Statutes, codes, and regulations
Delaware Administrative Code
Title 26 - Public UtilitiesGeneral Regulations
Regulations Governing Tariffs Which Set Forth Rates, Terms, and Conditions for the Attachment to Any Pole, Duct, Conduit, Right-of-Way, or Other Similar Facilities of Any Public Utility
Section 1004-6.0 - Commission Approval Of Attachment Agreements

26 Del. Admin. Code § 1004-6.0

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Current through Register Vol. 28, No. 5, November 1, 2024
Section 1004-6.0 - Commission Approval Of Attachment Agreements
6.1 Notice of Filing
6.1.1 Existing Agreements
6.1.1.1 Each public utility filing an existing agreement under §5.1 shall provide written notice of such filing to each attaching entity which is a party to such agreement. Such notice shall contain a brief explanation of such attaching entity's rights under §§6.2 and 6.3 and shall include a copy of these regulations. Proof of the sending of such notices shall be filed with the Commission within forty-five (45) days of the effective date of these regulations.
6.1.1.2 Within forty-five (45) days of the effective date of these regulations, the Commission shall cause a notice of the filing of all such existing agreements to be published in accordance with 26 Del.C. § 102A. Such notice shall contain a brief explanation of the purpose of such filing and the rights of any interested person to file written comments or seek formal proceedings before the Commission.
6.1.2 Future Agreements
6.1.2.1 Each public utility filing a future attachment agreement under §5.2 shall submit therewith a written statement from the attaching entity(ies) party thereto acknowledging receipt of a copy of these regulations and knowledge of such attaching entity's rights under §§6.2 and 6.3 hereof.
6.1.2.2 In addition to the written acknowledgement requirement under §6.1.2.1 above, each public utility filing a future agreement under §5.2 shall cause notice of such filing to be published in accordance with 26 Del.C. § 102A. Such notice shall contain a brief explanation of the purpose of such filing and the right of any interested person to file written comments or seek formal proceedings before the Commission. Proof of the publication of such notice shall be filed with the Commission within fifteen (15) days of such future agreements under §5.2.
6.2 Presumption of Regularity; Complaints; Burden of Proof
6.2.1 Presumption of Regularity

In recognition of the fact that attachment agreements are the result of arms-length negotiations conducted within regulatorily-established perimeters and subject to administrative review, all such agreements filed with the Commission shall be presumed to comply with the standards set out in §7 of these regulations.

6.2.2 Complaints, Investigations, Filing Deadlines
6.2.2.1 Upon written complaint of: the Public Advocate; any interested member of the public who is determined to have sufficient standing; any public utility or attaching entity which is a party to such agreement; or upon its own initiative, the Commission may conduct an investigation into the terms of any attachment agreement filed with it for conformance with the standards set out in §7.
6.2.2.2 Any complaint filed under this section shall specify with particularity those aspects of the agreement(s) complained of and the reasons therefor.
6.2.2.3 Complaints regarding future agreements shall be filed within ninety (90) days of the filing of such agreements with the Commission under §5.2.
6.2.3 Complaint Proceedings; Burden of Proof

Any proceeding under this section shall be conducted in accordance with the Delaware Administrative Procedures Act, the Commission's "Rules of Practice" and these Regulations [to the extent each may be applicable. However, to the extent the matters at issue involve the Commission's legislative ratemaking authority, the Commission may proceed accordingly, and the utility shall have the burden of proof to establish that its proposed terms, conditions, and rates for the proposed attachment are just and reasonable.]

6.3 Commission Approval
6.3.1 Any attachment agreement filed with the Commission shall be deemed to have final Commission approval if no written complaint has been filed within the time limits established by §6.2.2.3 above; provided, however, that the Commission may, upon its own initiative, commence an investigation into the terms of an attachment agreement at any time, modifying such agreement prospectively, by final Order, upon the conclusion of such investigation.
6.3.2 In the event a written complaint is timely filed under §6.2.2.3, such attachment agreement shall remain subject to modification, retroactively, by the Commission until finally approved at the conclusion of such proceedings as the Commission deems appropriate.

26 Del. Admin. Code § 1004-6.0

27 DE Reg. 891 (5/1/2024) (Final)