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SPONSOR: Sen. Hansen & Rep. Burns
Sens. Paradee, Richardson, Seigfried, Walsh; Reps.
Griffith, Lambert, Minor-Brown, S. Moore, Morrison,
Phillips
DELAWARE STATE SENATE
153rd GENERAL ASSEMBLY
SENATE BILL NO. 308
AN ACT TO AMEND TITLE 26 OF THE DELAWARE CODE RELATING TO THE LOAD FORECAST
ACCOUNTABILITY ACT.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
1 Section 1. Amend Title 26 of the Delaware Code by making deletions as shown by strike through and insertions as
2 shown by underline as follows:
3 Subchapter VII-B. Load Forecast Accountability Act
4 §715. Short Title.
5 This act and this subchapter shall be known and may be cited as the “Load Forecast Accountability Act.”
6 §716. Legislative Findings and Purpose.
7 (a) The General Assembly finds and declares as follows:
8 (1) Recent reports by PJM Interconnection, L.L.C. (PJM), have highlighted that electricity demand across
9 the PJM footprint, including Delaware, is projected to grow due to data centers, electrification of vehicles and
10 buildings, and other large load additions. PJM recently projected that by 2030, PJM expects to add 32 GW of load
11 to the grid – 30 GW of which is attributable to data centers.
12 (2) PJM relies upon load forecasts submitted by electric distribution companies in Delaware to establish
13 system planning needs and capacity requirements which ultimately have costs associated with both.
14 (3) Accurate load forecasting is essential to ensure the adequacy of electric supply, maintain system
15 reliability, and protect Delaware consumers from unnecessary costs caused by overbuilding or underbuilding
16 system resources.
17 (4) Currently, the process by which utilities and load-serving entities submit information to PJM is very
18 opaque, requires revision to ensure confidence and transparency so that policymakers, regulators, and stakeholders
19 can rely upon the results.
20 (5) There is a critical need for the Delaware Public Service Commission (Commission) to provide
21 oversight of load forecasting inputs from Commission-regulated electric distribution companies, to ensure
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22 accuracy and transparency, and to coordinate with PJM and neighboring state regulators to prevent duplicative
23 counting of projects and customer contracts.
24 (b) The purpose of this Act is to provide the Commission with authority and responsibility to:
25 (1) Review and evaluate load forecasts submitted by Commission-regulated electric distribution
26 companies to PJM.
27 (2) Coordinate with PJM and other states to support system-wide planning.
28 (3) Access all relevant materials, including confidential agreements, necessary to review and evaluate
29 load forecasts.
30 §717. Oversight of Load Forecasting.
31 (a) The Commission shall initiate a proceeding to investigate the methodologies, data, and assumptions used by
32 Commission-regulated electric distribution companies in developing load forecasts submitted to PJM.
33 (b) As part of this investigation, the Commission shall:
34 (1) Review all materials, data sets, and filings provided by Commission-regulated electric distribution
35 companies to PJM related to load forecasting.
36 (2) Review the accuracy, consistency, and transparency of forecasting methods and assumptions.
37 (3) Review specific load interconnection requests to ensure that only those projects that have a high
38 likelihood of being developed are included in the load forecast. As part of this evaluation, the Commission should
39 consider financial commitments provided by the interconnecting customer to the development of its project.
40 (4) Coordinate directly with Commission-regulated electric distribution companies and PJM to ensure
41 that Delaware’s electric utility forecasts are incorporated into PJM’s regional planning on a fair, accurate, and non-
42 duplicative basis.
43 (5) Work jointly with PJM and other state utility commissions within the PJM footprint to ensure that
44 new large loads and customer contracts are not double counted across jurisdictions and to evaluate whether other
45 state load forecasting policies can improve Delaware’s efforts.
46 (c) The Commission shall have the authority to promulgate regulations to more fully define the requirements
47 necessary for the implementation of this section.
48 §718. Access to Confidential Contracts.
49 (a) In carrying out its responsibilities under this Act, the Commission shall have authority to review and access any
50 contracts, agreements, or commitments between interconnecting customers and Commission-regulated electric distribution
51 companies within the State of Delaware that impact load forecasting assumptions.
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52 (b) Commission-regulated electric distribution companies shall provide such contracts to the Commission upon
53 request, subject to the confidentiality provisions of Title 29 of the Delaware Code, § 10002(o)(2) and (6) and any other
54 provisions of Delaware law. The Commission shall put in place appropriate safeguards to protect against disclosure of
55 confidential information.
56 §719. Annual Reporting.
57 (a) The Commission shall submit a written report to the General Assembly no later than May 1 of each year on its
58 progress in implementing this Act. This report shall be posted on the Commission’s website.
59 (b) The report shall describe:
60 (1) The Commission’s efforts to implement this Act during the prior year.
61 (2) Findings from its review of load forecasting processes and materials submitted by Commission-
62 regulated electric distribution companies to PJM.
63 (3) Any coordination undertaken with PJM and other states to prevent duplicative counting of projects
64 and customer contracts.
65 (4) Recommendations for legislative or regulatory changes to further improve load forecasting oversight
66 and reliability.
67 Section 2. This Act shall sunset on December 31, 2035, unless otherwise renewed by the General Assembly.
SYNOPSIS
This legislation shall be known and may be cited as the “Load Forecast Accountability Act.” Recent reports by
PJM Interconnection, L.L.C. (PJM), have highlighted that electricity demand across the PJM footprint, including Delaware,
is projected to grow due to data centers, electrification of vehicles and buildings, and other large load additions. PJM
recently projected that, by 2030, PJM expects to add 32 GW of load to the grid – 30 GW of which is attributable to data
centers. PJM relies upon load forecasts submitted by Commission-regulated electric distribution companies in Delaware to
establish system planning needs and capacity requirements which ultimately have costs associated with both. Accurate,
transparent, load forecasting is essential to ensure the adequacy of electric supply, maintain system reliability, and protect
Delaware consumers from unnecessary costs caused by overbuilding or underbuilding system resources.
There is a critical need for the Delaware Public Service Commission to provide oversight of load forecasting
inputs from Commission-regulated electric distribution companies, to ensure accuracy and transparency, and to coordinate
with PJM and neighboring state regulators to prevent duplicative counting of projects and customer contracts. The purpose
of this Act is to provide the Commission with authority and responsibility to: (1) Review and evaluate load forecasts
submitted by Delaware Commission-regulated electric distribution companies to PJM; (2) Coordinate with PJM and other
states to ensure accurate system-wide planning; and (3) Access all relevant materials, including confidential agreements,
necessary to carry out this oversight.
Under this Act, the Commission is required to submit a written report to the Governor, the General Assembly, and
the Director and the Librarian of the Division of Legislative Services no later than May 1 of each year on its progress in
implementing this Act. This report must also be posted on the Commission’s website.
Author: Senator Hansen
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