Delaware Opens Proceeding on Retail Market Rules; Seen as Venue for POR

The Delaware PSC has re-opened Regulation Docket 49 is to consider further revisions to the existing rules applicable to the retail electric market as set forth in 26 Del. Admin. C. §3001.

The PSC said in an order that the proposed revisions will concern the "Supplier Rules" set forth in 26 Del. Admin. C. §§3001-1.0, 2.0, 3.0, 4.0, 5.0, 6.0, and 7.0.

In addition, the PSC said that the purpose of the proposed revisions will be to consider rule changes to:

• "Ensure electric choice for Customers is more competitive and in compliance with the terms of the settlement agreement entered into by the parties in PSC Docket 10-2;

• "To provide additional protection for Customers; to require Electric Suppliers to include additional details regarding the rates, terms, and conditions of service in their offers to Customers to provide Electric Supply Services;

• "To clarify sections of the Supplier Rules;

• "To make the certification process for Electric Suppliers more uniform;

• "And to address any other pertinent issues that may arise."

Though not explicit, the rulemaking is seen as providing a forum to further address a purchase of receivables program sought by retail suppliers, who had previously requested that a separate proceeding on POR be opened (as well as a proceeding on SOS structure and procurement, but due to statutory considerations, it was not clear whether the PSC considers it appropriate to consider SOS structure in the instant rulemaking or another appropriate proceeding).

The PSC directed that a workgroup be formed to address the proposed revisions. The workgroup will consist of Commission Staff, the Division of the Public Advocate, Electric Suppliers, Delmarva Power & Light Company, the Retail Energy Supply Association, NRG Energy, Inc., and any other interested party who files a petition for intervention as provided in 26 Del. Admin. C. §1001-2.9.