26 Del. Admin. Code § 1001-1.0

Current through Register Vol. 28, No. 7, January 1, 2025

Section 1001-1.0 - General Provisions

1.1 Applicability and Construction of Rules, Specific Orders, and Waiver

1.1.1 These rules govern practice and procedure in all matters before the Commission and shall be liberally construed to secure a just, fair, convenient, economical and expeditious determination in accord with the Commission's statutory and public responsibilities.

1.1.2 Nothing in these rules shall preclude the Commission, in the exercise of its statutory duties and where circumstances reasonably require, from prescribing different procedures to apply to specific proceedings.

1.2 Definitions

"Application" means a document in which a person seeks a certification, permit, license, or other approval, ruling or authorization from the Commission.

"Complaint" means a formal or informal document or communication in which a person alleges that a person subject to the jurisdiction of the Commission has violated a statute, rule, regulation, or order within the Commission's authority to enforce.

"Commission" means the Public Service Commission of Delaware.

"DPA" means the Delaware Division of the Public Advocate, or its successors.

"E-Filing" means all filings made by a person with the Commission utilizing the Commission's document management system available through the Commission website at http://depsc.delaware.gov.

"Filing" means any document submitted to the Commission as part of the Commission's official records in any proceeding. See subsection 1.7 for a further definition of Filing.

"Hearing Examiner" means a person assigned by the Commission to preside over a Commission proceeding and, thereafter, to prepare a report with recommendations for the Commission's consideration.

"Intervenor" means a person who is admitted as a party pursuant to Rule 2.9 of these rules.

"Party" means a person who, as a matter of right or by Commission authorization, appears in and has a direct interest in a proceeding before the Commission.

"Person" includes 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.

"Petition" means a request for relief which is not an application or complaint.

"Presiding Officer" means a Commissioner designated by the Commission to preside over a proceeding and to prepare a report, with recommendations, for the Commission's consideration.

"Proceeding" means any matter assigned a docket number by the Secretary.

"Proof of Public Notice" means a certificate or affidavit reciting the date and manner notice was given to the public as may be required by statute, rule, or order.

"Proof of Service" means a certificate or affidavit reciting the date and manner of service upon the parties to a proceeding.

"Respondent" means a public utility or other person named as the subject of an investigation or complaint proceeding.

"Secretary" means the Secretary of the Commission, or any employee of the Commission designated by the Secretary and authorized by the Executive Director.

"Staff" means full-time professional employees of, and outside counsel and consultants retained by, the Public Service Commission who render advice to the Commission. The Staff may participate in any Commission proceeding and may advocate particular positions concerning the issues raised in such proceeding and file supporting material and testimony for the Commission's consideration.

1.3 Address of Commission and Office Hours

1.3.1 The mailing address of the Commission is: "The Public Service Commission of Delaware, 861 Silver Lake Boulevard, Cannon Building, Suite 100, Dover, Delaware 19904." All communications to the Commission shall be so addressed unless otherwise specifically directed.

1.3.2 Unless otherwise provided by statute or Executive Order, the office of the Commission shall be open from 8:00 A.M. until 4:30 P.M. of each week day, except Saturdays, Sundays, and legal holidays observed by the State in Kent County, Delaware.

1.4 Commission Meetings

1.4.1 The Commission shall meet for the transaction of its business at its office in Dover or at such other places within this State as the Commission may designate.

1.4.2 Notice of all meetings of the Commission shall be given at least seven (7) days in advance by a conspicuous posting of written notice at the Commission's office in Dover and such other methods as the Commission may deem appropriate. An agenda shall be posted contemporaneously with the notice, subject to revisions made up until six (6) hours in advance of the meeting. The Secretary may make the notice and agenda available through the Commission's web page.

1.4.3 A majority of the members appointed to the Commission shall constitute a quorum and shall be sufficient for any final order of the Commission; provided, however, that a single Commissioner may sit as a Presiding Officer for the purpose of hearing testimony in any proceeding subject to Commission review. Any final decision concerning any matter before the Commission must be approved by the affirmative vote of the majority of all members appointed to the Commission.

1.5 Office of the Secretary

1.5.1 The Secretary shall have custody of the seal and official records of the Commission and shall be responsible for the maintenance and custody of its docket files, opinions, orders, rules, regulations, forms, and any schedules and tariffs filed with the Commission.

1.5.2 All orders and other actions of the Commission shall be attested to by the Secretary.

1.5.3 The Secretary shall mark the time and date of receipt or filing on each communication addressed to the Commission and on each pleading, report, exhibit, deposition, transcript, and order received or filed. When deemed appropriate, the Secretary shall also assign a docket number to a filing that has been received.

1.5.4 The Secretary shall maintain the schedule of fees and charges as approved by the Commission, for filings and the provision of copying and other similar services.

1.6 Filing of Documents

1.6.1 All papers submitted for filing with the Commission shall include on the first page the caption and docket number of the proceeding if available; the name, mail and e-mail address, and telephone number of the person filing the document; and the name, mail and e-mail address of the person representing the person filing the document.

1.6.2 The Secretary may reject any filing that does not conform to these rules or is not accompanied by the appropriate filing fee or other approved payment by returning the filing with an explanation of the defect to be remedied, if allowed, within the time period specified by the Secretary.

1.6.3 If E-Filing is not an available option, an email of the filing shall be provided to the service list and Secretary, unless otherwise directed by the Commission, designated Presiding Officer or Hearing Examiner. The Secretary may request additional copies when necessary.

1.6.4 All filings shall be made via E-Filing unless a person obtains prior written permission from the Commission, designated Presiding Officer, or Hearing Examiner to be excused from using such method. If E-Filing is unavailable for use, e-mail service must be made in accordance with these Rules.

1.6.5 The Commission shall f provide to the DPA electronic notification of all Filings (as defined in subsection 1.7).

1.6.6 Each person filing a document with the Commission shall serve a copy of the document on each party named on the service list for the proceeding as maintained by the Secretary, if established, and any other person required to be served by rule, order, or law. Proof of such service shall be attached to the document to be filed or its cover letter.

1.6.7 Unless otherwise specified by the Presiding Officer or Hearing Examiner or served via DelaFile, service should be made by:

1.6.7.1 United States mail, first-class;

1.6.7.2 Commercial courier service;

1.6.7.3 Personal delivery; or

1.6.7.4 E-mail.

1.7 Types of Filings and General Requirements

1.7.1 Filings shall include the following:

1.7.1.1 Applications;

1.7.1.2 Petitions;

1.7.1.3 Formal Complaints;

1.7.1.4 Answers;

1.7.1.5 Motions;

1.7.1.6 Briefs;

1.7.1.7 Memoranda;

1.7.1.8 Exceptions;

1.7.1.9. Comments; and

1.7.1.10 Reports.

1.7.2 All petitions and other filings that allege facts not otherwise in the record must be accompanied by a signed, sworn verification. Where the filer is a corporation or an association, the verification shall be signed by a bona fide officer thereof.

1.7.3 All filings must be accompanied by a signed certificate of service pursuant to Rules 1.6.5 and 1.6.6.

1.7.4 Except as directed by the Commission, designated Presiding Officer or Hearing Examiner, all paper filings shall be on 8 1/2 inch by 11 inch sized paper with margins of at least one inch using type size no smaller than 12 pitch font.

1.8 Applications

1.8.1 Applications shall be in numbered paragraphs and include the following:

1.8.1.1 The name, mail and e-mail addresses, telephone and fax numbers of the applicant;

1.8.1.2 A description of the authorization, right, or approval sought;

1.8.1.3 A description of any previous authorization or approval which will be affected;

1.8.1.4 A concise recitation of the material facts to be relied upon;

1.8.1.5 A citation to the statute, rule, or order which authorizes the application;

1.8.1.6 Copies of all pertinent contracts, agreements, certificates, permits, tariffs, proposed tariffs, charters, by-laws, ordinances, resolutions or other writings referred to in the application, which shall be attached as exhibits. Copies of written material or orders which are of record with the Commission need not be attached to the application if reference is made to the appropriate docket and order numbers; and

1.8.1.7 Any information required by rule or order for a specific type of application.

1.8.2 Applications shall be initially reviewed by the Commission and upon such review, may be:

1.8.2.1 Published for public comment;

1.8.2.2 Approved with or without conditions;

1.8.2.3 Denied;

1.8.2.4 Set for evidentiary hearing; or

1.8.2.5 Granted in part and denied in part.

1.8.3 Applications may become the subject of an evidentiary hearing if the Commission determines that the comments or the application require a hearing.

1.9 Computing Time

1.9.1 In computing any time period under these rules, the first day of the designated period of time shall commence the next day after the event requiring the computation of the time period. The last day of the time period shall be included, unless it falls on a Saturday, Sunday, or a legal holiday by the laws of this State or the United States, in which event the period runs until the end of the next day which is not a Saturday, Sunday, or legal holiday.

1.9.2 Upon good cause shown, the Commission, or a designated Presiding Officer or Hearing Examiner, may extend the period of time prescribed by these rules.

1.10 Public Access to Commission Records

1.10.1 The Secretary shall make available for public inspection upon reasonable request during the regular business hours of the Commission all of the "public records" of the Commission, as defined in 29 Del.C. § 10002 (d), subject to any privilege or proprietary treatment of the records.

1.10.2 The Secretary may charge a fee to recover reasonable costs of copying.

1.11 Submission of Confidential, Proprietary, and Privileged Material

1.11.1 A person may request that the Commission accord confidential treatment to some or all of the information contained in a document. In support of such a request, such person shall attest that the information is not subject to inspection by either the public or by other parties unless an appropriate proprietary agreement is executed. There shall be a rebuttable presumption that information claimed to be confidential is confidential until ruled otherwise by the Commission. (For a listing of materials that are exempt from public disclosure, see 29 Del.C. § 10002(o)).

1.11.2 If the claim of confidentiality is challenged by any person, that person may file a petition to the Commission to request a ruling regarding the confidential designation. To maintain the confidential designation, the party claiming confidentiality must demonstrate that the designated information is exempt from public disclosure pursuant to 29 Del.C. § 10002(o).

1.11.3 The party seeking proprietary treatment shall submit for filing one copy of the document without the confidential information, with an indication that claimed confidential information has been deleted.

1.11.4 Upon any dispute over the confidential treatment of information, the matter shall be resolved by the Commission, designated Presiding Officer or Hearing Examiner.

1.11.5 The Commission, Commission Staff, and the DPA shall have access to all documents for which confidential treatment has been claimed. Access to non-public information shall be made available to all other parties, including consultants retained by the Commission, Commission Staff, and the DPA, upon the execution of an appropriate agreement by the parties or entry of a protective order by the Commission or designated Presiding Officer or Hearing Examiner.

1.11.6 Non-public information shall not be disclosed by the Commission, its Staff, the DPA, and their consultants and any party to a proprietary agreement and its consultants except as authorized by law.

1.12 Ex Parte Communications

1.12.1 No Commissioner or Commission Staff assigned to participate in any way in the rendering of a case decision shall discuss or communicate, directly or indirectly, respecting any issue of fact or law with any party or person except upon notice to, and opportunity for, all parties to participate. This rule shall not apply to communications required for the disposition of ex parte matters as authorized by law, or to communications, not prohibited by law, by and among Commission members and Commission Staff.

26 Del. Admin. Code § 1001-1.0

17 DE Reg. 554 (11/1/2013)
18 DE Reg. 160 (8/1/2014)
18 DE Reg. 997 (6/1/2015)
23 DE Reg. 778 (3/1/2020)
26 DE Reg. 612 (1/1/2023) (Final)