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Delmarva Power and Retail Energy Supplier Association (RESA) and filed comments in response to the Delaware Public Service Commission’s (PSC’s) proposed updates to the retail electric market rules that the Commission issued on January 8, 2026 regarding proposed Regulation 3001 Order No.10928.

Delmarva Power – “Delmarva Power recommends that Staff add provisions in Sections 7.0 and 9.0 requiring suppliers to provide separate notifications to customers of rate changes, through multiple written, electronic, and telephonic means of notice. Such a requirement would improve billing transparency and mitigate customer confusion when new supplier rates are implemented.”

Excerpts from RESA’s Comments

Notice of Variable Price – § 7.1

“Requiring multiple notices in multiple formats is problematic, if not impossible, because suppliers often do not have a customer’s telephone number, address, and valid email for communication. Additionally, customers sometimes do not have two methods of receiving a notice. Furthermore, customers do not want to receive notices in multiple formats and are often confused when it happens. As an example, a customer enrolling with a supplier usually does not want to 3 provide his or her cell phone number or email. As another example, if a customer wanted to receive only one communication, a second communication should not be required.”

“Moreover, electric suppliers must adhere to the Federal Trade Commission’s (“FTC”) Telemarketing Sales Rules (“FTC Rules), 16 CFR Part 310 et seq., which regulate telemarketing practices to protect customers. The FTC rules apply to a business’s calls and texts to its current customers. Even if there is an “established business relationship” as defined in the FTC rules, a business cannot use a pre-recorded voice or auto-dial without prior written consent. The FTC rules will make it more difficult, if not impossible, to notify customers by phone or text of the next month’s variable price. This supports RESA’s recommendation for only one notice.

Given these challenges, RESA proposes to require suppliers to send one notice and to revise the proposed § 7.1 as follows:

No electric supplier shall change a residential customer or small commercial customer’s variable price unless, at least 12 calendar days prior to the close of the customer’s billing period, the electric supplier provides the customer with notice by: telephone, written notice, or electronic notice. The notices shall clearly state the variable price and how to access the variable price.

“To reiterate, RESA does not oppose an affirmative notice obligation by suppliers with customers where a variable price will change from one month to the next. RESA’s recommendation is with respect to the number of notices and using two different formats.”

Changes in Fixed Price or Material Terms – § 9.1

“The current § 9.1 requires a supplier to notify the customer at least 30 days, and not more than 60 days, before the effective date of a proposed change to the fixed price or material term. The proposed revised § 9.1.1 would require suppliers to provide at least two notices in different formats (telephone, written notice, or electronic notice). Similar to the proposed notice provision 4 for a change in the variable price discussed above, providing two notices in different formats is problematic, if not impossible for both customers and their supplier.

“Rather than reinvent the wheel on notices to a change in contract terms, RESA recommends the Commission adopt provisions akin to those in Pennsylvania Code § 54.10,2 which mandates two notices to a customer. The first notice is provided 45 to 60 days prior to the expiration date of the fixed contract or the effective date of the proposed change in terms. Customers may choose how they want to receive the notice, and the rule lists six items that must be included in the notice. The items include not only a description of the change in terms or information about the contract expiration, but also that a second notice will be issued with details regarding the proposed change and the customer’s options.

The second notice under the Pennsylvania rule is the “options notice,” provided by first class mail at least 30 days prior to the expiration of the fixed contract or the proposed change in terms. The options notice advises the customer of the changes being proposed and informs the customer how to exercise his or her options, including the ability to accept the proposed changes, to choose another product offering from the customer’s existing supplier, to select another supplier, or to return to utility service.”