Title 26 — Public Utilities

§§ 301-320. Formation of railroad corporation; articles of association; approval of articles; filing and recording; powers of railroad corporations; preliminary requisites to incorporation; capital stock; deposit with State Treasurer; affidavit of payment; fees and taxes; presump…

§§ 501-520. Definitions; formation of railroad corporation; articles of association; approval of articles; filing and recording; powers of railroad corporations; preliminary requisites to incorporation; capital stock; deposit with State Treasurer; affidavit of payment; fees and t…

§§ 701-709. Regulation of ticket agents; penalties; redemption of unused tickets; assigning places to customers; equal accommodations; erection and maintenance of telegraph and telephone lines by railroad or railway; fences and cattle guards; liability for damages; trespass with …

§ 1001. Definitions. As used in this chapter, unless the context otherwise requires: (1) “Aggregator” means any person or entity who contracts with an electric distribution company, electric supplier or PJM Interconnection (or its successor) to provide energy services, which faci…

§ 1002. Standards for electric utility restructuring. The General Assembly declares that the following interdependent standards shall govern the Commission’s review and approval of each public utility’s restructuring plan, oversight of the transition process and regulation of the…

§ 1003. Retail competition. General rule. — Except as otherwise expressly provided for in this chapter, on and after May 1, 2006, the generation, supply and sale of electricity, including all related facilities and assets, used to serve standard offer service and returning custom…

§ 1004. Transition period. (a) The transition period for DP&L shall begin on October 1, 1999, and shall end on September 30, 2002, for nonresidential customers and shall begin on October 1, 1999, and end on September 30, 2003, for residential customers. (b) The transition period …

§ 1005. Restructuring plan. (a) Restructuring plan for DP&L. — (1) Filing and contents of plan. — On or before April 15, 1999, DP&L shall file with the Commission a detailed plan for implementing retail competition in DP&L’s commission-designated service territory. Such plan shal…

§ 1006. Rates for customers. (a) Rates for customers within DP&L’s service territory. (1) DP&L is required to offer both standard offer service and returning customer service, except that returning customer service shall only apply to customers meeting the definitional load chara…

§ 1007. Standard offer service and returning customer service supplier obligation. (a) All electric distribution companies subject to the jurisdiction of the Commission shall be the standard offer service supplier and returning customer service supplier in their distribution serv…

§ 1008. Duties of electric distribution companies. (a) Each electric distribution company shall maintain its facilities and provide products and services which are safe, efficient, sufficient, adequate, and reliable. Each electric distribution company shall implement procedures t…

§ 1009. Reciprocity. Notwithstanding any other provision of this chapter, unless an electric utility, including a municipally-owned electric utility or a municipal electric company, has implemented a restructuring plan that provides for retail competition in its Delaware service …

§ 1010. Electric distribution companies’ obligation to serve customers. (a) The standard offer service supplier shall provide standard offer service which is safe, efficient, adequate and reliable. The Commission may take appropriate actions to ensure that the standard offer serv…

§ 1011. Metering and billing. (a) The following provisions shall govern metering and billing for customers in DP&L’s service territory: (1) Each customer shall have the right to choose to receive separate bills from DP&L and from its electric supplier, or to receive a combined bi…

§ 1012. Certification of electric suppliers. (a) Certification requirements. — Prior to doing business in Delaware, every electric supplier seeking to provide electric supply service to customers shall obtain a certificate from the Commission. The Commission shall promulgate rule…

§ 1013. Market power remediation. (a) On or after October 1, 1999, upon complaint or upon its own motion, for good cause shown, the Commission may conduct an investigation of the retail electric supply service market and whether the function of that market is being adversely affe…

§ 1014. Public purpose programs and consumer education [For application of this section, see 85 Del. Laws, c. 83, § 2]. (a) In separating the rates or prices for DP&L’s services under § 1005(a) of this title, the Commission shall reassign to the separate transmission and distribu…

§ 1015. Procedures to govern commission proceedings. (a) The Commission is authorized to enter such orders and adopt such regulations as may be needed to implement retail competition in accordance with this title. In order to allow the Commission to implement retail competition o…

§ 1016. Change of control. (a) The Commission’s regulatory authority over DP&L and DEC shall not be affected by a subsequent change in stock ownership of either utility. In approving any proposed merger, mortgage, transfer, issue, assumption or acquisition, the Commission shall, …

§ 1017. Filing information with public advocate. Nothing in this chapter shall be construed to limit or constrain in any way the right of the Division of the Public Advocate to receive information pursuant to § 8716(d)(5) of Title 29.72 Del. Laws, c. 10, § 3;

§ 1018. Electric cooperatives exempt from Commission supervision and jurisdiction. Notwithstanding any other provision of this chapter, any electric cooperative, while exempt from the supervision and jurisdiction of the Commission pursuant to §§ 202(g) and 223 of this title, shal…

§ 1019. Enforcement, penalties, and sanctions. (a) If after hearing, upon notice the Commission determines that any standard offer service supplier, electric supplier or electric distribution company has, as a matter of past or present fact arising after enactment of this section…

§ 1020. Energy efficiency planning; loading order. (a) Integrated resource plans (IRPs) filed with the Commission pursuant to § 1007 of this title shall include a detailed description of the energy efficiency activities of the utility. Electricity demand response programs shall b…

§ 1021. Voting at the PJM Interconnection Regional Transmission Organization. (a) For purposes of this section: (1) “Meeting” means any committee, user group, task force, or other part of the regional transmission organization in which votes are taken. (2) “Recorded vote” means a…

§ 1101. Powers and duties. (a) (1) Every corporation organized under the provisions of Chapter 1 of Title 8 for the purpose of producing or distributing steam, heat and power, in addition to the powers conferred upon corporations generally, may lay the necessary pipes and conduit…

§ 1102. Laying pipes or conduits. Every corporation organized under the provisions of Chapter 1 of Title 8, in laying any pipes or conduits in any of the public roads, highways, streets, avenues and alleys to be used for conveying steam, heat or power shall lay the same at a dist…

§ 1301. Powers and duties; regulation of use of public roads and streets. (a) (1) Every corporation organized under the provisions of Chapter 1 of Title 8 for the purpose of the production, distribution and sale of gas and also every corporation organized for the supply and distr…

§ 1302. Eminent domain. In case any corporation mentioned in this chapter desiring to acquire, occupy or use any lands in this State for its corporate use cannot agree with the owner thereof as to the terms and conditions of such acquisition, occupancy or use and the value, compe…

§ 1303. Crossing agricultural lands. Any gas, oil or water company which lays pipes, tubes or conduits on any lands cleared and used for agricultural purposes shall bury the same at least 24 inches below the surface if so required by the owner of the land.21 Del. Laws, c. 273, § …

§ 1304. Expansion of facilities and services of water companies in New Castle County. Repealed by 59 Del. Laws, c. 397, § 1, eff. June 28, 1974.

§ 1305. Establishment of a State Water Supply Coordinating Council [Repealed].72 Del. Laws, c. 409, § 1; 74 Del. Laws, c. 184, § 1; 77 Del. Laws, c. 107, § 1; repealed by 84 Del. Laws, c. 61, § 2, effective June 29, 2023.;

§ 1306. Reports by the Water Supply Coordinating Council [Repealed].72 Del. Laws, c. 409, § 2; 74 Del. Laws, c. 184, § 1; 77 Del. Laws, c. 107, §§ 2-7; repealed by 84 Del. Laws, c. 61, § 2, effective June 29, 2023.;

§ 1307. Recovery of costs of water supply enhancement projects in rates of public utilities [Repealed].72 Del. Laws, c. 409, § 3; 74 Del. Laws, c. 184, § 1; repealed by 84 Del. Laws, c. 61, § 2, effective June 29, 2023.;

§ 1308. Length of service for the Water Supply Coordinating Council [Repealed].72 Del. Laws, c. 409, § 4; 74 Del. Laws, c. 184, § 1; 77 Del. Laws, c. 107, § 8; 80 Del. Laws, c. 108, § 1; repealed by 84 Del. Laws, c. 61, § 2, effective June 29, 2023.;

§ 1401. State policy. It is the declared policy of this State: (1) That water utilities, both public and private, should have adequate supplies of water available, even in times of drought, to meet the present and future needs of this State on a continuing and sustainable basis; …

§ 1402. Definitions. For purposes of this chapter, unless the context otherwise directs: (1) “Adequate supply” means a volume of water supply from all sources which meets or exceeds the projected demand. The amount of adequate supply is calculated on the premise that, in the proj…

§ 1403. Projected demand determination for each water utility. On or before March 1 of each reporting year, the Water Supply Coordinating Council shall determine and publish for the following projected year the projected demand for each water utility providing water utility servi…

§ 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, each water utility in the drought sensitive area shall submit to the Water Supply Coordinating Council: (1)…

§ 1405. Water conservation rates. (a) Prior to January 1, 2005, each water utility shall implement a water conservation rate structure for water utility services provided to its customers in the drought sensitive area. (b) The water conservation rate structure must apply, at a mi…

§ 1406. Interconnections and wholesale bulk sales. (a) In order to ensure adequate supply to all consumers within the drought sensitive area during periods of anticipated or actual drought, the Commission has the jurisdiction and authority to order and direct a jurisdictional wat…

§ 1407. Implementing regulations. The Commission may adopt regulations to implement the provisions of this chapter as it applies to jurisdictional water utilities.74 Del. Laws, c. 179, § 2; 78 Del. Laws, c. 70, § 12;

§ 1408. Implementing regulations [Transferred]. [Transferred to § 1407 of this title by 78 Del. Laws, c. 70, effective July 1, 2011.]74 Del. Laws, c. 179, § 2;

§ 1500. Short title; declaration of policy. (a) This chapter shall be known and may be cited as the “Energy Efficiency Resource Standards Act of 2009.” (b) The General Assembly finds and declares that: (1) Cost effective energy efficiency shall be considered as an energy supply s…

§ 1501. Definitions. For purposes of this chapter: (1) “Affected electric energy provider” means an electric distribution company, rural electric cooperative, or municipal electric company serving energy customers in Delaware. (2) “Affected energy provider” means an affected elec…

§ 1502. Energy Efficiency Resource Standards. (a) It is the goal of this chapter that each affected energy provider shall achieve a minimum percentage of energy savings as follows: (1) For each affected electric energy provider, energy savings that is equivalent to 2% of the prov…

§ 1503. Energy use reporting. (a) The DEO shall annually publish a report on statewide electricity and natural gas consumption and electricity peak energy demand, submit this report to the Secretary, and make the report available to the general public by December 31 of each calen…

§ 1504. Regulations; jurisdiction; administration. (a) Not later than July 29, 2010, the Secretary, with the cooperation of affected energy providers, shall, by regulation, establish the requirements of this subsection, including, but not limited to: (1) Measurement and verificat…

§ 1505. Energy efficiency charge. (a) There is hereby established the Sustainable Energy Trust Fund. (b) Each individual affected energy provider may determine how best to fund activities necessary to achieve the energy savings goals within its service territory and implement pro…

§ 1506. Verified savings. (a) Subject to the other provisions of this subsection, affected energy providers will use EERUs obtained from the Sustainable Energy Utility or the Weatherization Assistance Program and approved by the State Energy Coordinator or created by an affected …

§ 1507. Review and enforcement. (a) The Secretary shall review each report submitted by all affected energy providers under § 1502(b) of this title to verify that the applicable performance standards under that subsection have been met. (b) In determining compliance with the appl…