APT. & OFFICE BLDG ASSN. v. PUB. SVC COMMN

No. 18-AA-275.

203 A.3d 772 (2019)

APARTMENT AND OFFICE BUILDING ASSOCIATION OF METROPOLITAN WASHINGTON, Petitioner, v. PUBLIC SERVICE COMMISSION OF the DISTRICT OF COLUMBIA, Respondent, and The District of Columbia, The People's Counsel of the District of Columbia, and Potomac Electric Power Company, Intervenors.

District of Columbia Court of Appeals.

Decided March 7, 2019.


Attorney(s) appearing for the Case

Excetral K. Caldwell , with whom Frann G. Francis was on the brief, for petitioner.

Naza N. Shelley , with whom Christopher G. Lipscombe and Richard S. Herskovitz , Washington, were on the brief, for respondent.

James C. McKay, Jr. , Senior Assistant Attorney General, with whom Karl A. Racine , Attorney General for the District of Columbia, Loren L. AliKhan , Solicitor General, and Stacy L. Anderson , Acting Deputy Solicitor General, were on the brief, for the District of Columbia, intervenor.

Zachary C. Schauf , with whom Wendy E. Stark , Kim Hassan , Andrea H. Harper , Dennis P. Jamouneau , and David W. DeBruin , Washington, were on the brief, for Potomac Electric Power Company, intervenor.

Sandra Mattavous-Frye , People's Counsel, Karen R. Sistrunk , Deputy People's Counsel, and Travis R. Smith, Sr. , Trial Supervisor, filed a statement in lieu of brief.

Kristi Singleton was on the brief for amicus curiae, General Services Administration, in support of petitioner.

Before Fisher and Thompson, Associate Judges, and Greene, Senior Judge of the Superior Court of the District of Columbia.


Several powerful storms hit the District of Columbia area between 2003 and 2012, causing significant damage to the electrical distribution system and leaving many customers without power for long periods of time. A task force created in 2013 concluded that the frequency of power outages would decrease and consumers of electricity...

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