DEPARTMENT OF STATE

Public Service Commission

3000 Energy Regulations

3013 Rules for and Regulation of Community Energy Facilities

1.0 Definitions

The following words and terms when used in this regulation, have the following meaning:

"Affiliate interest" means:

1.Any person or entity who owns directly, indirectly or through a chain of successive ownership, 10% or more of the voting securities of the applicant;

2.Any person or entity, 10% or more of whose voting securities are owned, directly or indirectly, by an affiliate interest as defined in this regulation; or

3.Any person or entity, 10% or more of whose voting securities are owned, directly or indirectly, by the applicant.

"Agent" means a person who conducts marketing or sales activities, or both, interacting directly with customers based on a contractual arrangement with and on behalf of community energy facility. "Agent" does not include brokers or aggregators.

"Applicant" means any person that has submitted an application to the Commission as required by any Section of this regulation.

"Broker" means an entity or person that acts as an agent or intermediary on behalf of the customer in the sale or purchase of, but that does not take title to, electricity for sale to retail electric customers or an entity or person that acts as an agent or intermediary on behalf of the customer in the purchase of a subscription to a community energy facility but does not take title to the subscription.

"Business day" means any calendar day except Saturdays, Sundays or legal holidays as defined in1Del.C.§501.

"Commission" means the Delaware Public Service Commission.

"Commission staff" means full-time professional employees of, and outside counsel and consultants retained by, the Commission who render advice to the Commission.

"Community-owned energy generating facility" or "community energy facility" means a renewable energy generating facility that has multiple owners or customers who share the output of the generator, which may be located either as a stand-alone facility or behind the meter of a participating owner or customer and that meets all applicable requirements of26DE Admin. Code3013.

"Community energy facility subscriber" or "subscriber" means any customer who participates in a community energy facility project by means of having an active subscription to a community energy facility or owning a portion of the community energy facility. Subscribers are defined by the meter associated with their Delmarva bill.

"Consumer Protection Unit" means the Delaware Department of Justice Consumer Protection Unit or the Director of the Consumer Protection Unit, as applicable.

"Contract" means the total legal obligation resulting from the parties' agreement as effected by this regulation and other applicable law. Contracts for community energy facility subscriptions must be accompanied by a contract summary.

"Contract summary" means a written summary of the material terms and conditions of service between a community energy facility and a subscriber. If the terms of the contract summary differ from the terms of the contract, then the provision or provisions most favorable to the customer shall control.

"Cramming" means the prohibited practice of charging customers for services that they have not ordered or have been sold in a deceptive manner such that the customer is not reasonably aware of the nature or price of the service for which the customer is being charged.

"Customer" means a purchaser of electricity with a Delmarva account number for ultimate consumption and not for resale in Delaware, including the owner/operator of any building or facility, but not the occupants thereof, who purchases and supplies electricity to the occupants of such building or facility.

"Customer-generator facility" means equipment used by a customer to generate, manage, and monitor electricity. A customer-generator facility, which typically includes an electric generator or an equipment package, shall:

1.Satisfy all of the applicable requirements of26DE Admin. Code3012Net Metering;

2.Meet all applicable safety and performance standards established by the National Electrical Code, the Institute of Electrical and Electronic Engineers, and Underwriters Laboratories to ensure that net metering customers meet applicable safety and performance standards; and

3.Comply with the electric supplier's interconnection tariffs and operating guidelines.

"Delmarva" or "DP&L" means Delmarva Power & Light Company or its successors.

"Distribution facilities" means electric facilities located in Delaware that are owned by a public utility that operate at voltages of 34,500 volts or below and that are used to deliver electricity to customers, up through and including the point of physical connection with electric facilities owned by the customer.

"Distribution services" means those services, including metering, relating to the delivery of electricity to a customer through distribution facilities.

"Door-to-door sale" means a sale, or offer of contracts for sale, in which a community energy facility, a subscription coordinator, or 1 of the associated agents, personally solicits a customer to sell community energy facility subscriptions. This term includes sales made at a place other than the community energy facility's place of business. This term does not include:

1.Sales made at public events;

2.For small commercial customers, sales in response to or following a pre-scheduled appointment between the small commercial customer and the community energy facility; and

3.Any sale which is conducted entirely by mail, telephone or other electronic means.

"DPA" means the Delaware Division of the Public Advocate.

"Electric distribution company" or "EDC" means a public utility owning or operating transmission or distribution facilities in Delaware.

"Electric supplier" means an entity or person certified by the Commission that sells electricity to customers utilizing the transmission or distribution facilities of a nonaffiliated EDC, as defined in26Del.C.§1001(14), including:

1.Affiliates of an EDC;

2.Municipal corporations which choose to provide electricity outside their municipal limits (except to the extent provided prior to February 1, 1999);

3.Electric cooperatives which, having exempted themselves from the Commission's jurisdiction pursuant to26Del.C.§§202(g) and 223, choose to provide electricity outside their assigned service territories; and

4.Any broker, marketer or other entity (including public utilities and their affiliates).

"Electric supply service" means the provision of electricity and related services to customers, as defined in26Del.C.§1001(15).

"Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities, as defined in6Del.C.§12A-102(5).

"Electronic mail" or "e-mail" means any message transmitted through the internet including messages transmitted to or from any address affiliated with an internet site.

"Final certificate to operate" means a certificate granted by the Commission to a community energy facility that has fulfilled the Commission's final certification requirements under Section 5.0 of this regulation. The Commission order approving an applicant's application for a final certificate to operate as a community energy facility shall serve as the final certificate to operate.

"Low-income customer" means a customer whose gross annual income, by family size, is at or below 200% of the U.S. Federal Poverty Guidelines, or 60% of the state median household income published by the United States Census Bureau, whichever is greater. Owners or operators of master-metered buildings whose tenants meet the income eligibility requirements for low-income customers may also qualify as a "low-income customer".

"Net metering" or "net energy metering" means a service to a customer whereby electric energy generated by the customer, through a customer-generator facility and delivered to the local distribution facilities of an EDC, may be used to offset electric energy provided by the EDC to the customer.

"Permission to operate" means Delmarva's approval for a community energy facility to commence operation pursuant to Section 6.0 of this regulation.

"Person" means a natural person; a corporation, partnership, association, public trust, joint stock company, joint venture, or other group of persons, whether incorporated or not; a trustee or receiver of the foregoing; a municipality or other political subdivision of the State of Delaware; and any other governmental agency or any officer, agent or employee of such agency.

"PJM Interconnection, LLC" or "PJM" means the Regional Transmission Organization ("RTO") that is responsible for wholesale energy markets and the interstate transmission of energy throughout a multi-state area, or its successor organization.

"Preliminary certificate to operate" means a certificate granted by the Commission to a community energy facility that has fulfilled the Commission's preliminary certification requirements under Section 4.0 of this regulation, which establishes project viability. The Commission order approving an applicant's application for a preliminary certificate to operate as a community energy facility shall serve as the preliminary certificate to operate.

"Price" or "rate" means all charges (excluding taxes), including fixed or variable, to be charged by the community energy facility for subscription credits pursuant to the contract.

"Rescission period" means the time period within which a residential or small commercial customer may choose to cancel, without penalty, a contract with a community energy facility.

"Slamming" means the prohibited unauthorized enrollment of a customer without the customer's permission or the unauthorized transfer of a customer to another electric supplier.

"Standard offer service" or "SOS" means the provision of electric supply service by a standard offer service supplier to customers who do not otherwise receive electric supply service from an electric supplier, as defined in26Del.C.§1001(23).

"Standard offer service supplier" or "SOSS" means an EDC serving within its certificated territory, as defined in26Del.C.§1001(24).

"State" means the State of Delaware.

"Subscriber" means a customer enrolled with a community energy facility.

"Subscription Coordinator" means a person that has a contractual arrangement with a community energy facility, whether having received a final certificate to operate or not, to provide services such as:

1.Market community energy facility projects or otherwise provide community energy facility services under its own brand name;

2.Perform any administrative actions to connect or enroll customers with community energy facility projects or allocate subscriptions. This does not include vendors or subcontractors handling only back-office functions such as electronic data interchange between the community energy facility, subscription coordinator, and the utility company;

3.Manage interactions between a community energy facility and an electric distribution company related to subscribers. This does not include vendors or subcontractors handling only back-office functions such as electronic data interchange between the community energy facility, subscription coordinator, and the utility company.

"Telemarketing" means any unsolicited telephone calls initiated by, or on behalf of, a community energy facility to a customer in order to market community energy facility subscriptions.

"Unsubscribed energy" means any community-owned energy generating facility percentage of output that is not allocated to any subscriber.

"Variable price" means a price that can change from month to month (but not more frequently) on a residential or small commercial customer's bill according to the terms and conditions in the contract.

"Written notice" means notice in writing, mailed by First Class mail to the person who is being given notice, sent to the current billing address as shown on the records of the electric distribution company or community energy facility, or via electronic mail to a valid e-mail address if the customer authorizes the receipt of the applicable communication via electronic means and provides a valid e-mail address.

2.0 Project Eligibility

1. 2.1 To be eligible for certification as a community energy facility, a generating facility must:

   1. 2.1.1 Have multiple owners or subscribers who share the output of the generator, which may be located either as a stand-alone facility or behind the meter of a participating owner or subscriber;
   2. 2.1.2 Include a technology defined as an "eligible energy resource" under26Del.C.§352;
   3. 2.1.3 Not exceed a capacity of 4 megawatts as measured by the alternating current (AC) rating;
   4. 2.1.4 Be located in Delmarva's service territory, in Delaware. To comply with this requirement, the entire parcel of land containing the community energy facility and all related equipment must be within Delmarva’s service territory;
   5. 2.1.5 Interconnect to the distribution facilities and operate in parallel with Delmarva's transmission and distribution facilities;
   6. 2.1.6 Comply with Delmarva's interconnection tariffs and operating guidelines; and
   7. 2.1.7 Meet all applicable safety and performance standards established by the National Electrical Code, the Institute of Electrical and Electronic Engineers, and Underwriters Laboratories to ensure that the generating facility meets applicable safety and performance standards.

3.0 Applications to the Commission

1. 3.1 Before a community energy facility may offer a contract or commence service to a subscriber, and before Delmarva provides the community energy facility with a permission to operate under Section 6.0 of this regulation, the community energy facility must apply for and obtain from the Commission both a preliminary certificate to operate, which establishes project viability, and a final certificate to operate, which establishes compliance with all application requirements.
2. 3.2 Applicants must comply with the electronic filing requirements of26DE Admin. Code1001, "Rules of Practice and Procedure of the Commission".

4.0 Application for Preliminary Certificate to Operate

1. 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.
2. 4.2 Applicants must complete the application published on the Commission website, file it electronically in the Commission’s electronic filing system and pay the non-refundable application fee of $750 at the time of the filing.
3. 4.3 Review of the application for a preliminary certificate to operate. Commission 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. 4.4 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.
5. 4.5 Incomplete or abandoned applications. Commission staff may reject an application for a preliminary certificate to operate that is not complete or if the applicant fails to supply subsequent information requested by Commission staff within 60 days.
6. 4.6 Changes in application information. Applicants shall inform Commission staff of any changes to the information submitted in the application for a preliminary certificate to operate that occur from the time the application is submitted to the time the Commission considers the application. The failure to provide such notice within 15 business days after the change may be grounds for rejection of the application.
7. 4.7 Accuracy of information. Failure to provide accurate and factual information, the submission of false or misleading information, or the omission of material information in any communication with the Commission or Commission staff may be grounds for rejection of an application for a preliminary certificate to operate.
8. 4.8 Waiver of certification requirements for preliminary certificates to operate. Upon request of an applicant, the Commission may, upon notice and opportunity for comment, for good cause, waive any of the requirements of this regulation that are not required by statute. The waiver may not be inconsistent with the purpose of this regulation,26Del.C.§1001et seq, or state or federal consumer protection laws.
9. 4.9 Publication of approved applications. Commission staff may make the list of preliminary certificates to operate for which application has been made and approved under this section publicly available on the Commission’s website or other website approved by the Commission.

5.0 Application for Final Certificate to Operate

1. 5.1 After an applicant with an approved preliminary certificate to operate complies with Section 4.0 and subsection 6.1, it may then seek a final certificate to operate from the Commission.
2. 5.2 Applications for a final 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 financial, managerial, and operational ability to adequately serve the public consistent with applicable State laws.
3. 5.3 Applicants must complete the application published on the Commission website and file it electronically in the Commission’s electronic filing system. There is no application fee for a Final Certificate to Operate application.
4. 5.4 Review of the application for final certificate to operate. Commission staff shall make a recommendation to the Commission to approve or deny the application within 90 days from the date of the completed application. The Commission may choose to approve, approve with conditions, modify, or deny a final certificate to operate to an applicant where it finds that doing so is in the public interest.
5. 5.5 Terms of final certificate to operate. Final certificates to operate are valid until revoked by the Commission or relinquished by the community energy facility after the requisite notice to the Commission and to its subscribers.
6. 5.6 Incomplete or abandoned applications. Commission staff may reject an application for a final certificate to operate that is not complete or if the applicant fails to supply within 90 days subsequent information requested by Commission staff.
7. 5.7 Waiver of certification requirements for final certificates to operate. Upon the request of an applicant, the Commission may, upon notice and opportunity for comment, for good cause, waive any of the requirements of this regulation that are not required by statute. The waiver may not be inconsistent with the purpose of this regulation,26Del.C.§1001et seq, or state or federal consumer protection laws.
8. 5.8 Changes in application information. Applicants shall inform Commission staff of any changes to the information submitted in the application for a final certificate to operate that occur from the time the application is submitted to the time the Commission considers the application. The failure to provide such notice within 15 business days after the change may be grounds for rejection of the application.
9. 5.9 Accuracy of information. Failure to provide accurate and factual information, the submission of false or misleading information, or the omission of material information in any communication with the Commission or Commission staff may be grounds for rejection of an application for a final certificate to operate.
10. 5.10 An application for a Final Certificate to Operate must include the required surety bond. The community energy facility bond must be executed by a company authorized to transact surety business in the State of Delaware by the Department of Insurance. Such bond will permit the Commission to direct that the proceeds of this bond be paid or disbursed to satisfy the applicant's financial obligations to the Commission or other Delaware government entity. The bond will permit a Delaware court to direct proceeds of the bond be paid to a person that has obtained a judgment against an applicant and has previously attempted to collect the judgment through all other means available through the court. The amount of the bond shall be $10,000 plus $25,000 per each megawatt of capacity in excess of 1 megawatt. Any partial megawatt of capacity is rounded up to the next whole megawatt when determining the amount of the surety bond.
11. 5.11 An application for a Final Certificate to Operate must include the contract and contract summary. A copy of the applicant's standard contract form that it intends to offer to subscribers, and the standard contract summary form it intends to include with its contract for subscribers. A contract or contract summary that does not comply with the requirements of Section 9.0 of this regulation or other applicable Delaware laws and regulations may be grounds for rejection of the application. Commission staff may develop a standard contract summary form that it requires from all applicants.
12. 5.12 Commission staff request. An applicant shall provide other commercially reasonable indicia of financial capability, upon a request from Commission staff.
13. 5.13 Commission staff may make the list of final certificates to operate for which application has been made and approved under this section publicly available on the Commission’s website or other website approved by the Commission.

6.0 Permission to Operate from Delmarva

1. 6.1 An applicant shall provide the following information to Delmarva prior to applying for a preliminary certificate to operate from the Commission, pursuant to Delmarva’s interconnection process:

   1. 6.1.1 A description of the energy generating facility, including the facility's host location, capacity, and fuel type or generating technology; and
   2. 6.1.2 A complete interconnection application to facilitate a transmission and distribution analysis, including an evaluation of potential reliability, safety and stability impacts and determination of whether infrastructure upgrades are necessary and appropriate allocation of applicable interconnection costs.
2. 6.2 After the applicant with a preliminary certificate to operate from the Commission complies with subsection 6.1, it may then seek a final certificate to operate from the Commission as set forth in Section 5.0 of this regulation. A final certificate to operate may be obtained from the Commission prior to receiving permission to operate from Delmarva.

3. 6.3 After receiving a final certificate to operate from the Commission, the community energy facility shall submit to Delmarva:

   1. 6.3.1 A list of individual Delmarva account numbers the community energy facility desires to aggregate including the name and address associated with the account number, including which accounts serve low-income customers;
   2. 6.3.2 The subscribed percentage of generation attributed to each subscriber;
   3. 6.3.3 Certification that the subscription level of each subscriber does not exceed 110% of that subscriber's expected aggregate electrical consumption calculated, for existing buildings, on the average of the 2 previous 12-month periods of actual electrical usage at the time of subscription with the community energy facility and estimated, for new building construction, at 110% of the consumption of units with similar size and characteristics; and
   4. 6.3.4 Certification that subscribers in the community energy facility include at least 15% low-income customers. The requirement of "at least 15% low-income customers" will be measured by the number of low-income customers as a percentage of the total number of subscribers of the community energy facility.
4. 6.4 Delmarva will consider a request to convert an existing net metering interconnection application under26DE Admin. Code3012to a community energy facility interconnection application under26DE Admin. Code3013to be a new application, which would create a new interconnection position.

7.0 Low-income Customer Verification

1. 7.1 The community energy facility shall require income data verification to determine eligibility for low-income customers. Proof of eligibility required for low-income customers shall include:

   1. 7.1.1 Proof of income of the account holder (e.g., pay stub or W2), proof of participation in a low income discount program including Medicaid, SSI, TANF, GA, WIC, LIHEAP, SNAP or food stamps, or proof that the low-income customer lives in a census block where the median household income is at or below 200% of the U.S. Federal Poverty Guidelines or 60% of the state median household income published by the United States Census Bureau, whichever is greater, or by living in a low-income master-metered building; or
   2. 7.1.2 A written attestation by the low-income customer that their total household income is at or below 200% of the Federal Poverty Guidelines, or 60% of the state median household income published by the United States Census Bureau, whichever is greater.
   3. 7.1.3 For owners or operators of master-metered buildings, a written attestation that their tenants meet the income eligibility requirements for low-income customers.
2. 7.2 When the community energy facility provides Delmarva with its low-income customer certification under subsection 6.3.4, it must also provide such certification to the Commission.
3. 7.3 A community energy facility's failure to satisfy the low-income requirements may result in a penalty, including monetary assessment, or revocation of its final certificate to operate.
4. 7.4 Every 3 years, the community energy facility shall certify to the Commission in writing that it meets the low-income requirements as set forth in subsection 6.3.4 and Section 7.0 of this regulation.
5. 7.5 The Commission or Commission staff may audit the community energy facility at any time to ensure compliance with the low-income customer requirements.

8.0 Subscription Coordinator

1. 8.1 A subscription coordinator shall apply with the Commission and obtain Commission approval before performing the functions of a subscription coordinator.
2. 8.2 The Commission shall act on an application within 60 days of the submission of a completed application as defined by Commission staff. At Commission discretion, the application time period may be extended an additional 60 days for the Commission to act on the application.
3. 8.3 Applicants must complete the application published on the Commission website and file it electronically in the Commission’s electronic filing system. There is no application fee.
4. 8.4 Applications shall include a surety bond. A subscription coordinator bond executed by a company authorized to transaction surety business in the State of Delaware by the Department of Insurance. The bond will permit the Commission to direct the proceeds of the bond be paid or disbursed to satisfy the applicant’s financial obligations to the Commission or other Delaware government entity. The bond will permit a Delaware court to direct proceeds of the bond be paid to a person that has obtained a judgment against an applicant and has previously attempted to collect the judgment through all other means available through the court. The amount of the bond shall not be less than $50,000.
5. 8.5 Commission Staff request. An applicant shall provide other commercially reasonable indicia of financial capability, upon a request from Commission staff.
6. 8.6 Contracts. The applicant must provide a copy of any contract they intend to provide to customers and request that customers sign and agree to other than the community energy facility contract identified in Section 9.0 of this regulation. No provisions of the contract may be in conflict with the provisions of this regulation or Delaware law.
7. 8.7 Incomplete or abandoned applications. Commission staff may reject an application that is not complete or if the applicant fails to supply within 60 days the subsequent information requested by Commission staff.
8. 8.8 Waiver of application requirements. Upon request of an applicant, the Commission may, upon notice and opportunity for comment, for good cause, waive any of the requirements of this regulation that are not required by statute. The waiver may not be inconsistent with the purpose of this regulation,26Del.C.§1001et seq, or state or federal consumer protection laws.
9. 8.9 Failure to provide accurate and factual information. The submission of false or misleading information, or the omission of material information in any communication with the Commission or Commission staff may be grounds for rejection of an application.
10. 8.10 A subscription coordinator operating on the effective date of this regulation shall apply with the Commission within 90 days of the effective date of this regulation.
11. 8.11 A community energy facility acting as its own subscription coordinator is not required to comply with the provisions of Section 8.0 of this regulation. All other Sections of this regulation shall still apply. In order to qualify, the community energy facility activities and subscription coordinator activities must be conducted under the same legal entity name.
12. 8.12 Commission staff may make the list of subscription coordinators for which application has been made and approved under this Section publicly available on the Commission’s website or other website approved by the Commission.

9.0 Community Energy Facility Contracts and Contract Summaries

1. 9.1 Only a community energy facility with a final certificate to operate may execute a contract for community energy facility credits with a subscriber. A subscription coordinator may not execute a contract for community energy facility credits for a community energy facility that has not received a final certificate to operate.

2. 9.2 Community energy facilities and subscription coordinators shall provide to prospective subscribers a contract and contract summary in the same language used to market, sell, or describe the contract terms. Contracts and contract summaries must:

   1. 9.2.1 Be printed in Times New Roman 12-point font; and
   2. 9.2.2 Have 1-inch margins on all sides and utilize reasonable numbering, lettering, line, and paragraph spacing.

3. 9.3 A contract for subscribers shall be written in clear and plain language and shall contain all material terms and conditions, including:

   1. 9.3.1 A list and description of the contract services;
   2. 9.3.2 The contract duration, expressed in months or years, or the disclosure that the contract is month-to-month;
   3. 9.3.3 A description of the price of each service, including the price of the subscription and the duration of the introductory price, if applicable, and whether the price is subject to change over time. The total price of the subscription shall not exceed 90% of the bill credit the subscriber received on their Delmarva bill.
   4. 9.3.4 A description of any other fees or charges, including early termination penalties, late fees, fees to access the community energy facility's services, minimum monthly charges, enrollment fees, and interest charges; a description of the specific condition under which such fees or charges can be imposed; and the amount of such fees or charges or the method by which such fees or charges shall be computed;
   5. 9.3.5 A description of any other services provided to the subscribers as part of the contract;
   6. 9.3.6 If the community energy facility claims that subscribers will save money by entering into the contract, a description of any calculations and assumptions on which it relies to make this claim;

   7. 9.3.7 A statement regarding the rescission period that:

      1. 9.3.7.1 The subscriber may rescind the contract within 3 business days from the start of the rescission period; and

      2. 9.3.7.2 The rescission period begins on 1 of the following dates, as applicable;

         1. 9.3.7.2.1 When the subscriber signs the contract;
         2. 9.3.7.2.2 When the subscriber transmits the acceptance of the contract electronically; or
         3. 9.3.7.2.3 When the subscriber receives the contract and contract summary, if received by mail. There shall be a rebuttable presumption that a contract and contract summary correctly addressed to a subscriber with sufficient first-class postage attached shall be received 3 business days after it has been properly deposited in the United States mail; and
   8. 9.3.8 A statement that the actual value of credits could vary monthly and is dependent on the generation output of the community energy facility, if applicable;
   9. 9.3.9 A statement of the community energy facility's termination rights, which shall explain the specific conditions under which the community energy facility may terminate the contract. At a minimum, the community energy facility shall provide the subscriber at least 30 days' written notice of termination of the contract;
   10. 9.3.10 The community energy facility's local or toll-free telephone number to obtain information and handle complaints; its mailing address and website address; the Commission's address, website address, and Delaware toll-free telephone number; and the DPA's address, website address, and telephone number;
   11. 9.3.11 A statement informing the subscriber that, in the event of a relocation outside of Delmarva's service territory, they shall terminate their contract with no termination fee;

   12. 9.3.12 A statement that the community energy facility may terminate the contract prior to the stated term of the contract, including:

       1. 9.3.12.1 The circumstances under which early cancellation by the community energy facility may occur;
       2. 9.3.12.2 The manner in which the community energy facility shall notify the subscriber of the early cancellation of the contract;
       3. 9.3.12.3 The duration of the notice period before early cancellation by the community energy facility; and
       4. 9.3.12.4 The remedies available to the subscriber if early cancellation occurs;

   13. 9.3.13 A statement that the subscriber may terminate the contract prior to the stated term of the contract, including:

       1. 9.3.13.1 The manner in which the subscriber shall notify the community energy facility of the early cancellation of the contract;
       2. 9.3.13.2 The duration of the notice period before early cancellation;
       3. 9.3.13.3 The remedies available to the community energy facility if early cancellation occurs; and
       4. 9.3.13.4 The amount of any early cancellation fee;
   14. 9.3.14 A statement describing contract renewal procedures, if any, including the timing of the notices that the subscriber will receive prior to the renewal date;
   15. 9.3.15 All disclosures required by applicable laws and regulations that govern marketing, consumer protection, and door-to-door sales, including the Delaware Home Solicitation Sales Act,6Del.C.§4401et seq;
   16. 9.3.16 The data privacy policies of the subscription coordinator and the community energy facility;
   17. 9.3.17 A statement that the community energy facility does not make representations or warranties concerning the tax implications of any bill credits provided to the subscriber; and
   18. 9.3.18 The method of providing notice to the subscribers when the community energy facility is out of service for more than 3 business days, including notice of the estimated duration of the outage and the estimated production that will be lost due to the outage.

4. 9.4 A contract for subscribers may not:

   1. 9.4.1 Provide the application of the law of any jurisdiction other than the United States and Delaware;
   2. 9.4.2 Except as permitted by Section 2 of the Federal Arbitration Act, 9 U.S.C. § 2, as amended, or the Delaware Uniform Arbitration Act, Chapter 57 of Title 10, contain a provision that modifies or limits otherwise available forums or procedural rights, including the right to trial by jury, that are generally available to the individual under applicable law;
   3. 9.4.3 Provide for a location of arbitration outside of the county of the subscriber's location;
   4. 9.4.4 Contain a provision that limits or releases the liability of the community energy facility for not performing the contract;
   5. 9.4.5 Contain a provision that subjects a subscriber to a credit check to enroll;
   6. 9.4.6 Contain a provision that requires a subscriber to provide more than 90 days notice to cancel a subscription; or
   7. 9.4.7 Contain a provision that allows the community energy facility or subscription coordinator to terminate the contract absent good cause.
5. 9.5 At the time of completion of the contracting process, a community energy facility or subscription coordinator shall provide the subscriber with a copy of the executed contract and completed contract summary.

6. 9.6 If a contract is completed through the internet, the executed contract and completed contract summary shall be:

   1. 9.6.1 Made available for download by the subscriber at the time of contracting; and
   2. 9.6.2 Transmitted to the subscriber by the community energy facility or subscription coordinator by mail or by email if the subscriber consents to receipt of email disclosures.
7. 9.7 If a contract is completed in person, the executed contract and the completed contract summary shall be reviewed with the subscriber and provided to the subscriber in hard copy at the time of contracting, or electronically at the time of contracting if the subscriber consents to electronic disclosures.
8. 9.8 A subscriber that wants to cancel a contract shall first attempt to cancel the contract according to the terms of the contract.
9. 9.9 If a subscriber attempts to cancel a contract by contacting Delmarva first, Delmarva shall direct the subscriber to contact the community energy facility through the means detailed in the contract.
10. 9.10 For contracts with automatic renewal provisions, the community energy facility must provide subscribers with written notice of the pending renewal of a contract at least 30 days and no more than 60 days before the cancellation deadline pursuant to the automatic renewal provision and must otherwise comply with the requirements of6Del.C.§2734. The community energy facility or subscription coordinator must retain records showing that the written notice was provided, including copies of the written notices, for at least 5 years. The community energy facility or subscription coordinator shall provide these notices to the DPA, the Commission, or Commission staff as part of any complaint investigation.

11. 9.11 The written notice to subscribers required under subsection 9.10 shall:

    1. 9.11.1 Be printed in Times New Roman 12-point typeface or larger with 1-inch margins on all sides, and reasonable numbering, lettering, line and paragraph spacing;
    2. 9.11.2 In bold style font, inform the subscriber that the failure to respond to the written notice will result in the automatic renewal of the contract;
    3. 9.11.3 Inform the subscriber of any changes in the material terms and conditions of the expiring contract upon renewal, and include a copy of the proposed contract and contract summary; and
    4. 9.11.4 Inform the subscriber how to terminate the contract without penalty.
12. 9.12 Record Retention. All community energy facilities or their subscription coordinator shall retain a copy of the subscriber's contract, contract summary, verification of enrollment, and the community energy facility's billing and payment history, for a period of 5 years after enrollment or termination of the contract, whichever is later.
13. 9.13 The Commission or Commission staff may audit the contracts of any community energy facility at any time. This audit may include obtaining a subscriber list from Delmarva and requesting copies of subscriber contracts from the community energy facility or their subscription coordinator to confirm compliance with this regulation.

10.0 Subscription Requirements

1. 10.1 A subscriber shall not receive credit for more than 110% of the subscriber's expected aggregate electrical consumption, calculated on the average of the 2 previous 12-month periods of actual electrical usage at the time of subscription with the community energy facility. For new building construction, electrical consumption shall be estimated at 110% of the consumption of units with similar size and characteristics.
2. 10.2 A community energy facility shall not have a single subscription larger than 200 kilowatts or constituting more than 60% of its capacity, not including the host's self-consumption.
3. 10.3 Subscriptions shall be portable, provided that the subscriber remains within Delmarva's service territory. The community energy facility must notify Delmarva of a subscriber's change in address, and any change in subscription size, within 30 days of the change. In cases of relocation, subscribers are entitled to at least 1 revision to their subscription size per move.
4. 10.4 Subscribers shall not sell or transfer a community energy facility subscription to another party other than the community energy facility owner.
5. 10.5 The community energy facility shall provide updated individual subscriber's subscribed percentage to Delmarva if there are any changes to subscriber's subscribed percentage.

6. 10.6 On an annual basis, Delmarva may audit an individual subscriber's subscribed amounts to ensure the amount does not exceed 110% of the subscriber's annual usage, calculated on the average of the 2 previous 12-month periods of actual electrical usage, utilized at the time of the reassessment. If Delmarva determines that a subscriber's subscribed amount exceeds the 110% cap, Delmarva shall notify the community energy facility.

   1. 10.6.1 Upon such notification, the subscriber's community energy facility must resize the subscriber's subscription size to ensure it does not exceed 110% of the historic annual usage, calculated on the average of the 2 previous 12-month periods of actual electrical usage, utilized at the time of the reassessment.
   2. 10.6.2 In cases where the community energy facility fails to provide a subscriber's updated subscribed percentage within 30 days after notification by Delmarva, Delmarva shall be permitted to set the subscriber's percentage of credits to zero.
   3. 10.6.3 Community energy facilities may not charge a subscriber an amount greater than the dollar value of the credits received by the subscriber from Delmarva for each billing period.
7. 10.7 The community energy facility shall ensure that the net-metered generation output from the facility is accurate. The amount of electricity generated each month available for allocation as subscribed or unsubscribed energy shall be determined by a production meter that meets or exceeds the ANSI C12.1-2008 accuracy standards installed, maintained, and owned by Delmarva, and paid for by the owner of the community energy facility.
8. 10.8 The community energy facility shall retain ownership of all RECs and SRECs associated with the electric energy it produces unless it has relinquished such ownership by contractual agreement with a third party or its subscribers. The terms REC and SREC shall have the same meaning as defined in26Del.C.§352.
9. 10.9 The community energy facility may change its list of subscribers no more than once per month. The community energy facility shall provide a written request to Delmarva for any such changes no less than 30 days prior to the requested change.
10. 10.10 The community energy facility may update its subscribers' percentage of generation allocation no more than once per month. The community energy facility shall provide 30 days' written notice to Delmarva before any such changes.
11. 10.11 Delmarva shall only allow meter aggregation for subscriber accounts for which Delmarva provides electric distribution services.
12. 10.12 Delmarva may require all subscribers of a community energy facility to have their meters read on the same billing cycle.
13. 10.13 A subscriber may subscribe to more than 1 community energy facility but not more than 4, and no subscriber may subscribe for greater than 110% of their aggregate electrical consumption as defined in26Del.C.§1014(f)(2).

14. 10.14 A subscriber may request that the subscriber's subscription size be reduced by providing written notice to the community energy facility or subscription coordinator. Any request shall be handled as follows:

    1. 10.14.1 A community energy facility or the subscription coordinator shall include the requested reduction in the subscription updates to Delmarva within 60 days of receiving the subscriber request.
    2. 10.14.2 After Delmarva processes the subscription change, the community energy facility or the subscription coordinator shall only bill the subscriber based on the updated subscription size and updated bill credit. It is the responsibility of the community energy facility or the subscription coordinator to allocate the reduction properly to other subscribers if the reductions will result in the facility having more than 10% unsubscribed energy.

11.0 Community Energy Facility Bills to its Subscribers

1. 11.1 The community energy facility or the subscription coordinator is responsible for the billing and collection of any subscription fees directly to subscribers.

2. 11.2 The community energy facility's or subscription coordinator’s bill to subscribers shall be easy to understand, be in clear and plain language, and must contain the following information in at least 12-point font:

   1. 11.2.1 The name, address, website (if any), and customer service telephone number of the community energy facility or subscription coordinator;
   2. 11.2.2 The due date for payment;
   3. 11.2.3 An itemized list of each service or product billed for the current billing period including other agreed to charges and indicate whether the charge is from the community energy facility for the subscription or a charge from the subscription coordinator;
   4. 11.2.4 The number of credits (kWh) generated by the community energy facility for the subscriber and the total dollar value of the credit;
   5. 11.2.5 The total dollar amount charged to the subscriber based on the total dollar value of the credit received on the subscriber's Delmarva bill;
   6. 11.2.6 The total charge for each service or product;
   7. 11.2.7 The amount of payment or other credit applied to subscriber's outstanding balance during the billing period;
   8. 11.2.8 The amount still owed by the subscriber from the previous billing period;
   9. 11.2.9 Appropriate taxes and fees;
   10. 11.2.10 Definitions of material terms used in the bill; and
   11. 11.2.11 If applicable, late fees as defined in the contract. Late fees must be clearly identified as such.
3. 11.3 A community energy facility without a valid final certificate to operate shall not bill its subscribers. A subscription coordinator shall not bill subscribers on behalf of community energy facilities without a valid final certificate to operate.

12.0 Change in Ownership and Assignment of Contracts

1. 12.1 Prior to the effective date of any assignment or transfer of the ownership of a community energy facility with a final certificate to operate to a person or company who is not an existing community energy facility with a final certificate to operate, the new owner must obtain a final certificate to operate under Section 5.0 of this regulation.

2. 12.2 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:

   1. 12.2.1 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;
   2. 12.2.2 Coordinate with Delmarva the transfer of ownership;

   3. 12.2.3 Send a letter to the subscribers informing them of the assignment or transfer. The letter shall include:

      1. 12.2.3.1 A description of the transaction in clear and concise language including the effective date of the assignment or transfer;
      2. 12.2.3.2 Customer service contact information for the assignee; and
      3. 12.2.3.3 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.
3. 12.3 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.

4. 12.4 If a preliminary certificate to operate has been issued, but a final certificate to operate has not yet been issued, then any change in ownership shall be handled as follows:

   1. 12.4.1 Notice must be provided to the Commission within 30 days of the change of ownership.
   2. 12.4.2 The new owner must complete an application for a preliminary certificate to operate pursuant to Section 4.0 within 30 days of the effective date of the ownership change.
   3. 12.4.3 The previous owner and new owner must coordinate with Delmarva regarding the transfer of ownership.

13.0 Delmarva's Billing of Community Energy Facility Credits to Subscribers

1. 13.1 Bill credits. Delmarva shall calculate the amount of the bill credit for a community energy facility subscriber as the subscriber's subscribed percentage of generation valued at the sum of the volumetric (kWh) components of the distribution service charges and tariff supply service charges according to each subscriber's customer account rate schedule. For subscribers under hourly priced service, the applicable rate shall be the average hourly price from the previous calendar year. For subscribers being served by other than the standard offer service supplier, the applicable rate for supply service shall be the standard offer service rate for the subscriber's rate classification.

   1. 13.1.1 Delmarva shall display the monthly bill credit amount on the subscriber's monthly Delmarva bill as a discrete monetary line item, showing the kWh credit multiplied by the applicable rate. For subscribers who subscribe to multiple community energy facilities, the bill must show separate credit amounts for each community energy facility, identifying which community energy facility produced the credit. Delmarva shall subtract the bill credit amount from the full amount due on the subscriber's monthly electricity bill.
   2. 13.1.2 Any excess net bill credit that rolls over from previous months shall be displayed as a dollar amount on the subscriber's monthly bill as a negative "Balance Forward". For subscribers who subscribe to multiple community energy facilities, the bill will aggregate the excess net bill credits and display the excess credits on the subscriber's monthly bill as a negative "Balance Forward".

2. 13.2 Annualized billing period. Delmarva shall establish an annualized billing period for each subscriber.

   1. 13.2.1 The annualized billing period shall begin on the day a subscriber first earns a community energy facility bill credit based on the delivery of energy.
   2. 13.2.2 The annualized billing period shall continue for a period of 12 months, until the subscription ends, or until the subscriber's Delmarva account is closed, whichever occurs earlier.

3. 13.3 Unsubscribed Energy

   1. 13.3.1 Delmarva shall compensate community energy facilities for any unsubscribed energy that constitutes 10% or less of the community energy facility's generation output using the average annual locational marginal price of energy in the DPL Zone based on the prior calendar year.
   2. 13.3.2 Delmarva shall not compensate community energy facilities for any unsubscribed energy that is greater than 10% of the community energy facility's generation output.

14.0 Delmarva's Recovery of Costs

1. 14.1 Interconnection costs. The community energy facility shall be responsible for all costs associated with its interconnection to Delmarva's distribution system. Any requirements necessary to permit interconnected operations between the community energy facility and Delmarva, and the costs associated with such requirements, shall be dealt with in a manner consistent with a standard tariff filed with the Commission by Delmarva.

2. 14.2 Additional costs. The community energy facility shall be responsible for any additional costs incurred by Delmarva, including billing-related costs associated with the community energy facility subscribers.

   1. 14.2.1 Within 30 days of the effective date of this regulation, Delmarva shall present a report to the Commission that provides such costs incurred by Delmarva and a calculation of the associated charges to community energy facilities. The costs and recovery thereof shall be set forth through a rider on community energy facilities.
   2. 14.2.2 Reporting on the cost recovery mechanism shall be presented in semi-annual reports which shall be filed by Delmarva with the Commission.
   3. 14.2.3 If a community energy facility disputes the charges or the cost recovery mechanism, the community energy facility may file a complaint in accordance with the Commission's Rules of Practice and Procedure, codified at26DE Admin. Code1001, subsection 2.2,et. seq.
3. 14.3 Energy offset. Delmarva shall use the energy generated from a community energy facility to offset purchases from wholesale electricity suppliers for standard offer service.

15.0 Regulation, Fees, Penalties

1. 15.1 Neither subscribers nor owners of community energy facilities shall be subject to regulation as either public utilities or electric suppliers, except as set forth in26Del.C.§1014(f)(15).
2. 15.2 Community energy facilities must pay applicable fees under26Del.C.§1014(f)(13 and 15), which include the fees set forth in26Del.C.§114.
3. 15.3 Community energy facilities must pay applicable assessments under26Del.C.§115. Under §115, the "gross operating revenue" shall equal the sum of the net-metering credits produced by the community energy facility plus the revenue derived from unsubscribed energy.
4. 15.4 Community energy facilities shall adhere to State and the Federal Energy Regulatory Commission rules and regulations.
5. 15.5 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.
6. 15.6 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.
7. 15.7 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.

16.0 Consumer Protection

1. 16.1 All items in this Section apply to all community energy facilities and subscription coordinators ("the party or parties") unless stated otherwise.
2. 16.2 Enforcement. In addition to the penalties described in Section 15.0 of this regulation, any violation of the consumer protection rules set forth in this subsection shall be deemed an unlawful practice in violation of6Del.C.§2513and may be investigated and prosecuted by the Consumer Protection Unit, in accordance with6Del.C.§1203C, 2513(b)(3), and29Del.C.§2520(b). No action or inaction by the Commission under this regulation shall affect the right of the Consumer Protection Unit to enforce State consumer protection laws.

3. 16.3 General consumer protections

   1. 16.3.1 The parties are responsible for any discriminatory, false, fraudulent, deceptive or unlawful marketing, sales, billing, or collections acts performed by its agents, including lead generation firms, in the conduct of marketing, sales, billing, or collections activities.

   2. 16.3.2 No community energy facility or subscription coordinator shall:

      1. 16.3.2.1 Engage in illegal, fraudulent, false, misleading, or deceptive conduct or make false, misleading, or deceptive statements or representations in any dealings with subscribers or prospective subscribers;
      2. 16.3.2.2 Discriminate against any subscriber or prospective subscriber, based wholly or partly, on race, color, creed, national origin, or gender of an applicant for service or for any arbitrary, capricious, or unfairly discriminatory reason;
      3. 16.3.2.3 Refuse to provide service to a subscriber except by the application of standards that are reasonably related to the parties’ economic and business purposes; or
      4. 16.3.2.4 Engage in slamming or cramming. If it is reported that a party has engaged in slamming or cramming, or both, the party may be subject to investigation and, after a hearing, the Commission may impose penalties or require the party to void or refund all of the charges in question.

   3. 16.3.3 Customer information. The parties shall put into place safeguards to prevent the disclosure of subscribers' customer information and shall provide subscribers with a copy of its customer information privacy policy. A party shall keep the subscriber's customer information in a secure and protected location and shall treat information received from prospective subscribers, including those who do not subscribe, in accordance with this subsection. The parties shall not disclose subscriber’s customer information except:

      1. 16.3.3.1 Upon authorization by the subscriber;
      2. 16.3.3.2 To a state or federal authority;
      3. 16.3.3.3 To Delmarva; or
      4. 16.3.3.4 As otherwise authorized by law.

4. 16.4 Consumer protection relating to enrollment, marketing, and advertising

   1. 16.4.1 A party shall comply with all federal, state and local laws applicable to the advertising or marketing of its services, and it shall be a violation of this regulation to fail to comply with such laws.

   2. 16.4.2 No party shall make misrepresentations or use deceptive practices relating to its own services, the services of another party, or the services provided by Delmarva in its solicitations, advertising, or marketing materials. These materials include radio or television advertisements, mail, e-mail, website claims, social media, telephone, and person-to-person contacts, including door-to-door sales. Deceptive practices include:

      1. 16.4.2.1 Saying or suggesting to a prospective subscriber that they are required to choose a party;
      2. 16.4.2.2 Saying or suggesting to a prospective subscriber that their service will suffer degradation or risk if they do not choose a party; and
      3. 16.4.2.3 Suggesting a relationship that does not exist with the subscriber's SOSS, Delmarva, any government agency, or another community energy facility.

   3. 16.4.3 Telephone Solicitations and Enrollments

      1. 16.4.3.1 A party soliciting subscribers by telephone shall comply with all applicable Delaware and federal laws, including the Telephone Consumer Protection Act of 1991 (15 U.S.C. §§6151 et seq.), the Telemarketing Consumer Fraud and Abuse Prevention Act of 1994 (15 U.S.C. §§6101 et seq.), and the Delaware Telemarketing Fraud Act (6Del. C.§§ 2501Aet seq.).
      2. 16.4.3.2 When a subscriber enrolls with a party during a telemarketing call, the party shall record the entire telephone call between the subscriber and the party or 1 of the party's agents.

      3. 16.4.3.3 The party shall maintain a copy of the recorded sales call and TPV, if applicable, for a period of 5 years after the expiration of the residential or small commercial subscriber's contract.

         1. 16.4.3.3.1 TPV means a third party verification used as a method to record consent from a customer agreeing to each of the material listed in this regulation and contract terms that is recorded by an independent person not party to the agreement or that may be performed by an automated, computerized system. To be valid, the TPV must occur without the presence of the sales agent, and at the outset must describe how the customer can cancel the TPV and the enrollment at any time prior to completion without penalty. The consent from the customer must be given without unreasonable assistance from the individual conducting the TPV and must include an acknowledgement from the customer:

            1. 16.4.3.3.1.1 That the customer is voluntarily choosing to enroll;
            2. 16.4.3.3.1.2 Of the type of product offered (introductory, variable, fixed, or some combination);
            3. 16.4.3.3.1.3 Of the price that will be charged for the first month's service and when or if the price may change;
            4. 16.4.3.3.1.4 Of the duration of the contract;
            5. 16.4.3.3.1.5 Of the amount of an early termination fee (if applicable);
            6. 16.4.3.3.1.6 If a residential customer, that the customer is the account holder or authorized to make the switch;
            7. 16.4.3.3.1.7 If a commercial customer, that the customer is authorized to make the switch;
            8. 16.4.3.3.1.8 That the customer has been provided with information on how the contract can be renewed and, if applicable, what the party can do if the customer fails to respond to the renewal notice;
            9. 16.4.3.3.1.9 That the customer has been provided information on how to access the party’s historical pricing information;
            10. 16.4.3.3.1.10 That the customer has been provided information on how to access future pricing information; and
            11. 16.4.3.3.1.11 That the customer has received the party’s customer support contact information.
      4. 16.4.3.4 The party shall immediately halt any telemarketing call upon the request of the prospective subscriber.

   4. 16.4.4 Door-to-Door Solicitations and Enrollments

      1. 16.4.4.1 Door-to-door sales at a residential dwelling shall be conducted by a party’s agent between the hours of 9:00 a.m. to 8:00 p.m. prevailing Delaware time. When a local ordinance has stricter limitations, the agent shall comply with the local ordinance.

      2. 16.4.4.2 For door-to-door sales, the agent shall promptly:

         1. 16.4.4.2.1 Identify the party they are representing;
         2. 16.4.4.2.2 State that the individual and the party do not represent Delmarva or any governmental agency;
         3. 16.4.4.2.3 State that the purpose of the visit is to sell a community energy facility subscription;
         4. 16.4.4.2.4 Prominently display an identification badge; and

         5. 16.4.4.2.5 Offer a business card or other material that lists:

            1. 16.4.4.2.5.1 The party’s name and contact information, including telephone number; and
            2. 16.4.4.2.5.2 The agent's name and any other identification numbers provided to the sales agent by the party or 1 of the party's agents.

      3. 16.4.4.3 Until the agent has provided the information required in subsection 16.4.4.2 of this regulation, an agent performing a door-to-door sale may not request a potential subscriber's:

         1. 16.4.4.3.1 Community energy facility account number;
         2. 16.4.4.3.2 Delmarva account number; or
         3. 16.4.4.3.3 Electric bill.

      4. 16.4.4.4 In connection with any door-to-door sale, it is a violation of this regulation for any party or 1 of the party's agents to:

         1. 16.4.4.4.1 Fail to leave the prospective subscriber's premises upon request in a prompt and courteous manner; or
         2. 16.4.4.4.2 Fail to inform each subscriber orally, at the time the subscriber signs the contract, of the right to rescind without penalty or fee within 3 business days from the date of the transaction.
   5. 16.4.5 Internet enrollments. For electronic contracting on the internet, the party’s website must be configured to prompt the subscribers to review and agree to the contract and contract summary before the contract is final, and to print or save the contract and contract summary.
   6. 16.4.6 The community energy facilities and subscription coordinators shall not be entitled to the customer list described in26DE Admin. Code3001, subsection 3.3.

   7. 16.4.7 Agent Training

      1. 16.4.7.1 The parties shall ensure the training of the party's agents on the following subjects:

         1. 16.4.7.1.1 State and Federal laws and regulations that govern marketing, telemarketing, and door-to-door sales (for those agents engaging in telemarketing or door-to-door sales), including consumer protection regulations required by Delaware law and regulations;
         2. 16.4.7.1.2 The party’s products and services;
         3. 16.4.7.1.3 The party’s prices, price structures and payment options;
         4. 16.4.7.1.4 The subscriber's right to rescind and cancel contracts;
         5. 16.4.7.1.5 The applicability of an early termination fee for contract cancellation when the party has one;
         6. 16.4.7.1.6 The party’s contract and contract summary;
         7. 16.4.7.1.7 The necessity of correctly and fully explaining the contract and contract summary, while relying on a standard sales script and knowledge of the contents of the sales script, if one is used;
         8. 16.4.7.1.8 The proper completion of transaction documents;
         9. 16.4.7.1.9 Information about how subscribers may contact the party to obtain information about billing, disputes, and complaints; and
         10. 16.4.7.1.10 The confidentiality and protection of subscribers' customer information.
      2. 16.4.7.2 A party shall document the training of an agent and maintain a record of the training for 3 years from the date the training was completed.
      3. 16.4.7.3 A party shall make training materials and training records available to the Commission, DPA, and the Consumer Protection Unit upon request.
      4. 16.4.7.4 When a party contracts with an independent contractor or vendor to perform marketing or sales activities on the party's behalf or purchases leads from an independent contractor or vendor, the party shall confirm that the contractor or vendor has provided approved training to its agents in accordance with this subsection.

      5. 16.4.7.5 The party shall routinely monitor telemarketing calls and door-to-door sales calls to:

         1. 16.4.7.5.1 Evaluate the party’s training program; and
         2. 16.4.7.5.2 Ensure that agents are providing accurate and complete information, complying with applicable regulations and providing courteous service to customers and subscribers.
      6. 16.4.7.6 The parties shall maintain records of such monitoring activities, results, and actions taken in response to the results of the monitoring activities and make such records available to the Commission, DPA, and the Consumer Protection Unit upon request.
5. 16.5 Total cost. The cost to a subscriber shall not exceed the total monetary benefit the subscriber receives for a subscription to a community energy facility. In determining the cost to the subscriber, this includes the subscription fee to the community energy facility, any fees charged by the subscription coordinator to the subscriber, and any other charges not required by State or Federal law. All bills issued to a subscriber by a community energy facility or subscription coordinator must comply with Section 11.0 of this regulation.
6. 16.6 Security Deposits. Subscribers shall not be charged a security deposit by a community energy facility or a subscription coordinator.

17.0 Complaint Procedures

1. 17.1 Complaint procedures to be followed by the subscriber (or a broker acting on behalf of a subscriber)

   1. 17.1.1 A subscriber (or a broker acting on behalf of a subscriber) should first notify the community energy facility or subscription coordinator of the complaint.
   2. 17.1.2 If the community energy facility or subscription coordinator does not resolve the complaint, the subscriber (or broker acting on behalf of a subscriber) may file an informal complaint with the DPA pursuant to26DE Admin. Code1001, subsection 2.2.
   3. 17.1.3 If the community energy facility, subscription coordinator, or DPA does not resolve the complaint, the subscriber (or a broker acting on behalf of a subscriber) may file a formal complaint with the Commission pursuant to26DE Admin. Code1001, subsection 2.3.
   4. 17.1.4 A broker acting on behalf of a subscriber must provide written proof to the Commission and the DPA, with a copy to the community energy facility, that it is authorized to act on the subscriber's behalf in order to file a complaint.

2. 17.2 Complaint procedures to be followed by the community energy facility and subscription coordinator:

   1. 17.2.1 The community energy facility and subscription coordinator shall use good faith efforts to respond to and resolve complaints.
   2. 17.2.2 The community energy facility and subscription coordinator shall investigate subscriber inquiries, disputes, and complaints concerning marketing, sales, billing, and collections practices. The community energy facility and subscription coordinator shall cooperate with the Commission, DPA, the Consumer Protection Unit, and other government agencies that are investigating complaints about marketing, sales, billing, or collections practices prohibited by State and Federal laws, and with local law enforcement officials that are investigating complaints about violations of local municipal law.
   3. 17.2.3 The community energy facility and subscription coordinator shall implement an internal process for responding to and resolving subscriber inquiries, disputes, and complaints. The process shall document as a record the subscriber inquiry, dispute, or complaint, subsequent communications between the community energy facility, subscription coordinator, and the subscriber, and the resolution of the inquiry, dispute or complaint. The community energy facility and subscription coordinator shall retain the record for 5 years from the later of the date of resolution of the complaint or the date of last contact with the subscriber in a system capable of retrieving that record by subscriber name and account number or by other effective means to obtain access to the information.
   4. 17.2.4 If the subscriber, community energy facility, and subscription coordinator are not able to come to a resolution, the community energy facility and subscription coordinator will inform the subscriber that the subscriber may contact the DPA, the Consumer Protection Unit, or both.
   5. 17.2.5 In any complaint proceeding, the burden of proof shall be on the community energy facility and subscription coordinator to establish, if applicable, that its agents were adequately trained, and that the subscriber was enrolled in accordance with this regulation.

18.0 Reports to be Provided to the Commission and DPA

1. 18.1 Community energy facilities shall provide such information concerning their State operations to the Commission and the DPA as the Commission may from time-to-time request, including any reporting requirements contained herein. Reports shall be filed electronically in the Commission’s electronic filing system.

2. 18.2 Required 10-Day notifications. Community energy facilities shall notify the Commission and the DPA within 10 business days of any of the following actions:

   1. 18.2.1 Revocation of authority to sell subscriptions in any jurisdiction;
   2. 18.2.2 Revocation of an affiliate interest's authority to sell subscriptions in any jurisdiction; or
   3. 18.2.3 A change in the principal officers responsible for Delaware operations previously provided pursuant to this regulation.

3. 18.3 Required 30-Day notifications and annual reports. A community energy facility shall provide the following information to the Commission and the DPA within 30 calendar days of occurrence and annually by April 30th of each year:

   1. 18.3.1 Any changes in the community energy facility's name or tax identification number or employer identification number previously provided pursuant to this regulation;
   2. 18.3.2 Any changes in the community energy facility's business address previously provided pursuant to this regulation;
   3. 18.3.3 Any changes to the regulatory contact, customer complaint contact, or assessment contact previously identified pursuant to this regulation;
   4. 18.3.4 The identity of any state in which the community energy facility has had its authority to sell subscriptions to customers revoked, modified or suspended since the filing of the last annual report;
   5. 18.3.5 Any changes to the organizational structure previously provided pursuant this regulation;
   6. 18.3.6 A statement detailing any criminal activities relating to fraud or financial misconduct of which the community energy facility or any of its affiliate interests has been arrested, indicted or convicted, or which the principal or corporate officers have been arrested, indicted or convicted, since the filing of the last annual report;
   7. 18.3.7 A copy of any stipulation, order, or decree concerning a formal, docketed complaint or investigation of the community energy facility's marketing and sales activities in other jurisdictions;
   8. 18.3.8 A list of any states in which any formal complaint investigations have been initiated against the community energy facility or any of its affiliate interests since the filing of the last annual report; and
   9. 18.3.9 A list of any states in which disciplinary actions have been taken against the community energy facility or any of its affiliate interests since the filing of the last annual report.
   10. 18.3.10 Any change to the designated subscription coordinator the community energy facility has contracted for services.
4. 18.4 As required by subsection 7.4 of this regulation, every 3 years, community energy facilities shall provide a certification to the Commission in writing that it meets the low-income provisions as set forth in Section 7.0.

5. 18.5 Required 60-day notification. A community energy facility shall provide a 60-day notice to the Commission and DPA for any changes to the contract approved by the Commission as part of the final certificate to operate application. This filling shall occur at least 60 days before any changes are to take effect.

   1. 18.5.1 The community energy facility shall file the amended contract in the Commission’s electronic filing system. This shall include a clean version of the amended contract and a red-line version of the amended contract.
   2. 18.5.2 The filing shall include information related to how the community energy facility intends to notify subscribers of the changes to the contract terms.
   3. 18.5.3 Commission staff will review the amended contract within 45 days of submission and provide notice to the community energy facility if the amended contract complies with this regulation.

19.0 Delmarva Reporting Requirements

1. 19.1 Delmarva shall submit an annual community energy facility report to the Commission, 90 days after the end of the calendar year. The report shall include the following information from the previous calendar year:

   1. 19.1.1 A listing showing the name of each community energy facility for which subscriber credits were issued for that calendar year and include the following information for each facility:

      1. 19.1.1.1 The physical address of the facility;
      2. 19.1.1.2 The total rated generating capacity of the facility;
      3. 19.1.1.3 The total net kilowatt-hours received by the subscribers of the facility;
      4. 19.1.1.4 The total net dollar amount of credits received by the subscribers of the facility;
      5. 19.1.1.5 The total kilowatt-hours of energy produced by the facility;
      6. 19.1.1.6 The total kilowatt-hours of unsubscribed energy of the facility; and
      7. 19.1.1.7 The total kilowatt-hours of unsubscribed energy purchased by Delmarva including the total dollar amount paid by Delmarva.
2. 19.2 The annual community energy facilities report may be revised as necessary to reflect changes in information available from community energy facilities upon consultation and agreement between Delmarva and Commission staff.

3. 19.3 Delmarva shall provide to the community energy facilities an informational report including the allocation of credits to subscribers in the corresponding billing period.

   1. 19.3.1 The report shall be provided no later than the last day of each calendar month following the month of the community energy facilities meter reading by Delmarva.
   2. 19.3.2 Within 30 days of the effective date of this regulation, Delmarva shall present a proposed form of the monthly report to the Commission for its review and approval.
   3. 19.3.3 Delmarva shall retain copies of the reports for a period of 5 years.
   4. 19.3.4 Delmarva shall produce any of these reports upon request of Commission staff.

20.0 Other General Rules

1. 20.1 Proprietary Information. Under Delaware's Freedom of Information Act, 29Del. C.Ch. 100, all information filed with the Commission is considered of public record unless it contains "trade secrets and commercial or financial information obtained from a person which is of a privileged or confidential nature."29Del.C.§10002(o). To qualify as a non-public record under this exemption, materials received by the Commission must be clearly and conspicuously marked on the title page and on every page containing the sensitive information as "proprietary" or "confidential" or words of similar effect. A redacted public version and an attestation that the information is not subject to public inspection or disclosure must accompany the information filed. The Commission shall presumptively deem all information so designated to be exempt from public record status. However, upon receipt of a request for access to information designated proprietary or confidential, the Commission may review the appropriateness of such designation and may determine to release the information requested. Prior to such release, the Commission shall provide the entity which submitted the information with reasonable notice and an opportunity to show why the information should not be released.

2. 20.2 Failure to Comply with26DE Admin. Code3013.

   1. 20.2.1 The failure by any community energy facility to comply with the requirements in26DE Admin. Code3013may result in penalties, including monetary assessments, suspension, or revocation of the community energy facility's final certificate to operate, or other sanction as determined by the Commission.
   2. 20.2.2 If a community energy facility has a similar license issued by another state, the federal government, or PJM or similar entity suspended or revoked, the Commission may suspend or revoke the community energy facility's final certificate to operate after notice and an evidentiary hearing.
   3. 20.2.3 The failure of any subscription coordinator to comply with the requirements of26DE Admin. Code3013may result in penalties, including monetary assessments, suspension, or revocation of the subscription coordinator’s authority to conduct subscription coordinator business in the State of Delaware.
   4. 20.2.4 If a subscription coordinator has a similar authority issued by another state or federal government suspended or revoked, the Commission may suspend or revoke the subscription coordinator’s authority to conduct such business after notice and an evidentiary hearing.
3. 20.3 The Commission staff may submit a petition to the Commission requesting a waiver of any provisions of this regulation that is not required by statute. Such a petition may be granted if the Commission determines that compliance with the provision is rendered impracticable due to external factors beyond the control of the regulated party. The petition must demonstrate the specific conditions that justify the waiver and propose alternative measures, if any, to achieve the underlying objectives of the regulation.

29 DE Reg. 710 (02/01/26)

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29 DE Reg. 710 (02/01/26)

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27 DE Reg. 987 (06/01/24)

29 DE Reg. 710 (02/01/26)