CHAPTER 155

AN ACT TO AMEND CHAPTER 1, TITLE 26, DELAWARE CODE, RELATING TO THE PUBLIC SERVICE COMMISSION AND ITS CHARGES AND FEES, AND REIMBURSEMENT BY UTILITIES FOR CERTAIN COSTS AND EXPENSES, AND THE ESTABLISHMENT OF A REVOLVING FUND.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. § 113, Title 26, Delaware Code, is amended by striking out and repealing said section and by inserting and enacting in lieu thereof a new § 113 to read as follows:

§ 113. Charges and fees, and costs and expenses of proceedings; establishment of revolving fund

(a) The Commission shall make and impose the following filing, copying, inspection and other charges and fees:

(1) For filing the Annual Financial Statement of any public utility

(2) For filing each application for a Certificate of Public Convenience and Necessity (for original authority or for extension): for filing each application for approval of a transfer of a Certificate of Public Convenience and Necessity or of a transfer of any public utility rights or franchise

(3) For filing each Application for approval or authority to discontinue or abandon all or any part of any public utility operation or route or service; for filing each application for approval to substitute non-agency for agency stations, or to substitute one type of service for another

(4) For each filing of rate or tariff schedules, or amendment thereto, or notice of changes therein, or Petition or Application to Increase Rates

(5) For filing each Petition or Application under Section 165 (a) (1), Title 26 of the Delaware Code

(6) For filing each Petition or Application under Section 165 (a) (2) or (3), Title 26, of the Delaware Code, in accordance with the following fee schedule based upon the aggregate amount of the stocks, (by par value or by stated value if no par) notes, bonds, other evidences of indebtedness with respect to Section 165 (a) (2), or obligation or liability with respect to Section 165 (a) (3):

$5;00

$50.00

$25.00

$10.00

$50.00

Aggregate Amount

Fee

$1--$5,000 inclusive

$10

$5,001--$25,000 inclusive

25

$25,001--$50,000 inclusive

50

$50,001--$100,000 inclusive

75

$100,001--$200,000 inclusive

125

$200,001--$300,000 inclusive

200

$300,001--$500,000 inclusive

300

$500,001--$1,000,000 inclusive

400

For each additional $25,000

1

(7) For preparing and certifying to the Superior Court any record in an Appeal

(8) For certifying a copy of each paper, order, record, transcript or any other official document other than to the Superior Court

(9) For typewritten copies of any papers, documents, orders, records, transcripts or any other official document

$50.00

$2.00

$.50

for each original page and 10ยข for each copy of a page

(10) For the original equipment or vehicle inspection by the Commission or any of its staff

(11) For each subsequent inspection of equipment or vehicle by the Commission or any of its staff

(12) Upon request therefor by either a consumer or a utility, for testing each water meter having an outlet not exceeding one (1) inch

(13) Upon request therefor by either a consumer or a utility, for testing each water meter having an outlet of more than one (1) inch but not exceeding two (2) inches

(14) Upon request therefor by either a consumer or a utility, for testing each electric meter

(15) The charge of fee for any services rendered by the Commission in filing papers, documents, records or other items not expressly provided for in this sub-section (a), shall be fixed by the Commission from time to time.

$10.00

Per vehicle or piece of equipment

$5.00

Per vehicle or piece of equipment

$2.00

$5.00

$2.00

(b) Whenever the Commission, in a proceeding upon its own initiative or upon complaint or upon written Application to it, shall deem it necessary in order to carry out its statutory duties, to investigate the operations, services, practices, accounting records and/or procedures, rates, charges, rules and regulations, of any public utility, and/or to make valuations or revaluations of the property of any public utility, and/or to enter into and hold a Hearing or Hearings in connection therewith, such public utility shall be charged with and pay such portion of the expenses of the Commission, and the compensation and expenses of its agents, representatives, consultants and employees, including but not limited to those temporarily employed or retained, as is reasonably attributable to such investigation, valuation or revaluation, Hearing or Hearings, provided that notice of the Commission's intent so to charge such public utility shall be given to such public utility or to its counsel of record at the commencement of such investigation, valuation, revaluation, Hearing or Hearings, and provided further that an opportunity to be heard thereon shall first be given to such public utility. No charge shall be made for the compensation of Commissioners.

From time to time as the investigation, valuation, revaluation, Hearing or Hearings progresses, or upon completion thereof, the Commission shall ascertain its costs incurred in connection therewith, including but not limited to the expenses of the Commission and the compensations and expenses of its agents, representatives, consultants and employees, including those temporarily employed or retained, and shall determine the amount thereof to be paid by the public utility and shall render a bill therefor by registered mail to the public utility. Such bill shall be rendered either at the conclusion of the investigation, valuation or revaluation, Hearing or Hearings, or from time to time during the progress thereof. The Commission shall furnish the public utility such itemization of said bill as may be requested by said public utility. The public utility shall have the right to audit said bill within a reasonable period after its rendition by the Commission and shall have the opportunity to be heard as to any or all of the items included in the bill. The amount of such bill as finally rendered by the Commission following such hearing and any appeal therefrom shall be paid by such public utility to the Commission within thirty days from the date of its rendition. The amount assessed against a public utility, not paid within thirty days after such determination, shall draw interest at the rate of six per centum per annum.

The expenses of the Commission and the compensation and expenses of its agents, representatives, consultants and employees, including but not limited to those temporarily employed or retained, reasonably attributable to any appellate court proceedings in either or both the Superior or Supreme Court of the State of Delaware growing out of any order, opinion, decision or findings of the Commission shall also be ascertained, charged, billed to and paid for the public utility in accordance with the foregoing conditions and procedures.

Whenever the investigation, valuation, revaluation, Hearing, Hearings, or appellate court proceedings involves the affairs and operations of two or more public utilities jointly, the charges made hereunder for such investigation, valuation, revaluation, Hearing, Hearings, or appellate court proceedings shall be prorated among such public utilities upon the basis of their gross intrastate operating revenues for the last preceding calendar year.

The total aggregate amount to be charged by the Commission to any public utility under authority of this section in any calendar year shall not exceed one half of one per centum of such public utility's gross operating revenues derived from intrastate utility operations in the last preceding calendar year, but in no event shall the total aggregate amount to be charged by the Commission to any such utility exceed $50,000 for any calendar year.

(c) A revolving fund obtained from the sums collected pursuant to Subsection (b) above shall be established for the purpose of the Commission paying its expenses and the compensations and expenses of its employees, officers, agents, representatives and consultants, including but not limited to those temporarily employed, engaged in investigating the operations, services, practices, accounting records and/or procedures, rates, charges, rules and regulations, of any public utility, and/or in making valuations or revaluations of the property of any public utility, and/or in connection with any Hearing or Hearings or appellate court proceedings relating thereto. The monies collected from a public utility pursuant to sub-section (b) shall be used only to pay the costs assessed against the public utility pursuant to sub-section (b). All monies collected by the Public Service Commission pursuant to sub-section (b) hereof shall be paid monthly, accompanied by a detailed statement thereof, by the Commission to the State Treasurer; and all of said monies so paid representing the expenses of the Commission and the compensations and expenses of employees, officers, agents, representatives and consultants paid from the revolving fund shall be credited to said revolving fund. At the end of each fiscal year, the balance if any, of the revolving fund, together with collectible accounts receivable billed to any utility or utilities, less any compensations or expenses payable at that date shall be transferred to the general fund of the State of Delaware. All credits to said revolving fund shall be available for payments upon vouchers approved by the Chairman of the Commission.

Approved July 9, 1959.