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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsAugust 2014

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26 DE Admin. Code 1001
AND NOW, this 8th day of July, 2014, the Delaware Public Service Commission (“Commission”) determines and orders the following:
WHEREAS, by Order No. 8232 (October 9, 2012), the Commission reopened Regulation Docket No. 99-9 to review and amend the “Rules of Practice and Procedure of the Delaware Public Service Commission,” 26 DE Admin. Code §1001 et seq. (the “Rules”); and
WHEREAS, the Commission has jurisdiction over this matter pursuant to 26 Del.C. §§201(a) and 209(a)(1); and
WHEREAS, the Rules require amendment to update provisions regarding the Commission’s new electronic filing system (the “Amendments”); and
WHEREAS, pursuant to 29 Del.C. §§10102(9) and 10113(b)(2), because the Amendments are strictly procedural and statutorily exempt from formal notice requirements and because they are not substantive amendments which would otherwise require publication and a public comment period pursuant to §§ 10114 – 10118 of the APA;
NOW, THEREFORE, IT IS ORDERED BY THE AFFIRMATIVE VOTE OF NOT FEWER THAN THREE COMMISSIONERS:
1. Pursuant to 29 Del.C. §§10102(9) and 10113(b)(2), decretal paragraphs 2 and 3 of Order No. 8232 are hereby waived.
2. Pursuant to 26 Del.C. §209(a) and 29 Del.C. §10113(b)(2), the Commission hereby adopts the Amended Rules of Practice and Procedure of the Delaware Public Service Commission (the “Amended Rules”) as official regulations as defined by 29 Del.C. §1132. A true and correct copy of the redlined version reflecting the changes as between the current Rules and the Amended Rules is attached as Exhibit “A”. A clean version of the Amended Rules reflecting the changes is attached as Exhibit “B”.
3. Pursuant to 26 Del.C. §§10113 and 10118, the Secretary of the Commission shall transmit a copy of this Order (with the attached Amended Rules) to the Registrar of Regulations for publication in the Delaware Register. An exact copy of the Amended Rules shall be published as the current official regulations in the Delaware Register.
Application” - means a document in which a person seeks a certification, permit, license, or other approval, ruling or authorization from the Commission.
Complaint” ‑ means a formal or informal document or communication in which a person alleges that a person subject to the jurisdiction of the Commission has violated a statute, rule, regulation, or order within the Commission’s authority to enforce.
Commission” - means the Public Service Commission of Delaware.
"E-Filing" means, on and after November 4, 2013, all Filings filings made by a person with the Commission shall be filed electronically utilizing the "DelaFile" document management system available through the Commission website at http://depsc.delaware.gov.
Filing” - means any document submitted to the Commission as part of the Commission’s official records in any proceeding.
Hearing Examiner” - means a person assigned by the Commission to preside over a Commission proceeding and, thereafter, to prepare a report with recommendations for the Commission’s consideration.
Intervenor” ‑ means a person who is admitted as a party pursuant to Rule 21 of these rules.
Party” ‑ means a person who, as a matter of right or by Commission authorization, appears in and has a direct interest in a proceeding before the Commission.
Person” ‑ includes 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.
Petition” ‑ means a request for relief which is not an application or complaint.
Presiding Officer” - means a Commissioner designated by the Commission to preside over a proceeding and to prepare a report, with recommendations, for the Commission’s consideration.
Proceeding” ‑ means any matter assigned a docket number by the Secretary.
Proof of Public Notice” ‑ means a certificate or affidavit reciting the date and manner notice was given to the public as may be required by statute, rule, or order.
Proof of Service” ‑ means a certificate or affidavit reciting the date and manner of service upon the parties to a proceeding.
Respondent” ‑ means a public utility or other person named as the subject of an investigation or complaint proceeding.
Secretary” - means the Secretary of the Commission, or any employee of the Commission designated by the Secretary and authorized by the Executive Director.
Staff” - means full-time professional employees of, and outside counsel and consultants retained by, the Public Service Commission who render advice to the Commission. The Staff may participate in any Commission proceeding and may advocate particular positions concerning the issues raised in such proceeding and file supporting material and testimony for the Commission’s consideration.
1.6.3 Unless otherwise directed by the Commission, designated Presiding Officer or Hearing Examiner If E-Filing is not an available option, an original and ten (10) copies of all documents submitted for paper filing shall be provided to the Secretary, who unless otherwise directed by the Commission, designated Presiding Officer or Hearing Examiner. The Secretary may request additional copies when necessary.
1.6.4 With prior approval of the Commission, its Executive Director, the designated Hearing Examiner or Presiding Officer, All filings may shall be made by electronic medium via E-Filing unless a person obtains prior written permission from the Commission, designated Presiding Officer, or Hearing Examiner to be excused from using such method. If E-Filing is unavailable for use, paper filings must be made in accordance with these Rules.
1.6.5 The Commission shall forward to the Public Advocate a copy of all applications submitted by public utilities and all formal complaints and petitions filed with the Commission, along with proof of a notice to be executed and returned with an acknowledged receipt pursuant to 29 Del.C. §8808 (e). One copy of all initial filings and comments shall be served on the Division of the Public Advocate at its official address and a certificate of service indicating such service must accompany the filing with the Secretary.
1.7.4 Except as directed by the Commission, designated Presiding Officer or Hearing Examiner, all paper filings shall be on 8 1/2 inch by 11 inch sized paper with margins of at least one inch using type size no smaller than 12 pitch font.
2.1.2 Attorneys who are not members of the Delaware Bar may be permitted to appear pro hac vice before the Commission in accordance with Rule 72 of the Rules of the Supreme Court of Delaware. A motion for such admission shall be made by a member of Delaware Bar in a form complying with Official Form O of the Rules of the Delaware Supreme Court and shall be accompanied with the required fees. A separate motion for such admission must be made in each matter before the Commission. The member of the Delaware Bar moving such admission shall remain responsible for compliance with any rule or order of the Commission.
2.13.1 The Commission may consider the Delaware Uniform Rules of Evidence as a guide but, in accordance with 26 Del.C. § 503 and 29 Del.C. §10125, shall not be bound by the technical rules of evidence.
2.18.1 In accordance with 29 Del.C. Chapter 101, upon the completion of a proceeding, the Hearing Examiner or Presiding Officer shall prepare and submit to the Commission a report and recommendations which shall include a summary of the evidence, recommended findings of fact, recommended conclusions and the reasons therefor.
Last Updated: December 31 1969 19:00:00.
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