Calendar of Events/Hearing Notices
CALENDAR
February 2006
NOTICE OF PUBLIC HEARING
The Delaware River Basin Commission will hold a public hearing and business meeting on Wednesday, March 1, 2006 at 10:15 a.m. at the Commissioner’s office, 25 State Police Driver, West Trenton, New Jersey. For more information contact Pamela M. Bush, Esq., Commission Secretary and Assistant General Counsel, at 609-883-9500 extension 203.
DEPARTMENT OF EDUCATION
The State Board of Education will hold its monthly meeting on Thursday, February 16, 2006 at 1:00 p.m. in the Townsend Building, Dover, Delaware.
department of natural resources and environmental control
NOTICE OF PUBLIC HEARING
Notification of Revised Program Regulations for the Green Energy Fund
Pursuant to Title 29 Delaware Code, Chapter 80, Section 8055, the Secretary is required to promulgate rules and regulations necessary to establish the administration of the Green Energy Fund.
The proposed modification to the Green Energy Fund Program Regulation will be available on the DNREC Website at www.dnrec.state.de.us under “Delaware Energy Office” and will also be available at the Energy Office web site, www.delaware-energy.com.
Comments will be accepted by the Delaware Energy Office, 146 South Governors Avenue, Dover, DE 19901 via e-mail to charlie.smisson@state.de.us, or fax to 302-739-1527 during the comment period of 2/01/2006 to 3/01/2006.
A Public Hearing has been scheduled at the Delaware Energy Office, 146 South Governors Avenue, Dover, DE 19901 for 6:00 p.m. on March 1, 2006.
Division of Fish and Wildlife
NOTICE OF PUBLIC HEARING
Title of the Regulations:
Tidal Finfish Regulations
Brief Synopsis of the Subject, Substance and Issues:
The Atlantic States Marine Fisheries Commission’s Summer Flounder, Scup and Black Sea Bass Management Board adopted a compliance requirement stipulating that all states in the management regime (Massachusetts through North Carolina) for Black Sea Bass include language in their regulations that clarify the methodology to be used when measuring Black Sea Bass for minimum size determinations. Specifically, each state is required to include language in total length definitions for Black Sea Bass that exclude any caudal filament as part of the measurement. It is proposed to amend tidal finfish regulation No. 3507 (1) and (2) in order to include language regarding the caudal filament.
The Summer Flounder Fishery Management Plan (FMP) details the annual process that the Summer Flounder Fishery Management Board, the Mid-Atlantic Management Council and the National Marine Fisheries Service are to use to establish conservation equivalency for the recreational summer flounder fishery. These agencies agreed that the states would implement conservationally equivalent measures rather than a coastwide management program for summer flounder in 2006. Delaware is obligated to cap the summer flounder recreational harvest at 116,000 fish for 2006. The harvest cap has been adjusted downward 22 percent from the previous year’s level of 150, 000 fish because of slower than projected rebuilding in the stock. Although Delaware and all the coastal states in the management regime must adjust their harvest cap downward, estimates of the Delaware 2005 harvest indicated that landings of summer flounder were 29 percent below the adjusted cap imposed for 2006. As such, it is anticipated that management measurers for summer flounder in 2006 can be liberalized and still restrain the harvest below the cap target. It is proposed that a suite of management options will be developed that take into consideration the relatively low landings projected for 2005 and adjust the options that were presented in the previous years to reflect 29 percent liberalization in the harvest. These options will include potential minimum size limits ranging between 16.5 and 17.5 inches in combination with various creel limits that can range from 2 to 8 fish per day and also incorporate seasonal closures, if necessary, to restrain the harvest within the 2006 cap. These management options will be reviewed by the ASMFC Summer Flounder Technical Committee to determine if the correct data sets and analyses were used to project landings under the various options. Once the technical review is completed, those options that were approved will be presented at a public hearing in order to receive input from the fishing community on the various options.
Notice of Public Comment:
Individuals may present their comments or request additional information by contacting the Fisheries Section, Division of Fish and Wildlife, 89 Kings Highway, Dover, DE 19901, (302) 739-9914. A public hearing on these proposed amendments will be held on March 9, 2006 at 7:30 P.M. in the DNREC Auditorium, 89 Kings Highway, Dover, DE 19901. The record will remain open for written comments until 4:30 PM, March 10, 2006.
department of state
300 Board of Architecture
NOTICE OF PUBLIC HEARING
The Delaware Board of Architecture in accordance with 24 Del.C. §306 has proposed changes to its rules and regulations to clarify the late renewal process for continuing education requirements.
A public hearing will be held on March 1, 2006 at 1:30 p.m. in the second floor conference room B of the Cannon Building, 861 Silver Lake Boulevard, Dover, Delaware where members of the public can offer comments. Anyone wishing to receive a copy of the proposed rules and regulations may obtain a copy from the Delaware Board of Landscape Architecture, 861 Silver Lake Blvd, Cannon Building, Suite 203, Dover DE 19904. Persons wishing to submit written comments may forward these to the Board at the above address. The final date to receive written comments will be at the public hearing.
The Board will consider promulgating the proposed regulations at its regularly scheduled meeting following the public hearing.
Pursuant to 29 Del.C. Section 10115 the Delaware Board of Architects is proposing to revise its Rules and Regulations in order to clarify the late renewal process for continuing education requirements. The proposed changes delete the existing Section 6.5 of the Board’s Regulations in their entirety.
Division of Professional Regulation
NOTICE OF PUBLIC HEARING
The State Board of Occupational Therapy Practice in accordance with 24 Del.C. §2006(a)(1) has proposed changes to its rules and regulations related to the online renewal and continuing education.
A public hearing will be held at 4:30 p.m. on March 15, 2006 in the second floor conference room A of the Cannon Building, 861 Silver Lake Boulevard, Dover, Delaware where members of the public can offer comments. Anyone wishing to receive a copy of the proposed rules and regulations may obtain a copy from the State Board of Occupational Therapy Practice, 861 Silver Lake Blvd, Cannon Building, Suite 203, Dover, DE 19904. Persons wishing to submit written comments may forward these to the Board at the above address. The final date to receive written comments will be at the public hearing.
The Board will consider promulgating the proposed regulations at its regularly scheduled meeting following the public hearing.
PUBLIC SERVICE COMMISSION
NOTICE OF PUBLIC HEARING
On May 14, 2003, the Division of the Public Advocate (“DPA”) filed a petition with the Public Service Commission (“PSC" or "Commission”) asking the Commission to make revisions and amendments to its regulations concerning the Terms and Conditions Under Which Water Utilities Require Advances and/or Contributions In-Aid-Of Construction From Customers or Developers and the Proper Ratemaking Treatment for Such Contributions and Advances (“the Regulations”). These Regulations were originally adopted in PSC Order No. 2928 (Mar. 15, 1988) and revised in PSC Order No. 4310 (Sept. 24, 1996).
In PSC Order No. 6198 (June 16, 2003), the Commission accepted the DPA’s petition to reopen those earlier regulations. In PSC Order No. 6538 (December 7, 2004), the Commission issued a revised set of regulations for public comment and designated a Hearing Examiner to conduct further proceedings. On November 18, 2005, the Hearing Examiner issued a written report with revised regulations that were proposed for adoption by the Commission. On December 20, 2005, the Commission voted to adopt the Hearing Examiner's Report and publish the revised regulations for further public comment.
The revised regulations address the following: (a) the definitions of Contributions In-Aid-Of Construction (“CIAC"), Advances, Facilities Extension, and New Services; (b) the computation of CIAC, including costs categories; (c) the nature of advances; (d) refunds of advances; (e) the ratemaking treatment of advances; (f) the gross-up of CIAC; (g) the ratemaking treatment of CIAC; (h) the true-up of CIAC and advances; (i) that the regulations apply only to Class A water utilities; (j) that the regulations will only have prospective application; and (k) matters necessarily related to the foregoing. The Commission proposes that its Order promulgating the final version of the new regulations will provide that the regulations (and the related docket) will be reopened two years from the effective date of the new regulations to review the new rate-making methodology, and to assess its effectiveness, the CIAC computation, and related costs categories. After such review and assessment, the Commission may, if deemed appropriate, consider further modifications of the regulations.
Copies of the present Regulations, the proposed regulations, and the DPA’s petition to reopen are available for public inspection at the Commission’s address set out below during normal business hours.
The Commission has authority to promulgate the regulations pursuant to 26 Del.C. §209(a) and 29 Del.C. §10111 et seq.
The Commission hereby solicits written comments, suggestions, and compilations of data, briefs, or other written materials concerning the proposed regulations. Ten (10) copies of such materials shall be filed with the Commission at its office located at 861 Silver Lake Boulevard, Cannon Building, Suite 100, Dover, Delaware, 19904. All such materials shall be filed with the Commission on or before March 3, 2006. Persons who wish to participate in the proceedings, but who do not wish to file written materials, are asked to send a letter informing the Commission of their intention to participate on or before March 3, 2006. The Commission will hold a public hearing to consider the proposed regulations on March 14, 2006 at 1:00 PM at its Dover office identified above.
The proposed regulations and the materials submitted in connection therewith will be available for public inspection and copying at the Commission's Dover office during normal business hours. The fee for copying is $0.25 per page. The regulations may also be reviewed, by appointment during normal business hours, at the office of the Division of the Public Advocate located at the Carvel State Office Building, 4th Floor, 820 North French Street, Wilmington, Delaware 19801, and will also be available for review on the Commission's website: www.state.de.us/delpsc.
Any individual with disabilities who wishes to participate in these proceedings should contact the Commission to discuss any auxiliary aids or services needed to facilitate such review or participation. Such contact may be in person, by writing, by telephone, or otherwise. The Commission's toll-free telephone number (in Delaware) is (800) 282-8574. Any person with questions may also contact the Commission Staff at (302) 739-4247 or by Text Telephone at (302) 739-4333. Inquiries can also be sent by Internet e-mail to karen.nickerson@state.de.us.
PUBLIC SERVICE COMMISSION
PUBLIC NOTICE OF PROPOSED RULES
In PSC Order No. 5933 (Apr. 16, 2002), the Commission felt that it might be prudent to explore whether the Commission should adopt specific rules governing what actions are, or are not, permissible in the case of an alleged breach of the terms of an interconnection agreement and what procedures, including notice to the Commission and Commission approval, might have to precede any such actions. The premise for such rules would be to ensure that consumers not suffer the consequences of contractual disputes between carriers and find themselves disconnected or limited in their choices. Therefore, the Commission opened Regulation Docket No. 52.
Staff has developed rules to address the Commission’s concerns by instructing telecommunications carriers that during disputes between carriers, the companies cannot terminate or suspend service which would affect Delaware consumers and instructing telecommunications carriers who want to abandon service of the process of informing customers and relevant parties before terminating service.
The text of these proposed rules are attached to PSC Order No. 6801. That Order and the exhibits are reproduced in the February 2006 edition of the Delaware Register of Regulations. The Order and exhibits can also be reviewed on-line at the PSC’s website at www.state.de.us/delpsc. You can also obtain a paper copy of the Order at the PSC’s Dover office. Those paper copies will cost $0.25 per page.
You can file written comments, suggestions, briefs, compilations of data, or other materials concerning these proposed amendments to the Telecom Rules. Such material (10 copies) must be submitted to the Commission on or before Friday, March 3, 2006. Send the material to the Commission’s Dover office at the following address:
Delaware Public Service Commission
861 Silver Lake Boulevard
Cannon Building
Suite 100
Dover, Delaware, 19904
Attn: PSC Reg. Dckt. No. 52
In addition, the PSC will conduct a public hearing on these proposed changes on Wednesday, March 22, 2006, beginning at 10:00 AM. The hearing will take place in the Commission’s Office located at the address denoted above. You may also submit additional materials then.
If you are handicapped and need assistance or aids in participating in this matter, please contact the PSC to discuss the needed assistance or aids. You can contact the PSC with questions or requests about this matter at the Commission's toll-free telephone number (800) 282-8574 (Delaware only) or (302) 739-4333 (including text telephone). You can also send inquiries by Internet e-mail addressed to karen.knickerson@state.de.us.
department of transportation
Division of Motor Vehicles
NOTICE OF PUBLIC COMMENT PERIOD
The Delaware Department of Transportation Division of Motor Vehicles, pursuant to 21 Del.C. §302 and 29 Del.C. Chapter 101, Subchapter II, proposes to repeal thirty-three rules and regulations previously enforced by the Division, and described in detail below this notice. The repeals are proposed because these rules and regulations are either obsolete under later-enacted state or federal laws, or have already become part of state law. Written comments concerning this proposed repeal should be sent by March 2, 2006 to Jack Eanes, Chief of Operations, Division of Motor Vehicles, 303 Transportation Circle, P.O. Box 698, Dover, Delaware 19903.
