26 Del. Admin. Code § 3013-11.0

Current through Register Vol. 28, No. 5, November 1, 2024

Section 3013-11.0 - Change in Ownership and Assignment of Contracts

11.1 Prior to the effective date of any assignment or transfer of the ownership of a community energy facility to a person or company who is not an existing community energy facility, the new owner must obtain a final certificate to operate under Section 5.0 of this regulation

11.2 At least 30 days prior to the effective date of any assignment or transfer of the contracts of a community energy facility to another existing community energy facility, the community energy facilities shall jointly:

11.2.1 Provide written notice of the assignment or transfer to the subscribers of the community energy facility, with a copy to the Commission, Delmarva and the DPA;

11.2.2 Coordinate with Delmarva the transfer of ownership;

11.2.3 Send a letter to the subscribers informing them of the assignment or transfer. The letter shall include:

11.2.3.1 A description of the transaction in clear and concise language including the effective date of the assignment or transfer;

11.2.3.2 Customer service contact information for the assignee; and

11.2.3.3 A statement that the terms and conditions of the subscriber's contract at the time of assignment shall remain the same for the remainder of the contract term.

11.3 Upon request by the Commission, the assignee shall be responsible for providing documents and records related to the assigned contracts. The community energy facility must maintain such records for a period of 5 years or until the contracts expire, whichever is longer.

26 Del. Admin. Code § 3013-11.0

27 DE Reg. 987 (6/1/2024) (Final)