reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 26 - Public Utilities › Chapter 1. PUBLIC SERVICE COMMISSION › Subchapter II. Jurisdiction and Powers › § 218. Violations and penalties.

§ 218. Violations and penalties.
(a) Whoever knowingly performs, commits, or does, or participates in performing, committing or doing, or knowingly causes, participates or joins with others in causing any public utility to do, perform or commit, or advises, solicits, persuades, or knowingly instructs, directs or orders any officer, agent or employee of any public utility to perform, commit or do any act or thing forbidden or prohibited by this chapter, shall be fined not more than $1,000 or imprisoned not more than 6 months or both.
(b) This section shall not apply to violations for which another specific penalty is provided in this chapter.
47 Del. Laws, c. 254, §  14;  26 Del. C. 1953, §  169;  56 Del. Laws, c. 258;  59 Del. Laws, c. 397, §  1;
2023 Delaware Code › Title 26 - Public Utilities › Chapter 1. PUBLIC SERVICE COMMISSION › Subchapter II. Jurisdiction and Powers › § 221. Telecommunications Relay Service Advisory Committee.

§ 221. Telecommunications Relay Service Advisory Committee.
(a) The purpose of the Telecommunications Relay Service Advisory Committee is to oversee the relay services contract, the Delaware relay web site, new product announcements and all associated outreach programs. The Telecommunications Relay Service Advisory Committee shall advise any public utility which is authorized by the Commission to provide a statewide telecommunications relay service (TRS), and to also advise any contractor, designee, agent or assign of such public utility on matters related to the use of the TRS.
(b) The Telecommunications Relay Service Advisory Committee is composed of the following 11 members:
(1) A representative from a public utility, authorized by the Commission to provide a statewide TRS utility.
(2) A person designated by the TRS utility that is under contract with such utility to provide all or part of a statewide TRS.
(3) The 9-1-1 Administrator for the State, or a designee of the 9-1-1 Administrator for the State.
(4) A representative from the Division for the Visually Impaired.
(5) A representative from the Department of Technology and Information.
(6) A representative from the Delaware Association of the Deaf.
(7) A representative from the Delaware Assistive Technology Initiative.
(8) A representative from the Hearing Loss Association of Delaware.
(9) A representative from the Delaware Office for the Deaf and Hard of Hearing.
(10) A representative from the Delaware School for the Deaf.
(11) A representative from Independent Resources, Inc.
(c) A public utility acting as a member of the Telecommunications Relay Service Advisory Committee shall be obligated to reimburse such Committee for the reasonable expenses incurred by such Committee for interpreter services. The Telecommunications Relay Service Advisory Committee shall submit invoices for such reasonable expenses to a public utility obligated to reimburse the Committee for the same. These expenses shall be recovered by a reimbursing public utility in the manner authorized by the Commission for recovery of any other costs associated with the implementation and operation of a TRS.
68 Del. Laws, c. 145, §  1;  77 Del. Laws, c. 308, §  1;  82 Del. Laws, c. 53, § 1;
2023 Delaware Code › Title 26 - Public Utilities › Chapter 1. PUBLIC SERVICE COMMISSION › Subchapter II. Jurisdiction and Powers › § 222. Exemption from criminal and civil liability.

§ 222. Exemption from criminal and civil liability.
The following parties shall not be liable for criminal prosecution or subject to a civil action arising from the relay of any message in the course of providing, or operating, a statewide dual party relay service:
(1) A public utility providing a statewide dual party relay service (DPRS utility);
(2) Any person or entity with whom the DPRS utility has contracted for the operation of all or a part of such relay service; or
(3) Any employee or agent of a DPRS utility, and any employee of any person or entity with whom such utility has contracted.
68 Del. Laws, c. 145, §  1;
2023 Delaware Code › Title 26 - Public Utilities › Chapter 1. PUBLIC SERVICE COMMISSION › Subchapter III. Rates › § 301. Rate schedule and rate classifications.

§ 301. Rate schedule and rate classifications.
(a) The Commission may require every public utility to file with the Commission complete schedules of every classification employed and of every individual or joint rate, fare or charge made, charged or executed by the public utility for any regulated product or service supplied or rendered within this State. Every application for a certificate of public convenience and necessity shall include a proposed tariff for approval by the Commission. A copy of all regulated tariffs then in effect shall be available for inspection by customers at each public office of the utility where applications for service are received.
(b) This section shall not apply to charges made for electric supply service or for transmission or ancillary services on and after October 1, 1999, for Delmarva Power & Light Company and April 1, 2000, for Delaware Electric Cooperative.
(c) Any person or entity in the business of a wastewater utility as of June 7, 2004, and subject to the supervision and regulation of the Commission under this chapter shall file a schedule of its rates in effect as of June 7, 2004, by November 3, 2004, in such form as the Commission may require. On July 6, 2004, such wastewater utility's rates will be deemed in effect pending the outcome of an initial rate change request application filed in accordance with this title. Such application must be filed by January 2, 2005. A wastewater utility required to make such a rate filing may seek the assistance of the Commission in preparing its rate filing. Rates in effect on July 6, 2004, shall be deemed temporary and not subject to change, unless ordered by the Commission. Section 306 of this title shall not apply pending the outcome of this initial rate setting case. The Commission shall have 9 months to complete its review following the filing of the rate change application. However, to the extent possible, the Commission shall attempt to expedite such application. For good cause shown, the Commission may waive any provision of this subsection.
(d) Notwithstanding any other law, no public utility 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 provider in the same service territory.
(e) Notwithstanding any other law, a public utility that provides telecommunications services shall not be subject to mandatory tariff or other filing requirements except with respect to switched access service.
47 Del. Laws, c. 254, §  3;  26 Del. C. 1953, §  128;  59 Del. Laws, c. 397, §  1;  72 Del. Laws, c. 10, §  11;  74 Del. Laws, c. 317, §  7;  78 Del. Laws, c. 174;  79 Del. Laws, c. 53, §  7;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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 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.
47 Del. Laws, c. 254, §  5;  48 Del. Laws, c. 371, §  10;  26 Del. C. 1953, §  154;  59 Del. Laws, c. 397, §  1;  84 Del. Laws, c. 42, § 127;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 Delaware Code › Title 26 - Public Utilities › Chapter 1. PUBLIC SERVICE COMMISSION › Subchapter III-A. Renewable Energy Portfolio Standards › § 362. Rules and regulations.

§ 362. Rules and regulations.
(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.]
75 Del. Laws, c. 205, §  1;  77 Del. Laws, c. 451, §  20;  83 Del. Laws, c. 3, § 3;
2023 Delaware Code › Title 26 - Public Utilities › Chapter 1. PUBLIC SERVICE COMMISSION › Subchapter III-A. Renewable Energy Portfolio Standards › § 363. Special provisions for municipal electric companies and rural electric cooperatives.

§ 363. Special provisions for municipal electric companies and rural electric cooperatives.
(a) Any municipal electric company and any rural electric cooperative may elect to exempt itself from the requirements of this subchapter, if it develops and implements a comparable program to the renewable energy portfolio standards for its ratepayers beginning in 2022.
(b) In the event that a municipal electric company or rural electric cooperative elects to exempt itself from the requirements of this subchapter, it shall submit a plan at the beginning of 2022 to its local regulatory authority, the Delaware General Assembly, and the Department of Natural Resources and Environmental Control detailing its approach to achieve a level of renewable energy penetration in its service territory, and shall submit an annual compliance report to its local regulatory authority, the Delaware General Assembly, and the Department of Natural Resources and Environmental Control detailing its progress toward yearly targets.
(c) The Board of Directors for a rural electric cooperative or local regulatory authority of a municipal electric company shall base renewable energy portfolio standard decisions on the need, value and feasibility of the renewable energy resources pertaining to the economic and environmental well being of their members. The Board of Directors for a rural electric cooperative or local regulatory authority of a municipal electric company shall continue to evaluate all renewable energy resources including but not limited to:
wind, biomass, hydroelectric and solar and submit an annual report to the General Assembly and their membership as to their determination.
(d) In the event that a municipal electric company or rural electric cooperative elects to exempt itself, it shall either contribute to the Green Energy Fund at levels commensurate with other retail electricity suppliers or create an independent, self-administered fund separate from the Green Energy Fund to be used in support of energy efficiency technologies, renewable energy technologies, or demand side management programs, into which it shall make payments of at least $0.178 for each megawatt-hour it sells, transmits, or distributes in this State.
(e)-(i) [Repealed.]
(j) In pursuit of their renewable energy goals, a municipal electric company or rural electric cooperative shall receive all appropriate multiple credits for specific energy sources, as established under §§ 356 and 357 of this title and sited in Delaware for the life of contracts for renewable energy credits.
75 Del. Laws, c. 205, §  1;  77 Del. Laws, c. 451, §  21;  83 Del. Laws, c. 3, § 4;
2023 Delaware Code › Title 26 - Public Utilities › Chapter 1. PUBLIC SERVICE COMMISSION › Subchapter IV. Regulatory Provisions › § 401. Resident agent.

§ 401. Resident agent.
Every public utility shall file with the Commission a designation in writing of the name and post-office address of a person resident within this State upon whom service of any notice, order or process may be made under this chapter. Such designation may, from time to time, be changed by like writing similarly filed.
47 Del. Laws, c. 254, §  11A;  48 Del. Laws, c. 371, §  17;  26 Del. C. 1953, §  164;  59 Del. Laws, c. 397, §  1;
2023 Delaware Code › Title 26 - Public Utilities › Chapter 1. PUBLIC SERVICE COMMISSION › Subchapter IV. Regulatory Provisions › § 402. Previous and current meter readings.

§ 402. Previous and current meter readings.
All bills presented by and on behalf of all public utilities providing steam, manufactured gas, natural gas, electric light, heat, power or water based on meter readings shall, before being honored, show the previous and current meter readings.
38 Del. Laws, c. 89;  Code 1935, §  4273;  26 Del. C. 1953, §  168;  59 Del. Laws, c. 397, §  1;
2023 Delaware Code › Title 26 - Public Utilities › Chapter 1. PUBLIC SERVICE COMMISSION › Subchapter IV. Regulatory Provisions › § 403. Expansion of facilities and services of water companies in State.

§ 403. Expansion of facilities and services of water companies in State.
(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.
59 Del. Laws, c. 397, §  1;  72 Del. Laws, c. 161, §  1;  72 Del. Laws, c. 402, §  8;  76 Del. Laws, c. 381, §  1;
2023 Delaware Code › Title 26 - Public Utilities › Chapter 1. PUBLIC SERVICE COMMISSION › Subchapter IV. Regulatory Provisions › § 404. Relocation of residential gas meters and other equipment [For application of this section, see 80 Del. Laws, c. 309, § 2].

§ 404. Relocation of residential gas meters and other equipment [For application of this section, see 80 Del. Laws, c. 309, § 2].
(a) Prior to the relocation of any inside residential gas meter, the public utility shall consult with each owner of the property as to the owner's preference for retaining the gas meter inside or relocating it to an outside location. If the gas meter remains inside, no person shall conceal the meter by plaster, sheathing, or any other materials or means, and the meter must be located in a ventilated area, not less than 3 feet away from any source of ignition and any sources of heat. If the public utility determines that it is feasible for the other residential gas equipment, such as the regulator and valve and accessories thereto, to be located outside, such equipment shall be relocated outside.
(b) If the gas meter is relocated to an outside location, the public utility shall determine a feasible location that is least visibly prominent and considers the preference of each owner of the property. If requested by a property owner, the public utility will provide initial landscaping or other screening to camouflage the gas meter.
(c) In the event that a gas meter remains inside, each owner of the residential property shall grant reasonable access to the public utility to maintain, repair, replace, or inspect the gas meter, consistent with the provisions of the public utility's tariff provisions. If any property owner denies the public utility reasonable access to the gas meter, the property's gas service shall be subject to termination, in which event, upon reconnection of service, the public utility may, in its sole discretion, move the gas meter outside consistent with the provisions of subsection (b) of this section.
(d) Notwithstanding any provision of the Delaware Code or any law, ordinance, rule, or regulation of any county or municipality to the contrary, the public utility may relocate the gas meter outside, with the property owner's approval, where a property is located in a historic district, neighborhood conservation district, or other designated district subject to design standards or guidelines involving review and approval by applicable governmental boards or agencies, or is eligible for listing or is listed on the National Register of Historic Places. The public utility shall relocate the other gas equipment for the property, such as the regulator and valve and accessories thereto, outside. If the gas meter and other equipment are moved outside, the public utility shall provide initial landscaping or other screening to camouflage the gas meter and other gas equipment.
(e) As used in this section, the term “feasible” means that which is consistent with gas industry safety standards and in compliance with the public utility's design and engineering requirements.
80 Del. Laws, c. 309, § 1;
2023 Delaware Code › Title 26 - Public Utilities › Chapter 1. PUBLIC SERVICE COMMISSION › Subchapter V. Hearings and Appeals › § 501. Investigations, inquiries or hearings by Commission, its members or representatives.

§ 501. Investigations, inquiries or hearings by Commission, its members or representatives.
(a) Any investigation, inquiry or hearing which the Commission has power to undertake or hold may be undertaken or held by or before the Commission, or any member or representative of the Commission designated by it.
(b) All investigations, inquiries, or hearings before a Commissioner shall be and are deemed to be the investigations, inquiries and hearings of the Commission.
(c) Any determination or order of a Commissioner upon any such investigation, inquiry or hearing undertaken or held by the Commissioner shall not become and be effective until approved and confirmed by at least a quorum of the Commission; and upon such confirmation, such determination or order shall be the determination or order of the Commission.
47 Del. Laws, c. 254, §  1;  48 Del. Laws, c. 371, §  3;  26 Del. C. 1953, §  181;  59 Del. Laws, c. 397, §  1;  84 Del. Laws, c. 42, § 128;
2023 Delaware Code › Title 26 - Public Utilities › Chapter 1. PUBLIC SERVICE COMMISSION › Subchapter V. Hearings and Appeals › § 502. Investigation, inquiry or hearing conducted by examiner.

§ 502. Investigation, inquiry or hearing conducted by examiner.
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.
47 Del. Laws, c. 254, §  1;  48 Del. Laws, c. 371, §  3;  26 Del. C. 1953, §  182;  59 Del. Laws, c. 397, §  1;  84 Del. Laws, c. 42, § 129;
2023 Delaware Code › Title 26 - Public Utilities › Chapter 1. PUBLIC SERVICE COMMISSION › Subchapter V. Hearings and Appeals › § 503. Rules governing conduct of hearings; findings and order.

§ 503. Rules governing conduct of hearings; findings and order.
(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.
47 Del. Laws, c. 254, §  1;  48 Del. Laws, c. 371, §  3;  26 Del. C. 1953, §  183;  59 Del. Laws, c. 397, §  1;
2023 Delaware Code › Title 26 - Public Utilities › Chapter 1. PUBLIC SERVICE COMMISSION › Subchapter V. Hearings and Appeals › § 504. Compelling attendance of witnesses and production of documents; oaths; subpoenas.

§ 504. Compelling attendance of witnesses and production of documents; oaths; subpoenas.
(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.
47 Del. Laws, c. 254, §  9;  48 Del. Laws, c. 371, §  14;  26 Del. C. 1953, §  184;  59 Del. Laws, c. 397, §  1;
2023 Delaware Code › Title 26 - Public Utilities › Chapter 1. PUBLIC SERVICE COMMISSION › Subchapter V. Hearings and Appeals › § 505. Witness fees and mileage.

§ 505. Witness fees and mileage.
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.
47 Del. Laws, c. 254, §  9;  48 Del. Laws, c. 371, §  14;  26 Del. C. 1953, §  185;  59 Del. Laws, c. 397, §  1;