ML## 119763, 120017
December 1, 2009
Chuck McLean, Esq.James W. Boone, Esq.
Assistant Staff CounselAssistant General Counsel
Maryland Public Service CommissionDelmarva Power & Light Company
6 St. Paul Street, 17th Floor701 Ninth Street, N.W.
Baltimore, Maryland 21202Suite 1100, EP1132
Washington, D.C. 20068
Re:Delmarva Power & Light Company – Revised Tariff Pages – COMAR 20.53 Compliance Filing
Dear Messrs. McLean and Boone:
On November 6, 2009, Delmarva Power & Light Company (“Delmarva”) filed a revised Section 12 to it Maryland Electric Supplier Tariff – P.S.C. MD No. 8. (“Revisions”), effective as of December 7, 2009, with the Public Service Commission (“Commission”). The Revisions were scheduled to be considered by the Commission at its December 2, 2009 Administrative Meeting.
On November 17, 2009, Technical Staff (“Staff”) of the Commission filed a letter requesting that the Commission: (a) defer consideration of the Revisions for 30 days; and (b) direct Delmarva to respond to data requests propounded by Staff in the letter within 5 business days. On November 19, 2009, Delmarva responded to Staff’s letter. Delmarva did not object to the delay in consideration of the Revisions, but stated that if the delay were granted, it requested an order delaying the December 7, 2009 implementation date of its purchase of receivables program. Delmarva also stated that it had concerns of whether it could fully respond to all of Staff’s data requests within 5 business days due to the upcoming holidays, but agreed to respond to the requests as quickly as it could, and would not wait for the full response to be complete before sending the information to Staff.
The Commission is unable to delay the effective date of a tariff revision without the consent of the issuing company. The Commission, however, considers Delmarva’s lack of objection to Staff’s request for a delay in consideration of the Revisions to be consent to the delay of the issued effective date of the Revisions. Additionally, until the Revisions are accepted by the Commission and an effective date is established for the Revisions, the Commission agrees that implementation of the purchase of receivable program without acceptance of an appropriate discount rate would be premature. Consequently, the Commission rescinds the requirement that Delmarva implement its purchase of receivables program by December 7, 2009. At the time that the Commission issues an order accepting the Revisions and establishing an effective date, it will direct a new date by which the purchase of receivables program shall be implemented by Delmarva.
Finally, the Commission directs Delmarva to respond to Staff’s data requests set forth in the November 17, 2009 letter within 5 business days from the date of this letter order. In those instances in which the full responses to a request cannot be gathered within this timeframe, Delmarva should advise Staff of this fact, provide the information that is currently available, and provide Staff the timeframe in which the remainder of the information will be produced. In the event Staff finds that the timeframes proposed by Delmarva are not reasonable, Staff may submit a request to the Commission to further delay consideration of the Revisions and/or suspend the Revisions to allow adequate time for Staff to prepare its comments/recommendations on the Revisions.
Accordingly, the Commission: (a) defers consideration of the Revisions to the January 13, 2010 Administrative Meeting with the understanding that Delmarva has agreed to defer the effective date of the Revisions until the date on which the Commission accepts them; (b) relieves Delmarva from implementing its purchase of receivables program until further order of the Commission; and (c) directs Delmarva to respond to Staff’s data requests set forth in Staff’s November 17, 2009 letter within 5 business days of this letter order with the exceptions set forth herein.
By Direction of the Commission,
Terry J. Romine
Executive Secretary
Cc:Paula Carmody, People’s Counsel
Brian R. Greene, Esq.
Sandra Minch Guthorn, Esq
WILLIAM DONALD SCHAEFER TOWER 6 ST. PAUL STREET BALTIMORE, MARYLAND 21202-6806
410-767-8000 Toll Free: 1-800-492-0474 FAX: 410-333-6495
MDRS: 1-800-735-2258 (TTY/Voice) Website:
/WILLIAM DONALD SCHAEFER TOWER 6 ST. PAUL STREET BALTIMORE, MARYLAND 21202-6806
410-767-8000 Toll Free: 1-800-492-0474 FAX: 410-333-6495
MDRS: 1-800-735-2258 (TTY/Voice) Website: