399.1

When used in this chapter, the following terms and phrases shall have the meaning ascribed:

Account: a record capturing information related to the service(s) provided to a Customer or at a premise by a Utility, Energy Supplier or Telecommunications Service Provider or third party biller on behalf of a Utility, Energy Supplier or Telecommunications Service Provider.

Aggregator: a person who acts on behalf of customers to purchase gas or electricity. To “act on behalf of customers” means that a person acts with the express authorization of customers to purchase gas or electricity on those customers’ behalf and receives direct or indirect compensation or benefit in any form from any entity.

Applicant: Person who requests natural gas, electric or Telecommunications services at premises to be used as his or her residence or the residence of a third party on whose behalf the Person is requesting service.

Bill: a statement from the Utility, Energy Supplier, or Telecommunications Service Provider, stating the Charges for the services rendered to the Customer or premises.

Billing Cycle: the service period of twenty-six (26) to thirty-five (35) Days.

Broker: a person who acts as an agent or intermediary in the sale and purchase of natural gas or electricity but who does not take title to natural gas or electricity.

Bundled Service: package of multiple services offered at a single price.

Business Day: a Day in which normal business is transacted, excluding Saturdays, Sundays, and Federal and District of Columbia holidays.

Charge: the price of a service or commodity to a Customer or premise.

Commission: the Public Service Commission of the District of Columbia.

Complaint: any contact by a Customer or his or her Designated Representative with the Commission in which the Customer or Designated Representative registers dissatisfaction with the Utility, Energy Supplier, or Telecommunications Service Provider's service.

Complainant: a Customer or Customer's Designated Representative who files a Complaint.

Consolidator: any owner of or property manager for multi-family residential, commercial office, industrial, and retail facilities who combines more than one property for the primary purpose of contracting with an Aggregator or energy supplier for gas or electric energy services for those properties and who: (A) does not take title to natural gas or electric energy; (B) does not sell natural gas or electric energy to buildings not owned or managed by such owner or property manager; (C) does not offer aggregation of natural gas or electric energy services to other, unrelated end-users; and (D) arranges for the purchase of natural gas or electric energy services only from duly licensed energy suppliers or Aggregators.

Consolidated Bill: an arrangement whereby a Customer receives a single Bill from a Utility.

Confirmation: (A) Confirmation of a telephone application for Enrollment of a residential Customer refers to action taken by a competitive Energy Supplier wherein an Independent Third Party Verifier must confirm the residential Customer's decision to switch from an Energy Supplier. (B) Confirmation of an electronic application for Enrollment occurs when the Energy Supplier sends an electronic response to the Customer confirming that the application for Enrollment was intended and received. (C) There is no confirmation process applicable to written applications for Enrollment.

Contract: an agreement between a Customer and an Energy Supplier or Telecommunications Service Provider that specifies the terms, conditions, and Charges for the provision of electric, natural gas or Telecommunications services to the Customer.

Cramming (for Telecommunications Service Providers): the practice of causing unauthorized, misleading or deceptive Charges to be placed to a Customer's existing Telecommunications service Account option(s).

Cramming (for Energy Suppliers): the practice of adding services or Charges to a Customer's existing retail energy service options absent the express consent of the Customer.

Customer: an accountholder or purchaser of electric, natural gas or Telecommunications services for residential use in the District of Columbia, excluding master-metered apartments with four or more units. An Account holder is a person in whose name an account with a Utility, Energy Supplier, or Telecommunications Service Provider has been established.

Day: a calendar day unless otherwise specified.

Deferred Payment Agreement (DPA): an agreement whereby a Customer pays a past due balance on an installment basis.

Deposit: any payment made by a Customer to a Utility, Energy Supplier or Telecommunications Service Provider in order to secure the Utility, Energy Supplier or Telecommunications Service Provider against potential Customer nonpayment or default.

Designated Representative: a Person for whom the Customer of record has submitted a notarized letter with the Office of Consumer Services authorizing the representative to act on his or her behalf.

Disconnection: an action by a Utility or Telecommunications Service Provider to prevent the delivery of energy or Telecommunications services. For Telecommunications services, this shall also include the suspension of services.

Distribution Service Charge: a Charge levied by the Electric or Natural Gas Utility to deliver energy supply to the Customer.

EDI Transaction: Electronic Data Interchange.

Electric Utility: the company that provides electric distribution service and is regulated by the Public Service Commission of the District of Columbia.

Energy Supplier: a person, including an Aggregator, Broker, or Marketer, who generates or produces natural gas or electricity, sells natural gas or electricity, or purchases, brokers, arranges, or markets natural gas or electricity for sale to customers. The term excludes the following: (A) building owners, lessees, or managers who manage the internal distribution system serving such building and who supply natural gas or electricity solely to occupants of the building for use by the occupants; (B)(i) any person who purchases natural gas or electricity for its own use or for the use of its subsidiaries or affiliates; or (ii) any apartment building or office building manager who aggregates natural gas or electric service requirements for his or her building(s), and who does not: (I) take title to natural gas or electricity; (II) market natural gas or electric services to the individually-metered tenants of his or her building; or (III) engage in the resale of natural gas or electric services to others; (C) property owners who supply small amounts of power, at cost as an accommodation to lessors or licensees or the property; and (D) a Consolidator.

Enrollment: the process in which the Natural Gas or Electric Company receives and processes the notification from the energy supplier that a customer has entered into a contract for the supply of natural gas or electricity.

Estimated Bill: a Bill for natural gas or electric service which is not based on an actual meter reading by the Utility or Customer.

Evergreen Contract: a Contract that is capable of automatic renewal without any action by the Customer.

Formal Complaint: a written Complaint filed with the Commission.

Generation Service Charge: a Charge levied by the Energy Supplier or Utility for the provision of electricity supply to the Customer.

Independent Third-Party Verifier: a Person retained by individual Energy Suppliers to confirm the Customer’s decision to enter into a Contract for the supply of natural gas or electricity.

Informal Complaint: a Complaint filed by a Customer with the Commission’s Office of Consumer Services requesting mediation of a dispute after the Customer has failed to resolve the dispute directly with the Utility, Energy Supplier, or Telecommunications Service Provider.

Marketer: a person who purchases and takes title to natural gas or electricity as an intermediary for sale to Customers.

Meter: instrument that measures or records the amount of energy service delivered to the customer.

Natural Gas Sales Service: services governed under WG’s Rate Schedule No. 1., with Sales Service, whereby the Customer receives natural gas supply from the Washington Gas Light Company. Sales Service is also available as a default to Customers who Contract for natural gas with an Energy Supplier but who fail to receive delivery of natural gas under such Contracts and to Customers who do not choose an Energy Supplier.

Natural Gas Utility: the company that provides Sales Service and delivery of distribution service and is regulated by the Public Service Commission of the District of Columbia.

Office of Consumer Services: an office of the Commission designated to perform responsibilities in accordance with this chapter.

OPC: the Office of the People’s Counsel of the District of Columbia.

Person: every individual, corporation, company, association, joint-stock company, firm, partnership, or other entity.

Purchased Gas Charge (PGC): the provision in a Natural Gas Utility’s rate schedule which permits the adjustment of the amount of the Bill as the cost of gas varies from a specified base amount per unit.

Rescission Notice: written correspondence issued to the Customer via U.S. Mail notifying the Customer of the right to cancel.

Rescission Period: the time period within which a Customer may choose to cancel a Contract for natural gas or electric service with an energy supplier.

Residential Service: natural gas or electric service to a separately metered household, and including natural gas service to not more than three dwelling units served by a single Meter in a multiple-family dwelling, or portion thereof; telephone service to an individual, family or group for non-business purposes.

Sanctions: The following Sanctions may be imposed by the Commission:

(a) Civil Penalties: The Commission may impose a civil penalty of not more than $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 considering the following: the number of previous violations of any provisions of Commission law or regulations; the gravity and duration of the current violations; and the good faith efforts of the Licensee or Person charged 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 issue a refund or credit to a Customer.

(c) Cease and Desist Order: The Commission may order the Licensee to cease adding or soliciting additional Customers; cease serving Customers in the District of Columbia; and cease any action found to be in violation of Commission orders, rules or regulations.

(d) Cancellation of a Contract or part of a Contract between a Customer and a Licensee.

(e) Suspension of License.

(f) Revocation of License.

Service Provider: an energy supplier or Telecommunications service provider as defined in this section.

Slamming (for Telecommunications Service Providers): occurs when a company changes a Customer's Telecommunication's carrier selection without that Customer's knowledge or explicit authorization.

Slamming (for Energy Suppliers): the practice of switching a Customer's natural gas or electric supplier Account without the express consent of the Customer.

Solicitation: A communication in any medium that urges a customer to Contract for receipt of specific natural gas, electricity, or Telecommunications services from an Energy Supplier or Telecommunications Service Provider. Types of Solicitation may include, but are not limited to, telephone Solicitation, radio advertisements, print advertisements, home Solicitations, electronic advertisements (i.e. Internet), newspaper advertisements, and written Solicitations.

Standard Offer Service: Service provided by the incumbent electric Utility to 1) Customers who do not choose an electricity supplier; 2) Customers who cannot arrange to purchase electricity from an electricity supplier; and 3) Customers who contract for electricity with an electricity supplier, but who fail to receive delivery of electricity under such Contracts.

Tariff: a schedule of rates, terms and conditions governing the provision of Telecommunications or energy service on file with the Public Service Commission.

Telecommunications Service Provider: for purposes of this chapter only, any provider of Telecommunications service that was not an incumbent local exchange carrier in the District of Columbia on January 31, 1996.

Termination of Contract: cessation of a Contract for supply with an Energy Supplier or services of a Telecommunications Service Provider between the Service Provider and Customer.”

Utility: every street railroad, street railroad corporation, common carrier, gas plant, gas corporation, electric company, telephone corporation, telephone line, telegraph corporation, telegraph line, and pipeline company.

Utility Consumer Bill of Rights: refers to the Commission’s Consumer Bill of Rights, adopted as regulations by the PSC in the D.C. Mun. Regs. Tit. 15, Chapter 3.

Source: Notice of Final Rulemaking published at 55 DCR 10014 (September 26, 2008); as amended by Notice of Final Rulemaking published at 55 DCR 12494 (December 12, 2008).