26 Del. Admin. Code § 3008-4.0

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

Section 3008-4.0 - Recovery of Costs

4.1 A CREC may recover, through a non-bypassable surcharge actual dollar for dollar costs incurred in complying with the State of Delaware's RPS, including any such costs for preexisting CREC contracts that predate February 10, 2021 (i.e., the passage of Senate Bill 33), except that any compliance fee assessed pursuant to subsections 3.3.5 and 3.3.6 shall be recoverable only to the extent authorized by subsection 4.2.

4.2 A CREC may recover any ACP or SACP if the payment of an ACP or SACP is the least cost measure to ratepayers as compared to the purchase of RECs and SRECs to comply with the RPS; or if there are insufficient RECs and SRECs available for the CREC to comply with the RPS.

4.3 Any cost recovered under this section shall be disclosed to customers at least annually on inserts accompanying customer bills.

4.4 All costs arising out of contracts entered into by a CREC pursuant to 26 Del.C. § 1007 (d) shall be distributed among the entire Delaware customer base of such companies through an adjustable non-bypassable charge which shall be established by the Commission. Such costs shall be recovered if incurred as a result of such contracts unless, after Commission review, any such costs are determined by the Commission to have been incurred in bad faith, are the product of waste or out of an abuse of discretion, or in violation of law.

26 Del. Admin. Code § 3008-4.0

11 DE Reg. 1670 (06/01/08)
12 DE Reg. 1110 (02/01/09)
14 DE Reg. 1241 (05/01/11)
22 DE Reg. 525 (12/1/2018)
24 DE Reg. 1014 (5/1/2021) (Final)