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Commission Denies Motion for Reconsideration in PEPCO’s Rate Case
On July 30, 2026, the District of Columbia Public Service Commission issued an order denying OPC’s application for reconsideration in PEPCO’s rate case.
Among other things, the Commission said that: (1) the order at issue was not a final order, “a jurisdictional prerequisite for review by the D.C. Court of Appeals,” and that while the D.C. Commission has “inherent authority to reconsider our orders in the course of a proceeding whenever we think reconsideration is warranted… OPC fails to identify any errors of law or fact warranting reconsideration”; and (2) regarding OPC’s argument that “long-standing precedent permits the Commission to issue refunds when a reviewing court has reversed or vacated a Commission order” and that D.C. Commission may anyway “implement remedies necessary to effectuate a judicial reversal, especially when failing to do so would, in OPC’s opinion, violate the filed rate doctrine and the prohibition against retroactive ratemaking.” The Commission noted that “[t]here are two periods at issue here, which may be subject to different analyses: from January 1, 2025, the date that the rates in Order No. 22328 went into effect; and from May 8, 2026, the date the interim rate went into effect” and said that “the parties should have an opportunity to provide further legal briefing before” it decides whether either fits “within a ‘functionally prospective’ exception to the retroactive ratemaking.”
On June 30, 2026, the Commission also issued an order granting in part and denying in part Joint Movants June 15th motion for enlargement of time for the purposes of amending the schedule. The order (1) “finds it appropriate to modify the post-hearing briefing deadline to 21 days,” given the extent of the evidentiary record; and (2) otherwise said that “the mere filing of an application for reconsideration does not alter the scope of the proceeding” and “Speculation regarding potential outcomes of OPC’s Application does not constitute good cause to enlarge the schedule.”
On June 30th Pepco filed its BSA monthly update and its quarterly ROR report.
Settlement and stipulation conference was scheduled July 9, 2026.
