HCR 158

                SPONSOR:
                Rep. Harris & Sen. Walsh & Sen. Pettyjohn & Rep. Berry & Rep. Collins & Rep. Gray & Rep. Hensley & Rep. Vanderwende
        HOUSE OF REPRESENTATIVES
        153rd GENERAL ASSEMBLY
        HOUSE CONCURRENT RESOLUTION NO. 158
        DIRECTING DELMARVA POWER AND LIGHT COMPANY, THE STAFF OF THE DELAWARE PUBLIC SERVICE COMMISSION, AND THE DELAWARE DIVISON OF THE PUBLIC ADVOCATE TO CLOSELY EXAMINE THE NON-MANDATORY INVESTMENT BUDGET CONTAINED IN DELMARVA'S DRAFT INFRASTRUCTURE, SAFETY AND RELIABLITY PLAN.
        WHEREAS, reliable and affordable electric service is essential to the citizens and businesses of the State of Delaware; and
        WHEREAS, residents within the PJM Interconnection region, including Delawareans, are experiencing higher energy bills attributable in significant part to capacity and supply constraints within the PJM region; and
        WHEREAS, the Delaware Public Service Commission (the “Commission”) is charged with regulatory oversight of public electric utilities to ensure that rates are just and reasonable while preserving the provision of safe and reliable service; and
        WHEREAS, legislators and regulators are actively examining alternative approaches to address customer affordability concerns without compromising the safety and reliability of the electric grid in this State; and
        WHEREAS, the Commission has promulgated regulations at 26
        Del. Admin C.
         § 3007, requiring Delmarva Power & Light Company (“Delmarva”) to file an annual Infrastructure, Safety, and Reliability Plan (“ISR Plan”) setting forth a multi-year preview of planned investments and forecasted budgets; and
        WHEREAS, on March 31, 2026, Delmarva submitted for review and comment a draft ISR Plan that includes a budget for non-mandatory investments as that term is defined in 26
        Del. Admin. C.
        § 3007, of approximately $110.7 million for calendar year 2027 and approximately $118 million for calendar year 2028; and
        WHEREAS, Delmarva, the Staff of the Delaware Public Service Commission (“Staff”) and the Delaware Division of the Public Advocate (“DPA”) have been actively engaged in reviewing and assessing Delmarva’s draft ISR Plan; and
        WHEREAS, Delmarva is required to file its final ISR Plan with the Commission on or before July 31, 2026; and
        WHEREAS, the Delaware General Assembly is committed to developing responsible public policy that balances customer affordability with the continued operation of a safe and reliable electric grid in this State.
        NOW, THEREFORE
        :
        BE IT RESOLVED by the House of Representatives of the 153rd General Assembly of the State of Delaware, the Senate concurring therein, that Delmarva, the Staff, and the DPA are hereby directed to closely examine the non-mandatory investment budget contained in Delmarva’s draft ISR Plan.
        BE IT FURTHER RESOLVED that Delmarva shall work cooperatively with Staff, the DPA, and any consultants retained by Staff or the DPA to reduce its forecasted non-mandatory budget for calendar year 2027 by 20% in the final ISR Plan filed with the Commission on or before July 31, 2026.
        BE IT FURTHER RESOLVED that Delmarva shall work cooperatively with Staff, the DPA, and any consultants retained by Staff or the DPA to reduce its forecasted non-mandatory budget for calendar year 2028 by 25% in the final ISR Plan filed with the Commission on or before July 31, 2026.
        BE IT FURTHER RESOLVED that Delmarva Power shall work cooperatively with the Public Advocate and Commission Staff to adjust its implementation of any interim rate increase in PSC Docket No. 25-1555 pending final action by the Commission, consistent with the Commission’s authority under 26 Del. C. § 310 to protect customers from paying rates that may ultimately be determined to be unjust or unreasonable; and
        BE IT FURTHER RESOLVED to mitigate the impact on customers’ summer bills, Delmarva Power shall present to the Public Advocate and Commission Staff for discussion a mechanism to defer recovery of interim rates implemented on July 9, 2026.
        SYNOPSIS
        This Concurrent Resolution directs Delmarva Power & Light Company to reconsider the non-mandatory investments identified in its draft Infrastructure, Safety, and Reliability Plan for 2026–2028 and to reduce the forecasted 2027 non-mandatory budget by approximately 20% and the forecasted 2028 non-mandatory budget by approximately 25%. This Concurrent Resolution further calls on Delmarva Power to voluntarily adjust its interim rate implementation and to present a rate deferral mechanism to Public Service Commission Staff and the Public Advocate for discussion.