REGULATIONS

On March 16^th the Commission issued Order No. 9976 which amended Order No. 9965, removed subsection 16.10.4 from the final regulations and ordered them to be published in the April 2022 Register of Regulations with an effective date of April 11, 2022.

On February 9, 2022, the Division of the Public Advocate (DPA) filed a motion for Rehearing and Reconsideration of Order No. 9965. Several stakeholders submitted comments in answer to the DPA’s motion.  Please see Delafile, see the link https://delafile.delaware.gov/ and under Search Docket #: Reg. 49   for all documents.  At the Commission meeting on February 23, 2022 the Commission voted to postpone its decision on the DPA’s motion until March 16, 2022. The proposed regulations will not be published as final in the March 1st edition of the Register.  

On January 26, 2022, the Commission approved Order No. 9965 which adopts the proposed rules for community energy facilities as final with an effective date of March 11, 2022. 

Applications should be filed in the Public Service Commission’s DelaFile e-filing system. There is a $750.00 filing fee for each Preliminary Certificate to Operate application.

Questions regarding the process for Community Energy Facilities Preliminary Certificate to Operate and Final Certificate to Operate should be e-mailed to  Brian.Geller@delaware.gov or Patricia.Gannon@delaware.gov .

DELAFILE REGISTRATION PROCESS

All Community Energy Facility applications should be filed in the Commission’s electronic filing system, DelaFile. Before the application for a Preliminary Certificate to Operate can be submitted in DelaFile two actions are required:

1) a company representative must be registered as a system user in order to file documents and:

2) the company must be registered as a Community Energy Facility in the system.

Companies with their company representative/user can pre-register starting February 1st, 2022 even before a company submits its application. This will enable companies to file their application without having to wait for the user and company registration to be completed.

Please fill out one User Registration Form for each person who will file applications and fill out one Company Registration Form. E-mail the completed forms to DelafileAdmin@delaware.gov . PSC Staff will set up the users and companies in the DelaFile E-filing system. Users will receive automated emails from the system when the company registration is complete with a link to activate the account. Please follow the instructions in those emails. Thank you for your assistance in completing the system registration process in advance of filing an application.

 

User Registration

Community Energy Company Registration

If further assistance is required a System Administrator at the PSC can assist you by calling (302) 736-7500 or emailing Delafileadmin@delaware.gov Opens in new window.

Additional employee registrations may be completed later, but by pre-registering before an application is submitted the community energy facilities will be one step closer to being ready to file when the time comes. Only registered DelaFile users can file an application, file additional docket information after the initial filing or a report in DelaFile. If you have any questions about the registration process, please contact our system administrator at DelafileAdmin@delaware.gov or call 302-736-7500.

Community Energy Facilities’ Preliminary Certificate to Operate Application (PCTO)

After your company and company representative are registered in DelaFile you can submit the application for Preliminary Certificate to Operate on or after April 11, 2022 with a $750.00 filing fee.

Preliminary Certificate to Operate 

Community Energy Facilities’ Final Certificate to Operate Application (FCTO)

After your company and company representative are registered in DelaFile you can submit the Final Certificate to Operate application.  There is no filing fee for the FCTO.  

Final Certificate to Operate 

After filling out the PCTO with the supporting required documents go to the DelaFile webpage, see the link https://delafile.delaware.gov/

Please see the directions for filing in DelaFile here.