Preview:

IN THE SUPERIOR COURT OF THE STATE OF DELAWARE IN AND FOR KENT COUNTY

CARLET D. WARD

: : Appellant, : : v. : : DELMARVA POWER AND ELECTRIC : COMPANY and DELAWARE PUBLIC : SERVICE COMMISSION : : Appellee. :

C.A. No: 12A-10-001 (RBY)

Submitted: January 3, 2013 Decided: February 19, 2013

Upon Consideration of Appellant's Appeal from the Decision of the Court of Common Pleas AFFIRMED ORDER

Carlet D. Ward, Pro se. Robert W. Whetzel, Esq., Richards, Layton & Finger, P.A., Wilmington, Delaware for Appellee Delmarva Power and Electric Company. Joseph C. Handlon, Esq., Department of Justice, Wilmington, Delaware for Appellee Delaware Public Service Commission.

Young, J.

Ward v. Delmarva Power & Electric Company & Delaware Public Service Commission C.A. No.: 12A-10-001 (RBY) February 19, 2013

Appellant Carlet D. Ward ("Ward" or "Appellant") initiated actions in both the Delaware Court of Chancery and Delaware Court of Common Pleas over a service dispute with Delmarva Power & Light Company ("Delmarva Power"). On September 10, 2012 the Court of Common Pleas held a hearing on the Motions to Dismiss filed by Delmarva Power and the Delaware Public Service Commission (the "PSC"). After hearing arguments from the parties, the Court of Common Pleas dismissed Ward's claims on the for lack of subject matter jurisdiction and failure to state a claim. This appeal arises from the dismissal of her claims by the Court of Common Pleas. Ward's filing alleges three issues with the decision of the Court of Common Pleas. She claims: the hearing was procedurally improper; the judge was biased and prejudiced against her; and that it was error to dismiss the Complaint. The Delaware Public Service Commission has exclusive original jurisdiction to supervise and regulate public utilities.1 The PSC had already concluded that Delmarva Power had properly billed Ward for her electric consumption before these actions were filed. After the PSC gives notice of a decision, an appellant has thirty days from the date of notice to appeal the PSC's final order.2 The Superior Court has exclusive jurisdiction over appeals from state administrative agencies.3 Appellant did not comply with any of the statutory requirements governing such an appeal. Though Appellant's document is entitled "Complaint," the allegations contained are in the

1

26 Del. C.

Download 185660.pdf

Delaware Law