For the purposes of this chapter, the term: “Ancillary agreement” means any bond insurance policy, letter of credit, reserve account, surety bond, swap arrangement, hedging arrangement, liquidity or credit support arrangement, or other similar arrangement designed to promote the credit quality and marketability of the Bonds or to mitigate the risk of an increase in interest rates. “Authorized delegate” means the City Administrator, the Chief Financial Officer, the Treasurer, the Deputy Mayor for Planning and Economic Development, or any officer or employee of the executive office of the Mayor to whom the Mayor has delegated any of the Mayor’s functions under this chapter pursuant to § 1-204.22(6) and who has been designated as an authorized delegate for purposes of this chapter. “Bonds” means the revenue Bonds, notes, or other obligations (including refunding Bonds, notes, and other obligations), in one or more series, authorized to be issued pursuant to this chapter. “Bond counsel” means a firm or firms of attorneys designated as bond counsel from time to time by the Mayor. “Chief Financial Officer” means the Chief Financial Officer of the District of Columbia. “Closing documents” means all documents and agreements other than financing documents that may be necessary and appropriate to issue, sell, and deliver the Bonds contemplated thereby, and includes agreements, certificates, letters, opinions, forms, receipts, and other similar instruments. “Commission” means the Public Service Commission of the District of Columbia as it may be constituted from time to time and any successor agency exercising the same or similar functions. “Debt service” means payment of principal, premium, if any, and interest on the Bonds. “Distribution service customer class cost allocations” means the allocation of the electric company’s revenue requirement to each customer rate class on the basis of the total rate class distribution service revenue minus the customer charge revenue. “DDOT” means the District Department of Transportation. “DDOT Underground Electric Company Infrastructure Improvements” means underground conduits and duct banks for the distribution of electricity within the District, electrical vaults, manholes, transformer pads, and similar facilities, including facilities ancillary to the foregoing, designed by the electric company, constructed or to be constructed by DDOT, and transferred to, owned, and maintained by the electric company after certain inspections and approvals by the electric company for the exclusive use of the electric company in the distribution of electricity within the District. “DDOT Underground Electric Company Infrastructure Improvement Activity” means the civil engineering for and the construction and installation of DDOT Underground Electric Company Infrastructure Improvements. “DDOT Underground Electric Company Infrastructure Improvement Annual Revenue Requirement” means that amount of revenue required by the District to pay the financing costs, to fund any required reserves with respect to the Bonds and to maintain any coverage ratios required by the financing documents. “DDOT Underground Electric Company Infrastructure Improvement Charge” means a non-bypassable adjusting surcharge, which surcharge shall be adjusted periodically, as set forth in the pertinent financing order, collected by the electric company in an agency capacity, and paid by certain customers of the electric company pursuant to a financing order issued by the Commission for the payment of financing costs of Bonds issued by the District pursuant to this chapter and the cost of the Commission’s financial advisor, which surcharge shall be calculated to ensure timely recovery of amounts sufficient to provide timely payment of the scheduled principal of and interest on the pertinent Bonds and all other financing costs contemplated by the financing order, whether or not the DDOT Underground Electric Company Infrastructure Improvements are constructed. “DDOT Underground Electric Company Infrastructure Improvement Costs” means any cost incurred by DDOT, including capitalized costs relating to an underground electric plant, capitalized costs associated with design and engineering work, expenses that DDOT incurs for the development of annual construction plans, and other expenses incurred or expected to be incurred by or for the account of DDOT in undertaking DDOT Underground Electric Company Infrastructure Improvement Activity, including preliminary expenses and investments and other costs that reasonably may be incurred in support of the DDOT Underground Electric Company Infrastructure Improvement Activity. “DDOT Underground Electric Company Infrastructure Improvement Fund” means the fund established by § 34-1312.01 . “DDOT Underground Electric Company Infrastructure Improvement Property” means the property rights and interests created in the District pursuant to this chapter and the pertinent financing order, including, without limitation, the right, title, and interest in and to: The DDOT Underground Infrastructure Improvement Charges, as the same may adjusted from time to time in accordance with procedures established in the pertinent financing order; All revenues, collections, claims, payments, money, or proceeds of or arising from the DDOT Underground Infrastructure Improvement Charges including DDOT Underground Electric Company Infrastructure Improvement Revenue or constituting DDOT Underground Infrastructure Improvement Charges, regardless of whether such revenues, collections, claims, payments, money, or proceeds are billed, received, or maintained together with or commingled with other revenues, collections, claims, payments, money, or proceeds; and All rights to obtain adjustments to the DDOT Underground Infrastructure Improvement Charges. “DDOT Underground Electric Company Infrastructure Improvement Revenue” means the aggregation of receipts, collections, payments, moneys, claims, or other proceeds derived from DDOT Underground Electric Company Infrastructure Improvement Charges. “Electric company” shall have the same meaning as provided in § 34-207 and as used in this chapter shall mean the Potomac Electric Power Company, and its permitted successors and assigns. “Electric Company Infrastructure Improvements” means underground electrical cable, fuses, switches, transformers, and ancillary facilities, including above-ground pad-mounted transformers, and other equipment, constructed or to be constructed by the electric company, including the electric company’s portion of conduit not included in DDOT Underground Electric Company Infrastructure Improvements that is required in conjunction with constructing and operating new underground facilities to be used for the distribution of electricity, but does not include the construction of a new underground electric plant when the costs associated with the construction and operation of such an underground electric plant, including capital costs, are to be recovered through rates, as approved by the Commission pursuant to § 34-901 and not through the DDOT Underground Electric Company Infrastructure Improvement Charges or Underground Project Charges. “Electric Company Infrastructure Improvement Activity” means the civil and electrical engineering for, and acquisition, construction and installation of, Electric Company Infrastructure Improvements and the removal of overhead electric distribution facilities no longer used, or useful, in providing electric distribution service in the District due to the construction of Electric Company Infrastructure Improvements. “Electric Company Infrastructure Improvement Costs” means any costs incurred by the electric company, including the amortization of regulatory assets and capitalized costs relating to electric plant including depreciation expense and design and engineering work incurred, or expected to be incurred, by the electric company in undertaking Electric Company Infrastructure Improvement Activity, and the unrecovered value of electric company property that is retired, together with any demolition cost or similar cost that exceeds the salvage value of the property. The term includes preliminary expenses and investments associated with Electric Company Infrastructure Improvement Activity that are incurred by the electric company prior to receipt of an order applicable to costs incurred with respect to the Electric Company Infrastructure Improvement Activity in addition to expenses that may be incurred for development of annual construction plans, customer communication, and other expenses that may develop in support of the Electric Company Infrastructure Improvement Activity. “Electric Company Infrastructure Improvement Revenue” means the aggregation of receipts, collections, payments, moneys, claims, and other proceeds derived from Underground Project Charges. “Electric plant” shall have the same meaning as provided in § 34-206 . “Financial advisor” means an entity whose services are retained by the Commission to assist the Commission in the issuance, amendment, or administration of a financing order. “Financing costs” means the costs to issue, service, repay, or refinance Bonds issued under this chapter, whether incurred upon issuance of or over the life of the Bonds, and approved for recovery in the pertinent financing order. Without limitation, “Financing Costs” may include, as applicable: Debt service on Bonds; Any payment required under an ancillary agreement and any amount required to fund or replenish a debt service reserve account or other account established under any indenture, trust agreement, ancillary agreement, or other financing document relating to the Bonds; Any federal, state, or local taxes, payments in lieu of taxes, franchise fees, or license fees imposed on DDOT Underground Electric Company Infrastructure Improvement Revenues; and Any cost related to issuing the Bonds, administering and servicing DDOT Underground Electric Company Infrastructure Improvement Property and the Bonds, including, without limitation, costs of calculating adjustments of the DDOT Underground Electric Company Infrastructure Improvement Charge, servicing fees and expenses, trustee fees and expenses, legal fees and expenses, accounting fees and expenses, administrative fees and expenses, placement fees, underwriting fees, fees and expenses of the District’s or the Commission’s advisors and outside counsel, if any, rating agency fees, and any other related cost. “Financing documents” means the documents other than closing documents that relate to the financing or refinancing of transactions to be affected through the issuance, sale, and delivery of the Bonds, including any required collection agreement, indenture, offering document, ancillary agreement, and any required supplements to any such documents. “Financing order” means an order of the Commission pursuant to this chapter that grants, in whole or in part, an application filed pursuant to this chapter by the electric company and that, among its other provisions, authorizes the creation of the DDOT Underground Electric Company Infrastructure Improvement Property and the imposition and periodic true-up of DDOT Underground Electric Company Infrastructure Improvement Charges. “Gas company” shall have the same meaning as provided in § 34-209 and as used in this chapter shall mean the Washington Gas Light Company, and any successor thereto. “Gas plant” shall have the same meaning as provided in § 34-210 . “Home Rule Act” means Chapter 2 of Title 1 [ § 1-201.01 et seq.]. “Indenture” means the trust indentures (including a master trust indenture and any supplemental trust indenture) pursuant to which one or more series of the Bonds are issued pursuant to this chapter. “Lateral feeder” means a 1-kV to 35-kV (phase-to-phase) line tapped off of a distribution mainline primary feeder for supplying loads, which may be protected by a fuse at the interconnection point to the mainline primary feeder, and may have one phase, 2 phases, or 3 phases. “Mainline primary feeder” means a 1-kV to 35-kV (phase-to-phase) distribution line originating at the substation distribution bus that supplies lateral feeders and distribution transformers that convert voltage to customer service levels, which are normally 3-phase circuits. “Mayor” means the Mayor of the District of Columbia or an Authorized Delegate. “Ongoing financing costs” means financing costs that are not upfront financing costs and any upfront financing costs not paid from the proceeds of Bonds. “OPC” means the Office of the People’s Counsel for the District of Columbia and any successor thereto. “Public Utilities Commission Act” means Subtitle I of Title 34 [ § 34-101 et seq.]. “Secondary feeder” means the portion of an electric distribution circuit originating at the low-voltage secondary winding of a distribution transformer and transmitting power at customer service voltage levels to interconnect with a customer service drop line, which has voltages less than 1000 V, often 480/277 V, 208/120 V, or 120/240 V and can be single phase or 3 phase. “Servicing agreement” means an agreement between the District and the electric company relating to the collection and remittance of the DDOT Underground Electric Company Infrastructure Improvement Revenue. “Trustee” means a trustee under any indenture. “Underground Infrastructure Improvement Projects Plan” means a construction plan prepared by DDOT and the electric company that identifies DDOT Underground Electric Company Infrastructure Improvement Activity and the Electric Company Infrastructure Improvement Activity to be undertaken. “Underground Project Charge” means an annually adjusted surcharge paid by certain customers of the electric company for its recovery of the Electric Company Infrastructure Improvement Costs, together with the electric company’s rate of return as approved by the Commission. “Upfront financing costs” means the expenses associated with the structuring, marketing, and issuance of the Bonds, including, but not limited to, the funding of one or more debt service reserve funds, but not including scheduled debt service or other ongoing financing costs to the extent such ongoing financing costs are payable from DDOT Underground Electric Company Infrastructure Improvement Revenue.
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