Neal v. Delmarva Power & Light Company

── Neal v. Delmarva Power & Light Company ── Court: Superior Court of Delaware Date: April 14, 2026 Category: General IN THE SUPERIOR COURT OF THE STATE OF DELAWARE DAVID S. NEAL, ) ) Appellant, ) ) v. ) ) C.A. No. N25A-09-002 CLS DELMARVA POWER & LIGHT ) COMPANY, ) ) Appellee. ) Date Submitted: January 14, 2026 Date Decided: April 14, 2026 ORDER On Appeal from the Court of Common Pleas, AFFIRMED. David S. Neal, Pro se Appellant. Brian Jordan, Esquire of DELMARVA POWER & LIGHT COMPANY, Attorney for Appellee. SCOTT, J.  Before the Court is Davis S. Neal’s (“Appellant”) appeal of a judgment from the Court of Common Pleas dismissing Appellant’s Complaint against Delmarva Power & Light Company (“Delmarva”) under Court of Common Pleas Rule 12(b)(1). The Court has reviewed the parties’ submissions and the record below. For the following reasons, the court’s decision is AFFIRMED. FACTUAL AND PROCEDURAL BACKGROUND Delmarva is a public utility company that provides electric and gas services to customers in Delaware and Maryland.1 The Delaware Electric Tariff (the “Tariff”) controls the contractual relationship between Delmarva and its customers.2 The Delaware Public Service Commission (the “Commission”) has the power to supervise and regulate all public utilities.3 In June 2021, Appellant established an account with Delmarva for residential electric service at his home in Wilmington, Delaware.4 At the time, residential electric service was the only type of service offered to Appellant, and Delmarva did not otherwise “inform [Appellant] that he might be eligible for any other available rate categories.”5 1 Compl. ¶¶ 2,5. 2 Current Rates, Programs and Processes (Delaware), at https://www.delmarva.com/my- account/my-dashboard/rates-tariffs/delaware-electric/current-tariffs (last visited April 10, 2026). 3 26 Del. C. § 201(a). 4 Compl. ¶ 5. 5 Id. ¶¶ 6, 7.  In July 2024, Appellant became aware of the Tariff.6 From the Tariff, Appellant concluded that he qualified for a cheaper service classification.7 But when Appellant contacted Delmarva to request a change in service plan, Delmarva told Appellant that the change was “not available.”8 After filing a formal complaint with the Commission, however, Delmarva allegedly “admitted that [Appellant] was eligible for” the requested service classification, which went into effect at Appellant’s home on September 13, 2024, and reduced his utility bill.9 On October 5, 2024, Appellant filed a Complaint in the Court of Common Pleas against Delmarva for breach of contract and consumer fraud.10 The Complaint alleges that Delmarva breached its contract with Appellant because the Tariff required Delmarva to advise and assist customers in picking the best service plan. 11 Thus, Appellant claims he was overbilled for over three years.12 Appellant also alleges a second cause of action in the Complaint for consumer fraud based on 6 Id. ¶ 11. 7 Id. ¶ 12. 8 Id. ¶¶ 16–17. 9 Id. ¶¶ 22–26; In its opinion, the court notes that the formal complaint was resolved by the Commission when it granted Delmarva’s motion to dismiss, finding that it did not violate the Tariff by not switching the service classification when Appellant asked. Neal v. Delmarva Power & Light Co., Del. CCP C.A. No. CPU4-24-003917, Mayer, J. (Aug. 27, 2025), at n.4. 10 See generally Compl. 11 Id. ¶¶ 46, 52–61. 12 Id. ¶¶ 54–56. Delmarva’s failure to inform Appellant, and other customers, of more advantageous service plans.13 On November 4, 2024, De