1. (a) Each electric distribution company shall maintain its facilities and provide products and services which are safe, efficient, sufficient, adequate, and reliable. Each electric distribution company shall implement procedures to require all electric suppliers to deliver energy to the electric distribution company at locations and in amounts which are adequate to meet each supplier’s obligations to its customers. Unless otherwise ordered by the Commission, each Commission-regulated electric distribution company shall not recover in rates annual nonmandatory capital spending in excess of: for years 2026 and 2027, $70,000,000.00; and for year 2028 and continuing thereafter, 5% of its rate base approved in its most recent base rate case. For purposes of this section, nonmandatory capital spending shall mean all capital spending by the electric distribution company, except spending:

   1. (1) On its vegetation management program.
   2. (2) On its inspection and maintenance program.
   3. (3) Related to new business and new customer requirements.
   4. (4) On facility relocations.
   5. (5) On required statutory and regulatory requirements.
   6. (6) On emergency failures.

2. (b) (1) The Commission is hereby granted the authority to require DP&L subject to its jurisdiction to develop and implement demand-side management programs designed to reduce overall electricity consumption by its customers and/or to reduce usage by customers during peak periods, such as time of use rates, advanced metering infrastructure, central air-conditioning and hot water heating cycling off and on programs, interruptible rates, etc. However, in no such instance shall electric distribution companies subject to the Commission’s jurisdiction be authorized to implement peak time billing. Upon development of such demand-side management program or programs, DP&L shall file such program or programs with the Commission for the Commission’s review and approval.

   1. a. The costs that DP&L incurs in developing and implementing their demand-side management programs, as well as the costs incurred by DP&L in administering all demand-side management programs approved for implementation by the Commission, shall be included and recovered in DP&L’s distribution rates.
   2. b. By June 5, 2006, the Commission shall open a docket to evaluate the desirability, feasibility and cost effectiveness of requiring advanced metering technology, including time of use metering to be utilized throughout or selectively in the service territories of DP&L. The Commission may require that such a technology be deployed in a cost effective manner after such evaluation has been made and hearings have been held. As part of the evaluation, the Commission shall review all customer pricing implications of any particular metering technology investigated. The Commission shall not authorize such technology to be deployed in a manner that permits 30-day peak demand billing except as approved by the General Assembly.
   3. c. The Commission shall have the authority to promulgate any rules and regulations it deems necessary to accomplish the development and implementation of demand-side management programs by DP&L.
   4. (2) DEC shall, at a minimum, maintain its current efforts in providing demand-side management programs. DEC shall report on its demand-side management efforts to the Public Service Commission, Controller General and Director of the Office of Management and Budget by January 31, 2007, and January 31 of each subsequent year thereafter.

72 Del. Laws, c. 10, § 3; 74 Del. Laws, c. 73, § 3; 75 Del. Laws, c. 242, § 7; 85 Del. Laws, c. 342, § 4