WATER REGULATION IN DELAWARE |
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- Role of the Commission
- Regulated Utilities
- Consumer Information
- Important or Pending Cases at the Commission
- Local, Regional and National Issues
ROLE OF THE COMMISSION
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.
REGULATED UTILITIES
- Artesian Water Company, Inc.
- 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.
- Tidewater Utilities, Inc.
- United Water Delaware
- Wilkerson Water Co.
CONSUMER 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)
- 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.
IMPORTANT OR PENDING CASES
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.
All case related documents are available for review by appointment at the Commission Office in Dover, Delaware, or at the Office of the Public Advocate in Wilmington, Delaware.
- 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.
- 2009 Water Self-Sufficency Filings in Compliance with 26 Delaware Code, Chapter 14
- United Wwater Delaware, Inc. (PSC Docket No. 09-282)
- Artesian Water Company, Inc.(PSC Docket No. 09-284)
- United Water Delaware - PSC Docket No. 09-60: During its meeting of September 9, 2009, the Commission considered and approved the Findings and Recommendations of the Hearing Examiner and a proposed Settlement Agreement... see Order No. 7637.
- Tidewater Utilities, Inc. - PSC Docket No. 09-29: During its meeting of September 6, 2009, the Commission considered and approved the Findings and Recommendations of the Hearing Examiner and a proposed Settlement Agreement... see Order No. 7639.
- Artesian Water Company, Inc. - PSC Docket No. 08-96: During its meeting of September 22, 2009, the Commission considered and approved the Findings and Recommendations of the Hearing Examiner and a proposed Settlement Agreement... see Order No. 7657.
- Regulation Docket No. 51: By PSC Order No. 7254, the Commission proposed changes to the its existing "Regulations Governing Water Utilities Including the Public Service Commission’s Jurisdiction to Grant and Revoke Certificates of Public Convenience and Necessity." After a public hearing in November 2007, the Commission Staff suggested revisions to the proposed rules. Additional public evidentiary hearings on the proposed regulations, as well as Staff's revisions, were held in March 2009. Final post-hearing briefs are due by mid-August, and the Hearing Examiner will review the case and enter a report of findings and recommendations for consideration by the Commission.
LOCAL, REGIONAL AND NATIONAL ISSUES
- 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 2006 filings are available below:
- United Water Delaware Inc.: Filing, Staff Memo and Consultant Reports, PSC Order No. 7234
- Artesian Water Company, Inc.: Filing, Staff Memo and Consultant Reports, Supplemental Comments on Self-Sufficiency Report, PSC Order No. 7233
- 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.
