CHAPTER 405

FORMERLY

HOUSE BILL NO. 681

AN ACT TO AMEND TITLE 26, CHAPTER 1 OF THE DELAWARE CODE RELATING TO THE RECOVERY OF EXPENSES BY THE PUBLIC SERVICE COMMISSION,

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 §114(b)(1), Chapter 1, Title 26 of the Delaware Code by deleting the present final sentence thereof so that such paragraph shall read:

"(b)(1) 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 bold 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 and 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 such time as the Commission determines that such charge will be required. No charge shall be made for the compensation of Commissioners,"

Section 2. The change in the scope of recovery permitted by this Act shall apply to investigations and proceedings initiated after the enactment of this Act.

Approved July 13, 1998