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Delaware PSC Adopts Solar Regulation

The Delaware Public Service Commission has approved Order No. 9965, which adopts rules for community-owned energy generating facilities (CEFs). The new regulations, following legislation signed by Governor Carney last September, seek to provide residents with access to solar energy without needing to install photovoltaic panels on their own properties.

The DEPSC set out standards for interested utility providers and created a webpage for applicants to register for a Preliminary Certificate to Operate. Before applications can be submitted, two actions are required:

  • A company representative must be registered as a system user in order to file documents, and
  • The company must be registered as a “Community Energy Facility” in the system.

The regulations will be effective April 11, 2022, and applications will be accepted in DelaFile beginning that day. Morris James is available to advise on the application process, as well as ancillary matters such as zoning, title, leasing and regulatory services. Contact either attorney Tyler Maron (tmaron@morrisjames.com; 302.888.6864) or Kim Hoffman (khoffman@morrisjames.com; 302.888.5209) for more information.

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article, private clients, real estate & land use