HOUSE OF REPRESENTATIVES

153rd GENERAL ASSEMBLY

HOUSE BILL NO. 269

AS AMENDED BY

HOUSE AMENDMENT NO. 1

AN ACT TO AMEND TITLE 26 OF THE DELAWARE CODE RELATING TO NET-METERING AND INTERCONNECTION RULES.

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

Section 1. Amend § 1014, Title 26 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 1014. Public purpose programs and consumer education [For application of this section, see 85 Del. Laws, c. 83, § 2].

(e) The rules and regulations promulgated for net energy metering by the Commission, municipal electric companies, and electric cooperatives during any period of exemption under § 223 of this title must consider the reliability, safety, and capacity of the electric distribution system and:

(5) Require that all generating systems and grid-integrated electric vehicles used by eligible customers meet all applicable safety and performance standards established by the National Electrical Code, and those of the Institute of Electrical and Electronic Engineers, UL, or the Society of Automotive Engineers, to ensure that net metering customers meet applicable safety and performance standards and comply with the electric supplier’s interconnection tariffs and operating guidelines. An electric supplier’s interconnection rules must be developed by using as a guide supplier must adopt the Interstate Renewable Energy Council’s Model Interconnection Rules and best practices identified by the U.S. Department of Energy. Municipal electric companies shall establish interconnection rules no later than July 24, 2008. Procedures (Procedures) within 12 months of the Procedures’ latest publishing date. Any deviation from the Procedures must be affirmatively approved by the utility’s regulatory body in a formal proceeding. The utility regulating authority may establish, monitor, and enforce mandatory interconnection application processing timelines and project milestones within its interconnection rules, including commensurate consequences for failure by an electric supplier to meet such deadlines, unless delays are demonstrably attributable to the applicant.  An electric supplier may not require eligible net-metering customers who meet all applicable safety and performance standards to install excessive controls, perform or pay for unnecessary tests, or purchase excessive liability insurance. Commission-regulated electric utilities may recover prudently incurred implementation costs including administrative fees, back-office technology upgrades, and customer system investments necessary to decrease overall project execution timelines and ensure projects are brought online within the prescribed timelines.