Chapter 1

§ 101 Short title. This chapter shall be known and referred to as the “Public Utilities Act of 1974.” 59 Del. Laws, c. 397, §  1 ; § 102 Definitions. As used in this title, unless the context otherwise requires: (1) “Commission” means the Public Service Commission. (2) “Public utility” includes every individual, partnership, association, corporation, joint stock company, agency or department of the State or any association of individuals engaged in the prosecution in common of a productive enterprise (commonly called a “cooperative”), their lessees, trustees or receivers appointed by any court whatsoever, that now operates or hereafter may operate for public use within this State, (however, electric cooperatives shall not be permitted directly or through an affiliate to engage in the production, sale or distribution of propane gas or heating oil), any natural gas, electric (excluding electric suppliers as defined in § 1001 of this title), electric transmission by other than a public utility over which the Commission has no supervisory or regulatory jurisdiction pursuant to § 202(a) or (g) of this title, water, wastewater (which shall include sanitary sewer charge), telecommunications (excluding telephone services provided by cellular technology or by domestic public land mobile radio service) service, system, plant or equipment. (3) “Rate base” means: a. The original cost of all used and useful utility plant and intangible assets either to the first person who committed said plant or assets to public use or, at the option of the Commission, the first recorded book cost of said plant or assets; less b. Related accumulated depreciation and amortization; less c. The actual amount received and unrefunded as customer advances or contributions in aid of construction of utility plant, and less d. Any accumulated deferred and unamortized income tax liabilities and investment credits, adjusted to reflect any accumulated deferred income tax assets including, but not limited to, those arising from the payment of alternative minimum tax, related to plant included in paragraph a. above, plus e. Accumulated depreciation of customer advances and contributions in aid of construction related to plant included in paragraph a. above, and plus f. Materials and supplies necessary to the conduct of the business and investor supplied cash working capital, and plus g. Any other element of property which, in the judgment of the Commission, is necessary to the effective operation of the utility. (4) “Cable television system,” “community antenna television,” “cable system” or “system” shall mean a facility within this State which is constructed in whole or in part in, on, under or over any highway, road, street, alley, or other public place and which is operated to perform the service of receiving and amplifying the signals of 1 or more radio and/or television broadcasting stations and distributing such signals by cable, wire or other means to members of the public who subscribe to such service; provided that nothing herein is intended to prohibit any system from engaging in any other activity not expressly prohibited by law; except that such definition shall not include (i) any system which serves fewer than 50 subscribers; or (ii) any system which serves only the residents of 1 or more apartment dwellings or mobile home or trailer parks under common ownership, control or management, and commercial establishments located on the premises of such dwellings; or (iii) telephone, telegraph or electric utilities in those cases where the activity of such utility in connection with a cable system is limited to leasing or renting to cable systems, cables, wires, poles, towers or other electronic equipment or rights to use real property as part of, or for use in connection with, the operation of a cable system. (5) The term “franchise” shall mean authorization lawfully adopted or agreed to by the Commission pursuant to this chapter to construct or operate a cable television system or systems in whole or in part within a county of this State. (6) The term “franchisee” shall mean the person, persons or entity holding a franchise. (7) The term “written notice” shall mean notice in writing which is hand-delivered or mailed by certified mail, to the person who is to be given notice. (8) “Water utility” shall mean any person or entity operating within this State any water service, system, plant or equipment for public use. (9) The terms “ancillary services,” “distribution facilities,” “distribution services,” “electric distribution company,” “electric supplier,” “retail competition,” “retail electric customer,” “transmission facilities,” and “transmission services,” as used in Chapters 1, 2 [repealed] and 3 [repealed] of this title, shall have the same definitions as set forth in § 1001 of this title. 47 Del. Laws, c. 254, §  2 ; 48 Del. Laws, c. 371, §  4 ; 26 Del. C. 1953, §  101; 54 Del. Laws, c. 38, §  2 ; 57 Del. Laws, c. 665, §  1 ; 59 Del. Laws, c. 397, §  1 ; 62 Del. Laws, c. 125, §  6 ; 64 Del. Laws, c. 342, §  1 ; 65 Del. Laws, c. 484, §  1 ; 68 Del. Laws, c. 124, §  1 ; 70 Del. Laws, c. 585, §§  1, 2 ; 72 Del. Laws, c. 10, §§  4, 5 ; 73 Del. Laws, c. 157, §  5 ; 74 Del. Laws, c. 317, §  1 ; 75 Del. Laws, c. 73, §  1 ; 81 Del. Laws, c. 205, § 4 ; § 102A Public notice. In any matter or proceeding before the Commission, the Commission may decide the manner and method of giving notice to those persons affected by, likely to be affected by or likely to be interested in the matter or proceeding. In making this determination, the Commission shall not be governed by the provisions for notice by publication set out in §§ 10115(b) and 10124(1) of Title 29. Instead, such notice may be made by: (1) Publication in 1 or more newspapers of general circulation; (2) Delivery, by mail or other means, of a written notice to those directly affected, such as ratepayers or subscribers; (3) Notice on the Commission’s website or other digital media platforms; (4) A combination of the above procedures; or (5) Any other means which is reasonably likely to afford the affected and interested persons notice of the pendency of the matter so that they have the opportunity to present their views, such as the placement of a notice in a customer’s bill. In making its determination, the Commission may consider the nature of the proceedings, the number of persons affected or interested, the ability of alternative means to reach those affected and interested and the comparative costs of the alternative methods. When, under this chapter, a public utility is required to give notice to the public, the Commission shall set the form and manner of such notice. 70 Del. Laws, c. 585, §  3 ; 84 Del. Laws, c. 61, § 1 ; § 103 Composition; appointment; term; qualifications; vacancies; Chairman. (a) The Public Service Commission is continued except that it shall consist of only 5 members, each of whom shall have been or shall be appointed by the Governor and confirmed by a majority of the members elected to the Senate. The terms of office of the members of the Commission serving as of June 28, 1974, shall not be affected. Subject to the provisions of subsection (d) of this section, each member shall continue to serve out the term for which each such member was originally appointed, and until each such member’s successor shall have been appointed and qualified. Each member of the Commission appointed after June 28, 1974, except a member appointed pursuant to subsection (d) of this section to fill an unexpired term, shall be appointed for a term of 5 years from May 1 in the year of that member’s appointment, and until that member’s successor shall have been appointed and qualified. (b) Not more than 3 of the members of the Commission shall be members of the same political party. One of the members shall be a resident of the City of Wilmington, 2 shall be residents of New Castle County outside of Wilmington, 1 shall be a resident of Kent County and 1 shall be a resident of Sussex County; provided, however, that beginning with the appointment of the member for a term of 5 years beginning as of May 1, 1976, and continuously thereafter, 1 of the members shall be a resident of the City of Wilmington, 1 shall be a resident of New Castle County outside of Wilmington, 1 shall be a resident of Kent County, 1 shall be a resident of Sussex County and 1 shall be a member at large who shall be a resident of this State. (c) A Commissioner shall continue to reside in the political subdivision of which that Commissioner was a resident at the time of the Commissioner’s appointment. (d) In case of a vacancy on the Commission for any reason other than expiration of the term of office, the Governor shall fill such vacancy for the unexpired term by and with the consent of a majority of the members elected to the Senate. (e) The Governor shall designate 1 of the Commissioners as Chairman of the Commission who shall serve as Chairman at the pleasure of the Governor. 47 Del. Laws, c. 254, §  1 ; 26 Del. C. 1953, §  102; 57 Del. Laws, c. 139, §  1 ; 57 Del. Laws, c. 182, §  1 ; 57 Del. Laws, c. 740, §  12A ; 58 Del. Laws, c. 511, §  61 ; 59 Del. Laws, c. 397, §  1 ; 61 Del. Laws, c. 1, §  1 ; 70 Del. Laws, c. 186, §  1 ; § 104 Removal of Commissioner. The Governor, with the advice and consent of the Senate, may remove any member of the Commission for neglect of duty or misconduct in office, giving to the member a copy of the charges against such person and affording an opportunity of being publicly heard in person or by counsel, upon 10 days’ notice. 47 Del. Laws, c. 254, §  1 ; 26 Del. C. 1953, §  103; 59 Del. Laws, c. 397, §  1 ; § 105 Compensation of Commissioners. The members of the Commission shall each receive a salary as appropriated in the current fiscal year State of Delaware Operating Budget, to be paid in equal monthly payments by the Treasurer of the State. 47 Del. Laws, c. 254, §  1 ; 26 Del. C. 1953, §  104; 59 Del. Laws, c. 397, §  1 ; 60 Del. Laws, c. 383, §  1 ; 84 Del. Laws, c. 61, § 1 ; § 106 Office; seal; rules; meetings. The Commission shall have such office or offices as may be necessary and shall be provided with all necessary furniture, stationery and supplies, and office appliances. It shall provide itself with a seal for the authentication of its proceedings and orders. It may make all needful rules for its government and other proceedings not inconsistent with this title. It shall meet at such times and places within this State as it may provide by rule or by special order. 47 Del. Laws, c. 254, §  1 ; 26 Del. C. 1953, §  105; 59 Del. Laws, c. 397, §  1 ; § 107 Quorum. A majority of the members of the Commission shall constitute a quorum and shall be sufficient for any action by the Commission; provided, however, that a single Commissioner may sit for the purpose of hearing testimony in any matter provided: (1) The parties consent; and (2) Any final decision in the matter must be approved by a majority of the members of the Commission. 47 Del. Laws, c. 254, §  1 ; 48 Del. Laws, c. 371, §  3 ; 26 Del. C. 1953, §  106; 57 Del. Laws, c. 139, §  2 ; 57 Del. Laws, c. 182, §  2 ; 59 Del. Laws, c. 397, §  1 ; § 108 Personnel. Subject to the provision of Title 29, Chapters 25 (Department of Justice) and 59 (Merit System of Personnel Administration), the Commission may appoint, fix the compensation and terms of service, and prescribe the duties and powers of an executive director, a secretary and such officers, accountants, attorneys, experts, engineers, inspectors, clerks and other persons, as it deems necessary for the proper conduct of the work of the Commission. 47 Del. Laws, c. 254, §  1 ; 48 Del. Laws, c. 371, §  1 ; 26 Del. C. 1953, §  107; 57 Del. Laws, c. 740, §  12B ; 59 Del. Laws, c. 397, §  1 ; § 109 Disqualification for serving as member or employee of Commission. (a) No person shall be eligible for appointment to or shall hold the office of Commissioner, or be appointed by the Commission to hold any office or position under it, who is a director, officer or employee of any public utility or owns or directly or indirectly controls any stock of any public utility entitled to vote for election of directors. (b) No Commissioner, and no employee, appointee or official engaged in the service of, or in any manner connected with the Commission shall hold any office or position, or be engaged in any business, employment or vocation, the duties of which are incompatible with the duties of the Commissioner’s office as Commissioner, or the Commissioner’s employment in the service or in connection with the work of the Commission. 47 Del. Laws, c. 254, §  1 ; 48 Del. Laws, c. 371, §  2 ; 26 Del. C. 1953, §  108; 59 Del. Laws, c. 397, §  1 ; 61 Del. Laws, c. 419, §  1 ; 70 Del. Laws, c. 186, §  1 ; 84 Del. Laws, c. 42, § 1 ; § 110 Travel expense. The Commissioners, executive director, secretary and other persons engaged in the service of the Commission shall be entitled to receive from the State their necessary traveling expenses while traveling on the business of the Commission. 47 Del. Laws, c. 254, §  1 ; 26 Del. C. 1953, §  109; 59 Del. Laws, c. 397, §  1 ; § 111 Expenditures. All expenditures of the Commission, within the limits of its appropriations, including the necessary traveling expenses of the Commissioners, executive director, secretary and other persons engaged in the service of the Commission shall, prior to April 1, 1975, be paid by the State Treasurer out of the general funds of the State on proper voucher therefor approved by the Chairman of the Commission or, at the direction of the Chairman, by the executive director. On and after April 1, 1975, said expenditures of the Commission, within the limits of its appropriations, shall be paid by the State Treasurer out of the Delaware Public Utility Regulatory Revolving Fund on proper voucher therefor approved by the Chairman of the Commission or, at the direction of the Chairman, by the executive director. 47 Del. Laws, c. 254, §§  1, 20 ; 26 Del. C. 1953, §  110; 59 Del. Laws, c. 397, §  1 ; 77 Del. Laws, c. 151, §  1 ; § 112 Copies of official documents and orders. Copies of all official documents and orders filed or deposited in the office of the Commission, certified by the Chairman or the secretary to be true copies of the original and given under the official seal of the Commission, shall be evidence in like manner as the original in all courts of this State. Such charges may be taxed and collected for such copies as are taxed and collected for like services in the Superior Court of this State. 47 Del. Laws, c. 254, §  17 ; 26 Del. C. 1953, §  111; 59 Del. Laws, c. 397, §  1 ; § 113 Testimony by member, employee or investigator of Commission. No member, employee or investigator of the Commission shall be required to give testimony in any court suit to which the Commission is not a party with regard to information obtained by such member or employee in the discharge of official duty. 47 Del. Laws, c. 254, §  10 ; 48 Del. Laws, c. 371, §  15 ; 26 Del. C. 1953, §  112; 59 Del. Laws, c. 397, §  1 ; § 114 Charges and fees; costs and expenses of proceedings. (a) The Commission may impose charges and fees for filing and for other services rendered by it in accordance with the following schedule of fees: SCHEDULE OF FEES 1. For filing the annual financial statement of any public utility $25 2. Certificates of public convenience and necessity: (a) For filing each original application for a certificate of public convenience and necessity (except for telecommunications local exchange service or application for approval of a transfer of such certificate) 750 (b) For filing each extension to a certificate of public convenience and necessity (except for telecommunications local exchange service) 300 (c) For filing each application for a certificate of public convenience and necessity (for original or for extension) to provide telecommunications local exchange service or application for approval of a transfer of such certificate 3000 3. For filing each application for approval or authority to discontinue or abandon all or any part of any public utility operation or service 150 4. (a) For each filing of rate or tariff schedules, or any amendment thereto or notice of changes therein 50 (b) For each filing of petition or application to increase rates 100 5. For filing each petition or application under § 215(a)(1) of this title 100 6. For filing each petition or application under § 215(a)(2) of this title in accordance with the following schedule based upon the aggregate amount of the stocks (by par value or by stated value if no par), notes, bonds, or other evidence of indebtedness. The fee so established is to be used to evaluate such petition or application in lieu of any other assessment AGGREGATE AMOUNT Under $1,000,001 150 $1,000,001 - $10,000,000 250 $10,000,001 and above 350 7. For preparing and certifying to the Superior Court any record in appeal 400 8. For certifying a copy of each paper, order, record, transcript or any other official document other than to the Superior Court 10 9. Upon request therefor by either a consumer or a utility for testing each water meter having an outlet not exceeding 1 inch 10 10. Upon request therefor by either a consumer or a utility for testing each water meter having an outlet of more than 1 inch but not exceeding 2 inches 15 11. Upon request therefor by either a consumer or a utility for testing each electric meter 10 12. The charge or fee for any services rendered by the Commission in filing papers, documents, records or other items not expressly provided for in this subsection shall be a reasonable charge or fee in relation to the service rendered, not to exceed the highest fee or charge permitted on this schedule of fees fixed by the Commission from time to time. (b) (1) Whenever the Commission, in a proceeding upon its own initiative or upon complaint or upon written application to it, shall deem it necessary in order to carry out its statutory duties, to investigate the operations, services, practices, accounting records and/or procedures, rates, charges, rules and regulations, of any public utility, and/or to make valuations or revaluations of the property of any public utility, and/or to enter into and hold a hearing or hearings in connection therewith, such public utility shall be charged with and pay such portion of the expenses of the Commission, and the compensation and expenses of its agents, representatives, consultants and employees, including, but not limited to those temporarily employed or retained, as is reasonably attributable to such investigation, valuation and revaluation, hearing or hearings. In addition, if the Division of the Public Advocate elects to intervene or participate in a natural gas, electric, water or wastewater rate proceeding under subchapter III of this chapter including fuel adjustments pursuant to § 303(b) of this title and water utility distribution system improvement charges pursuant to § 314 of this title. The public utility involved shall also be charged with and pay such portion of the expenses of the Division of the Public Advocate, and the compensation and expenses of its agents, representatives, consultants and employees, including but not limited to those temporarily employed or retained, as is reasonably attributable to such proceeding. At the time the Commission or the Division of the Public Advocate determines that such charges will be required, the Commission or Division shall provide notice to the public utility, or its counsel of record at such time, of its intent to impose and collect any charges. No charges shall be made for the compensation of Commissioners or the Public Advocate. a. If the Commission or an appellate court determines by order that the Commission or the Public Advocate brought or defended all or a portion of a proceeding 1. For an improper purpose; 2. Without any basis in existing law; 3. Without a justifiable basis for seeking the extension, modification or reversal of existing law; or 4. Without evidentiary support after reasonable opportunity for investigation and discovery, then to such extent the public utility shall not be charged with or required to pay such expenses. b. If the Commission or an appellate court determines by order that a utility brought or defended all or a portion of a proceeding 1. For an improper purpose; 2. Without any basis in existing law; 3. Without a justifiable basis for seeking the extension, modification or reversal of existing law; or 4. Without evidentiary support after reasonable opportunity for investigation and discovery, then to such extent the utility shall not be permitted to include the costs associated with that proceeding in its rates. (2) From time to time as the investigation, valuation, revaluation, hearing or hearings progress, or upon completion thereof, the Commission and the Division of the Public Advocate shall ascertain each agency’s costs incurred in connection therewith, including, but not limited to the expenses of the Commission and the Division of the Public Advocate and the compensation and expenses of each agency’s respective agents, representatives, consultants and employees, including those temporarily employed or retained, and shall determine the amount thereof to be paid by the public utility and shall render separate bills therefor to the public utility. The Commission and the Division of the Public Advocate shall furnish the public utility such itemization of each said bill as may be requested by said public utility. The public utility shall have the right to audit said bill within a reasonable period after its rendition by the Commission or the Division of Public Advocate and shall have the opportunity to be heard before the Commission as to any or all of the items included in the bill. The amount of such bill as finally determined by the Commission following such hearing and any appeal therefrom shall be paid into the Delaware Public Utility Regulatory Revolving Fund within 30 days from the date of its determination. If any amount so assessed against a public utility is not paid within 30 days after the date of rendition of the bill with respect thereto, the utility shall pay a penalty of 1% of the amount due for each month or fraction thereof that such amount is unpaid. The charges imposed for the costs of the Division of the Public Advocate shall be paid to the Commission and shall be deposited to the credit of the Delaware Public Utility Regulatory Revolving Fund. (3) The expenses of the Commission and the Division of the Public Advocate and the compensation and expenses of each agency’s respective agents, representatives, consultants and employees, including but not limited to those temporarily employed or retained, reasonably attributable to any appellate court proceedings in either or both the Superior or Supreme Court of the State growing out of any order, opinion, decision or findings of the Commission shall also be ascertained, charged, billed to and paid for by the public utility in accordance with the foregoing conditions and procedures. (4) Whenever the investigation, valuation, revaluation, hearing, hearings or appellate court proceedings involve the affairs and operations of 2 or more public utilities jointly, the charges made under this section for such investigation, valuation, revaluation, hearing, hearings, or appellate court proceedings shall be prorated among such public utilities upon the basis of their gross intrastate operating revenues for the last preceding calendar year. (5) The total aggregate amount to be charged by both the Commission and the Division of the Public Advocate to any public utility under authority of this subsection (b) in any calendar year shall not exceed 1 percent of such public utility’s gross operating revenues derived from intrastate utility operations in the last preceding calendar year. (c) In connection with any Commission proceedings under §§ 203A and 203B of this title the Commission and the Division of the Public Advocate shall charge the public utilities involved therein, including any electric utility that is municipally owned or a municipal electric company formed pursuant to Chapter 13 of Title 22, the expenses of the Commission and the Division of the Public Advocate related to such proceedings as is reasonably attributable thereto prorated among such public utilities upon the basis of their gross intrastate electric revenues for the last preceding calendar year. 26 Del. C. 1953, §  113; 50 Del. Laws, c. 552, §  1 ; 52 Del. Laws, c. 155 ; 53 Del. Laws, c. 389 ; 57 Del. Laws, c. 667, §§  1, 2 ; 59 Del. Laws, c. 397, §  1 ; 68 Del. Laws, c. 299, §  2 ; 71 Del. Laws, c. 22, §  1 ; 71 Del. Laws, c. 405, §  1 ; 77 Del. Laws, c. 151, §§  2-7 ; § 115 Public policy; regulatory assessment; definition of revenue; returns; collection of assessment. (a) It is declared to be the public policy of this State that in order to maintain and foster the effective regulation of public utilities under this title, in the interests of the people of this State and the public utilities as well, the public utilities subject to regulation of the Public Service Commission which enjoy the privilege of operating as public utilities in this State shall bear the expense of regulation by means of an assessment on such privilege measured by the annual gross revenue of such public utilities in the manner hereinafter provided. This assessment shall be in addition to all other fees and charges imposed by the Public Service Commission and the Division of the Public Advocate pursuant to this title. (b) As used in subsection (c) of this section, the term “intrastate public utility business” includes all that portion of the business of the public utilities designated in § 102 of this title and over which the Commission has jurisdiction under the provisions of this title. (c) As used in this section, the term “gross revenue” includes all revenue which: (1) Is collected by a public utility subject to regulation by the Public Service Commission, and (2) Is derived from the intrastate public utility business of such a utility. Such term does not include revenue derived by such a public utility from the sale of public utility services, products or commodities to another public utility or to an electric cooperative or municipality for resale by such public utility or electric cooperative or municipality. (d) (1) An assessment is imposed upon each public utility subject to regulation by the Public Service Commission in an amount equal to the product of .003 (3 mills) multiplied by its gross operating revenue for each calendar year, commencing with the calendar year beginning January 1, 1974 and ending with the calendar year beginning January 1, 2023. (2) An assessment is imposed upon each public utility subject to regulation by the Public Service Commission in an amount equal to the product of .004 (4 mills) multiplied by its gross operating revenue for each calendar year, commencing with the calendar year beginning January 1, 2024. (3) No assessment shall be imposed upon a public utility having a gross operating revenue of less than $10,000 in any calendar year. (e) On or before March 31 of each year, each public utility subject to the provisions of this title shall file with the Commission an annual gross revenue return containing a statement of the amount of its gross revenue for the immediately preceding calendar year, and a statement of the amount of assessment due for such calendar year accompanied by a check in payment thereof. A copy of such return shall also be delivered to the Division of the Public Advocate. A utility subject to this section which paid an annual assessment greater than $10,000 in the preceding year shall make an estimated payment of at least 40% of the expected assessment no later than 6 months prior to the March 31 due date for the return and final payment. Forms for such returns and amended returns shall be devised and supplied by the Commission. (f) All returns submitted to the Commission by a public utility, as provided in this section, shall be sworn to by an appropriate officer of the public utility. The Commission may audit each such return submitted and may take such measures as are necessary to ascertain the correctness of the returns submitted. The Commission has the power to direct the filing of an amended return by any utility which has filed an incorrect return and to direct the filing of a return by any utility which has failed to submit a return. (g) Each payment of the assessment imposed by subsection (d) of this section becomes delinquent at midnight of the date that it is due. If upon filing a return or an amended return it shall appear that a public utility has failed to pay, or has underpaid, the proper amount, it shall pay a penalty to the Commission of 2% of the amount due for each month or fraction thereof that such amount is unpaid. The Commission may enforce the collection of any delinquent installment or payment, or portion thereof, by legal action or in any other manner by which the collection of debts due the State may be enforced under the laws of this State. (h) In lieu of the regulatory assessment imposed under this section, a telecommunications service provider shall pay an assessment into the Delaware Broadband Fund. On August 1, 2013, the telecommunications service provider shall pay into the fund 1 / 2 of the amount of its 2011 regulatory assessment in lieu of the amounts due under this section for the period January 1, 2013, through June 2013 and shall continue making payments into the Fund in lieu of any amounts due under this section for an additional 3 years beginning on January 30, 2014, and ending on January 30, 2016, in an amount equal to the regulatory assessment for the year 2011, after which time the obligation under subsections (a)-(g) of this section or to make payments under this subsection shall cease. 26 Del. C. 1953, §  114; 57 Del. Laws, c. 667, §  3 ; 59 Del. Laws, c. 397, §  1 ; 67 Del. Laws, c. 260, §  1 ; 75 Del. Laws, c. 142, §§  1, 2 ; 77 Del. Laws, c. 151, §§  8, 9 ; 79 Del. Laws, c. 53, §  8 ; 79 Del. Laws, c. 309, §  1 ; 84 Del. Laws, c. 61, § 1 ; § 116 Delaware Public Utility Regulatory Revolving Fund; deposit of moneys collected. (a) There is hereby created within the State Treasury a special fund to be designated as the Delaware Public Utility Regulatory Revolving Fund which shall be used in the operations of the Commission and the Division of the Public Advocate in the performance of the various functions and duties required by law. (b) (1) All fees, licenses, assessments and other charges, collected by the Commission pursuant to this title shall be deposited in the State Treasury to the credit of said Delaware Public Utility Regulatory Revolving Fund to be used in the operation of the Commission as authorized by the General Assembly in its annual operating budget. However, if the General Assembly is not in session, any funds requested by the Department for the performance of the various functions and duties of the Commission and the Division of the Public Advocate, and which exceed the Commission’s annual operating budget, shall be officially submitted for approval or disapproval to the Controller General of the State and the Director of the Office of Management and Budget of the State. (2) All penalties or fines assessed and collected by the Commission shall not be deposited in said fund but shall be deposited in the General Fund of the State. (c) All payments to the Commission under §§ 114 and 115 of this title shall be deposited in the State Treasury to the credit of the Delaware Public Utility Regulatory Revolving Fund to be used in the operations of the Commission and the Division of the Public Advocate, as authorized by the General Assembly. However, if the General Assembly is not in session, any funds requested by the Department for the performance of the various functions and duties, of the Commission and the Division of the Public Advocate, and which exceed the Commission’s or Division’s annual operating budget, shall be officially submitted for approval or disapproval to the Controller General of the State and the Director of the Office of Management and Budget of the State. (d) Money reposing in the Delaware Public Utility Regulatory Revolving Fund shall be used by the Commission and the Division of the Public Advocate in the performance of each agency’s various functions and duties as provided by law; subject always to annual appropriations by the General Assembly for salaries and other routine operating expenses of the Commission and the Division of the Public Advocate. If the General Assembly is not in session, any funds requested by the Department for the performance of the various functions and duties of the Commission and the Division of the Public Advocate, and which exceed the Commission’s or Division’s annual operating budget, shall be officially submitted for approval or disapproval to the Controller General of the State and the Director of the Office of Management and Budget of the State. (e) Annual appropriations from the General Fund of the State for the operation of the Commission and the Division of the Public Advocate shall be credited to the Delaware Public Utility Regulatory Revolving Fund in appropriated monthly amounts and all expenditures authorized by the General Assembly for the operation of the Commission and the Division of the Public Advocate shall be made from said revolving fund. If the General Assembly is not in session, any funds requested by the Department for the performance of the various functions and duties required of the Commission and the Division of the Public Advocate by law and which exceed their respective operating budgets shall be officially submitted for approval or disapproval to the Controller General of the State and the Direction of the Office of Management and Budget of the State. (f) The maximum balance which shall remain in the Delaware Public Utility Regulatory Revolving Fund at the end of any fiscal year shall not exceed $750,000 in addition to the annual appropriation for the next fiscal year as authorized by the General Assembly for the operation of the Commission. Any amount in excess thereof shall be reverted to each public utility in an amount proportionate to the sum paid by that public utility in the previous calendar year pursuant to subsection (b) of this section. 59 Del. Laws, c. 397, §  1 ; 65 Del. Laws, c. 348, §  125 ; 75 Del. Laws, c. 88, §  21(12) ; 77 Del. Laws, c. 151, §§  1, 10-16 ; § 117 Termination of service or sale to a dwelling unit. (a) For purposes of this section: (1) “Cooling season” means that portion of the calendar year extending from June 1 through September 30. (2) “Employee” includes: a. Any person who is an employee of such utility authorized to accept payment for sales and services. b. The individual who is to terminate such sale or service. (3) “Heating season” means that portion of the calendar year extending from November 1 to March 31. (4) “Person” includes any individual, corporation, partnership, association, or joint-stock company. (b) (1) No person who engages in the distribution and sale of gas, water, wastewater, or electricity for use or consumption in any dwelling unit may discontinue service or sale thereof due to nonpayment of past charges for such service or sale to the occupants of that dwelling unit and owed by the occupants thereof without at least 72 hours’ notice to said occupants of intention to so terminate, except as otherwise provided by this section. (2) Each gas or electricity utility shall maintain a voluntary third-party notification program whereby a customer may designate, in writing, a third party to also receive the notice of termination of service required by paragraph (b)(1) of this section. The third party so designated must indicate, in writing, willingness to receive such notice on behalf of the customer and may not be held, in any way, liable to the utility by reason of acceptance of third-party status. (c) (1) Unless there is a safety-related emergency, a utility company may not suspend or turn off utility services to a dwelling unit outside the hours of 8:00 a.m. and 4:00 p.m., Monday through Thursday, unless such utility provides facilities for payment and restoration of services at all times during such period. Should Thursday or Friday be a legal, state or national holiday, Wednesday must be substituted for Thursday. Should Monday be a state or national, legal holiday, the next succeeding business day must be substituted for Monday. (2) Unless there is a safety-related emergency, a utility company may not suspend or turn off utility services to a dwelling unit from December 21 of each year to January 1 of the following year. (d) In no event may such termination occur if an occupant of a dwelling unit is so ill that the termination of such sale or service will adversely affect the occupant’s health or recovery, which has been so certified by a signed statement from a licensed physician, physician associate, or advanced nurse practitioner, of this State or of a state with similar accreditation and received by any employee or officer of such person engaging in the distribution or sale of gas, water, or electricity. Signed statements from a licensed physician, physician associate, or advanced nurse practitioner, obtained pursuant to this section are effective for 120 days. Signed statements may be renewed by means of a new signed statement to prevent termination only if a customer makes a good faith effort to make payments towards the utility service being provided. The Delaware Public Service Commission may promulgate regulations defining “good faith effort to make payments.” If a utility is subject to the jurisdiction of the Delaware Public Service Commission, that utility or a customer of the utility may petition the Delaware Public Service Commission for review of any dispute under this section. While such dispute is pending, a utility must continue to provide utility service to the customer until a final Commission adjudication on the petition is issued. When possible, no termination under this section may occur without advance notice to any known case manager or coordinator of an occupant in an affected dwelling unit. (e) (1) A gas or electric utility may not terminate service to a dwelling unit for nonpayment of past charges on a day when the National Weather Service reports that the 8:00 a.m. temperature measured at an airport in the same county as the subject dwelling unit is 35 degrees Fahrenheit or below on the morning of the date when the service is scheduled for termination. (2) An electric utility may not terminate service to a dwelling unit for nonpayment of past charges on a day when the 8:00 a.m. National Weather Service forecast contains a special weather statement or other information predicting that the heat index measured at an airport in the same county as the subject dwelling unit may equal or exceed 95 degrees Fahrenheit on the date when service is scheduled for termination. (2) When termination of service, otherwise authorized, has been deferred under paragraph (e)(1) or (e)(2) of this section, notice of deferral must be given to the account holder on the date on which termination was to be effected, notifying the occupant that unless proper payment arrangements are made, service will be terminated on a day where paragraph (e)(1) or (e)(2) of this section does not apply. If termination of service involves an apartment complex, trailer park, or other grouping of individual residential dwellings units to which service is provided directly or indirectly through a master meter without individual meters, the notice must be given to all occupants of each dwelling unit in the building complex in which service is proposed to be terminated. (f) (1) No gas or electric utility may terminate service to a dwelling unit during the heating or cooling season for nonpayment of a past due bill unless at least 14 calendar days prior to such termination, written notice is given to the utility account holder. Where the billing address is different than the location of the dwelling unit, written notice must be sent to the billing address and to the address of the dwelling unit. During the heating season, the gas or electric utility must make at least 2 documented attempts on separate days to contact the account holder by telephone, text message, or email prior to actual termination of service. One attempt must be after 5:00 p.m. During the cooling season, the gas or electric utility must make at least 1 documented attempt to contact the account holder by telephone, text message, or email prior to actual termination of service. (2) Written notice required by paragraph (f)(1) of this section must include the following information: a. The date on or after which termination of services will occur unless some satisfactory arrangement is made for the payment of the undisputed delinquent bills, which date may be no less than 14 calendar days from the mailing of written notice. b. That if there is a good faith dispute concerning the unpaid bills, termination of service will not take place pending determination of the dispute, provided the utility is notified of the existence of the dispute prior to actual termination. c. That if the occupant or other payor is unable to pay the full amount of the undisputed bill, termination of service may be avoided by entering into an initial payment installment agreement with the utility in accordance with the utility’s tariff. d. A referral to charitable or governmental assistance programs, including the Low-Income Home Energy Assistance Program. e. That if any occupant is ill and the termination of services would adversely affect the occupant’s health or recovery, the occupant or other payor may defer termination of services under subsection (d) of this section. (g) In addition to any other administrative penalty, the Commission may assess a civil penalty of up to $1,000 for each violation of this section. Each day of continued violation is considered a separate violation. (h) Notwithstanding any other provision of this section, a utility may discontinue service to a dwelling unit if the utility account holder requests that utility services be discontinued and the request is voluntary. 60 Del. Laws, c. 452, §  1 ; 70 Del. Laws, c. 186, §  1 ; 74 Del. Laws, c. 317, §  2 ; 74 Del. Laws, c. 374, §§  1, 2 ; 78 Del. Laws, c. 337, §  1 ; 80 Del. Laws, c. 185, §  2 ; 84 Del. Laws, c. 42, § 1 ; 85 Del. Laws, c. 24, § 1 ; 85 Del. Laws, c. 253, § 21 § 118 Continuation of service for activated Reserve and National Guard military personnel. (a) Except as otherwise provided by this section, a person who engages in the distribution and sale of electric, gas, water, sewer service, telecommunications, cable, or satellite television for use or consumption, including municipalities, (a “Service Provider”) shall not discontinue such service to the residence of a Qualifying Customer, as defined in subsection (g) of this section. With respect to telecommunications services, this section shall apply only to the provisioning of dial tone line, touchtone and local usage services. With respect to cable service, this section shall apply only to the provisioning of the most basic tier of television service. (b) A Qualifying Customer may apply for protection from disconnection of such service by notifying the Service Provider that the Qualifying Customer is in need of assistance caused by a reduction in household income as a result of a household member’s call to active duty status in the military reserves or National Guard. (c) A Service Provider may request periodic verification of the call to active duty status from the Qualifying Customer. A Service Provider may also request periodic verification of the Qualified Customer’s reduction in household income. (d) A Qualifying Customer may receive protection from disconnection under this section for as long as the emergency active duty status continues and for 30 days after that status has ended. (e) A Qualifying Customer receiving assistance under this section shall notify the Service Provider no later than 10 days after the return from active duty status. (f) The protection from disconnection provided under this section does not void or limit the obligation of the Qualifying Customer to pay for such services received. (g) As used in this section, “Qualifying Customer” means: (1) A residential household where the income is reduced because the customer of record, or the spouse of the customer of record, is a member of the National Guard or the military reserve and is called to active military service by the President of the United States or the Governor of this State during a time of declared national or state emergency of war. (2) Assistance is needed by the residential household to maintain 1 or more of the services subject to this section; and (3) The residential household notifies the Service Provider of the need for assistance and, if requested by the Service Provider, provides verification of the call to active duty status and the reduction in household income. 74 Del. Laws, c. 294, §  1 ; Delaware General Assembly Judicial Executive Contact Twitter Help function submitSearch() { if (!window.location.origin) { window.location.origin = window.location.protocol + "//" + window.location.hostname + (window.location.port ? ':' + window.location.port : ''); } keyword = document.getElementById('srch-term').value; window.location.href = "/Search?query=" + keyword; } document.getElementById('srch-term').onkeyup = function (e) { if (e.keyCode == 13) { submitSearch(); } } § 201 General jurisdiction and powers. (a) The Commission shall have exclusive original supervision and regulation of all public utilities and also over their rates, property rights, equipment, facilities, service territories and franchises so far as may be necessary for the purpose of carrying out the provisions of this title. Such regulation shall include the regulation of the rates, terms and conditions for any attachment (except by a governmental agency insofar as it is acting on behalf of the public health, safety or welfare) to any pole, duct, conduit, right-of-way or other facility of any public utility, and, in so regulating, the Commission shall consider the interests of subscribers, if any, of the entity attaching to the public utility’s facility, as well as the interests of the consumer of the public utility service. (b) Further, the Commission shall have exclusive original jurisdiction and regulation of every cable television system outside the boundaries of incorporated municipalities which on June 28, 1974, have the power either express or implied under their charters to grant franchises for a cable system, and the Commission shall have supervision and review jurisdiction and regulation over any action taken by incorporated municipalities, which on June 28, 1974, have the power either express or implied under their charters to grant franchises for a cable system, with respect to the regulation of cable television systems, including the grant of or failure to grant franchises for a cable system by such municipality or the terms of any franchise now or hereafter granted for a cable system by such a municipality or the conduct of any franchisee holding a franchise from such a municipality, provided that the Commission’s original and review jurisdiction and regulation shall be conducted solely in accordance with the provisions of subchapter VI of this chapter. (c) Notwithstanding any other provision of law, in the exercise of supervision and regulation over public utilities that provide telecommunications services, the Commission: (1) Shall forbear from regulating the rates, terms, and conditions of competitive retail communications services; and (2) Shall not investigate or adjudicate retail customer complaints for services except complaints related to the adequate provisioning of basic services. (d) (1) In the exercise of supervision and regulation over public utilities other than those that provide telecommunications services, the Commission may, upon application or on its own motion, after notice and hearing, forbear from (“deregulate”) in whole or in part, its supervision and regulation over some or all public utility products or services and over some or all public utilities where the Commission determines that a competitive market exists for such products and services and where the Commission finds that such deregulation will be in the public interest. (2) Any application under this subsection shall, at a minimum, include specific proposal or proposals, supporting statements or testimony, an analysis of the effects on the utility’s regulated customers and an implementation plan. The application shall affirmatively establish that the deregulation being considered will not adversely affect the availability, cost or quality of utility services provided to the utility’s regulated customers. (3) The Commission shall approve or disapprove any such deregulation applications within 180 days after submission thereof, except that, for good cause found, the Commission may enter an order extending this period for an additional 90 days. (4) The Commission shall determine how a public utility shall account for such deregulated products or services (including cost allocations where found to be appropriate) so as to ensure that the utility’s regulated customers neither benefit unduly from nor unduly provide a subsidy to the deregulated products or services; provided, that such accounting determination shall not thereafter be changed by the Commission except for good cause shown. (5) In connection with any application under this subsection for forbearance from Commission supervision and regulation, the Commission shall find, among other relevant things, the following: a. Whether a competitive market exists for the particular utility product or service being requested to be wholly or partly deregulated. Conditions and factors to be considered may include, but are not limited to, the following: 1. The existing or prospective market power of the utility with respect to its products or services for which deregulation is sought; and 2. If there are significant entry or exit costs or other barriers to potential competitors; and 3. If there is a reasonable basis to expect that prices of wholly or partly deregulated products or services will reflect the incremental costs of supply; b. Whether any safeguards are necessary to prevent a material adverse effect on utility service quality or rate levels; c. Whether or not an option to remain under the Commission’s supervision and regulation should be made available for customers whose utility products and services would be deregulated by the proposal; d. Whether or not the public utility shall unbundle each service or function on which a service depends to its fundamental elements and shall make those elements separately available to any customer whose utility service is being deregulated by the proposal under terms and conditions, including price, that are the same or comparable to those used by the public utility in providing its own service. The public utility shall not unreasonably discriminate between affiliated and unaffiliated providers of services in offering unbundled features, functions and capabilities; and e. Whether the Commission should forbear from regulating competing providers of such products or services. (6) Where the Commission has made a determination to forbear from its supervision and regulation under this section, the Commission shall have the ongoing right to review, examine and audit the books and records of the applicable utility, and the relevant books and records of any relevant nonregulated affiliate. This right shall be the same as the Commission’s right of access to inspection and examination of the utility’s regulated books, accounts and records and appropriate safeguards regarding disclosure of confidential information shall be provided. (7) Thirty months after any approval of forbearance from regulation hereunder, the utility shall file a report with the Commission summarizing its activities for that wholly or partly deregulated activity during its first 24 months of operation. Such report shall, at a minimum, address the criteria that the Commission deemed relevant in approving the request to deregulate such product or service. The report shall also describe the service provider’s investment during the previous 24 months. Such report shall also describe the level of planned investment over the next 5 years. The Commission may require that similar reports be submitted biannually thereafter. (8) The Commission, after notice and hearing, may prospectively revoke or reverse any forbearance of regulation granted hereunder where it finds that doing so is in the public interest. Where the Commission revokes or reverses a prior decision made under paragraph (d)(1) of this section, the Commission shall determine that the current rates for the related products or services are just and reasonable or shall establish new rates that are just and reasonable. (9) This subsection shall not apply to a telecommunications service provider for so long as such provider is governed under the provisions of subchapter VII-A, Chapter 1 of this title. (e) (1) In the exercise of supervision and regulation over public utilities, the Commission may, upon application or on its own motion, after notice and hearing, alter, in whole or in part, its supervision and regulation over some or all public utility products or services and over some or all public utilities to the extent necessary to promote and sustain adequate service at just and reasonable, and prudent rates, where the Commission determines that alternatives to supervision and regulation including the competitive provision of such products and services are in the public interest. Alternatives include, but are not limited to, incentive regulation, earnings sharing, categorization of services for the purposes of pricing, price caps, price indexing, ranges of authorized returns and different returns for different services. The Commission is specifically authorized to depart from rate base, rate of return regulation when it is in the public interest and when such departure is found to promote just and reasonable, and prudent rates. (2) Any application under this subsection shall, at a minimum, include specific proposal or proposals, supporting statements or testimony, an analysis of the effects on the utility’s regulated services provided to its customers and an implementation plan. The application shall affirmatively establish that the alteration of regulation will not adversely affect the availability, cost or quality of the regulated utility services provided to the utility’s customers. (3) The Commission shall approve or disapprove any such requests for alternative supervision and regulation within 180 days after submission thereof, except that, for good cause found, the Commission may enter an order extending this period for an additional 90 days. (4) The Commission shall determine how a public utility shall account for such alternatives (including cost allocations where found to be appropriate) so as to ensure that public utility customers to which such alternatives are not made available neither benefit unduly from nor unduly provide a subsidy to public utility customers to whom such alternatives are made available; provided, that such accounting determination shall not thereafter be changed by the Commission except for good cause shown. (5) The Commission, after notice and hearing, may prospectively revoke or reverse any alternative form of regulation granted hereunder where it finds that doing so is in the public interest. Where the Commission revokes or reverses a prior decision made under paragraph (e)(1) of this section, the Commission shall determine that the current rates for the related products or services are just and reasonable or shall establish new rates that are just and reasonable. (6) This subsection shall not apply to a telecommunications service provider for so long as such provider is governed by the provisions of subchapter VII-A, Chapter 1 of this title. (f) In the exercise of supervision and regulation over public utilities, the Commission may, upon application or on its own motion, after notice and hearing, alter a regulated utility’s billing statements in the interest of increasing transparency and understanding. Alternatives include changes to fairly reflect costs associated with legislatively-mandated public policy initiatives, such as compliance costs in greenhouse gas reduction programs and any increase in costs associated with state-sponsored renewable energy projects. 47 Del. Laws, c. 254, §  2 ; 26 Del. C. 1953, §  121; 59 Del. Laws, c. 397, §  1 ; 65 Del. Laws, c. 227, §  1 ; 66 Del. Laws, c. 50, §  2 ; 68 Del. Laws, c. 61, §  1 ; 70 Del. Laws, c. 48, §§  1, 2 ; 79 Del. Laws, c. 53, §  2 ; 80 Del. Laws, c. 214, § 1 ; 84 Del. Laws, c. 401, § 4 ; 85 Del. Laws, c. 78, § 2 ; § 202 Limitations on jurisdiction of Commission [For application of this section, see 85 Del. Laws, c. 445, § 2]. (a) Except insofar as may be necessary to implement §§ 203A and 203B of this title regarding the establishment and administration of retail electric service territories, and except as may be necessary to implement § 203C and § 203D of this title regarding the issuance of certificates of public convenience and necessity for water and wastewater utilities, and the review authorized under § 122 of Title 16, and except insofar as any entity agrees to participate in a proceeding before the Commission relating to an offshore wind contract under § 365 of Title 26, the Commission shall not have any supervision or regulation over any public utility, or over the rates, property, property rights, equipment, facilities or franchises of any public utility that is municipally-owned or over any municipal electric company formed pursuant to Chapter 13 of Title 22. (b) Except as may be necessary to implement §§ 203C and 203D of this title regarding the issuance of certificates of public convenience and necessity for water and wastewater utilities, and the review authorized under § 122 of Title 16, the Commission shall not have any jurisdiction over any public utility, water or wastewater district or water or wastewater author