26 Del. Admin. Code § 2002-4.0

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

Section 2002-4.0 - Additional Requirements for an Application Filed by a New Water Utility

4.1 If the applicant is a new water utility, the application, in addition to fulfilling the requirements of Sections 3.0 through 3.19, shall also include the following:

4.1.1 A copy of the applicant's certificate of incorporation, partnership agreement, or other enabling document; ⁴

4.1.2 Materials that demonstrate that the applicant possesses the financial, operational, and managerial capacity to comply with all State and Federal safe drinking requirements and that the applicant has available, or will be able to procure, an adequate supply of water (even during drought conditions) to meet reasonably anticipated peak daily and monthly demands for its water utility services;

4.1.3 A description of the plant to be utilized to provide its water utility services (including details as to the type and capacity of treatment facilities, cost of facilities, and the projected construction schedule);

4.1.4 A map detailing the composition, diameter, length, and location of mains and pipes to be initially installed; and

4.1.5 A projection of the number of customers to be served in the five-year period following the grant of the requested CPCN.

⁴ If the business structure of the applicant is a sole proprietorship, the Commission will presume, subject to rebuttal, that the applicant lacks the financial, operational, and managerial capabilities to provide adequate water utility services. An applicant that is a sole proprietorship may provide with its application evidence to rebut this presumption and demonstrate that it will have the capabilities to provide adequate and reliable services.

26 Del. Admin. Code § 2002-4.0

27 DE Reg. 894 (5/1/2024) (Final)