1301.1 Each public utility, competitive electric supplier, competitive natural gas supplier, and competitive local exchange carrier ("CLEC") shall be assessed according to D.C. Official Code § 34-912(b) (2016 Supp.) for the reimbursable budgets of the Commission and the Office of the People's Counsel in the following manner:
(a) For CLECs, competitive electric suppliers, and competitive natural gas suppliers (collectively "alternative providers"), the assessments shall be equal to the ratio of the alternative provider's calendar year gross jurisdictional revenues to the sum of the calendar year gross jurisdictional revenues of all public utilities and all alternative providers times the budgets of the Commission and the Office of the People's Counsel; or(b) For public utilities, the assessment shall be the public utility's proportionate share of the calendar year gross jurisdictional revenues of all public utilities times the budgets of the Commission and the Office of the People's Counsel less the amount to be reimbursed by the alternative providers in paragraph (a).(c) If an alternative provider's assessment is less than or equals twelve dollars ($12), then the Commission may waive the payment of this assessment.1301.2 By March 1st of each year the Commission shall send to each public utility, competitive electric supplier, competitive natural gas supplier, and CLEC an Annual Survey for assessment purposes. Each public utility, competitive electric supplier, competitive natural gas supplier, and CLEC shall file its responses to the Annual Survey with the Commission and certify to the accuracy of the responses by April 1st. Each response shall include a report of the responder's gross jurisdictional revenues for the preceding calendar year ending December 31st.
1301.3 Failure to respond to the Commission issued Annual Survey by April 1st shall result in a penalty of one hundred dollars ($100.00) per day for each day that the filing is late.
1301.4 Responders who under-report their gross jurisdictional revenues in their Annual Survey, shall be subject to a penalty equal to twice the correct assessment amount, up to but not to exceed five thousand dollars ($5,000), in addition to paying the correct assessment amount.
1301.5 Responders who file incomplete or incorrect information in their Annual Survey shall be subject to a penalty not to exceed five thousand dollars ($5,000).
1301.6 Responders shall receive notice of any penalty that the Commission intends to impose and shall be given an opportunity for a hearing pursuant to D.C. Official Code §§ 34-706(c), 34-1508(a), 34-1671.11(a), or 34-2002(h-1).
D.C. Mun. Regs. r. 15-1301
Final Rulemaking published at 29 DCR 3245, 3246 (July 30, 1982; as amended by Final Rulemaking published at 53 DCR 4141 (May 19, 2006); as amended by Final Rulemaking published at 53 DCR 8486 (October 20, 2006); as amended by Notice of Final Rulemaking published at 59 DCR 4230 (May 4, 2012); as amended by Final Rulemaking published at 61 DCR 9863 (September 26, 2014); Amended by Final Rulemaking published at 63 DCR 1304 (2/5/2016); amended by Final Rulemaking published at 63 DCR 9405 (7/8/2016); amended by Final Rulemaking published at 64 DCR 12447 (12/8/2017); amended by Final Rulemaking published at 67 DCR 1232 (2/7/2020)Authority: The Public Service Commission of the District of Columbia (Commission), pursuant to section 34 -802 of the District of Columbia Official Code.