Code of the District of Columbia

§ 34–1313.03. Consideration of applications for a financing order.

(a)(1)(A) The Commission shall publish notice to the public of an application for a financing order before deciding upon the application for a financing order and provide for a period of no less than 60 days after publication of the notice for public comment and 14 days after publication of the notice for filing of motions to intervene.

(B) The electric company shall provide notice of the application as provided in § 34-909, as that section reads as of July 11, 2017, or as amended or superseded.

(2) The District, OPC, and DDOT shall each be a party to the Commission proceeding on the application, as a matter of right.

(3)(A) Any other person desiring to be heard on the application shall file a motion to intervene with the Commission requesting to be made a party to the proceeding.

(B) The applicant and any party to the proceeding may file an answer or oppose the granting of the motion.

(C) The Commission shall, by order, approve or deny the motion at its reasonable discretion.

(b)(1) The Commission shall decide upon an application for a financing order based upon the pleadings in the matter and, if no protest or objection is filed in response to the Commission's public notice of the application, at its discretion, without a hearing.

(2) A formal evidentiary hearing shall be required only if contested issues of material fact are present and those issues cannot be resolved by the Commission based on the pleadings and discovery responses filed, if any, in the matter. Except as provided in paragraph (3) of this subsection, the Commission may approve, approve with condition, modify, or reject the application in whole or in part, as it considers necessary and appropriate.

(3) The Commission may not approve the DDOT Underground Electric Company Infrastructure Improvement Charges unless it shall have also approved the Underground Rider in an amount reasonably expected to generate sufficient revenues to permit the electric company to recover the DDOT Underground Electric Company Infrastructure Improvement Charges.

(c) The Commission is authorized to issue a financing order if the Commission finds that the projected DDOT Underground Electric Company Infrastructure Improvement Costs to be funded by the DDOT Underground Electric Company Infrastructure Improvement Charges are prudent and that the amount of the DDOT Underground Electric Company Infrastructure Improvement Charges is reasonable and that the Underground Rider reasonably can be expected to generate sufficient revenues to permit the electric company to recover the DDOT Underground Electric Company Infrastructure Improvement Charges.

(d)(1) The Commission shall expedite its consideration of applications for financing orders.

(2) The Commission shall issue its decision on the electric company's application no later than 60 days following the closing of the period for public comment upon the application; provided, that if a protest or objection to the application that can be resolved without an evidentiary hearing is timely filed with the Commission, the period for the Commission's decision shall be extended by an additional 15 days; provided further, that the time may be tolled at the Commission's reasonable discretion for periods in which it determines the electric company's application is deficient.

(3) If an evidentiary hearing is required, the Commission shall issue a decision no more than 60 days following the close of the hearing record.

(e)(1) The Commission is authorized to retain the services of a financial advisor to assist it in its consideration of an application for a financing order, and in the formulation and administration of a financing order.

(2) Notwithstanding § 34-912(a)(3), the Commission shall pay the financial advisor amounts due from the Public Service Commission Agency Fund pursuant to § 34-912, with any subsequent amounts due to the financial advisor paid in accordance with this chapter.


(May 3, 2014, D.C. Law 20-102, § 303, 61 DCR 1882; July 11, 2017, D.C. Law 22-5, § 2(d), 64 DCR 4943.)

Emergency Legislation

For temporary (90 days) creation of § 34-1313.03, see § 2(e) of Electric Company Infrastructure Improvement Financing Emergency Amendment Act of 2017 (D.C. Act 22-56, May 17, 2017, 64 DCR 4909).

For temporary (90 days) amendment of this section, see § 2(d) of Electric Company Infrastructure Improvement Financing Emergency Amendment Act of 2017 (D.C. Act 22-56, May 17, 2017, 64 DCR 4909).