reglab/housing_qa huggingface dataset:
26 DE Code § 1010. (2021)
2021 Delaware Code|Title 26 - Public Utilities|Chapter 10. Electric Utility Restructuring|§ 1010. Electric distribution companies' obligation to serve customers.

§ 1010. Electric distribution companies' obligation to serve customers. (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. 72 Del. Laws, c. 10, §  3;  74 Del. Laws, c. 73, §§  4, 5;  75 Del. Laws, c. 242, §  8;
26 DE Code § 1011. (2021)
2021 Delaware Code|Title 26 - Public Utilities|Chapter 10. Electric Utility Restructuring|§ 1011. Metering and billing.

§ 1011. Metering and billing. (a) The following provisions shall govern metering and billing for customers in DP&L's service territory:  (1) Each customer shall have the right to choose to receive separate bills from DP&L and from its electric supplier, or to receive a combined bill from either DP&L or its electric supplier, for electric supply, transmission, distribution, ancillary and other services, consistent with the regulations of the Commission. (2) If the customer does not elect a billing option, DP&L shall be responsible for billing customers for all electric supply, transmission, distribution, ancillary and other services, regardless of the identity of the provider of electric supply service. (3) Customer bills shall contain sufficient detail to enable the customer to determine the basis for all charges. (4) During the transition period, DP&L shall continue to own all meters and perform all meter-reading functions. After the transition period, or earlier if requested by DP&L, the Commission may permit others to provide some or all of such metering functions on a competitive basis. (b) The following provisions shall govern metering and billing for customers in DEC's service territory:  (1) DEC shall continue to bill each Customer for:  a. That customer's electric supply service, regardless of the electric supplier, and b. Transmission, distribution, ancillary and other services. (2) All customers in DEC's service territory shall continue to be members of DEC and the revenues for DEC's services shall continue to be treated as member revenue to DEC. (3) DEC shall continue to own and operate meters and perform meter reading functions in its Commission-designated service territory.72 Del. Laws, c. 10, §  3;
26 DE Code § 1012. (2021)
2021 Delaware Code|Title 26 - Public Utilities|Chapter 10. Electric Utility Restructuring|§ 1012. Certification of electric suppliers.

§ 1012. Certification of electric suppliers. (a) Certification requirements. — Prior to doing business in Delaware, every electric supplier seeking to provide electric supply service to customers shall obtain a certificate from the Commission. The Commission shall promulgate rules and regulations governing the information that electric suppliers shall be required to provide and requirements to be satisfied in order to obtain such certificate. The failure by any electric supplier to comply with any of the requirements promulgated by the Commission shall result in penalties, including monetary assessments, suspension or revocation of the electric supplier's certificate, or other sanctions. (b) Rules and regulations. — The Commission may promulgate rules and regulations with respect to electric suppliers and electric supply service to protect customers after the implementation of retail competition, including those related to standardized customer information billing, service terms and conditions, dispute procedures, changing suppliers and standards for suppliers who offer environmentally-advantageous “Green Power'' options, such as electricity generated from renewable resources, biomass, hydroelectric and other such generating sources. All electric suppliers shall consent to the jurisdiction of the Delaware courts for acts or omissions arising from their activities in the State. Electric suppliers shall not solicit customers by means of telemarketing where such telemarketing is prohibited by applicable laws and regulations. (c) Fees and assessments. — (1) Electric suppliers required to obtain a certificate to provide retail electric supply service shall pay an application fee of $750. (2) For purposes of §§ 114 (Charges and fees; costs and expenses of proceedings), 115 (Public policy; regulatory assessment; definition of revenue; returns; collection of assessment), and 116 (Delaware Public Service Commission Revolving Fund; deposit of moneys collected) of this title, an electric supplier shall be deemed to be a public utility'' as defined in § 102(2) of this title.72 Del. Laws, c. 10, §  3;  75 Del. Laws, c. 242, §  9;  82 Del. Laws, c. 11, § 9;
26 DE Code § 1013. (2021)
2021 Delaware Code|Title 26 - Public Utilities|Chapter 10. Electric Utility Restructuring|§ 1013. Market power remediation.

§ 1013. Market power remediation. (a) On or after October 1, 1999, upon complaint or upon its own motion, for good cause shown, the Commission may conduct an investigation of the retail electric supply service market and whether the function of that market is being adversely affected by market power arising from the ownership or control of facilities and equipment used to provide electric supply service. (b) If, as a result of an investigation conducted under this section, the Commission has reason to believe that market power in the relevant market under the Commission's jurisdiction is preventing retail electric customers in the State from obtaining the benefits of retail competition, the Commission may take remedial actions to mitigate the impact of such activities, including ordering divestiture. However, in the case of divestiture, the Commission may only order divestiture of generating assets of a public utility and only in an extreme situation and as a last resort measure. 72 Del. Laws, c. 10, §  3;
26 DE Code § 1015. (2021)
2021 Delaware Code|Title 26 - Public Utilities|Chapter 10. Electric Utility Restructuring|§ 1015. Procedures to govern commission proceedings.

§ 1015. Procedures to govern commission proceedings. (a) The Commission is authorized to enter such orders and adopt such regulations as may be needed to implement retail competition in accordance with this title. In order to allow the Commission to implement retail competition on the implementation dates set forth in [former] § 1003(b) of this title, the Commission may waive procedures required by §§ 1131-1136 and §§ 10111-10128 of Title 29 with respect to proceedings or rulemakings authorized by this chapter which must be completed prior to the implementation dates. In case of such waiver, the Commission shall provide notice in such a manner to allow all interested and affected persons an opportunity to comment upon and participate in the proposed action or rulemaking and shall conduct such proceedings or rulemakings in accordance with the principles of due process and fundamental fairness. All regulations shall be published in the Delaware Register of Regulations. Such orders and regulations shall become effective on a date designated by the Commission consistent with the requirements of this chapter. Judicial review of such final orders or regulations shall remain available under §§ 10141 and 10142 of Title 29. (b) Matters relating to either DP&L's or DEC's restructuring plans may also be resolved by stipulation and settlement pursuant to § 512 of this title. 72 Del. Laws, c. 10, §  3;
26 DE Code § 1016. (2021)
2021 Delaware Code|Title 26 - Public Utilities|Chapter 10. Electric Utility Restructuring|§ 1016. Change of control.

§ 1016. Change of control. (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.72 Del. Laws, c. 10, §  3;
26 DE Code § 1017. (2021)
2021 Delaware Code|Title 26 - Public Utilities|Chapter 10. Electric Utility Restructuring|§ 1017. Filing information with public advocate.

§ 1017. Filing information with public advocate. Nothing in this chapter shall be construed to limit or constrain in any way the right of the Division of the Public Advocate to receive information pursuant to § 8716(d)(5) of Title 29. 72 Del. Laws, c. 10, §  3;
26 DE Code § 1018. (2021)
2021 Delaware Code|Title 26 - Public Utilities|Chapter 10. Electric Utility Restructuring|§ 1018. Electric cooperatives exempt from Commission supervision and jurisdiction.

§ 1018. Electric cooperatives exempt from Commission supervision and jurisdiction. Notwithstanding any other provision of this chapter, any electric cooperative, while exempt from the supervision and jurisdiction of the Commission pursuant to §§ 202(g) and 223 of this title, shall be exempt from all provisions of this chapter except as specified in § 224 of this title. 73 Del. Laws, c. 157, §  3;
26 DE Code § 1020. (2021)
2021 Delaware Code|Title 26 - Public Utilities|Chapter 10. Electric Utility Restructuring|§ 1020. Energy efficiency planning; loading order.

§ 1020. Energy efficiency planning; loading order. (a) Integrated resource plans (IRPs) filed with the Commission pursuant to § 1007 of this title shall include a detailed description of the energy efficiency activities of the utility. Electricity demand response programs shall be directly implemented by the utility. Demand-side management and other energy efficiency activities shall be implemented by the SEU (as defined in § 8059 of Title 29), in collaboration with the utility. The contributions of utility-implemented and SEU-implemented programs shall be considered in meeting the Energy Efficiency Resource Standards required under Chapter 15 of this title. (b) In preparing the IRP, the utility shall first consider electricity demand response and demand-side management strategies for meeting base load and load growth needs and shall preferentially obtain electricity demand response resources through utility operated programs or demand-side management resources from the SEU or Weatherization Assistance Program, and cost-effective renewable energy resources before considering traditional fossil fuel-based electric supply services to meet their retail electricity supplier (as defined in § 352 of this title) obligations. 77 Del. Laws, c. 188, §  4;
26 DE Code § 1101. (2021)
2021 Delaware Code|Title 26 - Public Utilities|Chapter 11. Steam, Heat and Power Corporations|§ 1101. Powers and duties.

§ 1101. Powers and duties. (a) (1) Every corporation organized under the provisions of Chapter 1 of Title 8 for the purpose of producing or distributing steam, heat and power, in addition to the powers conferred upon corporations generally, may lay the necessary pipes and conduits beneath the public roads, highways, streets, avenues and alleys in this State. (2) Such pipes and conduits shall be laid at least 3 feet 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 city, town and district wherein or through which it is contemplated to lay such pipes 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 the council or town commissioners shall be by ordinance of such council or commissioners duly adopted, or of such persons having control over the public roads or highways, by resolution 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 public 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 cities, towns or districts of this State shall be subject to such terms, regulations and restrictions as may be imposed by the council, town commissioners or other persons having control over the public roads and highways of the district, and the portions of the surface of the roads, highways, streets, avenues and alleys disturbed in laying the pipes shall be immediately restored to their original condition and any pavements which are removed for the purpose of laying or repairing the pipes shall be restored to as good condition as they were previously thereto and so maintain the same for 6 months after the completion of the work. (2) In case of failure on the part of the corporation to so maintain and restore the pavements, 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.21 Del. Laws, c. 273, §  99;  22 Del. Laws, c. 166, §  17;  Code 1915, §  2042;  Code 1935, §  2186;  26 Del. C. 1953, §  1101;
26 DE Code § 1102. (2021)
2021 Delaware Code|Title 26 - Public Utilities|Chapter 11. Steam, Heat and Power Corporations|§ 1102. Laying pipes or conduits.

§ 1102. Laying pipes or conduits. 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. 21 Del. Laws, c. 273, §  100;  22 Del. Laws, c. 166, §  17;  Code 1915, §  2043;  Code 1935, §  2187;  26 Del. C. 1953, §  1102;
26 DE Code § 1302. (2021)
2021 Delaware Code|Title 26 - Public Utilities|Chapter 13. Gas, Water and Oil Corporations|§ 1302. Eminent domain.

§ 1302. Eminent domain. In case any corporation mentioned in this chapter desiring to acquire, occupy or use any lands in this State for its corporate use cannot agree with the owner thereof as to the terms and conditions of such acquisition, occupancy or use and the value, compensation or damages to be paid for such acquisition, occupancy or use, it may acquire, use and hold such lands by condemnation proceeding in the manner prescribed by Chapter 61 of Title 10. 21 Del. Laws, c. 273, §  104;  22 Del. Laws, c. 166, §  18;  Code 1915, §  2047;  Code 1935, §  2191;  26 Del. C. 1953, §  1302;
26 DE Code § 1303. (2021)
2021 Delaware Code|Title 26 - Public Utilities|Chapter 13. Gas, Water and Oil Corporations|§ 1303. Crossing agricultural lands.

§ 1303. Crossing agricultural lands. Any gas, oil or water company which lays pipes, tubes or conduits on any lands cleared and used for agricultural purposes shall bury the same at least 24 inches below the surface if so required by the owner of the land. 21 Del. Laws, c. 273, §  104;  22 Del. Laws, c. 166, §  18;  Code 1915, §  2047;  Code 1935, §  2191;  26 Del. C. 1953, §  1303;
26 DE Code § 1306. (2021)
2021 Delaware Code|Title 26 - Public Utilities|Chapter 13. Gas, Water and Oil Corporations|§ 1306. Reports by the Water Supply Coordinating Council.

§ 1306. Reports by the Water Supply Coordinating Council. (a) The Water Resources Agency (“WRA”), the Delaware Geological Survey (“DGS”), the Department of Natural Resources and Environmental Control (“DNREC”), and the Division of Public Health (DPH) shall assist the Water Supply Coordinating Council (“WSCC”) to help ensure the timely implementation of the projects identified in the WSCC report dated January 17, 2003. (b) The WRA, DGS, DNREC, and DPH shall prepare periodic reports on behalf of the Water Supply Coordinating Council (WSCC) for the Governor and the General Assembly summarizing the progress towards completion of the projects identified in the report. The first report shall be submitted on or before December 31, 2003, with additional reports submitted at least annually. (c) The principal duty of the Council shall be to work cooperatively with WRA, DGS, DNREC, and DPH to continue to achieve water supply self sufficiency in northern New Castle County, and to develop and publish water supply plans for southern New Castle County, Kent County and Sussex County. These plans shall identify and describe uses, localities or areas where water supply issues exist and identify and describe localities or areas where future water supply issues may occur. These areas and uses should include, but not be limited to Middletown-Odessa-Townsend, Dover and central Kent County, Coastal Sussex County and agricultural irrigation uses. These plans shall contain an estimate of existing and future public and private water supplies and water demands through 2030. Private demands shall take into account, to the maximum extent practicable, all domestic, industrial and irrigation uses. Additional duties of the Council shall consist of performing the following specific functions:  (1) The WSCC may explore development of an appropriate funding mechanism to facilitate timely completion of necessary tasks to provide technical input in conducting hydraulic field tests and/or modeling to optimize and expand, where appropriate, water utility connections; and (2) To work with water utilities to develop cost and capacity agreements subject to approval by the applicable rate-setting authority for the purchase of water supplies during drought and other times emphasizing the need for providers with supply deficiencies to enter agreements which assure adequate supply to customers; (3) [Repealed.]72 Del. Laws, c. 409, §  2;  74 Del. Laws, c. 184, §  1;  77 Del. Laws, c. 107, §§  2-7;
26 DE Code § 1307. (2021)
2021 Delaware Code|Title 26 - Public Utilities|Chapter 13. Gas, Water and Oil Corporations|§ 1307. Recovery of costs of water supply enhancement projects in rates of public utilities.

§ 1307. Recovery of costs of water supply enhancement projects in rates of public utilities. In the case of a public utility subject to the jurisdiction of the Public Service Commission, upon the determination by the Commission that a water supply enhancement project identified as necessary to assure adequate supply in a report of the Water Supply Coordinating Council has been placed into service by the utility and is used and useful in the provision of public utility service, the public utility shall be entitled to recover, in its rates, its reasonable and prudently incurred capital and ongoing operating costs for such project. Nothing in this section shall preclude the Commission from authorizing an allowance for funds used during construction for any such identified enhancement project. 72 Del. Laws, c. 409, §  3;  74 Del. Laws, c. 184, §  1;
26 DE Code § 1308. (2021)
2021 Delaware Code|Title 26 - Public Utilities|Chapter 13. Gas, Water and Oil Corporations|§ 1308. Length of service for the Water Supply Coordinating Council.

§ 1308. Length of service for the Water Supply Coordinating Council. The designation of the Water Supply Coordinating Council, and the duties and responsibilities conferred by this section shall end on January 31, 2022. 72 Del. Laws, c. 409, §  4;  74 Del. Laws, c. 184, §  1;  77 Del. Laws, c. 107, §  8;  80 Del. Laws, c. 108, §  1;