News Stories
Sponsored by Earth Etch. Regulatory insight and compliance solutions for today’s energy markets.
Comment Filed Re: Refund Authority and Prohibition on Retroactive Ratemaking
On July 20, 2026 parties filed briefs on District of Columbia PSC’s refund authority and the “functional prospectivity exception” to the prohibition on retroactive ratemaking .
OPC “submits that the issues that the Commission seeks briefing on are not clearly delineated” in its order with respect to the exception, and ” maintains that the current rates charged for distribution service by [Pepco] are currently unlawful”; and
Apartment and Office Building Association: (i) “agrees with OPC that ‘…neither the filed rate doctrine nor the rule against retroactive ratemaking would preclude refunds when issued pursuant to a Court decision vacating an agency order’.”
On June 2oth OPC also filed a notice of petition for review with the District of Columbia’s Court of Appeals.
Among other things, OPC: (1) argues that DCPSC’s 5/8/26 and 6/30/26 orders ignore the effect of the Court’s 3/5/26 decision; and (2) said that it “is concurrently filing a related petition for review and will be filing a motion to consolidate, a motion for summary disposition or expedited briefing schedule, and a motion for stay of all challenged orders.”
Previously on July 10, 2026 Pepco filed a letter on the settlement and stipulation conference noting that, “[a]t this time, the parties did not reach resolution but agreed to continue discussions.”
