The requirements apply to facilities with monthly maximum demand of at least 75 MW at an 85% or greater load factor, instantaneous demand of at least 100 MW, or demand of at least 30 MW when primarily providing data-processing services under NAICS code 518210. The 30-megawatt threshold for code 518210.

Utilities or their regulatory bodies may aggregate multiple facilities and treat them as one large energy use facility if their location, electricity use, and operating characteristics pose reliability risks. Bulk crude-oil and petroleum-product facilities are generally excluded, but the exemption does not cover a qualifying new facility that adds unrelated uses. Multiple facilities may be aggregated.

A covered facility generally must produce or procure generation sufficient to meet 100% of its annual energy needs from facilities interconnected in Delaware, PJM’s DPL transmission zone, or a land-contiguous transmission zone with sufficient existing transmission capacity to deliver the electricity to Delaware. 100% of the facility’s annual energy needs.

Procured generation must have sufficient existing transmission infrastructure to reach Delaware and must not already have been committed in a prior PJM capacity auction. Previously auctioned capacity qualifies only to the extent attributable to an uprate or repowering. Not already been committed in a prior PJM capacity auction.

Generated power must meet the applicable renewable portfolio standard percentage and be produced by clean-energy technology. Eligible sources include qualifying renewable or clean-energy generation interconnected in Delaware, nuclear power, and Delaware-interconnected storage used primarily to store energy from the specified resources. Single-cycle and open-cycle generation are not acceptable. All power generated must meet the renewable energy portfolio standards.

A facility that does not initially meet the full-generation requirement must submit a plan for regulatory approval to reach 100% of its annual energy needs within 10 years of beginning operations; the plan must meet the generation and clean-energy rules. Within 10 years of commencing operations.

Facilities using the 10-year ramp-up option are subject to curtailment at price-impact thresholds set by the regulatory body and during specified reliability events, and must participate in PJM demand-response programs. If they keep operating during curtailment, their backup systems must meet at least 50% of power needs through battery storage or clean-energy technology. Must participate in PJM demand response programs.

The facility must seek out and fund new generation, either fully or in part. New energy production generation must be sought out and funded.

A facility may not connect to the electric distribution and transmission system until at least 25% of its required generation and 25% of its backup power from clean-energy technology are energized and interconnected. At least 25% of its required energy generation.

Before connecting, the facility must enter a 15-year binding contract with the utility’s regulatory body. The contract must include an insurance bond payable to the General Fund for specified failures, including failing to meet clean-energy obligations, attempting to terminate the contract, bankruptcy or similar proceedings, or violating the section. A 15-year binding contract.

A facility that falls short of its required renewable-energy production or procurement must pay a penalty set by the regulatory body, at least sufficient to cover the cost of the missing energy or the infrastructure needed to produce or procure it. Must pay a penalty.

The utility’s regulatory body may recover from the facility costs it incurs to make determinations or administer these requirements. Costs incurred by the electric utility’s regulatory body.

An electric distribution company may impose additional requirements on a large energy use facility. Imposing additional requirements.

A facility that cannot initially supply all its annual energy needs may operate under a plan approved by the utility’s regulatory body to reach 100% within 10 years. During that period it is subject to curtailment and demand-response requirements; if it continues operating during a curtailment, at least 50% of its backup power must come from battery storage or clean-energy technology. The 10-year ramp-up option

A facility may connect to the electric system before all required generation is in place once at least 25% of its required generation and 25% of its backup power from clean-energy technology are energized and interconnected. It must also enter a 15-year binding contract containing a guaranteed insurance bond. The 25% interconnection threshold

Facilities may meet their energy obligations through a combination of onsite or directly interconnected generation, power-purchase agreements, procurement, or another mechanism approved by the utility’s regulatory body. Eligible sources include qualifying renewable or clean-energy generation and nuclear power; energy storage interconnected in Delaware may also qualify when primarily used to store energy from specified eligible sources. Approved procurement methods

Generation procurement may draw on facilities in Delaware, the PJM DPL transmission zone, or a land-contiguous transmission zone with sufficient existing infrastructure to deliver the electricity to Delaware. Eligible supply may include new generation at an existing facility, uprates, and repowering of certain deactivated or retired units, subject to limits on capacity already committed in a prior PJM capacity auction. Eligible locations and generation additions

The rules cover facilities meeting any of these thresholds: at least 75 MW monthly maximum demand at an 85% load factor; at least 100 MW instantaneous demand; or at least 30 MW monthly maximum demand for a facility primarily providing data-processing services. Facilities may be aggregated when the utility or regulator finds their combined electricity use, location, or operations create reliability risks. The large-facility thresholds and aggregation rule

A covered facility served by a regulated utility may not begin operating without Public Service Commission approval of an Electric Service Agreement (ESA) and a Transmission Security Agreement (TSA). The ESA must be approved before interconnection, and the facility cannot receive utility service until the applicable large-load tariff is approved. Prior ESA approval and a TSA are required

An ESA must impose a minimum contract term of 10 years after the load-ramp period and 15 years total including ramp-up. It must also require payment of at least 90% of contract capacity for distribution charges, and for utility-provided supply costs. Separately, the TSA must limit the load-ramp period to 10 years and set a demand floor of 90% of contract capacity. Minimum ESA terms and TSA ramp and demand-floor requirements

An ESA must require at least five years’ advance notice of termination and exit fees sufficient to cover unrecovered costs. Exit procedures and fees

Facilities must provide financial security, such as qualifying bonds, letters of credit, or cash-equivalent guarantees, to protect other customers against costs and obligations if the facility defaults, becomes insolvent, or terminates service. Financial guarantees in the ESA and TSA security

Facilities interconnected after December 31, 2026, are subject to utility load-shed protocols. In pre-emergency or emergency reliability events, large facilities must be curtailed before other comparable noncritical or critical loads, as applicable. They must support targeted or whole-facility curtailment with appropriate equipment, load separation, readiness measures, and telemetry. The statute provides an exception to specified curtailment requirements for facilities that construct or cause qualifying new generation meeting its location, capacity, and clean-energy criteria. Load-shed rules and their date limitation and new-generation exception

The ESA and tariff must assign costs attributable to the facility—including distribution upgrades, capacity procurement, transmission upgrades, studies, and certain PJM reliability-backstop obligations—to the facility or, where direct assignment is not possible, to the large-facility customer class. An independent incremental-cost test must compare facility revenues with incremental system costs; if revenues fall short, the utility and facility must propose added revenues, which may include a customer-specific fee. Cost assignment and the incremental-cost test

Facilities must contribute $0.000190 per kWh to the Low-Income Charge and $0.000712 per kWh to the Green Energy Fund. They are also treated as end-use customers for renewable portfolio standard purposes and must pay a proportional share of the specified qualified-fuel-cell-provider charge. Required per-kWh contributions and other charges

An ESA application must include specified information and studies, including transmission and distribution upgrades, electricity by generation type, curtailment plans, backup power, facility lifespan, and studies of Delaware electricity costs and grid reliability. The Commission reviews the agreement against regulatory requirements and considers cost allocation, reliability, economic and ratepayer impacts, environmental targets, public welfare, and the developer’s viability. Required application materials and Commission approval factors

A facility already operating on August 26, 2026, is excluded from the large-facility definition unless a change increases its use above the thresholds, in which case ESA approval is triggered. Bulk petroleum storage, processing, refining, or transfer facilities are excluded, subject to an exception if a new facility later adds unrelated uses and meets the thresholds. Existing-facility rule and bulk-petroleum exclusion

The Public Service Commission must decide a completed application for an Electric Service Agreement (ESA) within 90 days, with one possible extension of up to 90 days for good cause and in the public interest, providing a defined review timeline. ESA review deadline

A large energy use facility may buy electricity from a certified electric supplier; interconnection, distribution, or transmission service cannot be conditioned on buying supply from the regulated utility. Right to use a certified supplier

Building or arranging qualifying new generation is a positive factor in ESA review. The generation must meet specified location, capacity, and other criteria; certain criteria require consistency with state emissions targets or renewable portfolio standards. New generation as a positive factor

A facility that builds or causes construction of qualifying new generation can be exempt from specified curtailment requirements. The generation must be in Delaware or an eligible nearby transmission zone, not previously participate in PJM’s Base Residual Auction, match the facility’s demand, and meet state climate and renewable standards. Curtailment exemption

A facility already operating on August 26, 2026, is not treated as a large energy use facility under the new framework. An existing facility that later increases usage above the specified thresholds must obtain ESA approval. Treatment of existing facilities

The special large-facility framework applies only when a facility meets at least one statutory demand threshold: 75 MW monthly maximum demand at an 85% load factor, 100 MW monthly maximum instantaneous demand, or 30 MW monthly maximum demand for a facility primarily providing data-processing, hosting, or related services. Facilities below these thresholds do not meet this definition. Definition and thresholds