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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsApril 2018


Regulatory Flexibility Act Form

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Copies of the proposed rules and regulations are not available in the Delaware Register of Regulations until April 1, 2018. You may obtain a copy of the proposed rules and regulations from the Commission at its Dover office at the address set out below during normal business hours. You may also obtain an electronic copy of the proposed rules and regulations by accessing the State of Delaware’s Internet website at: http://www.state.us.de.us/govern/agencies/pubservc/major/major1.htm.
The Commission solicits suggestions, compilations of data, briefs, or other written materials concerning the proposed rules and regulations and any additional rules or regulations which may be necessary or desirable to implement the provisions of 26 Del.C. §203E. If you wish to submit such materials, you must e-mail such materials to Joseph DeLosa at Joseph.DeLosa@state.de.us. on or before Tuesday, May 1, 2018. In addition, two (2) copies of all filed materials should be served upon the Division of the Public Advocate, Carvel State Office Building, 820 N. French Street, Wilmington, DE 19801.
AND NOW, this 13th day of March 2018, the Commission determines and Orders the following:
1. On February 14, 2018, House Bill 127 as amended by House Amendment No. 1 (“HB 127”) (81 Del. Laws ch. 205) became law. HB 127 amended Chapter 1, Subchapter II, Title 26 of the Delaware Code by adding “§203E Certificate of public convenience and necessity for new electric transmission utilities.” Section 203E provides that no person or entity shall begin the business of an electric transmission utility providing transmission facilities, as defined in §1001(26)1 of this title, without having first made application to and obtained from the Commission a certificate of public convenience and necessity (“CPCN”) approving the person or entity as an electric transmission utility authorized to provide transmission facilities. The enactment of HB 127 recognized that, due to recent changes in federal law, certain new electric transmission utility projects will now be available to in-state and out-of-state entities. The goal of the HB 127 Act was to provide the Commission the necessary authority to determine whether to grant a CPCN for such projects. HB 127 provides factors the Commission shall consider in determining whether to grant an applicant’s CPCN.2
5. That this docket is opened to adopt the rules and regulations Exhibit “B” required by the provisions of 26 Del.C. §203E and in furtherance of the enactment into law of House Bill 127 as amended by House Amendment No. 1 (81 Del. Laws ch. 205).
6. That the Secretary shall give public notice of this docket and Staff’s proposed rules and regulations by publishing notice in the form attached as Exhibit "A" in the legal classified sections of The News Journal and the Delaware State News newspapers in two column format, outlined in black by the following dates:
Thursday, March 22, 2018 (Delaware State News)
In addition, the Secretary shall forward a copy of such notice to the Delaware Registrar of Regulations requesting that the notice be published in the April, 2018 edition of the Delaware Register of Regulations. The Secretary shall promptly file proof of such newspaper publication in the record of this proceeding.
BY ORDER OF THE COMMISSION:
"Applicant" means a person or entity seeking to obtain an Electric Transmission Supplier Certificate.
"Business Day" means any calendar day except Saturdays, Sundays, or legal holidays as defined in 1 Del.C. §501.
"Commission" means the Delaware Public Service Commission.
"Delmarva" or "DPL" means Delmarva Power & Light Company or its successor(s).
"DPA" means the Delaware Division of the Public Advocate.
"Electric Transmission Facility" or "Transmission facility" means electric facilities that are located in Delaware, including those in offshore waters and integrated with onshore electric facilities, and owned by a public utility that operate at voltages above 34,500 volts, and used to transmit and deliver electricity to customers, including any customers taking electric service under interruptible rate schedules as of December 31, 1998, up through and including the point of physical connection with electric facilities owned by DPL.
"Electric Transmission Supplier Certificate" means a certificate of public convenience and necessity under 26 Del.C. §203E granted by the Commission to an Applicant which fulfilled the Commission's certification requirements and which authorizes the Applicant to construct, operate, own and maintain transmission facilities. The Commission Order approving an Applicant's application for certification as an Electric Transmission Utility shall serve as the Electric Transmission Supplier Certificate.
"Electric Transmission Utility" means a person or entity granted an Electric Transmission Supplier Certificate by the Commission, or otherwise exempt under 26 Del.C. §203A(a)(3), which owns and/or physically operates an Electric Transmission Facility in Delaware.
"Person" means a natural person, a corporation, partnership, association, public trust, joint stock company, joint venture, or other group of persons, whether incorporated or not; a trustee or receiver of the foregoing; a municipality or other political subdivision of the State of Delaware; and any other governmental agency or any officer, agent, or employee of such agency.
"PJM Interconnection, L.L.C." or "PJM" means the Regional Transmission Organization ("RTO") with functional control over Electric Transmission Facilities throughout a multi-state area including Delaware, or its successor(s).
"Public Utility" means every individual, partnership, association, corporation, joint stock company, agency or department of the State or any association of individuals engaged in the prosecution in common of a productive enterprise (commonly called a "cooperative"), their lessees, trustees or receivers appointed by any court whatsoever, that now operates or hereafter may operate for public use within this state, (however, electric cooperatives shall not be permitted directly or through an affiliate to engage in the production, sale, or distribution of propane gas or heating oil), any natural gas, electric (excluding electric suppliers as defined in §1001 of this title), water, wastewater (which shall include sanitary sewer charge), telecommunications, (excluding telephone services provided by cellular technology or by domestic public land mobile radio service) service, system, plant or equipment.
"Regional Transmission Expansion Plan" or "RTEP" means the process by which PJM approves new transmission projects.
"Regulations" means the Commission's Regulations for Certification of an Electric Transmission Utility. (26 DE Admin. Code 3011, et seq.)
"Secretary" means the Secretary of the Commission, or any employee of the Commission designated as such by the Secretary and authorized by the Executive Director.
"Staff" means full-time professional employees of, and outside counsel and consultants retained by, the Commission who render advice to the Commission.
"State" means the State of Delaware.
2.2 Certification Requirement. All Applicants shall file with the Commission an original and five (5) copies of an application for an Electric Transmission Supplier Certificate or comply with the electronic filing requirements of 26 DE Admin. Code 1001. Such application shall contain all the information and exhibits hereinafter required and may contain such additional information as the Applicant deems appropriate to demonstrate to the Commission that it possesses the technical, financial, managerial, and operational ability to adequately serve the public consistent with applicable State laws. Applications shall contain at least the following information:
2.2.4 Registered Agent. The name and post office address of a Registered Agent, pursuant to 26 Del.C. §401, within the State upon whom service of any notice, order or process may be made;

1
HB 127 amends 26 Del.C. §1001(26) as follows: "Transmission facilities'' means electric facilities located in Delaware, including those in offshore waters and integrated with onshore electric facilities, and owned by a public utility that operate at voltages above 34,500 volts and that are used to transmit and deliver electricity to customers (including any customers taking electric service under interruptible rate schedules as of December 31, 1998) up through and including the point of physical connection with electric facilities owned by the customer. (Underlined language shows insertion amendment).

2

Last Updated: December 31 1969 19:00:00.
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