By June 1st of each year, the Commission shall send each public utility, competitive electric supplier, competitive natural gas supplier, and CLEC separate Notices of Proposed Assessment for the Commission and the Office of the People's Counsel. The Notices of Proposed Assessment shall contain the proposed assessment due from each public utility, competitive electric supplier, competitive natural gas supplier, and CLEC for the Commission and for the Office of the People's Counsel. The Notices of Proposed Assessment shall indicate a specific time period for objections to the assessments contained in the Notices of Proposed Assessment to be filed with the Commission.
If a public utility, competitive electric supplier, competitive natural gas supplier, or CLEC for the Commission and for the Office of the People's Counsel believes that the Proposed Assessment is incorrect, it may file a Notice of Objection with supporting documentation with the Commission before the objection period specified in the Notices of Proposed Assessment has expired. The Commission will not consider Notices of Objection that are not timely filed.
Once the objection period specified in the Notices of Proposed Assessment has expired and, if no objections have been filed, the Commission shall send each public utility, competitive electric supplier, competitive natural gas supplier, and CLEC separate Orders of Assessment for the Commission and the Office of the People's Counsel no later than August 31st of each year.
If a timely Notice of Objection is filed, the Commission shall review and decide on the objection on or before July 15th. If an objection is determined to be valid, the Commission may, if necessary, send revised Notices of Proposed Assessment to each public utility, competitive electric supplier, competitive natural gas supplier, and CLEC and allow an additional abbreviated comment period for Notices of Objection to the revised Notices of Proposed Assessment. If no further objections are filed by the closed on the comment period, the Commission shall send each public utility, competitive electric supplier, competitive natural gas supplier, and CLEC separate Orders of Assessment for the Commission and the Office of the People's Counsel no later than August 31st of each year.
The amounts set out in the Orders of Assessment shall be paid in full to the Treasurer of the District of Columbia within thirty (30) days of the date of the Order of Assessment.
Failure to pay the assessments in full within thirty (30) days of the Orders of Assessment shall result in a penalty of ten percent (10%) of the assessment due but not to exceed one hundred dollars ($100.00) per day for each day that the assessment is late. Failure to pay the assessments and the penalty due, if any, in full may also result in a suspension or revocation of the license of the public utility, competitive electric supplier, competitive natural gas supplier, or CLEC.
In the event the Commission determines that a penalty may be appropriate pursuant to § 1303.6, the Commission shall provide a Notice of any penalty that it intends to impose for non-payment to the public utility, competitive electric supplier, competitive natural gas supplier, or CLEC and shall give the recipients of the notice 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) and 15 DCMR § 1301.6.
D.C. Mun. Regs. tit. 15, r. 15-1303