reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 26 - Public Utilities › Chapter 9. TELEGRAPH, TELEPHONE AND ELECTRIC UTILITY CORPORATIONS › Subchapter I. General Provisions › § 901. Location of lines; eminent domain.

§ 901. Location of lines; eminent domain.
(a) Any telegraph corporation, any telephone corporation or any corporation using lines or wires for the transmitting of electrical current, whether created by prior special act or organized under Chapter 1 of Title 8, may erect, construct and maintain its telegraph or telephone lines or its wires for transmitting electrical current and the necessary fixtures for the same through and across or under any of the canals and canal lands, rivers or other waters and also along any highways within the limits of this State, outside of highways within the limits of and maintained by incorporated cities and towns, subject to the approval or authority of the public authority having charge or control of such highways and also subject to the right of the owners of the fee on such highways and to the owners abutting upon such highways to full compensation to the extent that their property is taken or burdened.
(b) Whenever any such corporation cannot agree with any such owner as to purchase or damages, the corporation may proceed for the condemnation of any such franchises, easements, canals, canal lands, rivers or other waters or highways or burdens imposed upon landowners abutting upon any highways whether owners of the fee in the bed of such highways or not in manner prescribed by Chapter 61 of Title 10.
(c) All new extensions within a subdivision of electric distribution, telephone, and telegraph lines applied for after July 7, 1970 and necessary to furnish permanent service to new residential buildings in a subdivision having 5 or more building lots or to new multi-occupancy buildings, shall be placed underground, except in situations where the Public Service Commission of Delaware determines that the placing of such utility lines underground is not feasible from an economic, engineering or physical standpoint. Such extension of service shall be made by the utility in accordance with its rules and regulations which must be approved by the Delaware Public Service Commission.
22 Del. Laws, c. 394, §  105;  27 Del. Laws, c. 189;  Code 1915, §  2049;  33 Del. Laws, c. 106;  Code 1935, §  2193;  26 Del. C. 1953, §  901;  57 Del. Laws, c. 686.;
2023 Delaware Code › Title 26 - Public Utilities › Chapter 9. TELEGRAPH, TELEPHONE AND ELECTRIC UTILITY CORPORATIONS › Subchapter I. General Provisions › § 902. Powers and duties of telegraph and telephone corporations; regulation of use of public roads, streets, etc.

§ 902. Powers and duties of telegraph and telephone corporations; regulation of use of public roads, streets, etc.
(a) Any telegraph or telephone corporation organized under Chapter 1 of Title 8, in addition to the powers conferred upon corporations generally, may occupy and use the public streets, roads, lanes, alleys, avenues, turnpikes and waterways within this State, or elsewhere, if it extends its lines and business, for the erection of poles and wires or cable or underground conduits, portions of which they may lease, rent or hire to other like companies.
(b) Before entering upon any street, road, lane, alley, avenue, turnpike or waterway the consent of the authorities having jurisdiction thereof shall have first been obtained and the same shall be used and occupied under such rules and regulations as are prescribed by such authorities.
(c) (1) The portions of the surfaces of the streets, avenues or alleys disturbed in laying the wires, cables or underground conduits shall be immediately restored to their original condition and any pavements which are removed for the purpose of laying or repairing the wires, cables or underground conduits shall be restored to as good condition as they were previous thereto and so maintained for 6 months after the completion of the work.
(2) In case of failure on the part of the corporation to so restore and maintain the same, the proper authorities having supervision of the streets, avenues and alleys may properly restore and maintain the same and the cost thereof may be recovered by the city, town or district from the corporation in any court of competent jurisdiction.
(d) (1) All posts or poles which are erected by authority conferred by this section shall be so located as in no way to interfere with the safety or convenience of persons traveling on or over the roads and highways.
(2) All wires fastened upon posts or poles so erected shall be placed at a height of not less than 18 feet above all road crossings except that the owner of said wires shall be solely responsible for removing them to whatever height necessary to eliminate any visual obstruction or any other interference between said wires and their appurtenances, and any traffic control device.
(e) The work shall be done at no cost to the Department of Transportation.
(f) That Department shall be the sole judge of the need to move the wires or appurtenances.
(g) All wires shall be not less than 23 feet above railroad crossings.
(h) No posts or poles shall be erected upon the soil or property of any person without first obtaining the written consent of the owner thereof.
21 Del. Laws, c. 273, §  105;  22 Del. Laws, c. 166, §  19;  22 Del. Laws, c. 394, §  105;  Code 1915, §  2048;  Code 1935, §  2192;  26 Del. C. 1953, §  902;  60 Del. Laws, c. 196, §  1;
2023 Delaware Code › Title 26 - Public Utilities › Chapter 9. TELEGRAPH, TELEPHONE AND ELECTRIC UTILITY CORPORATIONS › Subchapter I. General Provisions › § 903. Consolidation of telegraph or telephone corporations.

§ 903. Consolidation of telegraph or telephone corporations.
(a) Any telegraph or telephone corporation of this State, whether created by prior special act or under Chapter 1 of Title 8, may consolidate with any other telegraph or telephone company incorporated under the laws of this State, or any other state, or of the United States, whose telegraph or telephone lines, within or without this State, connect or form continuous lines with the telegraph or telephone lines of the company so consolidated, subject to the provisions of Chapter 1 of this title. Such consolidation shall be made in the manner and by the proceedings prescribed in Chapter 1 of Title 8.
(b) The corporation created thereby shall be possessed of, exercise and enjoy all the rights, powers and privileges which Chapter 1 of Title 8 confers upon consolidated companies. It shall likewise be possessed of and exercise and enjoy all the franchises, rights, powers, privileges, immunities and benefits which any corporation of this State, constituent thereof, was possessed of or entitled to exercise under its charter or any law of this State. It shall be subject within this State to the conditions and restrictions imposed by its charter on any corporation of this State, constituent thereof.
21 Del. Laws, c. 273, §  105;  22 Del. Laws, c. 166, §  19;  23 Del. Laws, c. 155, §  2;  Code 1915, §  2048;  Code 1935, §  2192;  26 Del. C. 1953, §  903;
2023 Delaware Code › Title 26 - Public Utilities › Chapter 9. TELEGRAPH, TELEPHONE AND ELECTRIC UTILITY CORPORATIONS › Subchapter I. General Provisions › § 904. Number of telephones on 1 line; penalty.

§ 904. Number of telephones on 1 line; penalty.
(a) No person or corporation operating, controlling or owning any telephone lines within this State known as party lines and for which the regular charge for separate telephones is at the rate of $20 or more per year shall have more than 8 telephones upon any 1 line.
(b) Whoever violates subsection (a) of this section shall be fined not less than $25 nor more than $100 for each offense.
27 Del. Laws, c. 289, §§  1, 2;  Code 1915, §  3596;  32 Del. Laws, c. 198;  Code 1935, §  4105;  26 Del. C. 1953, §  904;
2023 Delaware Code › Title 26 - Public Utilities › Chapter 9. TELEGRAPH, TELEPHONE AND ELECTRIC UTILITY CORPORATIONS › Subchapter I. General Provisions › § 905. Placement of telegraph wires.

§ 905. Placement of telegraph wires.
Telegraph wires shall be attached to the poles at least 12 feet above the ground except where they enter a house. If any agent of a telegraph company having supervision of the line suffers this provision to be violated for 10 days after notice by mail directed to the agent at the post office nearest the agent's residence, the agent shall forfeit and pay $20 to anyone who will sue for the same.
Code 1852, §§  2883, 2884;  Code 1915, §  4766;  Code 1935, §  5229;  26 Del. C. 1953, §  905;  84 Del. Laws, c. 42, § 133;
2023 Delaware Code › Title 26 - Public Utilities › Chapter 9. TELEGRAPH, TELEPHONE AND ELECTRIC UTILITY CORPORATIONS › Subchapter I. General Provisions › § 906. Powers and duties of electric utility corporations; regulation of use of public roads, streets, etc.

§ 906. Powers and duties of electric utility corporations; regulation of use of public roads, streets, etc.
(a) Every corporation organized under Chapter 1 of Title 8 for the purpose of constructing, maintaining and operating works for the supply and distribution of electricity for electric lights, heat or power, in addition to the powers conferred upon corporations generally, may use the public roads, highways, streets, avenues and alleys in this State for the purpose of erecting posts or poles on the same to sustain the necessary wires and fixtures. The consent of the council, town commissioners or other persons having control over the public roads, highways, streets, avenues and alleys of the city, town and district in or upon which the posts or poles are to be erected shall first, and as a condition precedent, be obtained.
(b) No posts or poles shall be erected in any street of any city or incorporated town except in those streets which are designated by the authorities thereof and then only in such place and manner as is thus designated, and the same shall be so located as in no way to interfere with the safety or convenience of persons traveling on or over the streets, highways and roads. The use of the public streets in any of the cities and incorporated towns of this State shall be subject to such regulations and taxation as may be first imposed by the corporate authorities of such cities and towns.
(c) No posts or poles shall be erected upon the soil or property of any person without first obtaining the consent in writing of the owner of the soil or property.
(d) Any wire crossing a railroad shall not be at a less elevation than 23 feet.
21 Del. Laws, c. 273, §  101;  22 Del. Laws, c. 166, §  17;  Code 1915, §  2044;  Code 1935, §  2188;  26 Del. C. 1953, §  906;
2023 Delaware Code › Title 26 - Public Utilities › Chapter 9. TELEGRAPH, TELEPHONE AND ELECTRIC UTILITY CORPORATIONS › Subchapter I. General Provisions › § 907. Laying pipes, conduits or wires by electric utility corporations.

§ 907. Laying pipes, conduits or wires by electric utility corporations.
Every corporation mentioned in § 906 of this title may lay pipes, conduits or wires beneath the public roads, highways, streets, avenues and alleys as it deems necessary. The pipes, conduits and wires shall be laid at least 2 feet below the surface of the same and shall not in any way unnecessarily obstruct or interfere with public travel or damage public or private property. No public streets shall be opened for such purpose without the consent of the counsel of any city, or the town commissioners of any incorporated town, or other persons having control over the public roads, highways, streets, avenues and alleys. Such use of the public streets in any of the cities and towns of this State shall be subject to such regulations, taxation and restrictions as may be first imposed by the corporate authorities of such cities and towns.
21 Del. Laws, c. 273, §  102;  22 Del. Laws, c. 166, §  17;  Code 1915, §  2045;  Code 1935, §  2189;  26 Del. C. 1953, §  907;  57 Del. Laws, c. 446.;
2023 Delaware Code › Title 26 - Public Utilities › Chapter 9. TELEGRAPH, TELEPHONE AND ELECTRIC UTILITY CORPORATIONS › Subchapter I. General Provisions › § 908. Easements for public utilities across railroad property, rights-of-way, or occupations.

§ 908. Easements for public utilities across railroad property, rights-of-way, or occupations.
Any public utility operating within the State may acquire a utility easement for its public use in accordance with Chapter 61 of Title 10 whenever all the following conditions are met:
(1) The property on, over, under, along or across which the public utility easement is to be established:
a. Was previously owned by a railroad company, including a successor whose ownership interest derives, directly or indirectly, from the abandonment of the property use by a railroad company, or
b. Was subject to an easement, right-of-way or occupation for railroad purposes; and
(2) The railroad company's property interests have been extinguished by abandonment or otherwise; and
(3) Immediately prior to the time such railroad company's property interests were extinguished, a public utility held an easement, license, right-of-way, permission or occupation for public utility purposes that had been obtained from the railroad company; and
(4) The public utility and any owner or owners of the property cannot agree as to the terms and conditions of the acquisition by the public utility of a property interest for use for public utility purposes; and
(5) The property on which the utility easement to be acquired is not owned by the State or any of its agencies or political subdivisions; and
(6) The public utility exercises this authority in accordance with the provisions of Chapter 95 of Title 29.
69 Del. Laws, c. 456, §  1;
2023 Delaware Code › Title 26 - Public Utilities › Chapter 9. TELEGRAPH, TELEPHONE AND ELECTRIC UTILITY CORPORATIONS › Subchapter II. Caller Identification Service › § 920. Definitions.

§ 920. Definitions.
(a) The term “automatic number identification service” means an access signaling protocol in common use by common carriers that uses an identifying signal associated with the use of a subscriber's telephone to provide billing information or other information to the local exchange carrier or any other interconnecting carriers.
(b) The term “blocking” means a service that allows the originator of a call to prevent or control the transmission of information that identifies the originator to the recipient of the call.
(c) The term “caller identification” means the transmission of information that identifies the originator of a communication to the recipient of the communication via an electronic signal which is decoded by a customer provided display unit which displays, records or forwards the caller's telephone number or other identifying information. Such term shall not include:
(1) An internal office system, including but not limited to, a centrex or private branch exchange (PBX) system or virtual private network;
(2) An identification system used for emergencies, such as an emergency telephone line used by a public agency or a 911 emergency telephone service;
(3) Any identification service provided with legally sanctioned call tracing or tapping procedures; or
(4) Any automatic number identification service or technology.
68 Del. Laws, c. 398, §  2;
2023 Delaware Code › Title 26 - Public Utilities › Chapter 9. TELEGRAPH, TELEPHONE AND ELECTRIC UTILITY CORPORATIONS › Subchapter II. Caller Identification Service › § 921. Per line blocking.

§ 921. Per line blocking.
Every provider of electronic or wire communication services that provides a caller identification service shall provide blocking on a per line basis without charge at the request of an originator that is a victim of domestic violence protected by a court order, a victim's service program or a battered women's shelter or other organization providing safe haven for victims of domestic violence.
68 Del. Laws, c. 398, §  2;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 26 - Public Utilities › Chapter 9. TELEGRAPH, TELEPHONE AND ELECTRIC UTILITY CORPORATIONS › Subchapter III. Changes in Customer Selection of Telecommunications Service Providers › § 922. Statement of purpose.

§ 922. Statement of purpose.
The General Assembly finds that competition in the telecommunications industry provides opportunities for initiating the unauthorized switching of a customer's telephone service provider without the customer's agreement or authorization, or the addition to a customer's bill of a product or service not authorized or requested by the customer. It is the purpose of this subchapter to protect telecommunications consumers from unauthorized changes in providers and unauthorized charges, and to protect ethical providers from unfair competition.
72 Del. Laws, c. 487, §  1;
2023 Delaware Code › Title 26 - Public Utilities › Chapter 9. TELEGRAPH, TELEPHONE AND ELECTRIC UTILITY CORPORATIONS › Subchapter III. Changes in Customer Selection of Telecommunications Service Providers › § 923. Definitions.

§ 923. Definitions.
As used in this subchapter, unless the context otherwise requires:
(1) “Carrier” shall mean any person or entity offering to the public telecommunications service that originates or terminates within the State; provided, however, that the term “carrier” shall not include:
a. Any political subdivision, public or private institution of higher education or municipal corporation of this State or operated by their lessees or operating agents that provides telephone service for the sole use of such political subdivisions, public or private institutions of higher learning or municipal corporations;
b. A company that provides telecommunications services solely to itself and its affiliates or members or between points in the same building, or between closely located buildings which are affiliated through substantial common ownership, and does not offer such services to the available general public;
c. Providers of domestic public land mobile radio service provided by cellular technology; and
d. Payphone service providers.
(2) “Change order” shall mean any order changing a customer's designated carrier for local exchange service, intraLATA intrastate toll service or both.
(3) “Commission” shall mean the Delaware Public Service Commission.
(4) “Customer” shall mean a person who subscribes to local exchange services, intraLATA intrastate toll service or both.
(5) “Executing carrier” shall mean a carrier that effects a request that a customer's carrier be changed.
(6) “Letter of agency” shall mean a separate document, or easily separable document, signed and dated by the customer or prospective customer, the sole purpose of which is to authorize a carrier to initiate a preferred carrier change.
(7) “Preferred carrier” shall mean any carrier providing service to a customer at the time this subchapter is enacted, or such carrier as the customer thereafter designates as the customer's preferred carrier.
(8) “Submitting carrier” shall mean any carrier that requests on behalf of a customer that the customer's carrier be changed, and seeks to provide retail services to an end user customer.
72 Del. Laws, c. 487, §  1;
2023 Delaware Code › Title 26 - Public Utilities › Chapter 9. TELEGRAPH, TELEPHONE AND ELECTRIC UTILITY CORPORATIONS › Subchapter III. Changes in Customer Selection of Telecommunications Service Providers › § 924. Prohibitions and changes in preferred carrier selection.

§ 924. Prohibitions and changes in preferred carrier selection.
(a) No carrier shall bill for intrastate telecommunications services, nor solicit to provide intrastate telecommunication services, within the State, unless such carrier has received a certificate of public convenience and necessity from the Commission.
(b) No submitting carrier shall submit a change in the customer's selection of a carrier prior to obtaining:
(1) Authorization from the customer; and
(2) Verification of that authorization in accordance with the procedures prescribed in this subchapter and implementing regulations of the Commission.
(c) No carrier shall bill or collect from any person a charge for any product or service to which such person has not agreed or subscribed, nor for any amount in excess of that specified in the tariff, price list or contract governing the charges for such services.
72 Del. Laws, c. 487, §  1;
2023 Delaware Code › Title 26 - Public Utilities › Chapter 9. TELEGRAPH, TELEPHONE AND ELECTRIC UTILITY CORPORATIONS › Subchapter III. Changes in Customer Selection of Telecommunications Service Providers › § 925. Verification of orders for telecommunications service.

§ 925. Verification of orders for telecommunications service.
(a) No carrier shall submit a preferred carrier change order unless and until the change order has first been confirmed in accordance with 1 of the following procedures:
(1) The carrier has obtained the customer's written authorization;
(2) The carrier has obtained the customer's electronic authorization; or
(3) An appropriately qualified independent third party has obtained the customer's oral authorization to submit the change order.
(b) The Commission shall promulgate regulations governing the form and content of all authorizations permitted by this section.
72 Del. Laws, c. 487, §  1;
2023 Delaware Code › Title 26 - Public Utilities › Chapter 9. TELEGRAPH, TELEPHONE AND ELECTRIC UTILITY CORPORATIONS › Subchapter III. Changes in Customer Selection of Telecommunications Service Providers › § 926. Duty of executing carrier.

§ 926. Duty of executing carrier.
An executing carrier shall not verify the submission of a change in a customer's selection of a provider of telecommunications service received from a submitting carrier. For an executing carrier, compliance with the procedures prescribed in this subchapter shall be defined as prompt execution, without any unreasonable delay, of changes that have been verified by a submitting carrier.
72 Del. Laws, c. 487, §  1;
2023 Delaware Code › Title 26 - Public Utilities › Chapter 9. TELEGRAPH, TELEPHONE AND ELECTRIC UTILITY CORPORATIONS › Subchapter III. Changes in Customer Selection of Telecommunications Service Providers › § 927. Letter of agency.

§ 927. Letter of agency.
(a) A carrier may use a letter of agency to obtain written authorization and verification of a customer's request to change that customer's preferred carrier selection.
(b) The Commission shall promulgate regulations governing the form and content of letters of agency.
72 Del. Laws, c. 487, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 26 - Public Utilities › Chapter 9. TELEGRAPH, TELEPHONE AND ELECTRIC UTILITY CORPORATIONS › Subchapter III. Changes in Customer Selection of Telecommunications Service Providers › § 928. Preferred carrier freezes.

§ 928. Preferred carrier freezes.
(a) A customer may institute a preferred carrier freeze to prevent a change in such customer's preferred carrier selection without that customer's express consent.
(b) The Commission shall promulgate regulations governing the procedures for implementing and lifting preferred carrier freezes and the form and contents of solicitations or other materials provided to the customer regarding preferred carriers freezes.
72 Del. Laws, c. 487, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 26 - Public Utilities › Chapter 9. TELEGRAPH, TELEPHONE AND ELECTRIC UTILITY CORPORATIONS › Subchapter III. Changes in Customer Selection of Telecommunications Service Providers › § 929. Customer protections.

§ 929. Customer protections.
The Commission shall promulgate regulations governing the procedures to be followed by the customer and carrier in the event that a customer believes that the customer's carrier has been changed without the customer's authorization or has caused or allowed the customer to be billed for unauthorized charges and remedies available for violations of the subchapter.
72 Del. Laws, c. 487, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 26 - Public Utilities › Chapter 9. TELEGRAPH, TELEPHONE AND ELECTRIC UTILITY CORPORATIONS › Subchapter III. Changes in Customer Selection of Telecommunications Service Providers › § 930. Commission authority.

§ 930. Commission authority.
(a) The Commission is authorized to supplement the provisions hereof by promulgating such additional regulations that it deems necessary to achieve the purposes set forth in § 922 of this title.
(b) All Commission regulations promulgated pursuant to this subchapter shall be consistent with federal law.
72 Del. Laws, c. 487, §  1;
2023 Delaware Code › Title 26 - Public Utilities › Chapter 10. ELECTRIC UTILITY RESTRUCTURING › § 1002. Standards for electric utility restructuring.

§ 1002. Standards for electric utility restructuring.
The General Assembly declares that the following interdependent standards shall govern the Commission's review and approval of each public utility's restructuring plan, oversight of the transition process and regulation of the restructured electric utility industry pursuant to this chapter.
(1) The reliability of electric service to all customers in this State shall be maintained.
(2) On and after the implementation dates set forth in § 1003 of this title, customers shall have the right to choose among electric suppliers.
(3) Nothing contained herein shall have the effect of abrogating or amending contracts between public utilities and any of their customers in place on February 1, 1999.
(4) On or after May 1, 2006, it is the policy of the State that electric distribution companies subject to the oversight of the Commission and as part of their obligation to be standard offer service suppliers shall engage in integrated resource planning for the purpose of evaluating and diversifying their electric supply options, efficiently and at the lowest cost to their customers.
72 Del. Laws, c. 10, §  3;  75 Del. Laws, c. 242, §  3;
2023 Delaware Code › Title 26 - Public Utilities › Chapter 10. ELECTRIC UTILITY RESTRUCTURING › § 1003. Retail competition.

§ 1003. Retail competition.
General rule. — Except as otherwise expressly provided for in this chapter, on and after May 1, 2006, the generation, supply and sale of electricity, including all related facilities and assets, used to serve standard offer service and returning customer service, shall be treated as a public utility service or function. Customers of electric distribution companies in this State shall continue to have the opportunity, but not the obligation, to purchase electricity from their choice of electric suppliers as expressly provided for in this chapter.
72 Del. Laws, c. 10, §  3;  75 Del. Laws, c. 242, §  4;
2023 Delaware Code › Title 26 - Public Utilities › Chapter 10. ELECTRIC UTILITY RESTRUCTURING › § 1004. Transition period.

§ 1004. Transition period.
(a) The transition period for DP&L shall begin on October 1, 1999, and shall end on September 30, 2002, for nonresidential customers and shall begin on October 1, 1999, and end on September 30, 2003, for residential customers.
(b) The transition period for DEC shall begin on April 1, 2000, and shall end on March 31, 2005, for all customers.
72 Del. Laws, c. 10, §  3;
2023 Delaware Code › Title 26 - Public Utilities › Chapter 10. ELECTRIC UTILITY RESTRUCTURING › § 1005. Restructuring plan.

§ 1005. Restructuring plan.
(a) Restructuring plan for DP&L. — (1) Filing and contents of plan. — On or before April 15, 1999, DP&L shall file with the Commission a detailed plan for implementing retail competition in DP&L's commission-designated service territory. Such plan shall include:
a. Separate prices or rates for electric supply, transmission, distribution and other services (which may later be combined for billing purposes);
b. Procedures for providing direct access for all electric suppliers;
c. Revised tariffs and rate schedules;
d. An optional residential time of use rate with three daily time of use periods to be available for any residential customer who elects such a rate structure; and
e. Standards for reliability sufficient to measure variations in service reliability after the implementation of retail competition.
(2) Commission review of plan. — The Commission shall review DP&L's restructuring plan and, after an evidentiary proceeding, issue an order by August 31, 1999, adopting the plan as filed or modifying the plan as appropriate.
(b) Restructuring plan for DEC. — (1) Filing and contents of plan. — On or before September 15, 1999, DEC shall file with the Commission a detailed plan for implementing retail competition in DEC's Commission-designated service territory. Such plan shall include:
a. Separate prices or rates for electric supply, transmission, distribution and other services (which may later be combined for billing purposes);
b. Procedures for providing direct access for all electric suppliers;
c. Revised tariffs and rate schedules;
d. DEC's proposed competitive transition charge, including the proposed method, recovery plan and determination of DEC's stranded and transition costs, as such terms are defined in [former] § 1007 of this title; and
e. Standards for reliability sufficient to measure variations in service reliability after implementation of retail competition.
(2) Commission review of plan. — The Commission shall review DEC's restructuring plan and, after an evidentiary proceeding, issue an order by February 28, 2000, adopting the plan as filed or modifying the plan as appropriate.
72 Del. Laws, c. 10, §  3;
2023 Delaware Code › Title 26 - Public Utilities › Chapter 10. ELECTRIC UTILITY RESTRUCTURING › § 1008. Duties of electric distribution companies.

§ 1008. Duties of electric distribution companies.
(a) Each electric distribution company shall maintain its facilities and provide products and services which are safe, efficient, sufficient, adequate, and reliable. Each electric distribution company shall implement procedures to require all electric suppliers to deliver energy to the electric distribution company at locations and in amounts which are adequate to meet each supplier's obligations to its customers.
(b) (1) The Commission is hereby granted the authority to require DP&L subject to its jurisdiction to develop and implement demand-side management programs designed to reduce overall electricity consumption by its customers and/or to reduce usage by customers during peak periods, such as time of use rates, advanced metering infrastructure, central air-conditioning and hot water heating cycling off and on programs, interruptible rates, etc. However, in no such instance shall electric distribution companies subject to the Commission's jurisdiction be authorized to implement peak time billing. Upon development of such demand-side management program or programs, DP&L shall file such program or programs with the Commission for the Commission's review and approval.
a. The costs that DP&L incurs in developing and implementing their demand-side management programs, as well as the costs incurred by DP&L in administering all demand-side management programs approved for implementation by the Commission, shall be included and recovered in DP&L's distribution rates.
b. By June 5, 2006, the Commission shall open a docket to evaluate the desirability, feasibility and cost effectiveness of requiring advanced metering technology, including time of use metering to be utilized throughout or selectively in the service territories of DP&L. The Commission may require that such a technology be deployed in a cost effective manner after such evaluation has been made and hearings have been held. As part of the evaluation, the Commission shall review all customer pricing implications of any particular metering technology investigated. The Commission shall not authorize such technology to be deployed in a manner that permits 30-day peak demand billing except as approved by the General Assembly.
c. The Commission shall have the authority to promulgate any rules and regulations it deems necessary to accomplish the development and implementation of demand-side management programs by DP&L.
(2) DEC shall, at a minimum, maintain its current efforts in providing demand-side management programs. DEC shall report on its demand-side management efforts to the Public Service Commission, Controller General and Director of the Office of Management and Budget by January 31, 2007, and January 31 of each subsequent year thereafter.
72 Del. Laws, c. 10, §  3;  74 Del. Laws, c. 73, §  3;  75 Del. Laws, c. 242, §  7;
2023 Delaware Code › Title 26 - Public Utilities › Chapter 10. ELECTRIC UTILITY RESTRUCTURING › § 1009. Reciprocity.

§ 1009. Reciprocity.
Notwithstanding any other provision of this chapter, unless an electric utility, including a municipally-owned electric utility or a municipal electric company, has implemented a restructuring plan that provides for retail competition in its Delaware service territory, such electric utility may not use the transmission or distribution facilities of a nonaffiliated electric utility to make sales to customers in such nonaffiliated electric utility's Delaware service territory; nor shall such electric utility own or receive, directly or indirectly, any economic interest in any entity which uses the transmission or distribution facilities of a nonaffiliated electric utility to make sales to customers in such nonaffiliated electric utility's Delaware service territory.
72 Del. Laws, c. 10, §  3;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;