Del. Code 26, § 102 : Public Utilities — Public Service Commission — General Provisions — Definitions

31 Jul 2016

Current through 2016 Legislative Session, Act 399

As used in this title, unless the context otherwise requires:

(1) "Commission" means the Public Service Commission.
(2) "Public utility" includes every individual, partnership, association, corporation, joint stock company, agency or department of the State or any association of individuals engaged in the prosecution in common of a productive enterprise (commonly called a "cooperative"), their lessees, trustees or receivers appointed by any court whatsoever, that now operates or hereafter may operate for public use within this state, (however, electric cooperatives shall not be permitted directly or through an affiliate to engage in the production, sale or distribution of propane gas or heating oil), any natural gas, electric (excluding electric suppliers as defined in § 1001 of this title), water, wastewater (which shall include sanitary sewer charge), telecommunications (excluding telephone services provided by cellular technology or by domestic public land mobile radio service) service, system, plant or equipment.
(3) "Rate base" means:
a. The original cost of all used and useful utility plant and intangible assets either to the first person who committed said plant or assets to public use or, at the option of the Commission, the first recorded book cost of said plant or assets; less
b. Related accumulated depreciation and amortization; less
c. The actual amount received and unrefunded as customer advances or contributions in aid of construction of utility plant, and less
d. Any accumulated deferred and unamortized income tax liabilities and investment credits, adjusted to reflect any accumulated deferred income tax assets including, but not limited to, those arising from the payment of alternative minimum tax, related to plant included in paragraph a. above, plus
e. Accumulated depreciation of customer advances and contributions in aid of construction related to plant included in paragraph a. above, and plus
f. Materials and supplies necessary to the conduct of the business and investor supplied cash working capital, and plus
g. Any other element of property which, in the judgment of the Commission, is necessary to the effective operation of the utility.
(4) "Cable television system," "community antenna television," "cable system" or "system" shall mean a facility within this State which is constructed in whole or in part in, on, under or over any highway, road, street, alley, or other public place and which is operated to perform the service of receiving and amplifying the signals of 1 or more radio and/or television broadcasting stations and distributing such signals by cable, wire or other means to members of the public who subscribe to such service; provided that nothing herein is intended to prohibit any system from engaging in any other activity not expressly prohibited by law; except that such definition shall not include (i) any system which serves fewer than 50 subscribers; or (ii) any system which serves only the residents of 1 or more apartment dwellings or mobile home or trailer parks under common ownership, control or management, and commercial establishments located on the premises of such dwellings; or (iii) telephone, telegraph or electric utilities in those cases where the activity of such utility in connection with a cable system is limited to leasing or renting to cable systems, cables, wires, poles, towers or other electronic equipment or rights to use real property as part of, or for use in connection with, the operation of a cable system.
(5) The term "franchise" shall mean authorization lawfully adopted or agreed to by the Commission pursuant to this chapter to construct or operate a cable television system or systems in whole or in part within a county of this State.
(6) The term "franchisee" shall mean the person, persons or entity holding a franchise.
(7) The term "written notice" shall mean notice in writing which is hand-delivered or mailed by certified mail, to the person who is to be given notice.
(8) "Water utility" shall mean any person or entity operating within this State any water service, system, plant or equipment for public use.
(9) The terms "ancillary services," "distribution facilities," "distribution services," "electric distribution company," "electric supplier," "retail competition," "retail electric customer," "transmission facilities," and "transmission services," as used in Chapters 1, 2 [repealed] and 3 [repealed] of this title, shall have the same definitions as set forth in § 1001 of this title.
Del. C. § 102
47 Del. Laws, c. 254, § 2; 48 Del. Laws, c. 371, § 4; 26 Del. C. 1953, § 101; 54 Del. Laws, c. 38, § 2; 57 Del. Laws, c. 665, § 1; 59 Del. Laws, c. 397, § 1; 62 Del. Laws, c. 125, §6; 64 Del. Laws, c. 342, §1; 65 Del. Laws, c. 484, §1; 68 Del. Laws, c. 124, §1; 70 Del. Laws, c. 585, §§ 1, 2; 72 Del. Laws, c. 10, §§ 4, 5; 73 Del. Laws, c. 157, § 4 [5]; 74 Del. Laws, c. 317, § 1; 75 Del. Laws, c. 73, § 1.;