Public Utilities (GPU) — Title 5. Powers, Duties, and Prohibitions

the public;

those employed in furnishing services; and

those to whom services are rendered.

enforce the standards adopted under this section; and

by order, as the Commission considers necessary, require changes and additions in the service of any public service company or gas master meter operator, including:

as it considers reasonable and proper, order a common carrier to issue mileage, excursion, school commuter, passenger commuter, or joint interchangeable mile tickets for all or part of the common carrier’s route in the State; and

require any two or more common carriers, whose lines form a continuous line of transportation or whose lines could form a continuous line of transportation by means of switch connection, to:

is subject to § 7-208(f) of the Transportation Article; and

does not limit § 5-101 of this subtitle.

The Commission may require a public service company to continue any service that the public service company renders to the public under any franchise, right, or permit, after any applicable expiration date.

Unless authorized by the Commission, a public service company may not discontinue or abandon a service under a franchise, right, or permit.

The Commission may authorize a public service company to discontinue or abandon a service under a franchise, right, or permit if the Commission finds that the present or future public convenience and necessity allows the discontinuance or abandonment.

Denial of authorization to discontinue or abandon a service under a franchise, right, or permit does not preclude subsequent reapplication.

Whenever the Commission authorizes the abandonment or discontinuance of a franchise, right, or permit, as a whole or in part, that involves any service to or from a suburban community, the Commission:

An abandoned or discontinued right that extends between mid-city and suburban termini shall continue to extend between the mid-city and suburban termini if the abandoned or discontinued right:

revive a lapsed franchise;

validate an invalid franchise;

enlarge or add to the powers and privileges of a franchise; or

waive a forfeiture.

a certified copy of its charter; and

a statement by its president and secretary, signed under oath, that the appropriate local authorities have provided the required consent for the exercise of the franchise.

a telephone company; and

another entity with a greater than 50% ownership in common with the telephone company.

This subsection applies to corporations that operate in Maryland.

Except as provided in paragraph (5) of this subsection, without prior authorization of the Commission, a public service company may not:

Stocks, bonds, securities, notes, or other evidence of indebtedness described under paragraph (2)(ii) of this subsection shall be issued in accordance with §§ 6–102 and 6–103 of this article.

The Commission shall take action on an application for authorization under this section within a reasonable time after receipt.

Prior authorization of the Commission is not required for an assumption or guarantee under paragraph (2)(i) of this subsection or an issuance under paragraph (2)(ii) of this subsection made by a gas company, electric company, or telephone company whose gross annual revenues, for the most recent calendar year for which data are available, are less than 3% of the total gross annual revenues of all public service companies in the State during the same calendar year, if the gas company, electric company, or telephone company:

a municipal corporation, sanitary district, or other unit of government;

an individual, for the construction of a water system or sewage disposal system for the individual’s personal or private use; or

a group of individuals for their joint personal or private use, unless the Commission finds that the joint use is for the purpose of generally serving a proposed new housing development.

The Commission may authorize the construction of a water system or sewage disposal system for public use only on a finding that the construction of the water system or sewage disposal system is in the public interest.

In determining whether the proposed construction of the water system or sewage disposal system is in the public interest, the Commission shall consider:

shall fully disclose to the Commission the financing plans for the construction; and

has the burden of proof to satisfy the Commission that the construction is in the public interest.

After a hearing, the Commission may revoke an authorization to construct a water system or sewage disposal system if the Commission finds that the revocation is in the public interest.

An order of revocation may be appealed in accordance with § 3-204 of this article.

Subject to action of the Commission under § 3-205 of this article, the filing of an appeal does not stay an order of revocation.

After the Commission issues an order of revocation, the water system or sewage disposal system may not be operated until the revocation is repealed by:

Subtitle 4 of this title;

Title 7, Subtitle 1 of this article;

Title 8, Subtitles 1 and 3 of this article; or

Title 9, Subtitle 3 of this article.

shall comply fully with the requirements of this division; and

may not violate any provision of this division.

an annual report for the preceding calendar year; and

special reports, information, contracts, records, and copies as required by the Commission.

a common carrier; or

a telephone company whose rates are not regulated by the Commission under Title 4 of this article.

A public service company shall notify the Commission of any accident involving the public service company that results in:

The public service company shall notify the Commission within 30 days after the day the accident occurs or within a period that the Commission prescribes.

shall be in a form that the Commission prescribes; and

may not be admissible in evidence, or used for any purpose against the public service company that provides the notice, in an action for damages arising out of any matter that is reported in the notice.

focused on cybersecurity resource protection; and

based on the premise that trust is never granted implicitly but must be continually evaluated.

a common carrier; or

a telephone company.

adopt and implement cybersecurity standards that are equal to or exceed standards adopted by the Commission;

adopt a zero–trust cybersecurity approach for on–premises services and cloud–based services;

establish minimum security standards for each operational technology and information technology device based on the level of security risk for each device, including security risks associated with supply chains; and

Each public service company shall report, in accordance with the process established under paragraph (2) of this subsection, a cybersecurity incident, including an attack on a system being used by the public service company, to the State Security Operations Center in the Department of Information Technology.

The State Chief Information Security Officer, in consultation with the Commission, shall establish a process for a public service company to report cybersecurity incidents under paragraph (1) of this subsection, including establishing:

The State Security Operations Center shall immediately notify appropriate State and local agencies of a cybersecurity incident reported under this subsection.

Except as provided in paragraph (2) of this subsection, a corporation may not condemn rights-of-way or easements under subsection (b) of this section unless the corporation:

Paragraph (1) of this subsection does not affect the right of a corporation that was transmitting natural gas, artificial gas, or a mixture of natural and artificial gases for public use through one or more pipelines in the State on or before June 1, 1931, to condemn for public use necessary rights-of-way or easements for:

In this section the following words have the meanings indicated.

“Oil pipeline corporation” means a corporation of this State, any other state, or the United States, that is:

operate those existing oil pipelines and appurtenances; or

construct and operate additional oil pipelines and appurtenances along, on, adjacent to, or incidentally deviating not more than 50 feet from the routes followed by the corporation’s existing rights–of–way.

An oil pipeline corporation shall restore to its original condition any property used for construction or maintenance of a pipeline.

The right to acquire property under this section may not be exercised unless the oil pipeline corporation, whether or not it is otherwise subject to the jurisdiction of the Commission, first obtains an order from the Commission finding the acquisition to be in the public interest.

Before the Commission makes a finding and issues an order under this subsection, the Commission shall hold a public hearing.

The oil pipeline corporation shall give written notice of the public hearing to all affected property owners.

the company cannot agree with the owner of the property; or

an owner:

A railroad company may change the location or grade of any portion of its road if the company finds the change is necessary for any reasonable cause, including to avoid:

A change of location or grade under this section shall follow the general route of the existing road.

A railroad company may enter on and take land and make surveys necessary to make the change in location or grade in accordance with Title 12 of the Real Property Article.

A railroad company is liable to the owner of the land on which the road was constructed for any damages caused by a change in location or grade of the road.

The amount of damages determined shall be paid to the owner or deposited into court.

An owner shall claim damages within:

A railroad company that lays track on any public street, road, alley, or other public way or ground is responsible for any damage done by the location of the track to private property on or near the public way or ground.

The owner of the private property shall bring a civil action for damages under this subsection within 2 years after the completion of the track.

a telegraph company that has its principal office in the State;

a telephone company that has its principal office in the State;

a corporation formed as a Class 13 corporation under Article 23, § 28 of the Code of 1904; and

a telephone company that owns lines and provides local exchange or interexchange service in the State with the approval of the Commission.

construct and lay lines underground or above ground on any route for which it is authorized to construct lines as a whole or in part; and

except as provided in subsection (d) of this section, acquire by condemnation, in accordance with Title 12 of the Real Property Article, any property or right that the company considers necessary for its purposes.

Before using either the surface of or the ground beneath the streets or highways of Baltimore City, the company shall obtain the consent of the Mayor and City Council.

This subsection does not apply to corporations that were in practical operation on June 1, 1910, and that had laid or constructed lines, pipes, mains, or other structures in Baltimore City, unless the corporations use new and additional streets and highways in Baltimore City for their lines, pipes, mains, or other structures.

is a minor, is adjudged to be mentally incompetent, or is under any other legal disability to contract; or

when the company needs the land or water rights, is absent from the county or city in which the property is located.

In this section the following words have the meanings indicated.

“Account holder” means the individual in whose name a utility account is established.

“Utility” means an electric company, an electricity supplier, a gas company, a gas supplier, a sewage disposal company, a water company, or any combination of these companies.

temporarily keep the account open for a period of not less than 6 months and, during that time, treat the surviving spouse as a joint holder of the account; or

transfer the account to the surviving spouse.

in accordance with any other applicable law, impose a fee or penalty or terminate an account for nonpayment; or

at the request of the surviving spouse, close the account.

In this section the following words have the meanings indicated.

“Abuse” has the meaning stated in § 4–501(b) of the Family Law Article.

“Account holder” means an individual in whose name a utility account is maintained individually or jointly with other individuals.

“Offender” means an individual who commits an act of abuse.

“Qualified third party” means:

“Report by a qualified third party” means a report based on information received by a qualified third party while acting in a professional capacity that:

“Utility” means an electric company, an electricity supplier, a gas company, a gas supplier, a sewage disposal company, a water company, or any combination of these companies.

Subject to subsections (c) and (d) of this section, if an account holder is a victim of abuse, the account holder may terminate, and the utility shall allow for the termination of, the account holder’s future liability under a utility contract if the account holder provides the utility with written notice by first–class mail or hand delivery of the account holder’s request for termination of the account holder’s future liability under the contract.

The notice required under paragraph (1) of this subsection shall include: