Public Service Commission
PUBLIC NOTICE
The Creation of a Competitive Market for Retail Electric Supply Service
ORDER NO. 7326
This 4th day of December, 2007, the Commission determines and Orders the following:
1. By PSC Order No. 7252 (Aug. 21, 2007), this Commission re-opened the captioned docket and directed Commission Staff to review the July 2007 statutory amendments to 26 Del.C. §1014 regarding an electric utility’s “net metering” obligations and report back with proposed revisions to § 8 of the Commission’s Rules for Certification and Regulation of Electric Suppliers (“Electric Supplier Rules”) relating to such obligations.
2. By Memorandum dated November 26, 2007, Staff identified several complex provisions from the statutory amendments that require interpretation including the definition of “NEG” (likely “net excess generation”), the treatment of Renewable Energy Credits (“RECs”) associated with NEG, and the payment obligations arising from a supplier’s transfer of excess RECs to the Green Energy Fund, all under 26 Del.C. §1014(e)(1), as amended. With its Memorandum, Staff proposed certain revisions to § 8 of the Commission’s Electric Supplier Rules to reflect its interpretation of the changes to the statutory “net metering” requirements.
Now, therefore, IT IS ORDERED:
1. That, for the reasons set forth in the body of this Order, and pursuant to 26 Del.C. §§362 and 1014(d) and 29 Del.C. §10115, the Commission proposes to revise the “Net Energy Metering” provisions of its Rules for Certification and Regulation of Electric Suppliers, originally adopted by PSC Order No. 5207 (Aug. 31, 1999) and revised by PSC Orders Nos. 7023 (Sept. 5, 2006) and 7078 (Nov. 21, 2006). A copy of the redlined version of the “Net Energy Metering” rules (i.e., § 8) is appended as Exhibit “A” to this Order.
2. That, pursuant to 29 Del.C. §§1133 and 10115(a), the Secretary shall transmit to the Registrar of Regulations for publication in the Delaware Register of Regulations a copy of this Order; a copy of the redlined version of § 8 of the Rules for Certification and Regulation of Electric Suppliers (Exhibit “A”); and the Notice of Proposed Rule-Making, attached hereto as Exhibit “B.” In addition, the Secretary shall cause such Notice of Proposed Rule-Making to be published in The News Journal and the Delaware State News newspapers on January 3, 2008. The Secretary shall include proof of such publication in the docket file before the public hearing in this matter. Further, the Secretary shall serve (by regular mail or by electronic e-mail) a copy of such Notice on: (a) the Division of the Public Advocate; (b) the State Energy Office; (c) Delmarva Power & Light Company; (d) Delaware Electric Cooperative, Inc.; (e) all certificated electric suppliers; and (f) each person or entity who has made a timely request for advance notice of regulation-making proceedings. The Secretary shall also post an electronic version of this Order on the Commission’s website under an appropriate heading.
3. That, pursuant to 29 Del.C. §§10115(a) and 10116, persons or entities may file written comments, suggestions, compilations of data, briefs, or other written materials, on or before February 6, 2008. Pursuant to 29 Del.C. §10117, the Commission will conduct a public hearing on the proposed revisions to § 8 of the Rules for Certification and Regulation of Electric Suppliers on March 25, 2008 beginning at 10:00 AM at the Commission’s office at 861 Silver Lake Boulevard, Cannon Building, Suite 100, Dover, Delaware.
4. That, pursuant to 26 Del.C. §502 and 29 Del.C. §10116, Senior Hearing Examiner Ruth Ann Price is designated to supervise the comment period and to conduct the public hearing. Thereafter, Hearing Examiner Price shall organize, classify, and summarize the materials and comments and file a Report with the Commission with her recommendations concerning the proposed revisions to §8 of the Rules for Certification and Regulation of Electric Suppliers. Hearing Examiner Price is specifically delegated the power, under 26 Del.C. §102A, to determine the content and manner of any further public notices that might be necessary or appropriate. Hearing Examiner Price may also conduct further proceedings, including additional hearings, as may be necessary or appropriate.
5. That William F. O’Brien, Deputy Attorney General, is designated Staff Counsel for this matter.
6. That, pursuant to 26 Del.C. §§114 and 1012(c)(2), all electric suppliers and electric public utilities are hereby notified that they may be charged the costs of this proceeding.
7. The Commission reserves the jurisdiction and authority to enter such further Orders in this matter as may be deemed necessary or proper.
BY ORDER OF THE COMMISSION:
Arnetta McRae, Chair
Joann T. Conaway, Commissioner
Jaymes B. Lester, Commissioner
Dallas Winslow, Commissioner
Jeffrey J. Clark, Commissioner
ATTEST:
Karen J. Nickerson, Secretary
NOTICE OF PROPOSED RULE-MAKING TO AMEND “NET ENERGY METERING” PROVISIONS OF ELECTRIC SUPPLIER RULES
TO: ALL RETAIL ELECTRIC SUPPLIERS IN DELAWARE, ALL DELAWARE RETAIL ELECTRIC
CUSTOMERS WHO GENERATE ELECTRICITY AND OTHER INTERESTED PERSONS
Since 1999, Commission-jurisdictional electric utilities and electric suppliers have been obligated to permit residential and smaller commercial customers to use limited capacity generators (powered by renewable resources) to “net meter” their electric production and consumption. See Rules for Certification and Regulation of Electric Suppliers (“Electric Supplier Rules”), § 8.0 (adopted by PSC Orders Nos. 7023 (Sept. 5, 2006) & 7078 (Nov. 21, 2006)).
In July of 2007, the General Assembly expanded that statutory command: (a) to widen the customer classes eligible for net metering; (b) to increase permissible generator capacities for these additional classes of eligible customers; (c) to more particularly define the types of renewable generation eligible for net metering; and (d) to expand the “net metering” obligation beyond Commission-jurisdictional utilities. See 76 Del. Laws ch. 164 §§1-3 (July 24, 2007), amending 26 Del.C. §1014.
As a result of these statutory changes, the Commission now proposes changes to the “net metering” section of its Electric Supplier Rules. You can review the proposed amendments at the Commission’s office in Dover at the address below (and obtain copies for $0.25 per page) or visit the Commission’s Internet website located at http://depsc.delaware.gov, under PSC Order No. 7326 (Dec. 4, 2007). You can also review PSC Order No. 7326 and the proposed amendments in the January 2008 issue of the Delaware Register of Regulations.
The PSC now solicits comments, suggestions, compilations of data, briefs, or other written materials concerning the proposed revisions to its “net metering” rules. If you wish to file any such materials, you should submit an original and ten copies of such written documents on or before Wednesday, February 6, 2008. You should file such materials with the PSC at the following address:
Public Service Commission
861 Silver Lake Boulevard
Cannon Building
Suite 100
Dover, Delaware, 19904
Attn: Reg. Dckt. No. 49
If possible, you should accompany such written comments with an electronic version of the submission. Such electronic copy may be filed on a copy-capable CD-Rom disk or sent as an attachment to an Internet e-mail addressed to karen.nickerson@state.de.us.
A Commission Hearing Examiner will conduct an Evidentiary Hearing to consider the proposed amendments and to receive comment and evidence concerning it on Tuesday, March 25, 2008 at 10:00 a.m. at the address for the Commission listed above. The Commission will make its decision to adopt, reject, or adopt with modification, the proposed “net metering” amendments on the basis of the evidence and information presented of record in this docket. The Commission is authorized to promulgate the proposed amendments under 26 Del.C. §§362 and 1014(d).
If you have questions about this proceeding, you can contact the Commission at 1-800-282-8574 (in Delaware only) or (302) 736-7500 (text telephone available). You can also send inquiries by Internet e-mail addressed to funmi.jegede@state.de.us. If you are disabled and need assistance to be able to participate, please contact the Commission to make arrangements for such assistance.
Public Service Commission
PUBLIC NOTICE
Integrated Resource Planning for the Provision of Standard Offer Service by Delmarva Power & Light Company
ORDER NO. 7318
This 4th day of December, 2007, the Commission determines and Orders the following:
1. In Order No. 7263 (Aug. 21, 2007), the Commission opened this docket to consider promulgating rules that will govern Delmarva Power & Light Company’s (“DP&L”) development of integrated resource plans, or IRPs, for its Standard Offer Service (“SOS”) customers, as authorized by the Electric Utility Retail Customer Supply Act of 2006 (“the Act”). Pursuant to that Order, the Commission Staff drafted proposed IRP rules after consulting with the parties in DP&L’s ongoing IRP docket (PSC Dckt. No. 07-20) and with the three state agencies involved in DP&L’s IRP process. On November 14, 2007, Staff submitted a set of proposed rules entitled “Integrated Resource Planning Regulation.”
2. By this Order, the Commission accepts Staff’s draft rules and initiates the formal rule-making procedure dictated by the Administrative Procedures Act.
Now, therefore, IT IS ORDERED:
1. That, for the reasons set forth in the body of this Order, and pursuant to 26 Del.C. §1007(c)(1)c and 29 Del.C. §10115, the Commission promulgates a proposed Integrated Resource Planning Regulation, a copy of which is appended as Exhibit “A” to this Order.
2. That, pursuant to 29 Del.C. §§1133 and 10115(a), the Secretary shall transmit to the Registrar of Regulations for publication in the Delaware Register of Regulations a copy of this Order and a copy of the “Integrated Resource Planning Regulation” now being proposed for adoption (Exhibit “A”).
3. That, in addition, the Secretary shall transmit the Notice of Proposed Rule-Making, attached as Exhibit “B,” to the Registrar of Regulations for publication in the Delaware Register of Regulations. The Secretary also shall cause such Notice of Proposed Rule-Making to be published in The News Journal and the Delaware State News newspapers on December 19, 2007. The Secretary shall include proof of such publication in the docket file before the public hearing in this matter. Further, the Secretary shall serve (by regular mail or by electronic e-mail) a copy of such Notice on the service list already established in this docket and each person or entity who has made a timely request for advance notice of regulation-making proceedings.
4. That, pursuant to 29 Del.C. §§10115(a) and 10116, persons or entities may file written comments, suggestions, compilations of data, briefs, or other written materials, on or before February 1, 2008. Pursuant to 29 Del.C. §10117, the Commission will conduct a public hearing on the proposed “Integrated Resource Planning Regulation” on Wednesday, March 12, 2008 beginning at 10:00 AM at the Commission’s office at 861 Silver Lake Boulevard, Cannon Building, Suite 100, Dover, Delaware.
5. The Commission reserves the jurisdiction and authority to enter such further Orders in this matter as may be deemed necessary or proper.
BY ORDER OF THE COMMISSION:
Arnetta McRae, Chair
Joann T. Conaway, Commissioner
Jaymes B. Lester, Commissioner
Dallas Winslow, Commissioner
Jeffrey J. Clark, Commissioner
ATTEST:
Karen J. Nickerson, Secretary
NOTICE OF PROPOSED RULE-MAKING TO ADOPT AN “INTEGRATED RESOURCE PLANNING REGULATION”
TO: ALL STANDARD OFFER SERVICE RETAIL CUSTOMERS OF DELMARVA POWER & LIGHT COMPANY
AND OTHER INTERESTED PERSONS
In 2006, the General Assembly and Governor enacted the “Electric Utility Retail Customer Supply Act,” 75 Del. Laws. Ch. 242 § 6 (Apr. 6, 2006). The Act required Delmarva Power & Light Company (“DP&L”) to submit an Integrated Resource Plan (“IRP”) with the Public Service Commission (“the Commission”), the Controller General, the Director of the Office of Management and Budget, and the State Energy Office (collectively “the State Agencies”). The IRP is a document that reflects the end result of an integrated resource planning process by DP&L during which it has systematically evaluated all actions or options for procuring, creating, or load-managing electric supply to meet, at minimal cost, the needs of its Standard Offer Service (“SOS”) retail customers over a ten-year planning period. DP&L filed its initial IRP with the State Agencies on December 1, 2006.
The Commission now proposes an “Integrated Resource Planning Regulation” to govern DP&L’s IRP process pursuant to the Act. You can review the proposed regulation at the Commission’s office in Dover at the address below or at the Commission’s Internet website located at http://depsc.delaware.gov, under PSC Order No. 7318. If you wish to submit comments on the proposed regulation, you must file such comments with the Commission on or before Tuesday, February 1, 2008.
A Commission Hearing Examiner will conduct an Evidentiary Hearing to consider the proposed regulation and to receive comment and evidence concerning it on Wednesday, March 12, 2008 at 10:00 a.m. at the address for the Commission listed below. The Commission will make its decision to adopt, reject, or adopt with modification, the proposed IRP regulation on the basis of the evidence and information presented of record in this docket. The Commission is authorized to make rules to accomplish the development of IRPs by DP&L under 26 Del.C. §1007(c)(1)c.
You should file written comments with the Commission at the following address:
Delaware Public Service Commission
861 Silver Lake Boulevard
Cannon Building, Suite 100
Dover, Delaware 19904
Attn: PSC Reg. Dckt. No. 60
If you have questions about this proceeding, you can contact the Commission at 1-800-282-8574 (in Delaware only) or (302) 736-7500 (text telephone available). You can also send inquiries by Internet e-mail addressed to pamela.knotts@state.de.us. If you are disabled and need assistance to be able to participate, please contact the Commission to make arrangements for such assistance.