D.C. Mun. Regs. tit. 15, r. 15-4609

Current through Register Vol. 71, No. 39, September 27, 2024

Rule 15-4609 - SANCTIONS AND ENFORCEMENT

4609.1

Sanctions. Licensees are subject to sanctions for violations of federal and District of Columbia law and applicable Commission regulations and orders. The following sanctions may be imposed by the Commission:

(a)Civil Penalty. Pursuant to D.C. Official Code §§ 34-1508(b)(1), the Commission may impose a civil penalty of not more than ten thousand dollars ($10,000) for each violation. Each day a violation continues shall be considered a separate violation for purposes of this penalty. The Commission shall determine the amount of a civil penalty after consideration of the following:

(1) The number of previous violations on the part of the Licensee;

(2) The gravity and duration of the current violation; and

(3) The good faith effort of the Licensee in attempting to achieve compliance after the Commission provides notice of the violation.

(b)Customer Refund or Credit. The Commission may order a Licensee to either issue a full refund for all charges billed or collected by the Licensee or direct the Licensee to issue a credit to the Customer's account in any billing or service dispute between the Licensee and Customer. In specific instances where slamming has occurred, the Licensee shall refund to the Customer all monies paid to the Licensee; and where cramming has occurred, the Licensee shall refund to the Customer the amount of the unauthorized charges paid to the Licensee.

(c)Cease and Desist Order. The Commission may order the Licensee to:

(1) Cease adding or soliciting additional Customers;

(2) Cease serving Customers in the District of Columbia; or

(3) Cease any action found to be in violation of District of Columbia law, or Commission rules and regulations.

(d)Cancellation of a contract or part of a contract between a Customer and a Licensee;

(e)Suspension and Revocation of a Licensee's Supplier License;

(1) If a Licensee fails to provide electricity service to customers in the District of Columbia within two (2) years from the issuance of its license, the Commission shall suspend the Licensee's electricity supplier license and issue a notice of revocation. The Commission shall provide the Licensee an opportunity to submit evidence of service or permit the Licensee to request a hearing, either orally or in writing.

(2) If a Licensee reports the absence of any jurisdictional revenue from its electricity service in its response to the annual assessment survey required by 15 DCMR §§ 1301.2 for any consecutive two (2) year period, the Commission shall suspend the Licensee's electricity supplier license and issue a notice of revocation. The Commission shall provide the Licensee an opportunity to submit evidence of service or permit the Licensee to request a hearing, either orally or in writing.

(3) If a Licensee is no longer providing electricity service in the District of Columbia or has failed to comply with any of the filing requirements prescribed in this Chapter or has not filed an application to surrender its electricity supplier license under §§ 4602.10, the Commission shall suspend the Licensee's electricity supplier license and issue a notice of revocation. The Commission shall provide the Licensee an opportunity to submit evidence of service or permit the Licensee to request a hearing, either orally or in writing.

(4) Failure of the Licensee to submit a response to its suspension and notice of revocation within thirty (30) days of its issuance shall result in the permanent revocation of the Licensee's electricity supplier license.

4609.2

Commission Access to Records. As part of any Commission investigation, the Commission shall have access to any accounts, books, papers, and documents of the Licensee that the Commission considers necessary in order to resolve the matter under investigation.

4609.3

Emergency Action by the Commission. The Commission may temporarily suspend a License, issue a temporary cease and desist order, or take any other appropriate temporary remedial action, pending a final determination after notice and hearing, if the Commission determines that there is reasonable cause to believe that Customers or the reliability of electric supply in the District of Columbia is or will be harmed by the actions of a Licensee.

D.C. Mun. Regs. tit. 15, r. 15-4609

Final Rulemaking published at 65 DCR 9970 (9/28/2018- Vol. 1); amended by Final Rulemaking published at 71 DCR 7434 (6/28/2024)