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Subchapter I. General Provisions
§ 101. Short title. - This chapter shall be known and referred to as the...
§ 102. Definitions. - As used in this title, unless the context otherwise requires:...
§ 102A. Public notice. - In any matter or proceeding before the Commission, the Commission...
§ 103. Composition; appointment; term; qualifications; vacancies; Chairman. - (a) The Public Service Commission is continued except that it...
§ 104. Removal of Commissioner. - The Governor, with the advice and consent of the Senate,...
§ 105. Compensation of Commissioners. - The members of the Commission shall each receive a salary...
§ 106. Office; seal; rules; meetings. - The Commission shall have such office or offices as may...
§ 107. Quorum. - A majority of the members of the Commission shall constitute...
§ 108. Personnel. - Subject to the provision of Title 29, Chapters 25 (Department...
§ 109. Disqualification for serving as member or employee of Commission. - (a) No person shall be eligible for appointment to or...
§ 110. Travel expense. - The Commissioners, executive director, secretary and other persons engaged in...
§ 111. Expenditures. - All expenditures of the Commission, within the limits of its...
§ 112. Copies of official documents and orders. - Copies of all official documents and orders filed or deposited...
§ 113. Testimony by member, employee or investigator of Commission. - No member, employee or investigator of the Commission shall be...
§ 114. Charges and fees; costs and expenses of proceedings. - (a) The Commission may impose charges and fees for filing...
§ 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...