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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsJanuary 2016

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26 DE Admin. Code 3001
IN THE MATTER OF THE ADOPTION OF RULES AND REGULATIONS TO IMPLEMENT THE PROVISIONS OF 26 DEL. C. CH. 10 RELATING TO THE CREATION OF A COMPETITIVE MARKET FOR RETAIL ELECTRIC SUPPLY SERVICE (OPENED APRIL 27, 1999; RE-OPENED JANUARY 7, 2003; RE-OPENED SEPTEMBER 22, 2009; RE-OPENED SEPTEMBER 7, 2010; RE-OPENED JULY 17, 2012)
In 1999 the Delaware Public Service Commission (“PSC”) has promulgated certain regulations pertaining to certification of electric suppliers in 26 Del. Admin. C. §3001, now entitled “Rules for Certification and Regulation of Electric Suppliers (“Supplier Rules”). The PSC has revised the Supplier Rules several times since then.
The Commission encourages the public to submit written comments on or before February 1, 2016, but the last date to submit written comments will be on February 8, 2016.
The PSC will also conduct a public evidentiary hearing on the new proposed regulations on February 23, 2016 at 1:00 P.M. at the PSC’ s office at the address set forth above.
You may review PSC Order No. 8830 (December 15, 2015) (the “Order”) and the proposed revised Supplier Rules in the January 2016 issue of the Delaware Register of Regulations. You may also review the Order and the proposed revised Supplier Rules at the PSC’s website located at https://delafile.delaware.gov/ .
If you would like to review documents at the Commission’s offices, please contact Ashley Lyon at ashley.lyon@state.de.us to arrange a time for your review. You may also review copies of these documents at the Wilmington office of the Division of the Public Advocate located at the Carvel State Office Building, 4th Floor, 820 North French Street, Wilmington, Delaware 19801 or the Dover office located at 29 S. State Street, Dover, DE 19901. Please call the Wilmington office at (302) 577-5077 or the Dover office at (302) 241-2555 to arrange for a time to review the documents at that location.
If you wish to request copies of documents in this matter, please submit a Freedom of Information Act Request Form. This form may be found at http://sos.delaware.gov/foia_requests.shtml. The Commission will respond to your request in accordance with the provisions of the Freedom of Information Act, 29 Del.C. Ch. 100.
AND NOW, this 15th day of December 15, the Delaware Public Service Commission (the “Commission”) determines and orders the following:
WHEREAS, the Commission has promulgated certain regulations pertaining to certification of electric suppliers entitled “Rules for Certification and Regulation of Electric Suppliers.” See 26 Del. Admin. C. §3001 (the “Supplier Rules”); and
WHEREAS, the Supplier Rules have been amended several times since their original passage in 1999. (PSC Order Nos. 538 (Oct. 1, 1999), 7023 (Sept. 5, 2006), 7078 (Jan. 1, 2007), 7435 (Sept. 2, 2008) and 7984 (June 7, 2011); and
WHEREAS, by Order No. 8187 dated July 17, 2012,the Commission re-opened PSC Regulation Docket 49 to consider further revisions to the existing Supplier Rules set for the in 26 Del. Admin. C. §3001; and
WHEREAS, by Order No. 8424 dated July 30, 2013 and Order No. 8424 dated April 15, 2014, the Commission authorized the publication in the Delaware Register of Regulations of the proposed amendments to the Supplier Rules; and
WHEREAS, the Commission received several comments on the proposed amendments; and
WHEREAS, the Commission now proposes to modify the Supplier Rules to reflect the comments received; and
WHEREAS, the Commission believes that the proposed revised regulation should be published in the Delaware Register of Regulations to provide public notice of the rulemaking to develop final regulations;
2. That, pursuant to 29 Del. C. §§1133 and 10115(a), the Secretary shall transmit to the Registrar of Regulations for publication in the January 2016 Delaware Register of Regulations a copy of this Order; a copy of the Supplier Rules, showing the proposed changes (Exhibit “A”); a copy of the currently existing rules (Exhibit “B”); and a copy of the Notice of Proposed Rulemaking attached hereto as Exhibit “C”.
3. That the Secretary shall cause the Notice of Proposed Rulemaking attached as Exhibit “C” to be published in The News Journal and the Delaware State News newspapers on or before January 1, 2016. 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 mail) a copy of such Notice on: (a) the Division of the Public Advocate; (b) the Delaware Energy Office; (c) Delmarva Power & Light Company; (d) all members of the workgroup formed in accordance with PSC Order No. 8187; (h) 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, 2016. Pursuant to 29 Del.C. §10117, the Commission will conduct a public hearing on the proposed revisions to the Supplier Rules on Tuesday, February 23, 2016 beginning at 1:00 P.M. at the Commission’s office at 861 Silver Lake Boulevard, Cannon Building, Suite 100, Dover, Delaware.
5. That the Commission will defer for the time being referring this matter to a Hearing Examiner under 26 Del.C. §502 and 29 Del.C. §10116. Depending on the nature and extent of any comments received regarding the proposed revisions to the Supplier Rules, the Commission may then determine that it is necessary to appoint a Hearing Examiner.
6. That pursuant to 26 Del.C. §1012(c)(2), all electric suppliers and electric public utilities are hereby notified that they will be charged the costs incurred in connection with this proceeding under the provisions of 26 Del.C. §114(b)(1).
Effective: July 10, 2011 April 11, 2016
“Affiliated Interest” means:
1. Any pPerson or entity who owns directly, indirectly or through a chain of successive ownership, 10% or more of the voting securities of the Applicant;
2. Any pPerson or entity, 10% or more of whose voting securities are owned, directly or indirectly, by an affiliated interest as defined in 1 above; or
3. Any pPerson or entity, 10% or more of whose voting securities are owned, directly or indirectly, by the Applicant.
"Aggregator" means any pPerson or entity who contracts with an electric distribution company EDC, eElectric sSupplier or PJM Interconnection (or its successor) to provide energy services, which facilitate battery storage systems for Grid-Integrated Electric Vehicles and related technologies.
“Ancillary Services” means those services that are necessary to support for the transmission and distribution of capacity and energy electricity from resources supply sources to loads while and for maintaining reliable operation of the transmission and distribution system.
"Annualized Billing Period" means a period of 12 consecutive monthly billing periods. A Customer's first Annualized Billing Period begins on the first day of the first full monthly billing period after which the Customer-Generator Facility is interconnected with the EDC and is generating electricity. A customer may elect to change the end of the Annualized Billing Period one time in order to better utilize excess generation.
“Applicant” means:
aAn entity or pPerson seeking to obtain an Electric Supplier Certificate.; or
“Broker” means an entity or pPerson that acts as an agent or intermediary in the sale or purchase of, but that does not take title to, electricity for sale to Retail Electric Customers.
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
"Community-owned energy generating facility" or "Community Energy Facility" means a renewable energy generating facility that has Subscribers multiple owners or customers who share the energy production of the output of the generation Community Energy Facility, which may be located either as a stand-alone facility or behind the meter of a Subscriber participating customer. The Community-owned energy generating facility shall be interconnected to the distribution system and operated in parallel with an electric distribution company's transmission and distribution facilities. The Community Energy Facility shall:
Contract” means a legally binding document setting forth the Price(s) or Rate(s) for service(s), the terms and conditions under which the contract is applicable and for which the service is provided to the Customer.
“Cramming” means the prohibited practice of charging Customers for services that they have not ordered or have been sold in a deceptive manner such that the customer is not reasonably aware of the nature or price of the service for which he or she is being charged.
"Customer" or "Retail Electric Customer" means a purchaser of electricity for ultimate consumption and not for resale in Delaware, including the owner/operator of any building or facility, but not the occupants thereof, who purchases and supplies electricity to the occupants of such building or facility.
"Customer-Generator Facility" means equipment used by a Customer to generate, manage, and monitor electricity. A Customer-Generator Facility, which typically includes an electric generator and/or an equipment package, shall:
“Delaware Electric Cooperative, Inc.” or “Cooperative” or “DEC” means Delaware Electric Cooperative, Inc. or its successor(s).
“Delmarva Power & Light Company” or “Delmarva” or “DP&L” means Delmarva Power & Light Company or its successor(s).
“Distribution Services” means those services, including metering, relating to the delivery of electricity to a Retail Electric Customer through Distribution Facilities.
“Distribution Facilities” means electric facilities located in Delaware that are owned by a public utility that operate at voltages of 34,500 volts or below and that are used to deliver electricity to Retail Electric Customers, up through and including the point of physical connection with electric facilities owned by the Retail Electric Customer.
Distribution Services” means those services, including metering, relating to the delivery of electricity to a Retail Electric Customer through Distribution Facilities.
"Door-to-Door Sale" means a sale, or offer of contracts for sale, in which the Electric Supplier or Electric Supplier’s agent personally solicits a Residential or Small Commercial Retail Electric Customer to sell Electric Supply Service. This term includes sales, in response to or following an invitation by the Electric Supplier and the Customer's agreement to purchase Electric Supply Service made at a place other than the Electric Supplier’s place of business. This term does not include any sale which is conducted entirely by mail, telephone or other Electronic means.
DPA” means the Delaware Division of the Public Advocate.
“Electric Distribution Company” or “EDC” means a public utility owning and/or operating Transmission and/or Distribution Facilities in Delaware.
“Electric Supplier” means an entity or pPerson certified by the Commission, including municipal corporations which choose to provide electricity outside their municipal limits (except to the extent provided prior to February 1, 1999), Broker, Marketer or other entity (including public utilities and their affiliates, e.g., Delmarva), Commission that sells electricity to Retail Electric Customers, utilizing the Transmission and/or Distribution Facilities of an Electric Distribution Company a nonaffiliated electric utility including.:
Electric cooperatives which, having exempted themselves from the Commission’s jurisdiction pursuant to §§202(g) and 223 of 26 Delaware Code, choose to provide electricity outside their assigned service territories; and
“Electric Supplier Certificate” or “ESC” means a certificate granted by the Commission to Electric Suppliers that have fulfilled the Commission’s certification requirements. The Commission order approving an Applicant’s application for certification as an Electric Supplier, Marketer, or Broker shall serve as the ESC.
“Electric Supply Service” means the provision of electricity or electric generation service and related services to Customers.
Electronic” means relating to technology having electrical, digital, magnetic, wireless, optical electromagnetic or similar capabilities.
Electronic mail” or “e-mail” means any message transmitted through the internet including, but not limited to, messages transmitted to or from any address affiliated with an internet site.
Electronic Signature” means an Electronic sound, symbol, or process attached to or logically associated with a document or record or adopted by a person with the intent to sign the document or record.
“Eligible Energy Resources” means the following energy sources located within the PJM region or imported into the PJM region and tracked through the PJM Market Settlement System:
“FERC” means the Federal Energy Regulatory Commission.
"Fuel Cell" means an electric generating facility that: (a) includes integrated power plant systems containing a stack, tubular array, or other functionally similar configuration used to electrochemically convert fuel to electric energy, and (b) may include an inverter and fuel processing system or other plant equipment to support the plant's operation or its energy conversion, including heat recovery equipment.
“GATS” means the Generation Attribute Tracking System developed by PJM-Environmental Information Services, Inc. (PJM-EIS).
“Generation Attribute” means a non-price characteristic of the electrical energy output of a Generation Uunit including, but not limited to, the Uunit’s fuel type, geographic location, emissions, vintage, and RPS eligibility.
“Generation Unit” means a facility that converts a fuel or an energy resource into electric energy.
"Grid-Integrated Electric Vehicle" means a battery-run motor vehicle that has the ability for two-way power flow between the vehicle and the electric grid and the communications hardware and software that allow for the external control of battery charging and discharging by an electric distribution company EDC, eElectric sSupplier, PJM Interconnection, or an aAggregator.
"Host Customer" means the cCustomer account directly connected to a Customer-Generator Facility or Community Energy Facility, or, for a stand-alone Community Energy Facility, the customer account as designated by the Subscribers who share the energy production of the Community Energy Facility.
“Marketer” means an entity or pPerson that purchases and takes title to electricity for sale to Retail Electric customers Customers in this State.
"Net Metering" (or "Net Energy Metering") means a service to a Customer whereby electric energy generated by the Customer, through a Customer-Generator Facility and delivered to the local distribution facilities of an Electric Supplier, may be used to offset electric energy provided by the Electric Supplier to the Customer.
“PJM Interconnection, LLC” or “PJM” means the Regional Transmission Organization (“RTO”) that is responsible for wholesale energy markets and the interstate transmission of energy throughout a multi-state area, or its successor organization.
“Residential Customer” means a Retail Electric Customer eligible to take Residential services under the Delmarva Power or the Delaware Electric Cooperative’s tariff, currently on file with the Commission.
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 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.
Price” or “Rate” means the charge(s) applied against billing determinants that are variable with usage, e.g., kWh sales, kW demand, etc. Charges that are fixed each billing period, e.g., customer charge for metering, billing, etc., should be identified separately to the Customer.
“Renewable Energy Credit” or “REC” means a tradable instrument comprised of all the Generation Attributes equal to 1 megawatt-hour of electricity derived from Eligible Energy Resources and that is used to track and verify compliance with the provisions of Delaware Public Service Commission Regulation Docket No. 56 the Renewable Energy Portfolio Standards Act, 26 Del.C. §351 et. seq. A REC does not include emission reduction credits and/or allowances encumbered or used by a Generation Unit for compliance with local, state, or federal operating and/or air quality permits associated with the 1 megawatt-hour of electricity.
“Renewable Energy Portfolio Standard” or “RPS” refers to the Rules and Procedures to Implement the Renewable Energy Portfolio Standard, Delaware Public Service Commission Regulation Docket No. 56 means the percentage of retail electricity sales in the State that is to be derived from Eligible Energy Resources.
Residential Customer” means a Retail Electric Customer eligible to take Residential services under the Delmarva or DEC tariff, currently on file with the Commission.
"Retail Competition'' or “Retail Choice” means the right of a Customer to purchase electricity from an Electric Supplier other than the Standard Offer Service Supplier.
Rules” means the Commission’s Rules for Certification and Regulation of Electric Suppliers (26 DE Admin. Code §3001 et seq.).
Secretary” means the Secretary of the Commission, or any employee of the Commission designated by the Secretary and authorized by the Executive Director.
“Slamming” means the prohibited unauthorized enrollment of a cCustomer without the cCustomer’s permission or the unauthorized transfer of a cCustomer to another Electric Supplier.
“Small Commercial Customer” means a Retail Electric Customer taking service under the current DP&L’s tariff, currently on file with the Commission, governing Service Classification “Small General Service-Non Demand Rate” or the current Cooperative’s tariff, currently on file with the Commission, governing Service Classification “General Service.” However, for the purposes of these Rules, any Small Commercial Customer who has joined with an affiliated non-Small Commercial Customer or a non-Residential Customer for the purpose of contracting for Electric Supply Service shall be exempt from the definition of a Small Commercial Customer.
"Solar Renewable Energy Credit" or ("SREC") means a tradable instrument that is equal to 1 megawatt-hour of retail electricity sales in the State that is derived from solar photovoltaic energy resources and that is used to track and verify compliance with the provisions of the Renewable Energy Portfolio Standards Act, 26 Del.C. §351 et seq.
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.
“Standard Offer Service” or “SOS” means the provision of Electric Supply Service after the Transition Period by a Standard Offer Service Supplier to Customers who do not otherwise receive Electric Supply Service from an Electric Supplier.
“Standard Offer Service Supplier” or “SOSS” means an Electric Supplier that provides Standard Offer Service to Customers within an Electric Distribution Company’s service serving within its certificated territory after the Transition Period.
“State” means The State of Delaware.
"Subscriber(s)" means those pPersons who are otherwise Retail Electric Customers of an eElectric sSupplier that are entitled to share in the energy production of a Community Energy Facility.
“Telemarketing” means any unsolicited telephone calls initiated by, or on behalf of, an Electric Supplier to a Customer in order to market Electric Supply Service.
“Transition Period” means the period of time described in 26 Del.C. §1004, which: begins October 1, 1999 and ends May 1, 2006 for Delmarva’s customers; and begins April 1, 2000 and ends March 31, 2005 for all Cooperative customers.
“Transmission Facilities” means electric facilities located in Delaware 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.
“Transmission Services” means the delivery of electricity from supply sources through Transmission Facilities.
Written Notice” means notice in writing, mailed by First Class mail to the person who is being given notice, sent to the current billing address as shown on the records of the EDC or Electric Supplier, or via Electronic mail to a valid e-mail address if such address is provided by the Customer.
2.1 All Electric Suppliers Applicants must obtain an Electric Supplier Certificate ESC from the Commission to sell eElectric sSupply sService to or arrange the purchase on behalf of Retail Electric Customers prior to offering contracts to Customers or commencing service.
2.1.1 Certification Requirement. All Electric Suppliers Applicants shall file with the Commission an original and ten (10) copies of an Application for an Electric Supplier Certificate ESC. Applications shall comply with 26 DE Admin. Code §1001 Rules of Practice and Procedure of the Delaware Public Service Commission. 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.
2.1.1.1 Authority to Do Business In Delaware. Each Applicant shall provide documentation from the Delaware Secretary of State and/or the Delaware Division of Revenue, issued within ninety (90) days of filing, that it is legally authorized and qualified to do business in the State of Delaware.
2.1.1.2 Resident Agent. Pursuant to 26 Del.C. §401, each Applicant shall file a designation in writing of the name and post-office address of a pPerson resident within the State upon whom service of any notice, order or process may be made. This information must be updated if changed. The Applicant shall file notice of any change with the Commission within five (5) Business Days of the change and shall also provide a copy of such change to the DPA.
2.1.1.3 Performance Bonds. Each Applicant, except Brokers, shall submit a copy of their its performance bond or guarantee that they have it has obtained as security to the Electric Distribution Company if required in the Sservice Aagreement between the Applicant and the Electric Distribution Company EDC. The copy of the performance bond may be provided after the ESC is granted, but must be provided to the Commission prior to marketing or offering Electric Supply Service to Customers.
2.1.1.4 Compliance with Regional Requirements. Each Applicant, except for Brokers, must demonstrate that it has the technical ability to secure generation or otherwise obtain and deliver electricity through compliance with all applicable requirements of PJM. Brokers must submit relevant evidence of technical fitness to conduct their proposed business. Any Broker arranging the purchase of Electric Supply Service must procure demonstrate, through an affirmative statement, that it will only arrange electricity sales from an entity that complies with PJM’s requirements and is a Certified Electric Supplier in the State. Brokers must provide a list of Electric Suppliers through which the Applicant intends to arrange for the sale of electricity.
2.1.1.5.1 Publicly traded Applicants must file Ccertified financial statements current within twelve (12) months of the filing. Publicly traded Applicants must file their most recent annual report to shareholders and SEC Form 10-K (or a link to the report on the SEC website). Other indicia of financial capability may also be filed or requested by Staff. Non-publicly traded Applicants shall file accounting statements, including balance sheet and income statements, audited financial statements, bank account statements, tax returns or other indicia of financial capability, or if applicable the certified financial statements of a publicly traded parent. Applicants submitting European-style financial statements shall include a statement of similarity.
2.1.1.5.2 Description of the Applicant’s experience in the energy market and a Bbrief description of the nature of business being conducted services it plans to offer in Delaware, including types of cCustomers to be served, services provided and geographic area the EDC service territory in which services are to be provided.
2.1.1.5.3 A list of states in which Applicant or any of its aAffiliated iInterests is presently selling electric supply or brokering Electric Supply sService to Retail Electric cCustomers but is not currently providing services; and a list of states in which the Applicant or any of its aAffiliated iInterests has pending applications to sell electric supply service or broker Electric Supply Service to Retail Electric cCustomers. For each state listed include license, order, or certificate numbers. In addition, Applicant shall provide certificates of good standing from that state’s authorizing agency and copies of any order and related decision (if any) from that state’s public utility commission in which the Applicant has a pending application or has been certified or otherwise approved to do business.
2.1.1.5.4 A list of states in which Applicant or any of its aAffiliated iInterests has been denied approval by a State Commission to sell or broker electricity to Retail Electric Customers, has been found to be in violation of any state or federal laws, rules, and/or regulations; or has had its authority revoked, modified, or suspended or has had any other adverse judicial or regulatory action, including any complaints filed or taken, against it, its Affiliated Interests or any officer, principal or director of the Applicant. Applicant should also include any cases in which revocation or suspension of authority to sell or broker electricity is pending or has been adjudicated. Applicant shall provide details identifying the name, case number, and date of each action or other adverse judicial or regulatory action taken against it. If, no such action(s) have been taken against Applicant, explicitly state that fact.
2.1.1.5.5 Relevant operational experience of each principal officer, director, or manager responsible for Delaware operations.
2.1.1.5.6 A copy of any FERC approval as a Marketer or the date and docket number of the application to FERC. If the date and docket number are provided, a copy of the FERC approval must be provided within 30 (thirty) calendar days of issuance.
2.1.1.5.7 If the Applicant requires deposits, advance payments, prepayments, financial guarantees or the like (“Deposits”) from Residential or Small Commercial cCustomers, then the applicant must list on its application the amount of projected Deposits it plans to collect from Customers during the first year after it obtains its ESC. In addition, the Applicant must secure a bond with corporate surety licensed to do business in Delaware to guaranteeing the repayment of all cCustomer dDeposits and advances upon if the termination of Electric Supplier terminates Electric Supply sService. The Applicant shall file the original of such a bond issued by a qualified surety for permanent retention with the Secretary. The amount of the bond will shall be the greater of (i) 150 percent of the projected amount of deposits and advances for the next one year period; or (ii) $50,000. If at any time the actual amount of the dDeposits and advances held by the Applicant exceeds the amount projected, listed in its application the Electric Supplier must increase the amount of the bond shall be increased to comply with the requirement in the preceding sentence. Applicant must include a calculation of the projected Deposits for the next one year period.
2.1.1.5.9.6 Loan, issued by a qualified subsidiary, affiliate of Applicant, or a qualified corporation holding controlling interest in the Applicant, irrevocable for a period of at least twelve (12) months beyond certification of the Applicant by the Commission after the effective date of the ESC, and payable on an interest-only basis for the same period;
2.1.1.5.9.7 Guarantee, issued by a corporation, co-partnership, or other pPerson or association, irrevocable for a period of at least twelve (12) months beyond certification of the Applicant by the Commission after the effective date of the ESC;
2.1.1.5.9.9.101 The Applicant shall disclose whether the entity or any of its aAffiliated iInterests has filed for bankruptcy in the past 24 months.
2.1.1.5.9.112 The Commission or its Staff may consider any other information submitted by the Applicant if it can show the financial, operational, managerial, and technical abilities of an Applicant.
2.1.1.6 Verification of Application. The Application must be verified by accompanied by a signed, notarized verification of a principal or officer of the Applicant with personal knowledge and responsibility for the information and representations made in the application stating that all information in the application is true and correct as filed. Where the Applicant is a corporation or an association, the verification shall be signed by an officer thereof and notarized.
2.1.1.7 Consent to the Jurisdiction. All Electric Suppliers Applicants shall consent to the jurisdiction of the Delaware courts for acts or omissions arising from their activities in the State.
2.1.1.8.1 Legal name as well as the name and tax identification number or employer identification number under which the Applicant proposes to do business in Delaware. List any other names under which the Applicant has previously done business in Delaware;
2.1.1.8.2 State of incorporation, and business address, and address of the principal officer. Provide certification issued by the state of formation or incorporation certifying that the Applicant is in good standing and qualified to do business in that state;
2.1.1.8.36 Name, title, e-mail address, if applicable, mailing address and telephone number of a regulatory contact person. If the customer complain contact person s different from the regulatory contact, provide name, title, e-mail address, mailing address and telephone number;
2.1.1.8.410 A toll-free telephone number of customer service department. Brokers proposing to serve non-residential Customers may provide a Delaware telephone number;
2.1.1.8.611 Statement detailing any criminal activities, except for misdemeanors or lesser violations, of which the Applicant or any of its aAffiliated iInterests has been charged or convicted, or which the principal or corporate officers of the Applicant or any of its aAffiliated iInterests has been charged or convicted. Applicant shall disclose whether the Applicant, predecessor, or any principle officer of the Applicant has ever been convicted or held liable for fraud or for violation of any consumer protection laws. In reaching a determination whether an ESC should be granted, Staff and the Commission may consider the age of the conviction, whether the conviction was for a financial crime or an activity that relates directly to the provision of Electric Supply Service; whether the Applicant/Person is currently on probation or paying restitution; and any other fact that the Applicant provides with respect to the criminal charge or conviction. Any criminal activity disclosure shall include a copy of any order of conviction and restitution; and
2.1.1.9 Contracts. At the time of the filing, the Applicant, except Brokers, shall either provide its Standard a copy of its Contract for Residential and Small Commercial Customer or a link to it on the Applicant’s website. Such The cContract is subject to review by the Commission Staff and if Staff determines that such contract is not consistent with these Rules for Certification and Regulation of Electric Suppliers (“Rules”) the Delaware Code, other Commission regulations, or any other applicable law, order, rule or regulation, then Staff shall have the authority to require changes in order to make the Contract consistent with these Rules or Electric Supplier the Applicant faces revocation of its Electric Supplier Certificate rejection or denial of its application for an ESC by the Commission after a hearing. Such
2.1.1.9.1 The contract shall be in clear, and plain language and include the explicit Rates and terms and conditions which at a minimum contain the following for service. The Contract shall contain the following in a minimum size of 10-point type:
2.1.1.9.1.1 A clear and conspicuous statement of the duration of the contract;
2.1.1.9.1.2 The price stated in cents per kWh or a clear and unambiguous statement of the precise mechanism or formula by which the price will be determined Price of each service;
2.1.1.9.1.3 A complete list of any other fees and the amount thereof, including early termination penalties, late fees, and interest charges, which can be imposed on the cCustomer, including but not limited to the magnitude of the fees and a description of the specific conditions under which such fees can be imposed;
2.1.1.9.1.45 A statement of the Electric Supplier’s Applicant’s termination rights, which shall explain the specific conditions, under which the Electric Supplier Applicant may terminate service. At a minimum, the Electric Supplier Applicant shall provide the Residential or Small Commercial Customer with at least 30 days notice of termination of the cContract and the procedures to maintain ongoing service. In addition, the Contract must adhere to the provisions in 26 DE Admin. Code §3002-3.2.2 regarding good faith disputes;
2.1.1.9.1.56 The Electric Supplier’s local or toll-free telephone number, address, web address, if applicable, and the Commission’s web address, Delaware toll-free number, address and telephone number and the DPA’s addresses, web address, and telephone numbers;
2.23 Notice. Each Applicant, except Brokers, shall publish notice of the filing of the application in two (2) newspapers having general circulation throughout the State in a form to be prescribed by the Commission. The form of notice will be provided to the Applicant after receipt of the application.
2.34 Application Fee. A non-refundable application fee of $750 shall be submitted with the application for Certification an ESC.
2.45 Incomplete or Abandoned Applications. Applications that do not include the necessary fees, supporting documentation or information may be rejected. The Commission Staff will provide the Applicant with a list of deficiencies, within 15 business days of receipt. and tThe Applicant will be given time to provide the necessary information to complete its certification. However, an incomplete or abandoned application will be closed four (4) months after the filing date, unless such time frame is extended by the Commission. Staff shall have the authority to extend the four month time frame if the Applicant has been actively working with Staff to provide information necessary for Staff to make a recommendation to the Commission.
2.56 Waiver of Certification Requirements. Upon the request of any Applicant, the Commission may, for good cause, waive any of the requirements of these Rules that are not required by statute. The waiver may not be inconsistent with the purpose of these Rules or Chapter X of Title 26 of Del.C 26 Del.C. §1001 et seq.
3.1 Term of ESC. ESCs are valid until revoked by the Commission or abandoned relinquished by the Electric Supplier after the requisite notice to the Commission and to their cCustomers.
3.3 Transfer or Abandonment Relinquishing of ESC. The transfer of an ESC is prohibited without express Commission Order. No Electric Suppliers shall abandon Electric Supply Service not cease doing business within the State without sixty (60) days wWritten nNotice to the Commission, the affected Electric Distribution Companies, and its Retail Electric Customers. All Electric Suppliers, including Marketers and Brokers, must notify the Commission if it plans to cease doing business in Delaware prior to ceasing Delaware operations. The Commission will consider the ESC relinquished if the Electric Supplier does not: (a) begin serving Customers within twenty-four (24) months of the ESC being granted; and/or (b) provide the required yearly compliance filing in subsection 3.10.2 of these Rules within ninety (90) days of the required date.
3.45 Contracts and Revised Contracts for Residential and Small Commercial Customers.
3.5.1 An Electric Supplier shall supply Electric Supply Service to a Residential or a Small Commercial Customer only by a standard cContract containing the provisions described in subsection 2.1.1.9, of these Rules The contract must be signed or verifiable by some other means of authorization by the Residential or Small Commercial Customer. If an Electric Supplier offers a Retail Electric Customer a check, prize, or other incentive which requires a signature, that signature cannot be used as the contract signature. A Residential or Small Commercial Customer has ten (10) calendar days from the day the EDC sends the confirmation letter to rescind his/her selection.
3.5.2 If the Electric Supplier makes substantive changes to its standard contract for Electric Supply Service to Residential or Small Commercial Customers, the Electric Supplier must notify the Commission Staff to allow for review and comment. If Staff determines that such contract is not consistent with these Rules, Commission Staff shall have the authority at any time to require changes to a standard contract for Residential or Small Commercial Customers. that alters and/or modifies the Rates, terms, and/or conditions of service to the Customer, including but not limited to, changes to the Electric Supplier’s name and/or changes in product offerings. The Electric Supplier must notify the Commission Staff at least seven (7) Business Days prior to offering the revised Contracts in Delaware to allow for review and comment. If Staff determines that such revised document(s) is not consistent with these Rules, Delaware Code or other Commission regulations, then within seven (7) Business Days of receiving the revised Contracts from the Electric Supplier, Staff shall notify the Electric Supplier of the required changes and if said changes are not made by the Electric Supplier, Staff shall have the authority to move to revoke the Electric Supplier Certificate before the Commission after a hearing. Commission Staff shall have the authority at any time to require changes.
3.56 Price Terms and Terms of Service. Any pPrice term shall not be inconsistent with pricing the terms of service in a Residential or Small Commercial Customer’s cContract with their Electric Supplier. The Electric Supplier must provide thirty (30) days two (2) wWritten nNotices to its Residential or Small Commercial Customer(s) of any pPrice and/or terms of service changes. The notice must precede the effective date of the proposed changes by at least thirty (30) days and no more than sixty (60) days. Electric Suppliers may not add a new charge for a new service, existing service, or service option without first obtaining consent from the Customer. Customers shall have at least thirty (30) days to respond to the Electric Supplier’s changes to the Rates, terms and conditions of service provided to and received by the Customer.
3.67 Information that Must be Provided to a Customer by the Electric Supplier. The Electric Supplier must provide the Retail Electric Customer with a copy of its cContract which includes the terms and conditions of service. The Contract may be provided by e-mail if the Electric Supplier obtained a valid e-mail address and permission to provide the Contract by e-mail from the Retail Electric Customer during the enrollment process. Electric Suppliers are encouraged to use an acknowledgement receipt to confirm the validity of e-mail addresses.
3.78 Customer Information. An Electric Supplier may request a list from an Electric Distribution Company EDC which contains Retail Electric Customer’s names, service classification, whether the Customer is a SOS customer, service addresses and mailing addresses. A Retail Electric Customer may elect to opt out of the list. The EDC shall provide notice of the opt out procedures to Customers on an annual basis.
3.89 Marketing and Advertising.
3.89.1 Pursuant to 26 Del.C. §1012(b) and as further defined in Section 1.0 of these Rules, all no Electric Suppliers shall not solicit Retail Electric Customers by means of tTelemarketing where such telemarketing is prohibited by applicable laws and regulations. Electric Suppliers are responsible for identifying persons who have enrolled in the “Do Not Call” registry.
3.89.23 An Electric Supplier or its marketing or advertising agent shall not make misrepresentations or use deceptive practices relating to its own services or the services provided by the Customer’s EDC in its direct solicitations, advertising or marketing materials. Marketing materials include radio or television advertisements, mail, e-mail, website claims, social media, telephone, and person-to person contact.
3.89.34 An Electric Supplier or its marketing or advertising agent must comply with all federal, state or local laws applicable to advertising or marketing products or services.
3.9.11 Pursuant to 26 Del.C. §1019(a), a penalty for a violation of an Electric Supplier Rule shall not exceed $5,000 for each such violation, with the overall penalty not to exceed an amount reasonable and appropriate for the violation. Each day of noncompliance shall be treated as a separate violation.
3.910 Reports to be Provided to the Commission.
3.10.1 All Electric Suppliers shall provide such information concerning their Delaware operations to the Commission as the Commission may from time to time request, including any reporting requirements contained herein. Information provided pursuant to this paragraph and designated “proprietary” or “confidential” shall be held in accordance with paragraph 1 in Section 10.0 of these Rules treated as such under Rules 8 DE Admin. Code §1202-6.2, and shall be afforded such proprietary treatment subject to the provisions of these Rules, Commission Delaware regulations, and Delaware Llaw.
3.102 Fees and Assessments. Electric Suppliers must pay applicable fees and assessments under 26 Del.C. §1012(c)(2). Electric Suppliers must also file any applicable reports required under 26 Del.C. §115(e). The All Electric Suppliers except Brokers, must also pay the Public Utilities Taxes pursuant to 30 Del.C. Chapter 55 §5501 et seq.
3.113 Record Retention. All Electric Suppliers will shall retain cCustomer account records for a period of two (2) years.
4.1.1 Each Retail Electric Customer in Delmarva’s service territory has the right to choose to receive separate bills from Delmarva Power & Light Company and from its Electric Supplier (if the Electric Supplier provides a separate billing), or to receive a combined bill from either Delmarva or its Electric Supplier (if the Electric Supplier provides a consolidated billing option), for Electric Supply, Transmission, Distribution, Ancillary and other Services, consistent with these Rules. If the Retail Electric Customer does not elect a billing option, Delmarva will be responsible for billing the Retail Electric Customer for Electric Supply, Transmission, Distribution, Ancillary and other Services, regardless of the Electric Supplier.
4.1.2 In the Delaware Electric Cooperative’s DEC’s service territory, the Cooperative will bill each Retail Electric Customer for Electric Supply, Transmission, Distribution, Ancillary and other Services, regardless of the Retail Electric Customer’s Electric Supplier.
4.2.1 The name, address, and local or toll-free telephone number of the Electric Supplier;
4.2.4 If applicable an itemized list of each service or product billed for the current billing period including charges for the Ppublic Ppurpose Pprograms and a Ccompetitive Ttransition Ccharge (if applicable) or other agreed to charges;
4.2.6 The actual cents per kWh (or the appropriate block charges or other pricing mechanism) charged to the Retail Electric Customer for the Retail Electric Customer’s actual usage (or estimated usage) of electricity for the current billing period;
4.2.112 If applicable, late fees as defined in the contract. Late fees must be clearly identified as such.
4.3.1 During the Transition Period, Delmarva will continue to own all meters and perform all meter reading functions. After the Transition Period, or earlier if requested by Delmarva, tThe Commission can permit others to provide some or all of the metering functions on a competitive basis.
4.3.2 The Delaware Electric Cooperative will continue to own and operate all meters and perform meter reading functions.
5.12 Procedures to be followed by the Retail Electric Customer (or a Broker acting on behalf of a Customer):
5.12.1 A Retail Electric Customer (or a Broker acting on behalf of a Customer) should first notify the Electric Supplier of their complaint for resolution of their Electric Supply Services. In the event of an electricity-related emergency, such as a power outage, or in the event of problems related to a Retail Electric Customer’s EDC, the Retail Electric Customer should contact their EDC.
5.12.2 If the Retail Electric Customer (or a Broker acting on behalf of a Customer) and Electric Supplier are not able to come to a resolution, the Retail Electric Customer may file an informal complaint with the Commission DPA. If no resolution is reached after contacting the DPA, the Customer or Broker may file a formal complaint with the Commission as described in Rules 14 and 15 of the 26 DE Admin. Code §1001-2.2.1 “Rules of Practice and Procedure of the Commission.
5.23 Procedures to be Followed by the Electric Supplier:
5.23.1 If a Retail Electric Customer notifies the Electric Supplier that they have a complaint, the Electric Supplier shall use good faith efforts to respond to and resolve the complaint.
5.23.2 An Electric Supplier shall have a sufficient number of customer service representatives that are knowledgeable and able to handle its Retail Electric Customer’s inquiries and complaints. The customer service telephone number shall be manned from 9:00 am - 5:00 pm EST Monday through Friday at a minimum. Electric Suppliers shall respond to messages (voicemail and e-mail) from Customers within one (1) Business Day.
5.23.3 If the Retail Electric Customer and Electric Supplier are not able to come to a resolution, the Electric Supplier will inform the Retail Electric Customer that they may contact the Commission DPA. In addition, all Electric Suppliers must adhere to the provisions of 26 DE Admin. Code §3002-3.2.2.
5.23.4 The Electric Supplier shall prepare and maintain a report of these complaints and keep these reports on file for a period of two (2) years. Upon request by the Commission or its Staff or the Division of Public Advocate, an Electric Supplier shall furnish a copy of such report to the Commission or the DPA. The report shall contain the following information:
5.23.4.1 Type of complaint;
5.23.4.2 Date of complaint;
5.23.4.3 Resolution; and,
5.23.4.4 Date resolved.
5.34 Slamming. An Electric Supplier must obtain verifiable authorization from the Retail Electric Customer before switching Electric Supply Service. Verifiable authorization means a written signature, Electronic Signature or an audio recording of the Customer expressly authorizing a change in Electric Suppliers or the terms of Electric Supply Service. If a Retail Electric Customer believes that their Electric Supply Service has been switched without authorization, the Retail Electric Customer may request that the Electric Supplier provide evidence of the authorization and verification. The Electric Supplier must submit this within five (5) bBusiness dDays if feasible, but no longer than fifteen (15) bBusiness dDays of the request. If the Retail Electric Customer is not satisfied with this response, the Retail Electric Customer may also file an informal complaint with the Commission DPA. If the Customer is not satisfied with the response to the informal complaint, the Customer may file a formal complaint with the Commission pursuant to the Rules of Practice and Procedure of the Delaware Public Service Commission 26 DE Admin. Code §1001 et seq.
5.45 Cramming. If the Commission determines that an Electric Supplier has billed unauthorized charges to a Retail Electric that have not been explicitly authorized by the Customer, that Electric Supplier may be subject to penalties that may be imposed by the Commission through a hearing process. An Electric Supplier that has imposed unauthorized charges on a Retail Electric Customer must void and/or refund all of those charges to the Retail Electric Customer.
5.56 General Retail Electric Customer Protections. An Electric Supplier, including Brokers, shall not engage in fraudulent or improper activities, nor shall it disseminate any consumer information obtained pursuant to subsection 3.78, and may be subject to penalties as described in Section 10.0 of these Rules and 26 Del.C. §1019.
6.0 Green Power and Renewable Product Resources
6.1 For the purposes of this Section, a Green Power Product is defined as an Electric Supply Service which is marketed or otherwise advertised as having a generation resource mix consisting of Eligible Energy Resources above the current Compliance Year’s renewable resources, pursuant to 26 Del.C. §1012(b), e.g. wind, solar. For the Customer this would be above the current Renewable Energy Portfolio Standard’s Cumulative Minimum Percentage found in Commission Regulation No. 56 26 Del.C. §354(a) for which the Commission-regulated electric company is responsible and charges its non-exempt distribution system end-use Customers.
6.2 Electric Suppliers offering a Green Power Product shall register with the PJM-EIS GATS, or its successor or other applicable regional renewable energy certificate tracking systems or Green-e Energy. Electric Suppliers shall keep the account in good standing and shall be subject to applicable rules of PJM-EIS GATS rules or other applicable regional renewable energy certificate tracing systems or Green-e Energy and shall pay applicable PJM-EIS GATS their respective fees as required.
6.3 Electric Suppliers offering a Green Power Product shall submit retire RECs and/or SRECs equal to the marketed or otherwise advertised generation resource mix consisting of Eligible Energy Resources as part of their filing of the annual Retail Electricity Supplier’s Verification of Compliance in the State of Delaware Renewable Energy Portfolio Standard Report with PJM-EIS GATS or other applicable regional renewable energy certificate tracking systems or Green-e Energy.
6.46 When requested by a Retail Electric Customer or providing information regarding Green Power Products through marketing and advertising material(s) or solicitation(s), an Electric Supplier must label its fuel resource mix in a manner that accurately describes its electric generating resources. The Electric Supplier must also inform the Retail Electric Customer, in writing, that the Electric Supply Service the Retail Electric Customer receives will be used to meet the Electric Supplier’s RPS requirements.
6.57 An Electric Supplier shall not market, advertise, or solicit to Customers on the basis that its product is environmentally beneficial unless it meets the minimum resource mix requirement of paragraph 6.1 of this Section 26 Del.C. §1012(b).
6.68 Electric Suppliers offering Green Power Products shall have to meet the disclosure of the fuel resource mix requirements stated in Section 7.0 of these Rules.
7.1 Each Electric Supplier, except Brokers, shall file a report with the Commission disclosing the aggregate proportions of fuel resource mix for the electricity supplied to its cCustomers in Delaware for each quarter during the year. Such reports shall be filed by last date of the month succeeding each not later than sixty (60) calendar days following the quarter. The reports shall include, but are not limited to:
7.1.1 The total number of Retail Electric Customers by each Retail Electric Customer class served during that quarter;
7.2 Each Electric Supplier and SOS shall also disclose the information under paragraph 7.1.3 to its Retail Electric Customers annually via bill inserts or a bill message with a website link to the Supplier’s or SOSS’s fuel resource mix and each of the other three quarters by providing information on the Retail Electric Customer’s bill for that quarter directing the Retail Electric Customer to obtain the information on the Electric Supplier’s website or by a telephone request. Each Electric Supplier must maintain and update the information in paragraph 7.1.3 as required by 26 Del.C. §1012. Information reported under paragraph 7.1.3 may be utilized in any consumer education program developed in accordance with 26 Del.C. §1014(c).
Each Electric Supplier providing Electric Supply Service shall offer Customers the option of Net Metering if a Customer generates electricity at the Customer’s premises, subject to all of the following requirements:
8.1.1.3 Will not exceed 100 kW per DP&L meter for farm customers, as those customers are described in Title 3, section 902(3); provided, however, that the Delaware Energy Office may grant exceptions to this limitation in accordance with Title 26, section 1014(d)(1)b;
8.4.1 During a monthly billing period where the energy from the Community Energy Facility exceeds the consumption of the Host Customer, the Subscribers participating in a Community Energy Facility not located on the same distribution feeder as the Community Energy Facility shall be credited in kilowatt-hours (kWh) valued at an amount per kWh equal to supply service charges according to each account's rate schedule for any of the energy production in excess of the consumption of the Host Customer of the Community Energy Facility. The Host Customer and Subscribers located on the same distribution feeder as the Community Energy Facility shall be credited in kWh pursuant to subsection 8.3 of this Rule. Any excess energy after crediting Subscribers during a billing period shall be credited in subsequent billing periods. During any billing period prior to the end of the Annualized Billing Period, the crediting of excess energy kWh will result in the reduction of cost paid by the Host Customer and Subscribers for the equivalent volumetric energy kWh of delivery service charges, if applicable, and supply service charges.
8.4.2 At the end of the Annualized Billing Period, a Host Customer may request a payment from the Electric Supplier for any excess kWh credits. The payment shall be calculated by multiplying the excess kWh credits by the supply service charge of the Host Customer of the Community Energy Facility as provided under subsection 8.3 of this Rule. Such payment shall be made to the Host Customer of the Community Energy Facility, and may be credited to the Host Customer's account through monthly billing if less than $25. Any excess kWh credits shall not reduce any fixed monthly customer charges imposed by the Electric Supplier.
The procedures for a Retail Electric Customer’s return to an EDC during the Transition Period and to an EDC if it is the SOS Supplier after the Transition Period for Electric Supply Service shall be in accordance with the Commission’s order for each EDC’s individual electric restructuring plan.
10.1 Proprietary Information. Under Delaware’s Freedom of Information Act, 29 Del.C. ch. 100 §10001 et seq, all information filed with the Commission is considered of public record unless it contains “trade secrets and commercial or financial information obtained from a pPerson which is of a privileged or confidential nature.” 29 Del.C. §10002(d)(2). To qualify as a non-public record under this exemption, materials received by the Commission must be clearly and conspicuously marked on the title page and on every page containing the sensitive information as “proprietary” or “confidential” or words of similar effect. The Commission shall presumptively deem all information so designated to be exempt from public record status. However, uUpon receipt of a request for access to information designated by the Applicant, Electric Supplier, or EDC as proprietary or confidential, the Commission may review the appropriateness of such designation and may determine to release the information requested. Prior to such release, the Commission shall provide the entity which submitted the information with reasonable notice and an opportunity to show why the information should not be released will follow the procedures set forth in 8 DE Admin. Code §§1202-3.7 and 6.2.
10.2 Failure to Comply with these Rules. The failure by If any Electric Supplier of Applicant fails to comply with these requirements and the requirements in other Sections any Delaware law, Commission Order, provision of these Rules or other Delaware regulation, the Commission may result in impose civil penalties on such Applicant or Electric Supplier, including monetary assessments, suspension or revocation of the Electric Supplier’s ESC, or other sanction as determined by the Commission and as allowed under 26 Del.C. §1019.
Last Updated: December 31 1969 19:00:00.
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