CHAPTER 665

AN ACT TO AMEND TITLE 26, DELAWARE CODE, ENTITLED "PUBLIC UTILITIES" BY INCLUDING WITHIN THE DEFINITION OF "PUBLIC UTILITY" ANY PERSON, CORPORATION OR LEGAL ENTITY THAT NOW OPERATES OR HEREAFTER MAY OPERATE WITHIN THIS STATE ANY HEATING OIL SERVICE SYSTEM, PLANT OR EQUIPMENT WHERE THE HEATING OIL IS DELIVERED DIRECTLY TO RESIDENCES BY MEANS OF A PIPELINE FOR RESIDENTIAL CONSUMPTION AND BY GRANTING AUTHORITY TO THE PUBLIC SERVICE COMMISSION TO ISSUE A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY TO ANY SUCH PERSON, CORPORATION OR LEGAL ENTITY ENGAGED IN SUCH OPERATION ON THE EFFECTIVE DATE OF THIS ACT AND BY ESTABLISHING THE PROCEDURE FOR THE ISSUANCE OF SUCH CERTIFICATE AND THE FILING OF AN APPLICATION THEREFOR.

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

Section 1. Section 101, Title 26, Delaware Code, is amended by adding in the paragraph entitled "Public Utility" after the word "telegraph" and before the word "service" as the same appear in the tenth line of said paragraph, the following:

"heating oil for residential consumption delivered directly to residences by means of a pipeline".

Section 2. Subsection (a), Section 162, Title 26, Delaware Code, is amended by adding after the word "of" and before the word "sections" as the same appear in the first section thereof, the following language:

"subsection (b) of this section and of".

Section 3. Section 162, Title 26, Delaware Code, is amended by adding thereto a new subsection (b) to read as follows:

"(b) If any individual, co-partnership, association, corporation, joint stock company, agency or department of the State, cooperative, or the lesses, trustees or receivers thereof (or the predecessor in interest of any such person, party or legal entity), was in bona fide operation within the State of Delaware on the effective date of this subsection (b) in the furnishing of heating oil for residential consumption delivered directly to residences by means of a pipeline, the Commission shall issue a Certificate of Public Convenience and Necessity authorizing such person, party or legal entity to engage in the sale and distribution of heating oil for residential consumption delivered directly to residences by means of a pipeline without further proceedings, such Certificate to identify by number and date of issuance the Certificate under which the applicant is carrying on such operation, if the application for such Certificate of Public Convenience and Necessity is filed with Commission on a form approved by the Commission within 120 days after the effective date of this Act. Pending the determination of any such application the continuance of such operation without a Certificate of Public Convenience and Necessity shall be lawful. Interruptions of service in such operations under which such person, party or legal entity, or the predecessor in interest thereof, had no control, shall not be considered in determining whether or not there has been an abandonment of any of such operations. In issuing any Certificate of Public Convenience and Necessity hereunder, the Commission, in its discretion, may define and/or limit the territory or territories in the State of Delaware within which the activities authorized by the Certificate may be conducted thereunder, but in no case shall such territory or territories be smaller than the territory or territories in the State of Delaware in which the applicant was in actual bona fide operation on the effective date of this Act. The application for a Certificate of Public Convenience and Necessity under this subsection shall be verified and shall contain such information as the Commission deems necessary to show that the applicant on the effective date of this subsection was in actual bona fide operations, actively and substantially carried on and that the applicant was not engaged merely in isolated, incidental, intermittent, sporadic and infrequent operations. The Commission may adopt and approve such form as it deems necessary for this purpose."

Section 4. This Act shall become effective on July 1, 1970.

Approved July 3, 1970.