26 Del. Admin. Code § 3013-4.0

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

Section 3013-4.0 - Application for Preliminary Certificate to Operate

4.1 Applications for a preliminary certificate to operate must contain all required information and exhibits and may contain such additional information as the applicant deems appropriate to demonstrate to the Commission that it possesses the managerial and operational ability to adequately serve the public consistent with applicable State laws.

4.2 Applications for a preliminary certificate to operate must contain at least the following:

4.2.1 Application fee. An applicant for a preliminary certificate to operate shall submit a non-refundable application fee of $750 with the application;

4.2.2 Identity of the applicant. The legal name and, if applicable, tax identification number or employer identification number of the applicant, as well as the trade name or trade names under which the applicant proposes to do business in Delaware. List any other names under which the applicant, its affiliate interests, or any current or previous officer, director, or manager has previously done business in Delaware;

4.2.3 Certifications. Certification or certifications issued by the state of formation or incorporation certifying that the applicant is in good standing and qualified to do business in that state;

4.2.4 Authorization. Documentation from the Delaware Secretary of State, issued within 90 days of filing, and the Delaware Division of Revenue, that the applicant is legally authorized and qualified to do business in the State;

4.2.5 Registered Agent. The name and post office address of a registered agent within the State upon whom service of any notice, order or process may be made;

4.2.6 Leadership. The names, titles, addresses, and telephone numbers of the applicant's principal officers, directors, partners, or other similar officials;

4.2.7 Corporate structure. A description of the applicant's corporate structure, including any affiliate interests engaged in operations in the United States related to energy. Include a graphical depiction of such structure;

4.2.8 Contact information. The name, title, e-mail address (if applicable), mailing address and telephone number of the applicant;

4.2.9 Website. The community energy facility's website address (if any), accessible to prospective and current subscribers;

4.2.10 Consent to jurisdiction. A statement consenting to the jurisdiction of the Delaware courts for acts or omissions arising from the community energy facility's and its agent's activities in the State;

4.2.11 Proof of site control. The applicant shall provide a fully executed lease agreement, a deed of sale, a property deed, or a binding option agreement with defined lease or purchase terms for the parcel where the community energy facility is, or will be, located;

4.2.12 Interconnection feasibility. A completed interconnection study or signed interconnection agreement with Delmarva. If Delmarva determines that an interconnection study is unnecessary, then a written statement from Delmarva to that effect, which includes the facility's capacity and generating technology, may substitute for a completed interconnection study; and

4.2.13 Verification of application for a preliminary certificate to operate. A signed, notarized verification of a principal or officer of the applicant stating that all information in the application is true and correct as filed to the best of the principal's or officer's belief. Where the applicant is a corporation or an association, the verification shall be signed by an officer thereof and notarized.

4.3 Review of the application for a preliminary certificate to operate. Staff shall make a recommendation to the Commission to approve, conditionally approve, or deny the application within 45 days from the date of the completed application. The Commission may choose to approve, approve with conditions, modify, or deny a preliminary certificate to operate to an applicant where it finds that doing so is in the public interest.

4.4 Expiration of preliminary certificate to operate. A community energy facility's preliminary certificate to operate shall expire upon the Commission's granting of a final certificate to operate or 24 months from the issuance of the preliminary certificate to operate, whichever is earlier. Upon the request of an applicant, the Commission may extend the 24-month period by 12 months, for good cause shown.

26 Del. Admin. Code § 3013-4.0

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