AN ACT TO AMEND TITLE 26 OF THE DELAWARE CODE RELATING TO THE LOAD FORECAST ACCOUNTABILITY ACT.

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.