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On June 25, 2026 HB393 in Delaware passed and now awaits Governor’s action.

The legislation entitled “An Act To Amend Title 26 Of The Delaware Code Relating To Protections For Public Utility Consumers” that among other things required the Delaware PSC to develop a training and educational program for any entity or individual that is certified by the Commission as an electric supplier.

Supplier Training Requirements:

More specifically, the training program must require that a designated representative of each certified electric supplier demonstrate a thorough understanding of the Commission’s regulations regarding all of the following: (1) Sales. (2) Consumer protection. (3) Any other matter the Commission deems appropriate.

• At the conclusion of the training, the Commission must do all of the following: (1) Conduct an examination. (2) On a satisfactory score, certify that the designated representative of the certified electric supplier has successfully completed the training.
• The Commission must determine the schedule and frequency by which a designated representative of a certified electric supplier must complete the training and certification.
• A designated representative of an electric supplier who applies for certification must complete the training and certification prior to the issuance of the certification.
• A certified designated representative of a certified electric supplier must attest annually that all sales agents, including employees, and contractors, have completed supplier provided training consistent with Commission standards.
• The Commission may adopt regulations that include appropriate penalties or sanctions for failure to comply with this section.

Supplier Reporting Requirements:

On or before the 15th day of each month, each third-party electric supplier must submit a report to the Commission on customer choice in its service territory for the preceding month in a form designed by the Commission, including all of the following: (1) The total kilowatt–hours distributed to customers purchasing electricity from a third–party electric supplier. (2) The total supply cost charged to customers purchasing electricity from a third–party electric supplier. (3) The total cost that customers specified in paragraph (b)(2) of this section would have paid under standard offer service. (4) The net third–party electric supplier total cost compared to the net standard offer service cost. (5) The total third–party electric supplier average rate. (6) The standard offer service average rate. (7) The difference between the total third–party electric supplier average rate and the standard offer service average rate. (8) The third–party electric supplier average residential rates broken out by supplier and the variance between each of these rates and the standard offer service average rate. (9) The third–party electric supplier average general service nondemand rates broken out by supplier and the variance between each of these third–party electric supplier rates and the standard offer service average rate. (10) The third–party electric supplier average general service demand rates broken out by supplier and the variance between each of these third–party rates and the standard offer service average rate. (11) The third–party electric supplier average large power demand rates broken out by supplier and the variance between each of these third–party electric supplier rates and the standard offer service average rate. (12) Other pertinent information the Commission considers appropriate.

Contract Renewals:

A third-party electric supplier must provide (a) written confirmation of enrollment within 15 business days of enrollment. (b) A third-party electric supplier must provide written notification at least 15 days in advance of any changes to the customer’s rate. (c) A third-party electric supplier may not renew service with a residential or small commercial customer unless the customer is provided with written notice of the pending renewal of a contract 90 and 30 days before the end of the contract term and the customer agrees to renew in writing as evidenced by written or electronic signature. (d) For purposes of this section, “small commercial customer” means a customer taking service under a current electric distribution company tariff governing service classification “small general service non-demand rate” or the current Cooperative tariff governing service classification “general service.” (e) A written notice required under this section must be distributed in the same format that the customer has elected to receive other notifications from the electric supplier.

Residential electric supplier regulations:

A third-party electric supplier that purchases electricity on the open market and sells it to a residential customer may not do any of the following: (1) Offer electricity, other than renewable energy, at a price that exceeds the trailing 12-month average of the electric company’s standard offer service rate in the electric company’s service territory as of the date of agreement with the customer. (2) Offer residential electricity supply for a term that exceeds 12 months at a time. (3) Automatically renew a term for supply of renewable energy. (4) Offer a variable rate other than a rate that adjusts for seasonal variation more than twice in a single year. (5) Pay a commission or other incentive-based compensation to an energy salesperson for enrolling customers. (6) Charge early termination, cancellation, or non-renewal fees; late fees; fees to access the electric supplier’s services; minimum monthly charges; enrollment fees; and interest charges. (b) Nothing in this section prohibits the offer and use of time-of-use rates that establish different rates for periods within a single day.

Final/Engrossed: View PDF.