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On April 8, 2026 the Delaware Public Service Commission (PSC) issued an order voting to re-publish the proposed electric supplier rule changes due to substantive proposed amendments to Staff’s earlier proposed rules. The PSC will seek further comments.  Following review of any public comments, the Commission will determine whether to amend Reg. 3001 by adopting the proposed amendments or make additional changes.

As reported previously, the Secretary of the Commission published the proposed amendments to the Regulations and accompanying Public Notice submitted to the Registrar and the Registrar published the updated proposed amendments in the February 2026 Delaware Register of Regulations.  Subsequently on March 4, during the comment period for the updated proposed amendments, the Retail Energy Supply Association (“RESA”) filed public comment with the Commission in which RESA requested a change to the proposed notice requirements and to require DPL to make customer lists available to electric suppliers.  Then on March 11, 2026 the Commission held a public hearing on the updated proposed Regulation as provided in the public notice where, RESA presented their pre-filed comment to the Commission.  In response, Staff filed a memorandum dated April 1, 2026 in which Staff recommended substantive changes to the Regulation based on RESA’s comments.  Then on April 8, 2026 the Commission considered the public comments made by RESA and Staff s April 1, 2026 memorandum and voted to adopt Staff’s recommended edits to the Regulation.

The substantive changes now proposed are more aligned with RESA’s recommendations. The amended proposal deletes the earlier proposed rule requiring retail suppliers to affirmatively notify residential and small commercial customers of certain rate changes via two separate communication methods.  Under current rules suppliers must only post the new price for variable rate products in advance but are not required to affirmatively notify customers of variable rate changes.

Fixed Rates:

The revised proposal adopts a Pennsylvania like two-notice approach (an “initial” and “options notice”) for fixed rate contract expiration notices and for material changes in contract terms. The “options notice must be sent at least 30 days before expiration of the customer’s term and must include the new rate. These notices must be “written” but may be electronic if agreed to by the customer.

Fixed Rate Renewals

The proposed rules maintain a separate section applicable to residential and small commercial contract renewals where the general contract renewal notices must be “written” but may be electronic if agreed to by the customer.  Suppliers may continue to serve customers via auto-renewal, after providing the new notices.

Variable Rates:

The revised proposal now issued for comment provides that, for residential and small commercial customers on variable rates, electric suppliers must provide to the customer, 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, and with no requirement that at least two of those communication methods must be used.

The revised proposal also adopts RESA’s proposal whereby suppliers must inform customers that, “the supplier will begin supplying electricity when the utility processes the supplier’s enrollment request, which the supplier anticipates to be within the next 10 business days”.

Read amended rules for all proposed changes.