CHAPTER 22

FORMERLY

HOUSE BILL NO. 5

AS AMENDED BY HOUSE AMENDMENT NO. 1

AN ACT TO AMEND SECTION 114, CHAPTER 1 OF TITLE 26 OF THE DELAWARE CODE RELATING TO THE FEES TO BE CHARGED BY THE PUBLIC SERVICE COMMISSION AND TO SET A NEW, INCREASED SCHEDULE FOR SUCH FEES AND CHARGES.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (three-fifths of all members elected to each house thereof concurring therein):

Section 1. Amend Subchapter I, § 114(a), Title 26, Delaware Code, by striking said subsection (a) in its entirety and substituting in lieu thereof a new subsection (a) to read as follows:

"(a) The Commission may impose charges and fees for filing and for other services rendered by it in accordance with the following schedule of fees:

SCHEDULE OF FEES

1. For filing the annual financial statement of any public

utility $25.00

2. Certificates of Public Convenience and Necessity:

(a) For filing each original application for a certificate of public convenience and necessity (except for telecommunications local exchange service or application for approval of a transfer of such certificate)………………………………………… 750.00

(b) For filing each extension to a certificate of public convenience and necessity (except for telecommunications local exchange service………………. 300.00

(c) For filing each application for a certificate of public convenience and necessity (for original or for extension) to provide telecommunications local exchange service, or application for approval of a transfer of such certificate.................... 3000.00

3. For filing each application for approval or authority to discontinue or abandon all or any part of any public utility operation or service…………………………. 150.00

4. (a) For each filing of rate or tariff schedules, or any amendment thereto or notice of changes therein……………………………………………………………50.00

(b) For each filing of petition or application to increase rates…………... 100.00

5. For filing each petition or application under § 215(a)(1) of this title…… 100.00

6. For filing each petition or application under § 215(a)(2) of this title in accordance with the following schedule based upon the aggregate amount of the stocks (by par value or by stated value if no par), notes, bonds, other evidence of indebtedness. The fee so established is to be used to evaluate such petition or application in lieu of any other assessment……………………………………………………………………

AGGREGATE AMOUNT

Under $1,000,001………………………………………………………..150.00

$1,000,001 - $10,000,000………………………………………………...250.00

$10,000,001 and above…………………………………………………...350.00

7. For preparing and certifying to the Superior Court any record in appeal ...400.00

8. For certifying a copy of each paper, order, record, transcript or any other official document other than to the Superior Court………………………………....10.00

9. Upon request therefor by either a consumer or a utility for testing each water meter having an outlet not exceeding one inch……………………………………...10.00

10. Upon request therefor by either a consumer or a utility for testing each water meter having an outlet of more than one inch but not exceeding two inches………. 15.00

11. Upon request therefor by either a consumer or a utility for testing each electric meter…………………………………………………………………………………10.00

12. The charge or fee for any services rendered by the Commission in tiling papers, documents, records or other items not expressly provided for in this subsection shall be a reasonable charge or fee in relation to the service rendered, not to exceed the highest fee or charge permitted on this schedule of fees fixed by the Commission from time to time."

Section 2. A copy of the "Schedule of Fees" set forth in Section 1 above, accompanied with a citation to this Act shall be maintained and available for public inspection at the offices of the Public Service Commission. The fees and charges set forth in such schedule shall apply to all documents filed and to all services rendered after the date of enactment.

Section 3. The fees and charges imposed under the "Schedule of Fees" set forth in

section 1 above shall be in addition to any fees, charges, or assessments imposed under the provisions of §§ 114(b),(c) and 115 of this title. All monies collected pursuant to such schedule shall be deposited in accord with § 116 of this title.

Approved April 29, 1997