Subchapter IV. Commission and OPC Funding; Commission Rules and Regulations.
§ 34–1314.01. Commission and OPC funding.
(a) The costs to be incurred by the Commission and the OPC, respectively, with respect to the implementation, administration, and enforcement of this chapter and any proceedings under this chapter shall constitute expenses that are recoverable from the Public Service Commission Agency Fund and the Office of People’s Counsel Agency Fund, as provided by § 34-912.
(b) For the purpose of funding the participation of OPC in the proceedings provided for by this chapter and in light of the expedited nature of those proceedings, it is necessary to ensure that OPC has available at the commencement of those proceedings the funds necessary for its participation in those proceedings. Therefore, to effect this result, any proceedings for which a commencement date or timeline is specified by this chapter shall be deemed to begin for purposes of § 34-912(a) no less than 60 days before the date specified by this chapter for commencement of the proceedings.
§ 34–1314.02. Commission rules and regulations.
Nothing in this chapter shall be construed to limit the Commission’s authorization under § 34-2802 to adopt rules and regulations consistent with the provisions of this chapter.
§ 34–1314.03. Waiver of certain permitting fees; acceptance of Bonds in lieu of cash deposits.
(a) A public inconvenience fee and steel plate fee shall not apply to Electric Company Infrastructure Improvement Activity or to the gas company for any natural gas infrastructure relocation required under the Underground Infrastructure Improvement Projects Plan for the first 60 days of construction and installation of Electric Company Infrastructure Improvements or any natural gas infrastructure relocation in the applicable portion or segment of the public space or public right-of-way where the Electric Company Infrastructure Improvements are being constructed and installed or the natural gas infrastructure is being relocated.
(b) The electric company may submit a Bond to DDOT in lieu of a cash deposit for any Electric Company Infrastructure Improvement Activity that is subject to a public space permit.
§ 34–1314.04. Gas company recovery of gas plant relocation costs.
(a) The gas company may establish a regulatory asset for the operating and capital-related costs of any gas plant relocation that is necessary for the completion of DDOT Underground Electric Company Infrastructure Improvement Activity incurred by the gas company between base rate cases and that are not recovered by any other means; provided, that:
(1) The gas plant relocation work is pursuant to a written communication from DDOT informing the gas company that the relocation of certain of the gas company’s gas plant is necessary for the completion of DDOT Underground Electric Company Infrastructure Improvement Activity; and
(2) The gas plant relocation work is in addition to work performed and costs incurred by the gas company in the ordinary course of business.
(b) The regulatory asset shall accrue a pre-tax rate of return at the gas company’s authorized rate of return approved by the Commission in the most recent base rate case.
(c) The creation of a regulatory asset for the gas company’s gas plant relocation costs shall not affect the authority of the Commission to review the prudence of costs associated with the relocation of any gas plant due to DDOT Underground Electric Company Infrastructure Improvement Activity. In any Commission proceeding reviewing the gas company’s costs for any gas plant relocation that is necessary for the completion of any DDOT Underground Electric Company Infrastructure Improvement Activity, the gas company shall have the burden to prove that:
(1) The gas plant relocation was necessary for the DDOT Underground Electric Company Infrastructure Improvement Activity to be completed; and
(2) All of the gas plant relocation costs were prudently incurred.
