The Division of Climate, Coastal and Energy will conduct a public hearing (Docket #2025-R-CCE-0001) to consider public comments on a proposed new regulation for waivers of net metering limits for agricultural users. Public comment period open through Oct. 8, 2026.

The purpose of the proposed regulation — Issuance of Waivers of Net Metering Limits for Agricultural Use Customers (7 DE Admin. Code 2106) — is to provide guidance to agricultural use customers wishing to install a customer-sited electric generation facility greater than 150 kilowatts (kw) under Delaware’s net metering statute (26 Del.C. 1014(d)(1)). The statute requires the Department to promulgate regulations for waivers of the 150 kw limit for agricultural use customers that receive electric distribution service under a residential electric service tariff.

The proposed regulation provides the process for an impacted agricultural use customer to submit a waiver request to DNREC and the process for appeals if the customer does not agree with the initial decision issued on the waiver request.

The proposed regulation may be inspected online starting Sept. 1, 2026, in the Delaware Register of Regulations, or in person, by appointment only, by contacting Janet Redman, Division of Climate, Coastal and Energy, 100 W. Water Street, Dover, DE 19904, at Janet.Redman@delaware.gov or 302-739-9409.

The Department will accept public comment through Oct. 8, 2026. Comments will be accepted in written form via email to DNRECHearingComments@delaware.gov, using the online form at de.gov/dnreccomments, or by U.S. mail to the address on this page.

Public Hearing Officer: Lisa Vest
DNREC Office of the Secretary
89 Kings Highway
Dover, DE 19901

Related Documents and Links

PSC ORDER NO. 10431: 3012 Rules for Regulation of Net Metering 27 DE Reg. 985 (06/01/24) (Final)

DNREC Start Action Notice SAN 2024-16

Regulatory Flexibility Analysis and Impact Statement Form

Legislation creating the waiver requirement: An Act to Amend Title 26 of the Delaware Code Relating to Net Energy Metering (77 Del. Law c. 146) (2009)

Legislation that assigns the responsibility to DNREC to promulgate regulations: An Act to Amend Title 26 of the Delaware Code Relating to Net-Metering (83 Del. Law c. 355) (2022)

Legislation that changes net metering limits for Agricultural Customers from 100kw to 150kw: An Act to Amend Title 26 of the Delaware Code Relating to Electric Utility Restructuring (84 Del. Law c. 125) (2023)

DNREC Public Notice of the Hearing as published in the Wilmington News Journal. (Aug. 31, 2026)

DNREC Public Notice of the Hearing: DNREC Notice No. CCE20260331 (Aug. 31, 2026)

State Public Meeting Calendar Notice of the Hearing (Sept. 1, 2026)

Posting of Proposed Regulation and Notice of Public Hearing in the Delaware Register of Regulations (Sept. 1, 2026)

DNREC Public Notice of the Hearing as published in the Delaware State News. (Sept. 2, 2026)