Chapter 8. Public Service Commission; Members; Counsel; Employees.
§ 34–801. Members; eligibility; oath.
(a) The Public Service Commission of the District of Columbia shall be composed of 3 commissioners appointed by the Mayor by and with the advice and consent of the Council, except that the members (other than the Mayor of the District of Columbia) serving as commissioners of such Commission on January 1, 1975, by virtue of their appointment by the President, by and with the advice and consent of the Senate, shall continue to serve until the expiration of the terms for which they were so appointed. One of the 3 commissioners shall be designated as Chairperson of the Commission by the Mayor of the District of Columbia, with the advice and consent of the Council. Such designation shall continue for the length of the appointee’s unexpired term or until otherwise terminated by the Mayor. The members first appointed by the Mayor, by and with the advice and consent of the Council, on or after January 2, 1975, shall serve until June 30, 1978. The Mayor may remove any commissioner for neglect of duty or misconduct in office. When the Mayor determines that any member has engaged in any neglect of duty or misconduct in office, he or she shall notify such member, in writing, of the charge against him or her and that such member has 10 days within which to request a hearing before the Council on such charge. If such member fails to request a hearing within 10 days after receiving such notice, then the Mayor may remove such member and appoint a new member. The hearing requested by a member may be either open or closed, as requested by such member. In the event such hearing is closed, the vote of the Council as a result of such hearing shall be taken at an open meeting of the Council. The Council shall begin such hearings within 60 calendar days after receiving notice from the Mayor indicating that a member has requested such a hearing. If two-thirds of the Council members vote to remove such member, then such member shall be removed. The Mayor may appoint a new member to serve until the expiration of the term of the member removed or for a new 4-year term. The Chairperson of the Commission shall serve as the chief administrative officer of the Commission. The terms of office for all successors shall be 4 years after being confirmed by the Council or the duration of the predecessor’s term at the discretion of the Mayor. No commissioner shall, during his term of office, hold any other public office. The Commissioners shall receive a salary equivalent to 5% less than the maximum rate for Level II of the Senior Executive Attorney Service, pursuant to § 1-608.53 and § 1-608.58. The Chairperson shall receive a salary equivalent to the maximum rate for Level II of the Senior Executive Attorney Service, pursuant to § 1-608.53 and § 1-608.58. The Chairperson and Commissioners shall receive cost-of-living adjustments and other base salary increases equivalent to those received by an employee compensated pursuant to subchapter VIII of Chapter 6 of Title 1 [§ 1-608.01 et seq.]. The Mayor shall furnish the Public Service Commission with suitable offices and quarters. No person shall be eligible to the office of commissioner of the Public Service Commission of the District of Columbia who has not been a bona fide resident of the District of Columbia for a period of at least 3 years next preceding his appointment or who has voted or claimed residence elsewhere during such period. No person shall be eligible to the office of commissioner of the Public Service Commission who is, or who shall have been during a period of one year preceding his appointment, directly or indirectly interested in any public utility or other entity appearing before the Commission or in any stock, bond, mortgage, security, or contract of any public utility or entity, except for stocks that are part of a publicly listed mutual fund other than a utility-focused mutual fund. A person shall not be eligible for appointment as a commissioner if the person, at any time during the 5 years preceding appointment, personally served as an officer, director, owner, manager, partner, or legal representative of a public utility, affiliate, or direct competitor of a public utility. If any such commissioner shall voluntarily become so interested, his office shall ipso facto become vacant; and if any such commissioner shall become so interested otherwise than voluntarily he shall, within a reasonable time, divest himself of such interest, and if he fails to do so his office shall become vacant. Before entering upon the duties of his office each commissioner, the secretary of the Commission, the counsel of the Commission and every employee of said Commission shall take and subscribe the constitutional oath of office, and shall in addition thereto make oath or affirmation before and file with the clerk of the Superior Court of the District of Columbia that he is not pecuniarily interested, voluntarily or involuntarily, directly or indirectly, in any public utility in the District of Columbia.
(b)(1)(A) Notwithstanding the provisions of Unit A of Chapter 14 of Title 2, the Commission shall use a ranking system based on a scale of 100 points for all employment decisions for positions within the Commission.
(B) An individual who is a District resident at the time of application shall be awarded a 10-point hiring preference over a nonresident applicant; provided, that the individual claims the preference. This 10-point preference shall be in addition to any points awarded on the 100-point scale.
(C) At the time of appointment, an individual who claimed the 10-point residency preference shall agree, in writing, to maintain District residency for a period of 7 consecutive years from the effective date of appointment into the position for which the individual claimed the residency preference.
(D) An individual who claimed the residency preference and who fails to maintain District residency for 7 consecutive years from the individual's effective date of appointment shall forfeit the individual's District government employment.
(E) Each applicant for a position covered by this subparagraph shall be informed in writing of the provisions of this subparagraph at the time of application.
(2) The Commission shall verify and enforce District residency requirements pursuant to § 1-515.04.
(3) By November 1 of each year and pursuant to § 1-515.06, the Commission shall submit to the Mayor an annual report detailing, for the previous fiscal year, compliance with residency requirements.
§ 34–802. Quorum; investigations; rules and regulations.
A majority of the commissioners shall constitute a quorum to do business, and any vacancy shall not impair the right of the remaining commissioners to exercise all the powers of the Commission. Any investigation, inquiry, or hearing within the powers of the Commission may be made or held by any commissioner, whose acts and orders, when approved by the Commission, shall be deemed to be the order of the Commission. The Commission shall have power to adopt and publish rules and regulations for the administration of the provisions of this subtitle, including the conduct of its investigations, inquiries, hearings, and other proceedings.
§ 34–803. Office of the General Counsel.
There is established within the Public Service Commission an Office of the General Counsel. The head of such Office shall be the General Counsel, who shall be appointed by and serve at the pleasure of the Commission. The Commission may, upon the recommendation of the General Counsel and within the limits of appropriations therefor, employ and fix the compensation of such other employees, including attorneys, in accordance with the provisions of subchapters VIII and IX of Chapter 6 of Title 1, as may be necessary to assist the General Counsel in carrying out his duties under this section. The duty of the General Counsel shall be, and he is authorized, to represent and appear for the Commission in all actions and proceedings under this section, or under or in reference to any act, order, or proceeding of the Commission, and, if directed to do so by the Commission, to intervene, if possible, in any action or proceeding in which any such question is involved; to commence and prosecute all actions and proceedings directed or authorized by the Commission, and to expedite, in every way possible, final and just determination of all such actions and proceedings; to advise the Commission and each commissioner, when so requested, in regard to all matters in connection with the powers and duties of the Commission and of the members thereof, and generally to perform all duties and services as attorney and counsel which the Commission may reasonably require. The Commission may enforce its orders to any case by legal or equitable remedy in any court of competent jurisdiction, and it shall be the duty of the General Counsel to represent the Commission in every such proceeding. Notwithstanding the foregoing, it shall not be the duty of the General Counsel, nor is he authorized, to prosecute any criminal case for the imposition of any penalty or punishment provided for in this section.
§ 34–804. People’s Counsel — Appointment, compensation, qualifications; personnel; duties.
(a) There is hereby established within the Public Service Commission of the District of Columbia, established by § 34-801, an office to be known as the “Office of the People’s Counsel.” The Office shall be a party, as of right, in any investigation, valuation, revaluation, or proceeding of any nature by the Public Service Commission of or concerning any public utility operating in the District of Columbia.
(b) There shall be at the head of such Office the People’s Counsel who shall be appointed by the Mayor of the District of Columbia, by and with the advice and consent of the Council of the District of Columbia, and who shall serve for a term of 4 years. The People’s Counsel shall be entitled to receive compensation at the maximum rate for Level II of the Senior Executive Attorney Service, pursuant to §§ 1-608.53 and 1-608.58. No person shall be appointed to the position of People’s Counsel unless that person is admitted to practice before the District of Columbia Court of Appeals. Before entering upon the duties of such office, the People’s Counsel shall take and subscribe the same oaths as that required by the commissioners of the Commission, including an oath or affirmation before the Clerk of the Superior Court of the District of Columbia that he is not pecuniarily interested, voluntarily or involuntarily, directly or indirectly, in any public utility in the District of Columbia. The People’s Counsel shall be a District resident throughout his or her term and failure to maintain District residency shall result in a forfeiture of the position.
(c) The People’s Counsel is authorized to employ or to retain and fix the compensation of employees or independent contractors, including attorneys, necessary to perform the functions vested in the People’s Counsel by this section, § 34-2202.05a, and § 34-912 and prescribe their authority and duties.
(c-1)(1)(A) Notwithstanding the provisions of Unit A of Chapter 14 of Title 2, the People's Counsel shall use a ranking system based on a scale of 100 points for all employment decisions for positions within the Office of the People's Counsel.
(B) An individual who is a District resident at the time of application shall be awarded a 10-point hiring preference over a nonresident applicant; provided, that the individual claims the preference. This 10-point preference shall be in addition to any points awarded on the 100-point scale.
(C) At the time of appointment, an individual who claimed the 10-point residency preference shall agree, in writing, to maintain District residency for a period of 7 consecutive years from the effective date of appointment into the position for which the individual claimed the residency preference.
(D) An individual who claimed the residency preference and who fails to maintain District residency for 7 consecutive years from the individual's effective date of appointment shall forfeit the individual's District government employment.
(E) Each applicant for a position covered by this paragraph shall be informed in writing of the provisions of this paragraph at the time of application.
(2) The People's Counsel shall verify and enforce District residency requirements pursuant to § 1-515.04.
(3) By November 1 of each year and pursuant to § 1-515.06, the People's Counsel shall submit to the Mayor an annual report detailing, for the previous fiscal year, compliance with residency requirements.
(d) The People’s Counsel:
(1) Shall represent and appeal for the people of the District of Columbia at hearings of the Commission and in judicial proceedings in the District of Columbia courts when these proceedings and hearings involve the interests of users of the products of or services furnished by public utilities under the jurisdiction of the Commission;
(2) May represent and appeal for the people of the District of Columbia at proceedings before related federal regulatory agencies and commissions and federal courts when those proceedings involve the interests of users of the products of or services furnished by public utilities under the jurisdiction of the Commission;
(3) May represent and appear for petitioners appearing before the Commission for the purpose of complaining in matters of rates or services;
(4) May investigate independently, or within the context of formal proceedings before the Commission, the services given by, the rates charged by, and the valuation of the properties of the public utilities under the jurisdiction of the Commission;
(5) May develop means to otherwise assure that the interests of the users of the products of or services furnished by public utilities under the jurisdiction of the Commission are adequately represented in the course of proceedings before the Commission, federal or District of Columbia courts, or federal regulatory agencies and commissions involving those interests, including public information dissemination, consultative services, and technical assistance; and
(6) May perform the functions authorized by § 34-2202.05a.
(e) In defining its positions while advocating on matters pertaining to the operation of public utility or energy companies, the Office shall consider the public safety, the economy of the District of Columbia, the conservation of natural resources, and the preservation of environmental quality, including effects on global climate change and the District's public climate commitments.
§ 34–805. People’s Counsel — Appropriations.
There are authorized to be appropriated, to carry out the purposes of §§ 34-804 and 34-912, such sums as may be necessary for fiscal year 1980 and for each fiscal year thereafter.
§ 34–806. Employees; expenses; expenditures.
(a) The Commission shall have the power in each and every instance to employ and to prescribe the duties of such officers, clerks, stenographers, typewriters, inspectors, experts, and employees as it may deem necessary to carry out the provisions of this subtitle. The Commission is hereby authorized, within the appropriation made by Congress, to incur and pay incidental expenses for postage, printing, blanks, books, law books, books of reference, and periodicals, stationery, binding, rebinding, repairing and preservation of records, desks, office furniture and supplies, traveling expenses of the Commission, the commissioners, and every officer, agent, and employee thereof, and all other general expenses reasonably necessary to be incurred in carrying out the purposes of this subtitle. All payments and disbursements, as provided in this subtitle, shall be made by the Disbursing Officer of the District of Columbia upon proper vouchers, certified as required by the Commission; and the Commission is hereby also granted power and authority to designate and appoint during its pleasure such officers, clerks, inspectors, and employees of the District of Columbia and members of the Metropolitan Police force of the District of Columbia to perform any of the duties which the Commission may from time to time, respectively, assign to them, and to employ any assistance within the limits of the appropriations for its use made by act of Congress.
(a-1) Notwithstanding the provisions of Unit A of Chapter 14 of Title 2, each qualified District resident applicant shall receive an additional 10-point preference over a qualified non-District resident applicant for all positions within the Commission unless the applicant declines the preference. This 10-point preference shall be in addition to, and not instead of, qualifications established for the position. All persons hired after February 6, 2008, shall submit proof of residency upon employment in a manner determined by the Commission. An applicant claiming the hiring preference under this section shall agree in writing to maintain bona fide District residency for a period of 7 consecutive years from the effective date of hire and shall provide proof of such residency annually to the director of personnel for the Commission for the first 7 years of employment. Failure to maintain District residency for the consecutive 7-year period shall result in forfeiture of employment.
(b) The Commission is authorized to enter into contracts with the District government, the United States government, and other public and private entities for goods and services, as needed, to achieve its purposes in carrying out its statutory duties.
§ 34–807. Authority of Interstate Commerce Commission withdrawn; rules and regulations to remain in force; joint action in regulation of public-service company.
(a) The authority vested by law in the Interstate Commerce Commission by virtue and under the Act of Congress, approved May 23, 1908, entitled “An Act authorizing certain extensions to be made in the lines of the Anacostia and Potomac River Railroad Company, the Washington Railway and Electric Company, the City and Suburban Railway of Washington, and the Capital Traction Company, in the District of Columbia and for other purposes” shall no longer be exercised by the Interstate Commerce Commission; provided, that the orders, rules, and regulations made by the Interstate Commerce Commission shall continue to be in force until changed, repealed, altered, or amended by the Commission created by this subtitle, which said Commission is hereby given power and jurisdiction to issue and, at its pleasure, to revoke all permits, or licenses, to carry this subtitle into effect, and its rules and regulations shall be valid and binding on all public-service corporations and on all persons.
(b) The Commission may act jointly or concurrently with any official board or commission of the United States or any state thereof in any proceeding relating to the regulation of any public utility. Any such action may be under an interstate compact or agreement, or under the concurrent power of the States to regulate interstate commerce, or as an agency of the federal government, or otherwise.
§ 34–808. Orders for repairs; improvement in equipment, service.
Whenever the Commission shall be of opinion, after hearing had upon its own motion or upon complaint, that repairs, improvements, or changes in any street railroad, gas plant, electric plant, telephone line, telegraph line, pipeline, waterpower plant, or the facilities of any common carrier ought reasonably to be made, or that any addition of service or equipment ought reasonably to be made thereto, or that the vehicles or cars of any street railroad or common carrier are unclean, insanitary, uncomfortable, inconvenient, or improperly equipped, operated, or maintained, or are in need of paint, or unsightly in appearance, or that any addition ought reasonably to be made thereto, in order to promote the comfort or convenience of the public or employees, or in order to secure adequate service or facilities, the Commission shall have power to make and serve an order directing that such repairs, improvements, changes, or additions to service or equipment be made within a reasonable time and in a manner to be specified therein, and every such public utility is hereby required and directed to obey every such order of the Commission.
§ 34–808.01. Competitive energy supplier consumer awareness program.
(a) The Office of the People’s Counsel shall establish a program to increase the awareness of District residents of the availability of services offered by competitive energy providers and the means by which to procure such services.
(b) The Public Service Commission shall establish a program to increase the awareness of District residents of the availability of services offered by competitive energy providers and the means by which to procure such services.
§ 34–808.02. Supervision and regulation considerations.
In supervising and regulating utility or energy companies, the Commission shall consider the public safety, the economy of the District, the conservation of natural resources, and the preservation of environmental quality, including effects on global climate change and the District's public climate commitments.
§ 34–809. Authority of Mayor not affected; ordinances of Commissioners not affected unless modified by Commission.
All the duties, powers, and authority of the Mayor of the District of Columbia shall continue and remain in full force and effect notwithstanding this subtitle; and all powers, authority and duties of the municipality known as the District of Columbia and all rights vested in said municipality shall continue and remain in full force and effect notwithstanding this subtitle. All the lawful ordinances and regulations made by the Commissioners of the District of Columbia as such, and all other lawful municipal ordinances and regulations, shall continue and remain in full force and effect, and may be altered, changed, or amended, and new ordinances and regulations may be made by the Mayor of the District of Columbia, acting as such, hereafter, notwithstanding this subtitle; provided, that when any order of the Commission created by this subtitle shall be made which shall be inconsistent and repugnant to any municipal ordinance or regulation, or any ordinance or regulation made or to be made by the Mayor of the District of Columbia, acting as such, then and in such event the order of the Commission created by this subtitle shall be given full force and effect, notwithstanding such municipal ordinance or regulation.
