26 Del. Admin. Code § 3001-1.0
The following words and terms, when used in this regulation, have the following meaning:
"Affiliate interest" means:
"Agent" means a person who conducts marketing or sales activities, or both, interacting directly with customers based on a contractual arrangement with and on behalf of an electric supplier. Agent does not include brokers or aggregators.
"Aggregator" means any person or entity who contracts with an electric supplier or PJM (or its successor) to provide energy services, which facilitate battery storage systems for grid-integrated electric vehicles and related technologies.
"Ancillary services" means services that are necessary for the transmission and distribution of electricity from supply sources to loads and for maintaining reliable operation of the transmission and distribution system.
"Applicant" means:
"Broker" means an entity or that acts as an agent or intermediary on behalf of the customer in the sale or purchase of, but that does not take title to, electricity for sale to retail electric customers.
"Business day" means any calendar day except Saturdays, Sundays or legal holidays as defined in 1 Del.C. § 501.
"Commission" means the Delaware Public Service Commission.
"Contract" means the total legal obligation resulting from the parties' agreement as effected by these Regulations and other applicable law. Contracts for Electric Supply Service must be accompanied by a contract summary.
"Contract summary" means a written summary of the material terms and conditions of service between an Electric supplier and a residential customer or small commercial customer. If the terms of the contract summary differ from the terms of the contract, then the provision most favorable to the customer shall control.
"Cooperative" or "DEC" means Delaware Electric Cooperative, Inc. or its s successors.
"Cramming" means the prohibited practice of charging customers for services that they have not ordered or have been sold in a deceptive manner such that the customer is not reasonably aware of the nature or price of the service for which he or she is being charged.
"Customer" means a purchaser of electricity with a Delmarva account number for ultimate consumption and not for resale in Delaware, including the owner/operator of any building or facility, but not the occupants thereof, who purchases and supplies electricity to the occupants of such building or facility.
"Delmarva" or "DP&L" means Delmarva Power & Light Company or its successors.
"Distribution facilities" means electric facilities located in Delaware that are owned by a public utility that operate at voltages of 34,500 volts or below and that are used to deliver electricity to customers, up through and including the point of physical connection with electric facilities owned by the customers.
"Distribution services" means those services, including metering, relating to the delivery of electricity to a customer through distribution facilities.
"Door-to-door sale" means a sale, or offer of contracts for sale, in which the electric supplier or its agent, personally solicits a residential customer or small commercial customer to sell electric supply service. This term includes sales made at a place other than the electric supplier's place of business. This term does not include:
"DPA" means the Delaware Division of the Public Advocate.
"Electric distribution company" or "EDC" means a public utility owning or operating Transmission or distribution facilities in Delaware.
"Electric supplier" means an entity or person certified by the Commission that sells electricity to customers utilizing the transmission or distribution facilities of a nonaffiliated EDC, as defined in 26 Del.C. § 1001(14), including:
"Electric supplier certificate" or "ESC" means a certificate granted by the Commission to electric suppliers that have fulfilled the Commission's certification requirements. The order approving an applicant's application for certification as an electric supplier, marketer, or broker shall serve as the electric supplier certificate.
"Electric supply service" means the provision of electricity and related services to customers, as defined in 26 Del.C. § 1001(15).
"Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities, as defined in 6 Del.C. 12A-§102(5).
"Electronic mail" or "e-mail" means any message transmitted through the internet including messages transmitted to or from any address affiliated with an internet site.
"Electronic signature" means an electronic sound, symbol, or process attached to or logically associated with a document or record and executed or adopted by a person with the intent to sign the document or record, as defined in 6 Del.C. § 12A-102(9).
"FERC" means the Federal Energy Regulatory Commission.
"Fixed price" means a price that will remain the same for at least three billing cycles or the term of the contract, whichever is longer.
"GATS" means the Generation Attribute Tracking System developed by PJM-EIS.
"Grid-integrated electric vehicle" means a battery-run motor vehicle that has the ability for two-way power flow between the vehicle and the electric grid and the communications hardware and software that allow for the external control of battery charging and discharging by an electric distribution company, electric supplier PJM Interconnection, or an aggregator."
"Introductory price" means a price offered by an electric supplier for new customers that will remain the same for a limited period of time between one and three billing cycles followed by a different fixed or variable price that will be in effect for the remaining billing cycles of the contract term, consistent with terms and conditions in the contract.
"Marketer" means an entity or person that purchases and takes title to electricity for sale to customers in this State, as defined in 26 Del.C. § 1001(19).
"Person" means a natural person; a corporation, partnership, association, public trust, joint stock company, joint venture, or other group of persons, whether incorporated or not; a trustee or receiver of the foregoing; a municipality or other political subdivision of the State of Delaware; and any other governmental agency or any officer, agent or employee of such agency.
"PJM Interconnection, LLC" or "PJM" means the Regional Transmission Organization ("RTO") that is responsible for wholesale energy markets and the interstate transmission of energy throughout a multi-state area, or its successor organization.
"PJM-EIS" means PJM-Environmental Information Services, Inc.
"Price" or "rate" means all charges (excluding taxes), including fixed or variable, to be charged by the electric supplier for electric supply service.
"Public event" means an event in a public location at which an electric supplier may market and solicit residential customers and small commercial customers to enroll.
"Rescission period" means the time period within which a residential customer or small commercial customer may choose to cancel, without penalty, a contract for Electric Supply Service with an electric supplier.
"Residential customer" means a retail electric customer eligible to take service classified as residential under the tariff of the customer's electric distribution company currently on file with the Commission.
"Slamming" means the prohibited unauthorized enrollment of a customer without the customer's permission or the unauthorized transfer of a customer to another electric supplier.
"Small commercial customer" means a customer taking service under a current electric distribution company tariff governing service classification "small general service-non demand rate" or the current Cooperative tariff governing service classification "general service". However, for the purposes of this regulation, any small commercial customer who has joined with an affiliated non-small commercial customer or a non-residential customer for the purpose of contracting for electric supply service shall be exempt from the definition of a small commercial customer.
"Staff" means full-time professional employees of, and outside counsel and consultants retained by, the Commission who render advice to the Commission.
"Standard offer service" or "SOS" means the provision of electric supply service by a standard offer service supplier to customers who do not otherwise receive electric supply service from an electric supplier, as defined in 26 Del.C. § 1001(23).
"Standard offer service supplier" or "SOSS" means an EDC serving within its certificated territory, as defined in 26 Del.C. § 1001(24).
"State" means the State of Delaware.
"Telemarketing" means any unsolicited telephone calls initiated by, or on behalf of, an electric supplier to a residential customer or small commercial customer in order to market Electric Supply Service.
"TPV" means a third-party verification used as a method to record consent from a residential customer or small commercial customer agreeing to each of the materials in this regulation and contract terms that is recorded by an independent person not party to the agreement or that may be performed by an automated, computerized system. To be valid, the TPV must occur without the presence of the sales agent, and at the outset must describe how the residential customer or small commercial customer can cancel the TPV and the enrollment at any time prior to completion without penalty. The consent from the residential customer or small commercial customer must be given without unreasonable assistance from the individual conducting the TPV and must include an acknowledgement from the residential customer or small commercial customer:
"Transmission services" means the delivery of electricity from supply sources through electric facilities located in Delaware, including those in offshore waters and integrated with onshore electric facilities, and owned by a public utility that operate at voltages above 34,500 volts and that are used to transmit and deliver electricity to customers (including any customers taking electric service under interruptible rate schedules as of December 31, 1998) up through and including the point of physical connection with electric facilities owned by the customer.
"Variable price" means a price that can change from month to month (but not more frequently) on a residential customer or small commercial customer's bill according to the terms and conditions in the contract.
"VREC" or "Voluntary Renewable Energy Credit" means a tradable instrument comprised of all the generation attributes equal to 1 megawatt-hour of electricity derived from the types of renewable energy sources listed in 26 Del.C. § 352(6)(a)-(i) and that is generated via PJM-EIS GATS, its successor, another regional renewable energy certificate tracking system, or Green e-Energy and used to track and verify compliance with the provisions of this regulation.
"Written notice" means notice in writing, mailed by First Class mail to the person who is being given notice, sent to the current billing address as shown on the records of the electric distribution company, or electric supplier or via electronic mail to a valid e-mail address if the customer authorizes the receipt of the applicable communication via electronic means and provides a valid e-mail address.
26 Del. Admin. Code § 3001-1.0
27 DE Reg. 262 (10/1/2023)
27 DE Reg. 983 (6/1/2024) (Final)