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PSC accepts multifamily EV charging tariff changes from Pepco and Delmarva, delays effective date to April 1, 2025; sales tax question pending
Summary
The Public Service Commission accepted tariff filings from Potomac Electric Power Company (Pepco) and Delmarva Power and Light Company to enable separately metered multifamily EV charging with TOU and non-TOU options, set an effective date of April 1, 2025 to allow billing updates, and noted a pending comptroller determination on sales and use tax treatment.
The Public Service Commission voted Dec. 4 to accept tariff revisions from Potomac Electric Power Company (Pepco) and Delmarva Power and Light Company (DPL) that implement directives from the commission's Order No. 91339 (Case No. 9478) to allow separately metered electric vehicle charging at multiunit dwellings to qualify for residential time-of-use (TOU) or non-TOU rates without a demand charge. The commission set the tariff effective date as April 1, 2025 to allow the utilities time to update billing systems.
"On 10/31/2024, Pepco and DPL filed revisions to their tariffs in order to comply with Order No. 91339," Drew McAuliffe, speaking on behalf of staff, told the commissioners, and staff recommended an April 1, 2025 effective date to accommodate necessary billing updates. McAuliffe also told the commission that staff had reached out to the comptroller about sales and use tax treatment and had not yet received a response.
Asked whether the comptroller's eventual guidance could require tariff changes, a commissioner asked if utilities would need to alter their approach. McAuliffe said the utilities "are not gonna charge the sales and use tax" to these customers as currently structured and explained that, under the tax law cited by staff, a residential rate schedule generally should not be subject to sales and use tax; the utilities would follow any direction issued by the comptroller and make tariff changes if required.
Taylor Beckham, representing Pepco and DPL, said the companies "agree with Mr. McAuliffe's recommendation and assessment," and that tax experts for the companies currently view the multiunit charging load as residential, meaning they do not expect to charge sales and use tax; they will reevaluate if the comptroller advises otherwise.
The chair moved to accept the filings with an effective date of April 1, 2025; Commissioners Sutchman, Barbet and Richard voted "Aye."
