Delaware Code
Title 26 - Public Utilities

§ 115. Public policy; regulatory assessment; definition of revenue; returns; collection of assessment. - (a) It is declared to be the public policy of...

§ 116. Delaware Public Utility Regulatory Revolving Fund; deposit of moneys collected. - (a) There is hereby created within the State Treasury a...

§ 117. Termination of service or sale. - (a) Definitions. (1) For purposes of this section, “employee” shall...

§ 118. Continuation of service for activated Reserve and National Guard military personnel. - (a) Except as otherwise provided by this section, a person...

Subchapter II. Jurisdiction and Powers

§ 201. General jurisdiction and powers. - (a) The Commission shall have exclusive original supervision and regulation...

§ 202. Limitations on jurisdiction of Commission. - (a) Except insofar as may be necessary to implement §§...

§ 203. - Transferred.

§ 203A. Certificate of public convenience and necessity; abandonment or discontinuance of business, operations or service. - (a) (1) Subject to the provisions of subsection (b) of...

§ 203B. Service territories for electric utilities. - (a) Subject to the provisions of § 202 of this...

§ 203C. Certificates of public convenience and necessity for water utilities. - (a) No person or entity (including municipalities, governmental agencies, and...

§ 203D. Certificates of public convenience and necessity for wastewater utilities. - (a) (1) Except for municipalities, governmental agencies and wastewater authorities...

§ 203E. Certificate of public convenience and necessity for new electric transmission utilities. - (a) Except as provided in § 203A(a)(3) of this title,...

§ 204. Extension of utilities' facilities. - (a) The Commission may, after hearing, upon notice, by order...

§ 205. Reports by public utilities. - (a) The Commission may require every public utility to file...

§ 206. Investigations. - The Commission may investigate, upon its own initiative or upon...

§ 207. Access to, inspection and examination of utility's property, records, etc. - The Commission, by or through its members or duly authorized...

§ 208. Books, records, accounts, systems of accounts, etc. of utility. - (a) (1) The Commission may, after hearing, upon notice, by...

§ 209. Standards, classifications, regulations, practices, measurements, services, property and equipment of public utility. - (a) The Commission may, after hearing, by order in writing:...

§ 210. Standards for measurement of supply of product; examinations and tests of product. - The Commission may, after hearing, by order in writing, ascertain...

§ 211. Meters and measuring appliances. - (a) The Commission may, after hearing, by order in writing,...

§ 212. Compliance with laws, ordinances and charter. - The Commission may, after hearing, upon notice, by order in...

§ 213. Notice and report of accidents; disclosure; admissibility as evidence. - (a) The Commission may require every public utility to give...

§ 214. Joint investigations, hearings and orders; cooperation with agencies of other states or of the United States. - The Commission may make joint investigations, hold joint hearings within...

§ 215. Merger, mortgage or transfer of property; issuance of securities; assumption of obligation of another; transfer of control; exceptions. - (a) No public utility, without having first obtained the approval...

§ 216. Free passes, franks, products or services. - This chapter shall in nowise be construed to prevent the...

§ 217. Compliance with Commission's orders; penalty. - In default of compliance with any order of the Commission...

§ 218. Violations and penalties. - (a) Whoever knowingly performs, commits, or does, or participates in...

§ 220. Telecommunications service for persons who have deafness, hearing loss or speech disabilities for wireline communications service and devices. - (a) All telephone corporations or any corporation supplying wireline communications...

§ 221. Telecommunications Relay Service Advisory Committee. - (a) The purpose of the Telecommunications Relay Service Advisory Committee...

§ 222. Exemption from criminal and civil liability. - The following parties shall not be liable for criminal prosecution...

§ 223. Electric cooperative's election to be exempt from regulation. - (a) To be exempt under § 202(g) of this title,...

§ 224. Regulations governing exempt electric cooperatives. - Notwithstanding any electric cooperative's election to exempt itself from the...

§ 225. Lead paint on outdoor structures. - All provisions of this title must comply with Chapter 30M...

Subchapter III. Rates

§ 301. Rate schedule and rate classifications. - (a) The Commission may require every public utility to file...

§ 302. Determination of rate base. - The Commission may, from time to time, ascertain and determine...

§ 303. Unjust or unreasonable rates and preferences; change in fuel adjustment rate; economic development credit for qualifying corporations. - (a) No public utility shall make, impose or exact any...

§ 304. Rate changes; notice. - (a) Unless the Commission otherwise orders, no public utility shall...

§ 305. Hearing on rate change. - Whenever there is filed with the Commission by any public...

§ 306. Effective date of rate change; refund bond. - (a) The Commission, upon the filing of a petition for...

§ 307. Burden of proof; speedy determination. - (a) In any proceeding upon the motion of the Commission,...

§ 308. Service as a factor in the Commission's regulation of a public utility. - (a) (1) In exercising the jurisdiction and power conferred upon...

§ 309. Rate change by Commission initiative. - (a) The Commission may, after hearing, upon notice, by order...

§ 310. Temporary rate reduction on order of Commission. - (a) Whenever the Commission, after due consideration of pertinent facts...

§ 311. Determination of rate by Commission. - If, after hearing, the Commission finds any existing or proposed...

§ 312. Action for refund of unauthorized rate increase. - If the public utility fails to make refund within 90...

§ 313. Depreciation account. - The Commission may, after hearing, by order in writing, require...

§ 314. Water Utility Distribution System Improvement Charge. - (a) The following definitions shall apply in this section: (1)...

§ 315. Electric and natural gas utility distribution system improvement charge [Effective until June 14, 2025]. - (a) The following definitions shall apply in this section: (1)...

§ 315. Electric and natural gas utility distribution system improvement charge [Effective June 14, 2025]. - (a) The following definitions shall apply in this section: (1)...

Subchapter III-A. Renewable Energy Portfolio Standards

§ 351. Short title; declaration of policy. - (a) This subchapter shall be known and may be cited...

§ 352. Definitions. - As used in this subchapter: (1) “Alternative compliance payment” means...

§ 353. Renewable energy portfolio standards administration. - (a) The Delaware Public Service Commission shall determine, verify, and...

§ 354. Renewable energy portfolio standards, eligible energy resources and industrial exemption. - (a) The total retail sales of each Retail Electricity Product...

§ 355. Renewable energy credits. - (a) Energy sold or displaced by customer-sited generation on or...

§ 356. Multiple credits for specific energy sources. - (a) A retail electricity supplier or municipal electric company shall...

§ 357. Proportional credit for eligible landfill gas and biogas. - A retail electricity supplier or municipal electric company shall receive...

§ 358. Issuance of renewable energy credits; reporting requirement; alternative compliance payment. - (a) The Commission shall establish by regulation the mechanisms under...

§ 359. Renewable energy tracking system. - (a) The Commission shall establish, maintain or participate in a...

§ 360. Renewable energy trading. - (a) A retail electricity supplier or municipal electric company may...

§ 361. Renewable energy credit transaction fee. - The Commission may impose an administrative fee on a retail...

§ 362. Rules and regulations. - (a) The Commission shall adopt rules and regulations necessary to...

§ 363. Special provisions for municipal electric companies and rural electric cooperatives. - (a) Any municipal electric company and any rural electric cooperative...

§ 364. Special provisions for Public Service Commission-regulated electric companies. - (a) All costs arising out of contracts entered into by...

Subchapter IV. Regulatory Provisions

§ 401. Resident agent. - Every public utility shall file with the Commission a designation...

§ 402. Previous and current meter readings. - All bills presented by and on behalf of all public...

§ 403. Expansion of facilities and services of water companies in State. - (a) No water company doing business in this State shall...

§ 404. Relocation of residential gas meters and other equipment [For application of this section, see 80 Del. Laws, c. 309, § 2]. - (a) Prior to the relocation of any inside residential gas...

Subchapter V. Hearings and Appeals

§ 501. Investigations, inquiries or hearings by Commission, its members or representatives. - (a) Any investigation, inquiry or hearing which the Commission has...

§ 502. Investigation, inquiry or hearing conducted by examiner. - In any investigation, inquiry or hearing, the Commission may designate...

§ 503. Rules governing conduct of hearings; findings and order. - (a) All hearings before the Commission, or its designated representative,...

§ 504. Compelling attendance of witnesses and production of documents; oaths; subpoenas. - (a) The Commission may compel the attendance of witnesses and...

§ 505. Witness fees and mileage. - The fees and mileage of witnesses required to attend before...

§ 506. Refusal to obey subpoena, answer question or produce documents; contempt. - If a person subpoenaed to attend before the Commission, any...

§ 507. Privilege against self-incrimination. - No person shall be excused from testifying or producing any...

§ 508. Depositions of witnesses. - The Commission, or any party to proceedings before the Commission,...

§ 509. Effective date and service of orders. - (a) Every order made by the Commission shall be served...

§ 510. Appeal from Commission's order. - (a) Any public utility affected by any final order made...

§ 511. Stay pending appeal. - The filing of an appeal from any order of the...

§ 512. Settlements are to be encouraged. - (a) Insofar as practicable, the Commission shall encourage the resolution...

Subchapter VI. Regulation of Cable Television Systems

§ 601. Cable television franchise; requirement therefor; authority to issue; application, notice and hearing requirements. - (a) No person or entity shall hereafter commence the construction...

§ 602. Contents of application. - All franchise applications shall consist only of the following: (1)...

§ 603. Hearing and franchising procedures. - (a) Upon the filing of an application or applications as...

§ 604. Franchise terms. - The terms of any franchise issued under this subchapter shall...

§ 605. Additional powers of the Commission. - In addition to its powers to issue franchises, the Commission...

§ 606. Termination of franchise for failing to comply with its terms. - A franchise granted pursuant to the terms of this subchapter...

§ 607. Franchising of existing unfranchised cable television systems. - (a) Notwithstanding any other provisions of this chapter, the Commission...

§ 608. Municipal franchises. - The Commission may review any franchise now or hereafter granted...

§ 609. Transfer of franchise or control of franchise. - (a) No franchise shall be transferred, otherwise than by operation...

§ 610. Payments to Commission. - (a) The Commission is authorized to bill to and collect...

§ 611. Certificate of compliance. - (a) Upon substantial completion of construction and when service is...

§ 612. Occupancy of public ways. - All cable systems holding a franchise granted under this chapter...

§ 613. Acquisition by franchisees of easements. - Any franchisee may acquire an easement across, in or on...

§ 614. Criminal penalties. - (a) Any applicant for a cable television franchise, or any...

§ 615. Judicial review and enforcement of acts by a Commission. - (a) Except where judicial review is otherwise expressly provided for...

§ 616. Preemption. - Any provision of this chapter, or of any franchise issued...

Subchapter VII. Telecommunications Regulation Modernization

§ 701. Short title. - This subchapter shall be known and referred to as the...

§ 702. Findings of public policy. - With respect to the provision of telecommunications services in Delaware,...

§ 703. Commission authority. - To create an environment which permits the pursuit of the...

Subchapter VII-A. Telecommunications Technology Investment Act

§ 704. Election of a telecommunications service provider to be governed by this subchapter. - (a) A telecommunications service provider offering services under a certificate...

§ 705. Definitions. - (a) “Basic services” means switched access services. (b) “Competitive services”...

§ 706. Offering, classification and abandonment of service. - (a) A service provider is not required to provide notice...

§ 707. Provision of basic services. - (a) An offering of basic services in this State, that...

§ 708. Provision of competitive services. - (a) Any provider of a competitive service may determine its...

§ 709. Delaware Broadband Fund. - (a) The State shall create a fund designated as the...

§ 710. Regulatory assessment. - In lieu of the regulatory assessment imposed under § 115...

Chapter 8. UNDERGROUND UTILITY DAMAGE PREVENTION AND SAFETY

Subchapter I. Underground Utility Damage Prevention and Safety Act

§ 801. Purpose; citation; construction. - (a) For the purposes of providing for the protection of...

§ 802. Definitions. - As used in this chapter, unless the context otherwise requires:...

§ 803. Duties of operator. - It shall be duty of each operator: (1) To participate...

§ 804. Additional duties of operators who are also underground pipeline facility operators. - It shall be the duty of each underground pipeline facility...

§ 805. Duties of designers. - It shall be the duty of each designer: (1) To...

§ 806. Duties of excavators. - (a) Prior to undertaking any excavation or demolition activities, it...

§ 807. Approved notification center. - (a) The approved notification center shall be Utilities Service Protection...

§ 808. Exemptions. - No penalties provided for in § 810 of this title...

§ 809. Injunction; mandamus. - Whenever it appears that any person has engaged in, is...

§ 810. Penalties. - It is unlawful and a misdemeanor for any person to...

§ 811. Civil liability. - (a) Obtaining information as required by this chapter does not...

§ 812. Conviction not admissible. - A conviction under this chapter, even when obtained pursuant to...

§ 813. Effective date. - The effective date of this chapter shall be January 1,...

Subchapter II. Pipeline Safety Compliance Programs

§ 821. Intrastate pipelines. - The Public Service Commission shall have the authority to make...

§ 822. Interstate pipelines. - The Public Service Commission shall have the authority to enter...

Chapter 9. TELEGRAPH, TELEPHONE AND ELECTRIC UTILITY CORPORATIONS

Subchapter I. General Provisions

§ 901. Location of lines; eminent domain. - (a) Any telegraph corporation, any telephone corporation or any corporation...

§ 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...

§ 903. Consolidation of telegraph or telephone corporations. - (a) Any telegraph or telephone corporation of this State, whether...

§ 904. Number of telephones on 1 line; penalty. - (a) No person or corporation operating, controlling or owning any...

§ 905. Placement of telegraph wires. - Telegraph wires shall be attached to the poles at least...

§ 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...

§ 907. Laying pipes, conduits or wires by electric utility corporations. - Every corporation mentioned in § 906 of this title may...

§ 908. Easements for public utilities across railroad property, rights-of-way, or occupations. - Any public utility operating within the State may acquire a...

§ 909. Special duties of electric utility corporations organized as cooperatives. - (a) For the purposes of this section, the following definitions...

Subchapter II. Caller Identification Service

§ 920. Definitions. - (a) The term “automatic number identification service” means an access...

§ 921. Per line blocking. - Every provider of electronic or wire communication services that provides...

Subchapter III. Changes in Customer Selection of Telecommunications Service Providers

§ 922. Statement of purpose. - The General Assembly finds that competition in the telecommunications industry...

§ 923. Definitions. - As used in this subchapter, unless the context otherwise requires:...

§ 924. Prohibitions and changes in preferred carrier selection. - (a) No carrier shall bill for intrastate telecommunications services, nor...

§ 925. Verification of orders for telecommunications service. - (a) No carrier shall submit a preferred carrier change order...

§ 926. Duty of executing carrier. - An executing carrier shall not verify the submission of a...

§ 927. Letter of agency. - (a) A carrier may use a letter of agency to...

§ 928. Preferred carrier freezes. - (a) A customer may institute a preferred carrier freeze to...

§ 929. Customer protections. - The Commission shall promulgate regulations governing the procedures to be...

§ 930. Commission authority. - (a) The Commission is authorized to supplement the provisions hereof...

Chapter 10. ELECTRIC UTILITY RESTRUCTURING

§ 1001. Definitions. - As used in this chapter, unless the context otherwise requires:...

§ 1002. Standards for electric utility restructuring. - The General Assembly declares that the following interdependent standards shall...

§ 1003. Retail competition. - General rule. — Except as otherwise expressly provided for in...

§ 1004. Transition period. - (a) The transition period for DP&L shall begin on October...

§ 1005. Restructuring plan. - (a) Restructuring plan for DP&L. — (1) Filing and contents...

§ 1006. Rates for customers. - (a) Rates for customers within DP&L's service territory. (1) DP&L...

§ 1007. Standard offer service and returning customer service supplier obligation. - (a) All electric distribution companies subject to the jurisdiction of...

§ 1008. Duties of electric distribution companies. - (a) Each electric distribution company shall maintain its facilities and...

§ 1009. Reciprocity. - Notwithstanding any other provision of this chapter, unless an electric...

§ 1010. Electric distribution companies' obligation to serve customers. - (a) The standard offer service supplier shall provide standard offer...

§ 1011. Metering and billing. - (a) The following provisions shall govern metering and billing for...

§ 1012. Certification of electric suppliers. - (a) Certification requirements. — Prior to doing business in Delaware,...

§ 1013. Market power remediation. - (a) On or after October 1, 1999, upon complaint or...

§ 1014. Public purpose programs and consumer education. - (a) In separating the rates or prices for DP&L's services...

§ 1015. Procedures to govern commission proceedings. - (a) The Commission is authorized to enter such orders and...

§ 1016. Change of control. - (a) The Commission's regulatory authority over DP&L and DEC shall...

§ 1017. Filing information with public advocate. - Nothing in this chapter shall be construed to limit or...

§ 1018. Electric cooperatives exempt from Commission supervision and jurisdiction. - Notwithstanding any other provision of this chapter, any electric cooperative,...

§ 1019. Enforcement, penalties, and sanctions. - (a) If after hearing, upon notice the Commission determines that...

§ 1020. Energy efficiency planning; loading order. - (a) Integrated resource plans (IRPs) filed with the Commission pursuant...

Chapter 11. STEAM, HEAT AND POWER CORPORATIONS

§ 1101. Powers and duties. - (a) (1) Every corporation organized under the provisions of Chapter...

§ 1102. Laying pipes or conduits. - Every corporation organized under the provisions of Chapter 1 of...

Chapter 13. GAS, WATER AND OIL CORPORATIONS

§ 1301. Powers and duties; regulation of use of public roads and streets. - (a) (1) Every corporation organized under the provisions of Chapter...

§ 1302. Eminent domain. - In case any corporation mentioned in this chapter desiring to...

§ 1303. Crossing agricultural lands. - Any gas, oil or water company which lays pipes, tubes...

§ 1305. Establishment of a State Water Supply Coordinating Council. - (a) A Water Supply Coordinating Council is hereby established. (1)...

§ 1306. Reports by the Water Supply Coordinating Council. - (a) The Water Resources Agency (“WRA”), the Delaware Geological Survey...

§ 1307. Recovery of costs of water supply enhancement projects in rates of public utilities. - In the case of a public utility subject to the...

§ 1308. Length of service for the Water Supply Coordinating Council. - The designation of the Water Supply Coordinating Council, and the...

Chapter 14. SELF-SUFFICIENT WATER SUPPLY

§ 1401. State policy. - It is the declared policy of this State: (1) That...

§ 1402. Definitions. - For purposes of this chapter, unless the context otherwise directs:...

§ 1403. Projected demand determination for each water utility. - On or before March 1 of each reporting year, the...

§ 1404. Reporting requirements for water utilities: consumer water conservation plans and certifications of adequate supply. - (a) On or before July 1 of each reporting year,...

§ 1405. Water conservation rates. - (a) Prior to January 1, 2005, each water utility shall...

§ 1406. Interconnections and wholesale bulk sales. - (a) In order to ensure adequate supply to all consumers...

§ 1407. Implementing regulations. - The Commission may adopt regulations to implement the provisions of...

Chapter 15. ENERGY EFFICIENCY RESOURCE STANDARDS

§ 1500. Short title; declaration of policy. - (a) This chapter shall be known and may be cited...

§ 1501. Definitions. - For purposes of this chapter: (1) “Affected electric energy provider”...

§ 1502. Energy Efficiency Resource Standards. - (a) It is the goal of this chapter that each...

§ 1503. Energy use reporting. - (a) The DEO shall annually publish a report on statewide...

§ 1504. Regulations; jurisdiction; administration. - (a) Not later than July 29, 2010, the Secretary, with...

§ 1505. Energy efficiency charge. - (a) There is hereby established the Sustainable Energy Trust Fund....

§ 1506. Verified savings. - (a) Subject to the other provisions of this subsection, affected...

§ 1507. Review and enforcement. - (a) The Secretary shall review each report submitted by all...

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Delaware Code Title 26 - Public Utilities

Delaware Code
Title 26 - Public Utilities