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Comparative Constitutional Law Keyed to Sutton, 5th Ed.
Public Water Supply Co., Inc. v. DiPasquale
Citation:
735 A.2d 378 (Del. 1999)Facts
Public Water Supply Company, Inc. is a certificated public water utility authorized to supply water to the public in Sussex County, Delaware. Tunnell Companies, L.P. applied to DNREC for two potable well permits to supply water to tenants of Baywood Greens, a mobile home project with an adjacent eighteen-hole golf course in the Long Neck area of Sussex County. PWSC’s distribution mains adjoin Baywood Greens, and PWSC viewed this area as within its certificated service territory. PWSC opposed the application, arguing that Tunnell’s proposed water distribution scheme infringed upon its certificate of public convenience and necessity. The DNREC Hearing Officer determined that Baywood Greens water system would not constitute a water utility and was not precluded from distributing water under statutory restrictions, recommending permit issuance which the Secretary approved.
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