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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsSeptember 2013

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26 DE Admin. Code 3001
In 1999 the Delaware Public Service Commission (“PSC”) has promulgated certain regulations pertaining to certification of electric suppliers in 26 DE Admin. Code 3001, now entitled “Rules for Certification and Regulation of Electric Suppliers (“Supplier Rules”). The PSC has revised the Supplier Rules several times since then.
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 or sent as an attachment to an e-mail addressed to psc@state.de.us, include “Reg. Doc. 49” as the subject of the email. The Commission encourages the public to submit written comments on or before October 1, 2013, but the last date to submit written comments will be on November 16, 2013.
The PSC will also conduct a public evidentiary hearing on the new proposed regulations on October 22, 2013 at 1:00 P.M. at the PSC’ s office at the address set forth above.
You may review PSC Order No. 8424 (July 30, 2013) (the “Order”) and the proposed revised Supplier Rules in the September 2013 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 http://depsc.delaware.gov/electric.shtml.
Any materials submitted in connection with the proposed revised Supplier Rules will be available for public inspection and copying (to the extent they are “public records” under the Freedom of Information Act, 29 Del.C. §10002(g)) at the PSC’s Dover office identified above during normal business hours. The fee for copying is $.10 per page, with the first 20 pages being free of charge. 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://smu.portal.delaware.gov/cgi-bin/mail.php?foia-request&subj=DOS. There is also a link to the Freedom of Information Act Request Form on the PSC’s website, http://depsc.delaware.gov/default.shtml. The PSC will respond to your request in accordance with the Freedom of Information Act, 29 Del.C. Ch. 100. The Regulations may also be reviewed by appointment at the office of the Public Advocate, 820 N. French Street, 4th Floor, Carvel State Office Building, Wilmington, DE 19801. The Regulations will also be available on the PSC’s website: http://depsc.delaware.gov/electric.shtml.
AND NOW, this 30th day of July 2013, 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 DE Admin. Code 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 DE Admin. Code 3001; and
WHEREAS, Commission Staff has convened three workshops to address the proposed revisions to the Supplier Rules; and
WHEREAS, the Commission now proposes to modify the Supplier Rules to reflect the revisions discussed during the workshops; 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 September 2013 Delaware Register of Regulations a copy of this Order; a copy of the Supplier Rules, showing the proposed changes (Exhibit "A"); and a copy of the Notice of Proposed Rulemaking attached hereto as Exhibit "B".
3. That the Secretary shall cause the Notice of Proposed Rulemaking attached as Exhibit "B" to be published in The News Journal and the Delaware State News newspapers on or before September 1, 2013. 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 Delaware Energy Office; (c) Delmarva Power & Light Company; (d) all certificated electric suppliers; (e) the Retail Energy Supply Association; (f) NRG Energy, Inc.; (g) all members of the workgroup formed in accordance with PSC Order No. 8187; and (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 October 1, 2013. Pursuant to 29 Del.C. §10117, the Commission will conduct a public hearing on the proposed revisions to the Supplier Rules on Tuesday, October 22, 2013 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 October 22, 2013
“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.
Agent means a Person who conducts marketing or sales activities, or both, on behalf of an Electric Supplier, including an employee, a representative, an independent contractor or a vendor.
"Aggregator" means any person or entity who contracts with an electric distribution company, electric supplier or PJM Interconnection (or its successor) to provide energy services, which facilitate battery storage systems for Grid-Integrated Electric Vehicles and related technologies has the same definition set forth in 26 Del.C. §1001.
“Ancillary Services” means those services that are necessary to support the transmission of capacity and energy from resources to loads while maintaining reliable operation of the system has the same definition set forth in 26 Del.C. §1001.
"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:
1. aAn entity or pPerson seeking to obtain an Electric Supplier Certificate.; or
2. An Electric Supplier seeking to amend their Electric Supplier Certificate.
“Broker” means an entity or person 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 has the same definition set forth in 26 Del.C. §1001.
"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 has the same definition set forth in 26 Del.C. §1001.
"Community-owned energy generating facility" or "Community Energy Facility" means a renewable energy generating facility that has Subscribers who share the energy production of the Community Energy Facility, which may be located either as a stand-alone facility or behind the meter of a Subscriber. 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:
“Cramming” means the practice of charging Customers for services that they have not ordered or have been sold in a deceptive manner such that the cCustomer is not reasonably aware of the nature or pPrice 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 has the same definition set forth in 26 Del.C. §1001.
"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 DECor its successor(s) has the same definition set forth in 26 Del.C. §1001.
“Delmarva Power & Light Company” or “Delmarva” or DP&Lor its successor(s) has the same definition set forth in 26 Del.C. §1001.
“Distribution Services” means those services, including metering, relating to the delivery of electricity to a Retail Electric Customer through Distribution Facilities.
Disclosure Statementmeans a written disclosure of the terms and conditions of service between an Electric Supplier and a Customer.
“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 has the same definition set forth in 26 Del.C. §1001.
Distribution Services has the same definition set forth in 26 Del.C. §1001.
"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.
“Electric Distribution Company” or “EDC” means a public utility owning and/or operating Transmission and/or Distribution Facilities in Delaware has the same definition set forth in 26 Del.C. §1001.
“Electric Supplier” means an entity or person 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), that sells electricity to Retail Electric Customers, utilizing the Transmission and Distribution Facilities of an Electric Distribution Company has the same definition set forth in 26 Del.C. §1001.
“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 or Broker shall serve as the ESC.
“Electric Supply Service” means the provision of electricity or electric generation service has the same definition set forth in 26 Del.C. §1001.
"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 and executed or adopted by a person with the intent to sign the document.
“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 has the same definition set forth in 26 Del.C. §1001.
“GATS” means the Generation Attribute Tracking System developed by PJM-Environmental Information Services, Inc. (PJM-EIS) has the same definition set forth in 26 DE Admin. Code 3008.
“Generation Attribute” means a non-price characteristic of the electrical energy output of a Generation Unit including, but not limited to, the Unit’s fuel type, geographic location, emissions, vintage, and RPS eligibility has the same definition set forth in 26 DE Admin. Code 3008.
“Generation Unit” means a facility that converts a fuel or an energy resource into electric energy has the same definition set forth in 26 DE Admin. Code 3008.
"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, electric supplier, PJM Interconnection, or an aggregator has the same definition set forth in 26 Del.C. §1001.
"Host Customer" means the customer 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 person that purchases and takes title to electricity for sale to Retail Electric customers has the same definition set forth in 26 Del.C. §1001.
"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.
Person” has the same definition set forth in 26 DE Admin Code 1001.
“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 has the same definition set forth in 26 DE Admin. Code 3008.
Price” or “Ratemeans the charge(s) for Electric Supply Service applied against the billing determinants for electricity usage of the Customer.
“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.
“Renewable Energy Credit” or “REC” means a tradable instrument comprised of all the Generation Attributes that is equal to 1 megawatt-hour of retail electricity sales in the State that is 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. 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 the Renewable Energy Portfolio Standards Act, 26 Del.C. §351 et seq.
“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 has the same definition set forth in 26 DE Admin. Code 3008.
Residential Customer means a Retail Electric Customer eligible to take services supplied exclusively for domestic purposes in individually metered dwelling units and in duplexes and triplexes, including the separately metered non-commercial facilities of the residential customer (e.g., garages, water pumps, etc.).
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.
Slamming” means the unauthorized enrollment of a customer without the customer’s permission or the unauthorized transfer of a customer 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” has the same definition as set forth in 26 DE Admin. Code 1001.
“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 territory after the Transition Period has the same definition as set forth in 26 Del.C. §1001.
“State” means Tthe State of Delaware.
"Subscriber(s)" means those persons 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 has the same definition as set forth in 26 Del.C. §1001.
“Transmission Services” means the delivery of electricity from supply sources through Transmission Facilities.
Verification Process means an audio recording by which a Customer validates his or her intent to enter into a contract to receive Electric Supply Service from an Electric Supplier other than the EDC. This process is separate from the solicitation and sales process.
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.
2.1 All Electric Suppliers Applicants must obtain an Electric Supplier Certificate from the Commission to sell eElectric sSupply service 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) five (5) paper copies of an Aapplication for an Electric Supplier Certificate. Applications filed by electronic means 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 twelve (12) months of filing, that it is legally authorized and qualified to do business in the State of Delaware.
2.1.1.2 Resident Aagent. Pursuant to 26 Del.C. §401, each Applicant shall file a designation in writing of the name and post-office address of a person resident within the State upon whom service of any notice, order or process may be made. This information must be updated if changed.
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. The copy of the performance bond may be provided after the Electric Supplier is granted the ESC, but must be provided to the Commission prior to marketing or offering Electric Supply Service to Customers.
2.1.1.5 Financial, Operational, Managerial and Technical Ability. Each Applicant shall be required to present substantial evidence supporting their its financial, operational, managerial and technical ability to render service within the State of Delaware. Such evidence shall include, but is not limited to:
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 their SEC Form 10-K (a link to the report on the SEC website is sufficient). Other indicia of financial capability may also be filed. 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. 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 customers 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 affiliated interests is presently selling or brokering electric supply service to Retail Electric customers and a list of states in which Applicant or any of its Aaffiliated Iinterests has pending applications to sell or broker electric supply service to Retail Electric customers.
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 in violation of a state’s laws, rules, and/or regulations, or has had its authority revoked, modified, or suspended. Applicant should also include any cases in which revocation or suspension of authority to sell or broker electricity is pending. Provide details identifying the name, case number, and date of each action.
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 calendar days of issuance.
2.1.1.5.7 If the Applicant requires deposits, advance payments, prepayments, financial guarantees or the like from Residential or Small Commercial cCustomers, then the Applicant must secure a bond with corporate surety licensed to do business in Delaware guaranteeing the repayment of all customer deposits and advances upon the termination of service. The Applicant shall file the original of such a bond issued by a qualified surety for permanent retention with the Secretary of the Commission. 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 deposits and advances held by the Applicant exceeds the amount projected in the Applicant’s application, the amount of bond shall be increased to comply with the requirement in the preceding sentence. Applicant must include a calculation of the projected amount of deposits and advances for the next one year period.
2.1.1.6 Verification of Application. The Application must be signed and verified as true and correct by a principal or officer of the Applicant with responsibility for the information and representations made in the application. A sample form of verification can be found on the Commission’s website.
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 Other Requirements to be provided by Applicant:
2.1.1.8.1 Legal name and, if applicable, tax identification number or employer identification number as well as the name under which the Applicant proposes to do business in Delaware;
2.1.1.8.3 Name, title, email address (if applicable), mailing address and telephone number of a regulatory contact person;
2.1.1.8.4 A toll-free telephone number of customer service department. Brokers proposing to serve non-residential Customers may provide a Delaware telephone number;
2.1.1.8.5 Description of the Applicant’s experience in the energy market and a brief description of the services it plans to offer in Delaware and the type of customers it plans to serve; and Applicant’s organizational structure including all parent, affiliate and subsidiary companies;
2.1.1.8.6 Statement detailing any criminal activities, except for misdemeanors or lesser, 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.; and
2.1.1.9 Contracts. At the time of the filing, the Applicant, except Brokers, shall either provide its Standard Contract a copy of its Disclosure Statement used for Residential and Small Commercial Customers or a link to it on the Applicant’s website. Such contract The Disclosure Statement is subject to review by the Commission Staff and if Staff determines that such contract the Disclosure Statement is not consistent with these Rules for Certification and Regulation of Electric Suppliers (“Rules”), 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 Disclosure Statement consistent with these Rules, or Electric Supplier the Applicant faces revocation of its rejection or denial of its application for an Electric Supplier Certificate by the Commission after a hearing. Such contract
2.1.1.9.1 The Disclosure Statement shall be in clear and plain language and include explicit terms and conditions which at a minimum contain the following in plain 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 pPrice stated in cents per kWh or a clear and unambiguous statement of the precise mechanism or formula by which the price will be determined for all products. If the product is a variable Price product the contract shall identify the initial Price per kWh and include a statement that explains the conditions of variability (stating on what basis and how often Prices may vary) and the limits on Price variability, if any. Applicants offering a variable Price product shall provide a toll-free number or link on the Applicant’s website where customers may obtain the Price per kWh at least 5 calendar days prior to the Price effective date;
2.1.1.9.1.3 A complete list of any other fees, including early termination penalties, late fees, and interest charges, which can be imposed on the customer, including but not limited to the magnitude of the fees and the specific conditions under which such fees can be imposed. A complete list of any other charges, including, fixed monthly charges and minimum monthly charges;
2.1.1.9.1.4 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 shall provide the Residential or Small Commercial Customer with at least 30 calendar days notice of termination of the contract and procedures to maintain ongoing service. In addition, the Disclosure Statement must adhere to the provisions in 26 DE Admin. Code 3002-3.2.2 regarding good faith disputes;
2.1.1.9.1.5 The Electric Supplier’s local or Applicant’s toll-free telephone number, address and web address, if applicable; and the Commission’s address, web address, Delaware toll-free telephone number and telephone number;
2.1.1.9.1.6 A statement informing the Residential or Small Commercial Customer that, because of relocation outside of their current EDC’s service territory, they/he/she may terminate their/his/her contract with their/his/her Electric Supplier with no termination fee upon a 30-day notice in writing to the Electric Supplier.
2.2 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.
2.4 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 the 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.
3.3 Transfer or Abandonment of ESC. The transfer of an ESC is prohibited without express Commission Order. No Electric Supplier shall abandon Electric Supply Service within the State without 60 days written notice to the Commission, the affected Electric Distribution Companies, and its Retail Electric Customers. The Commission will consider the ESC abandoned 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 Section 3.9.2 of these Rules for two (2) consecutive years.
3.4 Contracts and Revised Contracts for Residential or Small Commercial Customers.
3.4.1 An Electric Supplier shall supply Electric Supply Service to a Residential or a Small Commercial Customer only by a standard contracts containing the provisions described in Section 2.1.1.9, of these Rules.
3.4.2 The contract must be signed or verifiable by some other means of authorization by the Residential or Small Commercial Customer. Other means of authorization shall include an Electronic Signature or verbal authorization. An Electric Supplier that contracts with a customer by means of the internet shall confirm the identity of the person making the contract.
3.4.3 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.
3.4.4 If the Electric Supplier makes substantive changes to its standard contract Disclosure Statement for Electric Supply Service to Residential or Small Commercial Customers, the Electric Supplier must notify the Commission Staff at least seven (7) business days prior to offering the Disclosure Statement(s) in Delaware to allow for review and comment. If Staff determines that such contract Disclosure Statement is not consistent with these Rules, Delaware Code or other Commission regulations, then Staff shall have the authority to require changes or the Electric Supplier faces revocation of its Electric Supplier Certificate by the Commission after a hearing. Commission Staff shall have the authority at any time to require changes to a standard contract for Residential or Small Commercial Customers. The Supplier may offer Retail Electric Service to Customers prior to receiving comments from Staff, however Customers being served under Disclosure Statements found to be inconsistent with these Rules shall have the option to cancel service without threat of penalty or fee. Substantive changes include, but are not limit to, changes in the Electric Supplier’s name and/or changes in product offerings.
3.5 Price 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 contract with their Electric Supplier. The Electric Supplier must provide thirty (30) ten (10) calendar days written notice to its Residential or Small Commercial Customer(s) of any price and/or terms of service changes. Electric Suppliers may not add a new charge for a new service, existing service, or service option without first obtaining consent from the Customer
3.6 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 contract 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. The Disclosure Statement may serve as a contract. Electric Suppliers are encouraged to use an acknowledgment receipt to confirm the validity of e-mail addresses.
3.7 Customer Information. An Electric Supplier may request a list from an Electric Distribution Company which contains Retail Electric Customer’s names, service classification, if 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.
3.8.1 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 telemarketing where such telemarketing is prohibited by applicable laws and regulations. If telemarketing is permitted, then:
3.8.2 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. These materials include radio or television advertisements, mail, e-mail, website claims, social media, telephone, and person-to person contacts.
3.8.10 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.
3.9.1 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 under 8 DE Admin. Code 1202-6.2, and shall be afforded such proprietary treatment subject to the provisions of the Rules, Commission Delaware regulations, and Delaware Llaw.
3.10 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.
3.11 Record Retention. All Electric Suppliers will shall retain customer account records for a period of two (2) years.
4.2 Bill Contents. The bill should be easy to understand, be in clear and plain language and must contain the following information:
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;
4.2.112 If applicable, late fees as defined in the contract. Late fees must be clearly identified as such; and
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, the Commission can permit others to provide some or all of the metering functions on a competitive basis.
5.1 Enrollment Authorization. An Electric Supplier must obtain authorization from the Retail Electric Customer before switching a Customer’s provider of Electric Supply Service. Authorization may be obtained by written, electronic, or verbal means.
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 or Broker may file an informal 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 Delaware Public Service Commission. Other provisions of 26 DE Admin. Code 1001 et seq. related to filing complaints with the Commission shall not be available to a Retail Electric Customer (or a Broker acting on behalf of a Customer) to resolve their complaint.
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.
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. 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. 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) business days if feasible, but no longer than 15 business days of the request. If the Retail Electric Customer is not satisfied with this response, the Retail Electric Customer may also file a 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 that have not been explicitly authorized by the Retail Electric 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.
5.6.1 An Electric Supplier, including a Brokers, shall not engage in fraudulent or improper activities, nor shall it disseminate any consumer information obtained pursuant to Section 3.7, and may be subject to penalties as described in 26 Del.C. §1019 and Section 10.0 of these Rules.
6.3 Electric Suppliers offering a Green Power Product shall submit retire RECs or SRECs, where applicable, 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.
6.46 When requested by a Retail Electric Customer or providing information regarding Green Power 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 if 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.
6.68 Electric Suppliers offering Green Power shall have to meet disclosure of fuel resource mix stated in Section 7.0 of these Rules.
7.2 Each Electric Supplier and SOSS shall also disclose the information under paragraph 7.1.3 to its Retail Electric Customers annually via bill inserts or a bill message with 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;
8.1.1.7 Is designed to produce no more than 110% of the Host Customer's expected aggregate electrical consumption, calculated on the average of the two previous 12 month periods of actual electrical usage at the time of installation of energy generating equipment and subject to the capacity limits specified in Section 8.1.1.1 through Section 8.1.1.3 of this Rule. For new building construction or in instances where less than two previous 12 month periods of actual usage is available, electrical consumption will be estimated at 110% of the consumption of units of similar size and characteristics at the time of installation of energy generating equipment and subject to the capacity limits specified in Sections 8.1.1.1 through Section 8.1.1.3 of this Rule.
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 Section 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 Section 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 or SOSS 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, all information filed with the Commission is considered of public record unless it contains “trade secrets and commercial or financial information obtained from a person 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 any 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 or Applicant fails to comply with these requirements and the requirements in other Sections of 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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