§ 7–234
Statutes in effect as of October 1, 2026.
Md. Code Ann., Pub. Util. § 7-234 (2026)
Title 7. Gas, Electric, and Water Companies
Subtitle 2. Electric Generation Facility Planning
§ 7–234LinkCopy Citation
(a)
(1)
On or before December 15, 2027, the Commission shall develop a voluntary clean capacity rating program that establishes clean capacity ratings for large load customers that elect to participate in the program, including platinum and gold rating designations.
(2)
The rating system shall:
(i)
account for a large load customer’s voluntary adoption of demand response and incremental resources; and
(ii)
evaluate the extent to which the large load customer provides adequate incremental resources to meet a percentage of its peak load as assigned by PJM and grossed up by the appropriate reserve margin.
(b)
(1)
A large load customer may be eligible for a gold or platinum rating under this section only if the large load customer:
(i)
ensures that workers constructing the large load customer’s facility are paid not less than the prevailing wage rate determined by the Commissioner of Labor and Industry under Title 17, Subtitle 2 of the State Finance and Procurement Article; and
(ii)
enters into a memorandum of understanding with the Commission that:
(1)
confirms the large load customer’s commitment to provide and maintain the capacity referenced in subsections (c) and (d) of this section for the life of the facility; and
(2)
provides that the large load customer consents to the Commission’s jurisdiction for enforcement of penalty provisions established under paragraph (2) of this subsection.
(2)
(i)
The Commission shall establish penalties for a large load customer that violates a memorandum of understanding entered into under paragraph (1)(ii) of this subsection.
(ii)
The penalties shall account for both the benefits received by the large load customer and the harm done to the State and ratepayers by the violation.
(iii)
Consent under paragraph (1)(ii)2 of this subsection to the enforcement of penalties established in this paragraph shall continue until the Commission provides written notice to the large load customer that relieves the customer from the obligation.
(c)
A large load customer may receive a gold rating only if the customer demonstrates that it has adequate incremental resources sufficient to cover the customer’s capacity for at least 80% of the customer’s peak load as assigned by PJM and added together with the appropriate reserve margin through a combination of incremental resources.
(d)
A large load customer may receive a platinum rating only if the customer demonstrates that it has adequate incremental resources sufficient to cover the customer’s capacity for 100% of the customer’s peak load as assigned by PJM and added together with the appropriate reserve margin through a combination of incremental resources.
(e)
Benefits of receiving a gold or platinum rating include:
(1)
for a large load customer that has received a gold rating, prioritization for load studies and interconnection over large load customers that do not have a gold or platinum rating; and
(2)
for a large load customer that has received a platinum rating:
(i)
prioritization for load studies and interconnection over other large load customers that do not have a platinum rating;
(ii)
a guarantee that permit applications submitted to the Department of the Environment shall be processed within 12 months after submission, pending compliance with applicable State and federal laws, including existing environmental justice requirements; and
(iii)
the opportunity to procure and provide, before permits are issued, equipment for any substation needed to interconnect the large load customer to the electric system.
(f)
A large load customer that does not have a gold or platinum rating is not entitled to the benefits listed in subsection (e) of this section.
(g)
(1)
If a large load customer with a platinum rating elects to procure and provide equipment for a substation in accordance with subsection (e)(2)(iii) of this section, the large load customer:
(i)
shall provide all the necessary equipment for constructing the substation infrastructure;
(ii)
may procure the equipment before the electric company in whose service territory the large load customer is or will be located has issued final permitting approvals; and
(iii)
may enter into an agreement with the electric company that details what equipment the electric company may purchase for the construction of the substation, but the entirety of the equipment shall be funded or provided by the large load customer.
(2)
Any equipment procured by the large load customer for the construction of a substation under this subsection shall meet the necessary interconnection requirements of the electric company in whose service territory the substation will be located.
(3)
Costs incurred as a result of constructing a substation under this subsection may not be passed on to other customers, either through an electric company’s rates or otherwise, and shall be fully borne by the large load customer.
(4)
Each electric company shall develop processes and tariffs for review and approval by the Commission to allow for the large load customer to procure and provide equipment under this subsection.
(5)
Nothing in this subsection shall relieve a large load customer that does not have a voluntary clean capacity rating from any requirement to pay the cost of constructing a substation completed through the standard permitting and interconnection processes.
(h)
(1)
Subject to Commission approval, each electric company shall establish an interconnection process for large load customers that participate in the voluntary clean capacity rating program.
(2)
The interconnection process established under this section may not unduly impact the time frame or ability of customers that are not large load customers to interconnect with the electric system.
(3)
The interconnection process shall include:
(i)
a standard timeline for large load customers that participate in the voluntary clean capacity rating program but do not have a gold or platinum rating; and
(ii)
a prioritization process for large load customers with a gold or platinum rating.
(i)
Before entering into a contract for electric service, a large load customer that participates in the voluntary clean capacity rating program shall submit a request for a load study under § 4–212 of this article to determine the necessary contract capacity for the large load customer.