26 Del. Admin. Code § 3013-14.0

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

Section 3013-14.0 - Regulation, Fees, Penalties

14.1 Neither subscribers nor owners of community energy facilities shall be subject to regulation as either public utilities or electric suppliers, except as set forth in 26 Del.C. § 1014(f)(15).

14.2 Community energy facilities must pay applicable fees and assessments under 26 Del.C. § 1014(f)(13) and (15), which include the fees set forth in 26 Del.C. § 114 and the annual gross revenue assessment in 26 Del.C. § 115. Under §115, the "gross operating revenue" shall equal the sum of the net-metering credits produced by the community energy facility and the revenue derived from unsubscribed energy.

14.3 Community energy facilities shall adhere to State and the Federal Energy Regulatory Commission rules and regulations.

14.4 Community energy facilities shall comply with orders, rules, or regulations promulgated or issued by the Commission governing such a facility, or any other state and federal laws, rules, or regulations that apply to such a facility.

14.5 If a community energy facility fails to comply with orders, rules, or regulations promulgated or issued by the Commission governing such a facility, or any other laws, rules, or regulations that apply to such a facility, the Commission may impose penalties, including monetary assessments, and may suspend or revoke the final certificate to operate, and impose other sanctions permitted by law.

14.6 If the Commission revokes the final certificate to operate, Delmarva shall cease providing credits to subscribers of that community energy facility and shall not provide any further credits unless and until the community energy facility provides Delmarva with proof of a valid final certificate to operate.

26 Del. Admin. Code § 3013-14.0

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