Delaware 2025-2026 Regular Session

Delaware Senate Bill SB59

Introduced
2/21/25  
Refer
2/21/25  
Engrossed
3/20/25  

Caption

An Act To Amend Title 26 Of The Delaware Code Relating To Public Utilities And Utility Rates.

Impact

If enacted, SB59 would significantly impact the regulatory framework governing public utilities in Delaware. By instituting a prudence standard, the PSC would gain the authority to reject costs that do not meet reasonable standards of necessity and efficiency, which could lead to more stable and potentially lower rates for consumers. This change also aims to protect consumers from being charged for excessive expenditures that a utility might incur in the course of its operations, fostering a more accountable environment for utility management.

Summary

Senate Bill 59 proposes amendments to Title 26 of the Delaware Code concerning public utilities and utility rates. The bill seeks to transition from a business judgment rule used by the Delaware Public Service Commission (PSC) to a prudence standard when determining which costs can be included in the rate base for public utilities. This change aims to enhance oversight by allowing the PSC to disallow certain expenses deemed imprudent, thereby preventing unwarranted increases in utility rates for consumers. The amendment addresses the growing concerns regarding the escalating utility bills that could result from utilities passing imprudent costs onto customers.

Sentiment

The overall sentiment surrounding SB59 appears to be supportive among consumer advocacy groups and constituents concerned about rising utility fees. Proponents argue that the bill provides necessary consumer protections against rate hikes driven by imprudent utility decisions. However, there may be pockets of resistance from utility companies who might view this legislation as a challenge to their operational autonomy and potential impacts on capital investment strategies. This tension reflects broader conflicts between regulatory authority and business flexibility.

Contention

Some points of contention regarding SB59 include opposition from utility companies that argue the amendments could hinder their ability to finance necessary upgrades and expansions while maintaining competitive utility services. Critics also raise concerns that the prudence standard could introduce uncertainty in financial planning for utility companies, potentially affecting service delivery. Proponents counter that implementing a prudence standard would not only protect consumers but also incentivize utilities to engage in more careful fiscal planning.

Companion Bills

No companion bills found.

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