On July 6, 2004, legislation was enacted by the Delaware General Assembly, found at 74 Delaware Laws, Chapter 317, which granted the Commission jurisdiction to regulate non-governmental wastewater utilities having fifty or more customers in the aggregate. This authority includes the jurisdiction to grant and revoke Certificates of Public Convenience and Necessity (CPCNs). The Commission has adopted rules, regulations and procedures necessary to implement this authority.
The Commission’s responsibility is review all CPCN applications for non-governmental wastewater utilities in Delaware. Each regulated wastewater utility is required to submit a rate filing and tariff containing the rates and terms of service for its customers. Commission Staff reviews the financial viability of the wastewater utility, and the just and reasonableness of the rates and charges, and make recommendations to the Commission as appropriate.
The Commission does not regulate municipalities, governmental agencies and wastewater authorities and districts, or wastewater utilities serving fewer than 50 customers in the aggregate; nor does the Commission regulate individual septic systems.
To date, CPCNs have been granted the following wastewater utilities:
There may be additional wastewater utilities subject to the jurisdiction of the Commission. Wastewater system operators, and customers of non-governmental community wastewater systems (not individual septic systems), are encouraged to contact the Commission to determine if this legislation is applicable.
Visit the Regulated Utility Filings page for a listing of dockets, grouped by year and service type, opened by the Commission. Cases filed after July 7, 2014 are available through the DelaFile E-filing system.