reglab/housing_qa huggingface dataset:
26 DE Code § 302. (2021)
2021 Delaware Code|Title 26 - Public Utilities|Chapter 1. Public Service Commission|Subchapter III. Rates|§ 302. Determination of rate base.

§ 302. Determination of rate base. 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 costs which are incurred by the water utility, in the exercise of its good faith business judgment, 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. 59 Del. Laws, c. 397, §  1;  72 Del. Laws, c. 402, §  7;
26 DE Code § 304. (2021)
2021 Delaware Code|Title 26 - Public Utilities|Chapter 1. Public Service Commission|Subchapter III. Rates|§ 304. Rate changes; notice.

§ 304. Rate changes; notice. (a) Unless the Commission otherwise orders, no public utility shall make any change in any existing rate except after 60 days notice to the Commission, which notice shall plainly state the changes proposed to be made in the rates then in force and the time when the changes will go into effect. All proposed changes shall be shown by filing new schedules or shall be plainly indicated upon schedules filed and in force at the time and kept open to public inspection. Public notice of all proposed changes shall be given in a form and manner set by the Commission. The Commission, for good cause shown, may allow changes in rates without requiring the 60-days' notice and/or public notice under such conditions as it may prescribe. All such changes shall be immediately indicated upon its schedules by such public utility. (b) In prescribing conditions for rate changes, the Commission is specifically authorized and empowered to conduct proceedings in which it limits the number or type of issues it will consider in determining whether or not to permit or allow such changes. The Commission may adopt or change regulations to govern such limited issue rate proceedings. 47 Del. Laws, c. 254, §  5;  48 Del. Laws, c. 371, §  10;  26 Del. C. 1953, §  151;  59 Del. Laws, c. 397, §  1;  70 Del. Laws, c. 48, §  6;  70 Del. Laws, c. 585, §  4;
26 DE Code § 305. (2021)
2021 Delaware Code|Title 26 - Public Utilities|Chapter 1. Public Service Commission|Subchapter III. Rates|§ 305. Hearing on rate change.

§ 305. Hearing on rate change. Whenever there is filed with the Commission by any public utility any schedule stating a new rate, the Commission may, either upon complaint or upon its own initiative, upon reasonable notice, enter upon a hearing concerning the lawfulness of such rate. 47 Del. Laws, c. 254, §  5;  48 Del. Laws, c. 371, §  10;  26 Del. C. 1953, §  152;  59 Del. Laws, c. 397, §  1;
26 DE Code § 306. (2021)
2021 Delaware Code|Title 26 - Public Utilities|Chapter 1. Public Service Commission|Subchapter III. Rates|§ 306. Effective date of rate change; refund bond.

§ 306. Effective date of rate change; refund bond. (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. 47 Del. Laws, c. 254, §  5;  48 Del. Laws, c. 371, §  10;  26 Del. C. 1953, §  153;  59 Del. Laws, c. 397, §  1;  61 Del. Laws, c. 254, §§  1-3;  70 Del. Laws, c. 48, §  7;
26 DE Code § 307. (2021)
2021 Delaware Code|Title 26 - Public Utilities|Chapter 1. Public Service Commission|Subchapter III. Rates|§ 307. Burden of proof; speedy determination.

§ 307. Burden of proof; speedy determination. (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 is upon the public utility. (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. 47 Del. Laws, c. 254, §  5A;  48 Del. Laws, c. 371, §  11;  26 Del. C. 1953, §  157;  59 Del. Laws, c. 397, §  1;
26 DE Code § 308. (2021)
2021 Delaware Code|Title 26 - Public Utilities|Chapter 1. Public Service Commission|Subchapter III. Rates|§ 308. Service as a factor in the Commission's regulation of a public utility.

§ 308. Service as a factor in the Commission's regulation of a public utility. (a) (1) In exercising the jurisdiction and power conferred upon the Commission by § 201 of this title, the Commission, upon its own motion at any time it deems such action to be in the public interest or upon complaint duly filed with it, may take into consideration, among other things, the efficiency, sufficiency and adequacy of the facilities and products provided and services rendered by the public utility, the value of such services, products and facilities to the public, and the ability of the public utility to improve such services, products and facilities. During such proceeding, the Commission may consider any service complaints by subscribers and the public. (2) If the Commission finds that the public utility's facilities, products or services are inefficient, insufficient or inadequate, it may impose such penalty upon the public utility as may be necessary to restore such facilities, products or services to a state of efficiency, sufficiency or adequacy. Upon significant improvement in such services, products or facilities, the Commission may, after hearing, remove or reduce the penalty imposed. (b) The power and authority herein conferred upon the Commission shall not be construed in any way to limit the general jurisdiction and power conferred upon the Commission by § 201 of this title, it being the legislative intent that efficient, sufficient and adequate services, products and facilities shall be provided by public utilities. 59 Del. Laws, c. 397, §  1;
26 DE Code § 309. (2021)
2021 Delaware Code|Title 26 - Public Utilities|Chapter 1. Public Service Commission|Subchapter III. Rates|§ 309. Rate change by Commission initiative.

§ 309. Rate change by Commission initiative. (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, 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. 59 Del. Laws, c. 397, §  1;
26 DE Code § 310. (2021)
2021 Delaware Code|Title 26 - Public Utilities|Chapter 1. Public Service Commission|Subchapter III. Rates|§ 310. Temporary rate reduction on order of Commission.

§ 310. Temporary rate reduction on order of Commission. (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. 47 Del. Laws, c. 254, §  5A;  48 Del. Laws, c. 371, §  311;  26 Del. C. 1953, §  156;  59 Del. Laws, c. 397, §  1;
26 DE Code § 311. (2021)
2021 Delaware Code|Title 26 - Public Utilities|Chapter 1. Public Service Commission|Subchapter III. Rates|§ 311. Determination of rate by Commission.

§ 311. Determination of rate by Commission. If, after hearing, the Commission finds any existing or proposed rate unjust, unreasonable 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. 47 Del. Laws, c. 254, §  5;  48 Del. Laws, c. 371, §  10;  26 Del. C. 1953, §  155;  59 Del. Laws, c. 397, §  1;
26 DE Code § 312. (2021)
2021 Delaware Code|Title 26 - Public Utilities|Chapter 1. Public Service Commission|Subchapter III. Rates|§ 312. Action for refund of unauthorized rate increase.

§ 312. Action for refund of unauthorized rate increase. 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 attorney's 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 his interest may appear. 47 Del. Laws, c. 254, §  5;  48 Del. Laws, c. 371, §  10;  26 Del. C. 1953, §  154;  59 Del. Laws, c. 397, §  1;
26 DE Code § 313. (2021)
2021 Delaware Code|Title 26 - Public Utilities|Chapter 1. Public Service Commission|Subchapter III. Rates|§ 313. Depreciation account.

§ 313. Depreciation account. 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. 47 Del. Laws, c. 254, §  4;  48 Del. Laws, c. 371, §  8;  26 Del. C. 1953, §  130;  59 Del. Laws, c. 397, §  1;
26 DE Code § 351. (2021)
2021 Delaware Code|Title 26 - Public Utilities|Chapter 1. Public Service Commission|Subchapter III-A. Renewable Energy Portfolio Standards|§ 351. Short title; declaration of policy.

§ 351. Short title; declaration of policy. (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. 75 Del. Laws, c. 205, §  1;
26 DE Code § 355. (2021)
2021 Delaware Code|Title 26 - Public Utilities|Chapter 1. Public Service Commission|Subchapter III-A. Renewable Energy Portfolio Standards|§ 355. Renewable energy credits.

§ 355. Renewable energy credits. (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. 75 Del. Laws, c. 205, §  1;
26 DE Code § 356. (2021)
2021 Delaware Code|Title 26 - Public Utilities|Chapter 1. Public Service Commission|Subchapter III-A. Renewable Energy Portfolio Standards|§ 356. Multiple credits for specific energy sources.

§ 356. Multiple credits for specific energy sources. (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. 75 Del. Laws, c. 205, §  1;  76 Del. Laws, c. 165, §  6;  76 Del. Laws, c. 248, §  1;  77 Del. Laws, c. 451, §  12;
26 DE Code § 357. (2021)
2021 Delaware Code|Title 26 - Public Utilities|Chapter 1. Public Service Commission|Subchapter III-A. Renewable Energy Portfolio Standards|§ 357. Proportional credit for eligible landfill gas and biogas.

§ 357. Proportional credit for eligible landfill gas and biogas. A retail electricity supplier or municipal electric company shall receive credit toward meeting renewable energy portfolio standards established pursuant to this subchapter for electricity derived from the fraction of eligible landfill gas or biogas combined with other fuels. 75 Del. Laws, c. 205, §  1;
26 DE Code § 359. (2021)
2021 Delaware Code|Title 26 - Public Utilities|Chapter 1. Public Service Commission|Subchapter III-A. Renewable Energy Portfolio Standards|§ 359. Renewable energy tracking system.

§ 359. Renewable energy tracking system. (a) The Commission shall establish, maintain or participate in a market-based renewable energy tracking system to facilitate the creation, and transfer of renewable energy credits among retail electricity suppliers. A municipal electric company may elect to participate in the tracking system established by the Commission and may elect to participate in the GATS system once it is operational. (b) The Commission may contract with a for-profit or a nonprofit entity to administer, or assist in the administration of, the renewable energy tracking system required pursuant to this section. (c) The renewable energy tracking system shall include a registry of information regarding all:  (1) Available renewable energy credits; and (2) Renewable energy credit transactions among electric suppliers in the State, including:  a. The creation and application of renewable energy credits; and b. The number of renewable energy credits sold or transferred. (d) The renewable energy tracking system registry shall provide current aggregated information to retail electricity suppliers and the public on the status of renewable energy credits created, sold, or transferred in the State. Information contained in the renewable energy tracking system registry shall be available by computer network access through the Internet; provided, however, that the Commission may establish reasonable limitation on the disclosure of commercially-sensitive information. 75 Del. Laws, c. 205, §  1;
26 DE Code § 361. (2021)
2021 Delaware Code|Title 26 - Public Utilities|Chapter 1. Public Service Commission|Subchapter III-A. Renewable Energy Portfolio Standards|§ 361. Renewable energy credit transaction fee.

§ 361. Renewable energy credit transaction fee. 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. 75 Del. Laws, c. 205, §  1;