§ 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.