26 Del. Admin. Code § 2001-1.0 - General

1.1 Authorization Of Rules

The Public Service Commission Law of Delaware vests in the Public Service Commission the authority to formulate standards for such water service and facilities as it deems necessary to carry out the provisions of this law. (26 Del.C. § 209)

1.2 Application Of Rules

There are herein set forth those regulations which shall apply to any public water utility operating within the State of Delaware, under the jurisdiction of the Public Service Commission. These regulations shall become effective ninety (90) days after adoption by the Commission, and shall supersede Commission Order No. 101 dated January 10, 1952.

1.2.1 Purpose.These rules are promulgated to promote safe and adequate service to the public, to provide standards for uniform and reasonable practices by water utilities, and to outline the responsibility of the public in requesting and receiving service from the water utilities.

1.2.2 Duties Under Other Statutes. These regulations shall in no way relieve any utility from any of its duties under the laws of this State or regulations promulgated by other State or Federal agencies or authorities.

1.2.3 Exemption. If unreasonable hardship to a utility results from the application of any rule or standard herein prescribed, or if unreasonable difficulty is involved in compliance, application may be made to the Commission for temporary or permanent exemption from its requirements, provided that the utility shall submit with such application a full and complete statement of its reasons for such application for exemption. Any exemptions, or any applications for exemptions, will be entertained by the Commission upon due notice to the customers, and after a hearing.

1.2.4 Modification. The adoption of these regulations shall in no way preclude the Commission, upon complaint, upon its own motion, or upon the application of any utility, from altering or amending them, in whole or in part, or from requiring any other or additional equipment, facility, or standard, or from making such modifications with respect to the utility's application as may be necessary to meet exceptional conditions. Any modification shall be accomplished in accordance with the provisions of 29 Del.C. Ch. 64.

1.3 Definitions

The following words or terms, when used in these regulations, shall have the meaning indicated, unless the context otherwise requires:

1.3.1 Commission: The Public Service Commission of Delaware.

1.3.2 Customer: Any person, partnership, firm, association, corporation, or governmental agency being supplied with water by a water company.

1.3.3 Dwelling Unit: One or more rooms arranged for the use of one or more individuals as a single housekeeping unit, with cooking, living, sanitary and sleeping facilities.

1.3.4 Main: Any water pipe, owned, operated, or maintained by a water company, which is used for the transmission or distribution of water, excluding service pipes.

1.3.5 Meter: Without other qualifications, any device or instrument which is used by the utility in measuring the quantity of water service rendered to a customer for recording or billing purposes.

1.3.6 Premises: A tract of land or real estate, including buildings and other appurtenances thereon.

1.3.7 Service Pipe: The pipe which runs from the main to the customer's premises.

1.3.8 Utility: A water company subject to regulation by the Commission.

1.3.9 Water Plant: Equipment, stations, and property owned or used by a water company, used in its business operations to provide water service to its customers.

1.3.10 Shall: The use of the word "shall" in this regulation expresses a mandatory requirement.

1.3.11 Should: The use of the word "should" in this regulation expresses suggestion or guidance and is not mandatory.

1.3.12 Contribution In-Aid-of Construction ("CIAC") means cash, services, funds, property or other value received from State, municipal, or other governmental agencies, individuals, contractors, or others for the purpose of constructing or aiding in the construction of utility plant and which represent a permanent infusion of capital from sources other than utility bondholders or stockholders.

1.3.13 Advances For Construction Of Services ("Advances") means cash, services, funds, property or other value received by the utility which would be CIAC but for an agreement by the utility to refund in whole or in part the amount received so that the Advances initially represent a temporary infusion of capital from sources other than utility bondholders or stockholders.

1.3.14 Facilities Extension means the extension of the water utility's Mains and appurtenances ("Facilities") for the provision of water service. As used in this definition, "appurtenances" include valves, hydrants, pumps, sampling equipment and other miscellaneous items appurtenant to a Main extension.

1.3.15 New Services means the extension of pipe from the water utility's Mains to the customer's premises.

Notes

26 Del. Admin. Code § 2001-1.0