26 Del. Admin. Code 1000, 1002

Current through Register Vol. 27, No. 12, June 1, 2024
Minimum Filing Requirements for All Regulated Companies Subject to the Jurisdiction of the Public Service Commission General Information

General Information

Purpose of Minimum Filing Requirements

The Commission believes that the adoption of Minimum Filing Requirements for all utilities is in the public interest. The primary purpose of prescribing Minimum Filing Requirements is to expedite action on utility applications for rate relief by clarifying the preliminary information necessary to investigate the applications. Action will be expedited if most of the basic supporting information is furnished at the time of the filing of an application rather than being supplied in response to interrogatories or otherwise brought out on a piecemeal basis in time-consuming technical hearings. Furthermore, the Commission believes it is desirable to standardize, to the greatest extent possible, the format for the presentation of financial and operating data to the Commission for ease of understanding and comprehension by all parties involved.

Compliance With Minimum Filing Requirements

The Commission intends that the required information be furnished in accordance with the format and instructions furnished herein. If exceptions are requested or proposed, they should be fully explained and justified. Exceptions may be granted if good cause is shown by the utility. The Commission Staff will review all filings for compliance with the format and instructions furnished herein and notify the utility within 15 calendar days after the date of filing of any defects in compliance. The utility after such notification by the Commission Staff will then have 15 calendar days to correct these defects. The filing date for the utility's application will be the date filed when the Staff confirms that all identified deficiencies have been remedied and the proposed rates have not changed as a result of the utility's correction of the identified deficiencies. If the utility fails to correct its deficiencies in the 15 calendar day period, Staff will notify the utility that the filing date of the application will be the date that all deficiencies are remedied.

If the utility files a supplemental application seeking approval of rates that are different from the rates proposed in the original application, the filing date will be the date of filing the supplemental application. Quarterly financial updates to actuals and revised rates included in rebuttal testimony will not trigger a new filing date.

General Rate Increase Defined

A general rate increase is generally defined as an application by a regulated utility for an increase in rates which meets one or more of the following guidelines:

1. Any increase in base rates for the basic service rendered (other than cost adjustment clauses - Part C);
2. Any rate change which would increase jurisdictional operating revenues by more than 1%; and
3. Any tariff change which would impact more than 1% of the existing customers but may have no overall revenue effect.

The following generally would not meet the criteria set forth above:

1. A tariff filing reflecting a change in text without a change in rate;
2. A tariff filing to establish a rate for a new service;
3. A tariff filing to change or increase a single non-recurring charge; and
4. Any changes in rates for non-jurisdictional services.

Following is a brief description of the various sections of the Minimum Filing Requirements:

Part A - Rate Increase Applications - Major Utilities

Part A applies to utilities or divisions thereof with annual gross intra-State revenues of $1 million or more (at time of filing). A utility with less than $1 million of annual intra-State revenues, but whose intra-State revenues would exceed $1 million if the proposed rates were to become effective, is subject to Part A of these regulations.

Part B - Rate Increase Applications - Small Utilities

Utilities with less than $1 million of annual gross intra-State revenues are subject to Part B.

Part C - Cost Adjustment Clauses - All Utilities

This section has never been promulgated.

Part D - Issuance of Securities - All Utilities

All utilities which are required to obtain Commission approval for the issuance of securities, such as common stock, preferred stock, or long-term debt, must comply with the requirements of Part D at the time application is made for issuance of securities.

Part E - Quarterly Reporting Requirements - Major Utilities

All major utilities, except. telecommunications and cable, subject to the jurisdiction of the Commission (i.e., those with annual gross intra-State revenues of $1 million or more) must file quarterly per books financial information including balance sheet, rate base statement, income statement, and statement of revenues by detailed Uniform System of Accounts. Such utilities should file the required financial data relative to the twelve months ended each calendar quarter not later than 60 calendar days following the reporting quarter. If the utility needs to request an extension, a letter should be sent to the Executive Director explaining the reason for such extension. All quarterly report filings shall be made via e-filing unless the utility obtains prior written permission from the Executive Director or Deputy Director.

Part F - Annual Reporting Requirements - Small Utilities

All small utilities subject to the jurisdiction of the Commission must file annually in accordance with the applicable section of Part F. Such utilities are required to file the required financial data relative to each calendar year not later than March 31 of the year following the reporting year.

Part G - Expedited Rate Change for Purchased Water and Electricity Costs by Class A Water Companies

Not in Effect.

26 Del. Admin. Code 1000, 1002

27 DE Reg. 117 (8/1/2023) (Final)