Bill Text: DE HB271 | 2009-2010 | 145th General Assembly | Draft

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Bill Title: An Act To Amend Title 26 Of The Delaware Code Relating To The Authority Of The Public Service Commission To Compel Return Of Utility Property Transferred Without Authorization.

Spectrum: Moderate Partisan Bill (Democrat 4-1)

Status: (Introduced - Dead) 2009-06-24 - Introduced and Assigned to Energy Committee in House [HB271 Detail]

Download: Delaware-2009-HB271-Draft.html

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SPONSOR:	Rep. Schooley & Rep. Longhurst & Sen. Bunting & Sen. Ennis & Sen. Simpson

HOUSE OF REPRESENTATIVES

145th GENERAL ASSEMBLY

HOUSE BILL NO. 271

AN ACT TO AMENDTITLE 26 OF THE DELAWARE CODE RELATING TO THE AUTHORITY OF THE PUBLIC SERVICE COMMISSION TO COMPEL RETURN OF UTILITY PROPERTY TRANSFERRED WITHOUT AUTHORIZATION.

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

Section 1.Amend Section 215 of Title 26 of the Delaware Code by inserting a new subsection (h) to read as follows:

"(h)Notwithstanding anything in this title to the contrary, should the Commission determine after notice and a hearing that a public utility has violated subsection (a)(1) hereof by transferring or disposing of any essential part of its franchises, plant, equipment or other property, necessary or useful in the performance of its duty to the public without Commission approval, then the Commission may compel the return of such property to the public utility.".

SYNOPSIS

This amendment allows the Commission to compel the return of utility property found to have been transferred or disposed of without Commission approval.