Section 121.8. Enforcement of LTIIP implementation

(a) A utility with a Commission-approved LTIIP is obligated to comply with the infrastructure replacement schedule and elements of that LTIIP. Compliance with the LTIIP will be evaluated on a multiyear basis over the life of the LTIIP. Construction expenditure variations in individual years and minor changes or deviations from the Commission-approved LTIIP may not be the basis for an enforcement complaint.

(b) A Commission-approved LTIIP may be subject to enforcement complaints brought by statutory advocates and other interested persons. Enforcement complaints may be referred to the Office of Administrative Law Judge for hearings and a decision, as appropriate.

(c) The remedy for noncompliance with an approved LTIIP is the termination of the utility’s approved DSIC mechanism.