26 Del. Admin. Code § 1004-8.0

Current through Register Vol. 28, No. 5, November 1, 2024

Section 1004-8.0 - Failure To Reach Agreement

8.1 Where a public utility and an attaching entity are unable to reach agreement with respect to the rates, terms, and/or conditions under which an attaching entity may use facilities owned or controlled by a public utility, either party may file a petition requesting the Commission to resolve the dispute.

8.2 Any petition filed under this section shall be verified and shall specify:

8.2.1 that the host public utility has determined, under § 7.1.1 of these regulations, to make space available to the prospective user;

8.2.2 those points upon which the parties have been able to reach agreement;

8.2.3 those points upon which the parties have not been able to reach agreement, setting forth the reasons therefor.

8.3 Upon receipt of such a petition, the Commission shall commence such proceedings, formal or informal, as it deems most appropriate to expedite a satisfactory resolution of the dispute. All such petitions shall be finally decided or dismissed within 360 days of their filing with the Commission.

8.4 In reviewing the rates, terms, or conditions of any attachment agreement under §§ 5 or 8 of these regulations, the Commission may consider, among other things:

8.4.1 the annual cost to the public utility of providing the facilities subject to attachment;

8.4.2 the interest of the consumers or subscribers of the attaching entity;

8.4.3 the interest of the customers of the public utility providing the facilities; and

8.4.4 the annual cost to the attaching entity to construct, own, and operate its own facilities.

26 Del. Admin. Code § 1004-8.0