Code of the District of Columbia

Subchapter III. Commission Authorizations.


Part A. Financing Orders.

§ 34–1313.01. Commission authorizations.

(a) The Commission is authorized to issue financing orders upon application by the electric company. The Commission may include its financing order as part of its order issued with respect to a biennial Underground Infrastructure Improvement Projects Plan. All financing orders, among their other provisions, shall:

(1) Describe the DDOT Underground Electric Infrastructure Improvement Activities to be paid through the DDOT Underground Electric Company Infrastructure Improvement Charge for the next 2-year period;

(2)(A) Assess the DDOT Underground Electric Company Infrastructure Improvement Charge on the electric company for the next 2-year period sufficient to fully satisfy the DDOT Underground Electric Company Infrastructure Annual Revenue Requirement to enable DDOT Underground Electric Company Infrastructure Improvement Activity to be undertaken in the next 2-year period plus an amount necessary to recover any DDOT Underground Electric Company Infrastructure Improvement Costs incurred by DDOT but not reimbursed through prior collections of the DDOT Underground Electric Company Infrastructure Improvement Charge; provided, that the DDOT Underground Electric Company Infrastructure Charges approved by the Commission under this chapter shall not exceed $187.5 million in the aggregate; provided further, that any amounts collected with respect to the DDOT Underground Electric Company Infrastructure Improvement Charge and not expended for DDOT Underground Electric Company Infrastructure Improvement Costs as contemplated by this chapter shall be refunded to the electric company and thereafter credited to customers as the Commission may direct; and

(B) By the 10th day of each month during the applicable 2-year period, the electric company shall remit a payment equal to 1/24 of the DDOT Underground Electric Company Infrastructure Improvement Charges approved for the applicable 2-year period pursuant to the financing order to the DDOT Underground Electric Company Infrastructure Improvement Fund established pursuant to § 34-1313.03a;

(3) Assess the Underground Rider for the next 2-year period among the distribution service customer classes of the electric company in accordance with the distribution service customer class cost allocations approved by the Commission for the electric company and in effect pursuant to the electric company's most recently decided base rate case in an amount sufficient for the electric company to recover the DDOT Underground Electric Company Infrastructure Charge; provided, that no such charges shall be assessed against the electric company's residential aid discount customer class or any succeeding customer class approved by the Commission for the purpose of providing economic relief to a specified low-income customer class; provided further, that the Underground Rider shall be billed to customers by the electric company on a volumetric basis;

(4) Describe the true-up mechanism as provided in § 34-1313.12 to reconcile actual collections of the Underground Rider with forecasted collection on at least an annual basis to ensure that the collections of the Underground Rider are adequate for the electric company to recover an amount equal to the aggregate amount of the DDOT Electric Company Infrastructure Improvement Charges;

(5) Prescribe the filing of billing and collection reports relating to the DDOT Underground Electric Company Infrastructure Improvement Charges and the Underground Rider; and

(6) Consistent with this chapter, contain such other findings, determinations, and authorizations as the Commission considers necessary or appropriate.

(b) All financing orders shall be operative and in full force and effect from the time fixed for them to become effective by the Commission.

(c) The financing order shall provide that except to implement any true-up mechanism as required by § 34-1313.12, the Commission may not reduce, impair, postpone, terminate, or otherwise adjust the Underground Rider approved in the financing order unless it has similarly adjusted the DDOT Underground Electric Company Infrastructure Improvement Charges by an equal amount.

(d) The electric company shall have no liability or obligation with respect to the DDOT Underground Electric Company Infrastructure Improvement Charge except for the 2-year period that is the subject of the financing order then in effect.


(May 3, 2014, D.C. Law 20-102, § 301, 61 DCR 1882; July 11, 2017, D.C. Law 22-5, § 2(d), 64 DCR 4943.)

Section References

This section is referenced in § 34-1313.14.

Cross References

As to the applicability of the charges authorized by §§ 34-1313.01 and § 34-1313.10, see § 34-1315.01.

Emergency Legislation

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).


§ 34–1313.02. Application for financing order.

(a) The electric company may include its application for a financing order as part of its application for approval of a biennial Underground Infrastructure Improvement Projects Plan.

(b)(1) Concurrently with each application filed for approval of a biennial Underground Infrastructure Improvement Projects Plan, the electric company shall file for the Commission's consideration and decision an application for a financing order for the 2-year period corresponding to the biennial Underground Infrastructure Improvement Projects Plan.

(2) The financing order application and all subsequent applications by the electric company for a financing order shall contain:

(A) The DDOT Underground Electric Company Infrastructure Improvement Charges for the next 2-year period;

(B) A calculation by the electric company of the Underground Rider by distribution service customer class estimated to be sufficient to generate an amount equal to the DDOT Underground Electric Company Infrastructure Improvement Charges for the next 2-year period; and

(C) A proposed form of public notice of the application suitable for publication by the Commission, which notice may be combined with the form of public notice for the application for approval of the biennial Underground Infrastructure Improvement Projects Plan.


(May 3, 2014, D.C. Law 20-102, § 302, 61 DCR 1882; July 11, 2017, D.C. Law 22-5, § 2(d), 64 DCR 4943.)

Emergency Legislation

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).


§ 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).


§ 34–1313.03a. DDOT Underground Electric Company Infrastructure Improvement Fund.

(a) There is established as a special fund the DDOT Underground Electric Company Infrastructure Improvement Fund ("Fund"), which shall be administered by the Director of DDOT in accordance with subsection (c) of this section.

(b) All payments from the electric company of the DDOT Underground Electric Company Infrastructure Improvement Charges shall be deposited in the Fund.

(c) The Fund shall be used solely to pay for DDOT Underground Electric Company Infrastructure Improvement Costs.

(d) The money deposited into the Fund, and interest earned, shall not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of a fiscal year, or at any other time.

(e) Subject to authorization in an approved budget and financial plan, any funds appropriated in the Fund shall be continually available without regard to fiscal year limitation.


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


§ 34–1313.04. Irrevocability of financing order. [Repealed]

Repealed.


(May 3, 2014, D.C. Law 20-102, § 304, 61 DCR 1882; July 11, 2017, D.C. Law 22-5, § 2(f), 64 DCR 4943.)

Emergency Legislation

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


§ 34–1313.05. Effect of financing order. [Repealed]

Repealed.


(May 3, 2014, D.C. Law 20-102, § 305, 61 DCR 1882; July 11, 2017, D.C. Law 22-5, § 2(f), 64 DCR 4943.)

Emergency Legislation

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


§ 34–1313.06. Limitation on Commission action. [Repealed]

Repealed.


(May 3, 2014, D.C. Law 20-102, § 306, 61 DCR 1882; July 11, 2017, D.C. Law 22-5, § 2(f), 64 DCR 4943.)

Emergency Legislation

For temporary (90 days) creation of § 34-1313.06a, see § 2(g) 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) repeal of this section, see § 2(f) of Electric Company Infrastructure Improvement Financing Emergency Amendment Act of 2017 (D.C. Act 22-56, May 17, 2017, 64 DCR 4909).


§ 34–1313.06a. Commission's authority to terminate.

Notwithstanding any other provision of law, the Commission shall have the authority to terminate any financing order issued in Formal Case No. 1121 before July 11, 2017; provided, that no bonds have been issued pursuant to such financing order.


(May 3, 2014, D.C. Law 20-102, § 306a, 61 DCR 1882; as added July 11, 2017, D.C. Law 22-5, § 2(g), 64 DCR 4943.)


Part B. Selection and Construction of Underground Infrastructure Improvement Projects.

§ 34–1313.07. Underground infrastructure improvement projects plan.

(a) Within 45 days after July 11, 2017, and, except as provided in subsection (d) of this section, every 2 years thereafter, the electric company and DDOT shall jointly file with the Commission and concurrently serve upon OPC an application for approval of their biennial Underground Infrastructure Improvement Projects Plan.

(b) No later than September 30 of each year in which an application for approval of a biennial Underground Infrastructure Improvements Project Plan is not filed, the electric company and DDOT shall file a status report on the completion during the previous year and the scheduled completion during the next year of Electric Company Infrastructure Improvement Activity contained in the current biennial Underground Infrastructure Improvement Projects Plan, or an amendment to an Underground Infrastructure Improvements Project Plan as approved by the Commission pursuant to § 34-1313.10.

(c) As part of the initial application for approval of the biennial Underground Infrastructure Improvement Projects Plan filed pursuant to subsection (a) of this section, the electric company shall request authority to impose and collect specified Underground Project Charges from its electric distribution service customers to recover the Electric Company Infrastructure Improvement Costs associated with the Underground Infrastructure Improvement Projects Plan; provided, that no such charges shall be assessed against customers served under the electric company's residential aid discount or a succeeding discount program.

(d) The Commission, on its own motion or upon motion of the electric company, the District, OPC, or DDOT, or other person made a party pursuant to § 34-1313.03(a)(3), may hold in abeyance or waive the obligation to file an application for approval of a biennial Underground Infrastructure Improvement Projects Plan and an application for a financing order for the corresponding period upon a finding of good cause as necessary or desirable:

(1) To protect public safety;

(2) To avoid or minimize unreasonable project costs;

(3) Because additional DDOT Underground Electric Company Infrastructure Improvement Activity or Electric Company Infrastructure Improvement Activity is unnecessary to meet the purposes of this chapter;

(4) Because the electric company's liability with respect to the DDOT Underground Electric Company Infrastructure Improvement Charges can reasonably be demonstrated to contribute materially to an adverse credit action by a rating agency, including a down grade or placement on credit watch; or

(5) To otherwise promote the public interest.


(May 3, 2014, D.C. Law 20-102, § 307, 61 DCR 1882; July 11, 2017, D.C. Law 22-5, § 2(h), 64 DCR 4943.)

Section References

This section is referenced in § 34-1313.09.

Emergency Legislation

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


§ 34–1313.08. Content of application and plan.

(a) An application to the Commission by the electric company and DDOT for approval of the biennial Underground Infrastructure Improvement Projects Plan shall include:

(1) The ranking reliability performance of individual feeders as follows:

(A) A measurement and ranking of the reliability performance of each of the electric company’s overhead and combined overhead-underground mainline primary and lateral feeders in the District since January 1, 2010 through the most recently completed calendar year, using the primary selection criteria set forth in paragraph (2) of this subsection; and

(B) On the basis of the foregoing rankings, an identification of the electric company’s recommended selection of mainline primary and lateral feeders that will utilize DDOT Underground Electric Company Infrastructure Improvements identified in the plan;

(2) Primary selection criteria as follows: With respect to all sustained interruptions that affect the public welfare (inclusive of major service outages and District major event days) occurring on each overhead and combined overhead-underground mainline primary and lateral feeder circuits in the District since January 1, 2010 through the most recently completed calendar year, averaged using the following data, weighted equally:

(A) Number of outages per feeder;

(B) Duration of the outages occurring on the feeder; and

(C) Customer minutes of interruption per cost of undergrounding on the feeder; and

(3) Additional content to be included in the plan by the electric company or DDOT, as applicable, as follows:

(A) In addition to the measurements, rankings, and selections required by paragraphs (1) and (2) of this subsection, the Underground Infrastructure Improvements Projects Plan shall include for each mainline primary and lateral feeder recommended by the electric company to be placed underground an identification and description of the feeder number and the feeder location (by street address, ward, and neighborhood);

(B) Overhead electrical cables, fuses, switches, transformers, and ancillary equipment, including poles, to be relocated underground or removed;

(C) Overhead primary and lateral feeders that are currently located parallel to the selected primary and lateral feeders that the electric company recommends to be placed underground;

(D) Overhead secondary feeder circuits and ancillary facilities, and telecommunications and cable television cables and ancillary aboveground equipment, including poles, that will not be relocated underground or removed;

(E) Proposed Electric Company Infrastructure Improvements and DDOT Underground Electric Company Infrastructure Improvements funded by the Underground Project Charge and DDOT Underground Electric Company Infrastructure Improvement Charges;

(F) New distribution automation devices and segmentation capability to be obtained thereby;

(G) Interties that will enable the feeder to receive power from multiple directions or sources;

(H) The capability to meet current load and future load projections; and

(I) A status report and an explanation of the reasons why DDOT Underground Electric Company Infrastructure Improvement Activity or Electric Company Infrastructure Improvement Activity associated with projects contained in a biennial Underground Infrastructure Projects Plan previously approved by the Commission have not been completed and the dates upon which the projects are expected to be completed.

(b) Within 90 days after the biennial Underground Infrastructure Improvements Projects Plan is approved by the Commission, the electric company and DDOT shall identify the estimated start date and projected end date for each project approved in the plan. In determining the construction start date and projected end date, the electric company and DDOT shall consider the following secondary criteria:

(1) The ability to coordinate the DDOT Electric Company Infrastructure Improvement Activities with DDOT roadwork and other projects that involve disruption to and subsequent restoration of road surface or that otherwise impede the flow of traffic along the roadway where the undergrounding work is to occur;

(2) The estimated economic value or other benefits to be gained by the electric company’s customers from the projected reductions in outage frequencies and durations when the Electric Company Infrastructure Improvements are completed;

(3) For Electric Company Infrastructure Improvement Activity involving a cross-jurisdictional feeder circuit, a showing of the means by which the electric company has storm-hardened its distribution system or has otherwise improved the resilience of service to its District customers on the cross-jurisdictional feeder with respect to major service outage events occurring outside the District’s boundaries on the portion of the cross-jurisdictional feeder located outside of the District; and

(4) The ability to complete and place in service the feeder circuits to be undergrounded pursuant to the biennial Underground Infrastructure Improvement Projects Plan from funding generated by the DDOT Underground Electric Company Infrastructure Improvement Charges and the Underground Project Charge for the corresponding plan period.

(c) The electric company and DDOT shall include the following information for the biennial Underground Infrastructure Improvements Project Plan in the application:

(1) An itemized estimate of the project plan’s Electric Company Infrastructure Improvement Costs and the proposed Underground Project Charges for the costs that correspond with an itemized list of the Electric Company Infrastructure Investment Activity shown;

(2) An itemized estimate of the DDOT Underground Electric Company Infrastructure Improvement Costs that correspond with an itemized list of the DDOT Underground Electric Company Infrastructure Improvement Activity;

(3) An assessment of potential obstacles to the timely completion of a project, including, but not limited to, the need to obtain environmental or other permits or private easements, the existence of historically sensitive sites, required tree removal, and significant traffic disruptions;

(4) A description of the efforts taken to identify District residents to be employed by the electric company and DDOT contractors during the construction of the DDOT Underground Electric Company Infrastructure Improvements and the Electric Company Infrastructure Improvements contained in the biennial Underground Infrastructure Improvement Projects Plan;

(5) An explanation of the availability of alternate funding sources, if any, for relocation of the overhead equipment and ancillary facilities that will utilize DDOT Underground Electric Company Infrastructure Improvements, such as contributions in aid of construction, the grant of federal highway or economic development funds, and other sources;

(6)(A) An exhibit setting forth the proposed Underground Project Charges, work papers calculating the derivation of these charges, the proposed allocation of billing responsibility among the electric company’s distribution service customer classes for the Underground Project Charges, and a worksheet depicting the:

(i) Projected total expenses;

(ii) Capital costs;

(iii) Depreciation expenses;

(iv) Annual revenue requirement, including the rate of return on equity, as set by the Commission in the most recently decided base rate case; and

(v) Allocation of billing responsibility utilized in these calculations.

(B) This exhibit shall include the proposed accounting treatment for the costs to be recovered through these charges, which shall provide that no costs recovered through Underground Project Charges shall also be afforded rate base or other treatment that would incorporate recovery of Underground Project Charges into the design of the electric company’s base tariff rates until such time as the electric company shall request the transfer of these costs into rate base and the discontinuance of the costs being recovered in the Underground Project Charge;

(7) Other information the electric company or DDOT considers material to the Commission’s consideration of the application;

(8) Identification and contact information of one or more individuals who may be contacted by the Commission with formal or informal requests for clarification of any material set forth in the application or requests for additional information;

(9) A proposed form of public notice of the application suitable for publication by the Commission; and

(10) A protocol to be followed by the electric company and DDOT to provide notice and to coordinate engineering, design, and construction work performed pursuant to this chapter with the gas company, water utility, and other utilities that own or plan to construct, as approved by the Commission where applicable, facilities that may be affected by DDOT Underground Electric Company Infrastructure Improvement Activity or Electric Company Infrastructure Improvement Activity.

(d) Notwithstanding the primary selection criteria set forth in subsection (a) of this section, the Commission may, on its own motion or upon request by the electric company, OPC, or any other party, waive the application of these criteria as to the selection of a particular mainline primary and lateral feeder when to do so is required to relieve an emergency or to correct or forestall a gross inequity or disparity in the impacts associated with past, current, or anticipated electric distribution service outages or when actual field conditions or coordination with other projects or such other considerations as the Commission may find reasonably justifies modification of the selection criteria.

(e) Notwithstanding the foregoing, nothing in this section shall require the electric company to obtain Commission authorization to construct and operate a new underground electric plant or impair the Commission’s authority to determine just and reasonable rates with respect to the electric company’s recovery of costs associated with the construction and operation of the underground electric plant, including capital costs, when such costs are to be recovered through rates, as approved by the Commission pursuant to § 34-901 and not through the DDOT Underground Electric Utility Infrastructure Improvement Charges or Underground Project Charges.


(May 3, 2014, D.C. Law 20-102, § 308, 61 DCR 1882; July 11, 2017, D.C. Law 22-5, § 2(i), 64 DCR 4943.)

Section References

This section is referenced in § 34-1313.10, § 34-1313.12, § 34-1313.13, and § 34-1313.19.

Emergency Legislation

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


§ 34–1313.09. Consideration of triennial Underground Infrastructure Improvement Projects Plan.

(a)(1) Before deciding upon an application for an order approving the biennial Underground Infrastructure Improvement Projects Plan, the Commission shall first publish notice to the public of the application 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. The electric company shall provide notice of the application as provided in § 34-909, as this section reads as of May 3, 2014, or as amended or superseded.

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

(3) 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. The applicant and any party to the proceeding may file an answer to support or oppose the granting of the motion. The Commission shall, by order, approve or deny the motion at its reasonable discretion.

(b)(1) Within 30 days of May 3, 2014, the Commission shall issue an order establishing an expedited discovery schedule that shall be used in all proceedings commenced following the filing of an application for approval of a biennial Underground Infrastructure Improvement Projects Plan pursuant to § 34-1313.07. The period for discovery shall commence on the date that the application is filed with the Commission and shall continue for 60 days; provided, that the Commission, in its discretion, may toll the time for periods if it determines that a party has not complied with the discovery rules established pursuant to this section. Any Commission order extending the 60-day discovery period shall also provide for an extension of equal length to the deadline for public comments on the application. The discovery process established by the Commission pursuant to this section shall provide for submission of information requests and reasonable periods for responses on shortened timelines consistent with the 60-day discovery period and the use of all reasonable procedures for expediting the discovery process, such as discovery conferences.

(2) The discovery process shall:

(A) Permit parties to such proceedings to inspect all the relevant data, documents, studies, analyses, and work papers that form the basis of the biennial Underground Infrastructure Improvement Projects Plan and any revenue requirements or charges provided therein; and

(B) Afford the parties the rights provided under Chapter 1 of Title 15 of the District of Columbia Municipal Regulations.

(c)(1) The Commission shall decide upon an application for an order approving a biennial Underground Infrastructure Improvement Projects Plan 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 if contested issues of material fact are present and those issues cannot be resolved by the Commission on the basis of the pleadings and discovery responses filed, if any, in the record of the matter.

(3) The Commission shall, in addition to any other hearing or procedures, convene a public community hearing to receive the testimony and comments of the public. In its decision, the Commission may approve, approve with conditions, or reject the application, in whole or in part, as it considers necessary and appropriate.

(d) The Commission shall expedite its consideration of an application seeking an order approving a biennial Underground Infrastructure Improvement Projects Plan. The Commission shall issue its decision on the application no later than 45 days following the deadline for public comment on the application; provided, that if a protest or objection to the application is timely filed with the Commission and can be resolved without an evidentiary hearing, this period for the Commission’s decision is extended by an additional 15 days. The computation of this time may be tolled, at the Commission’s discretion, for periods in which it determines the electric company and DDOT’s joint application is deficient. If an evidentiary hearing is required, the hearing shall, in the Commission’s discretion and based upon the Commission’s evaluation of all relevant factors, commence on the date set by the Commission and be concluded within 45 days of the close of discovery and the Commission shall issue a decision no more than 60 days of the close of the hearing record.


(May 3, 2014, D.C. Law 20-102, § 309, 61 DCR 1882; July 11, 2017, D.C. Law 22-5, § 2(j), 64 DCR 4943.)

Emergency Legislation

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


§ 34–1313.10. Commission order.

(a) Upon making the findings described in subsection (b) of this section, the Commission shall issue an order approving or denying the application and biennial Underground Infrastructure Improvement Projects Plan to authorize the proposed DDOT Underground Electric Company Infrastructure Improvement Activity, Electric Company Infrastructure Activity, and the subsequent imposition of Underground Project Charges. The Commission shall have the authority to impose in its order and to condition the electric company’s exercise of the rights granted therein on such reasonable terms and conditions as it determines necessary to further the purposes of this chapter. If the Commission denies all or part of a biennial Underground Infrastructure Improvement Project Plan or related cost recovery, the electric company shall be allowed to recover all prudent and reasonable expenses and costs associated with the development of the Underground Infrastructure Improvement Projects Plan, including preliminary engineering design work required to fulfill the requirements of the application in its Underground Project Charge.

(b) For the electric company to recover expenses and costs pursuant to subsection (a) of this section, the Commission shall find that:

(1) The electric company’s application satisfies the applicable requirements of § 34-1313.08;

(2) The proposed Electric Company Underground Infrastructure Improvements are appropriately designed and located;

(3) The intended reliability improvements will accrue to the benefit of the electric company’s customers;

(4) The projected costs associated with the proposed Electric Company Underground Infrastructure Improvement Activity are prudent;

(5) The projected DDOT Underground Electric Company Infrastructure Improvement Costs funded by DDOT Underground Electric Company Infrastructure Improvement Charges are prudent;

(6) The electric company’s proposed Underground Project Charges will be just and reasonable; and

(7) The grant of the authorizations and approvals sought by the electric company and DDOT in their joint application is otherwise in the public interest.

(c) In addition to other terms and conditions considered necessary and appropriate by the Commission, the Commission’s order shall include:

(1) Authorization for the electric company to impose and collect the Underground Project Charges from its distribution service customers in the District in accordance with the distribution service customer class cost allocations approved by the Commission for the electric company and in the electric company’s most recent base rate case; provided, that no such charges shall be assessed against customers served under the electric company’s residential aid discount or a succeeding discount program;

(2) Authorization for the electric company to bill the Underground Project Charges to distribution service customers as a volumetric surcharge; provided, that no such charges shall be assessed against customers served under the electric company's residential aid discount or a succeeding discount program;

(3) Approval of the annual revenue requirement, which shall include the rate of return on equity as set by the Commission in the most recently decided base rate case used in calculating the Underground Project Charges; and

(4) A description of the frequency of project construction update reports for the DDOT Underground Electric Company Infrastructure Improvements funded by DDOT Underground Electric Company Infrastructure Improvement Charges and the Electric Company Infrastructure Improvements as set forth in the triennial Underground Infrastructure Improvement Projects Plan, as approved by the Commission, to be filed by DDOT and the electric company with the Commission and with a copy concurrently served upon OPC.

(d) Notwithstanding the foregoing, the Commission shall have no authority to issue any order that would cause the total amount of Electric Company Infrastructure Improvements Costs recovered through Underground Project Charges to exceed $250 million; provided, that this limit shall not apply to the recovery of the electric company’s rate of return, as approved by the Commission in the most recently decided base rate case, included in the calculation of the Underground Project Charges. The electric company shall have no obligation to incur Electric Company Infrastructure Improvement Costs in excess of the aggregate amount approved for current recovery through the Underground Project Charge pursuant to one or more final orders of the Commission.


(May 3, 2014, D.C. Law 20-102, § 310, 61 DCR 1882; July 11, 2017, D.C. Law 22-5, § 2(k), 64 DCR 4943.)

Section References

This section is referenced in § 34-1313.07, § 34-1313.12, and § 34-1313.15.

Cross References

As to the applicability of the charges authorized by §§ 34-1313.01 and § 34-1313.10, see § 34-1315.01.

Emergency Legislation

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


§ 34–1313.11. Use of DDOT Underground Electric Company Infrastructure Improvements.

(a) Upon completion of construction by DDOT and acceptance by the electric company, the District shall transfer legal title to the DDOT Underground Electric Company Infrastructure Improvements to the electric company for the sum of one dollar.

(b) DDOT Underground Electric Company Infrastructure Improvements shall be for exclusive use by the electric company. The electric company shall not earn a return on or of investment with respect to the DDOT Underground Electric Company Infrastructure Improvements transferred to the electric company as provided in this section. Taxes and fees, if any, on the transfer shall be recoverable by the electric company in rates as approved by the Commission.

(c) The transfer of real and personal property between the electric company and the District, including DDOT or any other District agency or instrumentality, pursuant to subsection (a) of this section or which is included in, or forms a part of, the DDOT Underground Electric Company Infrastructure Improvements shall be exempt from all taxes imposed by the District that relate to the transfer of real or personal property, including, as any may be amended from time to time, the:

(1) Transfer tax imposed under § 47-903;

(2) Recordation tax imposed under § 42-1103;

(3) Sales tax imposed under § 47-2002; and

(4) Use tax imposed under § 47-2202.


(May 3, 2014, D.C. Law 20-102, § 311, 61 DCR 1882; July 11, 2017, D.C. Law 22-5, § 2(l), 64 DCR 4943.)

Emergency Legislation

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


§ 34–1313.12. Content of an application to amend an Underground Infrastructure Improvement Projects Plan and financing order.

(a) An application to the Commission by the electric company or DDOT to amend an existing Underground Infrastructure Improvement Projects Plan, approved by the Commission pursuant to § 34-1313.10, shall describe the purpose to be accomplished by the proposed amendment, the financial impacts, if any, to the electric company’s customers that are likely to result from the amendment, if approved, and include each item set forth in § 34-1313.08; provided, that for good cause shown in its application, the electric company may omit the material required in one more of the items listed in § 34-1313.08.

(b) In addition to the requirements of subsection (a) of this section, an application to amend an existing Underground Infrastructure Improvement Projects Plan shall request any amendment to the Commission's financing order for the corresponding period such that the work, surcharges and riders, and other contents of the financing order, as amended, are coordinated with the Underground Infrastructure Improvement Projects Plan, as amended.


(May 3, 2014, D.C. Law 20-102, § 312, 61 DCR 1882; July 11, 2017, D.C. Law 22-5, § 2(m), 64 DCR 4943.)

Emergency Legislation

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


§ 34–1313.13. Application to amend order authorizing Underground Project Charges, financing order.

An application to amend an existing Commission order authorizing the electric company to impose and collect Underground Project Charges shall describe the purpose to be accomplished by the proposed amendment, the financial impacts, if any, to the electric company’s customers that are likely to result from the amendment, if approved, and shall include each item set forth in § 34-1313.08(c) and, with respect to the financing order for the corresponding period, shall include the information required pursuant to § 34-1313.02. The application to amend shall apply only to future Underground Project Charges and the future Underground Rider. Any approval of an application to amend shall allow for recovery by the electric company through: (1) Underground Project Charges of any prudent and reasonable expenses or costs for any project previously approved by the Commission; and (2) The Underground Rider, any amounts paid with respect to DDOT Underground Electric Company Infrastructure Improvement Charges.


(May 3, 2014, D.C. Law 20-102, § 313, 61 DCR 1882; July 11, 2017, D.C. Law 22-5, § 2(n), 64 DCR 4943.)

Emergency Legislation

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


§ 34–1313.14. Approval of schedule provisions applying the true-up mechanism to the Underground Rider.

(a) The electric company shall not file a request for approval of a schedule applying the true-up mechanism to the Underground Rider with the Commission more frequently than twice per year.

(b) A request for approval of a schedule filed pursuant to this section shall include, at a minimum, a narrative description of the proposed adjustments, a proposed form of public notice of the request suitable for publication by the Commission and the following exhibits, as applicable:

(1) A showing that the allocation of the Underground Rider among the electric company’s distribution service customer classes conforms to the distribution service customer class cost allocations approved by the Commission in the electric company’s most recent base rate case; provided, that no such charges shall be assessed against customers served under the electric company’s residential aid discount or a succeeding discount program;

(2) Billing and collection data that show the proposed adjustment is expected to generate payments that will permit the electric company to recover an amount equal to the aggregate amount of the DDOT Underground Electric Company Infrastructure Improvement Charges adjusted for any over-collection or under-collection through the prior year under the Underground Rider;

(3) A showing that the proposed adjustment is expected to result in neither a net over-collection nor under-collection by the electric company of an amount equal to the aggregate of the DDOT Underground Electric Company Infrastructure Improvement Charges through the Underground Rider; and

(4) Accounting work papers showing the electric company’s prior year’s receipts of the Underground Rider and payment of the DDOT Underground Electric Company Infrastructure Improvement Charges.

(c) The Commission’s review of a request for approval of a schedule filed pursuant to subsection (a) of this section shall be limited to a determination of whether there is any mathematical error in the application of the true-up mechanism to the Underground Rider.

(d) Any interested party may file comments with the Commission with respect to the mathematical accuracy of the electric company’s calculations in the application of the true-up mechanism within 10 days of the filing of the electric company’s request for approval of a schedule applying the true-up mechanism to the Underground Rider. The Commission shall act upon a request for approval of a schedule filed pursuant to subsection (a) of this section within 20 days of the end of the comment period. If the Commission does not act within this 20-day period to correct any mathematical error, the request for approval of a schedule filed pursuant to subsection (a) of this section shall be deemed approved. The Underground Rider set forth in the schedule shall take effect, subject to refund and adjustment, on the date the schedule is filed with the Commission.

(e) Notwithstanding any other provision of this chapter, if the electric company has not recovered the full amount of the aggregate DDOT Underground Electric Company Infrastructure Improvement Charges that it has paid, the Underground Rider shall continue to be collected until the electric company has recovered the full amount even if there is no current biennial Underground Infrastructure Improvement Projects Plan in effect.

(f)(1) In conducting the true-up, the recovery for the under-collection of the DDOT Underground Electric Company Infrastructure Improvement Charges through the Underground Rider shall be allocated to each customer class in the proportion to which the customer class contributed to the under-collection of the DDOT Underground Electric Company Infrastructure Improvement Charges.

(2) Nothing in the operation of the true-up shall be deemed to violate the requirement of this chapter that the Underground Rider be non-bypassable.


(May 3, 2014, D.C. Law 20-102, § 314, 61 DCR 1882; July 11, 2017, D.C. Law 22-5, § 2(o), 64 DCR 4943.)

Section References

This section is referenced in § 34-1313.01.

Emergency Legislation

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


§ 34–1313.15. Application for approval of annual adjustment of Underground Project Charges.

(a) No later than April 1 of each year following issuance of an order authorizing the imposition and collection of Underground Project Charges and for as long as such order remains in effect, the electric company shall file with the Commission an application for approval of the electric company’s proposed adjustment to set the Underground Project Charges until the next proposed adjustment is approved by the Commission; except, that the Commission may approve any such adjustment sooner in an order approving a biennial Underground Infrastructure Improvement Projects Plan.

(b) Concurrent with filing an application for approval of an annual adjustment that would adjust the level and, if applicable, the allocation between distribution service customer classes of the Underground Project Charges, the electric company shall provide notice of the application, in the manner provided in § 34-909.

(c) An application filed pursuant to this section shall include, at a minimum, a narrative description of the proposed adjustments, a proposed form of public notice of the application suitable for publication by the Commission and, as applicable:

(1) A description of the Electric Company Infrastructure Improvement Activity initiated or completed during the previous calendar year, the costs of which are to be recovered through the Underground Project Charges as approved by a Commission order issued pursuant to § 34-1313.10;

(2) The estimated cost of the Electric Company Infrastructure Improvement Activity;

(3) A calculation or re-calculation of the electric company’s annual revenue requirement to take into account the effects of accumulated depreciation and changes as to any cost component due to the adoption of new base tariff rates in the prior calendar year as well as any actual or estimated under-collection or over-collection;

(4) A demonstration that the Underground Project Charges, authorized pursuant to § 34-1313.10, are calculated to meet the electric company’s annual revenue requirement for Electric Company Infrastructure Improvement Costs;

(5) A demonstration that the allocation of Underground Project Charges among the electric company’s distribution service customer classes conforms to the distribution service customer class cost allocations approved by the Commission for the electric company and in the electric company’s most recent base rate case; provided, that no such charges shall be assessed against customers served under the electric company’s residential aid discount or a succeeding discount program;

(6) The period of time over which the Underground Project Charges are to be collected; and

(7) Accounting work papers showing the electric company’s prior year’s receipts and disbursements of Underground Project Charges.

(d)(1) Protests may be filed in opposition to the electric company’s application to adjust the Underground Project Charges within 10 days of the publication of the public notice; provided, that protests shall be limited to the proposed adjusted Underground Project Charge and materials submitted in support thereof, and whether the proposed adjustment is consistent with the underlying order authorizing the imposition and collection of the Underground Project Charge, as most recently approved by the Commission. Protests shall not challenge the scope and composition of the Electric Company Infrastructure Improvement Activity unless, and only to the extent that, changes in the scope and composition of the Electric Company Infrastructure Improvement Activity are proposed in the application to adjust the Underground Project Charges submitted pursuant to this section.

(2) If a timely protest is filed objecting to the proposed adjustment of the Underground Project Charges, the Commission shall rule upon the protest no later than 20 days from the date of the publication of the public notice.

(e) The proposed adjusted Underground Project Charges shall take effect, subject to refund and adjustment, on the date of filing with the Commission. If no objection is timely filed, or having been timely filed, is denied by the Commission, the proposed charges shall become final and no longer subject to refund or adjustment on the date of a final decision as set forth in subsection (f) of this section, unless the Commission rules otherwise before such date.

(f)(1) The Commission shall decide an uncontested annual adjustment application within 45 days from the date filed. If a protest is filed, the time for the Commission’s decision is extended by 30 days.

(2) The Commission’s decision in an annual adjustment proceeding shall not re-open or amend, modify, or otherwise alter a previously issued order authorizing the imposition and collection of Underground Project Charges or amendments thereto.


(May 3, 2014, D.C. Law 20-102, § 315, 61 DCR 1882; July 11, 2017, D.C. Law 22-5, § 2(p), 64 DCR 4943.)

Emergency Legislation

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


Part C. Expedition; Reconsideration; Judicial Review; Review and Analysis.

§ 34–1313.16. Expedition.

The Commission shall expedite its consideration of applications pursuant to §§ 34-1313.12 and 34-1313.13. In proceedings to consider the applications, the Commission’s decision shall be issued no later than 120 days of the close of the period for public comment upon the application; provided, that if a protest or objection to the application is timely filed with the Commission, the period for the Commission’s decision is extended by 45 days. When calculating the time required to issue its decision, the Commission may omit any time interval for which it has determined the application to be deficient and in which a formal request for material to cure that deficiency was pending.


(May 3, 2014, D.C. Law 20-102, § 316, 61 DCR 1882.)


§ 34–1313.17. Reconsideration of Commission orders.

Within 120 days of May 3, 2014, the Commission shall amend its rules of practice and procedure to establish rules to expedite the reconsideration of any Commission order that will be issued to decide a matter put before it pursuant to subchapter III of this chapter.


(May 3, 2014, D.C. Law 20-102, § 317, 61 DCR 1882.)


§ 34–1313.18. Judicial review of Commission orders.

A financing order, an order approving an Underground Infrastructure Improvement Projects Plan, an order amending an Underground Infrastructure Improvement Projects Plan, or an order approving an annual adjustment to the Underground Project Charges are each a final order of the Commission. Any party aggrieved by the issuance of any such Commission order may apply to the Commission for reconsideration of the order in accordance with § 34-604 and, thereafter, appeal to the District of Columbia Court of Appeals in accordance with §§ 34-605 through 34-609. The Court of Appeals shall proceed to hear and determine the appeal as expeditiously as practicable and give the appeal precedence over other matters not accorded similar precedence by law.


(May 3, 2014, D.C. Law 20-102, § 318, 61 DCR 1882.)


§ 34–1313.19. Review and analysis.

(a)(1) By December 31, 2022, the Mayor, the Commission, the OPC, and the electric company shall issue a jointly written report to the Council that:

(A) Evaluates the effectiveness of the DDOT Underground Electric Company Infrastructure Improvement Activity and the Electric Company Infrastructure Improvement Activity in improving the reliability of electric power distribution service and reducing the frequency of electric power outages;

(B) Evaluates the impact of the DDOT Underground Electric Company Infrastructure Improvement Activity and the Electric Company Infrastructure Improvement Activity on tree canopy;

(C) Evaluates the impact of the Underground Rider and the Underground Project Charges on the electric company’s residential customers, weighing the cost implications of the Underground Rider and the Underground Project Charge compared to the savings to the customers from improved reliability and the cost reductions from reducing overhead line maintenance and vegetation management;

(C-i) Evaluates whether the impact of the DDOT Underground Electric Company Infrastructure Improvement Activity and the Electric Company Infrastructure Improvement Activity otherwise is in the public interest; and

(D) Provides recommendations regarding whether the Council should:

(i) Repealed.

(ii) Adjust the limit of the electric company's investment to be recovered through the Underground Project Charges as set forth in § 34-1313.10(d);

(ii-I) Adjust the limit of the DDOT Underground Electric Company Infrastructure Charges as set forth in § 34-1313.01(a)(2); or

(iii) Expand the undergrounding of feeders to include all or a portion of the remaining overhead mainline primary and lateral feeders or other alternatives such as to begin full undergrounding of feeders pursuant to amended selection criteria, relative to the primary and secondary selection criteria set forth in § 34-1313.08.

(2) Repealed.

(3) The report required by paragraph (1) of this subsection shall include any separate statements of the Mayor, Commission, OPC, or the electric company that the Mayor, Commission, OPC, or the electric company requests be included in the report.

(b) The Council shall conduct a public hearing in each quadrant of the District regarding the report, findings, and recommendations that were filed pursuant to subsection (a) of this section within 90 days of the filing of the report.


(May 3, 2014, D.C. Law 20-102, § 319, 61 DCR 1882; July 11, 2017, D.C. Law 22-5, § 2(q), 64 DCR 4943.)

Emergency Legislation

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