Customers. A Licensee, both new and existing, who has not initially started serving Customers shall file a notice with the Commission within three (3) business days before the Licensee begins soliciting or marketing to Customers directly or through an authorized representative in the District of Columbia. This is a one-time initial notice prior to the Licensee beginning its marketing to or soliciting of District of Columbia Customers. The notice shall include the name of the Licensee’s designated contact person for pricing information if the Licensee is serving Customers and the URL address of the Licensee’s website. All door-to-door sales representatives and agents of the Licensee shall be required to present photo identification to Customers as part of the solicitation process. In addition, the Licensee is required to maintain a record of the identity of each sales representative and marketing agent or representative active in the District of Columbia, including the company photo identification, and make it available upon request to the Commission.

4702.9 Serving Customers. A Licensee shall do the following before it begins to serve customers in the District of Columbia:

(a) File a notice with the Commission of the estimated start date when it will begin to serve Customers in the District of Columbia; and

(b) File an affidavit attesting that all sales and marketing and regulatory personnel, including independent contractors and vendors, performing marketing or sales activities on the Licensee’s behalf have been trained on the relevant provisions of Chapters 3 and 47 of Title 15 DCMR before they begin soliciting Customers in the District of Columbia.

4702.10 Requirements for Cessation of Business in the District of Columbia, Cessation of Business to Customers, and Voluntary Surrender of a Natural Gas Supplier License.

(1) Written notice to the Commission and to the Licensee’s Customers at least sixty (60) days prior to the Licensee’s intention to cease providing natural gas service to its Customers. The notice shall state that the Licensee has informed its Customers of the choice to revert to the default service provider or to another natural gas supplier;

(3) The formal case number, order number, and date of license approval;

(4) The number of customers the Licensee serves and the type of service the Licensee provides;

(5) The date on which the Licensee seeks to cease providing service to customers and end its business operations;

(8) A sworn affidavit from an officer or agent of the surrendering Licensee attesting to the accuracy and veracity of the application.

4702.11 Natural Gas Company and Licensee Responsibilities in the Event of Default. In the event of a default, the Licensee and the Natural Gas Company shall abide by the Natural Gas Company’s Firm Delivery Service Gas Supplier Agreement Tariff. Also, a Defaulted Licensee using consolidated billing services remains obligated to provide the Natural Gas Company with information necessary to allow the Natural Gas Company to continue consolidated billing through the conclusion of the billing cycle in which the default occurred.

4702.12 Required Notices Upon Default. Upon default, a Licensee shall immediately notify its Customers of its default by the preferred method that each Customer has selected to receive notifications and send written notice by electronic mail to the Natural Gas Company and to file notice with the Commission notifying them of its default. Upon receipt of notice of a Licensee’s default from the Defaulted Licensee, the Natural Gas Company shall immediately provide the Defaulted Licensee’s Customers Default Service in accordance with the Natural Gas Company’s tariff, unless or until a Customer notifies the Natural Gas Company that the Customer has selected a new Natural Gas Supplier.

History

SOURCE: Final Rulemaking published at 65 DCR 9948 (September 28, 2018 – Vol. 1); as amended by Final Rulemaking published at 69 DCR 006056 (May 27, 2022). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 4702

15 DCMR § 4703 [RESERVED]

History

SOURCE: Final Rulemaking published at 65 DCR 9948 (September 28, 2018 – Vol. 1); as amended by Final Rulemaking published at 69 DCR 006056 (May 27, 2022); as amended by Final Rulemaking published at 71 DCR 007434 (June 28, 2024). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 4703

15 DCMR § 4704 BOND REQUIREMENTS FOR NATURAL GAS SUPPLIERS COLLECTING DEPOSITS OR PREPAYMENTS (“CUSTOMER PAYMENTS BOND”)

4704.1 Applicability. Any Applicant that states on its Application that it intends to charge Deposits or collect Prepayments or that does in fact require a Deposit or collects a Prepayment, shall post a copy of a Customer Payments Bond with the Commission, in addition to any Integrity Bond that may be required or submitted and shall submit the certification described in this section. Any Applicant that states on its Application that it does not intend to charge Deposits or collect Prepayments and that does not in fact require a Deposit or collect any Prepayment will not be required to post a Customer Payments Bond or provide the certification described below. Any Licensee that charges a Deposit or collects a Prepayment without posting the required Customer Payments Bond may be subject to suspension, revocation, or other action against its license, as well as be held liable for restitution to any Customers who paid such Deposits or Prepayments. Any Licensee requiring, charging, collecting or holding Deposits, or Prepayments may not request a return of a current Customer Payments Bond or waiver of the requirements for a future Customer Payments Bond, unless and until the Licensee returns the Deposits or Prepayments to its Customers.

4704.2 Procedure for Determining Amount of a Customer Payments Bond.

(a) Initial Bond: Before accepting any Deposits or Prepayments, a Licensee shall post a copy of an initial Customer Payments Bond of fifty thousand dollars ($50,000).

(b) Six Month Certification: Within six (6) months after the initial copy of the Customer Payments Bond is posted, the Licensee shall provide the Commission with any appropriate confidentiality designations: (1) a certification, subject to review by the Commission, of the amount of the Deposits and Prepayments held by the Licensee; and (2) a copy of a Customer Payments Bond in an amount that is at least equal to the amount reflected in that certification.

(c) Annual Certification: By December 31st of each year, the Licensee shall provide to the Commission with any appropriate confidentiality designations: (1) certification of the amount of the Deposits and Prepayments held by the Licensee; and (2) a copy of a Customer Payments Bond in an amount that is at least equal to the amount reflected in that certification.

4704.3 Form of the Bond. Any Applicant or Licensee required to provide a bond under this section shall provide a bond issued by a company authorized to do business in the District of Columbia in a form required by the Commission. The Applicant shall file a copy of this bond, with a notarized verification page from the issuer, as part of its application for a license. At a minimum, the bond form shall:

(a) Designate the Commission as the sole beneficiary of the bond;

(b) Be continuous in nature. If a Licensee seeks to cease providing the bond it shall seek approval from the Commission at least sixty (60) days prior to the time it wants to discontinue maintaining the bond;

(c) Cover payment of all the Licensee’s District of Columbia Deposits and Prepayments of the Licensee that occurred while the bond was in force as identified by the Commission under these regulations; and

(d) State that the proceeds of the bond shall be paid or disbursed as directed by the Commission.

4704.4 Commission Verification. Each Licensee shall provide appropriate certification, at the intervals discussed in § 4704.2, of funds collected by the Licensee for Prepayments and/or Deposits. Each Licensee shall certify the amount of funds held for Deposits and Prepayments through a notarized statement, subject to verification by the Commission. The certification and any audit by the Commission will verify the year to date collections and balances of Prepayments and Deposits as of a specific date and will be used to verify whether the Licensee has the appropriate amount of Customer Payments Bond coverage. The Commission reserves the right, in its sole discretion, to order the Licensee to have a Certified Public Accountant review such balances, should conditions warrant such a review.

4704.5 Bond Foreclosure. The Commission may foreclose upon any bond posted with the Commission when, in the Commission’s discretion, foreclosure is necessary to ensure the fair and lawful treatment of the Licensee’s Customers to ensure that Deposits and Prepayments collected by a Licensee from a Customer will be repaid to the Customer. In order to draw funds on this Bond, the Commission shall issue an order stating that the Licensee is financially insolvent or unable to meet its obligations as for restitution to any Licensee’s Customer who paid such Deposit or Prepayment.

History

SOURCE: Final Rulemaking published at 65 DCR 9948 (September 28, 2018 – Vol. 1); as amended by Final Rulemaking published at 71 DCR 007434 (June 28, 2024). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 4704

15 DCMR § 4705 BOND REQUIREMENTS FOR FINANCIAL INTEGRITY (“INTEGRITY BOND”)

4705.1 Applicability. Any Applicant or Licensee that can provide credible evidence that it meets one of the following standards is not required to post an Integrity Bond in the District of Columbia:

(a) A current credit rating of BBB- or higher from a nationally recognized credit rating service;

(b) A current commercial paper rating of A2 or higher by Standard & Poor’s and/or P2 or higher by Moody’s or similar rating by another nationally recognized rating service; or

4705.2 (a) Exclusion. An Applicant or Licensee that cannot provide evidence to the satisfaction of the Commission that it meets the standards listed in § 4705.1 will be required to submit a copy of an initial Integrity Bond of fifty thousand dollars ($50,000), unless that Applicant or Licensee is applying to provide service as an Aggregator (as defined in § 4799.1) who does not take title to natural gas or as a Broker (as defined in § 4799.1), in which case a copy of a ten thousand-dollar ($10,000) Integrity Bond will be required. However, an Applicant or Licensee that meets the standards listed in § 4705.1 may still be required to provide a bond to demonstrate financial integrity for the Application on a case-by-case basis.

(b) Updates. The Commission, in its sole discretion, may determine whether or not to reevaluate the amount of the Integrity Bond in light of any changing conditions in the natural gas market at the time that a Licensee submits updated information, taking into consideration the Licensee’s previous and ongoing relationship with its Customers and its historical compliance with Commission rules and requirements. The Commission may request such information from the Licensee as may be necessary to make its evaluation. Aggregators who do not take title and Brokers will not be required to update the initial $10,000 Integrity Bond.

(4) The Commission may require the Licensee to submit a copy of an Integrity Bond at a later date if the Commission deems the requirement of an Integrity Bond to be necessary and appropriate; and

4705.3 Form of the Bond. Any Applicant or Licensee required to provide a bond under this section shall provide a bond issued by a company authorized to do business in the District of Columbia in a form required by the Commission. The Applicant shall file a copy of this bond, with a notarized verification page from the issuer, as part of its application for a license. At a minimum, this form shall:

(a) Designate the Commission as the sole beneficiary of the bond;

(b) Be continuous in nature. If any Licensee seeks to cease providing the bond, it shall seek approval from the Commission at least sixty (60) days prior to the time it wants to discontinue maintaining the bond;

(c) Cover payment of the Licensee’s District of Columbia Deposits and Prepayments that occurred while the bond was in force as identified by the Commission under these regulations; and

(d) State that the proceeds of the bond shall be paid or disbursed as directed by the Commission.

4705.4 Commission Verification. Each Licensee shall provide appropriate certification as prescribed by §§ 4704.2 (b) and (c). The Commission may request such information from the Licensee as is necessary to verify the accuracy of the certification at any time.

4705.5 Bond Foreclosure. The Commission’s foreclosure of an Integrity Bond shall be limited to those instances where damages to the Customer(s) by the Licensee are actual. In order to draw funds on this Bond, the Commission shall determine that the Licensee is financially insolvent or unable to meet its obligations as a Licensee to a Customer(s) who has suffered actual damages by means of failure, or by reason of the Licensee’s breach of contract or violation of the Act and any orders, regulations, rules or standards promulgated thereto.

History

SOURCE: Final Rulemaking published at 65 DCR 9948 (September 28, 2018 – Vol. 1); as amended by Final Rulemaking published at 69 DCR 006056 (May 27, 2022); as amended by Final Rulemaking published at 71 DCR 007434 (June 28, 2024). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 4705

15 DCMR § 4706 PRIVACY PROTECTION POLICY

4706.1 All Applicants and current Licensees shall institute a Privacy Protection Policy to protect against the unauthorized disclosure or use of information about a Customer or a Customer’s use of service. A copy of that Policy shall be made available once a year, including any updates or changes, through electronic means or a hardcopy to the Customer and posted in a prominent place on each company’s website.

History

SOURCE: Final Rulemaking published at 65 DCR 9948 (September 28, 2018 – Vol. 1). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 4706

15 DCMR § 4707 COMMISSION REPORTING REQUIREMENTS

4707.1 Updates to an Approved Application. After an Application has been approved, a Licensee shall inform the Commission of new information that changes or updates any part of the Application, including but not limited to, the averment regarding any civil, criminal, or regulatory penalties imposed on the Licensee, within thirty (30) days of the change or the new information. A Licensee shall also inform the Commission of changes to the averment regarding bankruptcy proceedings instituted voluntarily or involuntarily within one business day of the institution of such proceedings. Also, if a Licensee changes its trade name or the d/b/a name that it is using in the District of Columbia, the Licensee shall notify the Commission within ten (10) days of the effective date of the change and prior to soliciting Customers under that new name.

History

SOURCE: Final Rulemaking published at 65 DCR 9948 (September 28, 2018 – Vol. 1). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 4707

15 DCMR § 4708 COMMISSION ACTION REGARDING A LICENSEE

4708.1 Commission Investigation. The Commission may open an investigation of a Licensee on its own initiative, or upon the complaint of OPC, the D.C. Office of the Attorney General, or any aggrieved party. The Commission shall provide written notice of the investigation to the Licensee and shall provide the Licensee an opportunity for a hearing in accordance with District of Columbia law and Commission regulations.

4708.2 Grounds for Commission Action. The Commission may take action against a Licensee as determined by the Commission, including, but not limited to, the following violations:

(a) Knowingly or with reckless disregard, providing false or misleading information to the Commission;

(b) Slamming or Cramming;

(d) Failure to provide adequate and accurate information to each Customer about the Licensee’s available services and charges;

(e) Discriminating against any Customer based wholly or in part on the race, color, creed, national origin, sex, or sexual orientation of the Customer or for any arbitrary, capricious, or unfairly discriminatory reason;

(f) Refusing to provide natural gas or related service to a Customer unless the refusal is based on standards reasonably related to the Licensee’s economic and business purposes;

(g) Failure to post on the Internet or on the Licensee’s website adequate and accurate information about its services and rates for its Customers;

(h) Failure to provide natural gas for its Customers when the failure is attributable to the actions of the Licensee;

(j) Failure to maintain financial integrity;

(k) Failure to pay, collect, remit, or accurately calculate applicable taxes;

(l) Violating an applicable provision of the D.C. Official Code or any other applicable consumer protection law;

(p) Filing of involuntary bankruptcy/insolvency proceedings against the Licensee or filing of voluntary bankruptcy/insolvency proceedings by the Licensee;

(r) Failure of a Licensee to provide annually copies of its Privacy Protection Policy to its Customers;

(s) Failure of a Licensee, who has not initially started serving Customers in the District to notify the Commission within (3) business days before the Licensee begins soliciting or marketing to Customers directly or through an authorized representative in compliance with the solicitation rules in this Chapter;

(t) Failure of the Licensee to pay its assessment for the costs and expenses of the Commission and OPC as required by D.C. Official Code § 34-912(b) and any penalties imposed by § 34-1671.11; or

(u) Failure to comply with any Commission regulation or order.

History

SOURCE: Final Rulemaking published at 65 DCR 9948 (September 28, 2018 – Vol. 1). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 4708

15 DCMR § 4709 SANCTIONS AND ENFORCEMENT

4709.1 Sanctions. Licensees are subject to sanctions for violations of Federal and District of Columbia law and applicable Commission regulations and orders. The following sanctions may be imposed by the Commission:

(a) Civil Penalty. Pursuant to D.C. Official Code § 34-1671.11(d)(1), the Commission may impose a civil penalty of not more than ten thousand dollars ($10,000) for each violation. Each day a violation continues shall be considered a separate violation for purposes of this penalty. The Commission shall determine the amount of a civil penalty after consideration of the following:

(1) Any history of prior violations;

(2) The gravity and duration of the current violation;

(3) The degree of the violator’s culpability;

(4) The prospective effect of the penalty on the ability of the violator to conduct business;

(5) Any good faith effort on the part of the violator in attempting to achieve compliance; and

(6) Other factors the Commission may consider appropriate.

(b) Customer Refund or Credit. The Commission may order a Licensee to either issue a full refund for all charges billed or collected by the Licensee or direct the Licensee to issue a credit to the Customer’s account in any billing or service dispute between the Licensee and Customer. In specific instances where slamming has occurred, the Licensee shall refund to the Customer all monies paid to the Licensee; and where cramming has occurred, the Licensee shall refund to the Customer the amount of the unauthorized charges paid to the Licensee.

(1) Cease adding or soliciting additional Customers;

(2) Cease serving Customers in the District of Columbia; or

(3) Cease any action found to be in violation of District of Columbia law, or Commission rules and regulations.

(d) Cancellation of a contract or part of a contract between a Customer and a Licensee;

(e) Suspension and Revocation of a Licensee’s Supplier License; or

(1) If a Licensee fails to provide natural gas service to customers in the District of Columbia within two (2) years from the issuance of its license, the Commission shall suspend the Licensee’s natural gas supplier license and issue a notice of revocation. The Commission shall provide the Licensee an opportunity to submit evidence of service or permit the Licensee to request a hearing, either orally or in writing.

(2) If a Licensee reports the absence of any jurisdictional revenue from its natural gas service in its response to the annual assessment survey required by 15 DCMR § 1301.2 for any consecutive two (2) year period, the Commission shall suspend the Licensee’s natural gas supplier license and issue a notice of revocation. The Commission shall provide the Licensee an opportunity to submit evidence of service or permit the Licensee to request a hearing, either orally or in writing.

(3) If a Licensee is no longer providing natural gas service in the District of Columbia or has failed to comply with any of the filing requirements prescribed in this Chapter or has not filed an application to surrender its natural gas supplier license under § 4702.10, the Commission shall suspend the Licensee’s natural gas supplier license and issue a notice of revocation. The Commission shall provide the Licensee an opportunity to submit evidence of service or permit the Licensee to request a hearing, either orally or in writing.

4709.2 Commission Access to Records. As part of any Commission investigation, the Commission shall have access to any accounts, books, papers, and documents of the Licensee that the Commission considers necessary in order to resolve the matter under investigation.

4709.3 Emergency Action by the Commission. The Commission may temporarily suspend a License, issue a temporary cease and desist order, or take any other appropriate temporary remedial action, pending a final determination after notice and hearing, if the Commission determines that there is reasonable cause to believe that Customers or the reliability of natural gas supply in the District of Columbia is or will be harmed by the actions of a Licensee.

History

SOURCE: Final Rulemaking published at 65 DCR 9948 (September 28, 2018 – Vol. 1); as amended by Final Rulemaking published at 71 DCR 007434 (June 28, 2024). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 4709

15 DCMR § 4710 COMMISSION ASSESSMENT AND FEES

4710.1 The Licensee shall pay an assessment for the costs and expenses of the Commission and OPC as required by D.C. Official Code § 34-912 (b) and any penalties assessed pursuant to D.C. Official Code § 34-1671.11.

4710.2 The Licensee shall pay any additional fees imposed by the Commission pursuant to the Commission’s rules, regulations, or orders.

History

SOURCE: Final Rulemaking published at 65 DCR 9948 (September 28, 2018 – Vol. 1). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 4710

15 DCMR § 4798 WAIVER

4798.1 The Commission may upon request, or on its own initiative after notice to the parties of its intention to do so, waive any provision of this chapter for good cause.

History

SOURCE: Final Rulemaking published at 67 DCR 11091 (September 18, 2020); as amended by Final Rulemaking published at 71 DCR 007434 (June 28, 2024). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 4798

15 DCMR § 4799 DEFINITIONS

4799.1 For the Purposes of these rules, the following terms shall have the meaning ascribed:

Act: The Retail Natural Gas Supplier Licensing and Consumer Protection of Act of 2004, effective March 16, 2005 (D.C. Law 15-227; D.C. Official Code §§ 34-1671.01 et seq. (2001)).

Aggregator: A Person that acts on behalf of Customers to purchase natural gas.

Applicant: A Person who applies for a Natural Gas Supplier License required by the Act.

Application: The written request by a Person for a Natural Gas Supplier License in a form specified by the Commission.

Broker: A Person who acts as an agent or intermediary in the sale and purchase of natural gas but who does not take title to natural gas.

Business Day: A Day in which normal business is transacted, excluding Saturdays, Sundays, and Federal and District of Columbia holidays.

Commission: The Public Service Commission of the District of Columbia.

Cramming: The practice of adding services or Charges to a Customer’s existing natural gas service options absent the express consent of the Customer.

Customer: A purchaser of natural gas in whose name a service account exists with the company.

Day: A Calendar day, unless otherwise specified.

Deposit: Any payment made by a Customer to a Natural Gas Supplier to secure the Natural Gas Supplier against potential Customer nonpayment or default.

Default: The omission or failure to perform a legal or contractual duty.

Defaulted Licensee: A Licensee is in default and is unable to deliver natural gas because: (1) the Commission revokes or suspends the Natural Gas Supplier’s retail Natural Gas Supplier License; or (2) the Licensee is unable to transact sales of natural gas through the Natural Gas Transmission or Pipeline Company designated for the District of Columbia by the Federal Energy Regulatory Commission.

Default Service: A Customer who receives natural gas supply from the Natural Gas Company. Default Service is available to Customers who contract for natural gas with a Natural Gas Supplier, but who fail to receive delivery of natural gas under such contracts and to Customers who do not choose a Natural Gas Supplier as prescribed by D.C. Official Code §34-1671.06 (b)(2).

Integrity Bond: A bond that is required of a Natural Gas Supplier who cannot provide credible evidence that it meets the standards listed in § 4705.1 of this Chapter.

Licensee: A Natural Gas Supplier who has been granted a valid Natural Gas Supplier License by the Commission.

Marketer: A Person who purchases and takes title to Natural Gas as an intermediary for sale to customers.

Natural Gas Company: Every corporation, company, association, joint-stock company or association, partnership, or Person doing business in the District of Columbia, their lessees, trustees, or receivers appointed by any court whatsoever, physically transmitting or distributing natural gas in the District of Columbia to retail natural gas customers as defined by D.C. Official Code § 34-209 and § 34-1671.02 (11).

Natural Gas Company’s Tariff: The tariff that sets forth the basic requirements for interaction and coordination between the Natural Gas Company and each Natural Gas Supplier necessary for ensuring the delivery of competitive natural gas supply from Natural Gas Suppliers to their Customers via the Natural Gas Company’s delivery system.

Natural Gas Supplier: A licensed Person, broker, or marketer, who generates natural gas; sells natural gas; or purchases, brokers, arranges or markets natural gas for sale to customers.

Natural Gas Supplier License: The authority granted by an order of the Commission to a Person to do business as a Natural Gas Supplier in the District of Columbia.

OPC: The Office of the People’s Counsel of the District of Columbia.

Person: An individual, corporation, company, association, joint stock company, association, firm, partnership, or other entity.

Prepayments: All payments other than a Deposit made by a Customer to a Natural Gas Supplier for services that have not been rendered at the time of payment, subject to the following:

(a) Where a Natural Gas Supplier charges for services based on a quantity of natural gas, then Prepayments include any payments for any quantity that has not been delivered to the Customer or Consumer at the time of payment;

(b) Where a Natural Gas Supplier charges for services based on a period of time, such as charging a membership fee, initiation fee or other fee for services for a time period, then Prepayments include the amount of the total charges collected by the Natural Gas Supplier for the period of time less the prorated value of the period of time for which services have been rendered;

(c) Where a Natural Gas Supplier charges for services based on a measure other than quantity of natural gas delivered or a period of time, the Commission shall determine, on a case-by-case basis, whether the charges involve a prepayment; and

(d) Prepayments do not include any funds received in advance of the services being rendered as a result of the Customer’s voluntary participation in a budget billing or level billing plan by which the consumer’s anticipated natural gas costs are averaged over a period of time.

Regulatory Contact: The staff contact for the Licensed Natural Gas Supplier that handles regulatory matters for that company or entity.

Slamming: The practice of switching, or causing to be switched, a Customer’s natural gas supplier Account without the express authorization of the Customer.

Solicitation: A communication in any medium that urges a customer to Contract for receipt of specific natural gas services from a Natural Gas Supplier. Types of Solicitation may include, but are not limited to, telephone Solicitation, radio advertisements, print advertisements, home Solicitations, electronic advertisements (i.e. Internet), newspaper advertisements, and written Solicitations.

History

SOURCE: Final Rulemaking published at 65 DCR 9948 (September 28, 2018 – Vol. 1). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 4799

15-49 PUBLIC UTILITY TARIFF FILING REGULATIONS

15 DCMR § 4900 APPLICABILITY

4900.1 Application. This chapter provides rules governing public utility tariff applications and filings in the District of Columbia. This chapter shall not apply to the tariff filings of non-utility energy suppliers and competitive local exchange carriers.

Purpose. These rules provide uniform filing requirements for public utility tariff filings in the District of Columbia.

History

SOURCE: Final Rulemaking published at 72 DCR 008215 (July 25, 2025). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 4900

15 DCMR § 4901 TARIFF APPLICATIONS

4901.1 A tariff application submitted under this Chapter shall include the application and any information supporting the application and shall be filed electronically with the Office of the Commission Secretary.

4901.2 A public utility submitting an application for approval of a new tariff or tariff amendment, except that which is a compliance tariff, must also submit a proposed draft notice of proposed tariff and a proposed draft notice of final tariff for the proposed tariff or tariff amendment. The notice shall include the following details:

(a) A concise summary of the proposed tariff or tariff amendment;

(b) The effective date of the proposed tariff or tariff amendment;

(d) The affected tariff page(s) and amended tariff page(s);

(e) Provide interested persons the opportunity to comment for a period of at least thirty (30) days and include a possible reply comment period, per Commission discretion; and

(f) Any relevant supporting documentation and work papers.

4901.3 The proposed draft notices shall be submitted simultaneously with the proposed tariff or tariff amendment filing.

4901.4 Failure of the applicant to submit the proposed draft notices may result in the delayed review of the proposed tariff or tariff amendment and a delay in the approval process as determined by the Commission.

4901.5 The Commission shall submit the notice of proposed tariff to the District of Columbia Office of Documents within fourteen (14) days of the application filing date to be published in the District of Columbia Register.

4901.6 An application from a utility for authority to issue or amend tariffs shall be approved or denied by the Commission following the expiration of the thirty (30) day comment period of the notice of proposed tariff’s publication date in the District of Columbia Register, provided that: (1) no objection is filed within thirty (30) days after the publication date; and (2) the Commission does not suspend consideration of the tariff or tariff amendment for further review of the application.

4901.7 Any person objecting to the application shall file an objection, in writing, with the Commission within thirty (30) days of the proposed tariff publication date. The objection shall clearly state the reasons for objection to the proposed tariff. A copy of the objection shall be served on the applicant and the Office of the People’s Counsel.

4901.8 Responses to objections shall be filed with the Commission within forty-five (45) days of the publication date of the proposed tariff. A copy of the response shall be served on the objecting party and the Office of the People’s Counsel.

4901.9 If an objection to a proposed tariff is filed, the Commission may grant an objection if it is supported by substantive reasons for denial. The grant of an objection to a tariff application shall be made by Commission order.

4901.10 When no objection to a tariff application is filed, the Commission may on its own initiative determine that additional time is needed to review the tariff application. Such a determination must be made no later than thirty (30) days after the publication date.

4901.11 If the Commission approves an application to issue new or amended tariffs, the approval will become effective upon publication of a notice of final tariff reflecting this approval in the District of Columbia Register.

4901.12 If no objection to a tariff application is filed and if the Commission takes no action on the tariff application within forty (40) days following its filing date with the Commission, then the tariff issuance or amendment is deemed approved. Upon the expiration of this 40-day period, the Commission shall submit a notice of final tariff to the District of Columbia Register, making the tariff application effective.

4901.13 Applications for changes in base rates submitted pursuant to D.C. Code § 34–301 and 15 DCMR § 200 et seq. may not be reviewed under procedures contained in this Chapter.

4901.14 Applications for new or amended services offered by the incumbent local exchange carrier pursuant to the Price Cap Plan approved in Order No. 15071 shall be governed by the procedures in the Price Cap Plan. Applications for amendments to tariffs for services not included in the Price Cap Plan shall be subject to Subsections 4901.1 – 4901.12.

4901.15 Pursuant to D.C. Code § 34–2002, applications filed by competitive local exchange carriers for tariffs relating to tolls, charges, rate structure, terms and conditions of service, rate base, rate of return, operating margin, earnings, or cost of service shall be presumed just and reasonable and deemed approved upon filing with the Commission. However, the Commission reserves the right to review competitive local exchange carrier tariff applications after filing and approval to determine whether the applications pertain to competitive local exchange carrier interconnection, Universal Service Fund subsidies, or quality of service. If the Commission determines that new tariff or tariff amendment application filed by a competitive local exchange carrier pertains to competitive local exchange carrier interconnection, Universal Service Fund subsidies, or quality of service, the Commission may submit the application for publication in the District of Columbia Register, indicating that the application shall be reviewed pursuant to this Chapter.

History

SOURCE: Final Rulemaking published at 72 DCR 008215 (July 25, 2025). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 4901

15 DCMR § 4902 COMPLIANCE TARIFF FILING REQUIREMENTS

4902.1 Compliance filings affecting existing rates shall be filed with the Secretary of the Commission, the Office of the People’s Counsel, and each intervenor.

4902.2 Service on parties shall be on the same day the compliance filing is made with the Commission.

4902.3 The public utility shall file its compliance filing within ten (10) calendar days after issuance of the Commission final rate Order. The filing shall include all worksheets.

4902.4 Parties shall have five (5) calendar days to review and comment on the compliance filing.

4902.5 The Commission shall have ten (10) calendar days after the compliance filing to review the compliance filing and any party comments.

4902.6 In the event of a compliance filing error, the Public Utility shall refile its updated compliance filing together with updated worksheets within ten (10) calendar days after notification of the error.

4902.7 Parties shall have five (5) calendar days to review and comment on the updated compliance filing.

4902.8 The Commission shall have ten (10) calendar days to review the updated compliance filing and any party comments on general base rate cases.

4902.9 The Commission shall have thirty (30) calendar days to review the updated compliance filing and any party comments on multi-year rate plan cases.

4902.10 The rates contained in the compliance filing shall be effective on the eleventh (11th) calendar day after the filing of the compliance filing unless the Commission directs otherwise.

4902.11 The Commission shall not entertain motions for enlargement of time within which to comment on compliance filings except upon a clear showing of extraordinary circumstances.

History

SOURCE: Final Rulemaking published at 72 DCR 008215 (July 25, 2025). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 4902

15 DCMR § 4903 ADDITIONAL PROCEDURES FOR TARIFF ISSUANCE OR AMENDMENT

4903.1 When an application to issue or amend a tariff involves a change in conditions or services such that the applicant is required to notify its ratepayers of the change pursuant to D.C. Code § 34–909, such notice shall be sent no later than the next billing period following the application filing date. The application shall include a statement certifying that this notice was or will be sent by the end of the next billing period following the application filing date, identifying the date(s) the notice was or will be sent.

History

SOURCE: Final Rulemaking published at 72 DCR 008215 (July 25, 2025). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 4903

15 DCMR § 4998 WAIVER

4998.1 The Commission may upon request, or on its own initiative after notice to the parties of its intention to do so, waive any provision of this chapter for good cause.

History

SOURCE: Final Rulemaking published at 72 DCR 008215 (July 25, 2025). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 4998

15 DCMR § 4999 DEFINITIONS

Applicant – means entity regulated by the Commission that applies for authority to issue or amend tariffs pursuant to this Chapter.

Application – means the application for authority to issue or amend tariffs filed pursuant to this Chapter.

Application filing date – means the date upon which an application for review of tariff issuance or amendment or issuance of stock or evidences of indebtedness is filed with the Commission.

Commission – means the Public Service Commission of the District of Columbia.

Competitive local exchange carrier – means a provider of telecommunications service that was not an incumbent local exchange carrier on January 31, 1996, but that is now certificated to provide local exchange service within the District.

Days – means calendar days, unless otherwise indicated in specific sections.

Incumbent local exchange carrier – means, with respect to an area, the local exchange carrier that provided local exchange service in such an area on the date of enactment of the federal Telecommunications Act of 1996 (P.L. 104-104).

Local exchange carrier – means any person or entity that is engaged in the provision of telephone exchange service or exchange access. The term does not include a person or entity insofar as the person or entity is engaged in the provision of commercial mobile service.

Objection – means the written statement filed to oppose the use of this Chapter to review an application.

Party – means an individual, corporation, partnership, or association.

Publication date – means the date the application is published in the District of Columbia Register.

History

SOURCE: Final Rulemaking published at 72 DCR 008215 (July 25, 2025). District of Columbia Municipal Regulations Public Utilities and Cable Television 15 DCMR § 4999