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PSC Directs Staff To Publish Revised Competitive Rule Changes For Comment
Delaware Public Service Commission considered Staff’s proposed rule changes at its January 7, 2026 agenda session to consider republishing in the Delaware Register of Regulations for comment. Specifically, the Commission reviewed Staff’s Memorandum issued on December 31, 2025 and Staff’s Proposed Order 10927 asking the Commission to publish amendments to the Rules for and Regulation of Community Energy Facilities, codified as 26 DE Admin. Code 3013, as final.
Depending upon comments received a final order adopting the new rules may occur before the end of the first quarter of 2026.
“[T}the Commission proposes to amend Reg. 3001 as Staff has recommended in the attached Exhibit A. 2. Staff shall work with its Deputy Attorney General and submit the appropriate documents required by 29 Del C. § 10111 et seq. and 29 Del C. § 10401 et seq. to the Delaware Office of the Registrar of Regulations (the “Registrar”) for publication of the amended Reg. 3001 PSC Regulation 3001, Order No. 10928, in the Delaware Register of Regulations.”
“Staff shall also work with its Deputy Attorney General to revise amended Reg. 3001 as recommended by the Registrar. . . . Once the amended Reg. 3001 is published in the Delaware Register of Regulations, persons wishing to submit written comments, . . . concerning the amendments may do so as provided by the published Public Notice.”
As previously reported, Staff drafted proposed amendments to Reg. 3001. On April 30, 2025, and conducted a workshop with interested stakeholders to discuss the proposed amendments. Staff did not receive any proposed changes at the workshop, and no comments were received by the written comment deadline of May 7, 2025.
“On June 4, 2025, the Commission issued Order No. 10728, approving publication of the proposed amendments to Reg. 3001 in the Delaware Register of Regulations. The proposed amendments were published in the Delaware Register of Regulations on October 1, 2025.”
“On October 29, 2025, Delmarva Power filed written comments, recommending changes to sections 7.0 (Notice of Change in Variable Price), 9.0 (Notice of Change in Fixed Price or Material Terms; Expiration; and Cancellation), and 11.0 (Enrollment, Marketing, and Advertising) of the proposed Regulation, to better protect customers.”
“The Commission held a public hearing on the proposed Regulation on November 5, 2025, where Delmarva Power submitted its October 29, 2025, written comments. Pursuant to 29 Del. C. § 10118(a), written comments would be accepted after the hearing until November 20, 2025. The Commission did not receive any additional written comments, however.”
“Staff revised the proposed Regulation to include provisions which addressed Delmarva Power’s recommended changes. The additional revisions resulted in substantive changes to the proposed Regulation. Therefore, Staff respectfully recommends that the Commission issue the proposed amendments to Reg. 3001 for republication in the Delaware Register of Regulations.”
DEPSC Docket No. Reg. 49
(Adoption Of Rules And Regulations To Implement The Provisions Of 26 Del. C. Ch. 10 Relating To The Creation Of A Competitive Market For Retail Electric Supply Service)
