PR 24-0835 — Public Service Commission Member Qualifications Emergency Declaration Resolution of 2022

________________________________ENROLLED ______________________________ORIGINAL CouncilmemberA CharlesRESOLUTION Allen24-542 CouncilmemberIN Mary.THE COUNCIL OF THE DISTRICT OF COLUMBIA June 28, 2022 To declare the existence of an emergency with respect to the need to amend An Act Making appropriations to provide for the expenses of the government of the District of Columbia for the fiscal year ending June thirtieth, nineteen hundred and fourteen and for other purposes to set qualifications for the first member of the Public Service Commission nominated after July 1, 2022.

M Cheh 4 ________________________________ ______________________________ Councilmember Janeese Lewis George Councilmember Elissa Silverman 8 ______________________________ Councilmember Brooke Pinto A PROPOSED RESOLUTION _________________ IN THE COUNCIL OF THE DISTRICT OF COLUMBIA ______________ To declare the existence of an emergency with respect to the need to amend An Act Making appropriations to provide for the expenses of the government of the District of Columbia for the fiscal year ending June thirtieth, nineteen hundred and fourteen and for other purposes to set qualifications for the first member of the Public Service Commission nominated after July 1, 2022.

(b) With the advent of large-and-small scale solar systems,systems and the widespread growth of wind and other renewable energy resources, traditional public electric utilities no longer serve as the sole energy providers for retail consumers;

As energy resources, these entities also fall under the jurisdiction of the PSC, creating competition in a field that,that for much of the last hundred years,years had functionally operated under a monopoly.

Under the ENROLLED ORIGINAL CleanEnergy DC Amendment Act of 2018 and related legislation, the PSC is tasked with several mandates and provided extensive authority to advance policies and programs that will help the District meet these climate and resiliency goals.

The most recent report from the Intergovernmental Panel on Climate Change says that global warming of up to 2 degrees Celsius is likely without “deep reduction in CO2andCO a2d other greenhouse gas emissions.” As the PSC works with the Council and the Mayor to aggressively expand clean energy use in the District, it is essential that the Commission has a deep understanding and appreciation for the direct relationship between energy policy and the District’s climate goals.

(f)(e) On December 3, 2021, former-PSC Chairman Willie Phillips was sworn in as a commissioner of the Federal Energy Regulatory Commission, creating a vacancy at the Public Service Commission.

Over the past several years, the Council has raised concerns regarding the qualifications of certain Mayoralmayoral nominees to serve on the PSC, including questions about what expertise is most necessary for potential Commissioners, given the scant guidance in the statute.

Specifically, that legislation required that the next 2 seats on the Commission be filled with an individual with experience in electric grid modernization and renewable energy integration or technology and an individual with experience in consumer protection.

On November 2, 2021, the Council approved the Public Service Commission Member Qualifications Temporary Amendment Act of 2021, ENROLLED ORIGINAL effective February 18, 2022 (D.C.

(g)(f) On October 1, 2022, the temporary act will expire, and with it, the requirement that nominees to the Commission meet certain experiential qualifications.

(h)(g) This legislation, however, differs somewhat from the emergency act and the temporary act.

That is because, on June 7, 2022, the Council approved the Public Service Commission Emile Thompson Confirmation Resolution of 2022, effective June 7, 2022 (Res.

(i)(h) Of note, the confirmation resolution approved by the Council at its June 7, 2022, legislative meeting designated Chairperson Thompson as the member with expertise in electric grid modernization and renewable energy integration or technology.

Given the importance of having a ENROLLED ORIGINAL Commissioner with expertise in electric grid modernization and renewable energy integration or technology, this legislation would make clear the next new member appointed to the Commission after July 1, 20222022, have that experience.