|
|
|
|
|
PSC Adopts Final Rules Requiring Retail Suppliers To Provide Notice Of Rate Changes; Other Marketing Rule Changes
The following story is brought free of charge to readers by VertexOne, the exclusive EDI provider of EnergyChoiceMatters.com
The Delaware PSC adopted final rule language for changes to the retail electric supplier marketing rules, including changes requiring variable rate notices and fixed rate renewal notices
The PSC voted to publish the final rules in the state register. PSC Staff stated an intent to publish the adopted rules in the September 1 register.
The PSC ordered that the final rules are to be effective 75 days after publication in the register
The Retail Energy Supply Association had sought a 75-day implementation period
Among other things, the rules voted to be published as final require retail electric suppliers to affirmatively notify residential and small commercial customers of variable rate changes. However, as previously reported, such affirmative notice requirement, in the final language, is no longer required to be provided via multiple different communication methods, as had been proposed earlier
More specifically, the final rule language 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 final rules also generally adopt a Pennsylvania-style fixed rate renewal notice requirement for residential and small commercial customers, with an initial notice (45 to 60 days prior to the expiration) and an options notice (at least 30 days prior to the expiration). Only the options notice is required to include, "Information regarding new pricing or renewal pricing including the price to be charged, per kilowatt-hour,
for the first billing cycle of electric supplier service".
Suppliers may continue to serve customers via auto-renewal, after providing the new notices.
Concerning marketing, the final rules provide that a retail supplier's "solicitation, advertising and marketing materials" to residential customers 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")
The final rules provide that, when leaving a voicemail for a telephone solicitation, the electric supplier or its agent shall state: (1) The agent’s name; (2) The name of the electric supplier that the agent is representing (an agent representing multiple
electric suppliers must identify each electric supplier; and (3) That the purpose of the telephone call is to sell electric supply service.
Under the final language, retail suppliers shall send written notice of enrollment to customers within 7 calendar days of
the utility’s notice to the suppler of enrollment acceptance.
The process for adopting the new rules was initiated prior to recent legislation, still pending Governor action (as of publication time), for retail market changes in Delaware, with such pending legislation including much more significant market changes, such as limits on residential pricing, product term length, and auto-renewals. The new rules do not include any policies responsive to the pending legislation
During the PSC's meeting adopting the rules, PSC Commissioner Michael Richard again suggested that the PSC hold a public briefing on the current state of retail electric choice in the state (see more details here)
During a discussion with Richard, who was formerly a Commissioner at the Maryland PSC, Delaware PSC Chair Harold Gray noted the Maryland's PSC prior "Wall of Shame" for suppliers that were not performing in a good manner, without specifically proposing that a similar tool be used in Delaware
Regulation Docket 3001 (formerly Reg. Docket 49)
ADVERTISEMENT Copyright 2026 EnergyChoiceMatters.com. Unauthorized copying, retransmission, or republication
prohibited. You are not permitted to copy any work or text of EnergyChoiceMatters.com without the separate and express written consent of EnergyChoiceMatters.com
PSC Chair Notes Other State's "Wall of Shame" For Bad Actor Retail Suppliers
August 6, 2026
Email This Story
Copyright 2026 EnergyChoiceMatters.com
Reporting by Paul Ring • ring@energychoicematters.com
NEW Jobs on RetailEnergyJobs.com:
• NEW -- Strategic Sales Channels Manager - Retail Supplier
• NEW -- Controller - Retail Provider
• NEW -- Manager, Product I - VXRetail (Retail Energy)
• Refreshed 5/27/26 -- Manager, ISO Coordination (electricity), Retail Supplier
|
|
|
|
|