Title 26, Public Utilities

§ 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 publi…

§ 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. …

§ 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 proceed…

§ 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 consen…

§ 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 se…

§ 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 …

§ 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…

§ 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, 197…

§ 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 …

§ 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…

§ 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 publ…

§ 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 …

§ 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 Commi…

§ 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 authorize…

§ 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 televisi…

§ 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 pur…

§ 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 territor…

§ 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 this section and §§ 102, 201, 202 and Chapter 10 of this title, and excluding electric suppliers, no i…

§ 203B. Service territories for electric utilities. (a) Subject to the provisions of § 202 of this title, the Commission shall, upon notice and after hearing, establish boundaries throughout the State within which public utilities providing retail electric service shall have the …

§ 203C. Certificates of public convenience and necessity for water utilities. (a) No person or entity (including municipalities, governmental agencies, and water authorities and districts created under Title 9 or Title 16) shall begin the business of a water utility nor shall any…

§ 203D. Certificates of public convenience and necessity for wastewater utilities. (a) (1) Except for municipalities, governmental agencies and wastewater authorities and districts, which are governed under subsection (b) of this section and wastewater utilities serving or to ser…

§ 203E. Certificate of public convenience and necessity for new electric transmission utilities. (a) Except as provided in § 203A(a)(3) of this title, no person or entity shall begin the business of an electric transmission utility providing transmission facilities, as defined in…

§ 203F. Certificate of public convenience and necessity for renewable energy interconnection facilities. (a) Except as provided in § 203A(a)(3) of this title, no person or entity shall begin the business of a “transmission facility” as defined in § 1001 of this title, without hav…

§ 203G. Approval of electric service agreements for large energy use facilities. (a) No person or entity may begin operations as a large energy use facility served by a Commission-regulated electric utility without first obtaining from the Commission the approval of an electric s…

§ 204. Extension of utilities’ facilities. (a) The Commission may, after hearing, upon notice, by order in writing, require every public utility to establish, construct, maintain and operate any reasonable extension of its existing facilities where, in the judgment of the Commiss…

§ 205. Reports by public utilities. (a) The Commission may require every public utility to file with the Commission such annual and other periodic or special reports, at such times, in such form and of such content, and covering such period or periods of time, as the Commission m…

§ 206. Investigations. The Commission may investigate, upon its own initiative or upon complaint in writing, any matter concerning any public utility.47 Del. Laws, c. 254, § 3; 26 Del. C. 1953, § 124; 59 Del. Laws, c. 397, § 1;

§ 207. Audits and access to, inspection and examination of utility’s property, records, etc. (a) The Commission, by or through its members or duly authorized representatives, shall at all times have access to and the right to inspect and examine any and all books, accounts, recor…

§ 208. Books, records, accounts, systems of accounts, etc. of utility. (a) (1) The Commission may, after hearing, upon notice, by order in writing, require every public utility to make, keep, and preserve for such periods of time, such accounts, records of cost accounting procedu…

§ 209. Standards, classifications, regulations, practices, measurements, services, property and equipment of public utility. (a) The Commission may, after hearing, by order in writing: (1) Fix just and reasonable standards, classifications, regulations, practices, measurements or…

§ 210. Standards for measurement of supply of product; examinations and tests of product. The Commission may, after hearing, by order in writing, ascertain and fix adequate and reasonable standards for the measurement of quantity, quality, pressure, initial voltage or other condi…

§ 211. Meters and measuring appliances. (a) The Commission may, after hearing, by order in writing, establish reasonable rules, regulations, specifications and standards to secure the accuracy of all meters and appliances for measurements and may provide for the examination and t…

§ 212. Compliance with laws, ordinances and charter. The Commission may, after hearing, upon notice, by order in writing, require every public utility to comply with the laws of this State and any ordinance of any political subdivision thereof relating thereto, and to conform to …

§ 213. Notice and report of accidents; disclosure; admissibility as evidence. (a) The Commission may require every public utility to give immediate notice to the Commission of the happening of any accident in or about, or in connection with, the operation of its service and facil…

§ 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 or without this State, and issue joint or concurrent orders in conjunction with any offici…

§ 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 of the Commission, shall: (1) Directly or indirectly merge or consolida…

§ 216. Free passes, franks, products or services. This chapter shall in nowise be construed to prevent the issuance by any public utility of free passes or franks, products or services to its employees, officers, agents, and their families, subject to such conditions as the Commi…

§ 217. Compliance with Commission’s orders; penalty. In default of compliance with any order of the Commission when the same becomes effective, the public utility affected thereby shall be subject to a penalty of up to $1,000 per day for every day during which such default contin…

§ 218. Violations and penalties. (a) Whoever knowingly performs, commits, or does, or participates in performing, committing or doing, or knowingly causes, participates or joins with others in causing any public utility to do, perform or commit, or advises, solicits, persuades, o…

§ 219. Powers of Commission over public water suppliers. Repealed by 70 Del. Laws, c. 49, § 1, effective June 12, 1995.

§ 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 service within this State shall participate i…

§ 221. Telecommunications Relay Service Advisory Committee. (a) The purpose of the Telecommunications Relay Service Advisory Committee is to oversee the relay services contract, the Delaware relay web site, new product announcements and all associated outreach programs. The Telec…

§ 222. Exemption from criminal and civil liability. The following parties shall not be liable for criminal prosecution or subject to a civil action arising from the relay of any message in the course of providing, or operating, a statewide dual party relay service: (1) A public u…

§ 223. Electric cooperative’s election to be exempt from regulation. (a) To be exempt under § 202(g) of this title, an electric cooperative shall conduct an election of all its members as follows: (1) An election under this section may be called by the cooperative’s board of dire…

§ 224. Regulations governing exempt electric cooperatives. Notwithstanding any electric cooperative’s election to exempt itself from the regulatory authority of the Commission under § 223 of this title, during any such period of exemption: (1) Such cooperative shall remain subjec…

§ 225. Lead paint on outdoor structures. All provisions of this title must comply with Chapter 30M of Title 16.81 Del. Laws, c. 396, § 7;