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Retail Suppliers Seek 75-Day Implementation Period For Expected New Variable Rate & Other Marketing Rules
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The Retail Energy Supply Association has requested that the Delaware PSC provide a transition period of 75 days for retail electric suppliers to comply with new marketing rules anticipated to be adopted by the PSC on July 15.
As previously reported, the PSC appears to have settled on the substance of the new electric supplier rules, but, due to material changes in the rules' language (around which the PSC ultimately coalesced) made during the most recent hearing, the rules had to be subject to another round of public comment
Among other things, the pending proposed rules would require retail electric suppliers to affirmatively notify residential and small commercial customers of variable rate changes. However, as previously reported, such affirmative notice is no longer proposed to be required via multiple different communication methods
More specifically, the currently pending proposal 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 proposed rules would also generally adopt a Pennsylvania-style fixed rate renewal notice requirement, with an initial notice and an options notice
Suppliers may continue to serve customers via auto-renewal, after providing the new notices.
Concerning marketing, the draft rules provide that a retail supplier's "solicitation, advertising and marketing materials" must include the following statements:
• State that the electric supplier does not represent the utility
• State that the electric supplier does not represent any government agency
In doing so, the supplier does not need to refer to the utility or government agency by specific name (i.e., suppliers don't have to affirmatively state that the supplier does not represent "Delmarva", just "the utility")
See full background on the draft rules here
RESA noted that the proposed rules, "substantially alter the notices required for variable price changes, the information that must be included in solicitations, advertising, and marketing materials, and what agents must say to prospective customers."
"These changes will require electric suppliers to implement changes to internal operating systems and procedures, and to alter their training materials and processes for their agents," RESA said
As such, RESA said, "To ensure proper compliance, RESA requests that the Commission allow for a 75-day transition period for the revised Rules to take effect."
RESA noted that, in implementing rule changes in 2017, the PSC granted an approximately 70-day period between rule adoption and the rules' effective date
RESA and Delmarva Power each separately also offered clarifying changes to the current draft rules
The draft rules would newly require that retail electric suppliers shall send written notice of enrollment to customers within 7 calendar days of enrollment.
For clarity, Delmarva suggests that this requirement be that suppliers must send written notice to the customer, "within 7 calendar days of the utility’s notice to the supplier of enrollment acceptance".
Concerning the proposed fixed rate renewal notices, RESA cited an apparent scrivener’s error in which certain language was immediately repeated (not in another section, but immediately after the first use of the language) and in which an intended provision was omitted. RESA said that this apparently unintentionally omitted provision should provide that the initial fixed rate expiration notice should include: "A statement indicating when a follow-up options notice shall be issued with details regarding the proposed change."
Regulation Docket 3001 (formerly Reg. Docket 49)
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July 13, 2026
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Copyright 2026 EnergyChoiceMatters.com
Reporting by Paul Ring • ring@energychoicematters.com
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