Calendar of Events/Hearing Notices
CALENDAR
November 2005
DELAWARE RIVER BASIN COMMISSION
NOTICE OF PUBLIC HEARING
The Delaware River Basin Commission ("Commission" or "DRBC") will hold a public hearing to receive comments on proposed amendments to the Commission's Basin Regulations ‑ Water Supply Charges and Comprehensive Plan concerning certificates of entitlement. No changes in the substance or administration of the rule are proposed. The purpose of the proposed amendments is to clarify the language of the rule to conform to the Commission's past decisions and current practices in order to provide better notice to users as to how the Commission is implementing its entitlements program and to avoid future controversy.
The public hearing on the proposed rule change will be held on Wednesday, December 7, 2005 at approximately 2:30 P.M. as part of the Commission's regularly scheduled business meeting. The time is approximate because the Commission will conduct hearings on several dockets (project approvals) beforehand, beginning at approximately 1:30 P.M. The hearing will continue until all those who wish to testify are afforded an opportunity to do so. In the event that all those who wish to testify cannot be heard on December 7, the hearing will be continued at a date, time and location to be announced by the Commission Chair that day. Persons wishing to testify at the hearing are asked to register in advance with the Commission Secretary by phoning 609‑883‑9500, extension 224. Written comments will be accepted through Tuesday, January 10, 2006.
The public hearing will be held in the Goddard Room at the Commission's office building, located at 25 State Police Drive in West Trenton, New Jersey. Directions to the Commission's office building are posted on the Commission's website, http://www.drbc.net. Written comments should be addressed to the Commission Secretary as follows: by email to paula.schmitt@drbc.state.nj.us; by fax to the Commission Secretary ‑ 609‑883‑9522; by U.S. Mail to the Commission Secretary, DRBC, P.O. Box 7360, West Trenton, NJ 08628‑0360; or by overnight mail to the Commission Secretary, DRBC, 25 State Police Drive, West Trenton, NJ 08628‑0360.
The full text of the proposed amendment and the text of the current regulation are posted on the Commission's website, http://www.drbc.net. Please contact Commission Secretary Pamela Bush at 609‑883‑9500 ext. 203 with questions about the proposed rule or the rulemaking process.
DEPARTMENT OF EDUCATION
The State Board of Education will hold its monthly meeting on Thursday, November 17, 2005 at 1:00 p.m. in the Townsend Building, Dover, Delaware.
department of health and social services
Division of Medicaid and Medical Assistance
NOTICE OF PUBLIC COMMENT PERIOD
In compliance with the State's Administrative Procedures Act (APA - Title 29, Chapter 101 of the Delaware Code) and under the authority of Title 31 of the Delaware Code, Chapter 5, Section 512, Delaware Health and Social Services (DHSS) / Division of Medicaid and Medical Assistance (DMMA) is proposing to amend the Title XIX Medicaid State Plan and the Division of Social Services Manual (DSSM) related to the Estate Recovery Program. Additionally, this action is technical in nature to allow for updated state plan pre print pages. This technical amendment to clarify the plan has no budget impact.
Any person who wishes to make written suggestions, compilations of data, testimony, briefs or other written materials concerning the proposed new regulations must submit same to Sharon L. Summers, Policy and Program Development Unit, Division of Medicaid and Medical Assistance, 1901 North DuPont Highway, P.O. Box 906, New Castle, Delaware 19720-0906 by November 30, 2005.
The action concerning the determination of whether to adopt the proposed regulation will be based upon the results of Department and Division staff analysis and the consideration of the comments and written materials filed by other interested persons.
Division of Social Services
NOTICE OF PUBLIC COMMENT PERIOD
In compliance with the State's Administrative Procedures Act (APA - Title 29, Chapter 101 of the Delaware Code) and under the authority of Title 31 of the Delaware Code, Chapter 5, Section 107, Delaware Health and Social Services (DHSS) / Division of Social Services is proposing to amend the policy of the Food Stamp Program in the Division of Social Services Manual (DSSM) as it relates to changes in Federal rules.
Any person who wishes to make written suggestions, compilations of data, testimony, briefs or other written materials concerning the proposed new regulations must submit same to Sharon L. Summers, Policy and Program Development Unit, Division of Social Services, 1901 North DuPont Highway, P.O. Box 906, New Castle, Delaware 19720-0906 by November 30, 2005.
The action concerning the determination of whether to adopt the proposed regulation will be based upon the results of Department and Division staff analysis and the consideration of the comments and written materials filed by other interested persons.
department of insurance
The hearing will be conducted in accordance with 18 Del.C. §311 and the Delaware Administrative Procedures Act, 29 Del.C. Chapter 101. Comments are being solicited from any interested party. Comments may be in writing or may be presented orally at the hearing. Written comments, testimony or other written materials concerning the proposed change to the regulation must be received by the Department of Insurance no later than 2:00 p.m., Friday, December 2, 2005, and should be addressed to Deputy Attorney General Michael J. Rich, c/o Delaware Department of Insurance, 841 Silver Lake Boulevard, Dover, DE 19904, or sent by fax to 302.739.5566 or email to michael.rich@state.de.us. If you are disabled and might need assistance in this matter, please contact Julia Blevins at 302.739.4251 ext.111 or Julia.Blevins@state.de.us.
department of natural resources and environmental control
Division of Air and Waste Management
NOTICE OF PUBLIC HEARING
Brief Synopsis of the Subject, Substance and Issues
The Department is proposing to amend the Accidental Release Prevention Regulation to include 1999, 2000 and 2004 amendments made by the Environmental Protection Agency (EPA) to the Accidental Release Prevention Requirements contained in federal rule 40 CFR Part 68. The Department believes these amendments are already in effect for regulated Delaware facilities and that this amendment will have no impact on them. In addition, several minor changes and corrections are proposed for the ‘Additional Delaware Accidental Release Prevention Provisions’ contained in Section 6.0 of the Regulation. Specifically this includes minor changes to the Delaware only lists and simplifying Delaware risk management plan submission requirements. Again, the Department believes these corrections and changes will have no impact on Delaware only regulated facilities. In summary, the purpose of this proposed amendment is a correction to the Delaware regulation; bringing it into agreement with the most recent federal rule changes.
Notice of Public Comment
Interested parties may submit comments in writing to: Jay Brabson, Emergency Prevention and Response Branch, 715 Grantham Lane, New Castle, DE 19720, and/or statements and testimony may be presented either orally or in writing at the public hearing to be held on Monday, December 5, 2005 beginning at 6:00 PM in the DNREC auditorium at the Richardson and Robbins Building, 89 Kings Highway, Dover, DE. The public comment period for this proposed amendment will extend through December 15, 2005.
Prepared By
Jay Brabson (302) 323-4542 October 14, 2005
Division of Soil and Water Conservation
NOTICE OF PUBLIC HEARING
These Proposed Regulations are revisions to existing regulations that have been in effect since 1983. The proposed revisions will increase the effectiveness of the Coastal Construction Program and improve its protection of the beach and dune system. They will also reduce ambiguity within the regulations and limit the amount and type of construction permitted seaward of the Building Line. Redrawing of the Building Line, incorporation of changes to the Beach Preservation Act and the addition of new construction standards for waterfront buildings will all result in less damages to structures and improvements to the natural dune and beach resource.
While this regulatory action is intended to modify currently existing regulations, it was not possible, or preferable, to show additions as underlines, or deletions as strikeouts – as is normally required. This is because the redraft of the regulations was so extensive and the new numbering so drastically different than the previous regulations, that to be comprehensible to the reader, we opted to abandon the normal strike out and underline protocol and instead provide the reader with an index of new provisions with old section numbers and a compilation of major changes to the overall regulation.
Notice of Public Comment
A Public Hearing has been scheduled for December 14th at 6:00 p.m., in the DNREC Auditorium
Prepared By:
Maria Sadler 302-739-9921 9/26/05
DEPARTMENT OF STATE
DIVISION OF PROFESSIONAL REGULATION
Board of Examiners of Psychologists
NOTICE OF RESCHEDULED PUBLIC HEARING
The Delaware Board of Examiners of Psychologists in accordance with 24 Del.C. §3506(a)(1) has proposed changes to Regulation 6.0 of the Board’s rules and regulations regarding Evaluation of Credentials. Specifically, the proposal amends regulation 6.1 and the subsections therein to conform to the American Psychological Association requirements for accreditation. The full text of the proposed regulation was published in the Register of Regulations, Vol. 9, Issue 3, on September 1, 2005.
The public hearing originally scheduled for October 3, 2005 at 9:30 a.m. has been rescheduled to November 14, 2005 at 9:30 a.m. The public hearing will be held 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 Delaware Board of Examiners of Psychologists, 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.
DIVISION OF PROFESSIONAL REGULATION
Board of Mental Health and Chemical Dependency Professionals
NOTICE OF PUBLIC HEARING
The Delaware Board of Mental Health and Chemical Dependency Professionals in accordance with 24 Del.C. §3006(a)(1) has proposed changes to Regulation 5.0 in order to make the regulation consistent with the mandate of Senate 229 enacted by the 142nd General Assembly. The proposal strikes regulation 5.2.4 as currently written with references to felony convictions and replaces it with language that requires an applicant to submit an affidavit stating that the applicant has not been convicted of and has no pending criminal charge(s) relating to any crime that is substantially related to the provision of mental health counseling and chemical dependency counseling. The proposal also amends the rule where applicable to include references to chemical dependency professionals. The proposed regulation also changes the name of the Board in applicable sections to conform to the Board’s new title resulting from House Bill 215 as amended by House Amendment No. 1 and Senate Amendment No.1 enacted by the 143rd General Assembly adding licensed marriage and family therapists to those professionals regulated by the Board. The full text of the proposed regulation was published in the Register of Regulations, Vol. 9, Issue 2, on August 1, 2005.
The public hearing originally scheduled for September 27, 2005 at 2:00 p.m. has been rescheduled to November 29, 2005 at 2:30 p.m. 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 Delaware Board of Mental Health and Chemical Dependency Professionals, 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 regulation at its regularly scheduled meeting following the public hearing.
Public Service Commission
NOTICE OF PUBLIC HEARING
By PSC Order No. 6298 (Nov. 4, 2003), the Public Service Commission (“PSC”) adopted its “Electric Service Reliability and Quality Standards” regulation to govern the operations of the two PSC-jurisdictional electric distribution utilities, Delmarva Power and Light Company and the Delaware Electric Cooperative, Inc. Those rules imposed interim annual reporting requirements on the two electric distribution utilities related to their baseline reliability expenditures and also adopted interim electric service reliability and quality benchmarks. These interim requirements have governed during the period running from 2003 through 2005.
On October 11, 2005, by PSC Order No. 6745 (Oct. 11, 2005), the PSC proposed to supercede the prior interim regulation with its new “Electric Service Reliability and Quality Standards” (“ESR and QS”). As with the interim rule, the new proposed ESR and QS regulation imposes operational and reporting requirements related to reliability on electric distribution utilities. In addition the new regulation also includes a reporting requirement for electric generation companies located in Delaware. The new regulation changes some of the reliability standards originally utilized in the interim regulation in light of actual past experience under the Outage Management Systems used during the tenure of the interim regulation. The new ESR and QS regulation also includes provisions related to: (a) expected responses for restoration of services after storms; (b) public input into the preparation of planning studies; and (c) the adoption of specific inspection and maintenance requirements by distribution utilities. In addition, the new ESR and QS would now impose certain reporting requirements on entities operating electric generation facilities located in Delaware. The PSC has the authority to adopt the new ERS and QS rule under 26 Del.C. §§209(a), 1002(a)(1), and 1008.
You may review the proposed new ERS and QS regulation and Order No. 6745 in the November 2005 edition of the Delaware Register of Regulation. You may also review the Order and regulation at the PSC’s Internet website located at www.state.de.us/delpsc. Written copies of the proposed regulation are also available at the PSC’s Dover office, at the address set forth below, at the cost of $0.25 per page.
Pursuant to 29 Del.C. §§1133 and 10115, the PSC now solicits written suggestions, compilations of data, briefs, comments, or other written documents concerning the proposed new ERS and QS regulation. If you wish to submit such written materials, you must file an original and ten copies of such materials at the PSC office at the following address:
Delaware Public Service Commission
861 Silver Lake Boulevard
Cannon Building, Suite 100
Dover, Delaware 19904
Attn: Reg. Dckt. No. 50
If you able, you should also file an electronic copy of such materials as an attachment to an Internet e-mail message addressed to robert.howatt@state.de.us. You must accompany your written materials with a document setting forth your name, your organization (if any), address, telephone and facsimile numbers, and Internet e-mail address. You must file such materials with the PSC on or before Monday, December 5, 2005.
In addition, pursuant to 26 Del.C. §209(a) and 26 Del.C. §10117, the PSC will conduct an initial public hearing on the proposed new ESR and QS regulation on Wednesday, December 21, 2005. The hearing will be held at the following location beginning at 10:00 a.m.:
Third Floor Conference Room
Carvel State Office Building
820 North French Street
Wilmington, Delaware
At the hearing, persons or entities can also present their views concerning the proposed new ERS and QS regulation. If you do not file written materials or do not intend to appear at the public hearing but still wish to be included on the participant list in this matter in order to be notified of further proceedings, you must file a letter with the PSC requesting to be included on the participant list. That letter must be filed by Monday, December 5, 2005.
If you have questions or desire further information about this matter, you can contact the PSC at 1-800-282-8574 (Delaware only) or at (302) 739-4247 (text telephone also). You can also address your inquiries by Internet e-mail to robert.howatt@state.de.us. If you are disabled and need assistance to review materials or participate, please contact the PSC in order to make arrangements for such assistance.
