(a) No later than April 1 of each year following issuance of an order authorizing the imposition and collection of Underground Project Charges and for as long as such order remains in effect, the electric company shall file with the Commission an application for approval of the electric company’s proposed adjustment to set the Underground Project Charges until the next proposed adjustment is approved by the Commission; except, that the Commission may approve any such adjustment sooner in an order approving a biennial Underground Infrastructure Improvement Projects Plan.

(b) Concurrent with filing an application for approval of an annual adjustment that would adjust the level and, if applicable, the allocation between distribution service customer classes of the Underground Project Charges, the electric company shall provide notice of the application, in the manner provided in § 34-909.

(c) An application filed pursuant to this section shall include, at a minimum, a narrative description of the proposed adjustments, a proposed form of public notice of the application suitable for publication by the Commission and, as applicable:

(1) A description of the Electric Company Infrastructure Improvement Activity initiated or completed during the previous calendar year, the costs of which are to be recovered through the Underground Project Charges as approved by a Commission order issued pursuant to § 34-1313.10;

(2) The estimated cost of the Electric Company Infrastructure Improvement Activity;

(3) A calculation or re-calculation of the electric company’s annual revenue requirement to take into account the effects of accumulated depreciation and changes as to any cost component due to the adoption of new base tariff rates in the prior calendar year as well as any actual or estimated under-collection or over-collection;

(4) A demonstration that the Underground Project Charges, authorized pursuant to § 34-1313.10, are calculated to meet the electric company’s annual revenue requirement for Electric Company Infrastructure Improvement Costs;

(5) A demonstration that the allocation of Underground Project Charges among the electric company’s distribution service customer classes conforms to the distribution service customer class cost allocations approved by the Commission for the electric company and in the electric company’s most recent base rate case; provided, that no such charges shall be assessed against customers served under the electric company’s residential aid discount or a succeeding discount program;

(6) The period of time over which the Underground Project Charges are to be collected; and

(7) Accounting work papers showing the electric company’s prior year’s receipts and disbursements of Underground Project Charges.

(d)(1) Protests may be filed in opposition to the electric company’s application to adjust the Underground Project Charges within 10 days of the publication of the public notice; provided, that protests shall be limited to the proposed adjusted Underground Project Charge and materials submitted in support thereof, and whether the proposed adjustment is consistent with the underlying order authorizing the imposition and collection of the Underground Project Charge, as most recently approved by the Commission. Protests shall not challenge the scope and composition of the Electric Company Infrastructure Improvement Activity unless, and only to the extent that, changes in the scope and composition of the Electric Company Infrastructure Improvement Activity are proposed in the application to adjust the Underground Project Charges submitted pursuant to this section.

(2) If a timely protest is filed objecting to the proposed adjustment of the Underground Project Charges, the Commission shall rule upon the protest no later than 20 days from the date of the publication of the public notice.

(e) The proposed adjusted Underground Project Charges shall take effect, subject to refund and adjustment, on the date of filing with the Commission. If no objection is timely filed, or having been timely filed, is denied by the Commission, the proposed charges shall become final and no longer subject to refund or adjustment on the date of a final decision as set forth in subsection (f) of this section, unless the Commission rules otherwise before such date.

(f)(1) The Commission shall decide an uncontested annual adjustment application within 45 days from the date filed. If a protest is filed, the time for the Commission’s decision is extended by 30 days.

(2) The Commission’s decision in an annual adjustment proceeding shall not re-open or amend, modify, or otherwise alter a previously issued order authorizing the imposition and collection of Underground Project Charges or amendments thereto.

(May 3, 2014, D.C. Law 20-102, § 315, 61 DCR 1882; July 11, 2017, D.C. Law 22-5, § 2(p), 64 DCR 4943.)

For temporary (90 days) amendment of this section, see § 2(p) of Electric Company Infrastructure Improvement Financing Emergency Amendment Act of 2017 (D.C. Act 22-56, May 17, 2017, 64 DCR 4909).