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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsJuly 2018

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AND NOW, this 22nd day of May 2018, the Delaware Public Service Commission ("Commission") determines and orders the following:
WHEREAS, on February 14, 2018, House Bill 127, as amended by House Amendment No. 1 ("HB 127") (81 Del. Laws ch. 205) became law. HB 127 amended Chapter 1, Subchapter II, Title 26 of the Delaware Code by adding "§203E Certificate of public convenience and necessity for new electric transmission utilities." Section 203E provides the Commission authority to evaluate these applications and promulgate regulations prescribing the form of an applications for a certificate of public convenience and necessity ("CPCN"); and
WHEREAS, on March 6, 2018, Commission Staff ("Staff") filed its petition ("Petition") requesting that the Commission open a regulation docket for the purposes promulgating regulations establishing CPCN requirements for entities seeking to begin the business of an electric transmission utility in the State of Delaware; and
WHEREAS, on March 13, 2018, the Commission met at its regularly-scheduled meeting and, after consideration, granted Staff's Petition in Order No. 9193, which opened the docket, ordered the publishing of preliminary regulations ("Proposed Regulation 3011"), and requested public comments through April 30, 2018. As directed, those preliminary regulations were published in the April Register of Regulations; and
WHEREAS, Northeast Transmission Development, LLC, an affiliate of LSP Transmission Holdings, LLC, and a member of the LS Power Group (collectively "LS Power") submitted comments. LS Power's comments asserted the following: (i) Proposed Regulation 3011's definition and use of "Business Day" should be deleted as inconsistent with 26 Del.C. §203E; (ii) Proposed Regulation 3011's subsection 2.2.32.3 adds a third potential basis for determining "good case" to revoke a CPCN and should be deleted as inconsistent with 26 Del.C. §203E, which includes only two bases; thus, the additional third basis is inconsistent with the General Assembly's exclusively defining that "good cause shall consist of"; and (iii) Proposed Regulation 3011's subsection 2.2.18 should be narrowed to information regarding a CPCN applicant's business as an electric transmission utility, as opposed to the broader inquiry into violations of a state's law, rules, or regulations;
WHEREAS, Staff submitted its Memorandum ("Staff's Memo"), incorporated herein by reference, in which Staff found each of LS Power's three assertions persuasive. Staff's Memo sets forth its analysis and agreement to revise Proposed Regulation 3011 consistent with LS Power's comments; and
WHEREAS, Staff Memo memorializes the Acting Executive Director's authority for determining that the revisions are not substantive; and
WHEREAS, Staff requests that approve the Final Proposed Regulation 3011, for final publication with the Register of Regulations;
BY ORDER OF THE COMMISSION:
"Applicant" means a person or entity seeking to obtain an Electric Transmission Supplier Certificate.
["Business Day" means any calendar day except Saturdays, Sundays, or legal holidays as defined in 1 Del.C. §501.]
"Commission" means the Delaware Public Service Commission.
"Delmarva" or "DPL" means Delmarva Power & Light Company or its successor(s).
"DPA" means the Delaware Division of the Public Advocate.
"Electric Transmission Facility" or "Transmission facility" means electric facilities that are located in Delaware, including those in offshore waters and integrated with onshore electric facilities, and owned by a public utility that operate at voltages above 34,500 volts, and used to transmit and deliver electricity to customers, including any customers taking electric service under interruptible rate schedules as of December 31, 1998, up through and including the point of physical connection with electric facilities owned by DPL.
"Electric Transmission Supplier Certificate" means a certificate of public convenience and necessity under 26 Del.C. §203E granted by the Commission to an Applicant which fulfilled the Commission's certification requirements and which authorizes the Applicant to construct, operate, own and maintain transmission facilities. The Commission Order approving an Applicant's application for certification as an Electric Transmission Utility shall serve as the Electric Transmission Supplier Certificate.
"Electric Transmission Utility" means a person or entity granted an Electric Transmission Supplier Certificate by the Commission, or otherwise exempt under 26 Del.C. §203A(a)(3), which owns and/or physically operates an Electric Transmission Facility in Delaware.
"Person" means a natural person, a corporation, partnership, association, public trust, joint stock company, joint venture, or other group of persons, whether incorporated or not; a trustee or receiver of the foregoing; a municipality or other political subdivision of the State of Delaware; and any other governmental agency or any officer, agent, or employee of such agency.
"PJM Interconnection, L.L.C." or "PJM" means the Regional Transmission Organization ("RTO") with functional control over Electric Transmission Facilities throughout a multi-state area including Delaware, or its successor(s).
"Public Utility" means every individual, partnership, association, corporation, joint stock company, agency or department of the State or any association of individuals engaged in the prosecution in common of a productive enterprise (commonly called a "cooperative"), their lessees, trustees or receivers appointed by any court whatsoever, that now operates or hereafter may operate for public use within this state, (however, electric cooperatives shall not be permitted directly or through an affiliate to engage in the production, sale, or distribution of propane gas or heating oil), any natural gas, electric (excluding electric suppliers as defined in §1001 of this title), water, wastewater (which shall include sanitary sewer charge), telecommunications, (excluding telephone services provided by cellular technology or by domestic public land mobile radio service) service, system, plant or equipment.
"Regional Transmission Expansion Plan" or "RTEP" means the process by which PJM approves new transmission projects.
"Regulations" means the Commission's Regulations for Certification of an Electric Transmission Utility. (26 DE Admin. Code 3011, et seq.)
"Secretary" means the Secretary of the Commission, or any employee of the Commission designated as such by the Secretary and authorized by the Executive Director.
"Staff" means full-time professional employees of, and outside counsel and consultants retained by, the Commission who render advice to the Commission.
"State" means the State of Delaware.
2.2 Certification Requirement. All Applicants shall file with the Commission an original and five (5) copies of an application for an Electric Transmission Supplier Certificate or comply with the electronic filing requirements of 26 DE Admin. Code 1001. Such application shall contain all the information and exhibits hereinafter required and may contain such additional information as the Applicant deems appropriate to demonstrate to the Commission that it possesses the technical, financial, managerial, and operational ability to adequately serve the public consistent with applicable State laws. Applications shall contain at least the following information:
2.2.4 Registered Agent. The name and post office address of a Registered Agent, pursuant to 26 Del.C. §401, within the State upon whom service of any notice, order or process may be made;
2.2.18.1.2 Been found to be in violation of a state's laws, rules, or regulations [related to the provision of electric transmission service];
2.2.28 Timing of Application Decision. The Commission shall act on an application within ninety (90) [Business] days of the submission of a completed application as defined by PSC Staff. At Commission discretion, the application time period may be extended an additional ninety (90) [Business] days.
[2.2.32.3 A finding by the Commission that the Certificate is resulting in material adverse impacts on the State's economy, ratepayers, health, safety, or welfare.]
Last Updated: December 31 1969 19:00:00.
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