WATER REGULATION IN DELAWARE
- Role of the Commission
- Regulated Utilities
- Consumer Information
- Important or Pending Cases at the Commission
- Local, Regional and National Issues
Most aspects of water distribution, including the rates that can be charged, are regulated by the PSC;however, other matters such as water quality are also regulated by other state and federal agencies. Additionally, if any water utility wishes to expand its service territory, it must apply for and be granted a Certificate of Public Convenience and Necessity (CPCN).
In July 2001, the General Assembly and the Governor enacted a new 26 Del. C. Section 314 whereby water utilities subject to the Commission's jurisdiction are authorized to initiate and thereafter revise a "Distribution System Improvement Charge" ("DSIC Rate"). Under this DSIC Rate mechanism, a water utility - during the period between its full rate case proceedings - may recover its depreciation expenses and an additional amount of return (pre-tax) associated with its capital investments in completed "eligible distribution system improvements."
The Commission does not regulate the water services of municipalities or governmental authorities, with the exception of granting, under certain circumstances, CPCNs to those entities.
- Artesian Water Company, Inc.- Delaware Tariff
- Broadkiln Beach Water Co.
- Cantwell Water Co.
- Long Neck Water Co.
- Pickering Beach Water Co.
- Prime Hook Water Co.
- Slaughter Beach Water Co.
- Southern Shores Water Co.
- Sussex Shores Water Co. - Rates
- Tidewater Utilities, Inc. - Delaware Tariff
- United Water Delaware - Delaware Tariff
- Wilkerson Water Co.
- For general consumer information, including how to file a complaint, please visit our Consumer Assistance page.
- Delaware Public Service Commission Frequently Asked Questions (FAQs)
- The Water Supply Section of Delaware's Department of Natural Resources and Environmental Control offers information on well construction and use, groundwater protection, well head protection, drought information and water conservation.
- The mission of University of Delaware's Water Resources Agency (UDWRA) is to provide technical assistance for water resources and watershed policy and to governments in Delaware and the Delaware Valley through the University's public service, education, and research role.
- Delaware's drinking water quality and safety is regulated by the Delaware Division of Public Health ("DPH"). DPH publishes an annual Public Drinking Water Suppliers Annual Compliance Report.
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.
- On May 4, 2010, the Commission adopted PSC Order No. 7440 adopting proposed regulations to replace the existing "Regulations Governing Certificates of Public Convenience and Necessity for Water Utilities." The proposed regulations will be published in the June 2010 Registrar of Regulations. The Commission will accept comments on these proposed rules through June 30, 2010. Additional information regarding the proposed rules and where to direct comments may be found in the Public Notice of Proposed Rule-Making.
- Pending Water and Wastewater CPCN Applications: Applications for a Certificate of Public Convenience and Necessity (CPCN) filed by water and wastewater utilities are available for review from this page.
IN THE MATTER OF THE APPLICATION OF TIDEWATER UTILITIES, INC. FOR AN INCREASE IN WATER RATES (FILED NOVEMBER 25, 2013) - PSC DOCKET NO. 13-466
- Testimony of witnesses Esposito, Kalmbacher, Patrick, O'Connor, and Tilley
- Testimony of AUS Consultants witnesses Shambaugh, D'Ascendis, and Ahern on behalf of Tidewater Utilities, Inc.
- Minimum Filing Requirements Index
- A Hearing Examiner of the Delaware Public Service Commission will conduct public comment sessions on April 15, 17, and 24, 2014. Please see the notice for more information.
- Commission Order No. 8164 issued in the last rate case
- Order No. 8474 opening the docket was signed by the Commission on October 22, 2013.
- Direct Testimony of Lisa Driggins on behalf of Commission Staff.
- Testimony of John Guastella
- Testimony of David Valcarenghi
- Testimony of Pauline Ahern
- Testimony and Exhibits 2A, 2B and 2C of C. Thomas deLorimier
- Water Supply Self Sufficiency Act: As a result of the drought emergency of 2002, the State of Delaware adopted policies requiring private and public water utilities in northern New Castle County to implement policies to ensure adequate water supplies to meet present and future needs. These utilities must develop interconnection commitments, implement rate structures and periodically certify the adequacy of water supplies. Specifically, Section 1406 of Title 26 of the Delaware Code requires each water utility in the drought sensitive area to adopt rates with either an inverted block structure or a seasonal rate structure. The Commission's responsibility is to ensure that the affected utilities respond to those requirements of the Code with tariff rates and rules that are revenue neutral and that promote conservation. Also under the Water Supply Self-Sufficiency Act of 2003, water utilities under the jurisdiction of the Commission serving customers in northern New Castle County - United Water Delaware, Inc. and Artesian Water Company, Inc. - must file on or before July 1, 2006, and every three years thereafter, a consumer conservation plan and a certification of adequate water supply for the following three-years. Documents related to the 2009 filings are available below:
- The Water Committee of the National Association of Regulatory Utility Commissioners("NARUC") seeks to foster an awareness and understanding of the issues affecting the water industry.
IN THE MATTER OF THE APPLICATION OF SLAUGHTER BEACH WATER COMPANY FOR AN INCREASE IN WATER BASE RATES (FILED SEPTEMBER 18, 2013) - PSC DOCKET NO. 13-364
IN THE MATTER OF THE APPLICATION OF ARTESIAN WATER COMPANY, INC. FOR AUTHORITY TO INCREASE RATES AND CHARGES FOR WATER SERVICE (FILED APRIL 11, 2014) - PSC Docket No. 14-132
- Application and Testimony on behalf of Artesian Water Company, Inc.
PSC REGULATION DOCKET NO. 63 - IN THE MATTER OF THE ADOPTION OF REGULATIONS GOVERNING ADMINISTRATION OF THE WATER UTILITY DISTRIBUTION SYSTEM IMPROVEMENTS CHARGE AND THE UTILITY FACILITY RELOCATION CHARGE PROVIDED FOR IN 26 DEL.C. SECTIONS 314 AND 315 (OPENED JANUARY 31, 2012)- Order No. 8103 approving for publication and comment new regulations to implement and administer the Distribution System Improvement Charge and Utility Facility Relocation Charge was approved by the Commission on January 31, 2012. A copy of Order No. 8013, as published in the March 2012 Delaware Register of Regulations, can be found here. On April 17, 2012, the Commission approved the regulations in Order 8138.