Public Utilities Act
Delaware · Public Utilities · §§ 26-101 to 26-711 · 106 sections
Overview
The Public Utilities Act places the provision of utility service — including electric, water, wastewater, and associated transmission and interconnection facilities — under the supervision of a regulatory commission, and creates that commission by fixing its membership, appointment, terms, removal, compensation, staffing, conflict-of-interest bars, and meeting and quorum procedures, with its costs funded through assessments on regulated utilities' revenues. The commission is given general jurisdiction over public utilities, subject to stated limits, and the act's central mechanism is the certificate of public convenience and necessity, which a utility must obtain before beginning, extending, abandoning, or discontinuing service, with related provisions allocating service territories and requiring approval for mergers, transfers of property or control, securities issuances, and assumptions of obligations. Supporting oversight tools include mandatory reports and accident notices, prescribed books and systems of accounts, commission-set standards for service, equipment, measurement, and metering, powers of investigation, hearing, and inspection of utility property and records, and consumer-side rules on charges and fees and on termination or continuation of residential service.
Editorial summary generated from the text of this act. It is not part of the statute — read the sections below for the operative language.
Sections covered
- Del. Code tit. 26, § 101Short title
- Del. Code tit. 26, § 102Definitions
- Del. Code tit. 26, § 102APublic notice
- Del. Code tit. 26, § 103Composition; appointment; term; qualifications; vacancies; Chairman
- Del. Code tit. 26, § 104Removal of Commissioner
- Del. Code tit. 26, § 105Compensation of Commissioners
- Del. Code tit. 26, § 106Office; seal; rules; meetings
- Del. Code tit. 26, § 107Quorum
- Del. Code tit. 26, § 108Personnel
- Del. Code tit. 26, § 109Disqualification for serving as member or employee of Commission
- Del. Code tit. 26, § 110Travel expense
- Del. Code tit. 26, § 111Expenditures
- Del. Code tit. 26, § 112Copies of official documents and orders
- Del. Code tit. 26, § 113Testimony by member, employee or investigator of Commission
- Del. Code tit. 26, § 114Charges and fees; costs and expenses of proceedings
- Del. Code tit. 26, § 115Public policy; regulatory assessment; definition of revenue; returns; collection of assessment
- Del. Code tit. 26, § 116Delaware Public Utility Regulatory Revolving Fund; deposit of moneys collected
- Del. Code tit. 26, § 117Termination of service or sale to a dwelling unit
- Del. Code tit. 26, § 118Continuation of service for activated Reserve and National Guard military personnel
- Del. Code tit. 26, § 201General jurisdiction and powers
- Del. Code tit. 26, § 202Limitations on jurisdiction of Commission
- Del. Code tit. 26, § 203Public Service Commission › Jurisdiction and Powers
- Del. Code tit. 26, § 203ACertificate of public convenience and necessity; abandonment or discontinuance of business, operations or service
- Del. Code tit. 26, § 203BService territories for electric utilities
- Del. Code tit. 26, § 203CCertificates of public convenience and necessity for water utilities
- Del. Code tit. 26, § 203DCertificates of public convenience and necessity for wastewater utilities
- Del. Code tit. 26, § 203ECertificate of public convenience and necessity for new electric transmission utilities
- Del. Code tit. 26, § 203FCertificate of public convenience and necessity for renewable energy interconnection facilities
- Del. Code tit. 26, § 204Extension of utilities’ facilities
- Del. Code tit. 26, § 205Reports by public utilities
- Del. Code tit. 26, § 206Investigations
- Del. Code tit. 26, § 207Access to, inspection and examination of utility’s property, records, etc
- Del. Code tit. 26, § 208Books, records, accounts, systems of accounts, etc. of utility
- Del. Code tit. 26, § 209Standards, classifications, regulations, practices, measurements, services, property and equipment of public utility
- Del. Code tit. 26, § 210Standards for measurement of supply of product; examinations and tests of product
- Del. Code tit. 26, § 211Meters and measuring appliances
- Del. Code tit. 26, § 212Compliance with laws, ordinances and charter
- Del. Code tit. 26, § 213Notice and report of accidents; disclosure; admissibility as evidence
- Del. Code tit. 26, § 214Joint investigations, hearings and orders; cooperation with agencies of other states or of the United States
- Del. Code tit. 26, § 215Merger, mortgage or transfer of property; issuance of securities; assumption of obligation of another; transfer of control; exceptions
- Del. Code tit. 26, § 216Free passes, franks, products or services
- Del. Code tit. 26, § 217Compliance with Commission’s orders; penalty
- Del. Code tit. 26, § 218Violations and penalties
- Del. Code tit. 26, § 219Powers of Commission over public water suppliers
- Del. Code tit. 26, § 220Telecommunications service for persons who have deafness, hearing loss, or speech disabilities for wireline communications service and devices [Effective July 21, 2026]
- Del. Code tit. 26, § 221Telecommunications Relay Service Advisory Committee
- Del. Code tit. 26, § 222Exemption from criminal and civil liability
- Del. Code tit. 26, § 223Electric cooperative’s election to be exempt from regulation
- Del. Code tit. 26, § 224Regulations governing exempt electric cooperatives
- Del. Code tit. 26, § 225Lead paint on outdoor structures
- Del. Code tit. 26, § 301Rate schedule and rate classifications
- Del. Code tit. 26, § 302Determination of rate base
- Del. Code tit. 26, § 303Unjust or unreasonable rates and preferences; change in fuel adjustment rate; economic development credit for qualifying corporations
- Del. Code tit. 26, § 304Rate changes; notice
- Del. Code tit. 26, § 305Hearing on rate change
- Del. Code tit. 26, § 306Effective date of rate change; refund bond
- Del. Code tit. 26, § 307Burden of proof; speedy determination
- Del. Code tit. 26, § 308Service as a factor in the Commission’s regulation of a public utility
- Del. Code tit. 26, § 309Rate change by Commission initiative
- Del. Code tit. 26, § 310Temporary rate reduction on order of Commission
- Del. Code tit. 26, § 311Determination of rate by Commission
- Del. Code tit. 26, § 312Action for refund of unauthorized rate increase
- Del. Code tit. 26, § 313Depreciation account
- Del. Code tit. 26, § 314Water Utility Distribution System Improvement Charge
- Del. Code tit. 26, § 315Electric and natural gas utility distribution system improvement charge
- Del. Code tit. 26, § 316Cost recovery prohibitions
- Del. Code tit. 26, § 401Resident agent
- Del. Code tit. 26, § 402Previous and current meter readings
- Del. Code tit. 26, § 403Expansion of facilities and services of water companies in State
- Del. Code tit. 26, § 404Relocation of residential gas meters and other equipment [For application of this section, see 80 Del. Laws, c. 309, § 2]
- Del. Code tit. 26, § 501Investigations, inquiries or hearings by Commission, its members or representatives
- Del. Code tit. 26, § 502Investigation, inquiry or hearing conducted by examiner
- Del. Code tit. 26, § 503Rules governing conduct of hearings; findings and order
- Del. Code tit. 26, § 504Compelling attendance of witnesses and production of documents; oaths; subpoenas
- Del. Code tit. 26, § 505Witness fees and mileage
- Del. Code tit. 26, § 506Refusal to obey subpoena, answer question or produce documents; contempt
- Del. Code tit. 26, § 507Privilege against self-incrimination
- Del. Code tit. 26, § 508Depositions of witnesses
- Del. Code tit. 26, § 509Effective date and service of orders
- Del. Code tit. 26, § 510Appeal from Commission’s order
- Del. Code tit. 26, § 511Stay pending appeal
- Del. Code tit. 26, § 512Settlements are to be encouraged
- Del. Code tit. 26, § 601Cable television franchise; requirement therefor; authority to issue; application, notice and hearing requirements
- Del. Code tit. 26, § 602Contents of application
- Del. Code tit. 26, § 603Hearing and franchising procedures
- Del. Code tit. 26, § 604Franchise terms
- Del. Code tit. 26, § 605Additional powers of the Commission
- Del. Code tit. 26, § 606Termination of franchise for failing to comply with its terms
- Del. Code tit. 26, § 607Franchising of existing unfranchised cable television systems
- Del. Code tit. 26, § 608Municipal franchises
- Del. Code tit. 26, § 609Transfer of franchise or control of franchise
- Del. Code tit. 26, § 610Payments to Commission
- Del. Code tit. 26, § 611Certificate of compliance
- Del. Code tit. 26, § 612Occupancy of public ways
- Del. Code tit. 26, § 613Acquisition by franchisees of easements
- Del. Code tit. 26, § 614Criminal penalties
- Del. Code tit. 26, § 615Judicial review and enforcement of acts by a Commission
- Del. Code tit. 26, § 616Preemption
- Del. Code tit. 26, § 704Election of a telecommunications service provider to be governed by this subchapter
- Del. Code tit. 26, § 705Definitions
- Del. Code tit. 26, § 706Offering, classification and abandonment of service
- Del. Code tit. 26, § 707Provision of basic services
- Del. Code tit. 26, § 708Provision of competitive services
- Del. Code tit. 26, § 709Delaware Broadband Fund
- Del. Code tit. 26, § 710Regulatory assessment
- Del. Code tit. 26, § 711Plan for technological investment and deployment
Enacted in other states
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