Sec.16-19d-3. Administrative proceeding

(a) The Department of Public Utility Control shall approve, deny or modify, in whole or in part, an application for determination that the promotion or marketing of particular equipment meets the eligibility criteria for cost recovery within one hundred twenty days, if practicable, from the date of such application.

(b) In making its determination, the Department shall take into account the requirements of subdivision (4) of subsection (b) of Section 16-19d of the General Statutes. In determining whether the equipment is efficient, the Department shall consider the Energy Efficient Rating or other accepted national standard for equivalent equipment using the same fuel at the time of the application, or other appropriate levels or standards for measuring efficiency of the equipment.

(c) A copy of each application shall be submitted by the applicant to each electric and gas company operating in the state, the Office of Consumer Counsel and the Policy Development and Planning Division of the Office of Policy and Management or their successor agencies. Each application shall contain certification of compliance with this section.

(d) The Department shall allow the opportunity for each electric and gas company to file written comments on each application, and shall designate any person deemed by it to be affected by the application to participate in the Department's review as an intervenor in accordance with the Department's rules of practice.

(e) Each company making application shall be responsible for all reasonable and proper expenses required by the Department and the Office of Consumer Counsel related to such application, including, but not limited to, the costs associated with analysis, testing, evaluation and testimony at a public hearing or other proceeding and shall pay such costs as directed by the Department.

(Effective May 22, 1992)