SENATE BILL NO. 423
AS AMENDED BY SENATE AMENDMENT NO. 1
AN ACT TO AMEND CHAPTER 1 OF TITLE 26 OF THE DELAWARE CODE. IN ORDER TO ALLOW THE PUBLIC SERVICE COMMISSION TO DETERMINE THE APPROPRIATE MANNER FOR GIVING PUBLIC NOTICE TO MATTERS BEFORE IT.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend Subchapter I. § 102(7). Title 26. Delaware Code. by striking said subsection (7) in its entirety.
Section 2. Amend Subchapter I, § 102(8) and § 102(9). title 26, Delaware Code. by striking the designation "(8)" and "(9)" from said subsections and renumbering those subsections -(7)" and "(8)". respectively.
Section 3. Amend Subchapter 1. Title 26. Delaware Code, by adding. immediately after § 1(12. a new section numbered "102A" to read as follows:
"§ 102A. PUBLIC NOTICE.
In any matter or proceeding before the Commission. the Commission may decide the manner and method of giving notice to those persons affected by likely to be affected by. or likely to be interested in the 'natter or proceeding. In making this determination, the Commission shall not be governed by the provisions for notice by publication set out in sections 10115(3 ) and 10124(1) 1l of Title 29 of the Delaware Code. Instead, such notice may be made by :
a. publication in one or more newspapers of general circulation;
b. deliver by mail or other means. of a written notice to those directly affected. such as ratepayers or subscribers:
c a combination of the above c two procedures. or
d. any other means LL Inch is reasonably likely to afford the affected and interested persons notice of the pendency of the matter so that they have the opportunity to present their views. such as the placement of a notice in a customer's bill.
In making its determination. the Commission may consider the nature of the proceedings. the number of persons affected or interested. the ability of alternative means to reach those affected and interested. and the comparative costs of the alternative methods, When. under this chapter. a public utility is required to give notice to the public, the Commission shall set the form and manner of such notice."
Section 4. Amend Subchapter HL § 304. rifle 26, Delaware ('ode. by (I) striking the present third and fourth sentences in said subsection which begin All proposed changes shall be published in a newspaper" and end with "as it ma) prescribe" and (2) substituting in lieu therefore new third and fourth sentences to read as follows:
"Public notice of all proposed changes shall be given in a form and manner set by the Commission. The Commission. for good cause shown. may allow changes in rates without requiring the 60 days notice and/or public notice under such conditions as it may prescribe."
Section 5. This law shall become effective upon enactment. The provisions in this act shall not affect the validity of any notice given in any matter or proceeding previously before, or currently pending before, the Public Service Commission.
Approved July 25, 1996