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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsNovember 2018


Regulatory Flexibility Act Form

Authenticated PDF Version

The Commission has promulgated proposed regulations to implement and administer the DSIC (the "Proposed Regulations"), 26 Del. Admin. Code ch. 1010. The Proposed Regulations establish filing deadlines for DSIC applications; effective dates of new DSIC rates; requirements for filing a DSIC application; a review and approval process; and annual reconciliation and audit procedures.
AND NOW, this 9th day of October, 2018:
WHEREAS, the General Assembly has enacted statutes creating an Electric and Natural Gas Utility Distribution System Improvement Charge ("DSIC") (26 Del.C. §315); and
WHEREAS, 26 Del.C. §315(d) provides that the Delaware Public Service Commission (the "Commission") may adopt rules and regulations to administer the DSIC that are not inconsistent with the Public Utilities Act of 1974 (the "Act"); and
WHEREAS, Staff has presented the Commission with proposed regulations; and
WHEREAS, the Commission has considered Staff's proposed regulations and finds that the proposed regulations should be proposed for public comment;
NOW, THEREFORE, IT IS HEREBY ORDERED BY THE AFFIRMATIVE VOTE OF NO FEWER THAN THREE COMMISSIONERS, THAT:
1. Pursuant to 26 Del.C. §209(a) and 29 Del.C. §10111 et seq., the Commission promulgates the Proposed Regulations Governing Administration of the Electric and Natural Gas Utility Distribution System Improvement Charge (the "Proposed Regulations").
2. The Commission Secretary shall transmit to the Registrar of Regulations for publication in the Delaware Register this Order, the Notice of the Proposed Regulations attached hereto as Exhibit A and the Proposed Regulations attached hereto as Exhibit B.
3. The Commission Secretary shall cause the Notice attached hereto as Exhibit A to be published in The News Journal and the Delaware State News newspapers on or before November 1, 2018.
BY ORDER OF THE COMMISSION:
1.1 Authority. These regulations are adopted pursuant to 26 Del.C. §§209(a) and 315(d), and 29 Del.C. Ch. 101.
1.3 Capitalized Terms. Capitalized terms used herein that are defined in 26 Del.C. §315 shall have the same meaning as they have in those sections. Other capitalized terms shall have the meaning ascribed to them in these regulations.
4.1 For Applications premised on 26 Del.C. §315(a)(4)c.1., the Application shall:
4.1.3 For Electric Distribution Companies ("EDC"), an Application premised on 26 Del.C. §315(a)(4)c.1. for distribution facilities being replaced or renewed because they are negatively impacting the quality and reliability of service to the customer, eligibility shall be determined only if the distribution facility being replaced satisfies at least one of the following criteria;
4.2 For Applications premised on 26 Del.C. § 315(a)(4)c.2., eligibility shall be determined in the same manner as subsection 4.1.3 above.
5.1 Staff will review each utility's DSIC Application to ensure compliance with the provisions of 26 Del.C. §315 and these regulations. Staff has five (5) days to review the Application for compliance.
7.3.2 26 DE Admin. Code 1001 - 2.6.6 shall govern the deadline for responses to such data requests.
Last Updated: December 31 1969 19:00:00.
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