SB308 • 2025

AN ACT TO AMEND TITLE 26 OF THE DELAWARE CODE RELATING TO THE LOAD FORECAST ACCOUNTABILITY ACT.

Passed Legislature

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

Sponsor: Hansen
Last action: 2026-05-21
Official status: Passed Senate 5/21/26
Effective date: Not listed

Plain English Breakdown

The candidate explanation included a statement about annual reporting that was not fully supported by the official source material. The official text does mention annual reporting but provides more detail than what was initially stated.

Load Forecast Accountability Act

This act gives the Delaware Public Service Commission authority to review and evaluate load forecasts submitted by electric distribution companies, coordinate with PJM and other states for accurate system-wide planning, and access necessary materials including confidential agreements.

What This Bill Does

Gives the Delaware Public Service Commission (Commission) the power to check how accurately electric distribution companies predict electricity demand.
Requires the Commission to work with PJM and neighboring state regulators to ensure that load forecasts are accurate across different states.
Allows the Commission to look at any contracts or agreements between customers and electric distribution companies if it helps them understand load forecasting better.

Who It Names or Affects

The Delaware Public Service Commission
Electric distribution companies regulated by the Commission
PJM Interconnection, L.L.C.
Other state regulators within PJM's region

Terms To Know

Load Forecast: A prediction of how much electricity will be needed in the future.
PJM Interconnection, L.L.C.: An organization that coordinates the movement of wholesale electricity in all or parts of 13 states and the District of Columbia.

Limits and Unknowns

The act will end on December 31, 2035, unless renewed by the General Assembly.
It does not specify how much it will cost to implement these changes.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

SA 1

1 • Hansen

Passed 5/21/26

Plain English: The amendment changes what factors the Delaware Public Service Commission must look at when reviewing how electric distribution companies make predictions about future electricity demand.

Adds a list of specific things that the Commission should consider, such as the stage of development for projects, expected ramping schedules, duplicative interconnection requests, and financial commitments.

The amendment does not explain how these factors will be used or what changes they might cause in practice.

Bill History

2026-05-21 Delaware General Assembly
Amendment SA 1 to SB 308 - Passed By Senate. Votes: 20 YES 1 ABSENT
2026-05-21 Delaware General Assembly
Passed By Senate. Votes: 20 YES 1 ABSENT
2026-05-14 Delaware General Assembly
Amendment SA 1 to SB 308 - Introduced and Placed With Bill
2026-05-13 Delaware General Assembly
Reported Out of Committee (Environment, Energy & Transportation) in Senate with 7 Favorable
2026-05-07 Delaware General Assembly
Introduced and Assigned to Environment, Energy & Transportation Committee in Senate

Official Summary Text

AN ACT TO AMEND TITLE 26 OF THE DELAWARE CODE RELATING TO THE LOAD FORECAST ACCOUNTABILITY ACT.
This legislation shall be known and may be cited as the “Load Forecast Accountability Act.” Recent reports by PJM Interconnection, L.L.C. (PJM), have highlighted that electricity demand across the PJM footprint, including Delaware, is projected to grow due to data centers, electrification of vehicles and buildings, and other large load additions. PJM recently projected that, by 2030, PJM expects to add 32 GW of load to the grid – 30 GW of which is attributable to data centers. PJM relies upon load forecasts submitted by Commission-regulated electric distribution companies in Delaware to establish system planning needs and capacity requirements which ultimately have costs associated with both. Accurate, transparent, load forecasting is essential to ensure the adequacy of electric supply, maintain system reliability, and protect Delaware consumers from unnecessary costs caused by overbuilding or underbuilding system resources.

There is a critical need for the Delaware Public Service Commission to provide oversight of load forecasting inputs from Commission-regulated electric distribution companies, to ensure accuracy and transparency, and to coordinate with PJM and neighboring state regulators to prevent duplicative counting of projects and customer contracts. The purpose of this Act is to provide the Commission with authority and responsibility to: (1) Review and evaluate load forecasts submitted by Delaware Commission-regulated electric distribution companies to PJM; (2) Coordinate with PJM and other states to ensure accurate system-wide planning; and (3) Access all relevant materials, including confidential agreements, necessary to carry out this oversight.

Under this Act, the Commission is required to submit a written report to the Governor, the General Assembly, and the Director and the Librarian of the Division of Legislative Services no later than May 1 of each year on its progress in implementing this Act. This report must also be posted on the Commission’s website.

Current Bill Text

Read the full stored bill text

Legislation Document

SPONSOR:

Sen. Hansen & Rep. Burns

Sens. Paradee, Richardson, Seigfried, Walsh; Reps. S. Moore, Morrison

DELAWARE STATE SENATE

153rd GENERAL ASSEMBLY

SENATE BILL NO. 308

AN ACT TO AMEND TITLE 26 OF THE DELAWARE CODE RELATING TO THE LOAD FORECAST ACCOUNTABILITY ACT.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Title 26 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

Subchapter VII-B. Load Forecast Accountability Act

§715. Short Title.

This act and this subchapter shall be known and may be cited as the “Load Forecast Accountability Act.”

§716. Legislative Findings and Purpose.

(a) The General Assembly finds and declares as follows:

(1) Recent reports by PJM Interconnection, L.L.C. (PJM), have highlighted that electricity demand across the PJM footprint, including Delaware, is projected to grow due to data centers, electrification of vehicles and buildings, and other large load additions. PJM recently projected that by 2030, PJM expects to add 32 GW of load to the grid – 30 GW of which is attributable to data centers.

(2) PJM relies upon load forecasts submitted by electric distribution companies in Delaware to establish system planning needs and capacity requirements which ultimately have costs associated with both.

(3) Accurate load forecasting is essential to ensure the adequacy of electric supply, maintain system reliability, and protect Delaware consumers from unnecessary costs caused by overbuilding or underbuilding system resources.

(4) Currently, the process by which utilities and load-serving entities submit information to PJM is very opaque, requires revision to ensure confidence and transparency so that policymakers, regulators, and stakeholders can rely upon the results.

(5) There is a critical need for the Delaware Public Service Commission (Commission) to provide oversight of load forecasting inputs from Commission-regulated electric distribution companies, to ensure accuracy and transparency, and to coordinate with PJM and neighboring state regulators to prevent duplicative counting of projects and customer contracts.

(b) The purpose of this Act is to provide the Commission with authority and responsibility to:

(1) Review and evaluate load forecasts submitted by Commission-regulated electric distribution companies to PJM.

(2) Coordinate with PJM and other states to support system-wide planning.

(3) Access all relevant materials, including confidential agreements, necessary to review and evaluate load forecasts.

§717. Oversight of Load Forecasting.

(a) The Commission shall initiate a proceeding to investigate the methodologies, data, and assumptions used by Commission-regulated electric distribution companies in developing load forecasts submitted to PJM.

(b) As part of this investigation, the Commission shall:

(1) Review all materials, data sets, and filings provided by Commission-regulated electric distribution companies to PJM related to load forecasting.

(2) Review the accuracy, consistency, and transparency of forecasting methods and assumptions.

(3) Review specific load interconnection requests to ensure that only those projects that have a high likelihood of being developed are included in the load forecast. As part of this evaluation, the Commission should consider financial commitments provided by the interconnecting customer to the development of its project.

(4) Coordinate directly with Commission-regulated electric distribution companies and PJM to ensure that Delaware’s electric utility forecasts are incorporated into PJM’s regional planning on a fair, accurate, and non-duplicative basis.

(5) Work jointly with PJM and other state utility commissions within the PJM footprint to ensure that new large loads and customer contracts are not double counted across jurisdictions and to evaluate whether other state load forecasting policies can improve Delaware’s efforts.

(c) The Commission shall have the authority to promulgate regulations to more fully define the requirements necessary for the implementation of this section.

§718. Access to Confidential Contracts.

(a) In carrying out its responsibilities under this Act, the Commission shall have authority to review and access any contracts, agreements, or commitments between interconnecting customers and Commission-regulated electric distribution companies within the State of Delaware that impact load forecasting assumptions.

(b) Commission-regulated electric distribution companies shall provide such contracts to the Commission upon request, subject to the confidentiality provisions of Title 29 of the Delaware Code, § 10002(o)(2) and (6) and any other provisions of Delaware law. The Commission shall put in place appropriate safeguards to protect against disclosure of confidential information.

§719. Annual Reporting.

(a) The Commission shall submit a written report to the General Assembly no later than May 1 of each year on its progress in implementing this Act. This report shall be posted on the Commission’s website.

(b) The report shall describe:

(1) The Commission’s efforts to implement this Act during the prior year.

(2) Findings from its review of load forecasting processes and materials submitted by Commission-regulated electric distribution companies to PJM.

(3) Any coordination undertaken with PJM and other states to prevent duplicative counting of projects and customer contracts.

(4) Recommendations for legislative or regulatory changes to further improve load forecasting oversight and reliability.

Section 2. This Act shall sunset on December 31, 2035, unless otherwise renewed by the General Assembly.

SYNOPSIS

This legislation shall be known and may be cited as the “Load Forecast Accountability Act.” Recent reports by PJM Interconnection, L.L.C. (PJM), have highlighted that electricity demand across the PJM footprint, including Delaware, is projected to grow due to data centers, electrification of vehicles and buildings, and other large load additions. PJM recently projected that, by 2030, PJM expects to add 32 GW of load to the grid – 30 GW of which is attributable to data centers. PJM relies upon load forecasts submitted by Commission-regulated electric distribution companies in Delaware to establish system planning needs and capacity requirements which ultimately have costs associated with both. Accurate, transparent, load forecasting is essential to ensure the adequacy of electric supply, maintain system reliability, and protect Delaware consumers from unnecessary costs caused by overbuilding or underbuilding system resources.

There is a critical need for the Delaware Public Service Commission to provide oversight of load forecasting inputs from Commission-regulated electric distribution companies, to ensure accuracy and transparency, and to coordinate with PJM and neighboring state regulators to prevent duplicative counting of projects and customer contracts. The purpose of this Act is to provide the Commission with authority and responsibility to: (1) Review and evaluate load forecasts submitted by Delaware Commission-regulated electric distribution companies to PJM; (2) Coordinate with PJM and other states to ensure accurate system-wide planning; and (3) Access all relevant materials, including confidential agreements, necessary to carry out this oversight.

Under this Act, the Commission is required to submit a written report to the Governor, the General Assembly, and the Director and the Librarian of the Division of Legislative Services no later than May 1 of each year on its progress in implementing this Act. This report must also be posted on the Commission’s website.

Author: Senator Hansen