§ 34–1671.14. Market power remediation.

(a) The Commission and the People’s Counsel shall monitor the District of Columbia retail markets for natural gas supply and sales declared by the Commission to be potentially competitive services to ensure that the markets are not being adversely affected by anticompetitive conduct and anticompetitive conditions.

(b)(1) If, as a result of the monitoring efforts required by subsection (a) of this section or as a result of a complaint, the Commission determines that the District of Columbia retail markets for retail natural gas sales are being adversely affected by anticompetitive conduct or anticompetitive conditions, the Commission shall take remedial action to remedy the impact of the anticompetitive conduct or anticompetitive conditions.

(2)(A) If, as a result of the monitoring efforts required by this section, the Commission or the People’s Counsel obtain evidence that the retail markets for natural gas supply or sales declared by the Commission to be competitive services are being adversely affected by anticompetitive conduct or anticompetitive conditions other than the anticompetitive conduct or anticompetitive conditions described in paragraph (1) of this subsection, the Commission or the People’s Counsel shall transmit the evidence to the Attorney General, the Department of Justice, the Federal Trade Commission, and any other appropriate federal agency.

(B) The Commission or the People’s Counsel may request the Attorney General to issue a report to the Council within 6 months of the transmittal of evidence by the Commission or the People’s Counsel under subparagraph (A) of this paragraph, explaining the course of its investigation, the actions that it has taken or plans to take, and the reasons for those actions. The failure of the Attorney General to bring an action within 6 months of the receipt of the transmittal shall not be deemed to eliminate the Attorney General’s otherwise existing authority to act. Any report submitted under this subsection shall not include information that may compromise any investigation.

(c) Nothing in this section shall affect the authority of the Attorney General to investigate or take action against anticompetitive conduct or anticompetitive conditions on its own initiative.