§ 34-909. Public notice of rate applications or changes in conditions of service; opportunity for public response; notice to utility; setting time and place for hearing and investigation.

Current through October 23, 2012

(a) Notice of every rate application or change in condition of service proposed and filed with the Public Service Commission shall be given by the utility to each residential or commercial rate payer affected by the proposed rate application or change. The notice shall be available for viewing at a utility's website, and either by electronic notice to those ratepayers who have registered for electronic billing with the utility or by written notice in the affected ratepayer's billing envelope. The notice shall be sent in not later than the next billing period following the filing; no filing may be approved by the Commission without adequate time for rate payer response. Each notice shall be sufficiently accurate and detailed for the rate payer to understand the filing, including the rate payer's specified affected interest. The notice shall provide the specific rate or service change affecting the rate payer, including the proposed percentage and dollar increase for the rate and rider category of the customer. For every proceeding in which the Commission has a public hearing, the public shall be given a timely opportunity to present its views, as evidence of record, with at least 45 days notice, with notice widely and publicly distributed in a form sufficiently detailed and complete to permit the public to realize its specific and affected interest.

(b) The Commission shall, prior to the formal hearing, notify the public utility complained of that a complaint has been made, and 10 days after the notice has been given the Commission may proceed to set a time and place for a hearing and an investigation as hereinafter provided.

                
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(Mar. 4, 1913, 37 Stat. 983, ch. 150, § 8, par. 39; Mar. 14, 1985, D.C. Law 5-153, § 3(d), 31 DCR 6440; July 17, 1985, D.C. Law 6-9, § 2(a), 32 DCR 2961; Mar. 10, 2004, D.C. Law 15-89, § 2, 51 DCR 1; Apr. 12, 2005, D.C. Law 15-342, 303(d), 52 DCR 2346.)

HISTORICAL AND STATUTORY NOTES

Prior Codifications

1981 Ed., § 43-609.

1973 Ed., § 43-409.

Effect of Amendments

D.C. Law 15-89, in subsec. (a), substituted "Notice of every rate application or change in condition of service proposed and filed with the Public Service Commission shall be given by the utility to each residential or commercial rate payer affected by the proposed rate application or change. The notice shall be: (1) by written notice in the affected rate payer's billing envelope, (2) by electronic notice to those rate payers who have registered for electronic billing with a utility, and (3) available for viewing at a utility's website and updated by a utility on at least a monthly basis consistent with the billing cycle." for "Notice shall be given to the public by the utility in each rate payer's billing envelope of every rate application or change in condition of service proposed and filed with the Public Service Commission."

D.C. Law 15-342, in subsec. (a), substituted "The notice shall be available for viewing at a utility's website, and either by electronic notice to those ratepayers who have registered for electronic billing with the utility or by written notice in the affected ratepayer's billing envelope." for "The notice shall be: (1) by written notice in the affected rate payer's billing envelope, (2) by electronic notice to those rate payers who have registered for electronic billing with a utility, and (3) available for viewing at a utility's website and updated by a utility on at least a monthly basis consistent with the billing cycle."

Emergency Act Amendments

For temporary (90 day) amendment of section, see § 303(d) of Omnibus Utility Emergency Amendment Act of 2005 (D.C. Act 16-12, January 28, 2005, 52 DCR 2945).

Legislative History of Laws

Law 5-153 was introduced in Council and assigned Bill No. 5-225, which was referred to the Committee on Public Services and Cable Television. The Bill was adopted on first and second readings on October 23, 1984, and November 7, 1984, respectively. Disapproved by the Mayor on November 30, 1984, the Bill was reenacted by the Council on December 4, 1984, assigned Act No. 5-217 and transmitted to both Houses of Congress for review.

Law 6-9 was introduced in Council and assigned Bill No. 6-178, which was referred to the Committee on Public Services and Cable Television. The Bill was adopted on first and second readings on April 16, 1985, and April 30, 1985, respectively. Signed by the Mayor on May 16, 1985, it was assigned Act No. 6- 22 and transmitted to both Houses of Congress for its review.

Law 15-89, the "Utility Rate Payers Amendment Act of 2003", was introduced in Council and assigned Bill No. 15-438, which was referred to Committee on Public Interest. The Bill was adopted on first and second readings on November 4, 2003, and December 2, 2003, respectively. Signed by the Mayor on December 18, 2003, it was assigned Act No. 15-259 and transmitted to both Houses of Congress for its review. D.C. Law 15-89 became effective on March 10, 2004.

For Law 15-342, see notes following § 34-401.