26 Del. Admin. Code § 3001-16.0 - Community Energy Facilities
16.1 Project eligibility: To be eligible for certification as a Community Energy Facility, a generating facility must:
16.1.1 Have multiple owners or Subscribers who share the output of the generator, which may be located either as a stand-alone facility or behind the meter of a participating owner or Subscriber;
16.1.2 Include a technology defined as an "eligible energy resource" under 26 Del.C. §
352(6) a-h;
16.1.3 Not exceed a capacity of four (4) megawatts as measured by the alternating current (AC) rating. Co-location of Community Energy Facilities, which together have a capacity greater than four (4) megawatts, shall not be permitted;
16.1.4 Be located in Delmarva's service territory, in Delaware;
16.1.5 Interconnect to the Distribution Facilities and operate in parallel with Delmarva's Transmission and Distribution Facilities;
16.1.6 Comply with Delmarva's interconnection tariffs and operating guidelines; and
16.1.7 Meet all applicable safety and performance standards established by the National Electrical Code, the Institute of Electrical and Electronic Engineers, and Underwriters Laboratories to ensure that the generating facility meets applicable safety and performance standards.
16.2 Application to the Commission for Preliminary and Final Certificates to Operate:
16.2.1 Before a Community Energy Facility may offer a Contract or commence service to a Subscriber, and before Delmarva provides the Community Energy Facility with a Permission to Operate under subsection 16.3 of these Regulations, the Community Energy Facility must apply for and obtain from the Commission both a Preliminary Certificate to Operate, which establishes project viability, and a Final Certificate to Operate, which establishes compliance with all application requirements.
16.2.2 Applicants must comply with the electronic filing requirements of 26 DE Admin. Code 1001, "Rules of Practice and Procedure of the Commission".
16.2.3 Preliminary Certificate to Operate. Applications for a Preliminary Certificate to Operate must contain all required information and exhibits and may contain such additional information as the Applicant deems appropriate to demonstrate to the Commission that it possesses the managerial and operational ability to adequately serve the public consistent with applicable State laws.
16.2.3.1 Applications for a Preliminary Certificate to Operate must contain at least the following:
16.2.3.1.1 Application fee. An Applicant for a Preliminary Certificate to Operate shall submit a non-refundable application fee of $750 with the application;
16.2.3.1.2 Identity of the Applicant. The legal name and, if applicable, tax identification number or employer identification number of the Applicant, as well as the trade name or trade names under which the Applicant proposes to do business in Delaware. List any other names under which the Applicant, its Affiliated Interests, or any current or previous officer, director, or manager has previously done business in Delaware;
16.2.3.1.3 Certifications. Certification or certifications issued by the state of formation or incorporation certifying that the Applicant is in good standing and qualified to do business in that state;
16.2.3.1.4 Authorization. Documentation from the Delaware Secretary of State, issued within 90 days of filing, and the Delaware Division of Revenue, that the Applicant is legally authorized and qualified to do business in the State;
16.2.3.1.5 Registered Agent. The name and post office address of a Registered Agent within the State upon whom service of any notice, order or process may be made;
16.2.3.1.6 Leadership. The names, titles, addresses, and telephone numbers of the Applicants' principal officers, directors, partners, or other similar officials;
16.2.3.1.7 Corporate structure. A description of the Applicant's corporate structure, including any Affiliated Interests engaged in operations in the United States related to energy. Include a graphical depiction of such structure;
16.2.3.1.8 Contact information. The name, title, e-mail address (if applicable), mailing address and telephone number of the Applicant;
16.2.3.1.9 Website. The Community Energy Facility's website address (if any), accessible to prospective and current Subscribers;
16.2.3.1.10 Consent to jurisdiction. A statement consenting to the jurisdiction of the Delaware courts for acts or omissions arising from the Community Energy Facility's and its Agent's activities in the State;
16.2.3.1.11 Proof of site control. The Applicant shall provide a fully executed lease agreement, a deed of sale, a property deed, or a binding option agreement with defined lease or purchase terms for the parcel where the Community Energy Facility is, or will be, located;
16.2.3.1.12 Interconnection feasibility. A completed interconnection study or signed interconnection agreement with Delmarva. If Delmarva determines that an interconnection study is unnecessary, then a written statement from Delmarva to that effect, which includes the facility's capacity and generating technology, may substitute for a completed interconnection study; and
16.2.3.1.13 Verification of application for a Preliminary Certificate to Operate. A signed, notarized verification of a principal or officer of the Applicant stating that all information in the application is true and correct as filed to the best of the principal's or officer's belief. Where the Applicant is a corporation or an association, the verification shall be signed by an officer thereof and notarized.
16.2.3.2 Review of the application for a Preliminary Certificate to Operate. Staff shall make a recommendation to the Commission to approve, conditionally approve, or deny the application within 45 days from the date of the completed application. The Commission may choose to approve, approve with conditions, modify, or deny a Preliminary Certificate to Operate to an Applicant where it finds that doing so is in the public interest.
16.2.3.3 Expiration of Preliminary Certificate to Operate. A Community Energy Facility's Preliminary Certificate to Operate shall expire upon the Commission's granting of a Final Certificate to Operate or twenty-four (24) months from the issuance of the Preliminary Certificate to Operate, whichever is earlier. Upon the request of an Applicant, the Commission may extend the 24-month period by twelve (12) months, for good cause shown.
16.2.4 Final Certificate to Operate. Applications for a Final Certificate to Operate must contain all required information and exhibits and may contain such additional information as the Applicant deems appropriate to demonstrate to the Commission that it possesses the financial, managerial, and operational ability to adequately serve the public consistent with applicable State laws.
16.2.4.1 Applications for a Final Certificate to Operate must contain at least the following:
16.2.4.1.1 Changes. Any changes to the information provided with the application for a Preliminary Certificate to Operate, submitted under subsection 16.2.3 of these Regulations;
16.2.4.1.2 Regulatory contact person. The contact information for a regulatory contact person (if applicable) responsible for the Community Energy Facility's Delaware operations;
16.2.4.1.3 Subscriber complaint contact person. The contact information for a Subscriber complaint contact person, if different from the regulatory contact person;
16.2.4.1.4 Attorney. The name, address, telephone number, and e-mail address of the Applicant's attorney. If the Applicant is not using an attorney, explicitly state so;
16.2.4.1.5 Customer Service number. A telephone number to the Applicant's Subscriber service center where Subscribers may call with questions about the Community Energy Facility's services, including the Contract and Contract Summary;
16.2.4.1.6 Consent to jurisdiction. A statement consenting to the jurisdiction of the Delaware courts for acts or omissions arising from the Community Energy Facility's and its Agent's activities in the State;
16.2.4.1.7 Criminal activities:
16.2.4.1.7.1 A statement detailing any criminal activities relating to fraud or financial misconduct, of which the Applicant or any of its Affiliated Interests, officers, and directors (and prior officers and directors who left the Applicant's employ less than three months before the filing of the application) have been convicted. Any criminal activity disclosure shall include a copy of any order of conviction and restitution;
16.2.4.1.7.2 A statement by the Community Energy Facility that it (or its Agent) will run criminal background checks on any person engaged to conduct Door-to-Door Sales on its behalf, obtaining and reviewing the criminal history results for crimes committed against a person, from the following searches:
16.2.4.1.7.2.1 Delaware state and county courts for crimes committed within the past five (5) years;
16.2.4.1.7.2.2 A nationwide federal criminal court search, such as the Federal Public Access to Court Electronic Records (PACER) System for crimes committed within the past five (5) years;
16.2.4.1.7.2.3 The U.S. Department of Justice National Sex Offender Public Registry for crimes committed within the past ten (10) years; and
16.2.4.1.7.2.4 Every other state in which the Agent resided during the last twelve (12) months for crimes committed within the past five (5) years.
16.2.4.1.7.3 Nothing in these Regulations shall prohibit a Community Energy Facility from conducting background checks on its Agents that are more extensive than the requirements in subsection 16.2.4.1.7.2, in accordance with applicable law.
16.2.4.1.8 Contract and Contract Summaries. A copy of the Applicant's standard Contract form that it intends to offer to Residential Subscribers, and the standard Contract Summary form it intends to include with its Contract for Residential Subscribers. A Contract or Contract Summary that does not comply with the requirements of Section 16.5 of these Regulations or other applicable Delaware laws and regulations may be grounds for rejection of the application. Staff may develop a standard Contract Summary Form that it requires from all Applicants;
16.2.4.1.9 Marketing materials. A statement by the Community Energy Facility that it (or its Agent) will retain copies of all print, broadcast, electronic media, telecommunication, direct mail or in-person written marketing materials, including but not limited to scripts for Telemarketing, advertisements, website presentations, social media posts or advertisements, and any other material of a similar nature, that the Applicant (or its Agent) will use to market and promote its products to Delaware Residential and Small Commercial Customers, and will furnish them to the Commission, DPA, and Consumer Protection Unit upon request. Marketing conducted by a lead generation firm is not exempt from this subsection;
16.2.4.1.10 Surety bonds and financial information. A Community Energy Facility bond executed by a company authorized to transact surety business in the State of Delaware by the Department of Insurance. Such bond will permit the Commission to direct that the proceeds of this bond be paid or disbursed to satisfy the Applicant's financial obligations to the Commission or other Delaware government entity. The bond will permit a Delaware court to direct proceeds of the bond be paid to a person that has obtained a judgment against an Applicant and has previously attempted to collect the judgment through all other means available through the court. The amount of the bond shall be $10,000 plus $25,000 per each megawatt of capacity in excess of 1 megawatt;
16.2.4.1.11 Bankruptcy. A disclosure as to whether the Applicant, or any of its Affiliated Interests, or any current or previous officer, director, or manager, has filed for bankruptcy in the past sixty (60) months;
16.2.4.1.12 Staff request. Other commercially reasonable indicia of financial capability, upon a request from Staff;
16.2.4.1.13 Services. A description of the services it plans to offer in the State, including the types of Subscribers to be served and services provided;
16.2.4.1.14 Experience. A description of the operational experience in Community Energy Facilities of each principal officer, director, or individual responsible for Delaware operations. If no such experience is applicable, the Applicant shall identify the means by which the Applicant proposes to support its managerial, operational, and financial capabilities for the sale of subscriptions in the State;
16.2.4.1.15 Other states. A list of states or federal jurisdictions in which the Applicant or any of its Affiliated Interests has:
16.2.4.1.15.1 Been granted approval to sell subscriptions or act as a Community Energy Facility or similar structure, including license or certificate numbers (including those states where a license or approval is not required but where the Applicant has sold subscriptions or acted as a Community Energy Facility);
16.2.4.1.15.2 Been denied approval to sell subscriptions or act as a Community Energy Facility;
16.2.4.1.15.3 Had its authority revoked, modified, or suspended or been found to be in violation of, or is the subject of a pending investigation regarding, a state's laws, rules, or regulations relating to Community Energy Facilities or similar structures;
16.2.4.1.15.4 Had any other adverse judicial or regulatory action pertaining to the provision of Community Energy Facility services or the violation of state or federal consumer protection laws, including any formal docketed complaints filed against:
16.2.4.1.15.4.1 The Applicant;
16.2.4.1.15.4.2 Any of the Applicant's Affiliated Interests;
16.2.4.1.15.4.3 Any officer, principal or director of the Applicant; or
16.2.4.1.15.4.4 Any prior officer, principal or director serving in that capacity at the time of the judicial or regulatory action; and
16.2.4.1.15.5 Entered into a stipulation or consent decree in a formal docketed proceeding in the past five years concerning its provision of Community Energy Facility services or the alleged violation of state or federal consumer protection laws in which the Community Energy Facility agreed to pay a civil penalty provide customer restitution, or make changes to its marketing, sales, billing, or collections practices;
16.2.4.1.16 Copies of orders. A copy of any document, order, or decree identified in response to subsection 16.2.4.1.15, as well as a copy of any settlement, adjudication, or court order with respect to an action filed by a state Attorney General, the Federal Trade Commission, or U.S. Department of Justice concerning the Applicant's participation in retail or wholesale energy markets; and
16.2.4.1.17 Verification of application for a Final Certificate to Operate. A signed, notarized verification of a principal or officer of the Applicant stating that all information in the application is true and correct as filed to the best of the principal's or officer's belief. Where the Applicant is a corporation or an association, the verification shall be signed by an officer thereof and notarized.
16.2.4.2 Review of the application for Final Certificate to Operate. Staff shall make a recommendation to the Commission to approve or deny the application within sixty (60) days from the date of the completed application. The Commission may choose to approve, approve with conditions, modify, or deny a Final Certificate to Operate to an Applicant where it finds that doing so is in the public interest.
16.2.4.3 Terms of Final Certificate to Operate. Final Certificates to Operate are valid until revoked by the Commission pursuant to subsection 16.11.5 or relinquished by the Community Energy Facility after the requisite notice to the Commission and to its Subscribers.
16.2.5 Incomplete or abandoned applications for Preliminary or Final Certificates to Operate. The Commission may reject an application for a Preliminary or Final Certificate to Operate that is not complete or that does not contain subsequent information requested by Staff within four (4) months of a failure by the Applicant to respond to such requests.
16.2.6 Waiver of certification requirements for Preliminary or Final Certificates to Operate. Upon the request of an Applicant, the Commission may, upon notice and opportunity for comment, for good cause, waive any of the requirements of these Regulations that are not required by statute. The waiver may not be inconsistent with the purpose of these Regulations, 26 Del.C. §
1001 et seq, or state or federal consumer protection laws.
16.2.7 Changes in application information. Applicants shall inform Staff of any changes to the information submitted in the application for a Preliminary or Final Certificate to Operate that occur from the time the application is submitted to the time the Commission considers the application. The failure to provide such notice within fifteen (15) Business Days after the change may be grounds for rejection of the application.
16.2.8 Accuracy of information. Failure to provide accurate and factual information, the submission of false or misleading information, or the omission of material information in any communication with Staff or the Commission may be grounds for rejection of an application for a Preliminary or Final Certificate to Operate.
16.3 Permission to Operate from Delmarva:
16.3.1 A Community Energy Facility shall provide the following information to Delmarva prior to receiving a Permission to Operate from Delmarva, pursuant to its interconnection process:
16.3.1.1 A description of the energy generating facility, including the facility's host location, capacity, and fuel type or generating technology; and
16.3.1.2 A complete interconnection application to facilitate a transmission and distribution analysis, including an evaluation of potential reliability, safety and stability impacts and determination of whether infrastructure upgrades are necessary and appropriate allocation of applicable interconnection costs.
16.3.2 After the Community Energy Facility complies with subsections 16.3.1.1 and 16.3.1.2, it may then seek a Final Certificate to Operate from the Commission as set forth in subsection 16.2.4 of these Regulations.
16.3.3 After receiving a Final Certificate to Operate from the Commission, the Community Energy Facility shall submit to Delmarva:
16.3.3.1 A list of individual Delmarva account numbers the Community Energy Facility desires to aggregate including the name and address associated with the account number, including which accounts serve Low-income Customers;
16.3.3.2 The subscribed percentage of generation attributed to each Subscriber;
16.3.3.3 Certification that the subscription level of each Subscriber does not exceed 110% of that Subscriber's expected aggregate electrical consumption calculated, for existing buildings, on the average of the two previous 12-month periods of actual electrical usage at the time of subscription with the Community Energy Facility and estimated, for new building construction, at 110% of the consumption of units with similar size and characteristics; and
16.3.3.4 Certification that Subscribers in the Community Energy Facility include at least 15% Low-income Customers. The requirement of "at least 15% Low-income Customers" will be measured by the number of Low-income Customers as a percentage of the total number of Subscribers of the Community Energy Facility.
16.4 Low-income Customer verification:
16.4.1 The Community Energy Facility shall require income data verification to determine eligibility for Low-income Customers. Proof of eligibility required for Low-income Customers shall include:
16.4.1.1 Proof of income of the account holder (e.g., pay stub or W2), proof of participation in a low income discount program including Medicaid, SSI, TANF, GA, WIC, LIHEAP, SNAP or food stamps, or proof that the Low-income Customer lives in a census block where the median household income is at or below 200% of the U.S. Federal Poverty Guidelines or 60% of the state median household income published by the United States Census Bureau, whichever is greater, or by living in a low-income master-metered building; or
16.4.1.2 A written attestation by the Low-income Customer that their total household income is at or below 200% of the Federal Poverty Guidelines, or 60% of the state median household income published by the United States Census Bureau, whichever is greater.
16.4.1.3 For owners or operators of master-metered buildings, a written attestation that their tenants meet the income eligibility requirements for Low-income Customers.
16.4.2 When the Community Energy Facility provides Delmarva with its Low-income Customer certification under subsection 16.3.3.4, it must also provide such certification to the Commission. The Commission may audit the Community Energy Facility to ensure compliance with the low-income requirements.
16.4.3 A Community Energy Facility's failure to satisfy the low-income requirements may result in a penalty, including monetary assessment, or revocation of its Final Certificate to Operate.
16.4.4 Every three (3) years, the Community Energy Facility shall certify to the Commission in writing that it meets the low-income requirements as set forth in subsections 16.3.3.4 and 16.4 of these Regulations.
16.5 Community Energy Facility Contracts and Contract Summaries:
16.5.1 Only a Community Energy Facility with a Final Certificate to Operate may execute a Contract for Community Energy Facility credits with a Subscriber.
16.5.2 Community Energy Facilities shall provide to prospective Residential and Small Commercial Subscribers a Contract and Contract Summary in the same language used by the Community Energy Facility or its Agent to market, sell, or describe the Contract terms. Residential and Small Commercial Contracts and Contract Summaries must:
16.5.2.1 Be printed in Times New Roman 12-point font; and
16.5.2.2 Have one-inch margins on all sides and utilize reasonable numbering, lettering, line, and paragraph spacing.
16.5.3 A Contract for Residential or Small Commercial Subscribers shall be written in clear and plain language and shall contain all material terms and conditions, including:
16.5.3.1 A list and description of the Contract services;
16.5.3.2 The Contract duration, expressed in months or years, or the disclosure that the Contract is month-to-month;
16.5.3.3 A description of the Price of each service, including the Price of the subscription and the duration of the Introductory Price, if applicable, and whether the price is subject to change over time;
16.5.3.4 A description of any other fees or charges, including but not limited to early termination penalties, late fees, fees to access the Community Energy Facility's services, minimum monthly charges, enrollment fees, and interest charges; a description of the specific condition under which such fees or charges can be imposed; and the amount of such fees or charges or the method by which such fees or charges shall be computed;
16.5.3.5 A description of any other services provided to the Subscribers as part of the Contract;
16.5.3.6 If the Community Energy Facility claims that Subscribers will save money by entering into the Contract, a description of any calculations and assumptions on which it relies to make this claim;
16.5.3.7 A statement regarding the Rescission Period that:
16.5.3.7.1 The Subscriber may rescind the Contract within three (3) Business Days from the start of the Rescission Period; and
16.5.3.7.2 The Rescission Period begins on one of the following dates, as applicable;
16.5.3.7.2.1 When the Subscriber signs the Contract;
16.5.3.7.2.2 When the Subscriber transmits the acceptance of the Contract electronically; or
16.5.3.7.2.3 When the Subscriber receives the Contract and Contract Summary, if received by mail. There shall be a rebuttable presumption that a Contract and Contract Summary correctly addressed to a Subscriber with sufficient first-class postage attached shall be received three (3) Business Days after it has been properly deposited in the United States mail; and
16.5.3.8 A statement that the actual number of credits could vary monthly and is dependent on the generation output of the Community Energy Facility, if applicable;
16.5.3.9 A statement of the Community Energy Facility's termination rights, which shall explain the specific conditions under which the Community Energy Facility may terminate service. At a minimum, the Community Energy Facility shall provide the Subscriber at least thirty (30) days' Written Notice of termination of the Contract;
16.5.3.10 The Community Energy Facility's local or toll-free telephone number to obtain information and handle complaints; its mailing address and website address; the Commission's address, website address, and Delaware toll-free telephone number; and the DPA's address, website address, and telephone number;
16.5.3.11 A statement informing the Subscriber that, in the event of a relocation outside of Delmarva's service territory, they shall terminate their Contract with no termination fee;
16.5.3.12 A statement that the Community Energy Facility may terminate the Contract prior to the stated term of the Contract, including:
16.5.3.12.1 The circumstances under which early cancellation by the Community Energy Facility may occur;
16.5.3.12.2 The manner in which the Community Energy Facility shall notify the Residential or Small Commercial Subscriber of the early cancellation of the Contract;
16.5.3.12.3 The duration of the notice period before early cancellation by the Community Energy Facility; and
16.5.3.12.4 The remedies available to the Residential or Small Commercial Subscriber if early cancellation occurs;
16.5.3.13 A statement that the Subscriber may terminate the Contract prior to the stated term of the Contract, including:
16.5.3.13.1 The manner in which the Subscriber shall notify the Community Energy Facility of the early cancellation of the Contract;
16.5.3.13.2 The duration of the notice period before early cancellation;
16.5.3.13.3 The remedies available to the Community Energy Facility if early cancellation occurs; and
16.5.3.13.4 The amount of any early cancellation fee;
16.5.3.14 A statement describing Contract renewal procedures, if any, including the timing of the notices that the Subscriber will receive prior to the renewal date;
16.5.3.15 All disclosures required by applicable laws and regulations that govern marketing, consumer protection, and door-to-door sales, including the Delaware Home Solicitation Sales Act, 6 Del.C. §
4401 et seq;
16.5.3.16 If a Community Energy Facility requires a security deposit from a Subscriber,
16.5.3.16.1 The amount of the security deposit;
16.5.3.16.2 A description of when and under what circumstances the security deposit will be returned;
16.5.3.16.3 A description of how the security deposit may be used; and
16.5.3.16.4 A description of how the security deposit will be protected;
16.5.3.17 The data privacy policies of the Community Energy Facility;
16.5.3.18 A statement that the Community Energy Facility does not make representations or warranties concerning the tax implications of any bill credits provided to the Subscriber; and
16.5.3.19 The method of providing notice to the Subscribers when the Community Energy Facility is out of service for more than three (3) Business Days, including notice of the estimated duration of the outage and the estimated production that will be lost due to the outage.
16.5.4 A Contract for Residential Subscribers or Small Commercial may not:
16.5.4.1 Provide the application of the law of any jurisdiction other than the United States and Delaware;
16.5.4.2 Except as permitted by Section 2 of the Federal Arbitration Act, 9 U.S.C. §
2, as amended, or the Delaware Uniform Arbitration Act, Chapter 57 of Title 10, contain a provision that modifies or limits otherwise available forums or procedural rights, including the right to trial by jury, that are generally available to the individual under applicable law;
16.5.4.3 Provide for a location of arbitration outside of the county of the Residential Subscriber's residence or the Small Commercial Subscriber's location; or
16.5.4.4 Contain a provision that limits or releases the liability of the Community Energy Facility for not performing the Contract.
16.5.5 At the time of completion of the contracting process, a Community Energy Facility shall provide the Residential or Small Commercial Subscriber with a copy of the executed Contract and completed Contract Summary.
16.5.6 If a Residential or Small Commercial Contract is completed through the Internet, the executed Contract and completed Contract Summary shall be:
16.5.6.1 Made available for download by the Subscriber at the time of contracting; and
16.5.6.2 Transmitted to the Subscriber by the Community Energy Facility by mail or by email if the Subscriber consents to receipt of email disclosures.
16.5.7 If a Residential or Small Commercial Contract is completed in person, the executed Contract and the completed Contract Summary shall be reviewed with the Subscriber and provided to the Subscriber in hard copy at the time of contracting, or electronically at the time of contracting if the Subscriber consents to electronic disclosures.
16.5.8 A Subscriber that wants to cancel a Contract shall first attempt to cancel the Contract according to the terms of the Contract.
16.5.9 If a Subscriber attempts to cancel a Contract by contacting Delmarva first, Delmarva shall direct the Subscriber to contact the Community Energy Facility through the means detailed in the Contract.
16.5.10 For Residential and Small Commercial Contracts with automatic renewal provisions, the Community Energy Facility must provide Subscribers with Written Notice of the pending renewal of a Contract at least thirty (30) days and no more than sixty (60) days before the cancellation deadline pursuant to the automatic renewal provision and must otherwise comply with the requirements of 6 Del.C. §
2734. The Community Energy Facility must retain records showing that the Written Notice was provided, including copies of the Written Notices, for at least five (5) years.
16.5.11 The Written Notice to Residential and Small Commercial Subscribers required under subsection 16.5.10 shall:
16.5.11.1 Be printed in Times New Roman 12-point typeface or larger with one-inch margins on all sides, and reasonable numbering, lettering, line and paragraph spacing;
16.5.11.2 In bold style font, inform the Subscriber that the failure to respond to the Written Notice will result in the automatic renewal of the Contract;
16.5.11.3 Inform the Subscriber of any changes in the material terms and conditions of the expiring Contract upon renewal, and include a copy of the proposed Contract and Contract Summary; and
16.5.11.4 Inform the Subscriber how to terminate the Contract without penalty.
16.5.12 Record Retention. All Community Energy Facilities shall retain a copy of the Residential or Small Commercial Subscriber's Contract, Contract Summary, verification of enrollment, and the Community Energy Facility's billing and payment history, for a period of five (5) years after enrollment or termination of the Contract, whichever is later.
16.6 Subscription requirements:
16.6.1 A Subscriber shall not receive credit for more than 110% of the Subscriber's expected aggregate electrical consumption, calculated on the average of the two (2) previous 12-month periods of actual electrical usage at the time of subscription with the Community Energy Facility. For new building construction, electrical consumption shall be estimated at 110% of the consumption of units with similar size and characteristics.
16.6.2 A Community Energy Facility shall not have subscriptions larger than 200 kilowatts constituting more than 60% of its capacity, not including the host's self-consumption.
16.6.3 Subscriptions shall be portable, provided that the Subscriber remains within Delmarva's service territory. The Community Energy Facility must notify Delmarva of a Subscriber's change in address, and any change in subscription size, within thirty (30) days of the change. In cases of relocation, Subscribers are entitled to at least one revision to their subscription size per move.
16.6.4 Subscribers shall not sell or transfer a Community Energy Facility subscription to another party other than the Community Energy Facility owner.
16.6.5 The Community Energy Facility shall provide updated individual Subscriber's subscribed percentage to Delmarva if there are any changes to Subscriber's subscribed percentage.
16.6.6 On an annual basis, Delmarva may audit an individual Subscriber's subscribed amounts to ensure the amount does not exceed 110% of the Subscriber's annual usage, calculated on the average of the two previous 12-month periods of actual electrical usage, utilized at the time of the reassessment. If Delmarva determines that a Subscriber's subscribed amount exceeds the 110% cap, Delmarva shall notify the Community Energy Facility.
16.6.6.1 Upon such notification, the Subscriber's Community Energy Facility must resize the Subscriber's subscription size to ensure it does not exceed 110% of the historic annual usage, calculated on the average of the two previous 12-month periods of actual electrical usage, utilized at the time of the reassessment.
16.6.6.2 In cases where the Community Energy Facility fails to provide a Subscriber's updated subscribed percentage within thirty (30) days after notification by Delmarva, Delmarva shall be permitted to set the Subscriber's percentage of credits to zero.
16.6.6.3 Community Energy Facilities may not charge a Subscriber an amount greater than the dollar value of the credits received by the Subscriber from Delmarva for each billing period.
16.6.7 The Community Energy Facility shall ensure that the net-metered generation output from the facility is accurate. The amount of electricity generated each month available for allocation as subscribed or unsubscribed energy shall be determined by a production meter that meets or exceeds the ANSI C12.1-2008 accuracy standards installed, maintained, and owned by Delmarva, and paid for by the owner of the Community Energy Facility.
16.6.8 The Community Energy Facility shall retain ownership of all RECs and SRECs associated with the electric energy it produces unless it has relinquished such ownership by contractual agreement with a third party or its Subscribers.
16.6.9 The Community Energy Facility may change its list of Subscribers no more than once per month. The Community Energy Facility shall provide a written request to Delmarva for any such changes no less than thirty (30) days prior to the requested change.
16.6.10 The Community Energy Facility may update its Subscribers' percentage of generation allocation no more than once per month. The Community Energy Facility shall provide thirty (30) days' written notice to Delmarva before any such changes.
16.6.11 Delmarva shall only allow meter aggregation for Subscriber accounts for which Delmarva provides electric distribution services.
16.6.12 Delmarva may require all Subscribers of a Community Energy Facility to have their meters read on the same billing cycle.
16.6.13 A Subscriber may subscribe to more than one Community Energy Facility but not more than four, and no Subscriber may subscribe for greater than 110% of their aggregate electrical consumption as defined in 26 Del.C. §
1014(f)(2).
16.7 Community Energy Facility Bills to its Subscribers:
16.7.1 The Community Energy Facility alone is responsible for the billing and collection of any subscription fees directly to Subscribers.
16.7.2 The Community Energy Facility's bill to its Subscribers shall be easy to understand, be in clear and plain language, and must contain the following information in at least 12-point font:
16.7.2.1 The name, address, website (if any), and customer service telephone number of the Community Energy Facility;
16.7.2.2 The due date for payment;
16.7.2.3 If applicable, an itemized list of each service or product billed for the current billing period including other agreed to charges;
16.7.2.4 The number of credits (kWh) generated by the Community Energy Facility for the Subscriber;
16.7.2.5 The actual price per credit (kWh) charged to the Subscriber;
16.7.2.6 The total charge for each service or product;
16.7.2.7 The amount of payment or other credit applied to Subscriber's outstanding balance during the billing period;
16.7.2.8 The amount still owed by the Subscriber from the previous billing period;
16.7.2.9 Appropriate taxes and fees;
16.7.2.10 Definitions of material terms used in the bill; and
16.7.2.11 If applicable, late fees as defined in the Contract. Late fees must be clearly identified as such.
16.7.3 A Community Energy Facility without a valid Final Certificate to Operate shall not bill its Subscribers.
16.8 Change in ownership and assignment of Contracts:
16.8.1 Prior to the effective date of any assignment or transfer of the ownership of a Community Energy Facility to a person or company who is not an existing Community Energy Facility, the new owner must obtain a Final Certificate to Operate under subsection 16.2.4 of these Regulations
16.8.2 At least thirty (30) days prior to the effective date of any assignment or transfer of the Contracts of a Community Energy Facility to another existing Community Energy Facility, the Community Energy Facilities shall jointly:
16.8.2.1 Provide Written Notice of the assignment or transfer to the Subscribers of the Community Energy Facility, with a copy to the Commission, Delmarva and the DPA;
16.8.2.2 Coordinate with Delmarva the transfer of ownership;
16.8.2.3 Send a letter to the Subscribers informing them of the assignment or transfer. The letter shall include:
16.8.2.3.1 A description of the transaction in clear and concise language including the effective date of the assignment or transfer;
16.8.2.3.2 Customer service contact information for the assignee; and
16.8.2.3.3 A statement that the terms and conditions of the Subscriber's Contract at the time of assignment shall remain the same for the remainder of the Contract term.
16.8.3 Upon request by the Commission, the assignee shall be responsible for providing documents and records related to the assigned Contracts. The Community Energy Facility must maintain such records for a period of five (5) years or until the Contracts expire, whichever is longer.
16.9 Delmarva's billing of Community Energy Facility credits to Subscribers:
16.9.1 Bill credits. Delmarva shall calculate the amount of the bill credit for a Community Energy Facility Subscriber as the Subscriber's subscribed percentage of generation valued at the sum of the volumetric (kWh) components of the distribution service charges and tariff supply service charges according to each Subscriber's customer account rate schedule. For Subscribers under hourly priced service, the applicable rate shall be the average hourly price from the previous calendar year. For Subscribers being served by other than the Standard Offer Service Supplier, the applicable rate for supply service shall be the Standard Offer Service rate for the Subscriber's rate classification.
16.9.1.1 Delmarva shall display the monthly bill credit amount on the Subscriber's monthly Delmarva bill as a discrete monetary line item, showing the kWh credit multiplied by the applicable rate. For Subscribers who subscribe to multiple Community Energy Facilities, the bill must show separate credit amounts for each Community Energy Facility, identifying which Community Energy Facility produced the credit. Delmarva shall subtract the bill credit amount from the full amount due on the Subscriber's monthly electricity bill.
16.9.1.2 Any excess net bill credit that rolls over from previous months shall be displayed as a dollar amount on the Subscriber's monthly bill as a negative "Balance Forward". For Subscribers who subscribe to multiple Community Energy Facilities, the bill will aggregate the excess net bill credits and display the excess credits on the Subscriber's monthly bill as a negative "Balance Forward".
16.9.2 Annualized billing period. Delmarva shall establish an annualized billing period for each Subscriber.
16.9.2.1 The annualized billing period shall begin on the day a Subscriber first earns a Community Energy Facility bill credit based on the delivery of energy.
16.9.2.2 The annualized billing period shall continue for a period of 12 months, until the subscription ends, or until the Subscriber's Delmarva account is closed, whichever occurs earlier.
16.9.2.3 A Subscriber may request a refund from Delmarva if a credit balance remains on their account at the end of the annualized billing period.
16.9.3 Unsubscribed Energy:
16.9.3.1 Delmarva shall compensate Community Energy Facilities for any Unsubscribed Energy that constitutes 10% or less of the Community Energy Facility's generation output using the average annual locational marginal price of energy in the DPL Zone based on the prior calendar year.
16.9.3.2 Delmarva shall not compensate Community Energy Facilities for any Unsubscribed Energy that is greater than 10% of the Community Energy Facility's generation output.
16.10 Delmarva's recovery of costs:
16.10.1 Interconnection costs. The Community Energy Facility shall be responsible for all costs associated with its interconnection to Delmarva's distribution system. Any requirements necessary to permit interconnected operations between the Community Energy Facility and Delmarva, and the costs associated with such requirements, shall be dealt with in a manner consistent with a standard tariff filed with the Commission by Delmarva.
16.10.2 Additional costs. The Community Energy Facility shall be responsible for any additional costs incurred by Delmarva, including billing-related costs associated with the Community Energy Facility Subscribers.
16.10.2.1 Within 30 days of the effective date of these Regulations, Delmarva shall present a report to the Commission that provides such costs incurred by Delmarva and a calculation of the associated charges to Community Energy Facilities. The costs and recovery thereof shall be set forth through a rider on Community Energy Facilities.
16.10.2.2 Reporting on the cost recovery mechanism shall be presented in semi-annual reports which shall be filed by Delmarva with the Commission.
16.10.2.3 If a Community Energy Facility disputes the charges or the cost recovery mechanism, the Community Energy Facility may file a complaint in accordance with the Commission's Rules of Practice and Procedure, codified at 26 DE Admin. Code 1001, subsection 2.2, et. seq.]
16.10.3 Energy offset. Delmarva shall use the energy generated from a Community Energy Facility to offset purchases from wholesale electricity suppliers for Standard Offer Service.
16.11 Regulation, fees, penalties:
16.11.1 Neither Subscribers nor owners of Community Energy Facilities shall be subject to regulation as either public utilities or Electric Suppliers, except as set forth in 26 Del.C. §
1014(f)(15).
16.11.2 Community Energy Facilities must pay applicable fees and assessments under 26 Del.C. §
1014(f)(13) and (15), which include the fees set forth in 26 Del.C. §
114 and the annual gross revenue assessment in 26 Del.C. §
115. Under §115, the "gross operating revenue" shall equal the sum of the net-metering credits produced by the Community Energy Facility and the revenue derived from unsubscribed energy.
16.11.3 Community Energy Facilities shall adhere to State and the Federal Energy Regulatory Commission rules and regulations.
16.11.4 Community Energy Facilities shall comply with orders, rules, or regulations promulgated or issued by the Commission governing such a facility, or any other state and federal laws, rules, or regulations that apply to such a facility.
16.11.5 If a Community Energy Facility fails to comply with orders, rules, or regulations promulgated or issued by the Commission governing such a facility, or any other laws, rules, or regulations that apply to such a facility, the Commission may impose penalties, including monetary assessments, and may suspend or revoke the Final Certificate to Operate, and impose other sanctions permitted by law.
16.11.6 If the Commission revokes the Final Certificate to Operate, Delmarva shall cease providing credits to Subscribers of that Community Energy Facility and shall not provide any further credits unless and until the Community Energy Facility provides Delmarva with proof of a valid Final Certificate to Operate.
16.12 Consumer protection:
16.12.1 Enforcement. In addition to the penalties described in subsection 16.11.5 of these Regulations, any violation of the consumer protection rules set forth in this subsection shall be deemed an unlawful practice in violation of 6 Del.C. §
2513 and may be investigated and prosecuted by the Consumer Protection Unit, in accordance with 6 Del.C. §§
1203C, 2513(b)(3), and 29 Del.C. §
2520(b). No action or inaction by the Commission under these Regulations shall affect the right of the Consumer Protection Unit to enforce State consumer protection laws.
16.12.2 General consumer protections:
16.12.2.1 The Community Energy Facility is responsible for any discriminatory, false, fraudulent, deceptive or unlawful marketing, sales, billing, or collections acts performed by its Agents, including lead generation firms, in the conduct of marketing, sales, billing, or collections activities on behalf of the Community Energy Facility.
16.12.2.2 No Community Energy Facility shall:
16.12.2.2.1 Engage in illegal, fraudulent, false, misleading, or deceptive conduct or make false, misleading, or deceptive statements or representations in any dealings with Subscribers or prospective Subscribers;
16.12.2.2.2 Discriminate against any Subscriber or prospective Subscriber, based wholly or partly, on race, color, creed, national origin, or gender of an applicant for service or for any arbitrary, capricious, or unfairly discriminatory reason;
16.12.2.2.3 Refuse to provide service to a Subscriber except by the application of standards that are reasonably related to the Community Energy Facility's economic and business purposes; or
16.12.2.2.4 Engage in Slamming or Cramming. If it is reported that the Community Energy Facility has engaged in Slamming or Cramming, or both, the Community Energy Facility may be subject to investigation and, after a hearing, the Commission may impose penalties or require the Community Energy Facility to void or refund all of the charges in question.
16.12.2.3 Customer information. The Community Energy Facility shall put into place safeguards to prevent the disclosure of Subscribers' Customer information and shall provide Subscribers with a copy of its Customer information privacy policy. A Community Energy Facility shall keep the Subscriber's Customer information in a secure and protected location and shall treat information received from prospective Subscribers, including those who do not subscribe, in accordance with this subsection. The Community Energy Facility shall not disclose Customer information except:
16.12.2.3.1 Upon authorization by the Subscriber;
16.12.2.3.2 To a state or federal authority;
16.12.2.3.3 To Delmarva; or
16.12.2.3.4 As otherwise authorized by law.
16.12.3 Consumer protection relating to enrollment, marketing, and advertising:
16.12.3.1 A Community Energy Facility shall comply with all federal, State and local laws applicable to the advertising or marketing of its services, and it shall be a violation of these Regulations to fail to comply with such laws.
16.12.3.2 No Community Energy Facility shall make misrepresentations or use deceptive practices relating to its own services, the services of another Community Energy Facility, or the services provided by Delmarva in its solicitations, advertising, or marketing materials. These materials include radio or television advertisements, mail, e-mail, website claims, social media, telephone, and person-to person contacts, including Door-to-Door Sales. Deceptive practices include, but are not limited to:
16.12.3.2.1 Saying or suggesting to a prospective Subscriber that they are required to choose a Community Energy Facility;
16.12.3.2.2 Saying or suggesting to a prospective Subscriber that their service will suffer degradation or risk if they do not choose a Community Energy Facility; and
16.12.3.2.3 Suggesting a relationship that does not exist with the Subscriber's SOSS, Delmarva, any government agency, or another Community Energy Facility.
16.12.3.3 Telephone Solicitations and Enrollments:
16.12.3.3.1 A Community Energy Facility soliciting Subscribers by telephone shall comply with all applicable Delaware and federal laws, including the Telephone Consumer Protection Act of 1991 (15 U.S.C. §§
6151
et seq.), the Telemarketing Consumer Fraud and Abuse Prevention Act of 1994 (15 U.S.C. §§
6101
et seq.), and the Delaware Telemarketing Fraud Act (6 Del. C. §§
2501Aet seq.).
16.12.3.3.2 When a Residential or Small Commercial Subscriber enrolls with a Community Energy Facility during a Telemarketing call, the Community Energy Facility shall record the entire telephone call between the Subscriber and the Community Energy Facility or its Agent.
16.12.3.3.3 The Community Energy Facility shall maintain a copy of the recorded sales call and TPV, if applicable, for a period of five years after the expiration of the Residential or Small Commercial Subscriber's Contract.
16.12.3.3.4 The Community Energy Facility shall immediately halt any Telemarketing call upon the request of the prospective Residential or Small Commercial Subscriber.
16.12.3.4 Door-to-Door Solicitations and Enrollments:
16.12.3.4.1 Door-to-Door Sales at a residential dwelling shall be conducted by a Community Energy Facility's Agent between the hours of 9:00 a.m. to 8:00 p.m. prevailing Delaware time. When a local ordinance has stricter limitations, the Agent shall comply with the local ordinance.
16.12.3.4.2 For Door-to-Door Sales, the Agent shall promptly:
16.12.3.4.2.1 Identify the Community Energy Facility they are representing;
16.12.3.4.2.2 State that the individual and the Community Energy Facility do not represent Delmarva or any governmental agency;
16.12.3.4.2.3 State that the purpose of the visit is to sell a Community Energy Facility subscription;
16.12.3.4.2.4 Prominently display an identification badge; and
16.12.3.4.2.5 Offer a business card or other material that lists:
16.12.3.4.2.5.1 The Community Energy Facility's name and contact information, including telephone number; and
16.12.3.4.2.5.2 The Agent's name and any other identification numbers provided to the sales Agent by the Community Energy Facility or Agent.
16.12.3.4.3 Until the Agent has provided the information required in subsection 16.12.3.4.2 of these Regulations, an Agent performing a Door-to-Door Sale may not request a potential Residential or Small Commercial Subscriber's:
16.12.3.4.3.1 Community Energy Facility account number;
16.12.3.4.3.2 Delmarva account number; or
16.12.3.4.3.3 Electric bill.
16.12.3.4.4 In connection with any Door-to-Door Sale, it is a violation of these Regulations for any Community Energy Facility or Agent to:
16.12.3.4.4.1 Fail to leave the prospective Subscriber's premises upon request in a prompt and courteous manner; or
16.12.3.4.4.2 Fail to inform each Residential or Small Commercial Subscriber orally, at the time the Residential or Small Commercial Subscriber signs the Contract, of the right to rescind without penalty or fee within three (3) Business Days from the date of the transaction.
16.12.3.5 Internet enrollments. For electronic contracting on the Internet, the Community Energy Facility's website must be configured to prompt the Residential or Small Commercial Subscribers to review and agree to the Contract and Contract Summary before the Contract is final, and to print or save the Contract and Contract Summary.
16.12.3.6 The Community Energy Facilities shall not be entitled to the Customer List described in subsection 3.3 of these Regulations.
16.12.3.7 Agent Training:
16.12.3.7.1 A Community Energy Facility shall ensure the training of its Agents on the following subjects:
16.12.3.7.1.1 State and Federal laws and regulations that govern marketing, Telemarketing, and Door-to-Door Sales (for those Agents engaging in Telemarketing or Door-to-Door Sales), including consumer protection regulations required by Delaware law and regulations;
16.12.3.7.1.2 The Community Energy Facility's products and services;
16.12.3.7.1.3 The Community Energy Facility's Prices, Price structures and payment options;
16.12.3.7.1.4 The Subscriber's right to rescind and cancel Contracts;
16.12.3.7.1.5 The applicability of an early termination fee for Contract cancellation when the Community Energy Facility has one;
16.12.3.7.1.6 The Community Energy Facility's Contract and Contract Summary;
16.12.3.7.1.7 The necessity of correctly and fully explaining the Contract and Contract Summary, while relying on a standard sales script and knowledge of the contents of the sales script, if one is used;
16.12.3.7.1.8 The proper completion of transaction documents;
16.12.3.7.1.9 Information about how Subscribers may contact the Community Energy Facility to obtain information about billing, disputes, and complaints; and
16.12.3.7.1.10 The confidentiality and protection of Subscribers' Customer information.
16.12.3.7.2 A Community Energy Facility shall document the training of an Agent and maintain a record of the training for three (3) years from the date the training was completed.
16.12.3.7.3 A Community Energy Facility shall make training materials and training records available to the Commission, DPA, and the Consumer Protection Unit upon request.
16.12.3.7.4 When a Community Energy Facility contracts with an independent contractor or vendor to perform marketing or sales activities on the Community Energy Facility's behalf or purchases leads from an independent contractor or vendor, the Community Energy Facility shall confirm that the contractor or vendor has provided Community Energy Facility-approved training to its Agents in accordance with this subsection.
16.12.3.7.5 The Community Energy Facility shall routinely monitor Telemarketing calls and Door-to-Door sales calls to:
16.12.3.7.5.1 Evaluate the Community Energy Facility's training program; and
16.12.3.7.5.2 Ensure that Agents are providing accurate and complete information, complying with applicable regulations and providing courteous service to Subscribers.
16.12.3.7.6 The Community Energy Facility shall maintain records of such monitoring activities, results, and actions taken in response to the results of the monitoring activities and make such records available to the Commission, DPA, and the Consumer Protection Unit upon request.
16.13 Complaint procedures:
16.13.1 Complaint procedures to be followed by the Subscriber (or a Broker acting on behalf of a Subscriber):
16.13.1.1 A Subscriber (or a Broker acting on behalf of a Subscriber) should first notify the Community Energy Facility of their complaint.
16.13.1.2 If the Community Energy Facility does not resolve the complaint, the Subscriber (or a Broker acting on behalf of a Subscriber) may file an informal or formal complaint with the Commission pursuant to 26 DE Admin. Code 1001, subsections 2.2 and 2.3.
16.13.1.3 A Broker acting on behalf of a Subscriber must provide written proof to the Commission and the DPA, with a copy to the Community Energy Facility, that it is authorized to act on the Subscriber's behalf in order to file a complaint.
16.13.2 Complaint Procedures to be Followed by the Community Energy Facility:
16.13.2.1 The Community Energy Facility shall use good faith efforts to respond to and resolve complaints.
16.13.2.2 The Community Energy Facility shall investigate Subscriber inquiries, disputes, and complaints concerning marketing, sales, billing, and collections practices. The Community Energy Facility shall cooperate with the Commission, DPA, the Consumer Protection Unit, and other government agencies that are investigating complaints about marketing, sales, billing, or collections practices prohibited by State and Federal laws, and with local law enforcement officials that are investigating complaints about violations of local municipal law.
16.13.2.3 The Community Energy Facility shall implement an internal process for responding to and resolving Subscriber inquiries, disputes, and complaints. The process shall document as a record the Subscriber inquiry, dispute, or complaint, subsequent communications between the Community Energy Facility and the Subscriber, and the resolution of the inquiry, dispute or complaint. The Community Energy Facility shall retain the record for five (5) years from the later of the date of resolution of the complaint or the date of last contact with the Subscriber in a system capable of retrieving that record by Subscriber name and account number or by other effective means to obtain access to the information.
16.13.2.4 If the Subscriber and the Community Energy Facility are not able to come to a resolution, the Community Energy Facility will inform the Subscriber that the Subscriber may contact the DPA and the Consumer Protection Unit, or both.
16.13.2.5 In any complaint proceeding, the burden of proof shall be on the Community Energy Facility to establish, if applicable, that its Agents were adequately trained, and that the Subscriber was enrolled in accordance with these Regulations.
16.14 Reports to be Provided to the Commission and DPA:
16.14.1 Community Energy Facilities shall provide such information concerning their State operations to the Commission and the DPA as the Commission may from time-to-time request, including any reporting requirements contained herein. Reports shall be filed electronically in DelaFile under the docket number for the matter by which the Commission granted the Community Energy Facility its Final Certificate to Operate.
16.14.2 Required 10-Day Notifications. Community Energy Facilities shall notify the Commission and the DPA within ten (10) Business Days of any of the following actions:
16.14.2.1 Revocation of authority to sell subscriptions in any jurisdiction;
16.14.2.2 Revocation of an Affiliated Interest's authority to sell subscriptions in any jurisdiction; or
16.14.2.3 A change in the principal officers responsible for Delaware operations previously provided pursuant to these Regulations.
16.14.3 Required 30-Day Notifications and Annual Reports. A Community Energy Facility shall provide the following information to the Commission and the DPA within thirty (30) calendar days of occurrence and annually by April 30th of each year:
16.14.3.1 Any changes in the Community Energy Facility's name or tax identification number or employer identification number previously provided pursuant to these Regulations;
16.14.3.2 Any changes in the Community Energy Facility's business address previously provided pursuant to these Regulations;
16.14.3.3 Any changes to the regulatory contact or Customer complaint person previously identified pursuant to these Regulations;
16.14.3.4 The identify of any state in which the Community Energy Facility has had its authority to sell subscriptions to Customers revoked, modified or suspended since the filing of the last annual report;
16.14.3.5 Any changes to the organizational structure previously provided pursuant to these Regulations;
16.14.3.6 A statement detailing any criminal activities relating to fraud or financial misconduct of which the Community Energy Facility or any of its Affiliated Interests has been arrested, indicted or convicted, or which the principal or corporate officers have been arrested, indicted or convicted, since the filing of the last annual report;
16.14.3.7 A copy of any stipulation, order, or decree concerning a formal, docketed complaint or investigation of the Community Energy Facility's marketing and sales activities in other jurisdictions;
16.14.3.8 A list of any states in which any formal complaint investigations have been initiated against the Community Energy Facility or any of its Affiliated Interests since the filing of the last annual report; and
16.14.3.9 A list of any states in which disciplinary actions have been taken against the Community Energy Facility or any of its Affiliated Interests since the filing of the last annual report.
16.14.4 As required by subsection 16.4.5 of these Regulations, every three (3) years, Community Energy Facilities shall provide a certification to the Commission in writing that it meets the low-income provisions as set forth in subsection 16.4.
16.15 Delmarva reporting requirements:
16.15.1 Delmarva shall submit an annual Community Energy Facility report to the Commission, ninety (90) days after the end of the calendar year. Such report shall include the following information from the previous calendar year:
16.15.1.1 The total number of Community Energy Facilities;
16.15.1.2 The total rated generating capacity of its Community Energy Facilities;
16.15.1.3 The total net kilowatt-hours received by Subscribers from Community Energy Facilities; and
16.15.1.4 The total amount of energy produced by Community Energy Facilities.
16.15.2 The annual Community Energy Facilities report may be revised as necessary to reflect changes in information available from Community Energy Facilities upon consultation and agreement between Delmarva and Staff.
16.15.3 Delmarva shall provide to the Community Energy Facilities an informational report including, but not limited to, the allocation of credits to Subscribers in the corresponding billing period.
16.15.3.1 The report shall be provided no later than the last day of each calendar month following the month of the Community Energy Facilities meter reading by Delmarva.
16.15.3.2 Within 30 days of the effective date of these Regulations, Delmarva shall present a proposed form of the monthly report to the Commission for its review and approval.
Notes
27 DE Reg.
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