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Department of State : Delaware Public Service Commission

WATER REGULATION IN DELAWARE

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ROLE OF THE COMMISSION

Most aspects of water distribution, including the rates that can be charged, are regulated by the PSC;however, other matters such as water quality are also regulated by other state and federal agencies. Additionally, if any water utility wishes to expand its service territory, it must apply for and be granted a Certificate of Public Convenience and Necessity (CPCN).

In July 2001, the General Assembly and the Governor enacted a new 26 Del. C. Section 314 whereby water utilities subject to the Commission's jurisdiction are authorized to initiate and thereafter revise a "Distribution System Improvement Charge" ("DSIC Rate"). Under this DSIC Rate mechanism, a water utility - during the period between its full rate case proceedings - may recover its depreciation expenses and an additional amount of return (pre-tax) associated with its capital investments in completed "eligible distribution system improvements."

The Commission does not regulate the water services of municipalities or governmental authorities, with the exception of granting, under certain circumstances, CPCNs to those entities.

REGULATED UTILITIES

CONSUMER INFORMATION

IMPORTANT OR PENDING CASES

A complete list of all electric related cases filed with the Commission is available on the Commission's Regulated Utility Filings page.

Following is a list of cases that have, or are likely to, generate a significant amount of public interest. To assist the public with participation in these matters, links to the application or formal complaint, the procedural schedule (if applicable), and Commission Orders entered in a case are provided here. In limited cases, additional documents are available for viewing from the website.

All case related documents are available for review by appointment at the Commission Office in Dover, Delaware, or at the Office of the Public Advocate in Wilmington, Delaware.

  • On May 4, 2010, the Commission adopted PSC Order No. 7440 adopting proposed regulations to replace the existing "Regulations Governing Certificates of Public Convenience and Necessity for Water Utilities." The proposed regulations will be published in the June 2010 Registrar of Regulations. The Commission will accept comments on these proposed rules through June 30, 2010. Additional information regarding the proposed rules and where to direct comments may be found in the Public Notice of Proposed Rule-Making.
  • Pending Water and Wastewater CPCN Applications: Applications for a Certificate of Public Convenience and Necessity (CPCN) filed by water and wastewater utilities are available for review from this page.


  • PSC Docket No. 11-397 IN THE MATTER OF THE APPLICATION FILED BY TIDEWATER UTILITIES, INC. FOR A GENERAL RATE INCREASE (FILED SEPTEMBER 15, 2011) Tidewater Utilities, Inc filed an application and supporting testimonies for a general increase in rates in the amount of $6,852,236, a 29.37% increase in annual revenues.
      Public Comment Sessions
    • Public Comment Sessions were held on January 11, 2012 in Dover, January 18 in Georgetown and January 25 in Townsend. Please refer to the attached Notice.

      Procedural Schedule
    • This schedule lists various deadlines in this case. It also sets the evidentiary hearing for May 30, 2012 at the Commission's office in Dover.

      Evidentiary Hearing
    • The evidentiary hearing will be held on May 30, 2012. Please refer to the public notice for more information.

  • PSC Docket No. 11-207 In the matter of the Application of Artesian Water Company, Inc, for an increase in water rates. Artesian Water Company, Inc. filed an Application and Supporting Testimonies for a general increase in rates in the amount of $10,926,304, a 19.45% increase in annual revenues. (Filed April 11, 2011)
      Public Comment Session
    • Public Comment Sessions were held on July 25, 2011 in New Castle County, July 26, 2011 in Sussex County and July 27, 2011 in Kent County. Refer to the Public Notice for additional information.

      Settlement Agreement
    • On November 22, 2011 the parties submitted a Settlement Agreement to the Commission.

      Evidentiary Hearing
    • The Evidentiary Hearing will be held at the Commission meeting on December 20, 2011 at 1:00 pm. Refer to the Public Notice for additional information.

  • PSC REGULATION DOCKET NO. 63 - IN THE MATTER OF THE ADOPTION OF REGULATIONS GOVERNING ADMINISTRATION OF THE WATER UTILITY DISTRIBUTION SYSTEM IMPROVEMENTS CHARGE AND THE UTILITY FACILITY RELOCATION CHARGE PROVIDED FOR IN 26 DEL.C. SECTIONS 314 AND 315 (OPENED JANUARY 31, 2012)- Order No. 8103 approving for publication and comment new regulations to implement and administer the Distribution System Improvement Charge and Utility Facility Relocation Charge was approved by the Commission on January 31, 2012. A copy of Order No. 8013, as published in the March 2012 Delaware Register of Regulations, can be found here. On April 17, 2011, the Commission approved the regulations in Order 8138.

    • LOCAL, REGIONAL AND NATIONAL ISSUES

    • Water Supply Self Sufficiency Act: As a result of the drought emergency of 2002, the State of Delaware adopted policies requiring private and public water utilities in northern New Castle County to implement policies to ensure adequate water supplies to meet present and future needs. These utilities must develop interconnection commitments, implement rate structures and periodically certify the adequacy of water supplies. Specifically, Section 1406 of Title 26 of the Delaware Code requires each water utility in the drought sensitive area to adopt rates with either an inverted block structure or a seasonal rate structure. The Commission's responsibility is to ensure that the affected utilities respond to those requirements of the Code with tariff rates and rules that are revenue neutral and that promote conservation. Also under the Water Supply Self-Sufficiency Act of 2003, water utilities under the jurisdiction of the Commission serving customers in northern New Castle County - United Water Delaware, Inc. and Artesian Water Company, Inc. - must file on or before July 1, 2006, and every three years thereafter, a consumer conservation plan and a certification of adequate water supply for the following three-years. Documents related to the 2009 filings are available below:
    • The Water Committee of the National Association of Regulatory Utility Commissioners("NARUC") seeks to foster an awareness and understanding of the issues affecting the water industry.
Last Updated: Thursday, 03-May-2012 10:38:15 EDT
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