D.C. Mun. Regs. tit. 15, r. 15-4608

Current through Register Vol. 71, No. 48, November 29, 2024

Rule 15-4608 - COMMISSION ACTION REGARDING A LICENSEE

4608.1

Commission Investigation. The Commission may open an investigation of a Licensee on its own initiative, or upon the complaint of OPC, the D.C. Office of the Attorney General, or any aggrieved party. The Commission shall provide written notice of the investigation to the Licensee and shall provide the Licensee an opportunity for a hearing in accordance with District of Columbia law and Commission regulations.

4608.2

Grounds for Commission Action. The Commission may take action against a Licensee as determined by the Commission, including, but not limited to, the following violations:

(a) Knowingly or with reckless disregard, providing false or misleading information to the Commission;

(b) Slamming or cramming;

(c) Disclosing information about a Customer supplied to the Licensee by the Customer or using information about a Customer for any purpose other than the purpose for which the information was originally acquired, without the Customer's written consent, unless the disclosure is for bill collection or credit rating reporting purposes or is required by law or an order of the Commission;

(d) Failure to provide adequate and accurate information to each Customer about the Licensee's available services and charges;

(e) Discriminating against any Customer based wholly or partly on the race, color, creed, national origin, sex, or sexual orientation of the Customer or for any arbitrary, capricious, or unfairly discriminatory reason;

(f) Refusing to provide electricity or related service to a Customer unless the refusal is based on standards reasonably related to the Licensee's economic and business purposes;

(g) Failure to post on the Internet or on the Licensee's website adequate and accurate information about its services and rates for its Customers;

(h) Failure to provide electricity for its Customers when the failure is attributable to the actions of the Licensee;

(i) Committing fraud or engaging in sales, marketing, advertising, or trade practices that are unfair, false, misleading, or deceptive such as engaging in any solicitation that leads the Customer to believe that the Licensee is soliciting on behalf of, or is an agent of, the Electric Company when no such relationship exists;

(j) Failure to maintain financial integrity;

(k) Failure to pay, collect, remit, or accurately calculate applicable taxes;

(l) Violating an applicable provision of the D.C. Official Code or any other applicable consumer protection law;

(m) Conviction of the Licensee or any principal of the Licensee (including the general partners, corporate officers or directors, or limited liability managers of offices of the Licensee) for any fraud-related crimes (including, but not limited to, counterfeiting and forgery, embezzlement and theft, fraud and false statements, perjury, and securities fraud);

(n) Imposition of a civil, criminal, or regulatory sanction(s) or penalties against the Licensee or any principal of the Licensee (including the general partners, corporate officers or directors, or limited liability managers or officers of the Company) pursuant to any state or Federal consumer protection law or regulation;

(o) Conviction by the Licensee or principal of the Licensee (including the general partners, corporate officers or directors, or limited liability managers or officers of the Licensee) of any felony that has some nexus with the Licensee's business;

(p) Filing of involuntary bankruptcy/insolvency proceedings against the Licensee or filing of voluntary bankruptcy/insolvency proceedings by the Licensee;

(q) Suspension or revocation of a license by any state or federal authority, including, but not limited to, suspension or revocation of a license to be a power marketer issued by the Federal Energy Regulatory Commission;

(r) Imposition of any enforcement action by any Independent System Operators or Regional Transmission Organization used by the Licensee;

(s) Failure of a Licensee to provide annually copies of its Privacy Protection Policy to its Customers;

(t) Failure of a Licensee, who has not initially started serving Customers in the District to notify the Commission within three (3) business days before the Licensee begins soliciting or marketing to Customers directly or through an authorized representative in compliance with the solicitation rules in this Chapter;

(u) Failure of the Licensee to pay its assessment for the costs and expenses of the Commission and OPC as required by D.C. Official Code § 34-912(b) and any penalties prescribed by D.C. Official Code § 34-1508; or

(v) Failure to comply with any Commission regulation or order.

D.C. Mun. Regs. tit. 15, r. 15-4608

Final Rulemaking published at 65 DCR 9970 (9/28/2018 - Vol. 1)