26 Del. C. § 215 — Delaware Code / Title 26 / Chapter 1 / Subchapter II / Section 215
§ Â
        215. Merger, mortgage or transfer of property; issuance of securities; assumption of obligation of another; transfer of control; exceptions.
Status: in_force

(a) No public utility, without having first obtained the approval of the Commission, shall:

(1) Directly or indirectly merge or consolidate with any other person or company, or sell, lease, assign, or mortgage except by supplemental indenture in accordance with the terms of a mortgage outstanding September 1, 1949, or otherwise dispose of or encumber any essential part of its franchises, plant, equipment or other property, necessary or useful in the performance of its duty to the public; or

(2) Issue any stocks, stock certificates, or notes, bonds or other evidences of indebtedness payable in more than 1 year from the date thereof; or

(3) Assume any obligation or liability as guarantor, endorser, surety or otherwise in respect of any security of any other person or corporation, payable or maturing more than 1 year after the date of such issue or assumption of liability.

(b) No individual, group, syndicate, general or limited partnership, association, corporation, joint stock company, trust or other entity, whether or not organized under the laws of this State, shall acquire control, either directly or indirectly, of any public utility doing business in this State, without having first obtained the approval of the Commission. Any such acquisition of control without such prior authorization shall be void and of no effect. As used herein the term “control” means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of a public utility, whether through the ownership of voting securities, by effecting a change in the composition of the board of directors, by contract or otherwise. Control shall be presumed to exist if any such individual or entity, directly or indirectly, owns 10% or more of the voting securities of the public utility. This presumption may be rebutted by a showing that such ownership does not in fact confer control.

(c) Application for any such approval or authorization shall be made to the Commission in writing, verified by oath or affirmation, and be in such form and contain such information as the Commission requires.

(d) The Commission shall approve any such proposed merger, mortgage, transfer, issue, assumption or acquisition when it finds that the same is to be made in accordance with law, for a proper purpose and is consistent with the public interest. The Commission may make such investigation and hold such hearings in the matter as it deems necessary, and thereafter may grant any application under this section in whole or in part and with such modification and upon such terms and conditions as it deems necessary or appropriate. The Commission shall grant, modify, refuse or prescribe appropriate terms and conditions with respect to every such application within 30 days after the filing of the application therefor, except that with respect to any application filed under subsection (b) hereof, if the Commission gives notice to the parties of a hearing to be held by the Commission with respect to the application and the hearing is commenced within such 30 days or on a date mutually acceptable to the Commission and the parties, the Commission shall have 30 days after the submission of the hearing examiner’s report or recommended decision within which to render its decision. In the absence of any such action within such period of time, any such proposed merger, mortgage, transfer, issue, assumption or acquisition shall be deemed to be approved.

(e) (1) Any public utility may satisfy the requirements of paragraphs (a)(2) and (3) of this section by filing with the Commission a statement of a financing plan stating in detail:

a. Those issuances or assumptions described in paragraphs (a)(2) and (3) of this section that it intends to make within 3 years following the filing; and

b. The anticipated times thereof; and

c. The anticipated costs thereof; and

d. The anticipated capitalization ratios for the public utility during that period; and

e. Such other information as the Commission may require.

(2) The Commission shall review the plan for consistency with efficient and reasonable financing principles. The Commission may make such investigation and hold such hearings in the matter as it deems necessary, and thereafter may approve the plan in whole or in part with such modification and upon such terms and conditions as it deems appropriate. The Commission shall approve any financing plan when the proposed financings are to be made in accordance with law, for proper purposes and are consistent with the public interest. The Commission may require the filing of periodic reports as to the action taken pursuant to the plan. The Commission shall approve, modify, refuse or prescribe appropriate terms and conditions with respect to any such plan within 60 days of its filing. In the absence of such action within such period of time, the proposed plan shall be deemed to be approved as filed as if the Commission itself had acted favorably thereon. The public utility may then, without further application to the Commission, make any issuance or assumption approved by the Commission.

(3) Thereafter, the public utility may file an application for approval of an amendment to an approved plan or for approval of a substitute for an approved plan, which application will be reviewed under the criteria and by the procedures provided therein for review of and action on a filing of a financing plan except that the period of review shall be 30 days. In the absence of action by the Commission within such period of time, the amendment or substitute shall be deemed to be approved.

(f) Subsection (b) of this section shall not apply to any acquisition of control of any public utility which derives a greater percentage of its gross revenue from business in another jurisdiction than from business in this State if the Commission determines that the other jurisdiction has statutes or rules which are applicable and are being applied and which afford protection to ratepayers in this State substantially equal to that afforded such ratepayers by this section. For purposes of this subsection, the term “gross revenue” is used as that term is used in § 115(c) of this title, except that in defining gross revenue derived from business in another jurisdiction, the name of the appropriate regulatory agency or agencies established by such other jurisdiction for the regulation of public utilities shall be substituted for “the Public Service Commission” in § 115(c)(1) of this title and for “the Commission” in § 115(b) of this title.

(g) Nothing contained in this section shall be construed in any way to prevent the sale or lease or other disposition of any public utility of any of its property in the ordinary course of its business.

(h) Notwithstanding any other provision of law, Commission approval is not required for any reorganization or merger of public utility companies providing telecommunications services, including a mortgage or transfer of property, issuance of securities, assumption of obligation of another, or transfer of control of a service provider governed under this subchapter.
26 Del. C. § 112 — Delaware Code / Title 26 / Chapter 1 / Subchapter I / Section 112
§ Â
        112. Copies of official documents and orders.
Status: in_force

Copies of all official documents and orders filed or deposited in the office of the Commission, certified by the Chairman or the secretary to be true copies of the original and given under the official seal of the Commission, shall be evidence in like manner as the original in all courts of this State. Such charges may be taxed and collected for such copies as are taxed and collected for like services in the Superior Court of this State.
26 Del. C. § 351 — Delaware Code / Title 26 / Chapter 1 / Subchapter III-A / Section 351
§ Â
        351. Short title; declaration of policy.
Status: in_force

(a) This subchapter shall be known and may be cited as the “Renewable Energy Portfolio Standards Act.”

(b) The General Assembly finds and declares that the benefits of electricity from renewable energy resources accrue to the public at large, and that electric suppliers and consumers share an obligation to develop a minimum level of these resources in the electricity supply portfolio of the state. These benefits include improved regional and local air quality, improved public health, increased electric supply diversity, increased protection against price volatility and supply disruption, improved transmission and distribution performance, and new economic development opportunities.

(c) It is therefore the purpose and intent of the General Assembly in enacting the Renewable Energy Portfolio Standards Act to establish a market for electricity from these resources in Delaware, and to lower the cost to consumers of electricity from these resources.
26 Del. C. § 203A — Delaware Code / Title 26 / Chapter 1 / Subchapter II / Section 203A
§ Â
        203A. Certificate of public convenience and necessity; abandonment or discontinuance of business, operations or service.
Status: repealed

(a) (1) Subject to the provisions of subsection (b) of this section and §§ 102, 201, 202 and Chapter 10 of this title, and excluding electric suppliers, no individual, copartnership, association, corporation, joint stock company, agency or department of the State, cooperative, or the lessees, trustees or receivers thereof, shall begin the business of a public utility nor shall any public utility begin any extension of its regulated public utility business or operations without having first obtained from the Commission a certificate that the present or future public convenience and necessity requires or will require the operation of such regulated public utility business or extension.

(2) Notwithstanding any other provision of law, no Commission approval shall be required for any transfer of a certificate of public convenience between public utility companies providing telecommunications services that operate under common ownership.

(3) This section shall not be construed to require any public utility to secure such a certificate for any construction, modifications, upgrades or extensions within the perimeter of any territory already served by it.

(4) The Commission, after hearing, on the complaint of any public utility claiming to be adversely affected by any proposed extension, may make such order and prescribe such terms and conditions with respect to the proposed extension as may be required by the public convenience and necessity.

(b) (1) If any individual, copartnership, association, corporation, joint stock company, agency or department of the State, cooperative, or the lessees, trustees or receivers thereof (or the predecessor in interest of any such person, party or legal entity), was in bona fide operation within this State on June 28, 1974, of any electronic communication in whole or in part by wire (other than telephone, including domestic public land mobile radio or telegraph service, system, plant or equipment) including, but not limited to, cable television service, system, plant or equipment, for public use, the Commission shall issue a certificate of public convenience and necessity authorizing such person, party or legal entity without further proceedings to continue operating the said service, system, plant or equipment, to the same extent as said operations were being operated on June 28, 1974, such certificate to identify by number and date of issuance the certificate under which the applicant is carrying on such operation, if the application for such certificate of public convenience and necessity is filed with the Commission on a form approved by the Commission within 120 days after June 28, 1974. Pending the determination of any such application the continuance of such operation without a certificate of public convenience and necessity shall be lawful.

(2) Interruptions of service in such operations over which such person, party or legal entity, or the predecessor in interest thereof, had no control, shall not be considered in determining whether or not there has been an abandonment of any such operations.

(3) In issuing any certificate of public convenience and necessity under this subsection, the Commission, in its discretion, may define or limit the territory or territories in this State within which the activities authorized by the certificate may be conducted, but in no case shall such territory or territories be smaller than the territory or territories in this State in which the applicant was in actual bona fide operation on June 28, 1974.

(4) The application for a certificate of public convenience and necessity under this subsection shall be verified and shall contain such information as the Commission deems necessary to show that the applicant was not engaged merely in isolated, incidental, intermittent, sporadic and infrequent operations.

(5) The Commission may adopt and approve such forms as it deems necessary for this purpose.

(c) A public utility that provides telecommunications services may abandon or discontinue, in whole or in part, the provision of any competitive retail telecommunications services; provided, however, that such utility shall provide the Commission with contemporaneous notice of abandonment or discontinuance of all of its competitive retail telecommunications services in the State.

(d) (1) Subject to the provisions of Chapter 10 and § 706(c) of this title and excluding electric suppliers, no public utility shall abandon or discontinue, in whole or in part, any regulated public utility business, operations or services provided under a certificate of public convenience and necessity or otherwise which are subject to jurisdiction of the Commission without first having received Commission approval for such abandonment or discontinuance.

(2) Applications for such approval shall be made to the Commission in writing, verified by oath or affirmation and be in such form and contain such information as the Commission may from time to time require.

(3) The Commission shall approve any such application when it finds that the utility has met its burden of proving that the abandonment or discontinuance is reasonable, necessary and not unduly disruptive to the present or future public convenience and necessity.

(4) The Commission may make such investigation and hold such hearings in the matter as it deems necessary or appropriate, and may attach reasonable terms and conditions to the granting of such approval.

(5) If, within 60 days after the filing of such application, the Commission has not acted concerning the application, it shall be deemed to have been approved. The Commission may, within such 60-day period, set the matter for hearing, in which event the Commission shall render a decision concerning said application within 7 months from the date such application was filed or the application shall be deemed in fact and law to be approved, unless within said 7-month period the Commission for good cause shown shall enter an order extending the period for decision for a further reasonable time not to exceed 120 days.

(6) Nothing contained in this section shall be construed to require formal application for approval of abandonment or discontinuance of service to any individual customer or customer class where the basis for such abandonment or discontinuance is nonpayment of bills or other violation of the utility’s rules, regulations and tariffs.

(7) The Commission may seek injunctive relief in the Court of Chancery to prevent any abandonment in violation of this subsection and in such proceeding shall not be required to post security for any temporary or preliminary injunction.

(e) As of the implementation dates specified in § 1003(b)(1) and (2) of this title (repealed), nothing contained in this section shall be construed to require application for approval of the abandonment or discontinuance of service by an electric supplier.
26 Del. C. § 362 — Delaware Code / Title 26 / Chapter 1 / Subchapter III-A / Section 362
§ Â
        362. Rules and regulations.
Status: repealed

(a) The Commission shall adopt rules and regulations necessary to implement the provisions of this subchapter as it applies to retail electricity suppliers. The Commission shall make its regulations as consistent as possible with those of other states in the region with similar requirements in order to minimize the compliance burdens imposed by this subchapter and in order to avoid duplication of effort.

(b) [Repealed.]
26 Del. C. § 104 — Delaware Code / Title 26 / Chapter 1 / Subchapter I / Section 104
§ Â
        104. Removal of Commissioner.
Status: in_force

The Governor, with the advice and consent of the Senate, may remove any member of the Commission for neglect of duty or misconduct in office, giving to the member a copy of the charges against such person and affording an opportunity of being publicly heard in person or by counsel, upon 10 days’ notice.
26 Del. C. § 360 — Delaware Code / Title 26 / Chapter 1 / Subchapter III-A / Section 360
§ Â
        360. Renewable energy trading.
Status: in_force

(a) A retail electricity supplier or municipal electric company may use accumulated renewable energy credits or solar renewable energy credits to meet the renewable energy portfolio standard established pursuant to this subchapter, and may sell or transfer any renewable energy credit or solar renewable energy credit not needed to meet said standards.

(b) An unused renewable energy credit or solar renewable energy credit shall exist for 3 years from the date created.

(c) The 3-year period referred in subsection (b) of this section above shall be tolled during any period that a renewable energy credit or solar renewable energy credit is held by the SEU as defined in § 8059 of Title 29.

(d) The Renewable Energy Taskforce shall be formed for the purpose of making recommendations about the establishment of trading mechanisms and other structures to support the growth of renewable energy markets in Delaware.

(1) The Taskforce shall comprise the following appointments:

a. Four appointments by the Secretary of DNREC, which shall include 1 representative from the renewable energy research and development industry, 1 representative from the local renewable energy manufacturing industry, and 1 representative from an environmental advocacy organization;

b. One appointment by the Commission;

c. One appointment by Delmarva Power & Light;

d. One appointment by the Delaware Electric Cooperative;

e. One appointment by municipal electric companies;

f. One appointment by the Sustainable Energy Utility;

g. One appointment by the Delaware Public Advocate; and

h. One appointment by the Delaware Solar Energy Coalition.

(2) The Taskforce shall be charged with making recommendations about and reporting on the following and matters related thereto:

a. Establishing balanced markets mechanisms for REC and SREC trading;

b. Establishing REC and SREC aggregation mechanisms and other devices to encourage the deployment of renewable, distributed renewable, and solar energy technologies, including community-owned energy generating facilities, in Delaware with the least impact on retail electricity suppliers, municipal electric companies and rural electric cooperatives;

c. After an analysis by the Taskforce, the annual progress towards achieving the minimum cumulative percentages for all renewable energy resources including, but not limited to, solar and other eligible energy resources and making appropriate recommendations based upon deliberate and factual analysis and study;

d. Minimizing the cost for complying with any portion of this subchapter based upon deliberate and factual analysis and study;

e. Establishing revenue certainty for appropriate investment in renewable energy technologies, including, but not limited to, consideration of long-term contracts and auction mechanisms;

f. Establishing mechanisms to maximize in-state renewable energy generation and local manufacturing;

g. Ensuring that residential, commercial, and utility scale photovoltaic and solar thermal systems of various sizes, including community-owned energy generating facilities, are financially viable and cost-effective investments in Delaware; and

h. Evaluating offshore wind contract solicitations, as set forth in paragraph (d)(4) of this section.

(3) The Taskforce shall be formed by October 26, 2010, and be staffed by the Delaware Energy Office. The Taskforce shall make recommendations to the Commission, the Secretary of DNREC, the Board of Directors for rural electric cooperatives, and the pertinent local regulatory authorities on the abovementioned subjects for their consideration. Upon making these recommendations, the Commission, DNREC, the Board of Directors for rural electric cooperatives, or the pertinent local regulatory authorities, as appropriate, shall promulgate rules and regulations, or adopt policies, based on the Taskforce findings.

(4) The Renewable Energy Taskforce shall evaluate offshore wind contract solicitations received from the State Energy Office pursuant to § 8056(d)(4) of Title 29 for consistency with the OSW solicitation requirements. The Renewable Energy Taskforce shall, within 60 days, provide to the State Energy Office:

a. A recommendation to proceed with the solicitation as presented; or

b. Recommendations on improvements to the solicitation.

The State Energy Office shall have sole discretion on whether to incorporate such recommendations into the offshore wind contract solicitation. If the State Energy Office has not received recommendations from the Renewable Energy Taskforce within 60 days, the State Energy Office may proceed with issuing the solicitation.
26 Del. C. § 1406 — Delaware Code / Title 26 / Chapter 14 / Section 1406
§ Â
        1406. Interconnections and wholesale bulk sales.
Status: in_force

(a) In order to ensure adequate supply to all consumers within the drought sensitive area during periods of anticipated or actual drought, the Commission has the jurisdiction and authority to order and direct a jurisdictional water utility to interconnect its facilities with those of other water utilities and to offer for sale to other utilities water supply at wholesale bulk rates previously approved by the Commission. The wholesale bulk rates must be based on the costs of service principles for the provision of the water supply. In making determinations concerning interconnection and wholesale sales, the Commission shall ensure that an interconnection or sale does not jeopardize the ability of the jurisdictional water utility to provide adequate supply to its own customers. For good cause, the Commission may order an interconnection on an expedited basis.

(b) In order to ensure adequate supply to all consumers within the drought sensitive area during periods of anticipated or actual drought, each nonjurisdictional utility shall, when reasonably necessary, interconnect its facilities with those of other water utilities and offer to sale to other water utilities water supply at just and reasonable wholesale bulk rates. The wholesale bulk rates must be based on the costs of providing the water supply. In interconnecting and offering for sale water supply, a nonjurisdictional water utility shall ensure that an interconnection or sale does not jeopardize the ability of the nonjurisdictional water utility to provide adequate supply to its own customers.

(c) The provisions of subsections (a) and (b) of this section do not preclude a water utility from otherwise contracting to provide water supply to other water utilities at just and reasonable wholesale bulk rates. However, in the case of a jurisdictional water utility, the wholesale bulk rates must be approved by the Commission.
26 Del. C. § 904 — Delaware Code / Title 26 / Chapter 9 / Subchapter I / Section 904
§ Â
        904. Number of telephones on 1 line; penalty.
Status: in_force

(a) No person or corporation operating, controlling or owning any telephone lines within this State known as party lines and for which the regular charge for separate telephones is at the rate of $20 or more per year shall have more than 8 telephones upon any 1 line.

(b) Whoever violates subsection (a) of this section shall be fined not less than $25 nor more than $100 for each offense.
26 Del. C. § 213 — Delaware Code / Title 26 / Chapter 1 / Subchapter II / Section 213
§ Â
        213. Notice and report of accidents; disclosure; admissibility as evidence.
Status: in_force

(a) The Commission may require every public utility to give immediate notice to the Commission of the happening of any accident in or about, or in connection with, the operation of its service and facilities, wherein any person has been killed or apparently injured, or where complaint of injuries has been made, and to furnish such full and detailed report of such accident within such time and in such manner as the Commission shall prescribe.

(b) The report required by subsection (a) of this section shall not be open for public inspection, except by order of the Commission, and shall not be admitted in evidence for any purpose in any suit or action for damages growing out of any matter or thing mentioned in such report.
26 Del. C. § 109 — Delaware Code / Title 26 / Chapter 1 / Subchapter I / Section 109
§ Â
        109. Disqualification for serving as member or employee of Commission.
Status: in_force

(a) No person shall be eligible for appointment to or shall hold the office of Commissioner, or be appointed by the Commission to hold any office or position under it, who is a director, officer or employee of any public utility or owns or directly or indirectly controls any stock of any public utility entitled to vote for election of directors.

(b) No Commissioner, and no employee, appointee or official engaged in the service of, or in any manner connected with the Commission shall hold any office or position, or be engaged in any business, employment or vocation, the duties of which are incompatible with the duties of the Commissioner’s office as Commissioner, or the Commissioner’s employment in the service or in connection with the work of the Commission.
26 Del. C. § 312 — Delaware Code / Title 26 / Chapter 1 / Subchapter III / Section 312
§ Â
        312. Action for refund of unauthorized rate increase.
Status: in_force

If the public utility fails to make refund within 90 days after the final determination by the Commission or by the court on appeal from the Commission’s order that the rate is excessive, any person entitled to such refund may sue therefor in any court of this State of competent jurisdiction and shall be entitled to recover, in addition to the amount of the refund due, all court costs and reasonable attorneys’ fees, but no action may be maintained for that purpose unless instituted within 2 years after such final determination. Any number of persons entitled to such refund may join as plaintiffs and recover their several claims in a single action, and in such action the court shall render a judgment severally for each plaintiff as each plaintiff’s interest may appear.
26 Del. C. § 313 — Delaware Code / Title 26 / Chapter 1 / Subchapter III / Section 313
§ Â
        313. Depreciation account.
Status: in_force

The Commission may, after hearing, by order in writing, require every public utility to carry a reasonable and adequate depreciation account in accordance with such rules, regulations, orders and forms of account as the Commission may prescribe. The Commission may, from time to time, ascertain and determine, and by order fix, the proper and adequate rates of depreciation of the several classes of property of each public utility or class of public utilities. Each public utility shall conform its depreciation accounts to the rates so ascertained, determined and fixed.
26 Del. C. § 212 — Delaware Code / Title 26 / Chapter 1 / Subchapter II / Section 212
§ Â
        212. Compliance with laws, ordinances and charter.
Status: in_force

The Commission may, after hearing, upon notice, by order in writing, require every public utility to comply with the laws of this State and any ordinance of any political subdivision thereof relating thereto, and to conform to the duties imposed upon it thereby or by the provisions of its own charter, whether obtained under any general or special law of any state.
26 Del. C. § 608 — Delaware Code / Title 26 / Chapter 1 / Subchapter VI / Section 608
§ Â
        608. Municipal franchises.
Status: in_force

The Commission may review any franchise now or hereafter granted by incorporated municipalities of this State which, on June 28, 1974, have the power either express or implied under their charters to grant franchises for a system for the construction or operation of cable television systems within their boundaries, and whenever the public interest requires, change or modify such franchise or the conduct of the franchisee thereunder so that such franchise or such conduct complies with the provisions of this subchapter governing franchises granted by the Commission. If such a municipality refuses to grant a franchise and the Commission finds that such refusal is not in the public interest, the Commission may award a franchise under this subchapter.
26 Del. C. § 356 — Delaware Code / Title 26 / Chapter 1 / Subchapter III-A / Section 356
§ Â
        356. Multiple credits for specific energy sources.
Status: in_force

(a) A retail electricity supplier or municipal electric company shall receive 300% credit toward meeting the minimum percentage from Eligible Energy Resources of Schedule I of the renewable energy portfolio standards established pursuant to this subchapter for energy derived from the following sources installed on or before December 31, 2014:

(1) Customer-sited solar photovoltaic physically located in Delaware; or

(2) A fuel cell powered by renewable fuels.

(b) A retail electricity supplier or municipal electric company shall receive 150% credit toward meeting the renewable energy portfolio standards established pursuant to this subchapter for wind energy installations sited in Delaware on or before December 31, 2012.

(c) A Commission-regulated electric company shall receive 350% credit toward meeting the renewable energy portfolio standards established pursuant to this subchapter for energy derived from off-shore wind energy installations sited off the Delaware coast on or before May 31, 2017.

(1) To be entitled to 350% credit, contracts for energy and renewable energy credits from such off-shore wind energy installations must be executed by Commission-regulated electric companies prior to commencement of construction of such installations.

(2) Commission-regulated electric companies shall be entitled to such multiple credits for the life of contracts for renewable energy credits from off-shore wind installations executed pursuant to this subsection.

(d) A retail electricity supplier shall receive an additional 10% credit toward meeting the renewable energy portfolio standards established pursuant to this subchapter for solar or wind energy installations sited in Delaware provided that a minimum of 50% of the cost of renewable energy equipment, inclusive of mounting components, are manufactured in Delaware.

(e) A retail electricity supplier shall receive an additional 10% credit toward meeting the renewable energy portfolio standards established pursuant to this subchapter for solar or wind energy installations sited in Delaware provided that the facility is constructed and/or installed with a minimum of 75% in-state workforce.
26 Del. C. § 605 — Delaware Code / Title 26 / Chapter 1 / Subchapter VI / Section 605
§ Â
        605. Additional powers of the Commission.
Status: in_force

In addition to its powers to issue franchises, the Commission has the power and jurisdiction to do all of the following:

(1) Conduct such investigations as may be necessary to determine compliance by a franchisee with this subchapter and the terms of any franchise granted;

(2) Prescribe a nonrefundable application fee in sufficient amount, but no more, to meet the costs necessary for processing the franchise applications;

(3) Examine, upon reasonable written notice and during regular business hours, subscriber lists, repair records, service complaints, and facilities and interview management personnel of all franchisees or applicants for franchises for the purpose of verifying applications or compliance with the terms of a franchise and of this subchapter;

(4) Intervene as a party in any action, in any court of competent jurisdiction, relating to the grant or performance of any franchise;

(5) Modify the terms of any franchise upon good cause shown by the franchisee;

(6) Adopt such regulations as the Commission may find are necessary or appropriate to implement any federal regulations or legislation governing the provision of cable television service. Regulations adopted pursuant to this authority shall supersede any inconsistent:

a. Franchise provisions, or

b. Sections of this subchapter.
26 Del. C. § 502 — Delaware Code / Title 26 / Chapter 1 / Subchapter V / Section 502
§ Â
        502. Investigation, inquiry or hearing conducted by examiner.
Status: in_force

In any investigation, inquiry or hearing, the Commission may designate any qualified officer or employee of the Commission as an examiner who may administer oaths, examine witnesses and receive evidence in any locality which the Commission, having regard to the public convenience and the proper discharge of its functions and duties, may designate. The testimony or evidence so taken or received shall have the same force and effect as if taken or received by the Commission, or by any 1 of the members thereof. Upon completion of such hearing or the taking of such testimony and evidence, the examiner shall submit to the Commission the examiner’s findings and recommendations thereon, which findings and recommendations shall be considered by the Commission and such action taken with respect thereto by the Commission as it decides to be proper.
26 Del. C. § 929 — Delaware Code / Title 26 / Chapter 9 / Subchapter III / Section 929
§ Â
        929. Customer protections.
Status: in_force

The Commission shall promulgate regulations governing the procedures to be followed by the customer and carrier in the event that a customer believes that the customer’s carrier has been changed without the customer’s authorization or has caused or allowed the customer to be billed for unauthorized charges and remedies available for violations of the subchapter.
26 Del. C. § 1001 — Delaware Code / Title 26 / Chapter 10 / Section 1001
§ Â
        1001. Definitions.
Status: in_force

As used in this chapter, unless the context otherwise requires:

(1) “Aggregator” means any person or entity who contracts with an electric distribution company, electric supplier or PJM Interconnection (or its successor) to provide energy services, which facilitate battery storage systems for grid-integrated electric vehicles and related technologies.

(2) “Ancillary services” means services that are necessary for the transmission and distribution of electricity from supply sources to loads and for maintaining reliable operation of the transmission and distribution system.

(3) “Broker” means a person or entity that acts as an agent or intermediary in the sale or purchase of, but that does not take title to, electricity for sale to retail electric customers.

(4) “Commission” means the Delaware Public Service Commission.

(5) “Community-owned energy generating facility” means a renewable energy generating facility, where the point of interconnection is located in the service area of a utility under the regulation of the Public Service Commission, that has multiple owners or customers who share the output of the generator, which may be located either as a stand-alone facility or behind the meter of a participating owner or customer. The facility shall be interconnected to the distribution system and operated in parallel with an electric distribution company’s transmission and distribution facilities.

(6) “DEC” means the Delaware Electric Cooperative and its successors.

(7) “Demand-side management” means cost effective energy efficiency programs that are designed to reduce customers’ electricity consumption, especially during peak periods.

(8) “Direct access” means the right of electric suppliers and their customers to use an electric distribution company’s transmission and distribution system on a nondiscriminatory basis at rates, terms and conditions of service comparable to the electric distribution company’s own use of the system to transmit or distribute electricity from any electric supplier to any customer.

(9) “Distribution facilities” means electric facilities located in Delaware that are owned by a public utility that operate at voltages of 34,500 volts or below and that are used to deliver electricity to customers, up through and including the point of physical connection with electric facilities owned by the customer.

(10) “Distribution services” means those services, including metering, relating to the delivery of electricity to a customer through distribution facilities.

(11) “DP&L” means Delmarva Power & Light Company and its successors.

(12) “Electric distribution company” means a public utility owning and/or operating transmission and/or distribution facilities in this State.

(13) “Electricity demand response” has the same definition set forth in § 1501 of this title.

(14) “Electric supplier” means a person or entity certified by the Commission that sells electricity to retail electric customers utilizing the transmission and/or distribution facilities of a nonaffiliated electric utility, including:

a. Municipal corporations which choose to provide electricity outside their municipal limits (except to the extent provided prior to February 1, 1999);

b. Electric cooperatives which, having exempted themselves from the Commission’s jurisdiction pursuant to §§ 202(g) and 223 of this title, choose to provide electricity outside their assigned service territories; and

c. Any broker, marketer or other entity (including public utilities and their affiliates).

(15) “Electric supply service” means the provision of electricity and related services to customers.

(16) “Fuel cell” means an electric generating facility that:

a. Includes integrated power plant systems containing a stack, tubular array, or other functionally similar configuration used to electrochemically convert fuel to electric energy, and

b. May include an inverter and fuel processing system or other plant equipment to support the plant’s operation or its energy conversion, including heat recovery equipment.

(17) “Grid-integrated electric vehicle” means a battery-run motor vehicle that has the ability for 2-way power flow between the vehicle and the electric grid and the communications hardware and software that allow for the external control of battery charging and discharging by an electric distribution company, electric supplier, PJM Interconnection, or an aggregator.

(18) “Integrated resource planning” means the planning process of an electric distribution company that systematically evaluates all available supply options, including but not limited to: generation, transmission and demand-side management programs, during the planning period to ensure that the electric distribution company acquires sufficient and reliable resources over time that meet its customers’ needs at a minimal cost.

(19) “Marketer” means a person or entity that purchases and takes title to electricity for sale to customers in this State.

(20) “Retail competition” means the right of a customer to purchase electricity from an electric supplier.

(21) “Retail electric customer” or “customer” means a purchaser of electricity for ultimate consumption and not for resale in this State, including the owner/operator of any building or facility, but not the occupants thereof, that purchases and supplies electricity to the occupants of such building or facility.

(22) “Returning customer service” means the electric supply service offered to customers with a peak monthly load of 1000 kW or more, which have left standard offer service as of April 30, 2007, and later decide to receive electric supply service from their electric distribution company. For purposes of determining customers eligible for returning customer service, peak monthly load shall be measured by the electric distribution company’s separate customer account, not by facility or service location or by customer, in aggregate or otherwise.

(23) “Standard offer service” means the provision of electric supply service after the transition period by a standard offer service supplier to customers who do not otherwise receive electric supply service from an electric supplier.

(24) “Standard offer service supplier” means the electric distribution company serving within its certificated service territory.

(25) “Transition period” means the period of time beginning with the implementation of retail competition and ending on the dates specified in § 1004 of this title.

(26) “Transmission facilities” means electric facilities located in Delaware, developed by public utilities or companies that are not public utilities, including those in offshore waters, and integrated with onshore electric facilities, and owned by a public utility that operate at voltages above 34,500 volts and that are used to transmit and deliver electricity to customers, including any customers taking electric service under interruptible rate schedules as of December 31, 1998, up through and including the point of physical connection with electric facilities owned by the customer. The term includes “offshore wind interconnection facilities” and “renewable energy interconnection facilities” as defined in § 203F of this title.

(27) “Transmission services” means the delivery of electricity from supply sources through transmission facilities.
26 Del. C. § 355 — Delaware Code / Title 26 / Chapter 1 / Subchapter III-A / Section 355
§ Â
        355. Renewable energy credits.
Status: in_force

(a) Energy sold or displaced by customer-sited generation on or after June 1, 2006, may be used to create and accumulate renewable energy credits for the purposes of calculating compliance with the renewable energy portfolio standards established pursuant to this subchapter.

(b) Energy production from customer-sited eligible energy resource may also be used to demonstrate compliance, provided that the facilities are physically located in Delaware.

(c) Aggregate generation from small eligible energy sources, 100 kilowatts of capacity or less, may be used to meet the requirements of Schedule I of § 354(a) of this title, provided that the generators or their agents document the level of generation, as recorded by appropriate metering and power sales, on an annual basis.
26 Del. C. § 113 — Delaware Code / Title 26 / Chapter 1 / Subchapter I / Section 113
§ Â
        113. Testimony by member, employee or investigator of Commission.
Status: in_force

No member, employee or investigator of the Commission shall be required to give testimony in any court suit to which the Commission is not a party with regard to information obtained by such member or employee in the discharge of official duty.
26 Del. C. § 1304 — Delaware Code / Title 26 / Chapter 13 / Section 1304
§ Â
        1304. Expansion of facilities and services of water companies in New Castle County.
Status: repealed

Repealed by 59 Del. Laws, c. 397, § 1, eff. June 28, 1974.
26 Del. C. § 309 — Delaware Code / Title 26 / Chapter 1 / Subchapter III / Section 309
§ Â
        309. Rate change by Commission initiative.
Status: in_force

(a) The Commission may, after hearing, upon notice, by order in writing, fix just and reasonable individual rates, joint rates, charges or schedules thereof, as well as commutation, mileage and other special rates, which shall be imposed, observed and followed thereafter by any public utility whenever the Commission determines any existing individual rate, joint rate, toll, charge or schedule thereof, or commutation, mileage, or other special rate to be unjust, unreasonable, imprudent, insufficient, or unjustly discriminatory or preferential.

(b) No order of the Commission requiring a change in rates shall become operative until at least 30 days after service thereof except upon the written consent of the public utility affected.
26 Del. C. § 361 — Delaware Code / Title 26 / Chapter 1 / Subchapter III-A / Section 361
§ Â
        361. Renewable energy credit transaction fee.
Status: in_force

The Commission may impose an administrative fee on a retail electricity supplier with respect to a renewable energy credit transaction, but the amount of the fee may not exceed the Commission’s actual direct cost of processing the transaction. If a municipal electric company opt to use the Commission’s renewable energy credit tracking system, it shall be assessed the same transaction fees that the Commission assesses other retail electricity suppliers.
26 Del. C. § 928 — Delaware Code / Title 26 / Chapter 9 / Subchapter III / Section 928
§ Â
        928. Preferred carrier freezes.
Status: in_force

(a) A customer may institute a preferred carrier freeze to prevent a change in such customer’s preferred carrier selection without that customer’s express consent.

(b) The Commission shall promulgate regulations governing the procedures for implementing and lifting preferred carrier freezes and the form and contents of solicitations or other materials provided to the customer regarding preferred carriers freezes.
26 Del. C. § 509 — Delaware Code / Title 26 / Chapter 1 / Subchapter V / Section 509
§ Â
        509. Effective date and service of orders.
Status: in_force

(a) Every order made by the Commission shall be served upon the person or public utility affected thereby, within 10 days from the time the order is filed, by personally delivering or sending by certified mail a certified copy thereof to the person to be affected thereby, or in case of a public utility to any officer or agent thereof upon whom a summons may be served in accordance with the provisions of the law of this State, or to the person designated by such public utility to accept service as provided in this chapter. In any proceeding in which such person or public utility shall be represented by an attorney, service may be made upon such attorney of record.

(b) All orders of the Commission shall become effective within such reasonable time as it prescribes.
26 Del. C. § 1021 — Delaware Code / Title 26 / Chapter 10 / Section 1021
§ Â
        1021. Voting at the PJM Interconnection Regional Transmission Organization.
Status: in_force

(a) For purposes of this section:

(1) “Meeting” means any committee, user group, task force, or other part of the regional transmission organization in which votes are taken.

(2) “Recorded vote” means a vote that is tabulated, either individually or as part of a sector, for any purpose at a meeting, regardless of:

a. Whether the vote represents a final position of any person casting the vote; or

b. The decision-making authority of those voting.

(b) (1) Each year, the Division of the Public Advocate and DP&L having voted at a meeting of, or on a matter before, the PJM Interconnection Regional Transmission Organization (“PJM”) shall submit to the Commission, the Governor, the General Assembly, and the Director and Librarian of the Division of Legislative Services a report on each recorded vote cast during the immediately preceding calendar year. A utility may include the report with its annual report on its compliance with the renewable energy portfolio standards under subchapter III-A of Chapter 1 of this title.

(2) The report must include all reported votes cast, regardless of whether the vote is otherwise disclosed.
26 Del. C. § 311 — Delaware Code / Title 26 / Chapter 1 / Subchapter III / Section 311
§ Â
        311. Determination of rate by Commission.
Status: in_force

If, after hearing, the Commission finds any existing or proposed rate unjust, unreasonable, imprudent, or unjustly discriminatory, or in any wise in violation of law, the Commission shall determine the just and reasonable rate to be charged or applied by the utility for the service in question, and shall fix the same by order to be served upon the utility; and such rate shall thereafter be observed until changed, as provided in this chapter. In determining the just and reasonable rate to be charged, the Commission shall consider the revenue needs of the utility, its past and projected rates of return on its rate base, or, when appropriate, its operating ratio.
26 Del. C. § 615 — Delaware Code / Title 26 / Chapter 1 / Subchapter VI / Section 615
§ Â
        615. Judicial review and enforcement of acts by a Commission.
Status: in_force

(a) Except where judicial review is otherwise expressly provided for herein, in the event that the Commission, by action or inaction, shall fail to comply with this subchapter, the exclusive remedy for any aggrieved person shall be to file, within 30 days of the act or failure to act complained of, a complaint in the Court of Chancery. In such proceedings, the jurisdiction of the Court of Chancery shall be limited to determining whether or not the Commission has complied with this subchapter, and, upon a finding that the Commission has not complied with the subchapter, to entering such order, including one for the payment of damages, as it deems appropriate.

(b) Except where a franchise is to be terminated, where the procedures of § 606 of this title apply, whenever any person shall fail to comply with this subchapter, or with any order or directive of the Commission made in compliance with this subchapter, the Commission may file a complaint in the Court of Chancery seeking such relief as is appropriate to compel compliance.
26 Del. C. § 103 — Delaware Code / Title 26 / Chapter 1 / Subchapter I / Section 103
§ Â
        103. Composition; appointment; term; qualifications; vacancies; Chairman.
Status: in_force

(a) The Public Service Commission is continued except that it shall consist of only 5 members, each of whom shall have been or shall be appointed by the Governor and confirmed by a majority of the members elected to the Senate. The terms of office of the members of the Commission serving as of June 28, 1974, shall not be affected. Subject to the provisions of subsection (d) of this section, each member shall continue to serve out the term for which each such member was originally appointed, and until each such member’s successor shall have been appointed and qualified. Each member of the Commission appointed after June 28, 1974, except a member appointed pursuant to subsection (d) of this section to fill an unexpired term, shall be appointed for a term of 5 years from May 1 in the year of that member’s appointment, and until that member’s successor shall have been appointed and qualified.

(b) Not more than 3 of the members of the Commission shall be members of the same political party. One of the members shall be a resident of the City of Wilmington, 2 shall be residents of New Castle County outside of Wilmington, 1 shall be a resident of Kent County and 1 shall be a resident of Sussex County; provided, however, that beginning with the appointment of the member for a term of 5 years beginning as of May 1, 1976, and continuously thereafter, 1 of the members shall be a resident of the City of Wilmington, 1 shall be a resident of New Castle County outside of Wilmington, 1 shall be a resident of Kent County, 1 shall be a resident of Sussex County and 1 shall be a member at large who shall be a resident of this State.

(c) A Commissioner shall continue to reside in the political subdivision of which that Commissioner was a resident at the time of the Commissioner’s appointment.

(d) In case of a vacancy on the Commission for any reason other than expiration of the term of office, the Governor shall fill such vacancy for the unexpired term by and with the consent of a majority of the members elected to the Senate.

(e) The Governor shall designate 1 of the Commissioners as Chairman of the Commission who shall serve as Chairman at the pleasure of the Governor.
26 Del. C. § 310 — Delaware Code / Title 26 / Chapter 1 / Subchapter III / Section 310
§ Â
        310. Temporary rate reduction on order of Commission.
Status: in_force

(a) Whenever the Commission, after due consideration of pertinent facts and information, is of the opinion that any rates of any public utility are producing a return in excess of a reasonable rate of return upon its rate base, or when appropriate, its operating ratio, and that a proceeding to determine all of the issues involved in a final determination of such rates will require more than 90 days, the Commission may, after reasonable notice to the public utility and opportunity to be heard thereon, if the public interest so requires, immediately enter a temporary order fixing a temporary schedule of rates to be charged by such public utility pending the final determination of such rate proceeding, which order shall become operative and binding upon such public utility at the time prescribed by the Commission.

(b) The power of the Commission to order reductions in rates and charges of any public utility by means of such temporary order shall be limited to reductions which will absorb not more than the amount found to be in excess of the amount of operating income, as determined by the Commission, necessary to provide a reasonable rate of return on the rate base of the public utility or when appropriate, its operating ratio.

(c) The temporary rate so prescribed shall be effective until the final determination of the rate proceeding, unless sooner terminated or changed by the Commission.

(d) If, upon final disposition of the issues involved in such proceeding, the rates as finally determined are in excess of the rates prescribed in such temporary order, then such public utility may amortize and recover by means of a temporary increase over and above the rates finally determined such sum as represents the difference between the operating revenues obtained from the rates prescribed in such temporary order and the operating revenues which would have been obtained under the rates finally determined if applied during the period such temporary order was in effect.
26 Del. C. § 1003 — Delaware Code / Title 26 / Chapter 10 / Section 1003
§ Â
        1003. Retail competition.
Status: in_force

General rule. — Except as otherwise expressly provided for in this chapter, on and after May 1, 2006, the generation, supply and sale of electricity, including all related facilities and assets, used to serve standard offer service and returning customer service, shall be treated as a public utility service or function. Customers of electric distribution companies in this State shall continue to have the opportunity, but not the obligation, to purchase electricity from their choice of electric suppliers as expressly provided for in this chapter.
26 Del. C. § 1408 — Delaware Code / Title 26 / Chapter 14 / Section 1408
§ Â
        1408. Implementing regulations [Transferred].
Status: in_force

[Transferred to § 1407 of this title by 78 Del. Laws, c. 70, effective July 1, 2011.]
26 Del. C. § 108 — Delaware Code / Title 26 / Chapter 1 / Subchapter I / Section 108
§ Â
        108. Personnel.
Status: in_force

Subject to the provision of Title 29, Chapters 25 (Department of Justice) and 59 (Merit System of Personnel Administration), the Commission may appoint, fix the compensation and terms of service, and prescribe the duties and powers of an executive director, a secretary and such officers, accountants, attorneys, experts, engineers, inspectors, clerks and other persons, as it deems necessary for the proper conduct of the work of the Commission.
26 Del. C. § 302 — Delaware Code / Title 26 / Chapter 1 / Subchapter III / Section 302
§ Â
        302. Determination of rate base.
Status: in_force

The Commission may, from time to time, ascertain and determine the rate base of any public utility whenever, in the judgment of the Commission, it is necessary so to do for the purpose of carrying out this chapter, and in making such determination the Commission may have access to and use any books, documents, or records in the possession of any department, board, commission or agency of this State or any political subdivision thereof. In ascertaining and determining the rate base, the Commission may determine every fact, matter, or thing which, in its judgment, does or may have any bearing thereon.

If a water utility is not, pursuant to § 122(3)c. of Title 16, under review concerning its water system’s ability to provide adequate service to its customers under its present certificates of public convenience and necessity or subject to a review by the Commission of the appropriate rates to be charged by the water utility in light of the quality of service being provided to its customers, the Commission will include in the utility’s rate base, treat as used and useful utility plant, and, accordingly, allow to be fully recovered in the utility’s rates without imputation of revenues, all just and reasonable, and prudent costs which are incurred by the water utility in constructing facilities (including without limitation supply, treatment and transmission facilities) to serve the needs of existing customers or of persons who are reasonably anticipated by the water utility to be its customers within 3 years from the date used by the Commission to recognize rate base in the rate proceeding. The number of customers reasonably anticipated to be added within that 3-year period will consist of customer projections which are relied on by the utility and are generated by professional engineers or planners, governmental or regulatory agencies, officials or authorities, or the water utility itself, and which are not arbitrary and capricious. If the water utility does not, by the end of the 3-year period after the date used by the Commission to recognize rate base in the rate proceeding, reach at least 75% of the total number of customers originally anticipated to be served by the facilities, the Commission may only then require the water utility to impute revenues and then only to the extent of the number of customers it originally anticipated to be served by the facilities but who have not, as of the end of the 3-year period, been added.
26 Del. C. § 306 — Delaware Code / Title 26 / Chapter 1 / Subchapter III / Section 306
§ Â
        306. Effective date of rate change; refund bond.
Status: in_force

(a) The Commission, upon the filing of a petition for a proposed change to any rate, may within 60 days after said filing:

(1) Suspend the operation of such rate change for a period not to exceed 7 months after said filing; provided, however, that if the Commission has not reached its decision within said 7 months after filing, the public utility may place their rate into effect under bond in accordance with subsection (b) of this section;

(2) Determine that a portion of such change shall become effective not later than 60 days after the filing of the petition on a temporary basis pending the final decision of the Commission.

(b) Upon termination of the 7 months as set forth in paragraph (a)(1) of this section the proposed rate change shall automatically become effective if the public utility files with the Commission a bond in a reasonable amount approved by the Commission with sureties approved by the Commission, conditioned upon the refund, in a manner to be prescribed by order of the Commission, to the persons entitled thereto of the amount of the excess, if the rate so put into effect is finally determined to be excessive; or there may be substituted for such bond other arrangements satisfactory to the Commission for the protection of the parties interested. In no event shall a public utility put a rate into effect under bond as authorized in this subsection that would constitute an increase in excess of 15 percent of the public utility’s gross intrastate operating revenues.

(c) Notwithstanding subsections (a) and (b) of this section, 60 days after said filing, a public utility may put a rate into effect under bond as authorized in subsection (b) of this section, provided that the increase does not constitute an increase in excess of 15 percent of the public utility’s annual gross intrastate operating revenues or $2,500,000 annually, whichever is less. This subsection shall not apply to any proposed rate change sought by a public utility under regulations adopted pursuant to § 304(b) of this title.
26 Del. C. § 821 — Delaware Code / Title 26 / Chapter 8 / Subchapter II / Section 821
§ Â
        821. Intrastate pipelines.
Status: in_force

The Public Service Commission shall have the authority to make and enforce rules required by the federal Natural Gas Pipeline Safety Act of 1968, as amended (49 U.S.C. Chapter 601), to qualify for federal certification of a state pipeline safety compliance program under 49 U.S.C. § 60105(a), relating to the regulation of intrastate gas pipeline transportation. Such rules shall incorporate the safety standards and penalty provisions (including injunctive and monetary sanctions) established under the federal Natural Gas Pipeline Safety Act of 1968, as amended [49 U.S.C. § 60101 et seq.], that are applicable to intrastate gas pipeline transportation and will apply to underground pipeline facility operators, as defined under § 802(11) of this title.
26 Del. C. § 705 — Delaware Code / Title 26 / Chapter 1 / Subchapter VII-A / Section 705
§ Â
        705. Definitions.
Status: in_force

(a) “Basic services” means switched access services.

(b) “Competitive services” means either of the following:

(1) All services which are not classified as “basic” in subsection (a) of this section.

(2) Any new service other than switched access service.
26 Del. C. § 702 — Delaware Code / Title 26 / Chapter 1 / Subchapter VII / Section 702
§ Â
        702. Findings of public policy.
Status: in_force

With respect to the provision of telecommunications services in Delaware, it is the policy of this State that:

(1) Basic telecommunications services shall be universally available at affordable prices.

(2) To foster economic development in this State, responsible and reasonable investment in and development of telecommunications systems employing advanced technology shall be encouraged as an integral part of the State’s infrastructure.

(3) The availability of customer choices among a continuously developing variety of telecommunications services shall be encouraged.

(4) The growth of competitive markets for the provision of telecommunications services shall be encouraged and, where they exist or develop in the future, the availability, price, terms of service and quality should be determined by such competitive markets.
26 Del. C. § 115 — Delaware Code / Title 26 / Chapter 1 / Subchapter I / Section 115
§ Â
        115. Public policy; regulatory assessment; definition of revenue; returns; collection of assessment.
Status: in_force

(a) It is declared to be the public policy of this State that in order to maintain and foster the effective regulation of public utilities under this title, in the interests of the people of this State and the public utilities as well, the public utilities subject to regulation of the Public Service Commission which enjoy the privilege of operating as public utilities in this State shall bear the expense of regulation by means of an assessment on such privilege measured by the annual gross revenue of such public utilities in the manner hereinafter provided. This assessment shall be in addition to all other fees and charges imposed by the Public Service Commission and the Division of the Public Advocate pursuant to this title.

(b) As used in subsection (c) of this section, the term “intrastate public utility business” includes all that portion of the business of the public utilities designated in § 102 of this title and over which the Commission has jurisdiction under the provisions of this title.

(c) As used in this section, the term “gross revenue” includes all revenue which:

(1) Is collected by a public utility subject to regulation by the Public Service Commission, and

(2) Is derived from the intrastate public utility business of such a utility.

Such term does not include revenue derived by such a public utility from the sale of public utility services, products or commodities to another public utility or to an electric cooperative or municipality for resale by such public utility or electric cooperative or municipality.

(d) (1) An assessment is imposed upon each public utility subject to regulation by the Public Service Commission in an amount equal to the product of .003 (3 mills) multiplied by its gross operating revenue for each calendar year, commencing with the calendar year beginning January 1, 1974 and ending with the calendar year beginning January 1, 2023.

(2) An assessment is imposed upon each public utility subject to regulation by the Public Service Commission in an amount equal to the product of .004 (4 mills) multiplied by its gross operating revenue for each calendar year, commencing with the calendar year beginning January 1, 2024.

(3) No assessment shall be imposed upon a public utility having a gross operating revenue of less than $10,000 in any calendar year.

(e) On or before March 31 of each year, each public utility subject to the provisions of this title shall file with the Commission an annual gross revenue return containing a statement of the amount of its gross revenue for the immediately preceding calendar year, and a statement of the amount of assessment due for such calendar year accompanied by a check in payment thereof. A copy of such return shall also be delivered to the Division of the Public Advocate. A utility subject to this section which paid an annual assessment greater than $10,000 in the preceding year shall make an estimated payment of at least 40% of the expected assessment no later than 6 months prior to the March 31 due date for the return and final payment. Forms for such returns and amended returns shall be devised and supplied by the Commission.

(f) All returns submitted to the Commission by a public utility, as provided in this section, shall be sworn to by an appropriate officer of the public utility. The Commission may audit each such return submitted and may take such measures as are necessary to ascertain the correctness of the returns submitted. The Commission has the power to direct the filing of an amended return by any utility which has filed an incorrect return and to direct the filing of a return by any utility which has failed to submit a return.

(g) Each payment of the assessment imposed by subsection (d) of this section becomes delinquent at midnight of the date that it is due. If upon filing a return or an amended return it shall appear that a public utility has failed to pay, or has underpaid, the proper amount, it shall pay a penalty to the Commission of 2% of the amount due for each month or fraction thereof that such amount is unpaid. The Commission may enforce the collection of any delinquent installment or payment, or portion thereof, by legal action or in any other manner by which the collection of debts due the State may be enforced under the laws of this State.

(h) In lieu of the regulatory assessment imposed under this section, a telecommunications service provider shall pay an assessment into the Delaware Broadband Fund. On August 1, 2013, the telecommunications service provider shall pay into the fund 1/2 of the amount of its 2011 regulatory assessment in lieu of the amounts due under this section for the period January 1, 2013, through June 2013 and shall continue making payments into the Fund in lieu of any amounts due under this section for an additional 3 years beginning on January 30, 2014, and ending on January 30, 2016, in an amount equal to the regulatory assessment for the year 2011, after which time the obligation under subsections (a)-(g) of this section or to make payments under this subsection shall cease.
26 Del. C. § 613 — Delaware Code / Title 26 / Chapter 1 / Subchapter VI / Section 613
§ Â
        613. Acquisition by franchisees of easements.
Status: in_force

Any franchisee may acquire an easement across, in or on public or private lands or waterways in this State which already have thereon or therein poles, wires, conduits, pipes, cables or other such facilities owned or maintained by a public utility, for the purpose of erecting, constructing, maintaining or operating any facilities to provide cable television or communications service to the public, including poles, wires, cables, guides, conduits and apparatus, which can be installed in the same manner, above or below ground, as the public utility facilities already on or in the property, by a taking in accordance with Chapter 61 of Title 10 which provides a method of fixing fair compensation if the easement should impose any additional burden on the property interest of the utilities or any other concern or person.
26 Del. C. § 1504 — Delaware Code / Title 26 / Chapter 15 / Section 1504
§ Â
        1504. Regulations; jurisdiction; administration.
Status: in_force

(a) Not later than July 29, 2010, the Secretary, with the cooperation of affected energy providers, shall, by regulation, establish the requirements of this subsection, including, but not limited to:

(1) Measurement and verification procedures and standards;

(2) Requirements under which affected energy providers shall demonstrate, document, and report compliance with the energy savings goals established under § 1502(a) of this title:

(3) Procedures and standards for defining and measuring electricity savings and natural gas savings that can be counted towards the energy savings targets established under § 1502(a) of this title, which shall, at a minimum:

a. Specify the types of energy efficiency and energy conservation measures that can be counted;

b. Enable that energy consumption and peak estimates in the applicable base and current years be adjusted, as appropriate, to account for changes in weather, population previously enacted and deployed demand side management and energy efficient programs by an affected energy provider since the 2007 base year, or other variables;

c. Account for the useful life of measures;

d. Include deemed savings values for specific, commonly used measures;

e. Allow for savings from a program to be estimated based on extrapolation from a representative sample of participating customers;

f. Include procedures for counting combined heat and power savings and recycled energy savings;

g. Establish methods for calculating codes and standards savings, including the use of verified compliance rates;

h. Provide for standardized determination of baselines for energy efficiency projects; and

i. Procedures and standards for third-party verification of reported electricity savings or natural gas savings.

(b) Regulations promulgated pursuant to this chapter and case decisions issued under the auspices of this chapter by the Secretary or DNREC shall be subject to direct appeal to the Superior Court pursuant to the provisions of the Administrative Procedures Act, Chapter 101 of Title 29. The Environmental Appeals Board shall not have jurisdiction over any such appeal.

(c) Regulations promulgated by the Secretary shall not differ significantly among affected natural gas distribution companies or among affected electric energy providers.

(d) All regulations promulgated under this chapter shall be adopted under the Administrative Procedures Act [Chapter 101 of Title 29].

(e) Any costs incurred by the Secretary and DEO in developing and implementing the programs under this chapter shall be funded through a charge placed by the Public Service Commission on entities under its jurisdiction that have an obligation to comply with the provisions of this chapter and through compliance payments submitted by entities not regulated by the Public Service Commission. Any remaining funds shall be distributed as authorized in § 1505 of this title.

(f) If an energy efficiency charge greater than zero is established pursuant to § 1505 of this title, then subsection (e) of this section will no longer apply.
26 Del. C. § 920 — Delaware Code / Title 26 / Chapter 9 / Subchapter II / Section 920
§ Â
        920. Definitions.
Status: in_force

(a) The term “automatic number identification service” means an access signaling protocol in common use by common carriers that uses an identifying signal associated with the use of a subscriber’s telephone to provide billing information or other information to the local exchange carrier or any other interconnecting carriers.

(b) The term “blocking” means a service that allows the originator of a call to prevent or control the transmission of information that identifies the originator to the recipient of the call.

(c) The term “caller identification” means the transmission of information that identifies the originator of a communication to the recipient of the communication via an electronic signal which is decoded by a customer provided display unit which displays, records or forwards the caller’s telephone number or other identifying information. Such term shall not include:

(1) An internal office system, including but not limited to, a centrex or private branch exchange (PBX) system or virtual private network;

(2) An identification system used for emergencies, such as an emergency telephone line used by a public agency or a 911 emergency telephone service;

(3) Any identification service provided with legally sanctioned call tracing or tapping procedures; or

(4) Any automatic number identification service or technology.
26 Del. C. § 110 — Delaware Code / Title 26 / Chapter 1 / Subchapter I / Section 110
§ Â
        110. Travel expense.
Status: in_force

The Commissioners, executive director, secretary and other persons engaged in the service of the Commission shall be entitled to receive from the State their necessary traveling expenses while traveling on the business of the Commission.
26 Del. C. § 908 — Delaware Code / Title 26 / Chapter 9 / Subchapter I / Section 908
§ Â
        908. Easements for public utilities across railroad property, rights-of-way, or occupations.
Status: in_force

Any public utility operating within the State may acquire a utility easement for its public use in accordance with Chapter 61 of Title 10 whenever all the following conditions are met:

(1) The property on, over, under, along or across which the public utility easement is to be established:

a. Was previously owned by a railroad company, including a successor whose ownership interest derives, directly or indirectly, from the abandonment of the property use by a railroad company, or

b. Was subject to an easement, right-of-way or occupation for railroad purposes; and

(2) The railroad company’s property interests have been extinguished by abandonment or otherwise; and

(3) Immediately prior to the time such railroad company’s property interests were extinguished, a public utility held an easement, license, right-of-way, permission or occupation for public utility purposes that had been obtained from the railroad company; and

(4) The public utility and any owner or owners of the property cannot agree as to the terms and conditions of the acquisition by the public utility of a property interest for use for public utility purposes; and

(5) The property on which the utility easement to be acquired is not owned by the State or any of its agencies or political subdivisions; and

(6) The public utility exercises this authority in accordance with the provisions of Chapter 95 of Title 29.
26 Del. C. § 506 — Delaware Code / Title 26 / Chapter 1 / Subchapter V / Section 506
§ Â
        506. Refusal to obey subpoena, answer question or produce documents; contempt.
Status: in_force

If a person subpoenaed to attend before the Commission, any member or examiner thereof, fails to obey the command of such subpoena without reasonable cause, or if a person in attendance before the Commission, any member or examiner thereof, refuses without lawful cause to be examined or to answer a legal or pertinent question, or to produce a book or paper when ordered to do so by the Commission, any member or examiner thereof, the Commission or any member thereof may apply to the Superior Court in and for the county where such hearing or investigation is being held or any Judge thereof in vacation, who shall have the power of the Court for such purpose, for an order returnable in not less than 2 nor more than 10 days, directing such person to show cause before the Court, or any Judge thereof in vacation, why such person should not comply with the subpoena or order of the Commission. Upon the return of such order, the Court or Judge before whom the matter comes on for hearing, shall examine under oath the persons whose testimony may be relevant, and such person shall be given an opportunity to be heard, and if the Court or Judge determines that the person refused without legal excuse to obey the command of such subpoena or to be examined, or to answer a legal or pertinent question, or to produce a book or paper which such person was ordered to produce, the Court or Judge may order such person to comply forthwith with the subpoena or order of the Commission, and any failure to obey such order of the Court or Judge may be punished by the Court or Judge as a contempt of the Superior Court.
26 Del. C. § 1404 — Delaware Code / Title 26 / Chapter 14 / Section 1404
§ Â
        1404. Reporting requirements for water utilities: consumer water conservation plans and certifications of adequate supply.
Status: in_force

(a) On or before July 1 of each reporting year, each water utility in the drought sensitive area shall submit to the Water Supply Coordinating Council:

(1) A consumer water conservation plan (Plan) for the following 3-year period; and

(2) A certification of adequate water supply (Certification) for the projected year.

The Plan and the Certification must be applicable to water utility services provided by the water utility in the drought sensitive area.

(b) Consumer water conservation plan. — Each plan submitted by a water utility must include:

(1) A description of the water utility’s proposed methods of consumer education to:

a. Make consumers aware of the benefits arising from the efficient use of water supply;

b. Make consumers aware of and understand any water conservation rate that is in effect, or that will be implemented by the water utility during the following 3 years;

c. Make consumers aware of the existence of both new and retrofitted consumer equipment that improves the efficient use of water; and

d. Make consumers aware of the costs arising from the loss of water through leakage in consumer water systems.

(2) For each reporting year after 2006, an evaluation of the effectiveness of the water utility’s preceding consumer water conservation plan in informing consumers of methods to improve the efficient use of the water supply.

(c) Certification of adequate supply. — With its consumer water conservation plan, each water utility shall submit to the Water Supply Coordinating Council a certification that the water utility has sufficient sources of water supply to provide adequate supply to meet the projected demand in the drought sensitive area for the following projected year. The certification must be executed by the governmental officer responsible for the operation of the water utility. With the certification, the water utility shall provide supporting materials and documents that identify each source of supply and the volume of water available from each source. The supporting materials and documents must demonstrate that, for the projected year, the volume of supply from the water utility’s sources will be adequate to meet or exceed the projected demand.

(d) Beginning with the reporting year 2009, in addition to certifying adequate supply pursuant to subsection (c) of this section, each water utility shall also certify that none of its sources of supply for use during a drought of record are reliant on contracts with out-of-state water authorities or utilities, except for minimum purchase obligations under purchase-water contracts in existence on April 1, 2003, between Delaware water utilities and non-Delaware providers.

(e) The Water Supply Coordinating Council shall review the water utility’s certification of adequate supply and the supporting materials and documents. If the Council believes that the supporting materials and documents do not support the certification, the Council shall notify the water utility of the deficiency. The water utility may then submit additional materials and documents to support its certification. If the Council ultimately determines that a jurisdiction or water utility’s certification is deficient the council shall so report to the Commission.
26 Del. C. § 505 — Delaware Code / Title 26 / Chapter 1 / Subchapter V / Section 505
§ Â
        505. Witness fees and mileage.
Status: in_force

The fees and mileage of witnesses required to attend before the Commission shall be computed at the rate allowed to witnesses in the Superior Court, such fees to be paid when the witness is excused from further attendance. The disbursement made in payment of such fees shall be audited and paid in the same manner provided for the payment of expenses of the Commission. No witness subpoenaed at the instance of parties other than the Commission shall be entitled to compensation from the State for attendance or travel unless the Commission certifies that the testimony was material to the matter investigated.
26 Del. C. § 811 — Delaware Code / Title 26 / Chapter 8 / Subchapter I / Section 811
§ Â
        811. Civil liability.
Status: in_force

(a) Obtaining information as required by this chapter does not excuse any person making any excavation or demolition from doing so in a careful and prudent manner, nor shall it excuse any person from liability for any damage or injury resulting from the excavation or demolition.

(b) If the information required to be provided by operators pursuant to § 803 of this title is not provided in accordance with the terms thereof, any person damaging or injuring underground facilities of such operator shall not be liable for such damage or injury except on proof of negligence.

(c) Failure by DNREC to notify or otherwise contact an excavator or designer prior to a properly noticed excavation or demolition at any DNREC Regulated Site shall not relieve such excavator or designer from complying with all applicable federal, state, county or municipal laws or regulations, nor shall it create any liability in DNREC for any damage or injury resulting from any such excavation or demolition.
26 Del. C. § 403 — Delaware Code / Title 26 / Chapter 1 / Subchapter IV / Section 403
§ Â
        403. Expansion of facilities and services of water companies in State.
Status: in_force

(a) No water company doing business in this State shall expand its facilities within this State in order to service new customers or subscribers in this State, nor shall any such company supply water to any new or additional customers or subscribers in this State until the company is furnishing water to its present customers or subscribers in this State in such fashion that water pressure at every house supplied is at least 25 pounds at all times at the service connection.

(b) No water company doing business in this State shall expand its facilities in order to service new customers or subscribers unless it shall furnish water to the house or separate location of each new customer or subscriber in this State at the pressure of at least 25 pounds at each such location or house at all times at the service connection while continuing also to supply each old customer or subscriber at the pressure of at least 25 pounds at each house at all times at the service connection. Notwithstanding the above or any law or regulation to the contrary, no such restriction shall apply to a water company expanding its facilities to a new customer or subscriber seeking or providing services on the property having the tax parcel number 07-043.40-055 or any successor parcel thereof; provided, however, that the primary use of such property remains as a wildlife refuge.

(c) No water company, which either alone or together with other water company affiliates or subsidiaries under common control or ownership serves more than 5,000 customers in this State, shall, unless it has cured any material failure found pursuant to paragraph (c)(1) or (2) of this section below within 30 days of any such finding, expand its facilities within this State in order to service new customers or subscribers or supply water to any new or additional customers or subscribers in this State for so long as that company:

(1) Is subject to a finding by the appropriate federal or state regulatory authority that it has materially failed to comply with applicable safe drinking water or water quality standards; or

(2) Is subject to any order issued by the Commission pursuant to this title finding that the company has materially failed to provide adequate or proper safe water services to existing customers.

(d) The appropriate agency shall report any such finding that a water company has failed to materially meet the water pressure standards of subsection (a) or (b) of this section or any order issued pursuant to subsection (c) of this section to the Public Service Commission in accordance with the Commission’s authority to grant a water utility a certificate of public convenience and necessity to expand or extend its service territory.
26 Del. C. § 709 — Delaware Code / Title 26 / Chapter 1 / Subchapter VII-A / Section 709
§ Â
        709. Delaware Broadband Fund.
Status: in_force

(a) The State shall create a fund designated as the “Delaware Broadband Fund” (the “Fund”) to be used to support and enhance broadband services in the State’s public schools and public libraries and for rural broadband initiatives in unserved areas of the State.

(b) The Fund shall be administered by the Secretary of the Department of Technology and Information. The Secretary shall develop a plan to carry out the purposes of subsection (a) of this section and, after concurrence of the Controller General and Director of the Office of Management and Budget, may distribute moneys from the Fund to implement such plan.

(c) All moneys in the Fund shall be distributed by July 1, 2018, and the Fund shall terminate at that time.
26 Del. C. § 1500 — Delaware Code / Title 26 / Chapter 15 / Section 1500
§ Â
        1500. Short title; declaration of policy.
Status: in_force

(a) This chapter shall be known and may be cited as the “Energy Efficiency Resource Standards Act of 2009.”

(b) The General Assembly finds and declares that:

(1) Cost effective energy efficiency shall be considered as an energy supply source before any increase or expansion of traditional energy supplies; and

(2) Energy efficiency is among the least expensive ways to meet the growing energy demands of the State; and

(3) Providing affordable, reliable, and clean energy for all consumers in Delaware is in the public interest and will yield social, economic, and welfare benefits for generations to come; and

(4) The benefits of a strong focus on cost effective energy efficiency accrue to the public at large, and all electric and natural gas suppliers and consumers in Delaware share an obligation to develop a minimum level of these resources in the energy supply portfolio of the State.

(5) The benefits of cost effective energy efficiency include lowered consumer spending on energy, improved regional and local air quality, improved public health, increased electric supply diversity, increased protection against price volatility and supply disruption, improved transmission and distribution performance, and new economic development opportunities; and

(6) The Delaware Sustainable Energy Utility (SEU) combines public funding sources and consumer savings with private sector funds and management skills to provide all Delaware energy users with assistance for all their energy efficiency and renewable energy needs;

(7) The SEU is a critical mechanism for achieving energy conservation and energy efficiency in the State; and

(8) Delivery rate structures for regulated natural gas and electric utilities shall be designed to avoid unnecessary impediments to the Energy Efficiency Resource Standards under this chapter.
26 Del. C. § 307 — Delaware Code / Title 26 / Chapter 1 / Subchapter III / Section 307
§ Â
        307. Burden of proof; speedy determination.
Status: in_force

(a) In any proceeding upon the motion of the Commission, or upon complaint, or upon application of a public utility, involving any proposed or existing rate of any public utility, or any proposed change in rates, the burden of proof to show that the rate involved is just and reasonable, and prudent, which requires a showing that the rate involved allows for recovery of only those costs or expenses prudently incurred, is upon the public utility. In making the determination of whether a cost or expense was prudently incurred, the Commission must consider the objective reasonableness of the cost or expense incurred, based on what the public utility knew or reasonably should have known at the time the cost or expense was incurred. The Commission may determine that the cost or expense incurred is only partially prudent, and may adjust the elements of rate base, operating expenses, or fuel costs accordingly to reflect that determination.

(b) The public utility shall have the burden of proof in justifying every accounting entry of record questioned by the Commission which may suspend any charge or credit pending submission of satisfactory and sufficient proof in support thereof by the public utility.

(c) The Commission shall give preference to the hearing and decision of any rate proceeding over all other proceedings and decide the same as speedily as possible.
26 Del. C. § 707 — Delaware Code / Title 26 / Chapter 1 / Subchapter VII-A / Section 707
§ Â
        707. Provision of basic services.
Status: in_force

(a) An offering of basic services in this State, that is not a determination of rate change, is subject to the provisions of subchapters I and V of this chapter, §§ 201, 202, 203A(c), 204, 206, 212, 217, 218, and 222 of this title, and all Commission procedures, rules, and regulations except to the extent inconsistent with this subchapter.

(b) Beginning January 1, 2020, after January 1 of the year immediately following the initial election or reelection made pursuant to § 704 of this title, Commission approval may not be required to change tariff rates and rates for basic services must be established according to prevailing federal jurisdiction.

(c) No service provider may assess switched access rates pursuant to tariff that are higher than the switched access rates set forth in the tariffs of the incumbent local exchange carrier in the same service territory.
26 Del. C. § 1010 — Delaware Code / Title 26 / Chapter 10 / Section 1010
§ Â
        1010. Electric distribution companiesâ obligation to serve customers.
Status: in_force

(a) The standard offer service supplier shall provide standard offer service which is safe, efficient, adequate and reliable. The Commission may take appropriate actions to ensure that the standard offer service supplier provides such safe, adequate, efficient and reliable standard offer service.

(b) The Commission shall promulgate rules and regulations governing the amount of notice that a customer who desires to return to the standard offer service supplier must provide, the minimum amount of time that a customer must take service from a standard offer service supplier, and the amount of charges that may be assessed against a customer who leaves the standard offer service supplier and later returns to the standard offer service supplier, including the appropriate retail market price, which may be higher than the standard offer service price.

(c) After hearing and a determination that it is in the public interest, the Commission is authorized to restrict retail competition and/or add a nonbypassable charge to protect the customers of the electric distribution company receiving standard offer service. The General Assembly recognizes that electric distribution companies are now required to provide standard offer service to many customers who may not have the opportunity to choose their own electric supplier. Consequently, it is necessary to protect these customers from substantial migration away from standard offer service, whereupon they may be forced to share too great a share of the cost of the fixed assets that are necessary to serve them as required by the Electric Utility Retail Customer Supply Act of 2006, 75 Del. Laws, c. 242.
26 Del. C. § 1301 — Delaware Code / Title 26 / Chapter 13 / Section 1301
§ Â
        1301. Powers and duties; regulation of use of public roads and streets.
Status: in_force

(a) (1) Every corporation organized under the provisions of Chapter 1 of Title 8 for the purpose of the production, distribution and sale of gas and also every corporation organized for the supply and distribution of water, every corporation organized for the collection and treatment of wastewater and every corporation organized for the transportation and storage of oil, in addition to the powers conferred upon corporations generally, may lay down necessary pipes, mains and conduits beneath the public roads, highways, streets, avenues and alleys of any county, city, incorporated town or district of this State.

(2) Such pipes, mains and conduits shall be laid at least 18 inches below the surface of the same and shall not in anywise unnecessarily obstruct or interfere with public travel or damage public or private property.

(3) The consent of the council, town commissioners or other persons having control over the public roads, highways, streets, avenues and alleys of the county, city, town and district wherein or through which it is contemplated to lay such pipes, mains and conduits beneath such public roads, highways, streets, avenues or alleys shall first and as a condition precedent be obtained before any such public roads, highways, streets, avenues or alleys are disturbed, opened or dug up. Such consent of such council or town commissioners or other persons having control over such roads, highways, streets, avenues and alleys shall be by ordinance of such council or commissioners duly adopted or by resolution of such persons having control over the public roads or highways, adopted at a meeting to be held not less than 30 days after notice thereof has been given by notices posted up in 5 of the most public places on the road or highway which is proposed to be used for such purposes.

(b) (1) Such use of public roads, highways or streets, avenues and alleys in any of the counties, cities, towns or districts in this State shall be subject to such terms, regulations, taxation and restrictions as may be imposed by the council, town commissioners or other persons having control over the public roads and highways of the county, city, town or district.

(2) a. The portions of the surfaces of the roads, highways, streets, avenues and alleys disturbed in laying the pipes shall be immediately restored to their original condition. Any pavements which are removed for the purpose of laying or repairing the pipes, mains and conduits shall be restored to as good condition as they were previous thereto and shall be maintained the same for 6 months after the completion of the work.

b. In case of failure on the part of the corporation to so restore and maintain the same, the street commissioner or other officer having supervision of the streets may properly restore and maintain the same, and the costs thereof may be recovered by the city or town from the corporation in any court of competent jurisdiction.

(c) Any such corporation mentioned in this section may take lands, easements and rights-of-way for locating, constructing, maintaining and operating its pumps, pump houses and stations, tanks and reservoirs, hydrants and delivery stations and offices and for laying down its pipes, tubes, conduits, connections and branches from any points to any other points in the State and for all necessary purposes of the corporation, including the right to cross any railroad, and the right to appropriate a right-of-way and locate its pipes, tubes or conduits upon, over or under and across any lands, water, streams, rivulets, canals, roads, turnpike roads or other highways in such manner as shall not interfere with the ordinary use of the same. In crossing any rivulet or other stream the pipes, tubes and conduits shall be laid and securely suspended above flood lines or laid beneath the bed of any rivulet or other stream so crossed.
26 Del. C. § 503 — Delaware Code / Title 26 / Chapter 1 / Subchapter V / Section 503
§ Â
        503. Rules governing conduct of hearings; findings and order.
Status: in_force

(a) All hearings before the Commission, or its designated representative, shall be public, and shall be conducted in accordance with the rules of practice and procedure prescribed by the Commission. In the conduct of such hearings, the Commission shall not be bound by the technical rules of evidence. A full and complete record shall be kept of all proceedings had before the Commission, or its representative, in any formal hearing, and all testimony shall be either recorded or taken down by a reporter designated by the Commission, and a verbatim transcript prepared and the parties shall be entitled to be heard in person or by attorney, and to introduce evidence.

(b) After the conclusion of the hearing, the Commission shall make and file its findings with its opinion, if any, and its order thereon. Its findings shall be in sufficient detail to enable the court on appeal to determine the controverted question presented by the proceeding, and whether proper weight was given to the evidence.
26 Del. C. § 504 — Delaware Code / Title 26 / Chapter 1 / Subchapter V / Section 504
§ Â
        504. Compelling attendance of witnesses and production of documents; oaths; subpoenas.
Status: in_force

(a) The Commission may compel the attendance of witnesses and the production of tariffs, contracts, papers, books, accounts and all other documents.

(b) Any member of the Commission, or any examiner or employee designated by it, may administer oaths to all witnesses who may be called before the Commission, any member thereof, or any examiner, as the case may be.

(c) Subpoenas issued by the Commission shall be signed by a member thereof or an examiner designated by it and attested by the secretary, and may be served by any sheriff, deputy sheriff, constable, or any employee of the Commission and return thereof made to the Commission.
26 Del. C. § 210 — Delaware Code / Title 26 / Chapter 1 / Subchapter II / Section 210
§ Â
        210. Standards for measurement of supply of product; examinations and tests of product.
Status: in_force

The Commission may, after hearing, by order in writing, ascertain and fix adequate and reasonable standards for the measurement of quantity, quality, pressure, initial voltage or other condition pertaining to the supply of the product or service rendered by any public utility, and may prescribe reasonable regulations for examinations and tests of such product or service and for the measurement thereof.
26 Del. C. § 316 — Delaware Code / Title 26 / Chapter 1 / Subchapter III / Section 316
§ Â
        316. Cost recovery prohibitions.
Status: in_force

(a) The Commission shall ensure that all regulated utilities do not use customer funds to subsidize nonregulated activities.

(b) A public utility shall not recover the following costs from its customers, whether as part of proposed base rate costs, a rider, or other charges:

(1) Expenses for lobbying or other activities meant to influence the outcome of any local, state, or federal legislation, ordinance, resolution, or ballot measure.

(2) Organizational or membership dues, or other contributions, to any organization, association, institution, corporation, or other entity to the extent that the dues or contributions are used for lobbying or other similar activities intended to influence the outcome of any local, state, or federal legislation, ordinance, resolution, rule, ballot measure, or regulatory decision.

(3) Contributions to political candidates, campaign committees, issue committees, or independent expenditure committees or similar political expenses.

(4) Charitable giving expenses, including contributions to organizations qualified under § 501 (c)(3) or (c)(4) of the federal Internal Revenue Code of 1986, 26 U.S.C. § 501, as amended.

(5) Advertising and public relations expenses that do not directly relate to a purpose or program that is required or authorized under statute or commission rule or order.

a. Advertising and public relations expenses for which cost recovery is prohibited include:

1. Communications to promote or improve the utility’s brand.

2. Expenses for the purpose of influencing public opinion about the utility.

3. Expenses intended to create good will toward the utility from the general public.

b. For purposes of this section, “advertising” means the act of publishing, disseminating, soliciting, or circulating written, online, video, or audio communication intended to induce a person to patronize a product, service, business, or industry; promote a business’s brand; otherwise emphasize desirable qualities about a product, service, business, or industry; or influence public opinion with respect to legislative, administrative, or electoral matters.

c. “Advertising” does not include:

1. Advertising required or authorized by law, regulation, or order.

2. Advertising directly related to a purpose or program regarding income-based service, special rates, pilot programs, energy conservation, energy efficiency, beneficial electrification, renewable energy, transportation electrification, or other consumer education information.

3. Advertising regarding service interruptions, safety measures, or emergency conditions.

4. Advertising concerning employment opportunities with the utility.
26 Del. C. § 801 — Delaware Code / Title 26 / Chapter 8 / Subchapter I / Section 801
§ Â
        801. Purpose; citation; construction.
Status: in_force

(a) For the purposes of providing for the protection of the public health and safety, certain procedures are necessary to assure that persons performing excavation or demolition operations know, prior to commencing such operations, of the presence or location of underground utilities in the excavation or demolition area. Certain precautions must be taken to avoid injuries and damage to life, limb and property, to avoid disruption and discontinuation of utility services to members of the public and to promote safe operations during excavation and demolition.

(b) This subchapter shall be known and may be cited as the “Underground Utility Damage Prevention and Safety Act.” This chapter shall be liberally construed and applied to promote its underlying purposes and policies.
26 Del. C. § 812 — Delaware Code / Title 26 / Chapter 8 / Subchapter I / Section 812
§ Â
        812. Conviction not admissible.
Status: in_force

A conviction under this chapter, even when obtained pursuant to a guilty plea, shall not be admissible in any civil proceedings involving personal injury, wrongful death or property damage.
26 Del. C. § 205 — Delaware Code / Title 26 / Chapter 1 / Subchapter II / Section 205
§ Â
        205. Reports by public utilities.
Status: in_force

(a) The Commission may require every public utility to file with the Commission such annual and other periodic or special reports, at such times, in such form and of such content, and covering such period or periods of time, as the Commission may by rules and regulations or by order prescribe.

(b) (1) The Commission may require any public utility to file with it a copy of any report filed by such public utility with any state or federal department or regulatory body, including, but not limited to, copies of its Delaware and federal income tax returns.

(2) A public utility that is a subsidiary of a corporation that files consolidated state or federal income tax returns shall file with the Commission, when so requested by the Commission, pro forma Delaware and federal income tax returns based solely upon said public utility’s operations in Delaware.

(c) All reports shall be made under oath or affirmation unless the Commission otherwise specifies.
26 Del. C. § 1016 — Delaware Code / Title 26 / Chapter 10 / Section 1016
§ Â
        1016. Change of control.
Status: in_force

(a) The Commission’s regulatory authority over DP&L and DEC shall not be affected by a subsequent change in stock ownership of either utility. In approving any proposed merger, mortgage, transfer, issue, assumption or acquisition, the Commission shall, in addition to considering the factors set forth in § 215 of Title 26, take such steps or condition any transfer in such a manner as to insure that any successor will continue safe and reliable transmission and distribution services. Any proceeding reviewing a change of control or transfer shall conclude within 120 days from the date of filing, unless agreed to by the Commission and the applicant.

(b) Section 706 of Title 19 shall apply to any business combination, as defined therein, including without limitation, the sale, merger or acquisition of DP&L or of DP&L’s generating plants or utility assets in this State. This shall mean, without limiting the provisions of § 706 of Title 19, that:

(1) No such transaction shall result in the termination or impairment of the provisions of any labor contract negotiated by a duly certified or recognized labor organization, collective bargaining agent or other representative of the DP&L employees affected by such a transaction.

(2) Any such labor contract shall continue in effect with respect to all DP&L employees covered thereby until its termination date, unless otherwise agreed by the parties thereto or their legal successors;

(3) The sale, merger or acquisition of DP&L’s generation or other utility assets in this State shall include a provision that the purchasing, merging or new entity shall offer to hire its initial union-represented employee complement from among DP&L’s union-represented employees at the facilities being sold, merged or acquired at the time of the sale, merger or acquisition;

(4) The other party to the transaction shall bargain in good faith with the duly certified or recognized labor organization, collective bargaining agent or other representative that is the signatory to the labor contract referred to in paragraph (b)(2) of this section above in advance of the termination date of that labor contract for the purpose of extending or modifying such contract, as the parties thereto may agree.

(5) DP&L and the existing collective bargaining agents shall bargain in good faith to assure that any adverse effects on union-represented employees affected by such transaction are reasonably and satisfactorily mitigated. Such mitigation measures may include, but are not limited to, benefits such as training or re-training, severance pay and continued health care coverage.
26 Del. C. § 107 — Delaware Code / Title 26 / Chapter 1 / Subchapter I / Section 107
§ Â
        107. Quorum.
Status: in_force

A majority of the members of the Commission shall constitute a quorum and shall be sufficient for any action by the Commission; provided, however, that a single Commissioner may sit for the purpose of hearing testimony in any matter provided:

(1) The parties consent; and

(2) Any final decision in the matter must be approved by a majority of the members of the Commission.
26 Del. C. § 808 — Delaware Code / Title 26 / Chapter 8 / Subchapter I / Section 808
§ Â
        808. Exemptions.
Status: in_force

No penalties provided for in § 810 of this title shall apply to any excavation or demolition done by the owner of a private residence when such excavation or demolition is made entirely on the land on which the private residence is situated and provided there is no encroachment on any operator’s rights-of-way or easement. However, this exemption shall have no effect on the civil liability of such private residence owner pursuant to § 811 of this title.
26 Del. C. § 924 — Delaware Code / Title 26 / Chapter 9 / Subchapter III / Section 924
§ Â
        924. Prohibitions and changes in preferred carrier selection.
Status: in_force

(a) No carrier shall bill for intrastate telecommunications services, nor solicit to provide intrastate telecommunication services, within the State, unless such carrier has received a certificate of public convenience and necessity from the Commission.

(b) No submitting carrier shall submit a change in the customer’s selection of a carrier prior to obtaining:

(1) Authorization from the customer; and

(2) Verification of that authorization in accordance with the procedures prescribed in this subchapter and implementing regulations of the Commission.

(c) No carrier shall bill or collect from any person a charge for any product or service to which such person has not agreed or subscribed, nor for any amount in excess of that specified in the tariff, price list or contract governing the charges for such services.
26 Del. C. § 822 — Delaware Code / Title 26 / Chapter 8 / Subchapter II / Section 822
§ Â
        822. Interstate pipelines.
Status: in_force

The Public Service Commission shall have the authority to enter into agreements with the Secretary of the United States Department of Transportation, pursuant to 49 U.S.C. § 60106(b), to participate in the oversight of interstate pipeline transportation. Such participation may include inspection and investigatory duties but shall not include the enforcement of safety standards for interstate pipeline facilities.
26 Del. C. § 1002 — Delaware Code / Title 26 / Chapter 10 / Section 1002
§ Â
        1002. Standards for electric utility restructuring.
Status: in_force

The General Assembly declares that the following interdependent standards shall govern the Commission’s review and approval of each public utility’s restructuring plan, oversight of the transition process and regulation of the restructured electric utility industry pursuant to this chapter.

(1) The reliability of electric service to all customers in this State shall be maintained.

(2) On and after the implementation dates set forth in § 1003 of this title, customers shall have the right to choose among electric suppliers.

(3) Nothing contained herein shall have the effect of abrogating or amending contracts between public utilities and any of their customers in place on February 1, 1999.

(4) On or after May 1, 2006, it is the policy of the State that electric distribution companies subject to the oversight of the Commission and as part of their obligation to be standard offer service suppliers shall engage in integrated resource planning for the purpose of evaluating and diversifying their electric supply options, efficiently and at the lowest cost to their customers.
26 Del. C. § 607 — Delaware Code / Title 26 / Chapter 1 / Subchapter VI / Section 607
§ Â
        607. Franchising of existing unfranchised cable television systems.
Status: in_force

(a) Notwithstanding any other provisions of this chapter, the Commission shall issue a franchise to any person or entity operating or constructing prior to June 28, 1974, a system within this State outside of the boundaries of incorporated municipalities which on June 28, 1974, have the power either express or implied under their charters to grant franchises for a system. An application for such a franchise shall be filed within 90 days of June 28, 1974. The application shall be in the form prescribed in § 602 of this title.

(b) A franchise granted hereunder may be conditioned upon compliance by the franchisee with such requirements of the Federal Communications Commission as may be applicable to such an existing cable system within the time specified by the Federal Communications Commission for compliance by such an existing system.

(c) The terms of a franchise under this section shall be only the designation of the area franchised which shall be at least coextensive with any portion of the State in which the system is operating or under construction and the terms specified in paragraphs (3)-(17) of § 604 of this title provided that such terms do not require the franchisee to perform any act which would conflict in any way with any contract it may have on June 28, 1974, or to charge rates for services different than any rates now being charged for services or to diminish or increase any services provided or any areas served on the effective date hereof.

(d) Construction and operation of such systems may lawfully be continued pending the filing of such application, the issuance of a franchise, and the acceptance thereof by the applicant.

(e) If the franchise issued under this section is not accepted by the applicant within 60 days from the date of issuance, all construction and operating authority shall terminate, unless the Commission shall otherwise order.
26 Del. C. § 214 — Delaware Code / Title 26 / Chapter 1 / Subchapter II / Section 214
§ Â
        214. Joint investigations, hearings and orders; cooperation with agencies of other states or of the United States.
Status: in_force

The Commission may make joint investigations, hold joint hearings within or without this State, and issue joint or concurrent orders in conjunction with any official, board, commission or agency of any state or of the United States. Whether in the holding of such investigations or hearings, or in the making of such orders, the Commission shall function under agreements or compacts between states or under the concurrent powers of states to regulate the interstate commerce, or as an agency of the federal government, or otherwise.
26 Del. C. § 219 — Delaware Code / Title 26 / Chapter 1 / Subchapter II / Section 219
§ Â
        219. Powers of Commission over public water suppliers.
Status: repealed

Repealed by 70 Del. Laws, c. 49, § 1, effective June 12, 1995.
26 Del. C. § 1507 — Delaware Code / Title 26 / Chapter 15 / Section 1507
§ Â
        1507. Review and enforcement.
Status: in_force

(a) The Secretary shall review each report submitted by all affected energy providers under § 1502(b) of this title to verify that the applicable performance standards under that subsection have been met.

(b) In determining compliance with the applicable energy savings requirements, the Secretary shall exclude reported electricity savings or natural gas savings that are not adequately demonstrated and documented, in accordance with the regulations promulgated under § 1504 of this title.
26 Del. C. § 706 — Delaware Code / Title 26 / Chapter 1 / Subchapter VII-A / Section 706
§ Â
        706. Offering, classification and abandonment of service.
Status: repealed

(a) A service provider is not required to provide notice to the Commission for any new service.

(b) Competitive services, including new services, and basic services, other than switched access, are not subject to mandatory tariff or other filing requirements except as specifically provided in this subchapter.

(c) Notwithstanding the provisions of § 203A(d) of this title, a service provider may abandon a competitive service at any time.

(d) Notwithstanding any other provision of law, Commission approval may not be required for any reorganization or merger, mortgage or transfer of property, issuance of securities, assumption of obligation of another, or transfer of control of a service provider governed under this subchapter.

(e) [Repealed.]

(f) A service provider offering competitive services under this subchapter shall be subject to the provisions of §§ 202 and 216-222 of this title.

(g) Notwithstanding any order or regulation of the Commission or law to the contrary, the Commission may not investigate or adjudicate retail customer complaints for services governed by this subchapter except complaints related to the adequate provisioning of basic services.

(h) A service provider offering services under this subchapter shall comply with the certificate of public convenience and necessity requirements as set forth in § 203A(a) and (b) of this title.
26 Del. C. § 101 — Delaware Code / Title 26 / Chapter 1 / Subchapter I / Section 101
§ Â
        101. Short title.
Status: in_force

This chapter shall be known and referred to as the “Public Utilities Act of 1974.”
26 Del. C. § 925 — Delaware Code / Title 26 / Chapter 9 / Subchapter III / Section 925
§ Â
        925. Verification of orders for telecommunications service.
Status: in_force

(a) No carrier shall submit a preferred carrier change order unless and until the change order has first been confirmed in accordance with 1 of the following procedures:

(1) The carrier has obtained the customer’s written authorization;

(2) The carrier has obtained the customer’s electronic authorization; or

(3) An appropriately qualified independent third party has obtained the customer’s oral authorization to submit the change order.

(b) The Commission shall promulgate regulations governing the form and content of all authorizations permitted by this section.
26 Del. C. § 204 — Delaware Code / Title 26 / Chapter 1 / Subchapter II / Section 204
§ Â
        204. Extension of utilitiesâ facilities.
Status: in_force

(a) The Commission may, after hearing, upon notice, by order in writing, require every public utility to establish, construct, maintain and operate any reasonable extension of its existing facilities where, in the judgment of the Commission, such extension is reasonable and practicable and will furnish sufficient revenue to justify the construction and maintenance of the same, and when the financial condition of the public utility reasonably warrants the original expenditures required in order to make and operate such extension; provided, however, the Commission shall consider, among other things, the size and amount of additional and potential customers to be served, whether the new customers will contribute to any capital expenditures required by the extension and whether the public utility must borrow funds to provide the extension of service.

(b) Notwithstanding any other provision of law, a telecommunications service provider is not required to establish, construct, maintain, operate or extend its existing facilities where the potential customers to be served have service available from 1 or more alternative providers of wireline or wireless communications. Further, notwithstanding any other provision of law, if the Commission makes a determination under subsection (a) of this section requiring such extension, a telecommunications service provider may fulfill such obligation through the use of any and all available wireline, wireless or other technologies. The use of wireline, wireless or other technologies may not be construed to grant any additional jurisdiction or authority to the Commission over such technologies.
26 Del. C. § 1005 — Delaware Code / Title 26 / Chapter 10 / Section 1005
§ Â
        1005. Restructuring plan.
Status: in_force

(a) Restructuring plan for DP&L. — (1) Filing and contents of plan. — On or before April 15, 1999, DP&L shall file with the Commission a detailed plan for implementing retail competition in DP&L’s commission-designated service territory. Such plan shall include:

a. Separate prices or rates for electric supply, transmission, distribution and other services (which may later be combined for billing purposes);

b. Procedures for providing direct access for all electric suppliers;

c. Revised tariffs and rate schedules;

d. An optional residential time of use rate with three daily time of use periods to be available for any residential customer who elects such a rate structure; and

e. Standards for reliability sufficient to measure variations in service reliability after the implementation of retail competition.

(2) Commission review of plan. — The Commission shall review DP&L’s restructuring plan and, after an evidentiary proceeding, issue an order by August 31, 1999, adopting the plan as filed or modifying the plan as appropriate.

(b) Restructuring plan for DEC. — (1) Filing and contents of plan. — On or before September 15, 1999, DEC shall file with the Commission a detailed plan for implementing retail competition in DEC’s Commission-designated service territory. Such plan shall include:

a. Separate prices or rates for electric supply, transmission, distribution and other services (which may later be combined for billing purposes);

b. Procedures for providing direct access for all electric suppliers;

c. Revised tariffs and rate schedules;

d. DEC’s proposed competitive transition charge, including the proposed method, recovery plan and determination of DEC’s stranded and transition costs, as such terms are defined in [former] § 1007 of this title; and

e. Standards for reliability sufficient to measure variations in service reliability after implementation of retail competition.

(2) Commission review of plan. — The Commission shall review DEC’s restructuring plan and, after an evidentiary proceeding, issue an order by February 28, 2000, adopting the plan as filed or modifying the plan as appropriate.
26 Del. C. § 1102 — Delaware Code / Title 26 / Chapter 11 / Section 1102
§ Â
        1102. Laying pipes or conduits.
Status: in_force

Every corporation organized under the provisions of Chapter 1 of Title 8, in laying any pipes or conduits in any of the public roads, highways, streets, avenues and alleys to be used for conveying steam, heat or power shall lay the same at a distance not less than 3 feet, if possible, from the outside of any water or gas pipe already laid, except in cases where it is necessary that the pipes or conduits cross any such water or gas pipe, and there such pipes or conduits shall be at least 12 inches distant from the outside of any water or gas pipe already laid.
26 Del. C. § 711 — Delaware Code / Title 26 / Chapter 1 / Subchapter VII-A / Section 711
§ Â
        711. Plan for technological investment and deployment.
Status: repealed

Repealed by 76 Del. Laws, c. 272, § 23, eff. June 30, 2008.
26 Del. C. § 906 — Delaware Code / Title 26 / Chapter 9 / Subchapter I / Section 906
§ Â
        906. Powers and duties of electric utility corporations; regulation of use of public roads, streets, etc.
Status: in_force

(a) Every corporation organized under Chapter 1 of Title 8 for the purpose of constructing, maintaining and operating works for the supply and distribution of electricity for electric lights, heat or power, in addition to the powers conferred upon corporations generally, may use the public roads, highways, streets, avenues and alleys in this State for the purpose of erecting posts or poles on the same to sustain the necessary wires and fixtures. The consent of the council, town commissioners or other persons having control over the public roads, highways, streets, avenues and alleys of the city, town and district in or upon which the posts or poles are to be erected shall first, and as a condition precedent, be obtained.

(b) No posts or poles shall be erected in any street of any city or incorporated town except in those streets which are designated by the authorities thereof and then only in such place and manner as is thus designated, and the same shall be so located as in no way to interfere with the safety or convenience of persons traveling on or over the streets, highways and roads. The use of the public streets in any of the cities and incorporated towns of this State shall be subject to such regulations and taxation as may be first imposed by the corporate authorities of such cities and towns.

(c) No posts or poles shall be erected upon the soil or property of any person without first obtaining the consent in writing of the owner of the soil or property.

(d) Any wire crossing a railroad shall not be at a less elevation than 23 feet.
26 Del. C. § 225 — Delaware Code / Title 26 / Chapter 1 / Subchapter II / Section 225
§ Â
        225. Lead paint on outdoor structures.
Status: in_force

All provisions of this title must comply with Chapter 30M of Title 16.