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Indian River Power Plant to shut down two years ahead of schedule. Here are the details

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Indian River Power Plant to shut down two years ahead of schedule. Here are the details


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The only operational unit of Delaware’s sole coal-fired power plant will shut down in February, nearly two years ahead of schedule.

Indian River Unit 4 near Dagsboro originally was scheduled to shut down in 2026 while electrical grids were upgraded to ensure reliability, but regional grid manager PJM announced on Monday, Dec. 23, that the power plant’s unit can shut down 22 months early without causing adverse impacts on the grid’s reliability.

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The company has stated that this early shutdown will save consumers nearly $100 million and will soon make Delaware the sixth state in the country with no coal-fired power plants in operation.

Here are the details.

Why is the plant shutting down?

The Indian River station, located near Dagsboro, is Delaware’s only remaining coal-fired power plant and one of the state’s top air polluters. It consists of four units, three of which have been retired for at least 11 years.

PJM announced on Monday, Dec. 23, that the Indian River Unit 4, which is owned by NRG, could retire by February 2025, two years ahead of its scheduled deactivation date.

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Delmarva Power, which owns the transmission lines in the region, has reportedly completed the required transmission upgrades that would enable the power plant to shut down without negatively impacting electrical reliability. PJM says this shutdown will save wholesale electricity customers around $93 million.

As of Wednesday, Dec. 18, Delmarva Power completed its final stage of transmission upgrades that would allow the power plant unit to shut down.

“Delmarva’s good work to complete this project far ahead of schedule is a win for our customers, both from a reliability and affordability perspective,” said Mike Bryson, senior vice president – operations at PJM. “PJM regards RMR arrangements as a last resort to keep units temporarily operational to maintain system reliability while we make transmission improvements to balance the system, so the sooner we can get the work done, the better.”

In June of 2021, NRG notified PJM of its intent to shut down the unit in 2022, but after PJM conducted a reliability analysis, it was concluded that this shutdown date would cause adverse impacts on electric customers, and the unit’s life was extended until December 2026 to give Delmarva Power time to upgrade the electric grid.

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At the time of the announced extension, customers were expected to bear the brunt of the cost, with an estimated average monthly bill increase of around $6.45.

Indian River power plant’s dirty history

The Indian River plant has been a subject of environmental and public health scrutiny for decades.

In August of 2007, the Delaware Division of Public Health confirmed the presence of a “cancer cluster” in the area immediately surrounding the Indian River Power Plant, with a cancer rate 17% higher than the national average at the time. 

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The 2007 toxic release inventory, released in 2009, listed the Indian River Power Plant as the top emitter of toxic releases, with 88% of the emissions being acid gasses known to have harmful effects on human health and safety.

In March of 2009, the grassroots environmentalist organization Citizens for Clean Power sued the Indian River Power Plant for committing over 6,000 violations of state and federal air pollution regulations.

However, in 2011, the Delaware Cancer Consortium, the Department of Health and Social Services and the Department of Natural Resources and Environmental Control commissioned a study on the potential link between toxin exposure in nearby residents. It concluded that the power plant was not responsible for the impact on people’s health.  

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In 2019, the Environmental Integrity Project confirmed that the Indian River Power Plant was contaminating groundwater with unsafe levels of toxic pollutants found in coal ash including arsenic, lithium and mercury among others. 

In 2023, the EPA acknowledged that coal ash is more dangerous than previously believed, due to levels of arsenic and radiation that pose cancer risks, while also noting widespread noncompliance with federal safeguards.

EarthJustice calculated in May 202, that the power plant contains nearly 1.5 million cubic yards of coal ash and toxic waste, which has contaminated the area’s groundwater.

More recently, the site adjacent to the Indian River plant has been targeted as a potential area for offshore wind cables to connect on-shore. This permit was rejected by Sussex County Council this month.

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Molly McVety covers community and environmental issues around Delaware. Contact her at mmcvety@delawareonline.com. Follow her on Twitter @mollymcvety.  





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Delaware eyes $25.3 million infusion to affordable child care. But to what end?

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Delaware eyes .3 million infusion to affordable child care. But to what end?


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  • Delaware is debating a $25.3 million investment into its state-subsidized child care program, known as Purchase of Care.
  • A potential federal rule change could require the state to pay providers based on enrollment rather than attendance, costing an estimated $25 million.
  • If the federal rule is dropped, officials propose using the funds to expand child care eligibility to more lower-income families.

Delaware child care has been a fixture of this budget season.

Gov. Matt Meyer pitched some $50 million toward early education in his proposed budget for next fiscal year. It included an $11.3 million federal grant to bolster systems, $8 million to pilot statewide hubs – and the largest piece in $25.3 million to boost Purchase of Care, or state-subsidized child care.

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That line item proved a major talking point during a public health budget hearing in Legislative Hall on Monday, March 2, while connecting to broader visions for early childhood reform.

As it turns out, Delaware’s subsidized child care program in particular was already due to shoulder federal requirement changes dating back to the Biden administration. And those changes, effective April 1, could cost the state about $25 million to keep up.

That morning, lawmakers were briefed by the Delaware Department of Health and Social Services for more than three hours, before well over 50 public comments stretched late into the afternoon. Topics ranged from at-home care and centers supporting Delawareans with disabilities, to the ongoing strain of child care.

New Health Secretary Christen Linke Young said the Trump administration might drop these coming changes to pay providers based on child enrollment, before they’re effective.

And for Delaware, she would agree with that call.

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Boosting Delaware child care, one way or the other

Purchase of Care is one program helping lower-income Delaware families – or those making below 200% of the federal poverty level, as of yet – afford care at various child care outfits across the state. Delaware pays those providers directly, around the end of the month, based on how many days these children attended.

Federal requirements could force states to change that.

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Delaware would have to pay providers at the top of the month, based on their overall student enrollment, regardless of attendance. Young told lawmakers that would cost around $25 million each year, if requirements are not rescinded by the Trump administration.

It would mean more money for providers, she said, though also harsher policy needed around attendance expectations.

“If the federal government does change the rules, we need that full amount to shift to enrollment,” she said, addressing the Joint Finance Committee dais. “If not, our intention is to use it for increased eligibility.”

In other words, the administration hopes to invest about $25 million into this bucket either way. However, the health secretary said paying based on enrollment isn’t her recommendation.

Young told lawmakers the administration would rather see that amount infused into the program to expand eligibility to 250% of the federal poverty level. So, picture a family of three making roughly $80,000 would make the cut. No changes were proposed to co-payments or special education tiers.

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This was met with mixed reviews.

“I’m sure some folks are going to have something to say about that,” cautioned Sen. Trey Paradee, committee chair.

For her part, Jamie Schneider was already editing her remarks in real time.

“Comments today suggested providers want to keep attendance-based payments instead of moving to enrollment-based payments,” said the interim executive director for Delaware Association for the Education of Young Children, representing some 900 early care providers. “That is inaccurate and I hope it’s a misunderstanding.”

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Schneider welcomed the enrollment model, with “clear rules” to hold both providers and parents responsible. She and a handful of other speakers still also reinforced the necessity in bolstering the Purchase of Care program, from accessibility to reimbursement rates.

Some lawmakers hesitated on shifting away from enrollment boon for providers, while others pushed for attention on the benefits cliff. Meanwhile, child care became an economic discussion.

Is Delaware child care everyone’s business?

Some lawmakers did not care for this price tag, either way.

“So, there’s $25 million that will be saved because of this non-change, and you’re going to expand the program?” Sen. Dave Lawson posed to Young, while expressing concern for taxpayer dollars.

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The secretary quickly turned to economic impact.

“Child care is expensive,” she said, in a portion of her remarks. “It is keeping people out of the workforce. It is posing an enormous burden on families and keeping them from making choices that they want to make, to participate in the economy, or to drive change.”

The Rodel Foundation released survey data in fall 2025 that would buttress these claims. The nonprofit is focused on public education and policy, with early childhood education as one pillar. At a glance:

  • About 92% of Delaware employers surveyed said child care challenges are hurting their employees, while some 76% reported such problems directly impact their business operations.
  • About 1 in 4 caregivers said they considered leaving Delaware because of child care challenges.
  • 1 in 3 employers cited productivity declines, lost hours or services and staff turnover.
  • 2 in 3 have seen their employees miss work, reduce hours or report absences at least monthly.
  • For parents, 1 in 3 reported turning down a job or promotion, cut hours or left work to meet child care demands.

“The cliff is real for me,” Sen. Eric Buckson said. “It disincentivizes individuals to climb out, and I’ve seen it work against folks.”

Purchase of Care’s “graduated phase out” level – often referred to as the “benefits cliff,” when eligibility runs up – would remain at 300%, according to DHSS budget documents and hearing remarks. It was unclear Monday if it would be solidified in more years to come.

There is a long runway ahead.

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Untangling a bigger picture for Delaware child care

Sometimes Lt. Gov. Kyle Evans Gay describes the state of Delaware’s early childhood education system as the backside of an average desk. Tangled wires trace down the wall, with various colors and knots headed toward different outlets.

She’s been tapped to help straighten it up.

Named chair to the Interagency Resource Management Committee last year, Gay has overseen several Delaware departments as they centralize on early education. Those are state departments like Health and Social Services, Education, Services for Children, Youth and their Families and more.

The cross-agency group – with cabinet secretaries, agency leadership, lawmakers and the Delaware Early Childhood Council – landed a $11.3 million preschool development grant. Gay sees this next year ahead as setting the stage.

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“That will go to projects in each of the agencies, as well as projects in my office,” the lieutenant governor said.

“And truly, with that money, we are building that investable system so that we can have information, including data about how to better serve Delawareans. We’re going to be building local infrastructure so that we can make sure that providers, educators, parents, have resources at their local levels.”

The former state senator and longtime advocate on child care issues sees a north star of early education as a universal, public good.

“But that’s an incredibly large project,” she said. “And it’s a big change from how we traditionally think about birth through 5.”

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From exploring finance models to connecting public and private partners, this could be one step in that direction.

DDOE’s Office of Child Care Licensing has also been working to digitize electronic record systems to elevate the office’s public database, while tracking compliance and investigating complaints across Delaware’s licensed providers. A combined $2.4 million was pledged to make it happen, in the last two years, and it’s highly anticipated, Gay said.

The “Delaware Early Childhood Care & Education Alliance,” or likely hubs to the north and south, may also land an $8 million infusion to work across area providers and assist the state in expanding child care access, as outlined in the governor’s proposed budget.

A budget hearing on public education should bring more on that, Tuesday, March 3.

Got another education tip? Contact Kelly Powers at kepowers@usatodayco.com.

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Delaware Supreme Court upholds reforms to curb ‘DExit’ concerns

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Delaware Supreme Court upholds reforms to curb ‘DExit’ concerns


This story was produced by Spotlight Delaware as part of a partnership with Delaware Online/The News Journal. For more about Spotlight Delaware, visit www.spotlightdelaware.org.

A Delaware law passed last year in the wake of escalating assaults on the state’s corporate brand shielded powerful company leaders from facing certain lawsuits brought by smaller investors. 

What it didn’t do was violate the Delaware Constitution, the state Supreme Court ruled on Friday, Feb. 27. 

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More than three months after hearing arguments, the justices ruled that the corporate law reform – known as Senate Bill 21 – did not strip Delaware’s prominent Court of Chancery of its constitutional authority to decide when a business deal is fair.

“The General Assembly’s enactment of SB 21 falls within the ‘broad and ample sweep’ of its legislative power,” the justices stated.

The ruling ends a bruising fight in Delaware over when the state’s business court should allow small-time investors to interrogate insider deals struck within companies by founders or other business leaders.

The ruling also averts what could have been an embarrassment for the state’s legal and political establishment had the high court overturned the law. 

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More than a year ago, Tesla CEO Elon Musk — the world’s richest person — was calling on business leaders to move their companies’ legal homes out of Delaware. Musk had launched the campaign, which became known as “DExit,” after a Delaware Chancery Court judge ruled that he could not accept a multibillion-dollar pay package from Tesla.  

Just as the campaign appeared to be gaining a foothold, Gov. Matt Meyer, legislative leaders, and Delaware attorneys who represent corporations threw their collective heft behind SB 21.

They argued then that the legislation amounted to a “course correction” that would bring the state’s business courts back into alignment with rulings from a decade ago. Many also said the bill was needed to pacify executives who were considering following Musk’s calls to move their companies’ legal homes out of Delaware.

In response, a cadre of critics — which included national law professors, pension fund attorneys, and a handful of progressives within the Delaware legislature — derided SB 21 as a “billionaires bill.” 

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Some also argued that the legislation was the latest in a string of recent changes to Delaware corporate law that have shifted the state away from protecting shareholder rights and toward giving greater deference to powerful executives.

Meyer and others SB 21 supporters rejected those characterizations last year. And on Friday, he celebrated the Supreme Court’s ruling.

In a statement, he said the decision affirms that “Delaware is the gold standard locale for global companies to do business.” He also stated that the number of companies that maintain their legal home in Delaware had increased throughout 2025 despite the DExit campaign.

“In short, SB 21 is working, and I’m glad it will continue to be the law,” Meyer said.  

The legal arguments for SB 21

When arguing against SB 21 in front of the Supreme Court last fall, one attorney asserted that the new law removed the Chancery Court’s time-honored and constitutional duty to say what is fair – or equitable – in a business dispute.  

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The attorney, Gregory Varallo, argued that by removing a shareholders’ ability to sue their company, the law reduced what he described as the immutable power of the Court of Chancery to oversee a “complete system of equity.”

During his arguments, Varallo also offered the justices an unusual acknowledgement, stating that he knew that his stance was unpopular — and that he understood “well the pressures on this court.”

The comments were a likely reference to the consensus of big business groups and the state’s political establishment that believed SB 21 was necessary for Delaware to remain the world’s preeminent corporate domicile. 

Following Varallo, Washington, D.C.-based attorney Jonathan C. Bond defended SB 21, in part, by characterizing his opponents arguments as unprecedented. If adopted, he said they would imperil several existing Delaware laws that go back decades. 

He also argued that changing the rules of corporate law – as SB 21 did – “is the same as wiping out jurisdiction merely because it makes some plaintiff’s claims harder.”

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Also arguing in favor of SB 21 during the hearing was William Savitt, an attorney with the  Wachtell, Lipton, Rosen & Katz – among the most prominent corporate law firms in the country.

Last spring, Meyer hired Savitt’s firm to represent the state in the legal defense of SB 21 for a budget rate of $100,000. By comparison, Wachtell Lipton charged Twitter $90 million in 2022 to ferry that company through its arduous, four-month-long acquisition by Elon Musk.

Wachtell’s client list also includes Mark Zuckerberg and other Meta executives and board members, who last summer settled a seven-year-long, multibillion-dollar shareholder lawsuit in the Delaware Chancery Court.

During his arguments on SB 21, Savitt said equity as determined by judges must follow the statutes created by the legislature, and “not displace the law.” 

“No natural reading of the words (of the Delaware Constitution) support plaintiff’s position,” he said. 

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Police identify victim of Wilmington motorcycle crash

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Police identify victim of Wilmington motorcycle crash


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State police identified 29-year-old Brian Silva of New Castle as the victim of a fatal motorcycle crash in Wilmington.

Silva was riding a Harley-Davidson northbound on Dupont Highway approaching Millside Drive in Wilmington around 3:30 p.m. on Feb. 27 when it collided with the rear of a stopped Lexus at that intersection, police said. Silva was ejected from the motorcycle. He was taken to the hospital, where he died.

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Delaware State Police are still investigating this incident, and anyone with information is encouraged to reach out to them or to Delaware Crime Stoppers.



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