CHAPTER 142

FORMERLY

HOUSE BILL NO. 78

AS AMENDED BY

HOUSE AMENDMENT NOS. 1 & 3

AN ACT TO AMEND TITLE 26, DELAWARE CODE, RELATING TO THE PUBLIC SERVICE COMMISSION AND THE ASSESSMENT PUBLIC UTILITIES AND CABLE TELEVISION SYSTEMS PAY.

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 § 115(d), Title 26 of the Delaware Code by striking the language “.002 (2 mills)” found in the first sentence and replacing it with “.003 (3 mills)”.

Section 2. Amend § 115(e), Title 26 of the Delaware Code by adding the following sentence after the first sentence therein:

“A utility subject to this Section which paid an annual assessment greater than $10,000 in the preceding year shall make an estimated payment of at least forty (40) percent of the expected assessment no later than six (6) months prior to the March 31 due date for the return and final payment.”.

Section 3. Amend § 610(a)(1), Title 26 of the Delaware Code by striking the number “2” before the words “mills multiplied” and replacing it with the number “3”.

Section 4. Amend § 610(a)(1), Title 26 of the Delaware Code by adding a second sentence as follows:

“A Cable Television System subject to this Section which paid an annual assessment greater than $10,000 in the preceding year shall make an estimated payment of at least forty (40) percent of the expected assessment no later than six (6) months prior to the March 31 due date for the return and final payment.”.

Section 5. This Act shall become effective upon its enactment into law. Any increase in the assessment as a result of this legislation shall be recovered without a base rate case in the rates of the affected utilities through a rate change made effective as soon as reasonably practicable after the effective date of the change in assessment as determined by the Commission. At the option of the utility, any such increase in the assessment may be recovered by a utility as a separate charge on the monthly bills of customers of regulated utility services. Alternatively and at its option, a utility electing to be governed under the provisions of Subchapter VII-A of this Title may recover such increase as an unforeseen change in the cost of providing services pursuant to subsection 707(c)(6) of this Title. The Commission shall allow full recovery for any incremental increase to utilities and cable companies associated with enactment of this legislation. An application for recovery of the increase, other than pursuant to subsection 707(c)(6) of this Title shall be deemed approved if the Commission does not act on it within forty-five (45) days after its filing with the Commission. As pertains to a Cable Television System, Federal cable law would dictate its recovery of the increase.

Approved July 12, 2005