Delaware Makes Cuts on Rescission Period, Customer Lists; Advances Consensus Changes to Consumer Protection Rules

The Delaware PSC recently moved to publish a final proposal for changes to retail electric market and consumer protection rules, addressing non-consensus items including the rescission period and customer lists (Regulation Docket 49).

Because of the changes contained in a consensus document authored by the Retail Energy Supply Association and Delaware Public Advocate, versus an originally published proposal, the PSC will again publish the Reg. Docket 49 rules in the December register, though such publication is seen as a formality the PSC has already reached a consensus on changes to be adopted.

The PSC accepted consensus changes among the parties, which largely reflect an earlier consensus between RESA and DPA, with some changes based on Staff feedback.

See details on the original RESA-DPA consensus changes here

Notably, Staff withdrew its proposal requiring affirmative consent for contract renewals, which would have, among other things, prohibited moving fixed rate customers who do not affirmatively respond to renewal notices to a monthly rollover/variable rate

Also, concerning security instruments, in addition to letters of credit, parties agreed to add cash, cash equivalents, certificates of deposits, preferred stock proceeds, lines of credit, loans, and other identified assets as acceptable instruments. Parental guarantees will not be accepted

Brokers will not normally be required to post a bond, but may be required to do so if deemed necessary by the PSC.

The PSC adjudicated several discrete issues on which consensus was not reached.

For example, the PSC adopted, subject to further publication, a three-day rescission period.

Additionally, the PSC ruled that customers shall have the ability to opt-out of customer lists for a three-year period. Every three years, customers will have to opt-out again to maintain their status off the list (similar to Pennsylvania)

No new information will be added to the customer lists provided to retail suppliers at this time, but the PSC indicated it would monitor the issue for potential future changes.

The Delmarva customer lists will be updated every 6 months.

The PSC has deferred work on POR and other retail market enhancements pending adoption of the revised consumer protection regulations