26-IB57 9/22/26 FOIA Opinion Letter to Dr. Amy Roe re: Public Service Commission

Re:      FOIA Petition Regarding the Delaware Public Service Commission

We write in response to your correspondence alleging that the Delaware Public Service Commission violated Delaware’s Freedom of Information Act, 29 Del. C. §§ 10001-10008 (“FOIA”).  We treat your correspondence as a Petition for a determination pursuant to 29 Del. C. § 10005 of whether a violation of FOIA has occurred or is about to occur.  For the reasons set forth below, we determine that the Commission’s August 19, 2026 public comment session was not a public meeting subject to FOIA, and thus, no violation of FOIA occurred.

On August 19, 2026, the Public Service Commission held a public comment session concerning PSC Docket No. 25-1555 related to an application by Delmarva Power & Light Company to increase base electric rates.  The public comment session had a physical location and a virtual access option.  When you tried to access the meeting, the virtual meeting link did not work for you.  You contacted the Commission during the meeting and received an alternative link, which also did not work.  You allege that another member of the public posted a functional link to the meeting, and with that link, you eventually joined the meeting.  This Petition followed.

In the Petition, you contend that the Commission violated FOIA because both the link in the posting and the alternative link provided did not work.  You argue that although you eventually joined the meeting, you did not monitor the full meeting due to these errors, and the Commission’s failure to provide the correct links violates FOIA; another individual’s posting of a working link for the meeting does not constitute compliance for the Commission.