DC Code § 34-1313.14 (2021)
2021 District of Columbia Code|Title 34 - Public Utilities|Chapter 13A - Electric Company Infrastructure Improvement Financing|Subchapter III - Commission Authorizations|Part B - Selection and Construction of Underground Infrastructure Improvement Projects|§ 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).