ELECTRIC REGULATION IN DELAWARE
ROLE OF THE COMMISSION
In 1999, the General Assembly passed legislation restructuring the electric industry in Delaware. Prior to restructuring, the generation, transmission, and distribution of electric power by investor-owned utilities was fully regulated by the PSC. With restructuring, the generation of electric power became deregulated, leaving only distribution services under the regulatory control of the PSC. The pricing of electric transmission is regulated by the Federal Energy Regulatory Commission (FERC).
In 2006, faced with significantly increase energy costs, the General Assembly passed a revision to the restructuring legislation entitled "The Electric Utilities Retail Supply Act of 2006." The Act provides that all electric distribution companies subject to the jurisdiction of the Commission would be designated as the standard offer service supplier and returning customer service supplier in their respective territories. The Act provided further opportunity for distribution companies to enter into long and short-term supply contracts, own and operate generation facilities, build generation and transmission facilities, make investments in demand-side resources and take any other Commission approved action to diversify their retail load supply. Additionally, Delmarva Power is required to conduct Integrated Resource Planning for a forward-looking 10 year time frame and to file such plan with the Commission, the Controller General, the Director of the Office of Management and Budget and the Energy Office every two years starting with December 1, 2006. As part of the initial planning process, Delmarva Power is required to file a proposal to obtain long-term supply contracts. The proposal requires Delmarva Power to include a Request for Proposal (RFP) for the construction of new generation resources within Delaware. Delaware IRP/RFP
- Electric Choice - Customers of the Delaware Electric Cooperative and Delmarva Power may now have a choice in which company will provide their electric energy supply (distribution of electric will still remain with the respective utility). Electric suppliers must be certified by the Commission prior to offering electric supply service to consumers. Requirements for obtaining certification can be found in Del. Admin C. Section 3001. Questions regarding the process for electric supplier certification should be e-mailed to Malika Davis. The List of Certified Electric Suppliers provides the telephone numbers and websites of electric suppliers that may be offering services to residential, commercial or industrial customers. This list is updated as often as information becomes available and is a list of all certified companies, the Commission would urge customers to contact all potential suppliers to determine if a company is currently offering service. Before switching, the Consumer Energy Education Group (CEEG) has created a list of questions to ask potential electric suppliers.
- General Information
- For general consumer information, including how to file a complaint, please visit our Consumer Assistance page.
- Delaware Public Service Commission Frequently Asked Questions (FAQs)
- Delmarva Power provides important consumer information on billing, customer service issues and safety.
- Energy Procurement for Standard Offer Service ("SOS") customers of Delmarva Power and Light
- Consumer Reference - The following websites offer consumer information about electric issues:
- The Delaware Energy Office offers educational material on a wide variety of energy issues, including energy conservation, energy and the environment, green energy, and others.
- Federal Energy Regulatory Commission (FERC)
- U.S. Department of Energy
A complete list of all electric related cases filed with the Commission is available on the Commission's Regulated Utility Filings page.
Following is a list of cases that have, or are likely to, generate a significant amount of public interest. To assist the public with participation in these matters, links to the application or formal complaint, the procedural schedule (if applicable), and Commission Orders entered in a case are provided here. In limited cases, additional documents are available for viewing from the website.
- PSC Docket No. 14-41 - Delmarva Power & Light Company's Application for Approval of the 2014 Program for the Procurement of Solar Renewable Energy Credits. Please see info on the Renewable Portfolio Standard's Webpage
- IN THE MATTER OF THE INVESTIGATION INTO THE SOLICITATION PRACTICES OF STARION ENERGY PA, INC. (FILED OCTOBER 24, 2013) -PSC DOCKET NO. 395-13
- On November 5, 2013, the Commission opened a docket to investigate complaints regarding Starion, its agents, or both and the business practices of the company and its agents in soliciting Delaware customers. See Order No. 8477 for more information.
- PSC Docket No. 13-384 - In the Matter of the Application of Delmarva Power & Light Company for Approval of Its Proposed Forward Looking Rate Plan (filed October 2, 2013)
- Ex Parte Communication to Commissioner Winslow
- PSC Docket No. 13-250 (Filed June 20, 2013) - On June 20, 2013, Representative John Kowalko and State Senators Dave Lawson and Gary Simpson, on behalf of nineteen other members of the Delaware Legislature, filed a Petition requesting the Delaware Public Service Commission open a docket to review the appropriate level of detail contained in Delmarva Power & Light Company's monthly billing statements to its customers.
- On July 2, 2013, the Commission issued Order No. 8403 opening a docket to review the appropriate level of Delmarva Power & Light Company bill transparency, assigning Staff responsibility, identifying the proposed approach for Staff review, and setting periods for public notice and intervention.
- If you wish to participate as a party in this proceeding, with the right to present evidence and be heard by counsel, you must file a petition to intervene under Rule 21 of the Commission's Rules of Practice and Procedure. The dealine for filing that petition was on or before Friday, August 9, 2013. Please see the public notice of intervention period for more information.
- A Pre-Hearing Conference was held on Tuesday, October 22, 2013 at 9:30 am in the Public Service Commission Hearing Room. Please see the agenda for more information.
- On Tuesday, November 19, 2013, a second Pre-Hearing Conference was held so that the parties could further clarify their initial positions. Please see the working draft of the parties initial positions which was circulated at this meeting. While a date for the working groups next meeting has not be set, it is expected to be sometime in early 2014.
- PSC Docket No. 13-152 (Filed April 16, 2013) - On April 16, 2013 the PSC Staff filed a Motion requesting a docket be opened for the purpose of investigating Delmarva Power & Light's investment levels for its electrical distribution infrastructure.
- On April 22, 2013, Delmarva Power filed a Response to Staff's motion.
- If you wish to participate as a party in this docket, with the right to present evidence and be heard by counsel, you must file a petition to intervene under Rule 21 of the Commission's Rules of Practice and Procedure. You must file that petition on or before June 30, 2013. Please see the public notice of intervention period for more information.
- Commission Staff and Delmarva Power will hold Public Interactive Discussion Forums and Comment Sessions in each Delaware County. Please see the public notice for more information.
- Memorandum from Kevin Neilson updating Executive Director Howatt on the investigation.
- Presentation for Public Discussion Forums and Public Comment Sessions
- PSC Docket No. 13-115 (Filed March 22, 2013) - On March 22, 2013, Delmarva Power and Light Company filed an application with the Commission seeking an increase in its electric base rates. Delmarva is seeking approval of a proposed increase in electric base rates of $42,043,757 or 7.38% in total revenues.
- Delmarva Testimony
- Commission Staff Testimony
- Division of the Public Advocate
- Delaware Energy Users Group
- Delmarva Rebuttal Testimony
- Public Notice
- A Hearing Examiner of the Delaware Public Service Commission conducted Public Comment Sessions concerning the above-captioned case in each Delaware County. Please see the public notice for more information.
- On October 17, 2013 Delmarva filed a Motion to stay the Evidentiary Hearings in this matter. On October 22, 2013, the Commission denied Delmarva's Motion to Stay the evidentiary hearings. On October 22, 2013, the Commission denied Delmarva's Motion to Stay the evidentiary hearings.
- On November 13, 14, and 18, 2013, a Hearing Examiner of the Delaware Public Service Commission conducted an Evidentiary Hearing concerning above-captioned case. Please see the public notice for more information.
- Post-Hearing Briefs filed by Parties
- Delmarva's Opening Brief filed Dec. 30, 2013
- Delmarva's Opening Brief - Attachment 1
- Delmarva's Opening Brief - Attachment 2
- Delmarva's Opening Brief - Attachment 3
- Delmarva's Opening Brief - Attachment 4
- Answering Brief of the Division of the Public Advocate ("DPA") filed January 21, 2014
- DPA Answering Brief Attachments A-F
- DPA Answering Brief Attachment G
- DPA Answering Brief Attachments H-L
- Answering Brief of the Delaware Energy Users Group
- Commission Staff's Post-Hearing Brief to the Hearing Examiner
- Appendices to Staff's Post-Hearing Brief to the Hearing Examiner
- Delmarva's Reply Brief filed February 5, 2014
- Hearing Examiner's Report
- On March 4, 2014, Hearing Examiner, Mark Lawrence, released his Findings & Recommendations in this case. Parties to the case have until March 17, 2014 to file any exceptions.
- Exceptions to the Hearing Examiner's Report filed by Parties
- Delmarva's Exceptions
- Delmarva's Exceptions - Attachment A
- Delmarva's Exceptions - Attachment B
- Delmarva's Exceptions - Attachment C
- Delmarva's Exceptions - Attachment D
- Delmarva's Exceptions - Attachment E
- Delmarva's Exceptions - Attachment F
- Delmarva's Exceptions - Attachment G
- Division of the Public Advocate ("DPA")Exceptions
- Delaware Energy Users Group Exceptions
- Commission Staff's Exceptions
- Commission Staff's Exceptions Appendices
- Commission Deliberations
- The Commission will hear this docket on April 1, 2, and 3 at 10 a.m. each day at the Commission's Dover office. The public is welcome to attend. Please check this website prior to that day to ensure that the Commission's deliberation date has not been changed.
- On April 2, 2014, the Commission entered Order No. 8549 at the conclusion of its deliberations.
- PSC Docket No. 13-99 - Delmarva Power & Light Company's application for the approval to enter into a contract to purchase solar renewable energy credits ("SRECs") from Washington Gas Energy Services, Inc. ("WGES"). Please see info on the Renewable Portfolio Standard's Webpage.
- PSC Docket No. 12-526 - Delmarva Power & Light Company's Application for Approval of the 2013 Program for the Procurement of Solar Renewable Energy Credits. Please see info on the Renewable Portfolio Standard's Webpage.
- PSC Docket No. 12-544 - On Dec. 7, 2012, Delmarva Power and Light ("Delmarva") filed the 2012 Integrated Resource Plan ("IRP") . At the Commission meeting on Dec. 18, 2012 the docket was opened authorizing public notice and appointing a hearing examiner. At the March 5, 2013Commission meeting Delmarva agreed to remove the confidentiality restriction on the IRP. The Unsealed 2012 IRP and the Appendix have been released to the public. Please check the Calendar of Events for dates, times, and locations of workshops and Public Comment Sessions (look for Delmarva 2012 IRP or PSC Docket No. 12-544). For more information, visit the Commission's webpage on PSC Docket No. 12-544 Delmarva IRP
- PSC REGULATION DOCKET NO. 49 - IN THE MATTER OF THE ADOPTION OF RULES AND REGULATIONS TO IMPLEMENT THE PROVISIONS OF 26 DEL. C. CH. 10 RELATING TO THE CREATION OF A COMPETITIVE MARKET FOR RETAIL ELECTRIC SUPPLY SERVICE (OPENED APRIL 27, 1999; RE-OPENED JANUARY 7, 2003; RE-OPENED SEPTEMBER 22, 2009; RE-OPENED SEPTEMBER 7, 2010; RE-OPENED JULY 17, 2012): On July 17, 2012 the Commission entered Order 8187 re-opening the 26 Del. Admin C. Section 3001 "Rules for Certification and Regulation of Electric Suppliers" for further revisions.
- Pursuant to PSC Order No. 8187, the first stakeholder workshop was held on Monday, August 20, 2012. Please see the Public Notice for more information.
- The stakeholder workshops were held on October 11 and December 14, 2012. The next workshop will be held on Thursday, January 24, 2013, please see the Public Notice for more information.
- On July 30, 2013 the Commission entered Order 8424 approving publication of proposed amended Rules for Certification and Regulation of Electric Suppliers and establishing a deadline for comments on the proposed amendments. The hearing scheduled for October 22, 2013 has been postponed and will be rescheduled.
- Comments of AARP
- Comments of Clearview Energy
- Comments of Retail Energy Supply Association
- Comments of Washington Gas Energy Services
- Comments of Starion Energy
- Comments of Federal Trade Commission Staff
- On February 26, 2014 Senator Harris McDowell and Representative Melanie George-Smith submitted a letter to the Commission.
Update on Joint Finance Committee Letter to Public Service Commission Regarding Electric Suppliers
On February 26, 2014 members of the Delaware General Assembly Joint Finance Committee asked the Delaware Public Service Commission and Office of the Public Advocate to meet with legislative Staff to review "the laws, rules and procedures for certification of Third Party Energy Suppliers". Click here to see a copy of the letter.
A meeting has been scheduled for Thursday, April 10th, 2014 in the Senate Majority Hearing Room in Legislative Hall in Dover, Delaware from 12:30pm-2:00pm.
- Response of the Division of the Public Advocate to the Report of the Commission Staff.
- Response of DNREC Secretary O'Mara to the Report of the Commission Staff.
Initial comments filed and a brief summary are as follows:
- Washington Gas Energy Services Supportive of the proposed revisions.
- Vote Solar Initiative Suggested revisions for clarification and suppported the comments as well as the rule revisions and modifications filed by the Intersate Renewable Energy Council.
- Interstate Renewable Energy Council ("IREC") Suggested substantive rule revisions and modifications to provide certainty for customers seeking net metering and clarifications intended to ensure the provision of net metering consistent with SB267
- Delmarva Power & Light Company ("DPL") Suggested substantive rule revisions and modifications to reflect, among other things, that DPL's billing system can not accommodate the automated billing of aggregated net metering accounts. A proposed tariff to implement net metering was also included in DPL's filing.
As a result of the February 24, 2011 workshop, a subsequent workshop was held on March 24, 2011. Staff proposed further revisions to the Regulations for the Commission to consider in its meeting of April 19, 2011. Staff's proposed further revisions to the Regulations are intended to reflect the issues raised by participants in filed comments and workshop discussions, as well as include additional modifications, clarifications, and revisions to incorporate existing provisions in the statutes. The Commission approved Staff's proposed further revisions in Order No. 7946 issued April 19, 2011 in Regulation Docket No. 49. The Commission's Order No. 7946 provided for the publication of the proposed further revisions to the Regulations in the Delaware Register of Regulations, as well as a publication of further notice that requires any comments to be filed by June 1, 2011 with a hearing scheduled for June 7, 2011. A copy of Order No. 7946, as published April 27, 2011 in the Delaware Register of Regulations can be found here.
On June 7, 2011 the Commission issued Order No. 7984 approving final revised rules to implement net energy metering pursuant to the requirements of SB267. Order No. 7984 provides, among other things, that Delmarva Power & Light Company would file revised tariffs, applicable Interconnection Standards for Generators, and such other forms as may be necessary to comply with Order No. 7984 within 30 days of the July 10, 2011 publication of these final rules in the Delaware Register of Regulations. A copy of Order No. 7984 can be found here.
On July 22, 2011 Delmarva Power & Light Company filed tariffs and interconnection standards in compliance with Order No. 7984 . On August 9, 2011 Staff will propose to the Commission that a workshop be held to address potential issues with implementation of the proposed tariffs and interconnection standards.
A Workshop To Address Questions And Issues Regarding The Implementation Of Net Metering Tariffs, Interconnection Requirements, And Other Forms Filed In Compliance With Order No. 7984 issued in Regulation Docket No. 49 will be held from 1pm to 5pm on Tuesday, September 13, 2011 in the Commission's Hearing Room located at 861 Silver Lake Blvd., Dover, Delaware. For questions or suggested topics for workshop discussion, send an email to firstname.lastname@example.org.
On November 17, 2011 Delmarva Power & Light Company submitted updates to its previous compliance filing of June 7, 2011 related to the tariffs, documents and other forms to implement the Section 8.0 Net Metering Rules approved by the Commission found here. The Company's updated submittal reflects issues addressed at the workshop of September 13, 2011, previously filed comments, as well as Commission discussions. The documents submitted by the Company can be found here.
- Commission Orders
- Order No. 7836 On September 7, 2010 the Commission issued Order No. 7836 that found the White Oak Contract and the SEU Contract, as revised to reflect the Agreement in Principle resolving the parties' concerns with the SEU contract, are in the public interest and should be approved.
- Order No. 7788 (June 15, 2010) - Commission opens the docket to review Delmarva's application, and establishes a procedural schedule which provides for an evidentiary hearing before the Commission on Tuesday, August 17, 2010.
- Report of the Commission Staff (filed August 6, 2010) - Based on project and other information, Staff's consultant concluded that the pricing, terms and conditions of the Delmarva/White Oak contract are reasonable and that the project is viable. Staff's consultant also found that it would be reasonable for Delmarva to purchase SRECs directly from White Oak at the Delmarva/White Oak Contract price that otherwise would have been purchased by the SEU and later resold to Delmarva at a higher price under the Delmarva/SEU Contract.
- Response of Delmarva Power to the Report of the Commission Staff (filed August 10, 2010) - Delmarva requests Commission approval of the White Oak Contract and the SEU Contract in their entirety as both contracts are reasonable and in the public interest.
- Response of the Division of the Public Advocate to the Report of the Commission Staff (filed August 10, 2010) - recommending that the Commission adopt Staff's Report and direct the parties to implement the recommendations therein. Further recommending that the Commission approve the White Oak-Delmarva contract and reject the Delmarva-Sustainable Energy Utility ("SEU") contract.
- DSEC Comments by Dale Davis (filed August 10, 2010)- disagrees with Staff's report regarding the benefits of the SEU contract.
- SEU Response To Staff Report (filed August 10, 2010) - Commission should approve the Delmarva/SEU contract and reject the conclusions of the Staff's consultants.
- SEU Response To Staff Report by Dr. John Byrne (filed August 10, 2010)- The Delmarva/SEU contract for the purchase and sale of SRECs promotes the public interest.
- Order 7755 extends the deadline for Delmarva's filing of the IRP until no later than October 31, 2010
- Application and Testimony
- Cover Letter
- Public Notice of Filing
- Staff Report
- Delmarva Power & Light's Response to Staff Report
- Notice of Evidentiary Hearing. The evidentiary hearing in PSC Docket No. 09-311, the dynamic pricing docket, has been CANCELED for Monday, November 14 at 10:00 a.m. at the Carvel Building. A hearing is scheduled for December 20, 2011 at 1:00 pm in the Dover Commission Office.
- Order 8105
- Compliance Filing by Delmarva Power
- Revenue Decoupling: On March 20, 2007, by Order No. 7153 the Commission initiated Regulation Docket No. 59 to consider whether to implement a revenue decoupling mechanism for the electric and natural gas distribution utilities subject to its jurisdiction, consistent with the provisions of the settlement of Delmarva Power & Light Company's ("Delmarva") gas base rate case approved in Order No. 7152 (Mar. 20, 2007) in which it proposed a Bill Stabilization Adjustment ("BSA"). Simultaneously, the Commission opened Docket No. 07-28 to consider the "Blueprint For the Future Application and Plan" ("Blueprint"), submitted by Delmarva on February 6, 2007, that proposed, among other initiatives, demand-side management ("DSM"), advanced metering, and energy efficiency plans (see Order No. 7154. After a number of public workshops and meetings in each proceeding, Staff raised concerns regarding duplication in the examination of issues in Regulation Docket No. 59 and Docket No. 07-28 (together "the Dockets") in light of the close relationship between DSM proposals and revenue decoupling mechanisms. On March 17, 2008, the parties from both dockets convene to discuss common issues and the viability of continuing both dockets, and later submitted comments and recommendations to the Hearing Examiner regarding the path forward in consideration of Delmarva's Blueprint and revenue decoupling. After holding additional workshops and accepting additional written comment, the Hearing Examiner issued a report of Findings of Fact, Conclusions of Law, and Recommendations ("Report") to the Commission. During its meeting of August 19, 2008, the Commission heard oral argument regarding the Hearing Examiner's Report and filed Exceptions. Order No. 7420 (Sep. 16, 2008) memorializes the Commission's deliberations and decision.
- Electric Reliability: Under the Commission's Rules Governing Electric Service Reliability and Quality Standards, adopted by PSC Order No. 7725 (Jan. 7, 2010), Delmarva Power must file an annual performance report: 2011 Annual Performance Report. Delmarva Power 2014 Reliability and Planning Studies Report.
- Electric Industry Restructuring in Delaware
- Regulatory Authority: 26 Delaware Code, Chapter 10
- As part of the Delmarva Power & Light Company merger with Potomac Electric Power Company (PSC Docket No. 01-194), the Commission, in PSC Order No. 5941, signed April 16, 2001, approved a proposed settlement which, among other things, extended the rate caps for customers of Delmarva Power & Light Company until May 1, 2006.
- Rate caps for residential customers of the Delaware Electric Cooperative ended on March 31, 2005.
- Rules for Certification and Regulation of Electric Suppliers PSC Order No. 7435
- List of Certified Electric Suppliers with additional contact information. Before switching, the Consumer Energy Education Group (CEEG) has created a list of questions to ask potential electric suppliers.
- Delaware Electric Supply Choice Enrollment Information: shows the number and classification of customers switching.
- Customer-Owned Generation: Interconnection standards for customers of Delmarva Power who own on-site generation under one megawatt (MW) and wish to interconnect with the utility electric grid. Delmarva Power submitted its Annual Small Generator Interconnection Report As of December 31, 2013. Delmarva Power submitted their Net Metering Report for the 2013 calendar year as required by 26 Del. Admin. C. Section 3001-8.11.
- Electric Transmission: PJM Interconnection LLC (PJM) is the regional transmission organization (RTO) responsible for the transmission of electricity in the region that includes all or parts of Delaware, Illinois, Indiana, Kentucky, Maryland, Michigan, New Jersey, Ohio, Pennsylvania, Tennessee, Virginia, West Virginia and the District of Columbia.
- The National Association of Regulatory Utility Commissioners (NARUC): NARUC membership is comprised of the governmental agencies engaged in the regulation of utilities and carriers in the fifty States, the District of Columbia, Puerto Rico and the Virgin Islands. The NARUC website provides information about the issues facing the energy, telecommunications, and water/wastewater industries at the national level.