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Delmarva’s legal power forces 2 villages to vacate laws banning new electricity towers

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Delmarva’s legal power forces 2 villages to vacate laws banning new electricity towers


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Efforts by two tiny bucolic villages in northern Delaware to thwart Delmarva Power’s plan to replace high-voltage transmission lines have crumbled under a lawsuit filed by the state’s dominant electricity provider.

Ardentown and Ardencroft, whose roughly 500 residents live in a self-proclaimed
“forest ecosystem” of mature woodlands and open spaces known as “greens,” object to the looming replacement of seven tall metal towers, one more than 100 feet high, that were built a century ago on what was then farmland.

The existing towers traverse about a half-mile of mostly hilly terrain through the two towns, with some located between the backyard of homes in a Delmarva right-of-way. Their replacement with galvanized steel structures designed to withstand hurricane-force winds is part of Delmarva’s 4.5-mile upgrade that’s aimed at improving reliability service for 13,000 customers while reducing the frequency and duration of outages.

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But the village’s governing assemblies contend the project will tarnish the lush enclave by clear-cutting trees and disrupting lead-contaminated soil beneath the towers. They want the project rerouted about a quarter-mile away, near railroad tracks where Delmarva already has some towers. WHYY News detailed the controversy in January.

The yellow line shows the current stretch of towers and electric cables, and the blue line shows the railroad tracks where Arden leaders want them moved. (Courtesy of Ben Gruswitz)

In a bid to stymie Delmarva, Ardencroft banned new transmission lines and towers last year, and approved an annual impact fee for existing transmission infrastructure. In March, the town sent Delmarva a $12,833.17 impact fee bill for 2025.

Earlier this year, Ardentown formally entered the fray, prohibiting transmission towers and poles from exceeding 100 feet in height, with fines of $1,000 per day for violations. Ardentown also banned new transmission lines or tower infrastructure of 60 kilovolts or more within 100 feet of any home, with fines of $1,500 per day for violations.

Delmarva’s existing lines and towers, both Ardentown ordinances said, have “caused almost 100 years of unnecessary harm and avoidable risk to our village.”

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In response to the villages’ laws and fees, Delmarva fired back on Oct. 31 against Ardentown — but not Ardencroft — in Delaware’s Chancery Court, which is recognized internationally for its ability to resolve business and corporate disputes.

Delmarva’s suit asked the court to invalidate Ardentown’s new laws and order the town to pay its legal bills. The 27-page filing accused the town of exceeding its legislative authority by violating the village’s 1926 contract with predecessor American Power Company that allows the lines, the Delaware Public Service Commission’s authority to regulate utilities and Delmarva’s constitutional property rights.

“The 1926 Ardentown Easement does not limit the height of the towers/poles located in the Ardentown Easement Area, nor does it limit the voltage carried by the transmission lines,” the lawsuit said.

three photos of transmission towers
The century-old transmission towers Delmarva Power wants to replace are up to 95 feet high, and a weathered “danger” sign warning of “high voltage” is attached to a century-old transmission tower. (Cris Barrish/WHYY)

The lawsuit added that the easement “gives Delmarva Power, among other things, the right to ‘repair and renew said poles, towers, structures, fixtures, and wires.’”

None of the current towers are higher than 100 feet, according to the lawsuit, but all of the proposed ones are, and the law was only enacted after Delmarva shared details of its “long-planned improvements” with town leaders.

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“At their core, the ordinances are nothing more than a ‘not in my backyard’ attempt to force Delmarva Power to re-route its existing transmission line away from Ardentown and through other communities,” the lawsuit said.

Noting that the project’s completion deadline is the end of 2026, the lawsuit said that failing to finish by then “risks real-time operational reliability problems, including outages to a large number of customers or higher energy costs to customers.”



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Delaware

Delaware oversight commission debates authority to reject utility rate hikes

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Delaware oversight commission debates authority to reject utility rate hikes


Delmarva Power objects to applying legislation to interim rate

The debate among commissioners over the breadth of their oversight on utility rates comes as the company has pushed back on the group, limiting its interim rate increase to half of its total request, even while it faced criticism from commissioners that it is “cruel” and “tone deaf” for continuing to press for rate hikes.

Delmarva Power, an investor-owned utility, serves 344,000 residential and nonresidential customers in the state. Its parent company, Exelon Corporation, is the nation’s largest regulated electric and gas utility.

Its customers pay a supply and a delivery charge for gas and electricity. The supply of energy comes from PJM Interconnection, a regional grid serving Delaware, Pennsylvania, New Jersey and several other states. Delmarva Power profits through the distribution fee.

Delmarva Power Region President Marcus Beal said they need to file rate hike requests to recoup money it spends on improving and maintaining the infrastructure.

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“Our equipment is extremely expensive, the items that we buy, the transformers, they’re very large, complex things to build,” Beal said. “Even something as simple as a treated pole of a certain size can be very pricey, so we spend a lot of money on the grid itself.”

Under Delaware law, interim rates can be approved seven months after a rate case is filed, while the full petition is being considered by the commission. Prior to the legislation, 100% of the rate request could be implemented. The bill caps interim rates at 50% and allows 75% of the ask to go into effect after 12 months. The bill also puts limits on Delmarva Power’s infrastructure spending.

Delmarva Power spokesperson Matt Ford said the commission overstepped its authority to cut the interim rate as much as they did and the company has argued in its PSC submissions that SB 326 did not apply to the rate increase request filed in December because it had yet to be signed into law. Meyer said he signed the bill Monday.

“Delmarva Power further reserves its objections to the applicability of the legislation, should it become effective, including its impermissible retroactive application,” the utility company said in comments filed Monday afternoon with the commission.

In addition, Delmarva Power has objected to halving $23.2 million in distribution system improvement charges as part of the interim rate commissioners approved. The fee allows utility companies to recover project costs and depreciation between full rate case proceedings.

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“My suggestion is, if you don’t like it, appeal it,” Iorii said.

It’s unclear whether the utility plans to appeal the order. Ford said they were reviewing it and its implications.

Tweedie said he hopes they decide not to appeal.

“If they appeal this, what they are essentially saying is, ‘We want to extract more money from our customers than the commission intended to allow,’” he said.



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Delaware man identified after fatal pedestrian crash

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Delaware man identified after fatal pedestrian crash


Delaware State Police have identified the man who was struck and killed by a vehicle while lying on the roadway in Harrington, Delaware.

On Monday, July 13, 2026, Jimmy Burgess, 62, was struck by a Chevrolet Silverado driving westbound near the 1500 block of Whiteleysburg Road.

According to police, the Silverado, which was operated by a 17-year-old boy from Milton, Delaware, was unable to stop once he saw Burgess on the road, striking him. The driver of the Silverado was not injured during the crash.

Burgess was transported to an area hospital where he was pronounced dead, said police.

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The roadway was closed for approximately three hours while the scene was investigated and cleared.

The Delaware State Police Troop 3 Collison Reconstruction Unit continues to investigate this crash.

Troopers ask anyone with information about the crash contact Sergeant M. Long at (302) 698-8518.

Information can also be provided by sending a private Facebook message to the Delaware State Police, or by contacting Delaware Crime Stoppers at 1-(800) 847-3333

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How a Delaware Chinese restaurant became a musical sensation

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How a Delaware Chinese restaurant became a musical sensation


Where the music grew

Soon playing the restaurant piano became part of Leonard’s regular routine.

In early 2024, a friend encouraged him to record himself playing the old instrument and post the videos online.

The series, “Putting the Chinese restaurant on to jams,” featured Leonard performing R&B, funk and soul covers in the restaurant and interacting with customers. Before long, the videos found an audience online.

Leonard made one thing clear: It was never about building a following; it was about having peace.

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As more videos were posted, he invited his friend to join him. In every live stream, viewers suggested adding more instruments and upgrading the sound system, which he initially thought was ridiculous.

“We started bringing speakers. We started to make music. We started to remix music,” he said. “We pretty much treated it as a public studio at that point.”

Word continued to spread of Leonard’s music and the Chinese restaurant where he played. Drummers, bass players, saxophonists and singers began making their way to the restaurant, transforming an ordinary neighborhood takeout spot into an open jam session where no two performances were ever the same.

“Everything is bliss. So it’s not planned. We just show up,” he said. “I may start a groove — and usually it’s like R&B, gospel, funk, soul, somewhere in that vein — and then it takes off, because the drummer may have a way that he wants to add to the groove. We all just feed off of each other, and then we create something. It’s almost like magic.”

Audiences became part of the performance. Some sang along. Others danced. Many pulled out their phones to capture the moment. Customers who stopped in for dinner often stayed long after their food was ready.

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“You’ll have some people come in, maybe to order food, and then they’ll forget that they’re in a restaurant because of everything that is happening,” he said. “They may order food and then stick around for maybe 10 to 15 minutes and then leave.”

For Leonard, the biggest change wasn’t the growing audience or the recognition. It was rediscovering the confidence he thought he had lost.

“When I picked up the … DoorDash at the Chinese restaurant, that piano was my reminder of leaning more towards my creative side and not really pushing it all the way to the side,” he said.

“Me being able to bring things to life in a Chinese restaurant with a piano, able to reach a lot of people from across the globe, it definitely built my spirit back up.”

New Number One Chinese Food restaurant in Newark, Del., is home to a jam session that is streamed worldwide. (Kimberly Paynter/WHYY)
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An imperfect piano; a perfect community

As the jam sessions grew, Leonard realized they were becoming something larger than just music.

“The piano being out of tune and not really in good shape … I actually thought it… would actually push more people away from it,” he said.

Instead, the opposite happened.

Leonard said he believes the piano’s imperfections are what made the phenomenon possible. Because the instrument is out of tune, musicians have to adapt to it and to one another, creating a sense of collaboration and shared purpose.

“We can still make it adhesive if we all agree to be in tune with the piano,” he said.

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He hopes people leave the restaurant with more than a memorable performance.

“I hope they feel recharged,” he said. “They leave that restaurant feeling great, and they feel like they can do whatever they want to do. No matter what goes on in the world.”

The jam sessions have also introduced Leonard to opportunities he never imagined, connecting him with other artists and collaborators. He has even produced a couple of songs with British singer-songwriter, rapper and producer KWN.

“Honestly, I just hope it grows in a direction where it needs to,” Leonard said. “I’m just following God at this point, because I mean, to me, a year ago, I didn’t really see this happening. But it just happened.”

Leonard said he hopes to continue creating music similar to his jam sessions, curating spaces where strangers become collaborators and where art feels accessible to anyone.

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