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On August 5, 2026 the Delaware Public Service Commission (PSC) issued a final order to publish the proposed amendments adopting final rule language in the state register regarding the retail electric supplier marketing rules, including changes requiring variable rate notices and fixed rate renewal notices

The amended ruled can be found in the attached Exhibit A of the order.

Staff has been directed to work with its Deputy Attorney General and submit the appropriate documents required to the Registrar for final publication in the Delaware Register of Regulations, and revise such documents as recommended by the Registrar.

The effective date of this order shall be 75 days after the date the Regulation is published as final in the Delaware Register of Regulations.

As reported previously, among other things, the final rule language provides that electric suppliers must provide to residential and small commercial customers, at least 12 calendar days prior to the close of the customer’s billing period, notice of the new variable rate and how to access the variable price, with such notice provided by telephone, written notice, or electronic notice.

The final rules also adopt fixed rate renewal notice requirements for residential and small commercial customers.  The initial notice must be sent 45 to 60 days prior to the expiration, and an options notice must be sent at least 30 days prior to the expiration. Only the options notice is required to include, “Information regarding new pricing or renewal pricing including the price to be charged, per kilowatt-hour, for the first billing cycle of electric supplier service”.

Note that these new rules were proposed and well underway prior to recent legislation passed but still pending Governor action that include far more substantive changes to the retail electric market in Delaware.  If passed the new legislation would place limits on residential pricing, product term length, and auto-renewals.