(a) Within 90 days of the completion of the record on Formal Case 945, the Commission shall issue an order regarding the demand-side management programs proposed by the electric company.
(b) In considering Formal Case 945, the Commission shall seek to approve those programs that:
(1) Can be implemented most quickly;
(2) Take advantage of the electric company’s frequent contact with customers; and
(3) Do not replicate the efforts of sustainable energy programs operated by the DOEE.
(c) The programs that the Commission approves may be funded by the SETF under § 8-1774.10.
(d)(1) Within 30 days after the execution of a contract with the SEU, the electric company shall disclose, or allow access to, the aggregate energy use data for every rate class for electric company customers in the District of Columbia. Customer-specific information, including the customer’s name, account number, service address, phone number, and energy use data, shall not be provided without the customer’s express written consent.
(2) The electric company shall ensure the privacy of any and all customer information, including the electric company customer’s name, account number, service address, billing address, phone number, and energy use data, in making the disclosure. The SEU shall not sell or otherwise disclose any customer or billing information to any third party without express written authorization from the customer.
(3) The electric company shall not be liable for any damages resulting from its provision of customer energy use data to the SEU absent gross negligence. The SEU shall be liable for damages to the customer for any unauthorized use of customer information or data, including the electric company customer’s name, account number, service address, billing address, phone number, and energy use data.
(e) Within one year after October 22, 2008, all energy efficiency and renewable energy programs administered by the electric company and funded by the SETF shall be operated in coordination with the brand managed by the DOEE. To effectuate this mandate, the electric company shall:
(1) Prominently display the name and logo of the brand name on all advertisements of the programs;
(2) Include the website and phone number for the DOEE brand on all advertisements of the programs;
(3) Post a link to the brand website on all company webpages related to energy efficiency and renewable energy; and
(4) Provide timely, accurate, and comprehensive information regarding its programs to the DOEE to permit DOEE to include such information in material provided to the public.
(f)(1) The electric company shall undertake the following actions to provide a building owner with easier and more complete access to energy consumption data needed to promote energy conservation and comply with the benchmarking and reporting requirements in § 6-1451.03(c):
(A) Upon written or secure electronic authorization of a building owner or the owner’s authorized agent, aggregate the energy consumption of all meters identified as being in the building and provide the data, separated by month; provided, that the following conditions are met:
(i) Sufficient information, including building address, meter numbers, or account numbers, is provided to identify the building and meters;
(ii) At least 5 customer accounts are being aggregated, so as to obscure any customer-specific information; and
(iii) No customer account, other than an account registered to the building owner making the request, represents more than 80% of the total energy consumption for the building;
(B) Provide aggregate data for at least 2 years before the initial request and automatically update the monthly data on an ongoing basis at least once every 45 calendar days;
(C) Provide an online portal for a building owner to use to request the provision and transfer of aggregate account data, or individual customer account data the building owner is duly authorized to access, to manage requests made, and to discontinue active requests; and
(D) Upload requested electric consumption data automatically on an ongoing basis, at least once every 45 calendar days, to the requestor’s ENERGY STAR Portfolio Manager account, as well as make the data available for an account holder to download in a common format.
(2) Access to consumption data under this section shall be subject to any rules and regulations the Commission has adopted or may choose to adopt, where the rules do not conflict with this section.
(g)(1) Within 90 days of October 1, 2019, the Commission shall establish a working group, comprising the electric company and gas company, the SEU, and interested public stakeholders, to recommend long-term and annual energy savings metrics, quantitative performance indicators, and cost-effective standards to be adopted by the Commission for electric company or gas company energy efficiency and demand response programs.
(2) In addition to the recommendations required by paragraph (1) of this subsection, the working group shall consider recommendations regarding:
(A) Measures the Commission can take to ensure that any energy efficiency and demand response programs offered by the electric company or gas company do not impede District business or nonprofits currently operating in the District that provide energy efficiency and demand response programs; and
(B) Performance incentive mechanisms that are based on quantitative performance indicators.
(3) The working group shall transmit its recommendations to the Commission within 90 days after its first scheduled meeting.
(4) As of October 1, 2019, the electric company or gas company, after consultation and coordination with the Department of Energy and the Environment and the District SEU and its advisory board, may apply to the Commission to offer energy efficiency and demand reduction programs in the District that the company can demonstrate are not substantially similar to programs offered or in development by the SEU, unless the SEU supports such programs.
(5) An application submitted by the electric company or gas company pursuant to this subsection shall meet the long-term and annual energy savings metrics, which shall primarily benefit low- and moderate-income residential ratepayers to the extent possible, quantitative performance indicators, and cost-effective standards established by the Commission pursuant to paragraph (1) of this subsection.
(6) Consistent with the provisions set forth in § 34-1101, the Commission is authorized to approve an application by the electric company or gas company of energy efficiency and demand reduction program for their respective customers, including a multi-year program and cost recovery mechanisms to provide full and current cost recovery, including mechanisms to provide for a return on investment on capital and related costs, performance incentives, and surcharge mechanisms to be adjusted on at least an annual basis as approved by the Commission; provided, that the Commission finds the proposed program and cost recovery mechanisms as set forth in the application to be in the public interest and consistent with the District's public climate change commitments as determined by the Mayor, unlikely to harm or diminish existing energy efficiency or demand response markets in which District businesses are operating, and consistent with the long-term and annual energy savings metrics, quantitative performance indicators, and cost-effective standards established by the Commission pursuant to paragraph (1) of this subsection.
(7) Nothing in this subsection shall be construed to permit the electric company or the gas company to own an energy generation asset, or to otherwise alter the provisions prohibiting such ownership in Chapter 15 of Title 34.
(h) The electric company and gas company shall file an annual filing with the Commission, including independent third-party evaluation, measurement, and verification of their programs, to demonstrate compliance with:
(1) The energy efficiency and demand reduction program;
(2) Energy savings metrics, quantitative performance indicators, and cost-effective standards; and
(3) Cost recovery mechanisms of the program.
(Oct. 22, 2008, D.C. Law 17-250, § 207, 55 DCR 9225; Dec. 17, 2014, D.C. Law 20-142, § 101(b), 61 DCR 8045; Oct. 8, 2016, D.C. Law 21-160, § 6042(h), 63 DCR 10775; Mar. 22, 2019, D.C. Law 22-257, § 201(b), 66 DCR 1344.)
Effect of Amendments
The 2014 amendment by D.C. Law 20-142 added (f).
Applicability of D.C. Law 22-257: § 601 of D.C. Law 22-257 provided that the change made to this section by § 201(b) of D.C. Law 22-257 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.
For temporary (90 days) repeal of applicability provision of D.C. Law 22-255, see § 7164 of Fiscal Year 2020 Budget Support Congressional Review Emergency Act of 2019 (D.C. Act 23-112, Sept. 4, 2019, 66 DCR 11964).
For temporary (90 day) addition, see § 207 of Clean and Affordable Energy Emergency Act of 2008 (D.C. Act 17-508, September 25, 2008, 55 DCR 10856).