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HA1TOSB60 • 2025

This amendment clarifies that storm response and restoration costs above the costs set forth in the Infrastructure, Safety, and Reliability Plan filed by the electric distribution company with the Public Service Commission for the year the costs are incurred may be recoverable as costs incurred under emergency or extraordinary circumstances.

This amendment clarifies that storm response and restoration costs above the costs set forth in the Infrastructure, Safety, and Reliability Plan filed by the electric distribution company with the Public Service Commission for the year the costs are incurred may be recoverable as costs incurred under emergency or extraordinary circumstances.

Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor
Heffernan
Last action
2025-06-25
Official status
Stricken 6/25/25
Effective date
Not listed

Plain English Breakdown

The bill was stricken in the House, meaning its final legal status is uncertain based on this text alone.

Clarifying Storm Cost Recovery Rules

This amendment clarifies that electric companies might be able to charge customers for storm repair costs if those expenses are higher than what was planned in their yearly safety report.

What This Bill Does

  • Sets a $125 million limit on annual capital expenses for system reliability from 2026 through 2028, unless there is an emergency or extraordinary circumstance.
  • Allows electric companies to ask the Public Service Commission to recover costs over the $125 million limit if caused by emergencies like storms that require meeting safety standards.
  • Requires companies to file an application with the Public Service Commission within six months of spending extra money on these emergency costs.

Who It Names or Affects

  • Electric distribution companies
  • The Public Service Commission

Terms To Know

Infrastructure, Safety, and Reliability Plan
A yearly document filed by electric companies with the Public Service Commission that lists expected costs for keeping the power system safe.
Recoverable as costs
The ability of a company to include expenses in customer bills so they can get paid back, subject to approval.

Limits and Unknowns

  • This bill was stricken (removed) from the House on June 25, 2025.
  • The text does not say if this rule will become law since it was removed before final approval.
  • Recovery of extra costs is only possible after review and approval by the Public Service Commission.

Bill History

  1. 2025-06-25 Delaware General Assembly

    Stricken in House

  2. 2025-06-18 Delaware General Assembly

    Introduced and Placed With Bill

Official Summary Text

This amendment clarifies that storm response and restoration costs above the costs set forth in the Infrastructure, Safety, and Reliability Plan filed by the electric distribution company with the Public Service Commission for the year the costs are incurred may be recoverable as costs incurred under emergency or extraordinary circumstances.

Current Bill Text

Read the full stored bill text
Legislation Document

SPONSOR:

Rep. Heffernan

HOUSE OF REPRESENTATIVES

153rd GENERAL ASSEMBLY

HOUSE AMENDMENT NO. 1

TO

SENATE BILL NO. 60

AMEND Senate Bill No. 60, as amended by Senate Amendment No. 2, by deleting lines 8 through 14 of Senate Amendment No. 2 and inserting in lieu thereof the following:

“

(c) (1) For the years 2026 through and including 2028, the Public Service Commission shall not allow an electric distribution company to recover in rates annual capital expenses in excess of $125 million dollars to maintain system reliability, absent emergency or extraordinary circumstances, including an inability to meet, but not exceed, Public Service Commission reliability standards, that require greater capital expenditures by the electric distribution company.

(2) The recovery of any capital expenses in excess of the $125 million dollar cap, arising from emergency or extraordinary circumstances, are subject to review and approval by the Public Service Commission, and the application to the Commission must be filed within six months of the incurring of the initial capital expenses sought to be recovered.

Storm response and restoration costs above the costs set forth in the Infrastructure, Safety, and Reliability Plan filed by the electric distribution company with the Public Service Commission for the year the costs are incurred may be recoverable as costs incurred under emergency or extraordinary circumstances.

”

SYNOPSIS

This amendment clarifies that storm response and restoration costs above the costs set forth in the Infrastructure, Safety, and Reliability Plan filed by the electric distribution company with the Public Service Commission for the year the costs are incurred may be recoverable as costs incurred under emergency or extraordinary circumstances.