An Act To Amend Title 26 Of The Delaware Code Relating To The Load Forecast Accountability Act.
SB308 creates the “Load Forecast Accountability Act” in Title 26 of the Delaware Code and directs the Delaware Public Service Commission (PSC) to take a more active oversight role in how electric distribution companies develop and submit load forecasts to PJM Interconnection. The bill is aimed at improving the accuracy and transparency of forecasts used for regional electric planning, especially in light of projected demand growth from data centers, vehicle and building electrification, and other large new loads. The General Assembly’s findings state that better forecasting is needed to avoid unnecessary costs, maintain reliability, and ensure that only projects with a high likelihood of development are counted in planning assumptions.
The bill requires the PSC to open a proceeding to examine the methodologies, data, and assumptions utilities use in preparing load forecasts for PJM. It authorizes the PSC to review filings, data sets, and specific interconnection requests, and to consider customer financial commitments when deciding whether a project should be included in forecasts. The PSC is also directed to coordinate with PJM and other state utility regulators to avoid double counting of projects or contracts across jurisdictions, and it may adopt regulations to implement these duties. In addition, utilities must provide the PSC access to relevant contracts, agreements, and commitments that affect forecasting, subject to confidentiality protections.
SB308 would change state regulatory practice by giving the PSC explicit authority to inspect and evaluate load-forecast inputs that previously may have been handled with less direct state oversight. It also creates a recurring reporting obligation: the PSC must submit an annual report to the General Assembly describing its implementation efforts, findings, coordination activities, and any recommended legislative or regulatory changes. The act is temporary and sunsets on December 31, 2035, unless renewed.
The overall sentiment reflected in the bill text is strongly supportive of greater oversight, transparency, and reliability in electric planning. The bill’s findings frame the issue as a consumer-protection and grid-planning concern, emphasizing the risks of overbuilding, underbuilding, and duplicative counting. No committee transcript or vote record was provided, so there is no documented opposition or recorded floor debate in the supplied materials.
The main points of contention implied by the bill are likely to involve utility confidentiality, the scope of PSC authority, and how aggressively the Commission should scrutinize PJM-related forecasts and private customer agreements. The bill attempts to balance those concerns by requiring confidentiality safeguards while still granting access to contracts and commitments needed for oversight. Another likely issue is coordination across states and with PJM, since the bill seeks to influence regional planning practices beyond Delaware’s borders.
SB308 would amend Delaware utility law by adding a new subchapter in Title 26 that expands the Delaware Public Service Commission’s authority over load forecasting for Commission-regulated electric distribution companies. It requires PSC review of forecasting methods and access to supporting materials and confidential agreements, and it authorizes rulemaking, annual reporting, and coordination with PJM and neighboring state regulators. The bill primarily affects electric utilities, large-load customers, and the PSC, and it is intended to improve regional planning accuracy and reduce the risk of miscounted demand in capacity and infrastructure decisions.
The bill is presented in a favorable light, with the sponsor and synopsis emphasizing reliability, transparency, and consumer protection. The stated rationale is that Delaware needs stronger oversight of utility load forecasts because rapid growth in data centers and electrification could distort planning if forecasts are inaccurate or duplicated. Because no committee discussion or vote history was provided, there is no recorded public opposition or amendment debate in the supplied materials, but the bill’s structure suggests a policy preference for tighter regulatory oversight rather than a neutral procedural change.
The most likely areas of contention are the PSC’s expanded access to confidential contracts, the burden on utilities to disclose forecasting inputs, and the extent to which Delaware should intervene in PJM’s regional planning process. Utilities or large-load developers may be concerned about confidentiality, administrative burden, or the possibility that PSC review could slow project planning. Supporters, by contrast, appear focused on preventing double counting, improving forecast accuracy, and protecting ratepayers from unnecessary costs. The bill tries to address confidentiality concerns by incorporating existing Delaware public records exemptions and requiring safeguards against disclosure.