CHAPTER 240

FORMERLY

SENATE BILL NO. 326

AN ACT TO AMEND SUBCHAPTER III, CHAPTER 1, TITLE 26 OF THE DELAWARE CODE RELATING TO PUBLIC UTILITY RATES.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Section 303 Subchapter III, Chapter I, Title 26 of the Delaware Code by striking subsection (b) thereof in its entirety and substituting in lieu thereof the following:

"(b) The Public Service Commission shall require all utilities operating within its jurisdiction to produce evidence at a public hearing of the need for a change in the fuel adjustment as a part of the rate- making procedure. Notwithstanding any other provisions of this Chapter, such fuel adjustment may include a separate component to adjust for or correct for any difference between actual allowable fuel costs incurred by the utility and fuel costs recovered through base rates and the fuel adjustment. Notice of such hearing shall be advertising in at least 1 newspaper in each of the three counties. As in other applications before the Public Service Commission, the burden of proof that the fuel adjustment change is required shall be upon the utility. No change in the fuel adjustment shall be authorized by the Commission except by affirmative vote of the majority of all members appointed to the said Commission. The Commission shall consider the evidence for and against the proposed change as It would all evidence in any other rate- making procedure."

Section 2. This Act shall take effect 30 days after its enactment into law.

Approved February 5, 1986.