<subtitle num="06" heading="Cybersecurity"> <chapter num="01" heading="General"> <regulation prefix="Regulation" num=".01" heading="Scope."> <paragraph num="A."> <text>This chapter applies to all public service companies subject to cybersecurity requirements in Public Utilities Article, §5-306, Annotated Code of Maryland.</text> </paragraph> <paragraph num="B."> <text>This chapter also broadly applies to all cybersecurity devices necessary for the adequate, economical, and efficient delivery of public service company services in Maryland.</text> </paragraph> <paragraph num="C."> <text>Applicable Standards. Unless otherwise specified by the Commission, the public service company shall use the applicable provisions in the latest revised version of the National Institute of Standards Special Publication 800-207, Zero Trust Architecture, August 2020 publication.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this subtitle, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Chief information security officer (CISO)” means a senior-level executive who oversees an organization's information, cyber, and technology security. The CISO's responsibilities include developing, implementing, and enforcing security policies to protect critical data.</text> </paragraph> <paragraph num="(2)"> <text>“Commission” means the Public Service Commission of Maryland.</text> </paragraph> <paragraph num="(3)"> <text>“Compliance order” means a document issued by the Commission's Office of Cybersecurity to a public service company directing compliance.</text> </paragraph> <paragraph num="(4)"> <text>“Consent order” means a document executed jointly by the Commission's Office of Cybersecurity and a public service company for the disposition of a case.</text> </paragraph> <paragraph num="(5)"> <text>“Cybersecurity” means processes or capabilities wherein systems, communications, and information are protected and defended against damage, unauthorized use or modification, and exploitation.</text> </paragraph> <paragraph num="(6)"> <text>“Cybersecurity device” means any combination of hardware, software, and related services, including informational technology systems, operational technology systems, and smart grid systems used for delivery of electricity, gas, or water, or systems that store customer information.</text> </paragraph> <paragraph num="(7)"> <text>“Cybersecurity Director” means the Director of the Commission's Office of Cybersecurity.</text> </paragraph> <paragraph num="(8)"> <text>“Cybersecurity framework” means a common mechanism for organizations to:</text> <paragraph num="(a)"> <text>Describe their current cybersecurity posture;</text> </paragraph> <paragraph num="(b)"> <text>Describe their target state for cybersecurity;</text> </paragraph> <paragraph num="(c)"> <text>Identify and prioritize opportunities for improvement within the context of a continuous and repeatable process;</text> </paragraph> <paragraph num="(d)"> <text>Assess progress toward the target state; and</text> </paragraph> <paragraph num="(e)"> <text>Communicate among internal and external stakeholders about cybersecurity risk.</text> </paragraph> </paragraph> <paragraph num="(9)"> <text>“Cybersecurity incident” means a malicious act or suspicious event that compromises, or was an attempt to compromise, a public service company’s cybersecurity device.</text> </paragraph> <paragraph num="(10)"> <text>“Cybersecurity maturity” is a quantitative and qualitative assessment of an organization's cybersecurity posture using a cybersecurity framework.</text> </paragraph> <paragraph num="(11)"> <text>“Cybersecurity standard” means a mandatory federal or state cybersecurity requirement to protect the cybersecurity devices of an organization.</text> </paragraph> <paragraph num="(12)"> <text>“Good cybersecurity practice” means cybersecurity plans that are designed, implemented, maintained, and operated in accordance with applicable industry cybersecurity standards and with the Cybersecurity and Infrastructure Security Agency’s Cross-Sector Cybersecurity Performance Goals (CPG), or a more stringent standard that is based on the National Institute of Standards and Technology (NIST) security frameworks.</text> </paragraph> <paragraph num="(13)"> <text>“Information technology system” means hardware and software related to electronic processing, and storage, retrieval, transmittal, and manipulation of data.</text> </paragraph> <paragraph num="(14)"> <text>“NOPV” means a notice of probable violation issued upon finding good cause to believe a violation of this subtitle or cybersecurity requirements in Public Utilities Article, §5-306, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(15)"> <text>“Office of Cybersecurity” means the organization in the Commission responsible for implementing oversight of cybersecurity requirements in Public Utilities Article, §§2-108 and 5-306, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(16)"> <text>“Operations technology system” means a system or network that monitors or controls electric, gas, or water system infrastructure used for utility operations.</text> </paragraph> <paragraph num="(17)"> <text>“Public service company” has the meaning stated in Public Utilities Article, §1-101, Annotated Code of Maryland, including investor-owned electric companies, electric cooperatives, municipal electric companies, gas companies, and water companies, but excluding public service companies that are a common carrier or a telephone company per Public Utilities Article, §5-306(b), Annotated Code of Maryland.</text> </paragraph> <paragraph num="(18)"> <text>“Smart grid system” means a system or network that enables a utility to gather and store personally identifiable customer information from customer devices or allows for the control of customer devices.</text> </paragraph> <paragraph num="(19)"> <text>“Zero trust” means a cybersecurity approach that is focused on cybersecurity resource protection, is based on the premise that trust is never granted implicitly but shall be continually evaluated, and is aligned with the tenets of the latest revised version of the National Institute of Standards Special Publication 800-207.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Good Cybersecurity Practice."> <paragraph num="A."> <text>All public service companies shall follow good cybersecurity practice.</text> </paragraph> <paragraph num="B."> <text>At a minimum, public service company cybersecurity plans shall address cybersecurity-related governance, risk management, procurement practices, personnel hiring, training policies, situational awareness, response, recovery, zero trust implementation, and transparent reporting of cybersecurity incidents to State and federal entities.</text> </paragraph> <paragraph num="C."> <text>At a minimum, all public service companies shall comply with all cybersecurity standards applicable to their cybersecurity devices and align their cybersecurity practices with Cybersecurity and Infrastructure Security Agency’s Cross-Sector Cybersecurity Performance Goals (CPG) or a more stringent standard that is based on the National Institute of Standards and Technology (NIST) security frameworks.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Cybersecurity Periodic Briefings."> <paragraph num="A."> <text>All public service companies that have 15,000 or more combined gas, electric, and water customers in Maryland shall provide periodic confidential cybersecurity briefings describing the company’s adherence to good cybersecurity practice, including the company’s cybersecurity maturity level trends, cybersecurity performance metric trends, or any other cybersecurity-related topics of current interest to the Commission and such additional representatives as the Commission designates.</text> </paragraph> <paragraph num="B."> <text>Periodic confidential cybersecurity briefings shall be held at a minimum of every 3 years, or as otherwise directed by the Commission.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Cybersecurity Incident Reporting."> <paragraph num="A."> <text>All public service companies shall report cybersecurity incidents no later than 24 hours to the State Security Operations Center according to the method specified by the Maryland Department of Information Technology. Public service companies shall include in such reports the following information:</text> <paragraph num="(1)"> <text>Contact information;</text> </paragraph> <paragraph num="(2)"> <text>Type and size of the organization;</text> </paragraph> <paragraph num="(3)"> <text>Start and end time of the incident;</text> </paragraph> <paragraph num="(4)"> <text>Generalized narrative of the incident;</text> </paragraph> <paragraph num="(5)"> <text>Degree or scope of impact from the incident on delivery of utility operation or service;</text> </paragraph> <paragraph num="(6)"> <text>Type and amount of involved utility customer information that was or may have been impacted pursuant to Commercial Law Article, §14-3501 et seq., Annotated Code of Maryland; and</text> </paragraph> <paragraph num="(7)"> <text>A follow up report, typically within 30 days, if further impact or exposure is discovered requiring revision of previous reported scope and impact.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The State Security Operations Center shall notify appropriate entities of a cybersecurity incident reported, as required by Public Utilities Article, §5-306(d)(3), Annotated Code of Maryland, including the Commission. The Commission’s Office of Cybersecurity shall notify such additional representatives as the Commission designates.</text> </paragraph> <paragraph num="C."> <text>Depending on the circumstances of the cybersecurity incident, the public service company may be requested to provide additional cybersecurity incident related information to either the Department of Information Technology or the Office of Cybersecurity, which may not be unreasonably denied unless this information is superseded by applicable federal cybersecurity standards and regulations that prohibit such disclosures.</text> </paragraph> <paragraph num="D."> <text>The details of a public service company incident report may not be divulged except as directed by the Commission, or a court, as authorized by law, or as required by Public Utilities Article, §5-306(d)(3), Annotated Code of Maryland. The Office of Cybersecurity shall promptly notify a public service company upon the discovery of any unauthorized access, compromise, loss, or exfiltration of the public service company’s cybersecurity incident information.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Zero Trust Implementation."> <paragraph num="A."> <text>Public service companies shall implement a zero trust cybersecurity approach that is focused on cybersecurity resource protection and adopts and implements cybersecurity standards that meet or exceed regulations in this chapter.</text> </paragraph> <paragraph num="B."> <text>A public service company shall adopt a zero trust cybersecurity approach for on-premises services and cloud-based services.</text> </paragraph> <paragraph num="C."> <text>Levels of cybersecurity device risk and supply chain risk shall be defined by each public service company, consistent with industry standard practices, unless superseded by applicable federal or State cybersecurity standards.</text> </paragraph> <paragraph num="D."> <text>The process by which cybersecurity device risk and supply chain risk is determined shall be documented and subject to inspection by the Office of Cybersecurity unless such processes are superseded by applicable federal cybersecurity standards and regulations that prohibit such disclosures.</text> </paragraph> <paragraph num="E."> <text>A public service company shall establish minimum security standards for each cybersecurity device or grouping of cyber security devices, including security risks with supply chains based on the level of security risk each device or group of devices presents to the public service company’s ability to deliver utility services or protect customer information necessary for the adequate, economical, and efficient delivery of public service company services in Maryland.</text> </paragraph> <paragraph num="F."> <text>Public service companies shall provide evidence that they already or, where technically feasible, are planning to implement zero trust approaches in their Information Technology (IT) and Operational Technology (OT) devices and provide timelines or industry roadmaps for implementing zero trust approaches. Evidence of planning shall consist of the following:</text> <paragraph num="(1)"> <text>A documented good faith analysis to determine where public service companies can expand implementation of zero trust approaches;</text> </paragraph> <paragraph num="(2)"> <text>An overview of a specific utility’s approaches to zero trust;</text> </paragraph> <paragraph num="(3)"> <text>The incorporation of zero trust approaches as a criterion in IT and OT asset design and procurement policy as supported by industry;</text> </paragraph> <paragraph num="(4)"> <text>The existence of auditable asset investments demonstrably compliant with zero trust approaches; and</text> </paragraph> <paragraph num="(5)"> <text>Documented company plans with zero trust approach implementation timelines and dedicated resources.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Periodic Assessments of Cybersecurity Devices and Supply Chain Risk."> <paragraph num="A."> <text>On or before July 1, 2024, and on or before July 1 every other year thereafter, public service companies shall engage a third party to conduct an assessment of cybersecurity devices and supply chain risk based on either of the following cybersecurity frameworks:</text> <paragraph num="(1)"> <text>The Cybersecurity and Infrastructure Security Agency’s Cross-Sector Cybersecurity Performance Goals (CPG); or</text> </paragraph> <paragraph num="(2)"> <text>A more stringent standard that is based on the National Institute of Standards and Technology (NIST) security frameworks.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The third party conducting the assessment of cybersecurity devices and supply chain risk shall be any non-affiliated entity that is qualified to perform an assessment based on applicable certifications, expertise, or past experience to conduct NIST and CPG cybersecurity framework-based assessments.</text> </paragraph> <paragraph num="C."> <text>Multiple third-party assessments of cybersecurity devices and supply chain risk using applicable cybersecurity frameworks shall be used, if necessary, to cover all cybersecurity devices and supply chain risk under the scope of this chapter.</text> </paragraph> <paragraph num="D."> <text>All cybersecurity assessments shall be anytime within a 2-year assessment cycle, with the first assessment cycle ending July 1, 2024, and subsequent assessment cycles ending on or before July 1 every other year thereafter.</text> </paragraph> <paragraph num="E."> <text>A public service company shall confidentially e-file to the Commission, or alternatively submit to the Office of Cybersecurity, an attestation letter by the public service company CISO, or equivalent, on or before July 1, 2024, and on or before July 1 every other year thereafter. This attestation letter shall include the following information:</text> <paragraph num="(1)"> <text>The name of the public service company;</text> </paragraph> <paragraph num="(2)"> <text>The date of the public service company’s most recent cybersecurity assessments;</text> </paragraph> <paragraph num="(3)"> <text>The cybersecurity framework used in each cybersecurity assessment of the public service company;</text> </paragraph> <paragraph num="(4)"> <text>The name of the third-party entity that completed each cybersecurity assessment and their qualifications to conduct NIST or CPG cybersecurity framework-based assessments;</text> </paragraph> <paragraph num="(5)"> <text>A certification of the public service company’s compliance with the standards for the cybersecurity frameworks used in these cybersecurity assessments; and</text> </paragraph> <paragraph num="(6)"> <text>If applicable, an attestation that a North American Electric Reliability Corporation Critical Infrastructure Protection (NERC CIP) audit has been performed and the dates the last assessment was performed, or an inspection by the Transportation Security Administration (TSA) pursuant to TSA’s Gas Pipeline Security Directives, or TSA regulations that supersede the security directives.</text> </paragraph> </paragraph> <paragraph num="F."> <text>A public service company may develop a consolidated assessment of all third-party assessments in a cybersecurity assessment report. At a minimum, a third-party or consolidated public service company cybersecurity assessment report shall include:</text> <paragraph num="(1)"> <text>An executive summary that includes a general overview of cybersecurity technology and policies used by the public service company;</text> </paragraph> <paragraph num="(2)"> <text>A description of how the cybersecurity frameworks used in each third-party assessment is based on NIST or CPG;</text> </paragraph> <paragraph num="(3)"> <text>A description of the scope of the cybersecurity devices and supply chain risk assessed and the applicable cybersecurity framework used for each third-party assessment;</text> </paragraph> <paragraph num="(4)"> <text>The completion date of each third-party assessment;</text> </paragraph> <paragraph num="(5)"> <text>A description of the cybersecurity standards to which the public service company shall comply for the cybersecurity devices and supply chain risk included in the assessment;</text> </paragraph> <paragraph num="(6)"> <text>The assessment results for each third-party assessment, including a description of cybersecurity maturity and trends of cybersecurity maturity since the previous assessment, if applicable; and</text> </paragraph> <paragraph num="(7)"> <text>Conclusions and recommendations from each third-party assessor for corrective actions.</text> </paragraph> </paragraph> <paragraph num="G."> <text>A public service company shall arrange an in-person meeting with the Office of Cybersecurity at Commission offices or at another mutually agreeable location to review all individual third-party cybersecurity assessments or alternatively a public service company’s consolidated cybersecurity assessment report, within 90 days of the date of the certification of a public service company’s compliance attestation letter.</text> </paragraph> <paragraph num="H."> <text>A public service company shall maintain all consolidated cybersecurity assessment reports and all third-party assessments of cybersecurity devices under the scope of this regulation a minimum of two, 2-year assessment cycles, except for applicable North American Electric Reliability Corporation Critical Infrastructure Protection (NERC CIP) audits, or an inspection by the Transportation Security Administration (TSA) pursuant to TSA’s Gas Pipeline Security Directives, or TSA regulations that supersede the security directives which are performed on a 3-year cycle. These assessment reports shall be made available at Commission offices or at another mutually agreeable location for inspection by the Office of Cybersecurity, upon request.</text> </paragraph> <paragraph num="I."> <text>The details of a public service company’s cybersecurity assessments may not be divulged except as directed by the Commission, or a court, as authorized by law. The Office of Cybersecurity shall promptly notify a public service company upon the discovery of any unauthorized access, compromise, loss, or exfiltration of the public service company’s periodic assessment information.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Public Service Company Cybersecurity Contacts."> <paragraph num="A."> <text>All public service companies shall provide a primary cybersecurity contact and alternate cybersecurity contact information to the Office of Cybersecurity that includes each contact’s name, company, position title, mail address, email address, cellular phone number, and office phone number. The Office of Cybersecurity shall share this information with the State Security Operations Center in the Department of Information Technology.</text> </paragraph> <paragraph num="B."> <text>A public service company’s primary cybersecurity contact shall either be the public service company’s CISO, or equivalent, or directly report to the public service company CISO, or equivalent.</text> </paragraph> <paragraph num="C."> <text>A public service company alternate cybersecurity contact shall either directly report to a public service company CISO, or equivalent, or directly report to the public service company primary cybersecurity contact.</text> </paragraph> <paragraph num="D."> <text>All public service companies shall provide an organization chart, or equivalent narrative description, that describes the organizational reporting relationships of the primary cybersecurity contact and alternate cybersecurity contact to the CISO.</text> </paragraph> <paragraph num="E."> <text>The Cybersecurity Director shall be notified of all changes to primary contact and alternate contact information, including the reporting relationship of the primary cybersecurity contact and alternate cybersecurity contact to the CISO, within 30 days of changes.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".09" heading="Specific Information Request."> <paragraph num="A."> <text>The Office of Cybersecurity may send a public service company a specific information request for information related to cybersecurity incidents, standards, practices, procedures, or other information reasonably related to cybersecurity unless such processes are superseded by applicable federal cybersecurity standards and regulations that prohibit such disclosures.</text> </paragraph> <paragraph num="B."> <text>A public service company shall respond within 10 working days after receipt of a specific information request from the Office of Cybersecurity relating to a cybersecurity incident under Regulation .05 of this chapter.</text> </paragraph> <paragraph num="C."> <text>Except as provided under §B of this regulation, a public service company shall respond within 30 days after receipt of a specific information request from the Office of Cybersecurity.</text> </paragraph> <paragraph num="D."> <text>The Office of Cybersecurity may waive the requirements of §B or C of this regulation upon written request from a public service company demonstrating sufficient cause.</text> </paragraph> <paragraph num="E."> <text>The details of a public service company cybersecurity specific information request may not be divulged except as directed by the Commission, or a court, as authorized by law. The Office of Cybersecurity shall promptly notify a public service company upon the discovery of any unauthorized access, compromise, loss, or exfiltration of the public service company’s special information request information.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Public Utilities Article, §§2-112, 2-113, 2-121, 3-101, 3-104, and 3-113, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: July 25, 2022 (49:15 Md. R. 739)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended effective December 12, 2024 (51:24 1081)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02 amended effective December 12, 2024 (51:24 1081)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 amended effective December 12, 2024 (51:24 1081)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04 amended effective December 12, 2024 (51:24 1081)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05 amended effective December 12, 2024 (51:24 1081)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06 adopted effective December 12, 2024 (51:24 1081)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07 adopted effective December 12, 2024 (51:24 1081)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08 adopted effective December 12, 2024 (51:24 1081)</annotation> <annotation type="History" subtype="Administrative History">Regulation .09 adopted effective December 12, 2024 (51:24 1081)</annotation> </annotations> </chapter> <chapter num="02" heading="Compliance"> <regulation prefix="Regulation" num=".01" heading="Enforcement."> <paragraph num="A."> <text>General.</text> <paragraph num="(1)"> <text>The Office of Cybersecurity may issue a NOPV upon finding good cause to believe a violation of this subtitle or cybersecurity requirements in Public Utilities Article, §5-306, Annotated Code of Maryland, has occurred.</text> </paragraph> <paragraph num="(2)"> <text>The NOPV may contain a proposed compliance order.</text> </paragraph> <paragraph num="(3)"> <text>A public service company shall respond in writing within 30 days after receipt of a NOPV.</text> </paragraph> <paragraph num="(4)"> <text>The Office of Cybersecurity may waive the requirements of §A(3) of this regulation upon written request from a public service company demonstrating good cause.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Contents of Notice of Probable Violation. A NOPV shall include:</text> <paragraph num="(1)"> <text>A statement of the statute or regulation allegedly violated by a public service company;</text> </paragraph> <paragraph num="(2)"> <text>A description of the evidence indicating a possible violation;</text> </paragraph> <paragraph num="(3)"> <text>Notice of response options available to the public service company;</text> </paragraph> <paragraph num="(4)"> <text>If appropriate, the amount of the proposed civil penalty and the maximum civil penalty applicable under law; and</text> </paragraph> <paragraph num="(5)"> <text>If appropriate, a statement of the remedial action being sought in a compliance order.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Response Options. A public service company shall respond to the NOPV as follows:</text> <paragraph num="(1)"> <text>If a NOPV contains a proposed compliance order, a public service company may:</text> <paragraph num="(a)"> <text>Agree to the proposed compliance order;</text> </paragraph> <paragraph num="(b)"> <text>Request the execution of a consent order;</text> </paragraph> <paragraph num="(c)"> <text>Object to the proposed compliance order and submit written explanations, information, or other materials in answer to the allegations in the notice; or</text> </paragraph> <paragraph num="(d)"> <text>Request a hearing under Public Utilities Article, §3-102, Annotated Code of Maryland; and</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>If the NOPV contains a proposed civil penalty, a public service company may:</text> <paragraph num="(a)"> <text>Agree to pay the penalty;</text> </paragraph> <paragraph num="(b)"> <text>Submit an offer in compromise of the proposed civil penalty;</text> </paragraph> <paragraph num="(c)"> <text>Object to the proposed civil penalty and submit a written explanation, information, or other material to mitigate the proposed civil penalty; or</text> </paragraph> <paragraph num="(d)"> <text>Request a hearing under Public Utilities Article, §3-102, Annotated Code of Maryland.</text> </paragraph> </paragraph> </paragraph> <paragraph num="D."> <text>If a public service company objects to the proposed compliance order or civil penalty and submits a written explanation, information, or other materials in response to a NOPV, the Cybersecurity Director shall review the submissions and determine whether to negotiate further, modify, or withdraw the NOPV, or file a complaint under Public Utilities Article, §3-102, Annotated Code of Maryland.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Consent Order."> <paragraph num="A."> <text>Before the issuance of a compliance order, the Office of Cybersecurity may execute a consent order jointly with a public service company.</text> </paragraph> <paragraph num="B."> <text>A proposed consent order shall contain the following:</text> <paragraph num="(1)"> <text>An admission by a public service company of all jurisdictional facts; and</text> </paragraph> <paragraph num="(2)"> <text>A description of any action required by a public service company and the time by which the actions shall be accomplished.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Civil Penalties."> <paragraph num="A."> <text>Procedure. Following an investigation and a determination by the Office of Cybersecurity, if there exists good cause to believe that a public service company violated Public Utilities Article, §5-306, Annotated Code of Maryland, or regulations in this subtitle, the Office of Cybersecurity may assess or negotiate a civil penalty under Public Utilities Article, §13-201, Annotated Code of Maryland, for violations and under Public Utilities Article, §13-205, Annotated Code of Maryland, for failures to submit reports and information with the prescribed form, contents, and deadlines.</text> </paragraph> <paragraph num="B."> <text>Penalty Considerations. In proposing a civil penalty for violations of Public Utilities Article, §5-306, Annotated Code of Maryland, or regulations in this subtitle, the Office of Cybersecurity shall consider the criteria stated in Public Utilities Article, §13-201, Annotated Code of Maryland.</text> </paragraph> <paragraph num="C."> <text>Filing with the Commission. Any proposed civil penalty shall be subject to approval, modification, or further hearing in accordance with Regulation .04 of this chapter.</text> </paragraph> <paragraph num="D."> <text>Payment Procedures. A public service company shall pay a civil penalty by submitting to the Commission a certified check or money order in the correct amount, payable to the Maryland Public Service Commission.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Filing with the Commission."> <paragraph num="A."> <text>Proposed Consent Orders and Civil Penalties.</text> <paragraph num="(1)"> <text>All proposed consent orders and proposed civil penalties that have been agreed to by a public service company and the Office of Cybersecurity shall be maintained as confidential and filed with the Commission for final determination.</text> </paragraph> <paragraph num="(2)"> <text>A notice and a copy of the confidential consent orders and proposed civil penalties shall be received by the following entities:</text> <paragraph num="(a)"> <text>The Office of Cybersecurity;</text> </paragraph> <paragraph num="(b)"> <text>The public service company that is subject to the order;</text> </paragraph> <paragraph num="(c)"> <text>The Commission;</text> </paragraph> <paragraph num="(d)"> <text>Office of People’s Counsel; and</text> </paragraph> <paragraph num="(e)"> <text>Any additional entities as determined by the Commission.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>On a case-by-case basis, the Commission may, on its own or by request of an entity identified in §A(2) of this regulation, determine if and when any portion of the proposed consent order or proposed civil penalty order can be filed publicly. A request made by an entity identified in §A(2) of this regulation shall be made in a manner specified by the Commission. Prior to ordering any public filing under this section, the Commission shall provide reasonable notice to the public service company that is subject to the order and allow that public service company a reasonable opportunity to provide confidential comments on the potential security risks posed by publicly releasing details of an order.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The Commission shall approve, modify, or initiate a hearing on all proposed civil penalties and consent orders.</text> </paragraph> <paragraph num="C."> <text>If the Commission modifies a proposed consent order or a proposed civil penalty, the public service company may:</text> <paragraph num="(1)"> <text>Agree to the modified consent order or civil penalty; or</text> </paragraph> <paragraph num="(2)"> <text>Request a hearing.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Stays of Enforcement."> <paragraph num="A."> <text>A public service company may petition the Office of Cybersecurity for a stay of enforcement for good cause.</text> </paragraph> <paragraph num="B."> <text>The Office of Cybersecurity may issue a stay of enforcement for a regulation in this subtitle for good cause shown.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Confidentiality."> <paragraph num="A."> <text>All cybersecurity compliance information in this subtitle may not be divulged outside of the Commission except as directed by the Commission, or a court, or as authorized by law.</text> </paragraph> <paragraph num="B."> <text>The Office of Cybersecurity shall share cybersecurity compliance information collected in this chapter upon request with additional representatives as the Commission designates. These representatives shall be subject to the confidentiality requirements in §A of this regulation.</text> </paragraph> <paragraph num="C."> <text>The Office of Cybersecurity shall promptly notify a public service company upon the discovery of any unauthorized access, compromise, loss, or exfiltration of the public service company’s compliance information.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Public Utilities Article, §§2-108, 2-112, 2-113, 2-121, 2-302, 2-309, 3-101, 3-102, 3-104, 3-113, 3-205, 5-306, 6-205, and 13-201, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: December 12, 2024 (51:24 1081)</annotation> </annotations> </chapter> </subtitle> <subtitle num="07" heading="Practice and Procedure"> <chapter num="01" heading="General"> <regulation prefix="Regulation" num=".01" heading="Principal Office."> <text>The principal office of the Commission shall be at the William Donald Schaefer Tower, 6 St. Paul Street, Baltimore, Maryland 21202.</text> </regulation> <regulation prefix="Regulation" num=".01-1" heading="Waivers of Regulations."> <text>A regulation in this subtitle may be waived by the Commission for good cause shown.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Sessions of the Commission."> <paragraph num="A."> <text>Stated sessions of the Commission shall be held at its office on Wednesday of each week, between the hours of 10 a.m. and 1 p.m. At stated sessions, the Commission will transact routine business and will sit for the consideration of all matters which may properly be brought before it.</text> </paragraph> <paragraph num="B."> <text>Special sessions of the Commission for all authorized purposes may be held at such times and places as the Commission may direct.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Quorum and Conduct of Proceedings."> <paragraph num="A."> <text>Quorum of Commission. A majority of the Commission shall constitute a quorum for the purpose of administering generally the provisions of the Public Utilities Article, Annotated Code of Maryland.</text> </paragraph> <paragraph num="B."> <text>Formation of Panels.</text> <paragraph num="(1)"> <text>Subject to the reserved right of the Commission to determine which proceedings shall be conducted en banc, the Chairman shall determine the composition of panels, assign cases to them, designate the presiding officer, and also determine the cases to be referred to the Hearing Examiner Division.</text> </paragraph> <paragraph num="(2)"> <text>Panels shall consist of three commissioners or two commissioners and a hearing examiner.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Quorum for Panels. A majority of the three-member panel shall constitute a quorum for both conducting the proceeding and for the passage of a final order.</text> </paragraph> <paragraph num="D."> <text>Absence of Chairman. The Chairman shall designate a member of the Commission to act in his absence to discharge his duties under this regulation for the formation of hearing panels and the assignment of cases.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Representation by Counsel."> <paragraph num="A."> <text>All parties, except individuals appearing in their own behalf, shall be represented by attorneys-at-law, who are duly admitted and enrolled to practice before the Court of Appeals of this State when the Commission is performing a quasi-judicial function as distinguished from a legislative, executive, or a ministerial function.</text> </paragraph> <paragraph num="B."> <text>A nonresident attorney may not be allowed to enter his appearance in a case before the Commission except upon motion, which will not ordinarily be granted unless some attorney with a full-time office in this State is associated with him or her in the matter.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Reports of Accidents."> <text>Reports of all accidents required to be filed with the Commission shall be made in writing within 30 days after its happening, or as prescribed by order of the Commission duly served.</text> </regulation> <regulation prefix="Regulation" num=".06" heading="Practice on Receiving Petitions."> <paragraph num="A."> <text>On receiving a petition, application, or complaint in writing, the Commission will refer it to the Secretary for examination. If it is found to conform to these regulations and all statutory provisions, the Secretary shall report that fact to the Commission. If it does not so conform, he shall advise the applicant of the defects, which may then be corrected.</text> </paragraph> <paragraph num="B."> <text>When the papers and any accompanying exhibits are in proper form, a time and place for a hearing on them may be appointed. The Commission will, in each case, direct what notice of a hearing shall be given, whether by publication or otherwise, and to whom.</text> </paragraph> <paragraph num="C."> <text>The applicant shall furnish at its expense, for the use of the Commission in determining the application, the originals of all books, papers, and documents which it may require, or certified or verified copies of them. The failure to do so shall be ground for refusing the application.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Size of Papers Filed."> <text>All petitions, complaints, applications, answers, briefs, and other papers filed with the Commission, shall be printed or typewritten, whenever practicable, upon sheets not more than 11 inches long and 8-1/2 inches wide.</text> </regulation> <regulation prefix="Regulation" num=".08" heading="Applications for Extension of Time for Filing Reports."> <paragraph num="A."> <text>An application by a corporation, firm, or person for an extension of the time within which a report is or may be required to be filed with the Commission, shall be in writing, filed before the expiration of the period, the extension of which is deemed necessary, and shall state in detail:</text> <paragraph num="(1)"> <text>What, if any, effort has been made by the applicant to prepare the report;</text> </paragraph> <paragraph num="(2)"> <text>Any facts tending to show why the report cannot be made and filed within the time prescribed;</text> </paragraph> <paragraph num="(3)"> <text>Any other facts which may make an extension of time necessary or proper; and</text> </paragraph> <paragraph num="(4)"> <text>The further period of time deemed necessary by the applicant within which to make and file the report.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The Commission may hold a hearing on the petition, and in that event the applicant shall attend, and produce such witnesses and documents relative to its request as the Commission shall require.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Public Utilities Article, §§2-112, 2-113, 2-121, 3-101, 3-104, and 3-113, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: August 15, 1910</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.08 revised effective May 8, 1911, May 3, 1912, and October 19, 1914</annotation> <annotation type="History" subtype="Administrative History">Regulation .01-1 adopted effective September 21, 1986 (13:19 Md. R. 2121)</annotation> <annotation type="History" subtype="Administrative History">Regulation .09 adopted effective August 4, 1972 (Order No. 59884)</annotation> <annotation type="History" subtype="Administrative History">Regulation .09 repealed effective July 31, 1995 (22:15 Md. R. 1120)</annotation> </annotations> </chapter> <chapter num="02" heading="Hearings and Investigations"> <regulation prefix="Regulation" num=".01" heading="Stipulations."> <text>The parties to a hearing, investigation, or other proceeding before the Commission may, by stipulation in writing filed with the Commission, agree upon the facts or any of the facts involved therein, which stipulation, if filed, shall be regarded and used as evidence at the hearing, investigation, or other proceeding. The Commission may, nevertheless, require such additional evidence as it may deem necessary.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Character of Testimony."> <text>Except when stipulations are filed, the witnesses whose testimony may be desired at a hearing, investigation, or proceeding before the Commission, or before a Commissioner or hearing examiner as authorized by Public Utilities Article, §3-104, Annotated Code of Maryland, shall testify orally and under oath, unless the Commission, Commissioner, or hearing examiner for good cause shown deems it proper in special cases that written evidence, under affidavit or otherwise, be submitted.</text> </regulation> <regulation prefix="Regulation" num=".03" heading="Subpoenas."> <paragraph num="A."> <text>Subpoenas for witnesses may be signed and issued by the Secretary or by the Commission or a Commissioner, and may be served by any person of full age designated by the Commission, or by a Commissioner or the Secretary, or through the sheriff's office of any city or county of the State.</text> </paragraph> <paragraph num="B."> <text>The Commission may cause subpoenas and subpoenas duces tecum to be issued upon its own motion, or upon the application of any party to a hearing or investigation, but subpoenas duces tecum may not be issued upon application, unless the application is in writing and describes the books, papers, or other documents to be produced.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Evidence."> <paragraph num="A."> <text>The complainant should in all cases establish the facts alleged to constitute a violation of the law, unless the defendant admits the same or fails to answer the complaint. Upon request by the complainant, the Commission may assign counsel to appear for him or them, in conformity with Chapter 563 of the Acts of the General Assembly of Maryland, 1912.* The defendant shall also give evidence of the facts alleged in the answer, unless admitted by the complainant, and shall fully disclose his or its defense at the hearing.</text> </paragraph> <text>*Since amended by Ch. 534 of the Acts of 1924 and by Ch. 201 of the Acts of 1927.</text> <paragraph num="B."> <text>In case of failure to answer, the Commission will take such proof of the facts as may be deemed proper and reasonable and make such order on them as the circumstances of the case require.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Documentary Evidence."> <text>In all cases when documentary evidence is offered, the Commission, in its discretion, in lieu of requiring the originals to be filed, may accept true copies of the evidence or of such parts of it as may be relevant, or may require the evidence to be transcribed as part of the record.</text> </regulation> <regulation prefix="Regulation" num=".06" heading="Briefs."> <paragraph num="A."> <text>The Commission or presiding officer may, whenever it deems desirable, require the filing of printed or typewritten briefs on behalf of any party or parties to an investigation, hearing, or other proceeding, and may fix the time for the filing of the briefs. Concurrent briefs are preferable. The briefs shall contain an abstract of the evidence and also the arguments relied on by the party or parties filing them.</text> </paragraph> <paragraph num="B."> <text>A brief may not exceed 50 pages in length if produced by letterpress, multilith, or photo offset, or 60 pages in length if typewritten and reproduced by any other duplicating or copying process which produces a clear, readable black image on white paper, except by special permission of the Commission or presiding officer. This limitation does not apply to an appendix or to a table of contents and authorities. A brief of more than 20 pages shall contain a subject index and a table of authorities.</text> </paragraph> <paragraph num="C."> <text>A request for an extension of time to file briefs shall be made in writing, and a copy of it served upon or mailed to the other parties to the proceeding. Ordinarily, when a matter has been submitted on concurrent briefs, extensions may not be granted unless a stipulation is filed with the Commission or presiding officer. The original of each brief shall contain a certification that copies have been served upon or mailed to each party or his attorney.</text> </paragraph> <paragraph num="D."> <text>Unless otherwise prescribed or required by the Commission or presiding officer, each party to the proceeding shall file the original and a minimum of nine copies with the Commission or presiding officer.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Adjournments and Extensions."> <text>The Commission may, either upon its own motion or upon application, adjourn all hearings from time to time and may grant such extensions of time for compliance with its orders or other acts, as it may deem proper, provided that no requirement of law be violated by the extension, and that this section may not apply to extensions of time for filing reports.</text> </regulation> <regulation prefix="Regulation" num=".08" heading="Rehearings."> <paragraph num="A."> <text>Applications for reopening a cause after final submission, or for rehearing after final order, shall be made by petition in writing, stating specifically the grounds upon which the application is based.</text> </paragraph> <paragraph num="B."> <text>If the application is to reopen the cause for further evidence, the nature and purpose of the evidence shall be stated, and may not be merely cumulative.</text> </paragraph> <paragraph num="C."> <text>If the application is for a rehearing, the petition shall specify the findings of fact or of law claimed to be erroneous, together with a brief statement of the ground of the alleged error.</text> </paragraph> <paragraph num="D."> <text>A petition seeking to reverse or modify a decision, order, or requirement of the Commission shall:</text> <paragraph num="(1)"> <text>Fully set forth the facts, circumstances, and consequences relied upon; and</text> </paragraph> <paragraph num="(2)"> <text>Allege:</text> <paragraph num="(a)"> <text>The facts and circumstances which have arisen after the hearing or order which justify the reversal or modification; or</text> </paragraph> <paragraph num="(b)"> <text>The consequences resulting from compliance with the decision, order, or requirement which justify or entitle the applicant to the reversal or modification.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".09" heading="Investigations on the Commission's Own Motion."> <paragraph num="A."> <text>In every case in which the Commission is authorized by the Public Utilities Article, Annotated Code of Maryland, to make investigations on its own motion, it may, if it deems proper, conduct its investigations ex parte and without notice to the person or persons concerned.</text> </paragraph> <paragraph num="B."> <text>If the Commission conducts an ex parte investigation, before passing any final order the Commission shall formulate a complaint, setting forth fully and clearly the acts, omissions, or matters which are the subject of the investigation, and shall pass an order directed to the person or persons investigated requiring that the complaint be satisfied or answered within 20 days from the service of the complaint and order or within such less time as the Commission may prescribe.</text> </paragraph> <paragraph num="C."> <text>The complaint and order shall be served on the person or persons complained of in any manner authorized by law, and thereafter the proceedings shall go forward as set forth in COMAR 20.07.03, so far as the provisions of COMAR 20.07.03 apply.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".10" heading="Investigations at Corporation's Request."> <text>In all cases in which the Commission, at the request of or complaint of a corporation subject to the provisions of the Public Utilities Article, Annotated Code of Maryland, may undertake an investigation with a view to granting to the corporation any application which the corporation may be authorized under the law to make, the Commission may, in its discretion, give all other persons or corporations who may be affected by the application or the investigation an opportunity for a hearing, either by service upon them of a copy of the request or complaint, or by publication of the substance of it, at the expense of the corporation, for such length of time and in such newspaper or newspapers as the Commission may deem desirable.</text> </regulation> <regulation prefix="Regulation" num=".11" heading="Special Requirements."> <text>The provisions in this regulation as to hearings and investigations may not be taken to affect any further or additional provisions or requirements which may be prescribed in these regulations for special cases.</text> </regulation> <regulation prefix="Regulation" num=".12" heading="Examination of Witnesses."> <text>In a proceeding involving an application by a public service company seeking authority of the Commission to increase rates and charges for the utility service and when the direct testimony of witnesses has been pre-filed with the Commission and the intervening parties to the proceeding not less than 10 days before the scheduled appearance of witnesses at a hearing, cross-examination shall be limited to a maximum of 30 minutes per witness per intervening party to the proceeding. Re-direct of witnesses and recross-examination of witnesses on their re-direct testimony shall be limited to a maximum of 20 minutes, respectively, per witness per intervening party. Nothing in these regulations shall be construed in any way to apply to the Office of People's Counsel.</text> <text>Agency Note: See U.S. v. Public Service Commission, 422 F. Supp. 676 (D. Md., 1976), Civil No. B-74-1264.</text> </regulation> <regulation prefix="Regulation" num=".13" heading="Appeals From Proposed Orders of Hearing Examiners."> <paragraph num="A."> <text>A party noting an appeal to the Commission from a Proposed Order of Hearing Examiner shall, within 10 days after filing a Notice of Appeal, file with the Commission, and serve on all other parties, a Memorandum on Appeal. A Reply Memorandum may be filed in response to a Memorandum on Appeal within 20 days after the date of the filing of the Memorandum on Appeal. Further response will not be entertained unless the Commission orders otherwise.</text> </paragraph> <paragraph num="B."> <text>Memorandum on Appeal.</text> <paragraph num="(1)"> <text>A Memorandum on Appeal shall contain:</text> <paragraph num="(a)"> <text>A short statement of the case;</text> </paragraph> <paragraph num="(b)"> <text>A summary of the basic position of the party filing;</text> </paragraph> <paragraph num="(c)"> <text>The grounds upon which the appeal rests; and</text> </paragraph> <paragraph num="(d)"> <text>The argument in support of the appeal with appropriate references to the record and legal authorities.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>In addition, a party may, in a Memorandum on Appeal, set forth proposed specific findings which it considers to be supported by the record in the proceedings. A Reply Memorandum shall generally follow the same style prescribed for a Memorandum on Appeal, but may omit a statement of the case if it was correctly stated in the Memorandum on Appeal.</text> </paragraph> </paragraph> <paragraph num="C."> <text>A Memorandum on Appeal and a Reply Memorandum shall be self-contained and limited to 15 pages in length, provided that for good cause the limitation on length may be altered or waived for either class of memorandum upon application to and order of the Commission within the time limit for filing of the respective memorandums. Nine copies of the memorandum shall be filed with the Commission.</text> </paragraph> <paragraph num="D."> <text>There shall accompany and be attached to each Notice of Appeal, Memorandum on Appeal, and Reply Memorandum a Certificate of Service stating that the document has been served on every other party to the proceeding.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Public Utilities Article, §§2-112, 2-113, 2-115, 2-121, 3-101, 3-104, 3-109, 3-113, and 3-114, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: August 15, 1910</annotation> <annotation type="History" subtype="Administrative History">Revised effective May 8, 1911, May 3, 1912, and October 19, 1915</annotation> <annotation type="History" subtype="Administrative History">Regulations .06D and .13C amended effective May 10, 1982 (9:9 Md. R. 911)</annotation> <annotation type="History" subtype="Administrative History">Regulations .09 and .10 amended effective January 23, 1981 (8:2 Md. R. 118)</annotation> <annotation type="History" subtype="Administrative History">Annotation:COMAR 20.07.02.08 cited in Radio Communications, Inc. v. Public Service Commission of Maryland, et al., 50 Md. App. 422 (1981)</annotation> </annotations> </chapter> <chapter num="03" heading="Complaints"> <regulation prefix="Regulation" num=".01" heading="Applicability."> <paragraph num="A."> <text>This chapter applies to complaints filed under Public Utilities Article, §3-102, Annotated Code of Maryland, against public service companies subject to the jurisdiction of this Commission, which allege a violation of the Public Service Commission's law, orders, or regulations.</text> </paragraph> <paragraph num="B."> <text>This chapter also governs disputes appealed to the Commission under COMAR 20.32.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Form and Contents."> <text>A complaint or appeal filed under this chapter shall be in writing and shall provide:</text> <paragraph num="A."> <text>The name of the public service company which is the subject of the complaint;</text> </paragraph> <paragraph num="B."> <text>The name and address of the complainant;</text> </paragraph> <paragraph num="C."> <text>The name and address of the complainant's attorney, if any;</text> </paragraph> <paragraph num="D."> <text>A detailed description of the act, omission, or matter complained of, with relevant supporting documentation;</text> </paragraph> <paragraph num="E."> <text>Specific reference to the law, regulation, or order that is alleged to have been violated, and the basis for the allegation; and</text> </paragraph> <paragraph num="F."> <text>Other facts or matters relevant to the complaint that may be required by the Public Utilities Article, Annotated Code of Maryland, or necessary to fully acquaint the Commission with the details of the complaint.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Complaint Procedures."> <paragraph num="A."> <text>When a complaint is received, the Commission may:</text> <paragraph num="(1)"> <text>Conduct an ex parte investigation;</text> </paragraph> <paragraph num="(2)"> <text>Issue a satisfy or answer order to the public service company complained of, in a manner prescribed by the Commission; or</text> </paragraph> <paragraph num="(3)"> <text>Dismiss the complaint if it fails to state a claim upon which relief can be granted.</text> </paragraph> </paragraph> <paragraph num="B."> <text>If the Commission issues a satisfy or answer order, the public service company shall respond within 20 days or a time period prescribed by the Commission.</text> </paragraph> <paragraph num="C."> <text>A public service company shall promptly notify the Commission if it satisfies a complaint before the time allowed in a satisfy or answer order.</text> </paragraph> <paragraph num="D."> <text>After investigation or expiration of the time allowed for satisfaction or answer, the Commission may:</text> <paragraph num="(1)"> <text>Determine whether relief should be granted based on the information submitted by the complainant and the public service company; or</text> </paragraph> <paragraph num="(2)"> <text>Conduct hearings as necessary.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Appeal Procedures."> <text>When an appeal from COMAR 20.32 is received, the Commission may:</text> <paragraph num="A."> <text>Determine whether relief should be granted based on the information submitted by the complainant/appellant, the public service company, and the investigation of the Consumer Affairs Division;</text> </paragraph> <paragraph num="B."> <text>Dismiss the appeal if it fails to state a claim upon which relief can be granted; or</text> </paragraph> <paragraph num="C."> <text>Conduct further investigations, proceedings, or hearings as necessary.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Public Utilities Article, §§2-112, 2-121, 3-101, 3-102, and 4-503, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: August 15, 1910</annotation> <annotation type="History" subtype="Administrative History">Revised effective May 8, 1911, May 3, 1912, and October 19, 1914</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.10 repealed and new Regulations .01—.04 adopted effective August 6, 1990 (17:15 Md. R. 1862)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04A amended effective June 15, 1998 (25:12 Md. R. 947)</annotation> </annotations> </chapter> <chapter num="04" heading="Applications Pursuant to the Public Utilities Article"> <regulation prefix="Regulation" num=".01" heading="Financial Condition Defined."> <text>Whenever a corporation subject to the Public Utilities Article, Annotated Code of Maryland, is required or called upon to disclose its financial condition, whether under this subtitle or otherwise, the information shall be given, as far as practicable, in appropriate schedules, which shall show the following:</text> <paragraph num="A."> <text>Amount and classes of stock authorized;</text> </paragraph> <paragraph num="B."> <text>Amount and classes of stock issued;</text> </paragraph> <paragraph num="C."> <text>Terms of preference of all preferred stock;</text> </paragraph> <paragraph num="D."> <text>Brief description of each mortgage upon any property of the corporation, giving the date of execution, name of the trustee, amount of indebtedness authorized to be secured by the mortgage, amount of indebtedness actually secured, and brief description of the mortgaged property or collateral;</text> </paragraph> <paragraph num="E."> <text>Number and amount of bonds authorized and issued under each mortgage, describing each class separately, giving date of issue, par value, rate of interest, date of maturity, and how secured;</text> </paragraph> <paragraph num="F."> <text>Other indebtedness of all kinds, giving them by classes and describing security, if any;</text> </paragraph> <paragraph num="G."> <text>Amount of interest paid during the previous fiscal year upon each species of indebtedness and the rate of interest, and if different rates were paid, the amount paid at each rate;</text> </paragraph> <paragraph num="H."> <text>Amount of dividends paid upon each class of stock during the previous fiscal year and the rate;</text> </paragraph> <paragraph num="I."> <text>Detailed statement of earnings and expenditures for the previous fiscal year and balance sheet showing the condition at the close of the year.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Applications for Authority to Issue Stocks, Bonds, Notes and Other Evidences of Indebtedness."> <paragraph num="A."> <text>Application. Except for an application to issue rate stabilization bonds under Regulation .11 of this chapter, an application made to the Commission by a public service company for authority under Public Utilities Article, §6-102, Annotated Code of Maryland, to issue any stock, bonds, notes, or other evidences of indebtedness shall include:</text> <paragraph num="(1)"> <text>The amount and terms of the proposed issue, the purposes for which the proceeds are to be used, and the nature of the security, if any.</text> </paragraph> <paragraph num="(2)"> <text>If the purpose is the acquisition of property, a general description of the property, from whom it is to be acquired, and the terms of the contract for the acquisition, if any has been made. Names of the owners of property to be acquired for rights of way need not be set out, but a general description of the proposed route will be sufficient.</text> </paragraph> <paragraph num="(3)"> <text>If the purpose is for the construction, completion, extension, or improvement of facilities, the existing facilities shall be set forth as well as those proposed.</text> </paragraph> <paragraph num="(4)"> <text>If the purpose is the improvement or maintenance of service, the existing service shall be set forth as well as any improvements or betterments proposed.</text> </paragraph> <paragraph num="(5)"> <text>If the purpose is the refunding of obligations, the obligations shall be described fully, showing character, amount, date of issue, date of maturity, and all other material facts concerning them.</text> </paragraph> <paragraph num="(6)"> <text>The financial condition of the applicant.</text> </paragraph> <paragraph num="(7)"> <text>If the application is for the issue of bonds to be secured by an existing mortgage, the amount of the bonds, if any, already issued under the mortgage, and the amount and application made of the proceeds of them.</text> </paragraph> <paragraph num="(8)"> <text>If the proceeds are to be used for construction, completion, extension, or improvement purposes, the affidavit of a competent person shall be annexed, showing the estimated cost in reasonable detail.</text> </paragraph> <paragraph num="(9)"> <text>In applications for the issue of stock, the application shall state that no franchise or right is capitalized, directly or indirectly, except as authorized by the Public Utilities Article, Annotated Code of Maryland. If it is proposed to capitalize any franchise or right as therein authorized, there shall be filed with the application a verified copy of the franchise, and an affidavit of the proper officer of the State, county, or municipality granting it, showing the amount that has been actually paid for the franchise or right.</text> </paragraph> <paragraph num="(10)"> <text>If any contract, agreement, or arrangement, verbal or written, has been made to sell the stock, bonds, notes, or other evidence of indebtedness proposed to be issued, the contract, agreement, or arrangement shall be described in full, and a copy of it shall be attached to the application.</text> </paragraph> <paragraph num="(11)"> <text>If no contract, agreement, or arrangement has been made for the sale or other disposal of the stock, bonds, notes, or other evidence of indebtedness proposed to be issued, there shall be attached to the application an affidavit of a competent person showing the amount that can probably be realized from the sale or disposition of them and the reasons for the opinion of the affiant.</text> </paragraph> <paragraph num="(12)"> <text>There shall be attached to the application an affidavit made by at least three of the directors of the applicant, showing that it is the intention of the applicant in good faith to use the proceeds of the stock, bonds, notes, or other evidence of indebtedness proposed to be issued, for the purposes set forth in the petition.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Notice. Within 2 weeks of the filing of an application, and for the next succeeding week, the public service company shall give notice of the filing of an application under §A of this regulation with the Commission by publishing an advertisement in a newspaper of general circulation in each county in the distribution territory served by the company.</text> </paragraph> <paragraph num="C."> <text>Final Order. An order of the Commission granting an application, or any part of it, shall:</text> <paragraph num="(1)"> <text>Prescribe the purpose for which the proceeds of the security or obligation authorized shall be used;</text> </paragraph> <paragraph num="(2)"> <text>Direct the applicant to report to the Commission under oath the sale or other disposition of the securities or obligations authorized, the terms and conditions of them, and the amount realized from them;</text> </paragraph> <paragraph num="(3)"> <text>Require the applicant to make a report when funds have been fully expended showing in detail the use and application by it of the money so realized; and</text> </paragraph> <paragraph num="(4)"> <text>Contain such other provisions as the Commission may deem necessary or appropriate in each case.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Applications by Corporations for the Exercise of Franchises."> <paragraph num="A."> <text>Exercise of Railroad Franchises. Applications by corporations subject to the provisions of Public Utilities Article, §5-201, Annotated Code of Maryland, for permission to begin the construction of a railroad, or an extension of it, or to exercise any franchise or right, as provided in §5-201, shall state:</text> <paragraph num="(1)"> <text>The route of the proposed railroad or street railroad, or extension of it, giving the names of all cities, villages, or towns in and through which it is to be constructed.</text> </paragraph> <paragraph num="(2)"> <text>The name of each corporation with which the proposed construction, right, or franchise may compete.</text> </paragraph> <paragraph num="(3)"> <text>The facts showing whether the proposed construction, right, or franchise is required by public convenience or necessity.</text> </paragraph> <paragraph num="(4)"> <text>All other facts deemed material by the petitioner.</text> </paragraph> <paragraph num="(5)"> <text>If the applicant has not exercised any of the powers or privileges of a corporation, the manner in which it proposes to finance the proposed construction or the proposed exercise of the franchise or right.</text> </paragraph> <paragraph num="(6)"> <text>If the applicant has exercised the powers of a corporation, the manner in which it proposes to finance the proposed construction, or the proposed exercise of the franchise or right, and also (unless waived by the Commission) the applicant's financial condition.</text> </paragraph> <paragraph num="(7)"> <text>Unless waived by the Commission, the petition shall be accompanied by a certified copy of the articles of incorporation of the applicant, and all amendments to them.</text> </paragraph> <paragraph num="(8)"> <text>Maps and profiles, showing the location and route of the proposed construction, shall be filed, and also proof of compliance with all conditions required by law as precedent to the application or the granting of it, including proof of the consent of the municipalities and counties having jurisdiction.</text> </paragraph> <paragraph num="(9)"> <text>Unless waived by the Commission, there shall be annexed to the petition an affidavit made by at least three directors of the applicant, that it is the intention of the applicant in good faith to begin the construction or to exercise the right or franchise applied for, within a time to be specified in the affidavit.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Exercise of Gas or Electric Franchises. Applications by corporations subject to the provisions of Public Utilities Article, §7-210, Annotated Code of Maryland, for permission to begin construction, or exercise any right or franchise as provided in §7-210, shall state:</text> <paragraph num="(1)"> <text>The description of the proposed construction or of the proposed exercise of the right or franchise;</text> </paragraph> <paragraph num="(2)"> <text>The location or locations in which the construction is to be had or the right or franchise exercised;</text> </paragraph> <paragraph num="(3)"> <text>The requirements set forth in §A(2)—(9) of this regulation, unless waived by the Commission to the extent authorized in §A(2)—(9), except that the Commission may not waive the requirements of filing a certified copy of the applicant's charter, unless it is already on file in the office of the Commission; and</text> </paragraph> <paragraph num="(4)"> <text>The verified statement of the president and secretary of the corporation showing that it has received the required consent of the proper municipal authorities.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Exercise of Telephone and Telegraph, Water, Heat or Refrigerating, and Power Franchises. Applications by corporations subject to the Public Utilities Article, Annotated Code of Maryland, for permission to begin construction or to exercise any right or franchise, shall state the matters and things set forth in §B of this regulation.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Applications for Approval of Assignment, Transfer, or Lease of Franchises."> <text>In all applications under the Public Utilities Article, Annotated Code of Maryland, for the approval of the assignment, transfer, or lease of a franchise, or of any right to or under a franchise, or of a corporation's works or system, or for the approval of a contract or agreement with reference to or affecting any of the same, the petition shall be made by all the parties to the proposed transaction, and shall show:</text> <paragraph num="A."> <text>Unless waived by the Commission, the financial condition of each applicant;</text> </paragraph> <paragraph num="B."> <text>In detail, the reasons upon the part of each applicant for making the proposed assignment, transfer, lease, contract, or agreement and all the facts warranting the same, and all facts which should be known to the Commission to enable it to pass upon the application; and</text> </paragraph> <paragraph num="C."> <text>The petition shall be accompanied by copies of the articles of incorporation of each applicant, duly certified, of the franchise, of the proposed assignment, transfer, lease, contract, or agreement, and of the laws or a reference to the laws which authorize them. If any of the instruments are already on file in the office of the Commission, they need not be refiled.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Applications for Authority to Acquire Shares of Stock."> <text>In all applications made to the Commission by corporations for authority to purchase or acquire, take or hold, any part of the capital stock of any other corporation or corporations, the petition shall show:</text> <paragraph num="A."> <text>In detail, the reasons why the applicant desires to make the proposed acquisition and all the facts warranting it, including the amount of stock in the same corporation or in any allied corporation already held by the applicant.</text> </paragraph> <paragraph num="B."> <text>The market value of the stock proposed to be acquired, with:</text> <paragraph num="(1)"> <text>The highest and lowest price of the stock during a period of at least 1 year before the making of the petition;</text> </paragraph> <paragraph num="(2)"> <text>The dividends, if any, paid for a period of 5 years before making the petition;</text> </paragraph> <paragraph num="(3)"> <text>The price proposed to be paid or the loan proposed to be made;</text> </paragraph> <paragraph num="(4)"> <text>The name of the present owner;</text> </paragraph> <paragraph num="(5)"> <text>The terms of payment, or, in case of loan, of repayment.</text> </paragraph> </paragraph> <paragraph num="C."> <text>In case of an application for authorization to purchase stock of a certain description as opportunity may offer, the reasons for the purchase in full detail, with a statement of high and low market values and dividends paid each year for at least 5 years before making the petition, and the maximum price which the petitioner should be allowed to pay.</text> </paragraph> <paragraph num="D."> <text>There shall be submitted a certified copy of the articles of incorporation of each corporation, unless one is already on file in the office of the Commission, and a statement showing the amount of stock authorized and issued by each corporation, and also, unless waived by the Commission, the financial condition of each of the corporations.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Applications by Municipalities for Authority to Operate Gas or Electrical Works."> <text>All applications of municipalities, except the Mayor and City Council of Baltimore, under Public Utilities Article, §7-210, Annotated Code of Maryland, for authority to build, maintain, and operate, for other than municipal purposes, any works or systems for the manufacture and supplying of gas or electricity for lighting purposes, shall:</text> <paragraph num="A."> <text>Give the name and location of the principal office of all gas and electric corporations doing business within the municipality;</text> </paragraph> <paragraph num="B."> <text>Give the names of the executive officers of each gas or electric corporation;</text> </paragraph> <paragraph num="C."> <text>Give a general statement of the amount and character of services rendered within the municipality by each gas or electric corporation in the municipality;</text> </paragraph> <paragraph num="D."> <text>Give a statement showing by what authority the municipality has the right to build the proposed work or system upon receiving a certificate of authority from the Commission;</text> </paragraph> <paragraph num="E."> <text>Give a description of the works or system proposed to be constructed;</text> </paragraph> <paragraph num="F."> <text>Give the manner in which the municipality proposes to pay for or finance the construction of the proposed works or system; and</text> </paragraph> <paragraph num="G."> <text>Comply with Regulations .02 and .03 of this chapter so far as they may be applicable and appropriate to the purposes of the application.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Applications for Authority to Increase Rates, Fares, and Charges."> <paragraph num="A."> <text>A public service company earning in excess of $25,000,000 in gross annual intrastate revenue shall file with the Commission the direct testimony and exhibits of its witnesses concurrently with its application for authority to increase its rates and charges.</text> </paragraph> <paragraph num="B."> <text>All gas, electric, or telephone public service companies filing an application with the Commission for authority to increase rates and charges under the “make-whole” provisions of Public Utilities Article, §4-207, Annotated Code of Maryland, shall concurrently file the direct testimony and exhibits of its witnesses. Failure by the Company to comply with this section shall be sufficient cause for the Commission to dismiss and reject the application, unless waived by the Commission for good cause shown.</text> </paragraph> <paragraph num="C."> <text>Under §§A and B of this regulation, the applicant public service company shall file with the Commission an original and 15 copies of the rate increase application and 15 copies of the direct testimony and exhibits of its witnesses.</text> </paragraph> <paragraph num="D."> <text>The applicant public service company, filing under §§A and B of this regulation, shall forward a copy of the application for authority to increase rates and charges, together with the testimony and exhibits of its witnesses, to the Office of People's Counsel at the same time as the filing with the Commission.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Rate Making—Revenues and Expenditures."> <paragraph num="A."> <text>Revenues and expenditures credited or charged to Accounts 415 through and including 418 of the Uniform System of Accounts, as prescribed by the Federal Energy Regulatory Commission, relating to merchandising, jobbing, and contract work will not be allowed for rate making purposes in rate matters.</text> </paragraph> <paragraph num="B."> <text>Charitable contributions, penalties, and lobbying expenses recorded in Account 426.1, 426.3, and 426.4, respectively, of the Uniform System of Accounts as prescribed by the Federal Energy Regulatory Commission will not be allowed for rate making purposes in rate matters.</text> </paragraph> <paragraph num="C."> <text>Expenditures for advertising and promotion other than that classified as informational will not be allowed for rate making purposes unless it is demonstrated to the satisfaction of the Commission in a subsequent rate proceeding that the expense is of direct benefit to the rate payer and in the public interest. Informational advertising is presumed to be in the public interest unless otherwise demonstrated in a subsequent rate proceeding.</text> </paragraph> <paragraph num="D."> <text>For the purposes of determining whether these expenses shall be borne by the rate payer or stockholders, all advertising and promotion shall be divided into the following classifications:</text> <paragraph num="(1)"> <text>Promotional;</text> </paragraph> <paragraph num="(2)"> <text>Informational;</text> </paragraph> <paragraph num="(3)"> <text>Community affairs;</text> </paragraph> <paragraph num="(4)"> <text>Institutional.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Definitions. In this regulation, the following terms have the meanings indicated:</text> <paragraph num="(1)"> <text>“Promotional” means directed toward selling services or promoting the addition of new customers or seeking additional use of utility service.</text> </paragraph> <paragraph num="(2)"> <text>“Informational” means directed toward informing customers of charges and conditions of service, safety precautions, energy conservation, temporary or emergency conditions, employment opportunities, rate cases, annual reports, legal and financial matters.</text> </paragraph> <paragraph num="(3)"> <text>“Community affairs” means directed toward influencing public opinion on a controversial issue, or the result of any legislative or administrative matter that would justify the utility civic and community position.</text> </paragraph> <paragraph num="(4)"> <text>“Institutional” means directed toward establishing a favorable image of the utility company or its employees and which serves to identify the sponsor.</text> </paragraph> </paragraph> <paragraph num="F."> <text>Unless a utility company demonstrates during a rate case proceeding before the Commission that a particular item of advertising or promotional expenditure was directly beneficial to the ratepayer and in the public interest, expenses classified as promotional, community affairs, and institutional shall be excluded as an expense for rate making purposes.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".09" heading="Filing of Proposed Changes in Rates."> <paragraph num="A."> <text>Every gas, electric, steam heat, telephone, water, or sewage disposal company when filing pursuant to Public Utilities Article, §4-203, Annotated Code of Maryland, any proposed change in rates or regulations to its current tariff (for a typical illustration of a currently effective schedule, see §D of this regulation) shall show by brackets the rates or language proposed to be eliminated and show by underscorings the proposed rates or language (for an illustration of a typical schedule showing proposed changes, see §E of this regulation). The underscored proposed rates shall be placed adjacent to the bracketed current rates.</text> </paragraph> <paragraph num="B."> <text>Every gas, electric, steam heat, telephone, water, or sewage disposal company planning to file a proposed change in rates or regulations may make a written request to the Commission, with reasons therefore, for permission to submit as an alternative to the procedure specified in §A of this regulation, statements showing on separate sheets:</text> <paragraph num="(1)"> <text>All changes in rates or regulations being proposed;</text> </paragraph> <paragraph num="(2)"> <text>The present rates or regulations;</text> </paragraph> <paragraph num="(3)"> <text>The proposed rates or regulations;</text> </paragraph> <paragraph num="(4)"> <text>The dollar increase or decrease; and</text> </paragraph> <paragraph num="(5)"> <text>Any changes in text and such other data that is meaningful with respect to the proposed changes.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Every filing by each gas, electric, steam heat, telephone, water, or sewage disposal company shall be accompanied by a letter of transmittal which shall set forth as a minimum, the following data:</text> <paragraph num="(1)"> <text>The percentage increase or decrease and dollar amount of increase or decrease in operating revenues resulting therefrom.</text> </paragraph> <paragraph num="(2)"> <text>The percentage increase or decrease and dollar amount of increase or decrease for the various classes of service.</text> </paragraph> <paragraph num="(3)"> <text>The percentage increase or decrease and dollar amount of increase or decrease in the various rate blocks within the various classes of service (where rate blocking is utilized).</text> </paragraph> <paragraph num="(4)"> <text>The purpose and the effect of any proposed change in language or regulations.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Currently Effective Tariff.</text> </paragraph> <paragraph num="E."> <text>Tariff Showing Proposed Changes.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".10" heading="Notice of Proposed Changes in Rates."> <paragraph num="A."> <text>A public service company engaged in the transportation of passengers by motor vehicle proposing any tariff revision or change of rate shall notify its customers and patrons of the proposed tariff revision or change of rate by use of a form of notice as follows:</text> </paragraph> <paragraph num="B."> <text>The Commission reserves the right to require that the procedure outlined above be applied in any instance of proposed tariff revision or change or any proposed change of rules, regulations, or practices of any public service company.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".11" heading="Application for a Qualified Rate Order and Authority to Issue Rate Stabilization Bonds."> <paragraph num="A."> <text>Application. An application filed with the Commission by an electric company for a qualified rate order and authority under Public Utilities Article, §§7-526, 7-533, or 7-534, Annotated Code of Maryland, to issue rate stabilization bonds shall include:</text> <paragraph num="(1)"> <text>The amount and terms of the proposed qualified rate stabilization bond issue;</text> </paragraph> <paragraph num="(2)"> <text>The components of the rate stabilization costs;</text> </paragraph> <paragraph num="(3)"> <text>A proposed qualified rate stabilization charge tariff and expiration date;</text> </paragraph> <paragraph num="(4)"> <text>A description of any debt or equity securities to be refinanced or retired, including previously issued rate stabilization bonds;</text> </paragraph> <paragraph num="(5)"> <text>The financial condition of the applicant;</text> </paragraph> <paragraph num="(6)"> <text>If a contract, agreement, or arrangement has been made for the sale of the rate stabilization bonds proposed to be issued, the contract, agreement, or arrangement described in full and attached to the application;</text> </paragraph> <paragraph num="(7)"> <text>A calculation showing that the total amount of revenue to be collected under the proposed qualified rate order is less than the rate stabilization costs revenue that would be recovered over the same period using the electric company's weighted cost of capital;</text> </paragraph> <paragraph num="(8)"> <text>If the application proposes to refinance existing rate stabilization bonds, a calculation showing that the proposed qualified rate stabilization charge required to service the proposed rate stabilization bonds, including anticipated transaction costs, will be less than the future qualified rate stabilization charges required to service the rate stabilization bonds being refunded;</text> </paragraph> <paragraph num="(9)"> <text>Any specific sections, terms, or conditions to be included in the qualified rate order that the electric company believes appropriate and the reason for each; and</text> </paragraph> <paragraph num="(10)"> <text>An affidavit made by at least three of the directors of the applicant, showing that it is the intention of the applicant in good faith to use the proceeds of the stabilization bonds for the purposes identified in the application.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Notice of Filing of Application.</text> <paragraph num="(1)"> <text>Within 2 weeks of the filing of an application, and for the next succeeding week, the electric company shall give notice of the filing of an application under §A of this regulation with the Commission by publishing an advertisement in a newspaper of general circulation in each county in the distribution territory served by the company.</text> </paragraph> <paragraph num="(2)"> <text>The notice shall state:</text> <paragraph num="(a)"> <text>That the company has filed with the Commission an application for a qualified rate order and authority for a finance subsidiary to issue rate stabilization bonds;</text> </paragraph> <paragraph num="(b)"> <text>The total amount of rate stabilization bonds the company requested in the application;</text> </paragraph> <paragraph num="(c)"> <text>The proposed rate stabilization charge and the number of years it will be collected;</text> </paragraph> <paragraph num="(d)"> <text>That interested persons may send comments to the Commission; and</text> </paragraph> <paragraph num="(e)"> <text>The Commission's mailing and website addresses.</text> </paragraph> </paragraph> </paragraph> <paragraph num="C."> <text>Review and Adjustment of Qualified Rate Stabilization Charges.</text> <paragraph num="(1)"> <text>Each year that a qualified rate stabilization charge is collected, an electric company shall file with the Commission, 60 days prior to the anniversary of the date of the issuance of any rate stabilization bonds and 30 days following the retirement of any refunded rate stabilization bonds:</text> <paragraph num="(a)"> <text>A proposed tariff recalculating the qualified rate stabilization charge with supporting data to correct any over-collection or under-collection during the preceding 12 months;</text> </paragraph> <paragraph num="(b)"> <text>A description of how the proposed tariff will ensure the recovery of amounts sufficient to timely provide all payments of debt service and other required amounts and charges in connection with the rate stabilization bonds; and</text> </paragraph> <paragraph num="(c)"> <text>All calculations and supporting data for the proposed qualified rate stabilization charge.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>An electric company shall perform a true-up of all qualified rate stabilization charges collected to ensure that the authorized amount of qualified rate stabilization costs have been recovered at the end of the period established in the qualified rate order issued by the Commission.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".12" heading="Other Applications."> <text>All applications relating to matters within the jurisdiction of the Commission, and which are not governed by any of the above regulations shall in every case be made by petition, setting forth clearly the matter complained of, and giving the name of the person, firm, or corporation complained of. Thereupon, the procedure shall be such as the Commission may prescribe.</text> </regulation> <regulation prefix="Regulation" num=".13" heading="Required Number of Copies."> <text>Unless otherwise specifically required in this chapter, the applicant shall file with the Commission an original and 14 copies of the application and all required documents.</text> </regulation> <annotations> <annotation type="Authority">Public Utilities Article, §§2-112, 2-115, 2-121, 3-101, 3-104, 4-101—4-207, 4-503, 5-103, 5-201—5-203, 5-205, 6-101—6-104, 7-210, and 9-103, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: August 15, 1910</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.06 and .12 revised effective May 8, 1911, May 3, 1912, and October 19, 1914</annotation> <annotation type="History" subtype="Administrative History">Regulation .02 amended effective September 21, 1986 (13:19 Md. R. 2122); January 1, 2007 (33:26 Md. R. 1998)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02C amended effective March 18, 2013 (40:5 Md. R. 412)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07 adopted effective January 23, 1981 (8:2 Md. R. 118)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07C amended effective May 10, 1982 (9:9 Md. R. 911)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08 effective August 3, 1968 (Order No. 62950)</annotation> <annotation type="History" subtype="Administrative History">Regulation .09 effective August 1, 1973 (Order No. 60353)</annotation> <annotation type="History" subtype="Administrative History">Regulation .10 effective May 15, 1963 (Order No. 55165)</annotation> <annotation type="History" subtype="Administrative History">Regulation .10 amended effective January 1, 2007 (33:26 Md. R. 1998)</annotation> <annotation type="History" subtype="Administrative History">Regulation .11 effective September 13, 1962 (Order No. 54994)</annotation> <annotation type="History" subtype="Administrative History">Regulation .11 repealed and new Regulation .11 adopted effective January 1, 2007 (33:26 Md. R. 1998)</annotation> <annotation type="History" subtype="Administrative History">Regulation .13 adopted effective May 10, 1982 (9:9 Md. R. 911)</annotation> </annotations> </chapter> <chapter num="05" heading="Fees"> <regulation prefix="Regulation" num=".01" heading="Scope."> <text>This chapter outlines procedures for the payment of fees for certain Public Service Commission filings.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Commission” means the Public Service Commission of Maryland.</text> </paragraph> <paragraph num="(2)"> <text>“Company” means a public service company as defined in Public Utilities Article, §1-101, Annotated Code of Maryland, and any other entity subject to the jurisdiction of the Commission under Public Utilities Article, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(3)"> <text>“Custodian” means the Executive Secretary of the Commission.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Schedule of Fees."> <paragraph num="A."> <text>Filing Fees. The Commission shall assess the following fees:</text> </paragraph> <paragraph num="B."> <text>Schedule of Miscellaneous Fees.</text> <paragraph num="(1)"> <text>The Commission shall publish and revise, as necessary, a schedule of reasonable fees for:</text> <paragraph num="(a)"> <text>Copying and certifying copies of records;</text> </paragraph> <paragraph num="(b)"> <text>The issuance of a subpoena;</text> </paragraph> <paragraph num="(c)"> <text>A copy of the Commission's statute; and</text> </paragraph> <paragraph num="(d)"> <text>A copy of the Commission's annual report.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>The schedule of fees under this section shall be based on the actual cost of:</text> <paragraph num="(a)"> <text>Reproduction, including costs for staff time and equipment use; or</text> </paragraph> <paragraph num="(b)"> <text>Printing the Commission's statute or annual report.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>A charge under this section may not be assessed if the total amount of the fee is $1 or less.</text> </paragraph> <paragraph num="(4)"> <text>If the custodian is unable to copy a record within the Commission, the custodian shall make arrangements for the reproduction of the record at facilities outside the Commission. The custodian shall either collect from the applicant a fee to cover the actual cost of reproduction under this subsection or direct the applicant to pay the cost of reproduction directly to the facility making the copy.</text> </paragraph> <paragraph num="(5)"> <text>Fees for Time.</text> <paragraph num="(a)"> <text>The official custodian may charge reasonable fees for Commission time in excess of 2 hours expended:</text> <paragraph num="(i)"> <text>Searching for requested records; or</text> </paragraph> <paragraph num="(ii)"> <text>Preparing records for inspection and copying.</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>The official custodian may not charge a search or preparation fee for the first 2 hours of Commission time needed to respond to a request for information.</text> </paragraph> </paragraph> <paragraph num="(6)"> <text>If the official custodian determines that a request for waiver or reduction of a fee is in the public interest, the official custodian may waive or reduce any fee under §B of this regulation. In making a decision under this subsection, the official custodian shall consider, among other relevant factors, the ability of the applicant to pay the cost or fee.</text> </paragraph> <paragraph num="(7)"> <text>If the applicant requests that copies be mailed or delivered to the applicant, the official custodian may charge the applicant for the cost of postage or delivery to the applicant.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Payment of Filing Fees."> <paragraph num="A."> <text>Establishment of a Fee Account. Unless waived by the Commission under Regulation .05 of this chapter, a company shall establish a fee account on an annual basis or renew its account annually with the Commission for the purpose of billing and receiving payment of a fee required under Regulation .03 of this chapter.</text> </paragraph> <paragraph num="B."> <text>Account Set-Up Fee. On or before November 1 of each year, each company subject to §A of this regulation shall pay an account set-up fee of $250.</text> </paragraph> <paragraph num="C."> <text>Method of Payment of Fees. Payment of all filing fees required under Regulation .03 of this chapter and §B of this regulation shall be by:</text> <paragraph num="(1)"> <text>Cash;</text> </paragraph> <paragraph num="(2)"> <text>Certified check;</text> </paragraph> <paragraph num="(3)"> <text>Cashier's check;</text> </paragraph> <paragraph num="(4)"> <text>Money order; or</text> </paragraph> <paragraph num="(5)"> <text>Personal check.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Assessment of Penalty for Bad Check."> <text>A company paying a fee required under Regulations .03 or .04B of this chapter by personal check, that is returned for insufficient funds, shall pay a $25 returned check fee and may be required to submit the fee, the returned check fee, and subsequent fees by another method under Regulation .04 of this chapter, as specified by the Commission.</text> </regulation> <regulation prefix="Regulation" num=".06" heading="Waiver of Fees."> <paragraph num="A."> <text>Request for Fee Waiver.</text> <paragraph num="(1)"> <text>If the Commission finds it is in the public interest, the Commission may waive a filing fee required under Regulation .03 of this chapter.</text> </paragraph> <paragraph num="(2)"> <text>A company requesting waiver of a filing fee under this section shall submit the request in writing.</text> </paragraph> <paragraph num="(3)"> <text>The Commission shall grant or deny a request for a fee waiver within 5 working days of receipt of the request.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Required Waiver. The Commission shall waive a fee charged under this chapter for a filing by a unit of State government or for a service performed by the Commission for a unit of State government.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Penalty for Failure to Pay Fees."> <text>Failure to pay an applicable filing fee or obtain a waiver of an applicable filing fee shall result in a filing not being processed.</text> </regulation> <annotations> <annotation type="Authority">Public Utilities Article, §§2-113, 2-121, and 5-101 Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date:</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.07 adopted as an emergency provision effective July 1, 2002 (29:15 Md. R. 1140); emergency status extended at 30:1 Md. R. 23; emergency status expired February 28, 2003</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 adopted effective August 2, 2004 (31:15 Md. R. 1186)</annotation> <annotation type="History" subtype="Administrative History">Regulations .02—.07 adopted effective January 20, 2003 (30:1 Md. R. 28)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03A amended effective June 23, 2003 (30:12 Md. R. 791)</annotation> </annotations> </chapter> </subtitle> <subtitle num="08" heading="Supplier Diversity Program"> <chapter num="01" heading="General"> <regulation prefix="Regulation" num=".01" heading="Declaration of Public Policy."> <paragraph num="A."> <text>The Commission declares that it is in the public interest for public service companies to implement diverse supplier programs to promote economical delivery of utility services and positively impact the economy of the State. Accordingly, the Commission has established a Supplier Diversity Program consisting of entry into a voluntary memorandum of understanding (MOU) with individual companies.</text> </paragraph> <paragraph num="B."> <text>Under the Supplier Diversity Program, entities regulated by the Commission that voluntarily enter into an MOU will develop, implement, and consistently report on their activities and accomplishments in promoting a strategy designed to create viable and prosperous minority, women, and service-disabled-veteran-owned business enterprises by providing them with the maximum opportunity to participate in and compete for contracts and subcontracts in their supply chain for goods and services.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Scope."> <text>This subtitle applies to all public service companies, electricity suppliers, gas suppliers, and any other entities subject to regulation by the Commission.</text> </regulation> <regulation prefix="Regulation" num=".03" heading="Establishment of Program."> <paragraph num="A."> <text>There is a Maryland Public Service Commission Supplier Diversity Program.</text> </paragraph> <paragraph num="B."> <text>Individual companies regulated or licensed by the Commission may voluntarily join the program by entering into an MOU with the Public Service Commission.</text> </paragraph> <paragraph num="C."> <text>A signed MOU shall be filed publicly with the Public Service Commission.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Definitions."> <paragraph num="A."> <text>In this subtitle, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Annual public conference” or “public conference” means a yearly Commission legislative style en banc review of the participating company filed reports and plans, attended by interested parties and executive representatives of all participating companies.</text> </paragraph> <paragraph num="(2)"> <text>“Commission” means the Public Service Commission of Maryland.</text> </paragraph> <paragraph num="(3)"> <text>“Company” means:</text> <paragraph num="(a)"> <text>A public service company as defined in Public Utilities Article, §1-101, Annotated Code of Maryland;</text> </paragraph> <paragraph num="(b)"> <text>Electricity supplier, as defined in Public Utilities Article, §1-101, Annotated Code of Maryland;</text> </paragraph> <paragraph num="(c)"> <text>Gas supplier, as defined in Public Utilities Article, §1-101, Annotated Code of Maryland; or</text> </paragraph> <paragraph num="(d)"> <text>Any other entity regulated by the Commission.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>“MOU” means a voluntary memorandum of understanding between the Commission and a company containing specific requirements and details of a company’s diverse supplier program.</text> </paragraph> <paragraph num="(5)"> <text>“Participating company” means a company that has voluntarily entered into an MOU with the Commission.</text> </paragraph> <paragraph num="(6)"> <text>“Public determination” means a publicly available report prepared by the Commission on the status of the Supplier Diversity Program.</text> </paragraph> <paragraph num="(7)"> <text>“Staff” means the Commission’s Consumer Affairs Division and the Commission’s technical staff.</text> </paragraph> <paragraph num="(8)"> <text>“Supplier Diversity Program” means the Maryland Public Service Commission Supplier Diversity Program encompassed in an MOU.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Report; Public Conference; Addenda."> <paragraph num="A."> <text>Staff Report. Staff shall review a participating company’s annual report not more than 2 years after the annual report is filed. Staff may seek, pursuant to individual MOU and Commission statutory authority, source documents used to prepare the annual reports, while preserving the confidential and proprietary data. Upon completion of its review of participating companies’ annual reports, staff shall file a staff report of its findings.</text> </paragraph> <paragraph num="B."> <text>Public Conference.</text> <paragraph num="(1)"> <text>The Commission shall hold a public conference each year for the purpose of reviewing the annual reports and annual plans received from participating companies.</text> </paragraph> <paragraph num="(2)"> <text>Within 60 days of the public conference, the Commission shall issue a public report with any findings from the public conference.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Addenda to an MOU.</text> <paragraph num="(1)"> <text>Either the Commission, a participating company or the staff may propose addenda to one, several, or all MOUs at any time prior to an annual public conference.</text> </paragraph> <paragraph num="(2)"> <text>Once proposed by any party, the Commission staff and any affected participating companies shall discuss the merits of the addenda and submit a written recommendation to the Commission.</text> </paragraph> <paragraph num="(3)"> <text>In a public determination prepared after an annual public conference, the Commission shall summarize and respond to any pending proposed addenda.</text> </paragraph> <paragraph num="(4)"> <text>Within 60 days after a public determination is issued, participating companies may submit a written response to any addenda proposed by the Commission, staff, or other participating company.</text> </paragraph> <paragraph num="(5)"> <text>No MOU amendment or other addendum to an MOU shall be of any force or effect unless it has been voluntarily accepted in writing by both an authorized representative of affected participating companies and by the Commission.</text> </paragraph> <paragraph num="(6)"> <text>All accepted addenda to an MOU shall be in effect at a time agreed upon by parties.</text> </paragraph> <paragraph num="(7)"> <text>The process in this section does not limit the Commission or any participating company’s ability to propose changes to an MOU at any time.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Compliance."> <paragraph num="A."> <text>The Commission shall maintain on its website:</text> <paragraph num="(1)"> <text>A list of Companies participating in the Supplier Diversity Program;</text> </paragraph> <paragraph num="(2)"> <text>Copies of all public annual plan and annual report filings made by participating companies;</text> </paragraph> <paragraph num="(3)"> <text>Copies of all signed MOUs; and</text> </paragraph> <paragraph num="(4)"> <text>Copies of all agreed-to addenda.</text> </paragraph> </paragraph> <paragraph num="B."> <text>An MOU may be terminated upon recommendation of staff, a participating company or the Commission for failure to:</text> <paragraph num="(1)"> <text>Submit an annual report or annual plan for 2 or more consecutive years;</text> </paragraph> <paragraph num="(2)"> <text>Provide source documents or data used to prepare the annual reports at the request of staff; or</text> </paragraph> <paragraph num="(3)"> <text>Comply with the terms of this subtitle or the participating company’s MOU.</text> </paragraph> </paragraph> <paragraph num="C."> <text>If a participating company fails to submit reports, plans, or data as requested by staff or comply with the terms of this subtitle or its MOU, the sole remedy shall be that the Commission may terminate the MOU.</text> </paragraph> <paragraph num="D."> <text>A participating company may be reinstated upon recommendation by staff and approval by the Commission.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Waiver of Regulations."> <text>Upon written request, a regulation in this subtitle may be waived by the Commission for good cause shown.</text> </regulation> <regulation prefix="Regulation" num=".08" heading="Limitations."> <text>The terms of an MOU are not themselves regulations of the Commission.</text> </regulation> <annotations> <annotation type="Authority">Public Utilities Article, §§2-113 and 2-121, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: February 15, 2016 (43:3 Md. R. 273)</annotation> </annotations> </chapter> </subtitle> <subtitle num="25" heading="Electric and Gas Submeters in Apartment Houses, Office Buildings, and Shopping Centers"> <chapter num="01" heading="General Regulations"> <regulation prefix="Regulation" num=".01" heading="General."> <paragraph num="A."> <text>Purpose of Submetering. The purpose of submetering is to encourage effective conservation and efficient use of electricity or gas by fairly allocating its cost among the ultimate users within a master metered apartment house, office building, or shopping center.</text> </paragraph> <paragraph num="B."> <text>Availability of Submetering. An owner, operator, or manager of an apartment house, office building, or shopping center who has a master meter may install submeters in accordance with legislation enacted by the General Assembly of Maryland and with regulations adopted by the Public Service Commission of Maryland.</text> </paragraph> <paragraph num="C."> <text>Authorization of Regulations. Public Utilities Article, §7-303, Annotated Code of Maryland, requires the Public Service Commission to make such reasonable regulations and standards as it deems necessary to carry out the provisions of this law.</text> </paragraph> <paragraph num="D."> <text>Application of Regulations.</text> <paragraph num="(1)"> <text>These regulations apply to an owner, operator, or manager of an apartment house, shopping center, or office building which is not individually metered by a utility for electricity or gas for each dwelling unit, commercial rental unit, or store, and to the occupant or occupants of the units or stores.</text> </paragraph> <paragraph num="(2)"> <text>These regulations are intended to provide uniform and reasonable standards for the accuracy, billing, and regulation of submeters, and to define the respective responsibilities of the utility, the owner, and the occupant.</text> </paragraph> <paragraph num="(3)"> <text>If unreasonable hardship to a utility or owner results from the application of any regulation of this chapter, application may be made to the Commission for temporary or permanent relief.</text> </paragraph> <paragraph num="(4)"> <text>The adoption of these regulations in no way precludes the Commission from altering or amending them by subsequent proceedings.</text> </paragraph> <paragraph num="(5)"> <text>In implementing these regulations, an apartment house, office building, or shopping center is not a public service company as defined in Public Utility Companies Article, §1-101, Annotated Code of Maryland.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Rent Reduction. Except in units constructed, managed, operated, developed, or subsidized by a local housing authority as established under Article 44A, if the owner, operator, or manager elects to install submeters, during the term of any lease or agreement which includes the cost of electricity or gas consumed for the unit, the owner, operator, or manager shall determine the amount of electric or gas costs saved and pass this amount on to the occupant of the unit as a reduction in rent or payment.</text> </paragraph> <paragraph num="F."> <text>Definitions of Terms.</text> <paragraph num="(1)"> <text>“Apartment house” means a building or buildings with an electric or gas master meter, containing more than two dwelling units, all of which are rented primarily for non-transient use, with rental paid at intervals of 1 week or longer. The term includes residential condominiums and cooperatives, whether rented or owner-occupied.</text> </paragraph> <paragraph num="(2)"> <text>“Check flow” means a gas flow at 20—50 percent of the rated capacity of a meter.</text> </paragraph> <paragraph num="(3)"> <text>“Commercial rental unit” means any leased premises used for retail, commercial, clerical, or professional purposes.</text> </paragraph> <paragraph num="(4)"> <text>“Commission” means the Public Service Commission of Maryland.</text> </paragraph> <paragraph num="(5)"> <text>“Complaint agency” means the county or municipal landlord-tenant commission, if one exists, or, if not, the consumer protection agency of the county or municipality, if one exists, or, if not, the Consumer Protection Agency of the Office of the Attorney General; or any other agency or office designated for tenants' complaints.</text> </paragraph> <paragraph num="(6)"> <text>“Dwelling unit” means a room or rooms suitable for occupancy as a residence and containing kitchen and bathroom facilities.</text> </paragraph> <paragraph num="(7)"> <text>“Master meter” means a meter used by the utility to measure, for billing purposes, all electrical or gas energy and load usage within an apartment house, shopping center, or office building, and any associated common areas and common facilities.</text> </paragraph> <paragraph num="(8)"> <text>“Occupant” means the occupant or occupants of a dwelling unit in an apartment house, of a commercial rental unit in an office building, or of a commercial rental unit in a shopping center.</text> </paragraph> <paragraph num="(9)"> <text>“Office building” means a building or buildings with an electric or gas master meter or meters and two or more rental units used for clerical, commercial, professional, or retail purposes.</text> </paragraph> <paragraph num="(10)"> <text>“Owner” means any owner, operator, or manager of an apartment house, residential condominium, or cooperative, of a shopping center, or of an office building.</text> </paragraph> <paragraph num="(11)"> <text>“Shopping center” means any combination of privately owned commercial, professional, or retail establishments with an electric or gas master meter or meters and to which the general public is invited for business purposes.</text> </paragraph> <paragraph num="(12)"> <text>“Submeter” means an electrical energy or gas volume measuring device used in submetering.</text> </paragraph> <paragraph num="(13)"> <text>“Submetering” means the installation of equipment for the purpose of determining the actual use of electricity or gas per residential unit or commercial rental unit.</text> </paragraph> <paragraph num="(14)"> <text>“Unit” means a single dwelling unit or commercial rental unit.</text> </paragraph> <paragraph num="(15)"> <text>“Utility” means the public service company which supplies electric or gas service to the master meter.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="General Requirements."> <paragraph num="A."> <text>All Units Submetered. A unit in an apartment house, shopping center, or office building may not be submetered unless all units in that building are submetered.</text> </paragraph> <paragraph num="B."> <text>Information in Leases. All rental contracts or leases between the owner and an occupant shall clearly state that:</text> <paragraph num="(1)"> <text>The apartment house, office building, or shopping center is submetered;</text> </paragraph> <paragraph num="(2)"> <text>Bills for electric or gas consumption shall be rendered based on the submeter readings;</text> </paragraph> <paragraph num="(3)"> <text>Electricity or gas for all common areas and common facilities shall be the responsibility of the owner and not of the occupant; and</text> </paragraph> <paragraph num="(4)"> <text>A copy of the regulations governing submetering in apartment houses, office buildings, and shopping centers shall be provided to every occupant by the owner at no charge to the occupant.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Execution of Application. The owner may reserve the right to require the occupant, before any electricity or gas is delivered, to execute an application or agreement for the purchase of electricity or gas. The occupant, by accepting the electricity, agrees to be bound by the applicable terms and conditions.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Owners' Requirements."> <paragraph num="A."> <text>Right to Install Equipment. The owner has the right to install all necessary submetering equipment and wiring on the property occupied by the occupant in accordance with these regulations and with any other applicable national, State, or local codes or requirements.</text> </paragraph> <paragraph num="B."> <text>Equipment Accessibility. The occupant shall provide suitable space for the installation of submetering equipment. All submeters shall be installed where they will be readily accessible for reading, testing, and inspection, and where these activities will cause minimum interference and inconvenience to the occupant.</text> </paragraph> <paragraph num="C."> <text>Accessible to Owner. Access to submetering equipment shall be granted to the owner by the occupant.</text> </paragraph> <paragraph num="D."> <text>Installation and Ownership. All submetering equipment shall be furnished and installed by the owner and shall be owned and maintained by the owner.</text> </paragraph> <paragraph num="E."> <text>Responsibility for Maintenance. Maintenance, inspection, sealing, and testing of all submetering equipment shall be the responsibility of the owner.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Electric Submetering."> <paragraph num="A."> <text>Type of Submeter.</text> <paragraph num="(1)"> <text>All submeters installed in compliance with these regulations shall be of a type and class to properly and accurately register electrical consumption.</text> </paragraph> <paragraph num="(2)"> <text>The meter type and design shall meet the applicable provisions of the latest edition of the American National Standard for Electric Meters — Code for Electricity Metering, incorporated by reference in COMAR 20.50.02.02C.</text> </paragraph> <paragraph num="(3)"> <text>A submeter installed for billing purposes shall have been approved by the Commission.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Charges for Electricity. All charges for electricity used by an occupant shall be calculated from the readings of his or her submeter.</text> </paragraph> <paragraph num="C."> <text>Meter Accuracy. All submeters in service shall be tested by the owner as provided by this chapter.</text> </paragraph> <paragraph num="D."> <text>Fast Submetering. If an occupant's submeter is found to be more than 2 percent fast as a result of a test, the owner shall:</text> <paragraph num="(1)"> <text>Recalculate the occupant's bills for the lesser of the period of the occupant's service or the period since the submeter was last tested.</text> </paragraph> <paragraph num="(2)"> <text>Make a refund or a credit to the occupant, if the adjustment so calculated exceeds $1.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Slow Submeter. If a submeter is found to be more than 2 percent slow as a result of a test and the unbilled amount exceeds $5, the owner may bill the occupant 1/2 of the unbilled error for the period of the occupant's service, or since the submeter was last tested, whichever is less, but not for a period longer than 12 months.</text> </paragraph> <paragraph num="F."> <text>Accuracy Calculation. The average accuracy shall be the weighted average of the percentage registration at light load and at heavy load, giving the light load registration a weight of 1 and the heavy load registration a weight of 4.</text> </paragraph> <paragraph num="G."> <text>Overcharge Adjustment. If an occupant has been overcharged as a result of an incorrect submeter reading, incorrect calculation of the bill, or incorrect submeter connection, the owner shall credit or refund the amount of overcharge to the occupant.</text> </paragraph> <paragraph num="H."> <text>Undercharge Adjustment. If an occupant has been undercharged as a result of incorrect submeter reading, incorrect calculation of the bill, incorrect submeter connection, stopped submeter or similar reasons, the amount of undercharge may be billed to the occupant.</text> </paragraph> <paragraph num="I."> <text>Meter Test by Owner. Upon application by occupant, the owner shall test the submeter for accuracy, at a laboratory approved by the Commission or on-site with instruments approved by the Commission, with no charge to the occupant, provided that no test was made within the past 18 months.</text> </paragraph> <paragraph num="J."> <text>Testing upon Installation and Removal of Meters.</text> <paragraph num="(1)"> <text>A submeter may not be placed in service until it has been tested and adjusted by the owner at a laboratory approved by the Commission or on-site with instruments approved by the the Commission to within plus or minus 1 percent of 100 percent accuracy.</text> </paragraph> <paragraph num="(2)"> <text>If any submeter is removed from service or replaced by another submeter, it shall be properly tested and adjusted by the owner at a laboratory approved by the Commission before being placed in service again.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04-1" heading="Gas Submetering."> <paragraph num="A."> <text>Type of Submeter.</text> <paragraph num="(1)"> <text>All submeters installed in compliance with these regulations shall be of a type and class to properly and accurately register gas consumption.</text> </paragraph> <paragraph num="(2)"> <text>A submeter installed for billing purposes shall have been approved by the Commission.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Charges for Gas. All charges for gas used by an occupant shall be calculated from the readings of the occupant's submeter.</text> </paragraph> <paragraph num="C."> <text>Meter Accuracy. All submeters in service shall be tested by the owner as provided by this chapter.</text> </paragraph> <paragraph num="D."> <text>Fast Submetering. If an occupant's submeter is found to be more than 2 percent fast at check flow, the owner shall:</text> <paragraph num="(1)"> <text>Recalculate the occupant's bills for the lesser of the period of the occupant's service or the period since the submeter was last tested:</text> </paragraph> <paragraph num="(2)"> <text>Make a refund or a credit to the occupant, if the adjustment so calculated exceeds $1.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Slow Submeter. If a submeter is found to be more than 2 percent slow at check flow and the unbilled amount exceeds $5, the owner may bill the occupant 1/2 of the unbilled error for the period of the occupant's service, or since the submeter was last tested, whichever is less, not for a period longer than 12 months.</text> </paragraph> <paragraph num="F."> <text>Overcharge Adjustment. If an occupant has been overcharged as a result of an incorrect submeter reading, incorrect calculation of the bill, or incorrect submeter connection, the owner shall credit or refund the amount of overcharge to the occupant.</text> </paragraph> <paragraph num="G."> <text>Undercharge Adjustment. If an occupant has been undercharged as a result of an incorrect submeter reading, incorrect calculation of the bill, incorrect submeter connection, stopped submeter or similar reasons, the amount of undercharge may be billed to the occupant.</text> </paragraph> <paragraph num="H."> <text>Meter Test by Owner. Upon application by the occupant, the owner shall test the submeter for accuracy, at a laboratory approved by the Commission, with no charge to the occupant, provided that a test was not made in the past 18 months.</text> </paragraph> <paragraph num="I."> <text>Testing upon Installation and Removal of Meters.</text> <paragraph num="(1)"> <text>A submeter may not be placed in service until it has been tested and approved by the owner at a laboratory approved by the Commission to an accuracy of 98.5—100.5 percent.</text> </paragraph> <paragraph num="(2)"> <text>If a submeter is removed from service or replaced by another submeter, it shall be properly tested and adjusted by the owner at a laboratory approved by the Commission before being placed in service again.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Bills, Bill Forms, and Payments."> <paragraph num="A."> <text>Amount Billed to Occupant. The amount billed to any occupant shall be for only the quantity consumed by the unit, as recorded on the unit's submeter. Energy used in common areas and common facilities may not be billed to any occupant.</text> </paragraph> <paragraph num="B."> <text>Calculation of Bills.</text> <paragraph num="(1)"> <text>The occupants' bills shall be calculated as follows: After receipt of the bill from the utility, electric supplier, or gas supplier, the owner shall divide the total net bill by the total number of kilowatt-hours or cubic feet as shown on the bill, to determine an average unit cost. This average unit cost shall be multiplied by each occupant's kilowatt-hour or cubic feet consumption to obtain the occupant's monthly bill.</text> </paragraph> <paragraph num="(2)"> <text>The total master meter net bill on which the owner shall calculate the average unit cost shall include:</text> <paragraph num="(a)"> <text>Customer, energy, commodity, and demand charges by the utility, electric supplier, or gas supplier;</text> </paragraph> <paragraph num="(b)"> <text>State and local taxes and surcharges by the utility, electric supplier, or gas supplier; and</text> </paragraph> <paragraph num="(c)"> <text>Environmental surcharge by the utility, electric supplier, or gas supplier.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>The total master meter net bill on which the owner shall calculate the average unit cost shall exclude:</text> <paragraph num="(a)"> <text>Late payment charge, if any;</text> </paragraph> <paragraph num="(b)"> <text>Any connection charge;</text> </paragraph> <paragraph num="(c)"> <text>Any charge for a bad check; and</text> </paragraph> <paragraph num="(d)"> <text>Service charges.</text> </paragraph> </paragraph> </paragraph> <paragraph num="C."> <text>Unit of Measurement. The unit of measurement of the occupant's consumption shall be the kilowatt-hour (kWh) for electricity and cubic feet for gas.).</text> </paragraph> <paragraph num="D."> <text>Bill Information. The occupant's bill shall show:</text> <paragraph num="(1)"> <text>The bill date (the date the bill was prepared);</text> </paragraph> <paragraph num="(2)"> <text>The name of the occupant and the number, or other identification, of the unit;</text> </paragraph> <paragraph num="(3)"> <text>The dates and readings of the submeter at the beginning and at the end of the billing period;</text> </paragraph> <paragraph num="(4)"> <text>The amount of kilowatt-hours for electricity or cubic feet of gas billed in the billing period;</text> </paragraph> <paragraph num="(5)"> <text>The average unit cost used to compute the bill;</text> </paragraph> <paragraph num="(6)"> <text>The amount due for electricity or gas, the service charge by the owner, if any, the balance forward, and the total amount due;</text> </paragraph> <paragraph num="(7)"> <text>The name and address of the firm rendering the occupant's bill and the name and address where payment can be made;</text> </paragraph> <paragraph num="(8)"> <text>The name, address, and telephone number of the party which may be contacted in case of a dispute; and</text> </paragraph> <paragraph num="(9)"> <text>A statement to the effect that the bill is from the owner.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Estimated Bills.</text> <paragraph num="(1)"> <text>Estimated bills may not be rendered unless the submeter has been tampered with, is out of order, or access to it cannot be obtained, and in this case the bill shall be distinctly marked “estimated”.</text> </paragraph> <paragraph num="(2)"> <text>The estimate shall be based on consumption for a similar billing period when available, and if not available, on the preceding billing period.</text> </paragraph> <paragraph num="(3)"> <text>The subsequent bill based on actual submeter reading shall show the total period between actual readings and shall indicate credit for the preceding estimate.</text> </paragraph> </paragraph> <paragraph num="F."> <text>Mailing or Rendering of Bills.</text> <paragraph num="(1)"> <text>The owner shall render electric or gas bills to the occupants not later than 14 days after the owner receives the master meter bill from the utility.</text> </paragraph> <paragraph num="(2)"> <text>The submeters shall be read by the owner within 5 working days of the date the utility reads the master meter.</text> </paragraph> <paragraph num="(3)"> <text>Bills are due and payable upon receipt by the occupant and become past due if not paid within 20 days from the date of mailing or rendering.</text> </paragraph> </paragraph> <paragraph num="G."> <text>Relationships Between Meter Reading and Billing Dates.</text> </paragraph> <paragraph num="H."> <text>Service Charge. The owner may impose a service charge not to exceed $1 per unit per month to offset the administrative costs of billing.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Records."> <paragraph num="A."> <text>Billing Records.</text> <paragraph num="(1)"> <text>All records associated with the computation of charges rendered to occupants for electric or gas service shall be retained for a minimum period of 2 years.</text> </paragraph> <paragraph num="(2)"> <text>The owner shall maintain and make available for inspection by the occupant, upon request, the following records:</text> <paragraph num="(a)"> <text>The bills from the utility to the owner for the current month and the 24 preceding months;</text> </paragraph> <paragraph num="(b)"> <text>The calculation of the average cost of electricity or gas for the current month and the 24 preceding months; and</text> </paragraph> <paragraph num="(c)"> <text>The occupant's submeter readings and billings for the current month and the 24 preceding months.</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>Submeter Records.</text> <paragraph num="(1)"> <text>The owner shall maintain a record of all submeters, showing the submeter number and its location.</text> </paragraph> <paragraph num="(2)"> <text>All submeter accuracy tests shall be recorded. The record of each test shall show the identifying number of the submeter, the standard number, the date and kind of test made, by whom (including address), the accuracy at each electric load or gas flow rate tested, and sufficient data to permit verification of calculations. Records of test results of the submeter serving a unit shall be made available to the occupant of the unit upon request.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Commission Inspection. The complaint agency and the Commission shall have the right to inspect the records of the owner during reasonable business hours.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Complaints."> <paragraph num="A."> <text>Bill and Meter Accuracy Disputes. Any dispute relating to the occupant's bill and to the accuracy of his submeter is between the owner and the occupant, and excludes the utility.</text> </paragraph> <paragraph num="B."> <text>Complaint Procedures. Any complaint by an occupant against an owner shall be handled by the complaint agency. An occupant is not a customer of the utility. An occupant is not entitled to have complaint or other customer rights before the Commission.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Public Utilities Article, §§2-121 and 7-303, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: August 22, 1980 (7:17 Md. R. 1673)</annotation> <annotation type="History" subtype="Administrative History">Regulations .01 and .02 amended effective September 9, 1985 (12:18 Md. R. 1767)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01F amended effective March 31, 2003 (30:6 Md. R. 422)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04A amended effective March 31, 2003 (30:6 Md. R. 422); March 27, 2006 (33:6 Md. R. 579)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04D and E amended effective September 9, 1985 (12:18 Md. R. 1767)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04I, J amended effective March 31, 2003 (30:6 Md. R. 422)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04-1 adopted effective September 9, 1985 (12:18 Md. R. 1767)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04-1 amended effective March 31, 2003 (30:6 Md. R. 422)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05 amended effective September 9, 1985 (12:18 Md. R. 1767)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05B, D amended effective March 31, 2003 (30:6 Md. R. 422)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06A amended effective September 9, 1985 (12:18 Md. R. 1767)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06B amended effective March 31, 2003 (30:6 Md. R. 422)</annotation> </annotations> </chapter> </subtitle> <subtitle num="26" heading="Energy Allocation Systems"> <chapter num="01" heading="General"> <regulation prefix="Regulation" num=".01" heading="Applicability."> <paragraph num="A."> <text>The regulations contained in this subtitle govern the use of energy allocation systems which allocate to an occupant of an individual dwelling unit a portion of the cost of gas and electric energy consumed in an apartment house based upon devices which indirectly approximate use of gas or electric energy.</text> </paragraph> <paragraph num="B."> <text>An energy allocation system may not be used unless approved by the Commission under this subtitle.</text> </paragraph> <paragraph num="C."> <text>This subtitle does not apply to submeters which are governed by the provisions of COMAR 20.25.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this subtitle, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Apartment house” means a building containing more than two dwelling units all of which are rented primarily for a non-transient use, with rentals paid at intervals of one week or longer. Apartment house includes residential condominiums and cooperatives, whether rented or owner occupied.</text> </paragraph> <paragraph num="(2)"> <text>“Approximate energy use” means the gas or electricity use within a dwelling unit as determined by an energy allocation system.</text> </paragraph> <paragraph num="(3)"> <text>“Commission” means the Public Service Commission of Maryland.</text> </paragraph> <paragraph num="(4)"> <text>“Dwelling unit” means a room or rooms suitable for occupancy as a residence containing kitchen and bathroom facilities.</text> </paragraph> <paragraph num="(5)"> <text>“Energy allocation equipment” means a measuring device or other equipment used to determine approximate energy use by a means other than the actual measurement of consumption of gas or electricity.</text> </paragraph> <paragraph num="(6)"> <text>“Energy allocation system” means a method of determining the approximate energy use consumed within a dwelling unit with the use of a measuring device.</text> </paragraph> <paragraph num="(7)"> <text>“Estimated energy costs” means the cost of gas or electricity which is reasonably expected to be allocated to an occupant under an energy allocation system.</text> </paragraph> <paragraph num="(8)"> <text>“Measurement unit” means the measure of the characteristic recorded by a measuring device.</text> </paragraph> <paragraph num="(9)"> <text>“Measuring device” means a device which measures furnace operating or running time, baseboard pipe temperature or other characteristics used to determine approximate energy use.</text> </paragraph> <paragraph num="(10)"> <text>“Occupant” means the resident of a dwelling unit in an apartment house.</text> </paragraph> <paragraph num="(11)"> <text>“Owner” means a person or entity holding legal title to an apartment house or the board of directors or similar body of a residential condominium or cooperative. Owner includes an authorized agent of an owner.</text> </paragraph> <paragraph num="(12)"> <text>“Utility” means the public service company which supplies gas or electric service to the apartment house.</text> </paragraph> <paragraph num="(13)"> <text>“Vendor” means the entity which provides the energy allocation equipment and billing services to an owner.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Filing Requirements."> <paragraph num="A."> <text>An owner shall file an application with the Commission for approval of an energy allocation system.</text> </paragraph> <paragraph num="B."> <text>The application shall include the following information:</text> <paragraph num="(1)"> <text>The name and address of the owner;</text> </paragraph> <paragraph num="(2)"> <text>The name and address of the general partner, if the owner is a partnership;</text> </paragraph> <paragraph num="(3)"> <text>The name and address of the management agent, if any;</text> </paragraph> <paragraph num="(4)"> <text>The name and address of the apartment house;</text> </paragraph> <paragraph num="(5)"> <text>The number of individual dwelling units;</text> </paragraph> <paragraph num="(6)"> <text>A description of the energy allocation system, including a technical description of the energy allocation equipment;</text> </paragraph> <paragraph num="(7)"> <text>A description of the method for converting a measurement unit into approximate energy use;</text> </paragraph> <paragraph num="(8)"> <text>A description of the method for calculating the energy costs directly billed to an occupant, including the calculation of a per unit energy cost;</text> </paragraph> <paragraph num="(9)"> <text>A copy of all written information provided to an occupant including lease terms; and</text> </paragraph> <paragraph num="(10)"> <text>A copy of the proposed billing format.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Distribution of Application."> <paragraph num="A."> <text>The owner shall submit to the Commission an original and 14 copies of the application.</text> </paragraph> <paragraph num="B."> <text>The owner shall mail a copy of the application to the Consumer Protection Division, Office of The Attorney General, c/o “Energy Allocation Systems”.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Waiver of Regulations."> <text>The Commission may waive all or a portion of this subtitle if unreasonable hardship results.</text> </regulation> <annotations> <annotation type="Authority">Public Utilities Article, §7-304, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date:</annotation> <annotation type="History" subtype="Administrative History">Previously codified as 20.26.01.01—.03 and 20.26.02.01 and .02, adopted as an emergency provision effective July 19, 1988 (15:17 Md. R. 2046); emergency status extended at 15:27 Md. R. 3125</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.05 adopted effective May 15, 1989 (16:9 Md. R. 995)</annotation> </annotations> </chapter> <chapter num="02" heading="Approval Required by the Commission"> <regulation prefix="Regulation" num=".01" heading="General Conditions for Approval."> <paragraph num="A."> <text>The Commission may approve an energy allocation system upon a demonstration by the owner that the system results in a reasonable determination of the cost of the energy use within a dwelling unit.</text> </paragraph> <paragraph num="B."> <text>The Commission may require testing and inspection of the energy allocation equipment.</text> </paragraph> <paragraph num="C."> <text>The Commission may require testing and inspection of any furnace, appliance, or other equipment used in conjunction with the energy allocation system.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Direct Billing of Energy Costs."> <paragraph num="A."> <text>An owner using an energy allocation system shall directly bill an occupant only for the cost of the approximate energy use within a dwelling unit as determined through the use of energy allocation equipment.</text> </paragraph> <paragraph num="B."> <text>An owner using an energy allocation system may not directly bill an occupant for:</text> <paragraph num="(1)"> <text>The cost of gas or electricity consumed in the operation of the apartment house that is not consumption within a dwelling unit as approximated by the use of an energy allocation system;</text> </paragraph> <paragraph num="(2)"> <text>Administrative fees or charges.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Required Billing Format."> <text>The owner shall include in each direct billing of energy costs to the occupant the following information:</text> <paragraph num="A."> <text>Bill date (the date the bill was prepared);</text> </paragraph> <paragraph num="B."> <text>Time period covered by the bill (billing period);</text> </paragraph> <paragraph num="C."> <text>Readings of the measurement device at the beginning and at the end of the billing period;</text> </paragraph> <paragraph num="D."> <text>Number of the measurement units recorded by the measuring device;</text> </paragraph> <paragraph num="E."> <text>Approximate energy use;</text> </paragraph> <paragraph num="F."> <text>Per unit energy charge;</text> </paragraph> <paragraph num="G."> <text>Total energy costs billed to the occupant;</text> </paragraph> <paragraph num="H."> <text>A statement that the bill is not from the utility; and</text> </paragraph> <paragraph num="I."> <text>A local or toll-free telephone number for billing inquiries.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Substitute Bills."> <paragraph num="A."> <text>If the energy allocation system has been approved by the Commission, the owner may not render substitute bills, unless the energy allocation system has been tampered with or is out of order.</text> </paragraph> <paragraph num="B."> <text>A substitute bill shall be distinctly marked as such.</text> </paragraph> <paragraph num="C."> <text>The substitute bill shall be based on consumption for a similar billing period in the affected unit, if available, or if not available the substitute bill shall be an average of the bills rendered to all similarly sized units in the apartment house. If none of the above data is available then the substitute bill shall be based upon a square footage allocation.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Rendering of Bills."> <paragraph num="A."> <text>The owner shall bill an occupant for energy costs within 20 days after the owner receives the master meter bill from the utility.</text> </paragraph> <paragraph num="B."> <text>The owner shall read the measuring devices within 5 working days of the date the utility reads the master meter.</text> </paragraph> <paragraph num="C."> <text>An owner can not consider a bill for energy costs past due earlier than 20 days from the date of the rendering of the bill to the occupant.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Monitoring of Energy Allocation System."> <paragraph num="A."> <text>The owner shall obtain monthly reports from the vendor which identify incidences of unusually high or low usage for dwelling units.</text> </paragraph> <paragraph num="B."> <text>The owner shall investigate any unusually high or low usage and, if it is found that a problem exists, or if a written complaint has been filed by the occupant, the owner shall provide a written explanation to the occupant within 20 days of receipt of the monthly report from the vendor.</text> </paragraph> <paragraph num="C."> <text>The owner shall take appropriate action to correct the unusually high or low usage caused by factors under the control of the owner.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Records."> <paragraph num="A."> <text>Billing Records.</text> <paragraph num="(1)"> <text>A record associated with the computation of energy costs billed to an occupant shall be maintained for a period of 2 years.</text> </paragraph> <paragraph num="(2)"> <text>The owner shall maintain the following records:</text> <paragraph num="(a)"> <text>The bills from the utility to the owner for the preceding 24 months;</text> </paragraph> <paragraph num="(b)"> <text>The calculation of the average cost of electricity and gas for each of the preceding 24 months; and</text> </paragraph> <paragraph num="(c)"> <text>The readings of the measuring device in the dwelling unit of the occupant for each of the preceding 24 months.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Upon request by an occupant, the owner shall make available for inspection the records maintained under § A(2).</text> </paragraph> </paragraph> <paragraph num="B."> <text>The owner shall maintain a record of all measuring devices showing an identification number and its location.</text> </paragraph> <paragraph num="C."> <text>The owner shall maintain a record of all written complaints received and copies of the inspection reports prepared under COMAR 20.26.03.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Public Utilities Article, §7-304, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date:</annotation> <annotation type="History" subtype="Administrative History">Previously codified as 20.26.03.01—.03; adopted as an emergency provision effective July 19, 1988 (15:17 Md. R. 2046); emergency status extended at 15:27 Md. R. 3125</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.07 adopted effective May 15, 1989 (16:9 Md. R. 995)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05A amended effective May 28, 1990 (17:10 Md. R. 1219)</annotation> </annotations> </chapter> <chapter num="03" heading="Disclosure of Estimated Energy Costs and Complaint Procedure"> <regulation prefix="Regulation" num=".01" heading="General Requirement."> <text>An owner shall disclose in writing to a current or prospective occupant prior to the execution or modification of a lease:</text> <paragraph num="(1)"> <text>That the owner will directly bill the occupant for energy costs as determined by an energy allocation system; and</text> </paragraph> <paragraph num="(2)"> <text>The estimated energy costs reasonably expected to be incurred by the occupant calculated in a manner as described in Regulation .03 of this chapter.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Disclosure of the Use of Energy Allocation System."> <paragraph num="A."> <text>The owner shall disclose in writing to a current or prospective occupant all material aspects of the energy allocation system including, but not limited to:</text> <paragraph num="(1)"> <text>The measurement unit recorded by the measuring device;</text> </paragraph> <paragraph num="(2)"> <text>The method for converting measurement units into the approximate energy use and the energy costs;</text> </paragraph> <paragraph num="(3)"> <text>The method for calculating the per unit charge for energy consumed;</text> </paragraph> <paragraph num="(4)"> <text>How questions and complaints of an occupant concerning bills will be answered by the owner; and</text> </paragraph> <paragraph num="(5)"> <text>A statement that the energy allocation system:</text> <paragraph num="(a)"> <text>Approximates the amount of gas or electricity consumed in the dwelling unit by use of an energy allocation or conversion formula, and</text> </paragraph> <paragraph num="(b)"> <text>Does not measure the actual use of gas or electricity.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Estimated Energy Costs."> <paragraph num="A."> <text>An owner who has previously determined the approximate energy usage for a dwelling unit by the use of an energy allocation system, including use of a system before the promulgation of the regulations, shall disclose to a current or prospective occupant:</text> <paragraph num="(1)"> <text>The highest monthly energy cost billed to the same dwelling unit in a month the dwelling unit was leased during the preceding 12 months;</text> </paragraph> <paragraph num="(2)"> <text>The lowest monthly energy cost billed to the same dwelling unit in a month the dwelling unit was leased during the preceding 12 months;</text> </paragraph> <paragraph num="(3)"> <text>The average monthly energy cost billed to the same dwelling unit for the preceding 12 months including only months the dwelling unit was leased for the entire month; and</text> </paragraph> <paragraph num="(4)"> <text>The average monthly energy costs billed to similar sized leased dwelling units in the preceding 12 months.</text> </paragraph> </paragraph> <paragraph num="B."> <text>If the owner has not previously used an energy allocation system within the apartment house:</text> <paragraph num="(1)"> <text>The owner shall disclose estimated energy costs in the following priority based on:</text> <paragraph num="(a)"> <text>Actual billing to similar sized dwelling units in other apartment houses within the same apartment house complex,</text> </paragraph> <paragraph num="(b)"> <text>The actual operating experience of the vendor for similar sized dwelling units in other apartment house complexes of comparable age, size, equipment, and geographic location, or</text> </paragraph> <paragraph num="(c)"> <text>A square footage allocation derived from gas or electric bills received by the owner from the utility with a reasonable allowance for common usage and, if necessary, seasonally adjusted;</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>The owner shall provide the estimated energy costs required in §B(1) in terms of an average monthly bill, the highest monthly bill, and the lowest monthly bill.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Disclosures of Influences on Energy Usage and Costs."> <paragraph num="A."> <text>The owner shall provide to the current or prospective occupant the document “Influences on Energy Usage and Costs” prepared by the Consumer Protection Division.</text> </paragraph> <paragraph num="B."> <text>The owner shall disclose in writing to the prospective or current occupant the nature and extent of the weatherization of the apartment unit including, but not limited to the extent of insulation of walls and ceiling, the age of the energy device (for example, furnace) and the directional exposure (for example, north, south) of the unit.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Procedure for Handling Occupant Complaints."> <text>If an occupant contacts the owner concerning the correctness of the energy costs billed to an occupant:</text> <paragraph num="A."> <text>The owner shall provide to the occupant a complaint form available from the Commission and request the occupant to complete the form;</text> </paragraph> <paragraph num="B."> <text>The owner shall provide the occupant with the name and address of the apartment house manager or other person who will receive the completed complaint form;</text> </paragraph> <paragraph num="C."> <text>The owner shall provide the occupant with written confirmation from the vendor within 15 business days of receiving a written complaint from an occupant that the bill does not contain a clerical, mathematical, or computational error;</text> </paragraph> <paragraph num="D."> <text>If the bill in question does not contain an error described in §C, the owner shall inspect the energy allocation equipment and the dwelling unit of the occupant;</text> </paragraph> <paragraph num="E."> <text>The owner shall provide the occupant with a copy of the written results of the inspections conducted pursuant to the requirement in §D, prepared on forms available from the Commission, within 30 days of the receipt of the complaint;</text> </paragraph> <paragraph num="F."> <text>The failure of the occupant to complete the occupant complaint form does not relieve the owner of the requirements of this section;</text> </paragraph> <paragraph num="G."> <text>The owner shall also provide to the occupant in writing, along with the written reports required under §E, what, if any, remedial actions have been or will be taken.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Referral to Consumer Protection Division."> <text>If the complaint has not been resolved, the owner shall advise the occupant in writing that a formal complaint concerning an amount billed to the occupant pursuant to an energy allocation system may be filed with the Consumer Protection Division, Office of the Attorney General.</text> </regulation> <annotations> <annotation type="Authority">Public Utilities Article, §7-304, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date:</annotation> <annotation type="History" subtype="Administrative History">Previously codified as 20.26.04.01—.04 and 20.26.05.01 and .02, adopted as an emergency provision effective July 19, 1988 (15:17 Md. R. 2046); emergency status extended at 15:27 Md. R.</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.06 adopted effective May 15, 1989 (16:9 Md. R. 995)</annotation> </annotations> </chapter> </subtitle> <subtitle num="30" heading="Customer Deposits, Late Payment Charges, and Customers' Rights Pamphlet"> <chapter num="01" heading="Nonresidential Customer Deposits"> <regulation prefix="Regulation" num=".01" heading="Declaration of Public Policy."> <paragraph num="A."> <text>The Public Service Commission of Maryland, in these regulations referred to as the “Commission”, declares that it is in the public interest for each utility to administer fairly and without discrimination a reasonable policy reflected by written regulations, in accordance with these regulations, which will permit an applicant for permanent nonresidential service to establish, or an existing nonresidential customer to reestablish, credit with the utility for the use of its service.</text> </paragraph> <paragraph num="B."> <text>The Commission further declares that when it is necessary for an applicant or customer to make a cash deposit to establish or reestablish credit in accordance with these regulations, the making of this deposit is in the public interest because it avoids, to the extent practicable, the creation of a burden arising from uncollectible bills which would have to be borne ultimately by all the utility's ratepayers.</text> </paragraph> <paragraph num="C."> <text>The Commission further declares that the essential ingredient in each utility's administration of its deposit policy, as expressed by these regulations, is the equitable and indiscriminate application of that policy to all applicants for service and customers throughout its service area without regard to the economic character of the area or any part of it, and that this deposit policy shall be predicated upon the credit risk of the applicant (or customer) without regard to the collective credit reputation of the area in which the applicant does business.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Establishment of Credit."> <paragraph num="A."> <text>A utility may require each applicant for nonresidential service to establish credit in compliance with the methods and procedures listed in §B of this regulation.</text> </paragraph> <paragraph num="B."> <text>Methods of Establishing Credit.</text> <paragraph num="(1)"> <text>In order to establish credit, a utility may require an applicant for nonresidential service to demonstrate good paying habits by showing that the applicant:</text> <paragraph num="(a)"> <text>Was a customer of a Maryland utility for at least 12 months within the preceding 2 years;</text> </paragraph> <paragraph num="(b)"> <text>Does not currently owe any outstanding bills for utility service to a utility doing business in Maryland;</text> </paragraph> <paragraph num="(c)"> <text>Did not have service discontinued for nonpayment of a utility bill during the last 12 months that service was provided; and</text> </paragraph> <paragraph num="(d)"> <text>Did not fail, on more than two occasions during the last 12 months that service was provided, to pay a utility bill when it became due.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>In addition to demonstrating good paying habits under §B(1) of this regulation, a utility may require an applicant for nonresidential service to satisfy any one of the following in order to establish credit:</text> <paragraph num="(a)"> <text>Showing that the applicant has been actively engaging in its current business as a proprietorship, partnership, or corporation for a period of at least 4 years;</text> </paragraph> <paragraph num="(b)"> <text>Demonstrating credit worthiness by showing that the applicant has made payment on credit accounts when due;</text> </paragraph> <paragraph num="(c)"> <text>Furnishing a guaranty satisfactory to the utility, furnishing an irrevocable commercial letter of credit, or securing a bond drawn against an insurance company acceptable to the utility to secure payments of bills for the service requested in an amount not to exceed the amount of cash deposit prescribed in Regulation .04 of this chapter; or</text> </paragraph> <paragraph num="(d)"> <text>Otherwise establishing the applicant's credit to the satisfaction of the utility in conformance with additional reasonable regulations which it may adopt.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>A guaranty under §B(2)(c) of this regulation shall be in writing and shall continue in effect for 4 years from the date issued or until the customer's credit is otherwise established.</text> </paragraph> <paragraph num="(4)"> <text>Determination of credit worthiness under §B(2)(b) of this regulation shall be based upon information supplied through normal business credit reporting agencies, acceptable current financial statements, or other established accounts maintained in a satisfactory manner.</text> </paragraph> <paragraph num="(5)"> <text>If an applicant for nonresidential service is unable to establish credit under the provisions of §B(1) and (2) of this regulation, a utility may require the applicant to establish credit by making a cash deposit to secure payment of a final bill for service under Regulation .04 of this chapter.</text> </paragraph> <paragraph num="(6)"> <text>If a utility requests from an applicant credit or financial information under §B(4) of this regulation, and the information is not provided by the applicant within a reasonable time, the utility may require a deposit from an applicant under Regulation .04 of this chapter as a condition of providing service.</text> </paragraph> <paragraph num="(7)"> <text>The establishment of credit under this regulation does not relieve the applicant or customer from compliance with the reasonable regulations of the utility as to prompt payment of bills, and does not relieve the customer from having service terminated for nonpayment of bills due from service furnished.</text> </paragraph> <paragraph num="(8)"> <text>A utility shall advise all applicants for service that a customer may be required to reestablish credit under this regulation, if the conditions of service or the basis on which credit was originally established materially change.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Reestablishment of Credit."> <paragraph num="A."> <text>A utility may require an applicant for service who is a present or former nonresidential customer of that utility to reestablish credit under Regulation .02 of this chapter at the time of application if one of the following exists:</text> <paragraph num="(1)"> <text>Customer owes an outstanding bill for a prior nonresidential service;</text> </paragraph> <paragraph num="(2)"> <text>Customer's nonresidential account has been terminated by the utility within the last 12 months of prior service for nonpayment of a bill;</text> </paragraph> <paragraph num="(3)"> <text>Customer failed to pay a nonresidential bill when it became due on more than two occasions in the last 12 months of prior service;</text> </paragraph> <paragraph num="(4)"> <text>Customer's nonresidential account is more than 1 month in arrears; or</text> </paragraph> <paragraph num="(5)"> <text>Conditions of service or the basis on which the customer's credit was originally established have materially changed.</text> </paragraph> </paragraph> <paragraph num="B."> <text>A nonresidential customer who has established credit and is receiving service but who fails to pay a bill by the expiration date of a termination of service notice, may be required by the utility to reestablish credit by depositing the amount prescribed in Regulation .04 of this chapter, in addition to paying the outstanding bill and a reasonable reconnection charge.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03-1" heading="Denial of Service."> <paragraph num="A."> <text>Except as prohibited by State or federal law, a utility may refuse to connect or may disconnect service for a former nonresidential customer unless the customer has paid or made satisfactory arrangements to pay any outstanding bill, or undisputed portion of a disputed bill, for prior nonresidential service.</text> </paragraph> <paragraph num="B."> <text>A utility may not refuse service to a customer for nonpayment of an outstanding bill that is over 7 years old, unless the:</text> <paragraph num="(a)"> <text>Customer signed an agreement to pay the outstanding bill before the expiration of this period; or</text> </paragraph> <paragraph num="(b)"> <text>Outstanding bill is for service obtained by the customer in any manner described in COMAR 20.31.02.03D or COMAR 20.31.02.04A(1)—(4).</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Deposit."> <paragraph num="A."> <text>Amount of Deposit. The deposit required by the utility may not be less than $5, and it may not be more than the maximum estimated charge for service for two consecutive billing periods, or 90 days, whichever is less, or as may reasonably be required by the utility in cases involving service for short periods or special occasions.</text> </paragraph> <paragraph num="B."> <text>Payment of Deposit. If requested by the applicant, the utility shall provide some means by which a deposit amount of $100 or more may be paid by the customer in installments over a period of at least 8 weeks. The customer shall be notified of this right at the time of the initial request for deposit. The provisions of this section do not apply to utilities providing telephone service.</text> </paragraph> <paragraph num="C."> <text>Deposit Receipt. Each utility shall issue a receipt of deposit to each customer from whom a deposit is received, and shall provide means by which a depositor may establish his claim if his receipt is lost.</text> </paragraph> <paragraph num="D."> <text>Interest on Deposits.</text> <paragraph num="(1)"> <text>Each utility shall pay simple per annum interest on a deposit from the date of receipt by the utility.</text> </paragraph> <paragraph num="(2)"> <text>The rate of the interest in §D(1) of this regulation shall be a weighted monthly average of calendar year rates appropriate to the holding period.</text> </paragraph> <paragraph num="(3)"> <text>Calendar Year Rates.</text> <paragraph num="(a)"> <text>The calendar year rates shall be established in December of each year to be effective January 1 of the following year.</text> </paragraph> <paragraph num="(b)"> <text>The rate shall be equal to the average of the percent yields of 1-year treasury constant maturities for September, October, and November of the preceding year.</text> </paragraph> </paragraph> </paragraph> <paragraph num="E."> <text>Payment of Interest. Interest shall be paid annually, if requested by the customer, or at the time the deposit is returned.</text> </paragraph> <paragraph num="F."> <text>Cessation of Interest. The obligation to pay interest on a deposit shall cease upon:</text> <paragraph num="(1)"> <text>The date it is returned;</text> </paragraph> <paragraph num="(2)"> <text>The date service is terminated; or</text> </paragraph> <paragraph num="(3)"> <text>The date notice is sent to the customer's last known address that the deposit is no longer required.</text> </paragraph> </paragraph> <paragraph num="G."> <text>Record of Deposit. Each utility shall keep records to show:</text> <paragraph num="(1)"> <text>The name and address of each depositor;</text> </paragraph> <paragraph num="(2)"> <text>The amount and date of the deposit;</text> </paragraph> <paragraph num="(3)"> <text>Each transaction concerning the deposit (a deposit waiver is not considered a transaction).</text> </paragraph> </paragraph> <paragraph num="H."> <text>Record of Unclaimed Deposits. A record of each unclaimed deposit shall be maintained for at least 3 years, during which time the utility shall make reasonable efforts to return the deposit.</text> </paragraph> <paragraph num="I."> <text>Unclaimed Deposits. Unclaimed deposits, with accrued interest, shall be credited to an appropriate account, or shall otherwise be disposed of in accordance with Commercial Law Article, Title 17, Annotated Code of Maryland.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Refund of Deposit."> <paragraph num="A."> <text>Discontinuance of Service. Upon discontinuance of service, the utility, within 45 days, shall automatically refund the customer's deposit plus accrued interest, or the balance, if any, in excess of the unpaid bills including any penalties assessed for service furnished by the utility. A transfer of service from one premises to another within the service area of the utility may not be deemed a discontinuance of service within the meaning of these regulations.</text> </paragraph> <paragraph num="B."> <text>Good Payment Record.</text> <paragraph num="(1)"> <text>The utility shall promptly and automatically refund the deposit plus accrued interest under the following conditions:</text> <paragraph num="(a)"> <text>The customer has paid bills for service for the first 4 years of service following payment of his deposit without having had service discontinued for nonpayment of bills within the last 2 years;</text> </paragraph> <paragraph num="(b)"> <text>The customer has paid all bills without having had more than two occasions within the last 12 months in which a bill was not paid in a reasonable period after it became due;</text> </paragraph> <paragraph num="(c)"> <text>The customer is not presently delinquent in the payment of his bills;</text> </paragraph> <paragraph num="(d)"> <text>The customer has not presented a bad check in payment of his bills within the last 2 years; and</text> </paragraph> <paragraph num="(e)"> <text>Detrimental credit information has not been recorded against the customer within the last 2 years.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>If a customer does not meet the foregoing conditions, the utility shall thereafter review the account every 12 months, and shall promptly and automatically refund the deposit plus accrued interest when the customer has met these standards.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Establishment of Credit. The utility shall promptly return the deposit plus accrued interest at any time upon request if the customer's credit has been established in accordance with the methods specified in Regulation .02B of this chapter, provided the customer does not owe outstanding bills for the service and meets the criteria set forth in §B of this regulation.</text> </paragraph> <paragraph num="D."> <text>Option of Utility. The utility may refund a deposit plus accrued interest, in whole or in part, earlier than the times prescribed in this regulation.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05-1" heading="Use of Deposit."> <text>A utility may apply a nonresidential customer deposit plus accrued interest, first against any unpaid balance due the utility for nonresidential service as determined by the final bill issued to the customer, and then against any unpaid balance due the utility on any other nonresidential account of that customer.</text> </regulation> <regulation prefix="Regulation" num=".06" heading="Appeal by Applicant or Customer."> <paragraph num="A."> <text>Appeal to Utility Supervisory Personnel. Each utility shall direct its personnel engaged in initial contact with an applicant for service, or customer seeking to establish or reestablish credit under the provisions of these regulations, to refer the applicant or customer, at his request, to supervisory personnel for further consideration of his problem.</text> </paragraph> <paragraph num="B."> <text>Appeal to Commission Personnel. Each utility shall further direct this supervisory personnel to inform the applicant or customer who expresses dissatisfaction with the decision of the supervisory personnel, of his right to have the problem reviewed by the Commission, and shall furnish him with the business address and telephone number of the Commission.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Information to Customers."> <text>Each utility, upon request, shall furnish a copy of these regulations to the applicant for service or customer from whom a deposit is required. This copy shall contain the name, address, and telephone number of the Commission.</text> </regulation> <annotations> <annotation type="Authority">Public Utilities Article, §§2-113, 2-121, 4-503(a), 5-101, and 5-105, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: January 26, 1979 (6:2 Md. R. 75)</annotation> <annotation type="History" subtype="Administrative History">Regulations .02 and .03 repealed effective November 18, 1985 (12:23 Md. R. 2221)</annotation> <annotation type="History" subtype="Administrative History">Regulations .02, .03, .03-1, and .05-1 adopted effective November 18, 1985 (12:23 Md. R. 2221)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03-1 amended effective May 10, 1993 (20:9 Md. R. 779)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04D amended effective November 18, 1985 (12:23 Md. R. 2221); March 1, 1993 (20:4 Md. R. 372)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04F amended effective November 18, 1985 (12:23 Md. R. 2221)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04I amended effective September 21, 2009 (36:19 Md. R. 1438)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05C amended effective November 18, 1985 (12:23 Md. R. 2221)</annotation> </annotations> </chapter> <chapter num="02" heading="Residential Customer Deposits"> <regulation prefix="Regulation" num=".01" heading="Declaration of Public Policy."> <paragraph num="A."> <text>The Public Service Commission of Maryland, in these regulations referred to as the “Commission,” declares that it is in the public interest for each utility to fairly and without discrimination administer a reasonable policy reflected by written regulations, in accord with these regulations, which will permit an applicant for permanent residential service to establish, or an existing residence customer to re-establish, credit with the utility for the use of its service.</text> </paragraph> <paragraph num="B."> <text>The Commission further declares that when it is necessary for an applicant or customer to make a cash deposit to establish or re-establish credit in accord with these regulations, the making of the deposit is in the public interest because it avoids, to the extent practicable, the creation of a burden arising from uncollectible bills which would have to be borne ultimately by all the utility's rate payers.</text> </paragraph> <paragraph num="C."> <text>The Commission further declares that the essential ingredient in each utility's administration of its deposit policy, as expressed by these regulations, is the equitable and indiscriminate application of that policy to all applicants for service and customers throughout its service area without regard to the economic character of the area or any part of it, and that this deposit policy shall be predicated upon the credit risk of the individual without regard to the collective credit reputation of the area in which he lives.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Establishment of Credit."> <paragraph num="A."> <text>Except as provided in §C of this regulation, a utility may require each applicant for residential service to establish credit in compliance with the methods and procedures listed in §B of this regulation.</text> </paragraph> <paragraph num="B."> <text>Methods of Establishing Credit.</text> <paragraph num="(1)"> <text>In order to establish credit, a utility may require an applicant for residential service to demonstrate good paying habits by showing that the applicant:</text> <paragraph num="(a)"> <text>Was a customer of a Maryland utility within the preceding 2 years;</text> </paragraph> <paragraph num="(b)"> <text>Does not currently owe any outstanding bills for utility service to a utility doing business in Maryland;</text> </paragraph> <paragraph num="(c)"> <text>Did not have service discontinued for non-payment of a utility bill during the last 12 months that service was provided; and</text> </paragraph> <paragraph num="(d)"> <text>Did not on more than two occasions during the last 12 months that service was provided, fail to pay a utility bill when it became due.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>In addition to demonstrating good paying habits under §B(1), a utility may require an applicant for residential service to satisfy any one of the following in order to establish credit:</text> <paragraph num="(a)"> <text>Certifying continuous employment for 3 years with current employer;</text> </paragraph> <paragraph num="(b)"> <text>Showing the ownership of or a contract for the purchase of the dwelling unit for which service is requested and either occupying it or intending to occupy it as the applicant's personal place of residence;</text> </paragraph> <paragraph num="(c)"> <text>Furnishing a guaranty satisfactory to the utility to secure payment of bills for the service requested in an amount not to exceed the amount of the cash deposit under Regulation .04 of this chapter; or</text> </paragraph> <paragraph num="(d)"> <text>Otherwise establishing credit satisfactory to the utility in conformance with additional reasonable regulations which it may adopt.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>A guaranty under §B(2)(c) shall be in writing and continue in effect for 1 year from the installation date of the service, or until the applicant's credit is otherwise established.</text> </paragraph> <paragraph num="(4)"> <text>If an applicant for residential service is unable to establish credit under the provisions of §B(1) and (2), a utility may require the applicant to establish credit by making a cash deposit to secure payment of a final bill for service under Regulation .04.</text> </paragraph> <paragraph num="(5)"> <text>If an applicant is subject to outstanding judgments, a utility may require the applicant to establish credit by furnishing a guaranty under §B(2)(c) and (3), or by making a cash deposit under Regulation .04 of this chapter.</text> </paragraph> <paragraph num="(6)"> <text>The establishment of credit under this regulation does not relieve the applicant or customer from compliance with the reasonable regulations of the utility as to prompt payment of bills, and does not relieve the customer from having service terminated for non-payment of bills due for service furnished.</text> </paragraph> <paragraph num="(7)"> <text>A utility shall advise all applicants for service that a customer may be required to reestablish credit under Regulation .03 if the conditions of service or the basis on which credit was originally established materially change.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Exemption for Individuals 60 Years Old or Older. An individual 60 years old or older applying only for residential service is exempt from any cash deposit requirement if the individual presents satisfactory proof of:</text> <paragraph num="(1)"> <text>Age;</text> </paragraph> <paragraph num="(2)"> <text>Intent to be the primary consumer of the service as evidenced by lease, mortgage, rental agreement, or title to the dwelling unit to be served being maintained in the name of the applicant; and</text> </paragraph> <paragraph num="(3)"> <text>The absence of any outstanding bill owed to a utility for service.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Reestablishment of Credit."> <paragraph num="A."> <text>A utility may require an applicant for residential service who is a present or former residential customer of that utility to reestablish credit under Regulation .02 of this chapter at the time of the application if one of the following exists:</text> <paragraph num="(1)"> <text>Customer owes an outstanding bill for a prior residential service;</text> </paragraph> <paragraph num="(2)"> <text>Customer's residential account had been terminated by the utility during the last 12 months of prior service because of nonpayment of bills;</text> </paragraph> <paragraph num="(3)"> <text>Customer failed to pay a bill when it became due on more than two occasions in the last 12 months of prior service;</text> </paragraph> <paragraph num="(4)"> <text>Customer's residential account is more than 2 months in arrears; or</text> </paragraph> <paragraph num="(5)"> <text>Conditions of service or the basis on which the customer's credit was originally established have materially changed.</text> </paragraph> </paragraph> <paragraph num="B."> <text>A residential customer who has established credit and is receiving service, but who fails to pay a bill by the expiration date of a termination of service notice, may be required by the utility to reestablish credit by depositing the amount prescribed in Regulation .04 of this chapter in addition to paying the outstanding bill and a reasonable reconnection charge, provided that any prior deposit paid by the customer has been refunded.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Deposit."> <paragraph num="A."> <text>Amount of Deposit. The deposit required by the utility may not be less than $5 or more in amount than 2/12 of the estimated charges for service for the ensuing 12 months, except that an amount equal to 3/12 of the estimated charge for service for the ensuing 12 months will be permitted for those utilities which bill quarterly. If the actual billing is substantially different from the estimated charge for service, then the amount of the deposit may be adjusted to the applicable proportion of the actual billing.</text> </paragraph> <paragraph num="B."> <text>Deposit Receipt. Each utility shall issue a receipt of deposit to each customer from whom a deposit is received, and shall provide means by which a depositor may establish his claim if his receipt is lost.</text> </paragraph> <paragraph num="C."> <text>Interest on Deposits.</text> <paragraph num="(1)"> <text>Each utility shall pay simple per annum interest on a deposit from the date of receipt by the utility.</text> </paragraph> <paragraph num="(2)"> <text>The rate in §C(1) of this regulation shall be a weighted monthly average of calendar year rates appropriate to the holding period.</text> </paragraph> <paragraph num="(3)"> <text>Calendar Year Rates.</text> <paragraph num="(a)"> <text>The calendar year rates shall be established in December of each year to be effective January 1 of the following year.</text> </paragraph> <paragraph num="(b)"> <text>The rate shall be equal to the average of the percent yields of 1-year treasury constant maturities for September, October, and November of the preceding year.</text> </paragraph> </paragraph> </paragraph> <paragraph num="D."> <text>Payment of Interest. Interest shall be paid annually, if requested by the customer, or at the time the deposit is returned.</text> </paragraph> <paragraph num="E."> <text>Cessation of Interest. The obligation to pay interest on a deposit shall cease upon one of the following events:</text> <paragraph num="(1)"> <text>The date it is returned or credited to the customer's bill for service;</text> </paragraph> <paragraph num="(2)"> <text>The date service is terminated; or</text> </paragraph> <paragraph num="(3)"> <text>The date notice is sent to the customer's last known address that the deposit is no longer required.</text> </paragraph> </paragraph> <paragraph num="F."> <text>Record of Deposit. Each utility shall keep records to show:</text> <paragraph num="(1)"> <text>The name and address of each depositor;</text> </paragraph> <paragraph num="(2)"> <text>The amount and date of the deposit; and</text> </paragraph> <paragraph num="(3)"> <text>Each transaction concerning the deposit.</text> </paragraph> </paragraph> <paragraph num="G."> <text>Unclaimed Deposits. Unclaimed deposits, with accrued interest, shall be credited to an appropriate account, or shall otherwise be disposed of in accordance with Commercial Law Article, Title 17, Annotated Code of Maryland.</text> </paragraph> <paragraph num="H."> <text>Payment of Deposit.</text> <paragraph num="(1)"> <text>A utility shall provide an installment plan for the payment of deposits in excess of $50.</text> </paragraph> <paragraph num="(2)"> <text>The installment plan may require a customer to pay the greater of $50 or one-third of the total deposit by the date that service is provided.</text> </paragraph> <paragraph num="(3)"> <text>A utility shall offer a customer the option to pay a required deposit amount:</text> <paragraph num="(a)"> <text>Between $50 and $150 in even installments over a period of at least 8 weeks; or</text> </paragraph> <paragraph num="(b)"> <text>Over $150 in even installments over a period of at least 12 weeks.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>The customer shall be notified of this right at the time of the initial deposit request and in the utility's customer rights pamphlet.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04-1" heading="Use of Deposit."> <text>A utility may apply a residential customer deposit plus accrued interest, first against any unpaid balance due the utility for that service as determined by the final bill issued to the customer, and then against any unpaid balance due the utility on any other residential account of that customer.</text> </regulation> <regulation prefix="Regulation" num=".05" heading="Refund of Deposit."> <paragraph num="A."> <text>Discontinuance of Service. Upon discontinuance of service, the utility shall promptly and automatically refund the customer's deposit plus accrued interest, or the balance, if any, in excess of the unpaid bills for service furnished by the utility. A transfer of service from one premises to another within the service area of the utility may not be deemed a discontinuance of service within the meaning of these regulations.</text> </paragraph> <paragraph num="B."> <text>Good Payment Record. If the customer has paid bills for service for the first 12 months of service following payment of his deposit without having had service discontinued for non-payment of bill or without having had more than two occasions in which a bill was not paid when it became due, and the customer is not then delinquent in the payment of his bills, the utility shall promptly and automatically refund the deposit plus accrued interest. If the customer has had service terminated for non-payment of his bill or had more than two past due bills for the period, the utility shall thereafter review the account every 12 months and shall promptly and automatically refund the deposit plus accrued interest after the customer has not had service terminated for non-payment of bill or bill or had more than two past due bills during the 12 months before any review and is not then delinquent in the payment of his bills.</text> </paragraph> <paragraph num="C."> <text>Establishment of Credit. The utility shall promptly return the deposit plus accrued interest at any time upon request if the customer's credit has been established in accordance with the methods specified in Regulation .02B, provided the customer owes no outstanding bills for the service and during the last 12 consecutive months that service was provided has not had more than two occasions in which a bill was not paid within a reasonable period after it became due or had service terminated for non-payment of the bill.</text> </paragraph> <paragraph num="D."> <text>Customers 60 Years Old or Older. A utility shall promptly refund the deposit plus interest of a present customer who is 60 years old or older provided the customer:</text> <paragraph num="(1)"> <text>Requests refund of the deposit;</text> </paragraph> <paragraph num="(2)"> <text>Presents satisfactory proof of age; and</text> </paragraph> <paragraph num="(3)"> <text>Does not have a past due or uncollected bill owing to the utility.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Option of Utility. At the option of the utility, a deposit plus accrued interest may be refunded, in whole or in part, at any time earlier than the times prescribed in this regulation.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Appeal by Applicant or Customer."> <paragraph num="A."> <text>Appeal to Utility Supervisory Personnel. Each utility shall direct its personnel engaged in initial contact with an applicant for service, or customer seeking to establish or re-establish credit under the provisions of these regulations to refer the applicant or customer, at his request, to supervisory personnel for further consideration of his problem.</text> </paragraph> <paragraph num="B."> <text>Appeal to Commission Personnel. Each utility shall further direct the supervisory personnel to inform the applicant or customer who expresses dissatisfaction with the decision of the supervisory personnel, of his right to have the problem reviewed by the Commission and shall furnish him with the business address and telephone number of the Commission.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Information to Customers."> <text>Each utility, upon request, shall furnish a copy of these regulations to the applicant for service or customer from whom a deposit is required and the copy shall contain the name, address, and telephone number of the Commission.</text> </regulation> <annotations> <annotation type="Authority">Public Utilities Article, §§2-113, 2-121, 4-503(a), 5-101, and 5-105, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: July 1, 1970 (Order No. 58089)</annotation> <annotation type="History" subtype="Administrative History">Regulations .02 and .03 repealed effective November 18, 1985 (12:23 Md. R. 2222)</annotation> <annotation type="History" subtype="Administrative History">Regulations .02, .03, and .04-1 adopted effective November 18, 1985 (12:23 Md. R. 2222)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04 amended effective November 18, 1985 (12:23 Md. R. 2222)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04C amended effective March 1, 1993 (20:4 Md. R. 373)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04G amended effective September 21, 2009 (36:19 Md. R. 1438)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04H amended effective January 26, 1979 (6:2 Md. R. 75); April 21, 1986 (13:8 Md. R. 903)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04H amended as an emergency provision effective January 1, 2002 (29:3 Md. R. 214); emergency status expired June 30, 2002</annotation> <annotation type="History" subtype="Administrative History">Regulation .04H amended as an emergency provision effective January 1, 2003 (30:5 Md. R. 364); amended permanently effective January 20, 2003 (30:1 Md. R. 28)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04I adopted effective January 1, 1978 (Order No. 62792)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05 amended effective November 18, 1985 (12:23 Md. R. 2222)</annotation> </annotations> </chapter> <chapter num="03" heading="Late Payment Charges"> <regulation prefix="Regulation" num=".01" heading="Authorization to Impose Late Payment Charges."> <paragraph num="A."> <text>Residential Customers and Residential Cooperatives.</text> <paragraph num="(1)"> <text>Each gas, electric, gas and electric, or telephone company using late payment charge provisions, policies, or practices for residential customers and residential cooperatives, may be authorized to apply to bills not paid within 20 days after the date of rendition up to 1-1/2 percent of the net bill, and at the end of the first nominal billing interval after that, an additional charge to be made equal to 1-1/2 percent of any portion of the original amount which remains unpaid at the time, and at the end of the second nominal billing interval, an additional charge to be made equal to 2 percent of any portion of the original amount which remains unpaid at the time. The total of the charges should not exceed 5 percent of the original unpaid amount.</text> </paragraph> <paragraph num="(2)"> <text>For residential customers and residential cooperatives, each gas, electric, gas and electric, or telephone company utilizing late payment provisions, policies, or practices authorized by this Commission shall apply the late payment charges to any bill or part of a bill not paid within 20 days calculated upon the net total cost less applicable taxes and, when applicable, the environmental surcharge.</text> </paragraph> </paragraph> <paragraph num="B."> <text>All Other Classes of Customers.</text> <paragraph num="(1)"> <text>Each gas, electric, gas and electric, or telephone company using late payment charge provisions, policies, or practices for all other classes of customers not provided for in §A of this regulation, may be authorized to apply to bills not paid within 15 days after the date of rendition up to 1-1/2 percent of the net bill, and at the end of the first nominal billing interval after that, an additional charge to be made equal to 1-1/2 percent of any portion of the original amount which remains unpaid at that time, and at the end of the second nominal billing interval, an additional charge to be made equal to 2 percent of any portion of the original amount which remains unpaid at the time. The total of these charges may not exceed 5 percent.</text> </paragraph> <paragraph num="(2)"> <text>For all other classes of customers not provided for in §A of this regulation, each gas, electric, gas and electric, or telephone company utilizing late payment provisions, policies, or practices authorized by this Commission shall apply the late payment charge to any bill or part of a bill not paid within 15 days calculated upon the net total cost less applicable taxes and, if applicable, the environmental surcharge.</text> </paragraph> </paragraph> <paragraph num="C."> <text>“Late payment charge” means an additional charge, over the net total cost of utility service provided, which is applied to any past-due bill under this regulation.</text> </paragraph> <paragraph num="D."> <text>Bill Extender Plan.</text> <paragraph num="(1)"> <text>A gas, electric, gas and electric, or telephone company using late payment provisions, policies, practices, and charges shall establish and offer to a residential customer a bill extender plan to assist the customer receiving monthly Social Security benefits, supplemental security income, disability payments, or other financial aid through government-sponsored assistance programs which constitutes the main source of income within the customer's household.</text> </paragraph> <paragraph num="(2)"> <text>The bill extender plan shall automatically extend a bill due date so that late payment charges are not incurred until:</text> <paragraph num="(a)"> <text>Thirty days after the date of bill rendition;</text> </paragraph> <paragraph num="(b)"> <text>A reasonable time following receipt of benefits or financial aid, as described in §D(1) of this regulation, by an eligible customer; or</text> </paragraph> <paragraph num="(c)"> <text>As provided in the utility's tariff.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>A utility customer shall request participation in the plan and provide adequate proof of eligibility.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Repealed." /> <regulation prefix="Regulation" num=".03" heading="Tariff Provisions and Regulations Control."> <text>Each gas, electric, gas and electric, or telephone company utilizing late payment charge provisions, policies, or practices shall pursue the collection of these charges consistent with the tariff provisions of the respective utility and the regulations of this Commission.</text> </regulation> <regulation prefix="Regulation" num=".04" heading="Practices to be Extended to Customers."> <text>Each gas, electric, gas and electric, or telephone company utilizing late payment charge provisions, policies, or practices shall extend to its customers the following practices in relation to the application of late payment charges:</text> <paragraph num="A."> <text>An allowance shall be made for conflicting governmental and company holidays;</text> </paragraph> <paragraph num="B."> <text>Consideration shall be given by the utilities for an extension of the due date when, within the discretion of the company, conditions warrant, such as hardship, claims of late delivery of bill, etc.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Revised Tariff Pages."> <text>Each gas, electric, gas and electric, or telephone company shall file, when necessary, revised tariff pages implementing the provisions of this regulation.</text> </regulation> <annotations> <annotation type="Authority">Public Utilities Article, §§2-113, 2-121, 4-201, 4-503(a), 5-101, and 7-305, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: June 30, 1976 (Order No. 61848)</annotation> <annotation type="History" subtype="Administrative History">Amended effective January 23, 1981 (8:2 Md. R. 117)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended effective August 16, 1982 (9:16 Md. R. 1608); November 18, 1985 (12:23 Md. R. 2223); July 31, 1995 (22:15 Md. R. 1120)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01B adopted effective July 28, 1976 (Order No. 61869)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01D adopted effective April 21, 1986 (13:8 Md. R. 903)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01D amended effective April 20, 1998 (25:8 Md. R. 599)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02 repealed effective July 20, 1992 (19:14 Md. R. 1285)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 amended effective July 31, 1995 (22:15 Md. R. 1120)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04 amended effective November 18, 1985 (12:23 Md. R. 2223); July 31, 1995 (22:15 Md. R. 1120)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05 amended effective July 31, 1995 (22:15 Md. R. 1120)</annotation> </annotations> </chapter> <chapter num="04" heading="Customers' Rights Pamphlet"> <regulation prefix="Regulation" num=".01" heading="Customers' Rights Pamphlet."> <text>Each gas, electric and combination gas and electric utility shall prepare a pamphlet in accordance with this chapter, subject to the Commission's approval, summarizing the rights and responsibilities of their customers, consistent with the utilities' tariff provisions and the Commission's regulations.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Contents of Pamphlet."> <text>The pamphlet shall contain, at a minimum, a statement or description of the following information:</text> <paragraph num="A."> <text>Service application procedures including a provision permitting more than one individual in a dwelling unit to request classification as a customer and to be listed on the service account;</text> </paragraph> <paragraph num="B."> <text>Billing procedures, including the late payment charges;</text> </paragraph> <paragraph num="C."> <text>Methods for customers to verify billing accuracy;</text> </paragraph> <paragraph num="D."> <text>Explanation of the utility's fuel adjustment clause, or purchased gas clause, or both;</text> </paragraph> <paragraph num="E."> <text>Explanation of seasonal rate differentials;</text> </paragraph> <paragraph num="F."> <text>Customer payment policies, including a general summary of alternate payment plans and the Winter Heating Protection Program;</text> </paragraph> <paragraph num="G."> <text>Security deposit policies;</text> </paragraph> <paragraph num="H."> <text>The Termination Policy Statement as set forth in COMAR 20.31.01.06;</text> </paragraph> <paragraph num="I."> <text>Inquiry, service, and complaint procedures;</text> </paragraph> <paragraph num="J."> <text>Information on the Maryland Energy Assistance Program and on access to other programs to assist low-income customers;</text> </paragraph> <paragraph num="K."> <text>Other pertinent information including the telephone number of the Consumer Affairs Division;</text> </paragraph> <paragraph num="L."> <text>Information on the utility's bill extender plan;</text> </paragraph> <paragraph num="M."> <text>The residential rate schedules available; and</text> </paragraph> <paragraph num="N."> <text>For electric utilities and combination electric and gas utilities only:</text> <paragraph num="(1)"> <text>A summary of the reports required by COMAR 20.50.07.06, including explanations of the reliability indices; and</text> </paragraph> <paragraph num="(2)"> <text>Instructions for how customers can request reliability indices for their electric service.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Delivery to Customer."> <text>This pamphlet shall:</text> <paragraph num="A."> <text>Be mailed or, at the option of the utility and upon request by the customer, delivered by electronic means to each customer of the utility once each year during the month of August, September, or October;</text> </paragraph> <paragraph num="B."> <text>Be delivered or mailed to each new customer of the utility when the new customer initiates service;</text> </paragraph> <paragraph num="C."> <text>Be available at all times upon request; and</text> </paragraph> <paragraph num="D."> <text>Indicate that it is being provided in accordance with the Commission's regulations.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Public Utilities Article, §§2-113, 2-121, and 5-101, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: June 30, 1976 (Order No. 61848)</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.03 amended effective January 18, 1982 (9:1 Md. R. 24)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02 amended effective October 22, 1984 (11:21 Md. R. 1815); November 18, 1985 (12:23 Md. R. 2224); June 27, 1988 (15:13 Md. R. 1558); June 15, 1998 (25:12 Md. R. 948); March 18, 2002 (29:5 Md. R. 505)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03A amended effective September 21, 2009 (36:19 Md. R. 1438)</annotation> </annotations> </chapter> </subtitle> <subtitle num="31" heading="Terminations of Service"> <chapter num="01" heading="General Regulations"> <regulation prefix="Regulation" num=".01" heading="Applicability."> <paragraph num="A."> <text>This subtitle applies to all electric utilities, gas utilities, and combination electric and gas utilities, as defined in this subtitle, under the jurisdiction of the Public Service Commission.</text> </paragraph> <paragraph num="B."> <text>COMAR 20.31.02, 20.31.03, and 20.32.01 govern all terminations of electric service, gas service, or both, as the case may be, where the service, in whole or in part, is for use in a dwelling unit or units, except for those terminations governed by COMAR 20.31.05.</text> </paragraph> <paragraph num="C."> <text>If unreasonable hardship to a utility or to a customer results from the application of any of the regulations of this subtitle, applications may be made by the affected person to the Commission for the modification of the regulation or regulations or for a temporary or permanent exemption from its requirements.</text> </paragraph> <paragraph num="D."> <text>This subtitle does not relieve any utility to which it applies of any of its duties under the laws and regulations of Maryland or the United States.</text> </paragraph> <paragraph num="E."> <text>This subtitle is not intended to discourage utilities from working with local, State, or federal agencies to create or implement energy assistance programs.</text> </paragraph> <paragraph num="F."> <text>All references to the masculine gender in this subtitle include the feminine gender.</text> </paragraph> <paragraph num="G."> <text>All references to “days” in this subtitle refer to calendar days unless otherwise specified.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this subtitle, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Certified nurse practitioner” means an individual certified by the State Board of Nursing under COMAR 10.27.07.</text> </paragraph> <paragraph num="(2)"> <text>“Commission” means the Public Service Commission of Maryland.</text> </paragraph> <paragraph num="(3)"> <text>“Customer” means a person receiving service from a utility, in whose name the account is maintained, for use in the premises.</text> </paragraph> <paragraph num="(4)"> <text>“Disputed bill” means a bill which is the subject of a bona fide controversy between a customer and the utility regarding any billing error, including, but not limited to, matters such as errors in computation, failure of the bill to reflect a payment or other credit, and billing for service which the customer alleges was not used or was used by another person.</text> </paragraph> <paragraph num="(5)"> <text>“Dwelling unit” means a room or rooms suitable for occupancy as a residence containing sanitary or kitchen facilities.</text> </paragraph> <paragraph num="(6)"> <text>“Elderly” means an individual 65 years old or older.</text> </paragraph> <paragraph num="(7)"> <text>“Equipment” means any device or apparatus, including piping, electrical wires, and meters, which is used by a utility to provide service to a customer or used by a customer to receive service from a utility.</text> </paragraph> <paragraph num="(8)"> <text>“EUSP” means Electric Universal Service Program established under Public Utilities Article, §7-512.1, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(9)"> <text>“Extreme weather period” has the following two meanings:</text> <paragraph num="(a)"> <text>“Winter extreme weather period” means a period of 72 hours beginning at 6 a.m. on any given day comprised of three consecutive 24-hour segments during any one of which the temperature, as forecast, is not expected to exceed 32 degrees Fahrenheit during the segments. Determination of the possible existence of a winter extreme weather period must be repeated every 24 hours at 6 a.m.</text> </paragraph> <paragraph num="(b)"> <text>“Summer extreme weather period” means a period of 72 hours beginning at 6 a.m. on any given day comprised of three consecutive 24-hour segments during any one of which the heat index, as forecast, is expected to be 95 degrees Fahrenheit or above, or the air temperature, as forecast, is expected to be 95 degrees Fahrenheit or above during the segments. Determination of the possible existence of a summer extreme weather period must be repeated every 24 hours at 6 a.m.</text> </paragraph> </paragraph> <paragraph num="(10)"> <text>“Handicapped” means an individual who:</text> <paragraph num="(a)"> <text>Has any physical disability or mental impairment which substantially limits one or more of the individual's life activities; and</text> </paragraph> <paragraph num="(b)"> <text>Is:</text> <paragraph num="(i)"> <text>Receiving disability insurance payments from a government agency that requires certification of the disability, or</text> </paragraph> <paragraph num="(ii)"> <text>Certified as being physically disabled by a licensed physician or mentally impaired by a licensed psychiatrist or registered psychologist.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(11)"> <text>“Heat index” means the temperature when relative humidity is combined with the air temperature as calculated by the U.S. National Weather Service. Forecasts, calculation tables, and other material related to the calculation of Heat Index values are available on the National Weather Service website.</text> </paragraph> <paragraph num="(12)"> <text>“Life-support equipment” means any electric or gas energy-using device certified by a licensed physician, certified nurse practitioner, or physician assistant as being essential to prevent, or to provide relief from, a serious illness or to sustain the life of the customer or an occupant of the premises.</text> </paragraph> <paragraph num="(13)"> <text>“Local government” has the meaning stated in State Government Article, §11-101(g), Annotated Code of Maryland.</text> </paragraph> <paragraph num="(14)"> <text>Master-Metered Building.</text> <paragraph num="(a)"> <text>“Master-metered building” means, for purposes of COMAR 20.31.01, 20.31.02, and 20.31.03, a building with four or more dwelling units, where the customer buys electricity or gas from the utility and provides it to the occupants in the building either as a part of a rental agreement or lease, condominium fee, or other charge, or as charged under the authority of Public Utilities Article, §7-303, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(b)"> <text>“Master-metered building” does not include transient facilities.</text> </paragraph> </paragraph> <paragraph num="(15)"> <text>“Occupant” means any individual who has a legal right to reside in the premises.</text> </paragraph> <paragraph num="(16)"> <text>“Person” has the meaning stated in Public Utilities Article, §1-101, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(17)"> <text>“Physician assistant” means an individual who is licensed under Health Occupations Article, Title 15, Annotated Code of Maryland, to practice medicine with physician supervision.</text> </paragraph> <paragraph num="(18)"> <text>“Premises” means a building, or portion of a building, that is receiving service from a utility for use in a dwelling unit or units.</text> </paragraph> <paragraph num="(19)"> <text>“Serious illness” means an illness certifiable by a licensed physician, certified nurse practitioner, or physician assistant to be such that termination of service during the period of time covered by the certificate would be especially dangerous to the health of the person certified to be seriously ill.</text> </paragraph> <paragraph num="(20)"> <text>“Service” means providing electricity or gas, or both, to a premises.</text> </paragraph> <paragraph num="(21)"> <text>“Termination” means to discontinue electric, gas, or electric and gas service to a premises by a utility.</text> </paragraph> <paragraph num="(22)"> <text>“Third person” means an individual, organization, or government agency designated by the customer to receive notices of termination.</text> </paragraph> <paragraph num="(23)"> <text>“USPP” means Utility Service Protection Program, established under COMAR 20.31.05.</text> </paragraph> <paragraph num="(24)"> <text>“Utility” has the same meaning as the terms “electric company” and “gas company” as defined by Public Utilities Article, §1-101, Annotated Code of Maryland, and includes a combination electric and gas company.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Customer Responsibilities."> <paragraph num="A."> <text>Upon receiving a notice of termination, any customer may notify the utility either before the date on which the termination is scheduled or within 14 days of receiving the notice, whichever occurs first, that he or an occupant of the premises is elderly, handicapped, seriously ill, or relies upon life-support equipment. The customer shall obtain any necessary certification of status and shall inform the utility of this occupant's name and address, if different than the customer's, to prevent termination of service.</text> </paragraph> <paragraph num="B."> <text>Notice to the utility includes sending to the utility a written statement of the status of the individual and sending to the utility the required certifications not later than the scheduled date of termination of service.</text> </paragraph> <paragraph num="C."> <text>A customer who wishes to dispute the reasons for termination of his service or to dispute his bill shall first contact the utility and shall make every effort to resolve the dispute with the utility before contacting the Commission.</text> </paragraph> <paragraph num="D."> <text>Customer Responsibility for Bills.</text> <paragraph num="(1)"> <text>A customer shall be responsible for all past-due, current, and future bills for service provided to the customer.</text> </paragraph> <paragraph num="(2)"> <text>A customer's failure to comply with the provisions of this subtitle may subject that customer to termination action by the utility.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Utility Responsibilities."> <paragraph num="A."> <text>A utility may terminate electric or gas service, or both, in accordance with the provisions of this subtitle. However, the utility shall use its discretion in unusual circumstances, including a situation involving a master-metered building, and may not terminate service if it has or is presented with reasonable grounds to believe that termination will endanger human health, life, or safety.</text> </paragraph> <paragraph num="B."> <text>This subtitle contains minimum requirements, and a utility may expand upon these requirements so as to provide further protections for its customers, in a manner best suited to that utility's service area and other factors.</text> </paragraph> <paragraph num="C."> <text>Each utility shall provide its customers with a reasonable opportunity to contest the proposed termination in accordance with the provisions of this subtitle.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Service Reconnection Charge."> <text>If a utility terminates service to a customer in compliance with this subtitle, and the customer requests reconnection, he shall be liable for the charge for reconnection of service contained in the utility's tariffs and the past-due amount except as provided in COMAR 20.31.05 of this subtitle.</text> </regulation> <regulation prefix="Regulation" num=".06" heading="Termination Policy Statement."> <paragraph num="A."> <text>Each utility shall include a termination policy statement as a separately identified part of the Customer Rights Pamphlet required by COMAR 20.30.04 Customers' Rights Pamphlet.</text> </paragraph> <paragraph num="B."> <text>This statement shall include, at a minimum, the following information:</text> <paragraph num="(1)"> <text>The permissible grounds for termination of service;</text> </paragraph> <paragraph num="(2)"> <text>A statement of the procedures for terminating and reconnecting a customer's service;</text> </paragraph> <paragraph num="(3)"> <text>A statement that the customer may designate a third party to receive termination notices;</text> </paragraph> <paragraph num="(4)"> <text>A statement that the customer may notify the utility if the customer or an occupant of the customer's residence is elderly, is handicapped, is seriously ill, relies upon life-support equipment, or has any existing condition for which a termination of service would be a threat to life, health, or safety.</text> </paragraph> <paragraph num="(5)"> <text>A statement of the customer's rights and remedies in termination proceedings, which shall include the information required by Regulation .06 Text of Notices of Termination under COMAR 20.31.02 Terminations;</text> </paragraph> <paragraph num="(6)"> <text>A statement that alternate payment plans are offered by the utility; and</text> </paragraph> <paragraph num="(7)"> <text>A statement describing the Utility Service Protection Program under COMAR 20.31.05.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Third-Party Notification."> <paragraph num="A."> <text>Each utility shall inform its customers of the availability of third-party notification, by which the customer can designate a third person to receive notices of termination of service in addition to the customer. The third party designated and notified in accordance with these regulations is not liable for the account of the customer.</text> </paragraph> <paragraph num="B."> <text>The designated third party may initiate appropriate action to prevent termination of the customer's service.</text> </paragraph> <paragraph num="C."> <text>Each utility shall set up a procedure for handling this third-party notification process in a manner best suited to the circumstances of the particular utility.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Alternate Payment Plans."> <paragraph num="A."> <text>Except as provided under §D of this regulation, if a low income customer is unable to pay the charges for service, the utility shall in good faith attempt to negotiate a reasonable alternate payment plan.</text> </paragraph> <paragraph num="B."> <text>Except as provided under §§A and D of this regulation, if a customer is unable to pay the charges for service, the utility may in good faith attempt to negotiate a reasonable alternate payment plan.</text> </paragraph> <paragraph num="C."> <text>For purposes of this regulation, “alternate payment plan” means a payment plan provided to avoid termination of service and retire all outstanding charges to the utility.</text> </paragraph> <paragraph num="D."> <text>A utility may refuse to negotiate or offer an alternate payment plan to a customer receiving service, if the customer:</text> <paragraph num="(1)"> <text>Failed to meet the terms and conditions of any alternate payment plan during the past 18 months including:</text> <paragraph num="(a)"> <text>A USPP alternate payment plan; or</text> </paragraph> <paragraph num="(b)"> <text>A plan arranged under the EUSP;</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Committed fraud against a utility;</text> </paragraph> <paragraph num="(3)"> <text>Committed theft of utility service; or</text> </paragraph> <paragraph num="(4)"> <text>Denied the utility access to its equipment located on the customer's property or premises.</text> </paragraph> </paragraph> <paragraph num="E."> <text>When devising alternate payment plans, the utility shall consider the circumstances and financial condition of the customer including:</text> <paragraph num="(1)"> <text>The size of the delinquent account;</text> </paragraph> <paragraph num="(2)"> <text>The customer's ability to pay;</text> </paragraph> <paragraph num="(3)"> <text>The customer's payment history;</text> </paragraph> <paragraph num="(4)"> <text>The anticipated energy assistance benefits for which the customer may be eligible;</text> </paragraph> <paragraph num="(5)"> <text>The length of time that the debt has been outstanding;</text> </paragraph> <paragraph num="(6)"> <text>The circumstances which resulted in the past due bills;</text> </paragraph> <paragraph num="(7)"> <text>Hardships which may result from the lack of utility service to the customer; and</text> </paragraph> <paragraph num="(8)"> <text>Any other relevant factors related to the circumstances of the customer.</text> </paragraph> </paragraph> <paragraph num="F."> <text>If an alternate payment plan cannot be arranged, the utility shall promptly notify the customer.</text> </paragraph> <paragraph num="G."> <text>If a customer fails to adhere to the alternate payment plan, the utility shall notify the customer that termination procedures may be begun pursuant to this subtitle.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Public Utilities Article, §§2-113, 2-121, 5-101, and 7-307, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: October 12, 1981 (8:20 Md. R. 1637)</annotation> <annotation type="History" subtype="Administrative History">Regulations .01B, .05, and .06B amended effective October 22, 1984 (11:21 Md. R. 1815)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended effective August 6, 1990 (17:15 Md. R. 1862)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended as an emergency provision effective January 1, 2003 (30:5 Md. R. 364); amended permanently effective January 20, 2003 (30:1 Md. R. 28)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended as an emergency provision effective February 18, 2010 (37:6 Md. R. 475); amended permanently effective July 12, 2010 (37:14 Md. R. 940)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended effective June 8, 2015 (42:11 Md. R. 727); August 29, 2016 (43:17 Md. R. 957); January 30, 2017 (44:2 Md. R. 85); April 22, 2019 (46:8 Md. R. 401)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03A amended effective May 24, 1982 (9:10 Md. R. 1023</annotation> <annotation type="History" subtype="Administrative History">Regulation .03D amended effective May 10, 1993 (20:9 Md. R. 779)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06B amended as an emergency provision effective January 1, 2003 (30:5 Md. R. 364); amended permanently effective January 20, 2003 (30:1 Md. R. 28)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08 adopted effective August 6, 1990 (17:15 Md. R. 1862)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08 amended as an emergency provision effective January 1, 2003 (30:5 Md. R. 364); amended permanently effective June 23, 2003 (30:12 Md. R. 792)</annotation> <annotation type="History" subtype="Administrative History">Annotation: Challenges to the validity of the regulations governing termination of service come under Article 78, § 89 (Declaratory judgment on validity of rules and regulations) and not under Article 78, §§90 and 91. People's Counsel v. Public Service Commission et al, September Term 1982, No. 869 (Unreported)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended effective June 9, 2025 (52:11 Md. R. 533)</annotation> </annotations> </chapter> <chapter num="02" heading="Terminations"> <regulation prefix="Regulation" num=".01" heading="Insufficient Reasons for Terminations."> <text>The following may not constitute sufficient cause for the utility to terminate service to an existing customer:</text> <paragraph num="A."> <text>Failure of a previous customer to pay for service at the premises to be served, unless the current or prospective customer is in violation of one of the provisions of Regulation .04 of this chapter;</text> </paragraph> <paragraph num="B."> <text>Failure of the customer to pay:</text> <paragraph num="(1)"> <text>For merchandise purchased from the utility;</text> </paragraph> <paragraph num="(2)"> <text>For a public utility service other than electric service, gas service, or electric and gas service, as the case may be;</text> </paragraph> <paragraph num="(3)"> <text>For service that is used in other than dwelling units;</text> </paragraph> <paragraph num="(4)"> <text>The bill of another customer as guarantor of that other customer;</text> </paragraph> <paragraph num="(5)"> <text>A bill which is delinquent for less than 3 months if the security deposit exceeds the amount of the estimated final bill for service;</text> </paragraph> <paragraph num="(6)"> <text>Any outstanding bill which is less than $100, and which is delinquent for less than 3 months;</text> </paragraph> <paragraph num="(7)"> <text>Any undercharge for the period in excess of 4 months as described in COMAR 20.50.04.05 and 20.55.04.05; or</text> </paragraph> <paragraph num="(8)"> <text>An outstanding bill that is over 7 years old, unless the:</text> <paragraph num="(a)"> <text>Customer signed an agreement to pay the outstanding bill before the expiration of this period, or</text> </paragraph> <paragraph num="(b)"> <text>Outstanding bill is for service obtained by the customer in any manner described in COMAR 20.31.02.03D or 20.31.02.04A(1)—(4).</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Terminations Requiring Notice."> <text>A utility may terminate service to a customer for any of the following reasons, if the utility complies with the provisions of this subtitle:</text> <paragraph num="A."> <text>The customer's violation of or noncompliance with COMAR 20.50 Service Supplied by Electric Companies or COMAR 20.55 Service Supplied by Gas Companies, or for violation of or noncompliance with the utility's tariffs and rules on file with the Commission;</text> </paragraph> <paragraph num="B."> <text>For failure of the customer to fulfill his contractual obligations for service or facilities subject to regulation by the Commission;</text> </paragraph> <paragraph num="C."> <text>For failure of the customer to permit the utility or its agents to have reasonable access to its equipment located on or in the customer's premises;</text> </paragraph> <paragraph num="D."> <text>For failure of the customer to provide the utility with a deposit as authorized in COMAR 20.30.02 Residential Customer Deposits;</text> </paragraph> <paragraph num="E."> <text>For failure of the customer to furnish the service equipment, permits, certificates, or rights-of-way, as specified by the utility as a condition to obtaining service or if the equipment or permissions are withdrawn or terminated.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Terminations Without Notice."> <paragraph num="A."> <text>A utility may terminate service without notice for any of the following reasons:</text> <paragraph num="(1)"> <text>A condition on the premises determined by the utility to be hazardous;</text> </paragraph> <paragraph num="(2)"> <text>The use of equipment in such a manner as to affect adversely the utility's equipment or the utility's service to others;</text> </paragraph> <paragraph num="(3)"> <text>Tampering with equipment furnished and owned by the utility; or</text> </paragraph> <paragraph num="(4)"> <text>Unauthorized use of service by any method, including diversion of gas or electricity around a meter.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Records.</text> <paragraph num="(1)"> <text>Each utility shall maintain, for not less than 3 years, records that set forth the basis for its decision to terminate service under this regulation.</text> </paragraph> <paragraph num="(2)"> <text>Starting January 1, 2017, each utility shall submit to the Commission the address where service has been terminated for unauthorized use or tampering with equipment furnished and owned by the utility. The submission shall be made within one business day following the termination.</text> </paragraph> <paragraph num="(3)"> <text>Upon request, a local government shall have access to the information submitted to the Commission under §B(2) of this regulation, on the condition that the information shall be:</text> <paragraph num="(a)"> <text>Used for the purpose of protecting the life, health, or safety of an individual occupying the premises where service has been terminated;</text> </paragraph> <paragraph num="(b)"> <text>Safeguarded to protect the privacy of an individual; and</text> </paragraph> <paragraph num="(c)"> <text>Destroyed by the local government within 30 days of its receipt.</text> </paragraph> </paragraph> </paragraph> <paragraph num="C."> <text>Each utility that has terminated service for unauthorized use or tampering with equipment furnished and owned by the utility shall provide notice of the termination:</text> <paragraph num="(1)"> <text>In a visible location at the premises;</text> </paragraph> <paragraph num="(2)"> <text>With an occupant at the premises if safety permits; or</text> </paragraph> <paragraph num="(3)"> <text>In a situation where the utility representative on site determines that the situation is unsafe, the utility may provide a notice to the occupant by mail and by telephone or email to the customer if there is an active account.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Notices required by the regulations shall include, at a minimum, the following:</text> <paragraph num="(1)"> <text>Contact information for utility representatives that can explain the reason for the termination;</text> </paragraph> <paragraph num="(2)"> <text>Safety notices regarding the use of portable generators, independent lighting and heating sources, and any other safety information;</text> </paragraph> <paragraph num="(3)"> <text>Contact information for the Office of Home Energy Programs; and</text> </paragraph> <paragraph num="(4)"> <text>A general statement that theft of electricity or natural gas service is unlawful under Criminal Law Article, §§6-303 and 6-304, Annotated Code of Maryland.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Each utility shall file its form of notice required in §D of this regulation to the Commission for approval.</text> </paragraph> <paragraph num="F."> <text>Each utility shall track the manner in which notice is provided under §C of this regulation.</text> </paragraph> <paragraph num="G."> <text>Utilities shall file annual reports regarding terminations under this regulation in a manner and format prescribed by the Commission.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Termination with 7 Days Notice."> <paragraph num="A."> <text>Electric service, gas service, or both, may be terminated in accordance with this regulation, if service at a dwelling unit has been secured in any manner described below:</text> <paragraph num="(1)"> <text>Application was made in a fictitious name;</text> </paragraph> <paragraph num="(2)"> <text>Application was made in the name of an individual who is not an occupant of the dwelling unit, without disclosure of the individual's actual address;</text> </paragraph> <paragraph num="(3)"> <text>Application was made in the name of a third party without disclosing that fact or without bona fide authority from the third party;</text> </paragraph> <paragraph num="(4)"> <text>Application was made without disclosure of a material fact or by misrepresentation of a material fact;</text> </paragraph> <paragraph num="(5)"> <text>Application was made for connection of service to a dwelling where there are co-occupants, if a service account for that dwelling unit was previously maintained in a current co-occupant's name during a period of co-occupancy with the applicant and the co-occupant has failed to pay or make satisfactory arrangements to pay an outstanding bill or undisputed portion of a disputed bill for service at the dwelling unit, the collection of which is not barred under applicable State or federal law;</text> </paragraph> <paragraph num="(6)"> <text>Application was made for connection of service to a dwelling unit where there are co-occupants, if the service account at a prior dwelling unit of the applicant was listed in a current co-occupant's name, and the co-occupant has failed to pay or to make satisfactory arrangement to pay an outstanding bill or undisputed portion of a disputed bill for service at the prior dwelling unit, the collection of which is not barred under applicable State or federal law; or</text> </paragraph> <paragraph num="(7)"> <text>Application was made by an individual for the purpose of assisting another occupant of a dwelling unit to avoid payment of that occupant's prior outstanding bill.</text> </paragraph> </paragraph> <paragraph num="B."> <text>For purposes of this regulation, “co-occupants” means two or more adults who occupy the same dwelling unit as their primary domicile or legal residence within the State.</text> </paragraph> <paragraph num="C."> <text>If service at a dwelling unit was secured in any manner described in §A of this regulation, the utility may give 7 days notice that the service will be terminated, and may then proceed to terminate service subject to the provisions of §E of this regulation. The notice shall state:</text> <paragraph num="(1)"> <text>The manner in which service was secured;</text> </paragraph> <paragraph num="(2)"> <text>The approximate time period during which the service was used;</text> </paragraph> <paragraph num="(3)"> <text>A summary of the facts or circumstances upon which the utility bases its determination that a termination is warranted; and</text> </paragraph> <paragraph num="(4)"> <text>The amount of any outstanding bill.</text> </paragraph> </paragraph> <paragraph num="D."> <text>If a bona fide occupant of the premises subject to termination under this regulation is seriously ill, the provisions of COMAR 20.31.03.01 Restrictions for Serious Illness and Life-Support Equipment, shall supersede the provisions of this regulation.</text> </paragraph> <paragraph num="E."> <text>If a customer disputes the proposed termination, the customer shall do so in accordance with the provisions of COMAR 20.32.01.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Termination Procedures."> <paragraph num="A."> <text>Except as provided by Regulations .03 and .04 of this chapter and by Chapters 03, 04, and 05 of this subtitle, a utility shall terminate service in accordance with the provisions of this regulation.</text> </paragraph> <paragraph num="B."> <text>Commencing Termination Procedures.</text> <paragraph num="(1)"> <text>A utility may commence termination procedures only if it has made reasonable attempts to collect the past-due bills using normal collection procedures.</text> </paragraph> <paragraph num="(2)"> <text>“Normal collection procedures” shall include collection practices normally used by the utility and shall include at least one notice that the bill in question is past due.</text> </paragraph> </paragraph> <paragraph num="C."> <text>The utility shall send a notice of termination to the customer at least 14 days before the date on or after which termination will occur.</text> </paragraph> <paragraph num="D."> <text>Notices of termination shall be delivered in person or sent by first class mail, and shall be sent to the name and address of the person in whose name the account is held.</text> </paragraph> <paragraph num="E."> <text>If the customer has designated a third person to receive termination notices pursuant to COMAR 20.31.01.07 Third-Party Notification, the notices of termination shall be sent to the designated third person as well as to the customer.</text> </paragraph> <paragraph num="F."> <text>The utility shall advise the customer of the availability of alternate payment plans offered by the utility in accordance with COMAR 20.31.01.08 and the Utility Service Protection Program offered by the utility in accordance with COMAR 20.31.05.</text> </paragraph> <paragraph num="G."> <text>If a customer disputes the proposed termination, he shall do so in accordance with the provisions of COMAR 20.32.01.</text> </paragraph> <paragraph num="H."> <text>The utility may terminate service if it is prepared to accept payment of the amount due and to reconnect service on both the day of termination and the day subsequent to termination, except that termination of service on a Saturday is permissible in those special situations where the service must be terminated at a meter inside the premises and where the utility has previously and unsuccessfully attempted to gain access to the meter on at least two weekdays.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Text of the Notice of Termination."> <text>Notices of termination required by these regulations shall include, as a minimum, the following:</text> <paragraph num="A."> <text>The name and account number of the customer whose service is to be terminated;</text> </paragraph> <paragraph num="B."> <text>The address of the premises where service is to be terminated;</text> </paragraph> <paragraph num="C."> <text>A statement of the reasons for the proposed termination;</text> </paragraph> <paragraph num="D."> <text>The date on or after which the proposed termination will occur;</text> </paragraph> <paragraph num="E."> <text>The charges for reconnection of service, if any;</text> </paragraph> <paragraph num="F."> <text>A statement of the total amount due, if applicable;</text> </paragraph> <paragraph num="G."> <text>A statement of the customer's rights and remedies, which shall include a summary of the dispute procedures, the office address of the utility, and the telephone numbers at which the utility representatives who handle customer complaints may be reached;</text> </paragraph> <paragraph num="H."> <text>A statement that it is the responsibility of the customer to notify the utility if he is unable to pay for service in accordance with the requirements of the utility's billing practices; and</text> </paragraph> <paragraph num="I."> <text>A statement that it is the responsibility of the customer to notify the utility that he, or an occupant of the premises, is elderly, handicapped, has a serious illness, or relies upon life-support equipment; a brief explanation of the special provisions regarding elderly, handicapped, or persons seriously ill or relying on life-support equipment; and an explanation of notification procedures.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="User Without Account."> <paragraph num="A."> <text>For purposes of this regulation, a “user without account” is a person or persons in possession of a residential property that is using regulated utility service without an active account and is not subject to termination under Regulation .03 of this chapter.</text> </paragraph> <paragraph num="B."> <text>A utility may not terminate service to a user without account without adhering to this regulation.</text> </paragraph> <paragraph num="C."> <text>Upon discovering a user without account, a utility shall provide written notice to the occupants at the residential property:</text> <paragraph num="(1)"> <text>Not less than 3 days prior to service termination; or</text> </paragraph> <paragraph num="(2)"> <text>By mail not less than 7 days prior to service termination.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Notice required by §C of this regulation shall include, at a minimum, the following:</text> <paragraph num="(1)"> <text>The utility’s name and phone number;</text> </paragraph> <paragraph num="(2)"> <text>A statement that the notice is a shut-off notice;</text> </paragraph> <paragraph num="(3)"> <text>The address to which the notice applies;</text> </paragraph> <paragraph num="(4)"> <text>A statement that the company is aware that service is being used from the address without an open account;</text> </paragraph> <paragraph num="(5)"> <text>An invitation to apply for service as soon as possible; and</text> </paragraph> <paragraph num="(6)"> <text>The date by which an application for service must be submitted to avoid service termination.</text> </paragraph> </paragraph> </regulation> <annotations> <annotation type="Authority">Public Utilities Article, §§2-113, 2-121, and 5-101, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: October 12, 1981 (8:20 Md. R. 1637)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended effective November 18, 1985 (12:23 Md. R. 2224)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01B amended effective October 22, 1984 (11:21 Md. R. 1815); May 10, 1993 (20:9 Md. R. 780)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01B amended as an emergency provision effective January 1, 2002 (29:3 Md. R. 215); emergency status expired June 30, 2002</annotation> <annotation type="History" subtype="Administrative History">Regulation .01B amended as an emergency provision effective January 1, 2003 (30:5 Md. R. 364); amended permanently effective January 20, 2003 (30:1 Md. R. 29)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 amended effective August 29, 2016 (43:17 Md. R. 957)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04 amended effective April 21, 1986 (13:8 Md. R. 904); July 28, 1986 (13:15 Md. R. 1736)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04A amended effective May 10, 1993 (20:9 Md. R. 780)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04E amended effective August 6, 1990 (17:15 Md. R. 1862)</annotation> <annotation type="History" subtype="Administrative History">Regulations .05A, C, F and .06E amended effective October 22, 1984 (11:21 Md. R. 1815)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05F and G amended effective August 6, 1990 (17:15 Md. R. 1862)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05H amended effective May 24, 1982 (9:10 Md. R. 1023)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06H amended effective August 6, 1990 (17:15 Md. R. 1862)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07 adopted effective August 29, 2016 (43:17 Md. R. 957)</annotation> </annotations> </chapter> <chapter num="03" heading="Restrictions on Terminations"> <regulation prefix="Regulation" num=".01" heading="Restrictions for Serious Illness and Life-Support Equipment."> <paragraph num="A."> <text>Electric or gas service, or both, may not be terminated for an initial period of up to 30 days beyond the scheduled date of service termination when the termination will aggravate an existing serious illness or prevent the use of life-support equipment of any occupant of the premises, subject to the provisions of this regulation.</text> </paragraph> <paragraph num="B."> <text>Certification Requirement.</text> <paragraph num="(1)"> <text>A serious illness or the need for life-support equipment shall be certified to the utility by:</text> <paragraph num="(a)"> <text>A licensed physician;</text> </paragraph> <paragraph num="(b)"> <text>A certified nurse practitioner; or</text> </paragraph> <paragraph num="(c)"> <text>A physician assistant.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>When a utility uses a form for the physician, a certified nurse practitioner, or physician assistant to certify a serious illness or the need for life support equipment under this regulation, it shall use the form provided by the Commission.</text> </paragraph> <paragraph num="(3)"> <text>A utility shall accept a certification from a licensed physician, a certified nurse practitioner, or a physician assistant of a serious illness or need for life support equipment under this regulation.</text> </paragraph> <paragraph num="(4)"> <text>Except when a form is used under §B(2) of this regulation, the physician, certified nurse practitioner or a physician assistant certification required under §B(1) of this regulation shall be in writing and include:</text> <paragraph num="(a)"> <text>The name and address of the seriously ill person;</text> </paragraph> <paragraph num="(b)"> <text>A statement that the seriously ill person or person in need of life support equipment is the customer or an occupant of the premises;</text> </paragraph> <paragraph num="(c)"> <text>The name, address, telephone number, physician or certified nurse practitioner license number, and signature of the certifying physician, certified nurse practitioner, or physician assistant; and</text> </paragraph> <paragraph num="(d)"> <text>A statement that termination will aggravate a serious illness or prevent the use of life-support equipment.</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>A utility shall accept the physician, certified nurse practitioner, or physician assistant certification under this regulation either in paper form or by facsimile or as a scanned original attached to an email from the certifying physician’s or certified nurse practitioner’s office.</text> </paragraph> </paragraph> <paragraph num="C."> <text>The certifying physician, the certified nurse practitioner, the physician assistant, or the customer may initially telephone the utility of the intent to obtain certification. The required certificate is to be forwarded to the utility not later than the day before the scheduled date for termination of service.</text> </paragraph> <paragraph num="D."> <text>The customer shall promptly, within 30 days of submitting a certification under this regulation, enter into an agreement with the utility for the payment of the unpaid bills and current amounts due for service in accordance with COMAR 20.31.01.08.</text> </paragraph> <paragraph num="E."> <text>Certification may be renewed by the customer, a licensed physician, a certified nurse practitioner, or physician assistant by providing another certificate to the utility, including updated information specified in §B(4) of this regulation. Renewal of a certification may not relieve the customer of responsibility to enter into or to maintain an existing payment agreement, as provided in §D of this regulation.</text> </paragraph> <paragraph num="F."> <text>Sufficiency of Certification.</text> <paragraph num="(1)"> <text>If the utility questions the adequacy or integrity of the certification provided:</text> <paragraph num="(a)"> <text>The utility may refuse to honor the certification provided under §B(1) of this regulation only for the following reasons:</text> <paragraph num="(i)"> <text>The certification form is not completed;</text> </paragraph> <paragraph num="(ii)"> <text>The certification form is not signed by a licensed physician, certified nurse practitioner, or physician assistant; or</text> </paragraph> <paragraph num="(iii)"> <text>The certification form appears to have been altered; or</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>The utility may petition the Commission to determine the adequacy of the certification provided under §B of this regulation for any other reason.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>If the utility files a petition under §F(1)(b) of this regulation, the utility may not terminate service until:</text> <paragraph num="(a)"> <text>The Commission determines the adequacy of the certification; or</text> </paragraph> <paragraph num="(b)"> <text>The certification has expired and has not been renewed.</text> </paragraph> </paragraph> </paragraph> <paragraph num="G."> <text>A utility may terminate electric or gas service to the premises of a customer under this regulation only if the utility:</text> <paragraph num="(1)"> <text>Between the date the notice of termination is mailed to the customer and the date on or after which service is to be terminated, at a minimum, attempts to make personal contact with the customer on two separate occasions, each of which shall occur on a separate date;</text> </paragraph> <paragraph num="(2)"> <text>Attempts to make personal contact with the customer by either:</text> <paragraph num="(a)"> <text>Telephoning the customer during business hours, or, if no one is home, during the evening after 6 p.m.; or</text> </paragraph> <paragraph num="(b)"> <text>Visiting the premises and leaving a copy of the notice of termination with the customer or a responsible person 18 years old or older at the premises, or, if no one is at home, leaving a copy of the notice at the premises; and</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Documents each attempt to make personal contact under this section.</text> </paragraph> </paragraph> <paragraph num="H."> <text>If personal contact is made, the utility shall inform the customer of possible sources of financial assistance and the availability of alternate payment plans or other payment arrangements offered by the utility.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Restrictions for Elderly or Handicapped Individuals."> <paragraph num="A."> <text>Upon receiving notice from the customer that he or an occupant of the premises to which the service is going to be terminated is an elderly or handicapped individual, a utility may terminate service to that premises only in accordance with the provisions of this regulation.</text> </paragraph> <paragraph num="B."> <text>Between the date the notice of termination is mailed to the customer and the date on or after which service is to be terminated, the utility shall, at a minimum, attempt to make personal contact with the customer on two separate occasions, each of which shall occur on a separate day.</text> </paragraph> <paragraph num="C."> <text>The utility's attempt to make personal contact with the customer shall be by either:</text> <paragraph num="(1)"> <text>Telephoning the customer during business hours, or, if no one is home, during the evening after 6 p.m.; or</text> </paragraph> <paragraph num="(2)"> <text>Visiting the premises and leaving a copy of the notice of termination with the customer or a responsible person 18 years old or older at the premises, or if no one is at home, leaving a copy of the notice at the premises.</text> </paragraph> </paragraph> <paragraph num="D."> <text>The utility shall document each attempt to make personal contact under this regulation.</text> </paragraph> <paragraph num="E."> <text>If personal contact is made, the utility shall inform the customer of possible sources of financial assistance and of the availability of alternate payment plans offered by the utility.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Winter Restrictions."> <paragraph num="A."> <text>An electric, gas, or electric and gas utility may not terminate gas or electric service to occupants of residential buildings for nonpayment of bills during the period November 1 through and including March 31 of the immediately succeeding calendar year unless the utility first certifies to the Commission by an affidavit filed at least 24 hours before the termination, that the termination does not constitute a threat to the life or health of the residential occupants.</text> </paragraph> <paragraph num="B."> <text>The affidavit shall state in addition to the requirements of §A of this regulation.</text> <paragraph num="(1)"> <text>The name of the customer whose service is to be terminated and the address of the premises involved;</text> </paragraph> <paragraph num="(2)"> <text>That the customer has been notified both in writing and by personal contact, if made, of his rights and remedies as stated in COMAR 20.31.02.06G and has been informed of possible sources of financial assistance and the availability of alternate payment plans and the Utility Service Protection Program offered by the utility;</text> </paragraph> <paragraph num="(3)"> <text>The dates on which personal contact with the customer or an adult member of the household was made or attempted;</text> </paragraph> <paragraph num="(4)"> <text>The reason for the termination;</text> </paragraph> <paragraph num="(5)"> <text>Whether the customer is a participant in the Utility Service Protection Program or the Electric Universal Service Program;</text> </paragraph> <paragraph num="(6)"> <text>Whether the customer claims an occupant of the dwelling unit is elderly, handicapped, seriously ill, or dependent upon the use of life-support equipment and, if so, that the utility has complied with the provisions of COMAR 20.31.03.01 and .02;</text> </paragraph> <paragraph num="(7)"> <text>That the amount of the arrearage for which termination is sought is greater than $200 for a single service utility or $300 for a dual service utility and the total amount due is greater than the amount of the customer's deposit with the utility; and</text> </paragraph> <paragraph num="(8)"> <text>That a copy of the affidavit has been forwarded to the Department of Human Services, Office of Home Energy Programs and the local administering agency, if the customer has been certified to the utility as eligible for MEAP or EUSP Assistance.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Affidavits are valid for 12 days after the most recent personal contact with the customer was made or attempted.</text> </paragraph> <paragraph num="D."> <text>Personal Contact with Customer.</text> <paragraph num="(1)"> <text>In addition to the requirements of §A of this regulation, for any termination occurring within the above wintertime period, the utility shall, at a minimum, attempt to make personal contact with the customer twice between the date the notice of termination is mailed to the customer and the date on or after which service is to be terminated.</text> </paragraph> <paragraph num="(2)"> <text>The utility's attempt to make personal contact under this section shall occur on two separate days.</text> </paragraph> <paragraph num="(3)"> <text>The utility's attempt to make personal contact with a customer shall be by either:</text> <paragraph num="(a)"> <text>Telephoning the customer during business hours, or, if no one is home, during the evening after 6 p.m.; or</text> </paragraph> <paragraph num="(b)"> <text>Visiting the premises and leaving a copy of the notice of termination and either a Customer's Rights Pamphlet or a pamphlet which explains the customer winter termination rights, including the Utility Service Protection Program with the customer or a responsible person 18 years old or older at the premises, or if no one is home, leaving a copy of the notice and pamphlets at the premises.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>The utility shall document each attempt to make personal contact under this section.</text> </paragraph> <paragraph num="(5)"> <text>Financial Assistance. If personal contact is made, the utility shall inform the customer of possible sources of financial assistance and of the availability of alternate payment plans and the Utility Service Protection Program offered by the utility.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Temporary Restriction. In addition to the provisions of §A of this regulation, a utility may not terminate service because of nonpayment to any customer in a utility's designated weather station area for that customer in which the forecast temperature made at 6 a.m. is 32 degrees Fahrenheit or below in that weather station area during an extreme weather period.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Temporary Residential Weather Restriction."> <paragraph num="A."> <text>A utility may not terminate service because of nonpayment to any customer if the utility's designated weather station area for that customer is in a winter extreme weather period.</text> </paragraph> <paragraph num="B."> <text>A utility may not terminate, either gas service that is used for cooling if the customer has notified the gas utility of that usage, or electric service, because of nonpayment, for any customer occupying a residential building, if the utility's weather station area for that customer is in a summer extreme weather period.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Designations and Approval of Weather Station Areas."> <paragraph num="A."> <text>A utility shall designate and file with the Commission for approval a list of one or more weather station areas within its service territory which specifies the portion of the utility's service territory covered by each weather station area for the purpose of complying with Regulations .03 and .04 of this chapter.</text> </paragraph> <paragraph num="B."> <text>After the initial filing, a utility is only required to file subsequent designations for approval when changes are made to previously approved weather stations areas.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Occupants of a Master-Metered Building."> <paragraph num="A."> <text>This regulation applies to terminations of service in master-metered buildings.</text> </paragraph> <paragraph num="B."> <text>A utility shall notify occupants in a master-metered building of an impending termination of service by all of the following.</text> <paragraph num="(1)"> <text>Individually notify all occupants by:</text> <paragraph num="(a)"> <text>First-class mail, postmarked not less than 14 days prior to the proposed date of disconnection and addressed to the “occupant” of each dwelling unit subject to the loss of service if the postal address is readily available to the utility; or</text> </paragraph> <paragraph num="(b)"> <text>Flyers or “door stuffers”, of a proposed termination at least 14 days before the scheduled termination date; and</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Notify occupants by posting termination notices in conspicuous locations in the building, such as near mailboxes, entrances, and exits at least 14 days before the scheduled termination date.</text> </paragraph> </paragraph> <paragraph num="C."> <text>In a situation where the utility is unable to comply with §B(1) and/or (2) of this regulation despite reasonable, documented efforts to do so, the utility may seek a waiver from the Commission of its obligations under §B(1) and/or (2) of this regulation pursuant to COMAR 20.07.01.01-1. If a waiver from §B(1) and/or (2) of this regulation is requested, the utility shall not terminate service to the master-metered building until the Commission rules on the utility’s requested waiver or the utility shall have complied with §B(1) and (2) of this regulation, provided that the waiver request shall be deemed approved if the Commission has not acted upon it within 30 days of filing.</text> </paragraph> <paragraph num="D."> <text>If the utility seeks a waiver under §C of this regulation, the utility shall also, no later than 1 business day after its waiver request, notify, via electronic mail and first class mail, the Commission’s Consumer Affairs Division and the People’s Counsel of:</text> <paragraph num="(1)"> <text>The utility’s waiver request; and</text> </paragraph> <paragraph num="(2)"> <text>All the utility’s efforts to fully comply with §B(1) and (2) of this regulation and why complete compliance was not feasible.</text> </paragraph> </paragraph> <paragraph num="E."> <text>The notices provided pursuant to §B(1) and (2) of this regulation shall, at a minimum, include the following:</text> <paragraph num="(1)"> <text>A statement that the utility intends to terminate utility service to the master-metered building;</text> </paragraph> <paragraph num="(2)"> <text>The name of the utility customer in whose name the account is maintained and the customer’s mailing address, email address, phone number as reflected in the records of the utility not including the account number or other confidential information without the consent of the customer of record;</text> </paragraph> <paragraph num="(3)"> <text>The address of the master-metered building where service is to be terminated not including the amount owed or other billing, payment, credit or similar information without the consent of the customer of record;</text> </paragraph> <paragraph num="(4)"> <text>The date on or after which the proposed termination will occur;</text> </paragraph> <paragraph num="(5)"> <text>The office address of the utility and the utility’s customer service phone number;</text> </paragraph> <paragraph num="(6)"> <text>A statement that the occupant has applicable rights with respect to the potential service termination subject to the provisions of COMAR 20.31.03.01, including:</text> <paragraph num="(a)"> <text>The right to delay termination for an initial period of up to 30 days beyond the scheduled date of service termination when the termination will aggravate an existing serious illness or prevent the use of life-support equipment of any occupant of the master-metered building;</text> </paragraph> <paragraph num="(b)"> <text>How occupants can notify the utility in such circumstances including providing the required certification to the utility; and</text> </paragraph> <paragraph num="(c)"> <text>That after the initial delay, certification may be renewed once to request an additional delay by providing another certificate to the utility;</text> </paragraph> </paragraph> <paragraph num="(7)"> <text>A statement that it is the responsibility of the customer to notify the utility if the customer is unable to pay for service in accordance with the requirements of the utility’s billing practices;</text> </paragraph> <paragraph num="(8)"> <text>A statement that limited-income occupants may qualify for assistance including for:</text> <paragraph num="(a)"> <text>Financial and/or relocation assistance through 2-1-1 Maryland, and the current contact details, including phone number and website, for 2-1-1 Maryland; and</text> </paragraph> <paragraph num="(b)"> <text>Financial assistance towards utility bill payments through the Maryland Energy Assistance Program may be available, but only to limited income individuals, upon relocation and establishment of a utility account in their own name, and the current contact details, including phone number and website, for the Maryland Department of Human Services, Office of Home Energy Programs, which administers the Maryland Home Energy Assistance Program; and</text> </paragraph> </paragraph> <paragraph num="(9)"> <text>A statement that for further information the occupant can contact:</text> <paragraph num="(a)"> <text>The Maryland Public Service Commission’s Consumer Affairs Division and the current phone number for the Maryland Public Service Commission’s Consumer Affairs Division;</text> </paragraph> <paragraph num="(b)"> <text>The Maryland Office of People’s Counsel and the current phone number for the Maryland Office of People’s Counsel;</text> </paragraph> <paragraph num="(c)"> <text>The utility’s customer service division and the current phone number for the utility’s customer service division; and</text> </paragraph> <paragraph num="(d)"> <text>The Maryland Office of Attorney General, Consumer Protection Division and the current phone number for the Maryland Office of Attorney General, Consumer Protection Division.</text> </paragraph> </paragraph> </paragraph> <paragraph num="F."> <text>The notices posted pursuant to §B(2) of this regulation may also include the information required as necessary to satisfy Public Utilities Article, §7-307.2, Annotated Code of Maryland.</text> </paragraph> <paragraph num="G."> <text>If a utility does not terminate service within 60 days of the date of the proposed termination in the notice posted pursuant to §B(2) of this regulation, the utility shall provide additional notices pursuant to §B(2) of this regulation.</text> </paragraph> <paragraph num="H."> <text>In addition to the notices prescribed in §B of this regulation, a utility shall, not less than 14 days prior to termination of service to a master-metered building, provide written and electronic notice of its intention to terminate to the Commission’s Consumer Affairs Division, Maryland Office of People’s Counsel, the Maryland Office of the Attorney General, Consumer Protection Division, and any director of the social services for the political subdivision or subdivisions in which the master-metered building is located as well as a brief description of the notice provided.</text> </paragraph> <paragraph num="I."> <text>Each utility shall identify and maintain on its records those accounts for service to master-metered buildings to ensure that service to such premises is not terminated prior to compliance with the provisions of this section. It shall be the responsibility of the customer to inform the utility that service is being provided to a master-metered building. The utility shall ask the customer at the time a new service application is submitted whether service is requested at a master-metered building and publish information about how to notify the utility that service is being provided to a master-metered building in its annual consumer publication and on its website.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Public Utilities Article, §§2-113, 2-121, 5-101, and 7-307, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: October 12, 1981 (8:20 Md. R. 1637)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended effective November 8, 2004 (31:22 Md. R. 1597)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02 amended as an emergency provision effective January 1, 2003 (30:5 Md. R. 364); amended permanently effective January 20, 2003 (30:1 Md. R. 29)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 amended effective October 22, 1984 (11:21 Md. R. 1816); August 6, 1990 (17:15 Md. R. 1862)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 amended as an emergency provision effective January 1, 2003 (30:5 Md. R. 364); amended permanently effective January 20, 2003 (30:1 Md. R. 29)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03B amended as an emergency provision effective January 1, 2002 (29:3 Md. R. 215); emergency status expired June 30, 2002</annotation> <annotation type="History" subtype="Administrative History">Regulation .03C adopted effective May 24, 1982 (9:10 Md. R. 1023)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04 adopted effective August 6, 1990 (17:15 Md. R. 1862)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised as an emergency provision effective February 18, 2010 (37:6 Md. R. 475); revised permanently effective July 12, 2010 (37:14 Md. R. 940)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended effective June 8, 2015 (42:11 Md. R. 727); January 30, 2017 (44:2 Md. R. 85)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04 amended effective June 9, 2025 (52:11 Md. R. 533)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05A amended effective July 8, 2024 (51:13 M. R. 647)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05B adopted effective July 8, 2024 (51:13 M. R. 647)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06 amended effective April 22, 2019 (46:8 Md. R. 401)</annotation> </annotations> </chapter> <chapter num="04" heading="Special Provisions" reason="Repealed"> <annotations> <annotation type="History" subtype="Administrative History">Effective date: October 12, 1981 (8:20 Md. R. 1637)</annotation> <annotation type="History" subtype="Administrative History">Chapter repealed effective August 6, 1990 (17:15 Md. R. 1862)</annotation> </annotations> </chapter> <chapter num="05" heading="Utility Service Protection Program"> <regulation prefix="Regulation" num=".01" heading="Scope and Applicability."> <paragraph num="A."> <text>This chapter applies to all electric utilities, gas utilities, and combination electric and gas utilities, as defined in this subtitle, under the jurisdiction of the Public Service Commission.</text> </paragraph> <paragraph num="B."> <text>This chapter governs terminations and reconnections of electric service, gas service, or both, for residential customers qualifying for the Utility Service Protection Program (USPP).</text> </paragraph> <paragraph num="C."> <text>Upon good cause shown, the Commission may authorize a municipally owned electric utility, a municipally owned electric and gas utility, or an electric or gas utility with fewer than 5,000 customers to establish instead of the Utility Service Protection Program another program designed to safeguard MEAP customers from termination of service during the heating season. In order to obtain this authorization, the utility shall show to the satisfaction of the Commission that implementation of the USPP will be unduly burdensome for the utility and that the alternative program provides adequate and appropriate safeguards to MEAP customers.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Arrearage” or “outstanding arrearage” means amounts owed by a customer for gas or electric service other than the most current billing cycle usage.</text> </paragraph> <paragraph num="(2)"> <text>“Heating season” means billing months of November through March of successive calendar years.</text> </paragraph> <paragraph num="(3)"> <text>“MEAP” means the Maryland Energy Assistance Program administered by the Maryland Department of Human Services.</text> </paragraph> <paragraph num="(4)"> <text>“MEAP eligible” means a utility customer who has met the criteria established by the Maryland Energy Assistance Program for receipt of an energy assistance grant.</text> </paragraph> <paragraph num="(5)"> <text>“Poverty levels” or “percentages of poverty” means the income guidelines used by the Department of Human Services to establish income eligibility for MEAP grants.</text> </paragraph> <paragraph num="(6)"> <text>“Program participant” means a customer who has met all eligibility requirements, completed all application procedures, and is enrolled in the Utility Service Protection Program.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Utility Service Protection Program."> <paragraph num="A."> <text>Each utility under the jurisdiction of the Public Service Commission shall provide and administer a Utility Service Protection Program consistent with these regulations.</text> </paragraph> <paragraph num="B."> <text>Each utility shall establish and offer its Utility Service Protection Program before November 1 of each year.</text> </paragraph> <paragraph num="C."> <text>Before November 1 of each year, each utility shall advise customers of the availability of the Utility Service Protection Program through all of the following:</text> <paragraph num="(1)"> <text>Bill inserts in September and October which provide a description of the Utility Service Protection Program.</text> </paragraph> <paragraph num="(2)"> <text>Either a Customer Rights Pamphlet which includes a general summary of the Utility Service Protection Program or a separate pamphlet explaining the Utility Service Protection Program.</text> </paragraph> <paragraph num="(3)"> <text>Normal collection procedures.</text> </paragraph> <paragraph num="(4)"> <text>A letter to all electric and gas heating customers whose service was terminated since the last heating season and not reconnected. The letter should include:</text> <paragraph num="(a)"> <text>The provisions of the Utility Service Protection Program;</text> </paragraph> <paragraph num="(b)"> <text>The amount of the customer's arrearage;</text> </paragraph> <paragraph num="(c)"> <text>The conditions for service reconnection under Regulation .08; and</text> </paragraph> <paragraph num="(d)"> <text>Information regarding the availability and sources of assistance for which the customer may qualify.</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>Other reasonable promotional efforts.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Eligibility for Utility Service Protection Program."> <text>Utility customers eligible for energy assistance from the Maryland Energy Assistance Program (MEAP) are eligible for participation in the Utility Service Protection Program, provided that the customer:</text> <paragraph num="A."> <text>Complies with the application procedures set forth in Regulation .05; and</text> </paragraph> <paragraph num="B."> <text>Secures reconnection of any terminated gas or electric service by making the designated payment for outstanding arrearages described in Regulation .08.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Application Procedures."> <paragraph num="A."> <text>For participation in the Utility Service Protection Program, a customer shall apply for the Maryland Energy Assistance Program for those utilities which provide gas and electric service to the customer.</text> </paragraph> <paragraph num="B."> <text>Completed applications forwarded by MEAP to the utility shall include:</text> <paragraph num="(1)"> <text>A written certification from MEAP that the applicant has applied and is eligible for MEAP; and</text> </paragraph> <paragraph num="(2)"> <text>A written designation from MEAP of the applicant's poverty level and grant amount payable to the utility.</text> </paragraph> </paragraph> <paragraph num="C."> <text>The applicant shall sign a form requesting participation in the USPP and agreeing to:</text> <paragraph num="(1)"> <text>Comply with the terms of the Utility Service Protection Program;</text> </paragraph> <paragraph num="(2)"> <text>Make payments pursuant to an annual payment plan which is specific to the customer and calculated in accordance with Regulation .06; and</text> </paragraph> <paragraph num="(3)"> <text>Make payments pursuant to a supplemental payment plan to retire any accumulated arrearages under COMAR 20.31.01.08. The utility shall consider the poverty level of the household as determined in the MEAP application in establishing the amount of the required monthly payment to liquidate arrearages.</text> </paragraph> </paragraph> <paragraph num="D."> <text>At the time of application, an applicant shall be notified of all protections and responsibilities accorded under Regulations .06—.08 of this chapter.</text> </paragraph> <paragraph num="E."> <text>An applicant shall be promptly notified by the utility of his acceptance into the Utility Service Protection Program and be provided with a copy of the equal monthly payment plan designated for that applicant under Regulation .06 of this chapter.</text> </paragraph> <paragraph num="F."> <text>Each utility shall reimburse the MEAP for its administrative costs of taking applications from program participants and forwarding them to the utility. The charge shall be as established by the Commission upon request by MEAP.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Equal Monthly Payment Plan."> <paragraph num="A."> <text>An equal monthly payment plan based on the estimated cost of average annual utility usage minus annual MEAP benefits payable to the utility shall be used as the basis to determine appropriate payments for participation in the Utility Service Protection Program.</text> </paragraph> <paragraph num="B."> <text>Monthly payments shall be calculated as follows:</text> <paragraph num="(1)"> <text>The utility shall calculate average annual cost based on a 12-month history of the customer's dwelling or a comparable dwelling;</text> </paragraph> <paragraph num="(2)"> <text>The average annual cost shall be reduced by the amount of the participant's MEAP benefit; and</text> </paragraph> <paragraph num="(3)"> <text>The estimated annual cost shall be divided by 12 to give the monthly payment obligation.</text> </paragraph> </paragraph> <paragraph num="C."> <text>The monthly bill shall separately state each of the following:</text> <paragraph num="(1)"> <text>The combined amount due under the equal monthly payment plan plus the amount due under the supplemental payment plan under COMAR 20.31.04.01, if applicable;</text> </paragraph> <paragraph num="(2)"> <text>The actual usage for the month; and</text> </paragraph> <paragraph num="(3)"> <text>The cost of the actual usage for the month.</text> </paragraph> </paragraph> <paragraph num="D."> <text>The estimated annual obligation shall be recalculated at least once a year to reflect actual customer consumption. If actual usage exceeds the average monthly billing, the excess may be amortized over future monthly payments.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Terminations of Service."> <paragraph num="A."> <text>If a customer fails to make a payment in compliance with his equal monthly payment plan, a utility shall provide at least one warning notice that the payment is past due and that nonpayment of two consecutive bills shall render the customer subject to removal from the Utility Service Protection Program and service termination.</text> </paragraph> <paragraph num="B."> <text>Except as otherwise provided in §D, a customer may be removed from the Utility Service Protection Program and subject to service termination if the customer fails to pay, on two consecutive monthly due dates, the amount due.</text> </paragraph> <paragraph num="C."> <text>Notwithstanding a customer making payments in compliance with his equal monthly payment plan, the customer may be subject to service termination when applicable grounds exist under COMAR 20.31.02.03 or COMAR 20.31.02.04.</text> </paragraph> <paragraph num="D."> <text>In initiating service termination, the utility shall comply with COMAR 20.31 before any termination of service may occur.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Reconnection of Service."> <paragraph num="A."> <text>A customer eligible for participation in the Utility Service Protection Program who is not receiving utility service shall have his utility service reconnected for the purpose of participation in the Utility Service Protection Program, provided that the customer:</text> <paragraph num="(1)"> <text>Is certified eligible for MEAP assistance;</text> </paragraph> <paragraph num="(2)"> <text>Complies with the application procedures in Regulation .05; and</text> </paragraph> <paragraph num="(3)"> <text>Makes the designated payment for outstanding arrearages as described in §B.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Amount of Payment.</text> <paragraph num="(1)"> <text>A customer participating in the Utility Service Protection Program shall pay an amount sufficient to reduce the outstanding arrearage to $400.</text> </paragraph> <paragraph num="(2)"> <text>A customer who has previously participated in and has been removed from the Utility Service Protection Program shall pay the greater of:</text> <paragraph num="(a)"> <text>An amount sufficient to reduce outstanding arrearage to $400; or</text> </paragraph> <paragraph num="(b)"> <text>The amount covering the monthly installments in arrears in the customer's equal monthly payment account and supplemental payment account at the date of reconnection.</text> </paragraph> </paragraph> </paragraph> <paragraph num="C."> <text>Application of MEAP Benefits to Arrearages.</text> <paragraph num="(1)"> <text>Applicants for the USPP program may elect to apply all or part of the MEAP benefit to past arrearages to qualify for participation in the USPP after all other emergency funds, public and private, for which the client is eligible have been used.</text> </paragraph> <paragraph num="(2)"> <text>In the case of an election in §C(1), the equal monthly payment shall be based on estimated annual consumption less any remaining MEAP benefits.</text> </paragraph> </paragraph> <paragraph num="D."> <text>A reconnection fee or additional security deposit may not be charged to customers eligible for reconnection under §A.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".09" heading="Utility Data Collection."> <text>In order to evaluate the impact of the Utility Service Protection Program, each participating utility shall compile and maintain certain data, as specified by the Public Service Commission, to be filed with the Commission for the year ending March 31. The data shall be filed with the Commission not later than September 1.</text> </regulation> <regulation prefix="Regulation" num=".10" heading="Notifications to Department of Housing and Community Development."> <paragraph num="A."> <text>For purposes of scheduling low-cost weatherization, utilities shall provide the Department of Housing and Community Development Weatherization Program with the names and addresses of customers with incomes at 50 percent of poverty or below whose service is reconnected pursuant to Regulation .08.</text> </paragraph> <paragraph num="B."> <text>Each utility shall furnish the Department of Housing and Community Development with the name, address, and winter energy consumption, November through March, of those Utility Service Protection Program participants whose usage is 135 percent or more of the system average for residential consumption of that fuel. The utility shall also notify the customer of his high energy consumption.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Public Utilities Article, §§2-113, 2-121, 5-101, and 7-307, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: October 22, 1984 (11:21 Md. R. 1816)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01B amended effective August 25, 1986 (13:17 Md. R. 1924); September 20, 1987 (14:19 Md. R. 2060)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03B, C amended effective August 25, 1986 (13:17 Md. R. 1924); September 20, 1987 (14:19 Md. R. 2060)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05 amended effective August 25, 1986 (13:17 Md. R. 1924)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05F amended effective September 20, 1987 (14:19 Md. R. 2060)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06C amended effective October 6, 1986 (13:20 Md. R. 2213); September 20, 1987 (14:19 Md. R. 2060)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06D amended effective September 20, 1987 (14:19 Md. R. 2060)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08 amended effective August 25, 1986 (13:17 Md. R. 1924); September 20, 1987 (14:19 Md. R. 2060)</annotation> <annotation type="History" subtype="Administrative History">Regulation .09C amended effective September 20, 1987 (14:19 Md. R. 2060)</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.10, Winter Heating Protection Program, repealed effective November 14, 1988 (15:23 Md. R. 2661)</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.10, Utility Service Protection Program, adopted effective November 14, 1988 (15:23 Md. R. 2661)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01B amended effective August 23, 2021 (48:17 Md. R. 669)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05D amended effective August 23, 2021 (48:17 Md. R. 669)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05F amended effective December 24, 1990 (17:25 Md. R. 2909); June 17, 1996 (23:12 Md. R. 873)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07E repealed effective August 23, 2021 (48:17 Md. R. 669)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08B, C amended effective August 23, 2021 (48:17 Md. R. 669)</annotation> <annotation type="History" subtype="Administrative History">Regulation .09 amended effective August 23, 2021 (48:17 Md. R. 669)</annotation> </annotations> </chapter> </subtitle> <subtitle num="32" heading="Dispute Procedures"> <chapter num="01" heading="Dispute Regulations"> <regulation prefix="Regulation" num=".01" heading="Applicability."> <paragraph num="A."> <text>This subtitle applies to all electric companies, gas companies, combination gas and electric companies, telephone companies, licensed suppliers, licensed brokers, registered CSEGS subscriber organizations, and water companies under the jurisdiction of the Public Service Commission.</text> </paragraph> <paragraph num="B."> <text>Except for complaints initially filed under Public Utilities Article, §3-102, Annotated Code of Maryland, and COMAR 20.07.03, this subtitle governs customer disputes with utilities, which are reviewed, investigated, or resolved by the Consumer Affairs Division within the Commission pursuant to this subtitle.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this subtitle, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“CAD” means the Consumer Affairs Division within the Commission pursuant to this subtitle.</text> </paragraph> <paragraph num="(2)"> <text>“Commission” means the Public Service Commission of Maryland.</text> </paragraph> <paragraph num="(3)"> <text>“Community Solar energy generating system” or “CSEGS” has the meaning stated in Public Utilities Article, §7-306.2, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(4)"> <text>“Customer” means any person, association, partnership, corporation, or governmental agency who has applied for utility service, in whose name a utility service account is maintained, or has been solicited by a supplier to purchase energy supply.</text> </paragraph> <paragraph num="(5)"> <text>“Dispute” means a disagreement between a utility and a customer regarding provision of utility service, disputed bills, billing practices, or terminations of service.</text> </paragraph> <paragraph num="(6)"> <text>“Disputed bill” means a bill which is the subject of a controversy between a customer and a utility regarding any billing error, including, but not limited to:</text> <paragraph num="(a)"> <text>Errors in computation;</text> </paragraph> <paragraph num="(b)"> <text>Failure of the bill to reflect a payment or credit; or</text> </paragraph> <paragraph num="(c)"> <text>Billing for service for which the customer alleges he was not responsible.</text> </paragraph> </paragraph> <paragraph num="(7)"> <text>“Inquiry” means the written or oral communication used by a customer to request review of a dispute.</text> </paragraph> <paragraph num="(8)"> <text>“Mediation” means a third-party effort to resolve, negotiate, or conciliate a dispute.</text> </paragraph> <paragraph num="(9)"> <text>“Subscriber organization” has the meaning stated in COMAR 20.62.01.02B(19).</text> </paragraph> <paragraph num="(10)"> <text>“Supplier” has the meaning defined in COMAR 20.54.01.02B(9) and COMAR 20.51.01.02B(10).</text> </paragraph> <paragraph num="(11)"> <text>“Termination” means the discontinuance of electric, gas, or telephone service to a customer or premises.</text> </paragraph> <paragraph num="(12)"> <text>“Utility” means an electric company, gas company, combination gas and electric company, telephone company, or water company as defined by Public Utilities Article, §1-101, Annotated Code of Maryland.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Inquiry to Utility."> <paragraph num="A."> <text>A customer shall initially submit any inquiry or dispute directly to a utility, supplier, or a subscriber organization for resolution.</text> </paragraph> <paragraph num="B."> <text>A utility, supplier, or subscriber organization shall investigate a customer dispute or inquiry, and propose a resolution of the dispute to the customer or report its findings to the customer. In responding to a customer inquiry about price and service, a utility may provide information about its SOS and Sales service rates and may refer the customer to the website of the Commission or the Office of People’s Counsel for additional information.</text> </paragraph> <paragraph num="C."> <text>If a utility determines that its actions with regard to the dispute or inquiry are consistent with Public Utilities Article, Annotated Code of Maryland, COMAR Title 20, orders of the Commission, and its own tariffs, the utility shall notify the customer and may:</text> <paragraph num="(1)"> <text>Require full payment of the bill; or</text> </paragraph> <paragraph num="(2)"> <text>Begin termination proceedings under COMAR 20.31.</text> </paragraph> </paragraph> <paragraph num="D."> <text>A utility may not terminate a customer's service before complying with §§B, C, and G of this regulation.</text> </paragraph> <paragraph num="E."> <text>A utility may terminate a customer's service under COMAR 20.31.02.03 while resolution or disposition of a dispute or inquiry is pending.</text> </paragraph> <paragraph num="F."> <text>A utility may require a customer to pay the undisputed portion of a bill while resolution or disposition of a dispute or inquiry is pending.</text> </paragraph> <paragraph num="G."> <text>If a customer disputes a utility's determination, the utility shall inform the customer of the right to submit an inquiry to the Commission under Regulation .04 of this chapter, and shall provide the address and telephone number of CAD.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Inquiry to Public Service Commission."> <paragraph num="A."> <text>If a customer disputes a utility’s, a supplier’s, or a Subscriber organization’s determination under Regulation .03 of this chapter, the customer may submit an inquiry to the Commission within 7 days of receipt of the determination.</text> </paragraph> <paragraph num="B."> <text>If a customer contacts the Commission or its staff before contacting the utility, the supplier, or the subscriber organization, the customer shall be advised of Regulation .03 of this chapter and referred to the utility, supplier, or the subscriber organization.</text> </paragraph> <paragraph num="C."> <text>The Consumer Affairs Division may review and investigate an inquiry referred by the Commission, its staff, or a customer.</text> <paragraph num="(1)"> <text>If the CAD initiates an investigation, it shall:</text> <paragraph num="(a)"> <text>Inform the utility or supplier in writing that an investigation shall be opened; and</text> </paragraph> <paragraph num="(b)"> <text>Request information from the utility or supplier to review the inquiry.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>When engaging in an investigation, the CAD may consult with other agencies including the Commission staff, the Attorney General’s Office or the Office of People’s Counsel.</text> </paragraph> <paragraph num="(3)"> <text>The CAD shall close its investigation in writing if:</text> <paragraph num="(a)"> <text>The CAD determines that no further investigation is necessary or warranted;</text> </paragraph> <paragraph num="(b)"> <text>The CAD determines that the Commission has no jurisdiction to pursue an investigation;</text> </paragraph> <paragraph num="(c)"> <text>A satisfactory resolution to the inquiry is reached; or</text> </paragraph> <paragraph num="(d)"> <text>Any reason that requires closure of the investigation.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>The CAD may submit a summary of its written findings and conclusions to the Commission if no resolution is reached.</text> </paragraph> <paragraph num="(5)"> <text>The summary of written findings and conclusions shall be treated as an appeal under COMAR 20.32(M).</text> </paragraph> </paragraph> <paragraph num="D."> <text>CAD may require that a customer submit a written inquiry to expedite investigation of a dispute.</text> </paragraph> <paragraph num="E."> <text>A written inquiry shall include:</text> <paragraph num="(1)"> <text>The name, address, telephone number, and account number of the customer;</text> </paragraph> <paragraph num="(2)"> <text>The name of the utility and supplier, if there is one;</text> </paragraph> <paragraph num="(3)"> <text>The reason for the inquiry or dispute;</text> </paragraph> <paragraph num="(4)"> <text>A summary of the customer’s efforts to resolve the inquiry or dispute with the utility or supplier; and</text> </paragraph> <paragraph num="(5)"> <text>Copies of bills, termination notices, correspondence, or other documentation relevant to the inquiry.</text> </paragraph> </paragraph> <paragraph num="F."> <text>After receipt of an inquiry, CAD shall initiate a review and an investigation to resolve the matter that includes but is not limited to:</text> <paragraph num="(1)"> <text>Obtaining information from the utility or supplier and customer;</text> </paragraph> <paragraph num="(2)"> <text>Reviewing applicable statutes, regulations, and tariffs; and</text> </paragraph> <paragraph num="(3)"> <text>Mediating between the parties.</text> </paragraph> </paragraph> <paragraph num="G."> <text>A utility, a supplier, a subscriber organization, and a customer may be given an opportunity to respond to the position or information provided to CAD by the other party.</text> </paragraph> <paragraph num="H."> <text>A utility and a supplier or subscriber organization shall respond to a CAD request for investigation or information and shall make a good faith attempt to do so within 7 working days of its receipt.</text> </paragraph> <paragraph num="I."> <text>An inquiry or dispute brought under this subtitle may be closed if CAD determines in the course of its investigation that the:</text> <paragraph num="(1)"> <text>Customer has not dealt with the utility, the supplier, or the subscriber organization in good faith;</text> </paragraph> <paragraph num="(2)"> <text>Customer has otherwise failed to comply with COMAR Title 20; or</text> </paragraph> <paragraph num="(3)"> <text>Utility, supplier, or subscriber organization has complied with Public Utilities Article, Annotated Code of Maryland, the Commission’s regulations and orders, and the utility’s own tariff.</text> </paragraph> </paragraph> <paragraph num="J."> <text>CAD shall provide the utility, the supplier if there is one, the subscriber organization, if there is one, and the customer with a written summary of its findings and conclusions on completion of its investigation.</text> </paragraph> <paragraph num="K."> <text>If CAD believes that a dispute or inquiry has been satisfactorily resolved, the parties shall be advised that no further action will be taken, and that the file will be closed unless a request for further review under §L of this regulation is submitted.</text> </paragraph> <paragraph num="L."> <text>Request for Further Review.</text> <paragraph num="(1)"> <text>Parties may request further review of an inquiry or dispute by filing a written request with the Assistant Director of CAD within 10 days after receiving CAD’s summary of its findings or conclusions, or notice that a file has been closed.</text> </paragraph> <paragraph num="(2)"> <text>A request for further review shall include:</text> <paragraph num="(a)"> <text>An explanation of the need for further review;</text> </paragraph> <paragraph num="(b)"> <text>The action or relief requested; and</text> </paragraph> <paragraph num="(c)"> <text>New or additional information or documentation relevant to the dispute.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>The Assistant Director may further investigate, as warranted, or convene an informal conference among the parties, to mediate or resolve the dispute.</text> </paragraph> <paragraph num="(4)"> <text>The Assistant Director shall advise the utility and the customer of the disposition of the request for further review.</text> </paragraph> </paragraph> <paragraph num="M."> <text>The Assistant Director’s disposition may be appealed to the Commission within 10 days of its receipt by filing a complaint under Public Utilities Article, §3-102, Annotated Code of Maryland, and COMAR 20.07.03.</text> </paragraph> <paragraph num="N."> <text>Pending the disposition of a customer’s inquiry or dispute by the Public Service Commission, a utility:</text> <paragraph num="(1)"> <text>May require a customer to pay only the undisputed portion of a bill; and</text> </paragraph> <paragraph num="(2)"> <text>May not terminate a customer’s service or pursue recovery through third party collection efforts of any charges or fees billed to the customer but not purchased by the utility, except for reasons permissible under COMAR 20.31.02.03.</text> </paragraph> </paragraph> </regulation> <annotations> <annotation type="Authority">Public Utilities Article, §§2-112, 2-113, 2-121, and 3-102, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: August 6, 1990 (17:15 Md. R. 1862)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01A amended effective March 14, 2016 (43:5 Md. R. 386); July 18, 2016 (43:14 Md. R. 780)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01B amended effective June 15, 1998 (25:12 Md. R. 948)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended effective June 15, 1998 (25:12 Md. R. 948); March 14, 2016 (43:5 Md. R. 386); July 18, 2016 (43:14 Md. R. 780)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03A, B amended effective March 14, 2016 (43:5 Md. R. 386); July 18, 2016 (43:14 Md. R. 780)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03G amended effective June 15, 1998 (25:12 Md. R. 948)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04 amended effective June 15, 1998 (25:12 Md. R. 948); March 14, 2016 (43:5 Md. R. 386); July 18, 2016 (43:14 Md. R. 780)</annotation> </annotations> </chapter> </subtitle> <subtitle num="40" heading="Electric and Gas Companies — Affiliate Regulations"> <chapter num="01" heading="General"> <regulation prefix="Regulation" num=".01" heading="Scope."> <paragraph num="A."> <text>Except as provided in §B of this regulation, this subtitle applies to all electric, gas, and combination electric and gas utilities.</text> </paragraph> <paragraph num="B."> <text>This subtitle does not apply:</text> <paragraph num="(1)"> <text>To a municipal electric or gas utility;</text> </paragraph> <paragraph num="(2)"> <text>To a combination municipal electric and gas utility;</text> </paragraph> <paragraph num="(3)"> <text>To an electric or gas utility that supplies electric or gas service to less than 1,000 meters in the State;</text> </paragraph> <paragraph num="(4)"> <text>To a gas utility that distributes only propane gas; or</text> </paragraph> <paragraph num="(5)"> <text>During an emergency.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Purpose."> <text>The purpose of this subtitle is to establish regulations that promote competitive markets and ensure that an electric or gas utility does not subsidize its affiliates.</text> </regulation> <regulation prefix="Regulation" num=".03" heading="Definitions."> <paragraph num="A."> <text>In this subtitle, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Asset” means property of a type included in the rate base of a utility.</text> </paragraph> <paragraph num="(2)"> <text>“Asymmetric pricing” means the transfer of an asset:</text> <paragraph num="(a)"> <text>From a utility to an affiliate recorded at the greater of book cost or market value; or</text> </paragraph> <paragraph num="(b)"> <text>From an affiliate to a utility recorded at the lesser of book cost or market value.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>“Core service” means a gas or electric supply service that was provided to the public in Maryland by a utility as a monopoly service, within the utility's distribution territory, before the introduction of customer choice programs.</text> </paragraph> <paragraph num="(4)"> <text>Core Service Affiliate.</text> <paragraph num="(a)"> <text>“Core service affiliate” means a person that is controlled by a utility or an entity that controls the utility, directly or indirectly, and that provides a core service.</text> </paragraph> <paragraph num="(b)"> <text>“Core service affiliate” includes a person that provides core and non-core service.</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>“Cost allocation manual (CAM)” means a compilation of policies and procedures for the allocation and assignment of costs, which are shared between a utility and its affiliate.</text> </paragraph> <paragraph num="(6)"> <text>“Emergency” means:</text> <paragraph num="(a)"> <text>A natural disaster, including a hurricane, tornado, or snow storm, that impacts utility service;</text> </paragraph> <paragraph num="(b)"> <text>Any national or State-declared state of emergency or condition resulting in federal, State, or local government closing its respective offices;</text> </paragraph> <paragraph num="(c)"> <text>An abnormal utility system condition requiring manual or automatic action to:</text> <paragraph num="(i)"> <text>Maintain system frequency; or</text> </paragraph> <paragraph num="(ii)"> <text>Prevent loss of firm load, equipment damage, disconnection of system elements that could adversely affect utility service, the reliability of a utility electric system or natural gas system, or the safety of persons or property; or</text> </paragraph> </paragraph> <paragraph num="(d)"> <text>Acts of others including riots, sabotage, acts of terrorism, insurrections, nationalization, or wars, which adversely affect utility service or the reliability of a utility electric system or natural gas system.</text> </paragraph> </paragraph> <paragraph num="(7)"> <text>“Image advertisement” means a corporate public announcement that does not include core or non-core service affiliate contact information.</text> </paragraph> <paragraph num="(8)"> <text>“Non-core service” means any service offered or provided to the public in Maryland that is not a core service.</text> </paragraph> <paragraph num="(9)"> <text>“Non-core service affiliate” means a person that is controlled by either a utility or a person that controls the utility, directly or indirectly, and that provides only non-core services to the public in Maryland.</text> </paragraph> <paragraph num="(10)"> <text>Operational Personnel.</text> <paragraph num="(a)"> <text>“Operational personnel” means an employee, contractor, consultant, or agent of an electric or gas utility who conducts distribution system operations or reliability functions, including those who are engaged in day-to-day duties and responsibilities for planning, directing, organizing, or carrying out distribution-related operations.</text> </paragraph> <paragraph num="(b)"> <text>“Operational personnel” does not include support personnel or field and maintenance employees of a utility.</text> </paragraph> </paragraph> <paragraph num="(11)"> <text>“Standard offer service (SOS)” has the meaning stated in COMAR 20.52.01.02B(8).</text> </paragraph> <paragraph num="(12)"> <text>“Utility” means an electric or gas company as defined in Public Utilities Article, §1-101, Annotated Code of Maryland.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Waiver of Regulations."> <paragraph num="A."> <text>Except as provided §B of this regulation, a regulation in this subtitle may be waived by the Commission for good cause shown.</text> </paragraph> <paragraph num="B."> <text>COMAR 20.40.02.07 may not be waived.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Public Utilities Article, §§2-113, 2-121, 7-505, 7-604, and 7-606, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: January 1, 1971 (Order No. 59158)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended effective September 4, 1989 (16:17 Md. R. 1887)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01C amended effective March 15, 1971 (Order No. 59258)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01G amended effective March 15, 1971 (Order No. 59248)and July 1, 1971 (Order No. 59375); May 6, 1985 (12:9 Md. R. 814)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01H adopted effective May 6, 1985 (12:9 Md. R. 814)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02H amended effective May 6, 1985 (12:9 Md. R. 814)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05A amended effective May 6, 1985 (12:9 Md. R. 814)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05D, E, and F adopted effective May 6, 1985 (12:19 Md. R. 814)</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.08, Electric and Gas Public Service Companies, repealed and new Regulations .01—.04, General, adopted effective March 13, 2006 (33:5 Md. R. 522)</annotation> </annotations> </chapter> <chapter num="02" heading="Utility Code of Conduct"> <regulation prefix="Regulation" num=".01" heading="Prohibited Utility Conduct with Affiliate."> <paragraph num="A."> <text>This regulation does not apply to the practice of a utility holding company advertising companies within the utility holding company corporate family.</text> </paragraph> <paragraph num="B."> <text>Services Generally. A utility may not:</text> <paragraph num="(1)"> <text>Represent to a customer or potential customer that any advantage or superior service will accrue because of the relationship between the utility and a core service affiliate or non-core service affiliate;</text> </paragraph> <paragraph num="(2)"> <text>Give any preference to a core service affiliate, or non-core service affiliate, or a customer of either in providing regulated utility service;</text> </paragraph> <paragraph num="(3)"> <text>Condition or tie the provision of regulated utility service to any other product or service;</text> </paragraph> <paragraph num="(4)"> <text>Except as provided in Regulation .02 of this chapter, engage in promotions, marketing, or advertising with a core or non-core service affiliate;</text> </paragraph> <paragraph num="(5)"> <text>Except with the informed consent of the customer and in compliance with the Commission's consumer protection regulations, disclose any customer-specific information obtained in connection with the provision of regulated utility service;</text> </paragraph> <paragraph num="(6)"> <text>Offer discounts, rebates, fee waivers, penalty waivers, or other special provisions for a tariff service to an affiliate or a customer of an affiliate, unless it makes the offer available to all similarly situated persons, and makes the offer in a manner designed to allow all an equal ability to utilize the offering;</text> </paragraph> <paragraph num="(7)"> <text>Except as provided in Regulation .02 of this chapter, market or promote its standard offer service;</text> </paragraph> <paragraph num="(8)"> <text>Provide sales leads to its core or non-core service affiliate; or</text> </paragraph> <paragraph num="(9)"> <text>Circumvent the provisions of this subtitle through the use of an affiliate as a conduit between the utility and its core service affiliate.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Core Service. A utility may not:</text> <paragraph num="(1)"> <text>Initiate a joint sales call with its core service affiliate, except when requested by a customer or when the customer has a contractual relationship with the utility and its core service affiliate;</text> </paragraph> <paragraph num="(2)"> <text>Operate from the same physical location used by a core service affiliate;</text> </paragraph> <paragraph num="(3)"> <text>Share core service information with a core service affiliate that could provide a competitive advantage in a discriminatory manner;</text> </paragraph> <paragraph num="(4)"> <text>Unless a utility has sufficient safeguards in place to prevent a core service employee from gaining access to utility information that it is prohibited from sharing under this subtitle, share electronic databases or electronic files with its core service affiliate; or</text> </paragraph> <paragraph num="(5)"> <text>Speak or appear to speak on behalf of its core service affiliate.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Authorized Utility — Affiliate Activity."> <paragraph num="A."> <text>Use of Corporate Name, Trade Names, Trademarks, and Logos.</text> <paragraph num="(1)"> <text>A utility may authorize its affiliate to use advertising, which uses the utility's corporate name, trade names, trademarks, and logos.</text> </paragraph> <paragraph num="(2)"> <text>Disclaimer.</text> <paragraph num="(a)"> <text>Except as provided in §A(3) of this regulation, when a utility authorizes an affiliate to use its corporate name, trade name, trademark, or logo in an advertisement for a core or non-core service, the utility shall require the affiliate to include a disclaimer in the advertisement.</text> </paragraph> <paragraph num="(b)"> <text>The disclaimer required under §A(2)(a) of this regulation is: “(affiliate name) is not the same company as (utility name), a regulated utility”.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>When a utility authorizes an affiliate to use its corporate name, trade name, trademark, or logo in an image advertisement, regulatory filing, or materials intended to provide information about corporate securities, the utility is not required to mandate that its affiliate include the disclaimer prescribed in §A(2) of this regulation.</text> </paragraph> </paragraph> <paragraph num="B."> <text>A utility may engage in a joint promotion with a core service affiliate if:</text> <paragraph num="(1)"> <text>It affords all similarly situated non-affiliated licensed electricity or gas suppliers the opportunity to participate in the promotion; and</text> </paragraph> <paragraph num="(2)"> <text>The offer to participate is made in a manner designed to allow an equal opportunity to utilize the promotion.</text> </paragraph> </paragraph> <paragraph num="C."> <text>A utility may provide unbiased information about the availability and terms of standard offer service.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Required Utility Conduct."> <paragraph num="A."> <text>Information.</text> <paragraph num="(1)"> <text>If a customer requests information about a competitive core service and the utility responds by identifying licensed electricity or gas suppliers, the utility shall provide the names of all licensed electricity or gas suppliers of core services operating within its Maryland service territory in a nonpreferential manner.</text> </paragraph> <paragraph num="(2)"> <text>A utility may not promote its core service affiliate when responding to a customer request for information.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Service Requests. A utility shall process all requests for service by a licensed electricity or gas supplier in the same nonpreferential manner and within the same period of time as it processes similar requests for service from its core service affiliate.</text> </paragraph> <paragraph num="C."> <text>Electricity and Gas Suppliers. When providing utility service, a utility shall treat a licensed electricity or gas supplier and their customers in the same manner as the utility treats its core service affiliate or its core service affiliate's customers.</text> </paragraph> <paragraph num="D."> <text>Public Disclosure.</text> <paragraph num="(1)"> <text>Except as provided in §D(3) of this regulation, a utility shall contemporaneously disclose to all licensed retail electricity or gas suppliers on its system all information it provides to a retail electricity or gas supplier about:</text> <paragraph num="(a)"> <text>Its system;</text> </paragraph> <paragraph num="(b)"> <text>The marketing or sale of energy to a customer or potential customer; or</text> </paragraph> <paragraph num="(c)"> <text>The delivery of energy to or on its system.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>A utility shall comply with the requirements of §D(1) of this regulation by posting information:</text> <paragraph num="(a)"> <text>On its electronic bulletin board;</text> </paragraph> <paragraph num="(b)"> <text>On its web site; or</text> </paragraph> <paragraph num="(c)"> <text>In any commercially reasonable and nonpreferential manner.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>A utility may share the following information without making the disclosure required in §D(1) of this regulation:</text> <paragraph num="(a)"> <text>Information relating to the administration of a contract to supply standard offer service, or default energy service, or to carry out an interconnection agreement;</text> </paragraph> <paragraph num="(b)"> <text>Information to a supplier as necessary for the supplier to bill or provide services to its customers; or</text> </paragraph> <paragraph num="(c)"> <text>Information with its associated holding company to the extent necessary to comply with federal and State laws and regulations.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Utility and Utility-Affiliate Shared Personnel."> <paragraph num="A."> <text>Exceptions. This regulation does not apply to:</text> <paragraph num="(1)"> <text>Employee-sharing between a utility and another utility, or any operating division of the same utility, regulated by the Commission or another state's utility regulatory body; or</text> </paragraph> <paragraph num="(2)"> <text>Personnel sharing permitted by the Federal Energy Regulatory Commission.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Permitted Personnel Sharing. Except as provided in §C of this regulation, a utility may share personnel with its affiliate.</text> </paragraph> <paragraph num="C."> <text>Restrictions on Personnel Sharing. A utility may not share with its core service affiliate:</text> <paragraph num="(1)"> <text>Operational, advertising, marketing, or market research personnel; or</text> </paragraph> <paragraph num="(2)"> <text>Any other individual, if that individual:</text> <paragraph num="(a)"> <text>Possesses information that is competitively sensitive to the electric or gas supply markets; and</text> </paragraph> <paragraph num="(b)"> <text>Will use this information in the course of performing the shared job function.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Asset Transactions Involving an Affiliate."> <paragraph num="A."> <text>This regulation does not apply to transactions between a utility and another utility, or any operating division of the same utility, which is regulated by the Commission or another state's utility regulatory body.</text> </paragraph> <paragraph num="B."> <text>Subject to §C of this regulation, a utility may enter into an asset transfer or receipt transaction with its affiliate.</text> </paragraph> <paragraph num="C."> <text>If a utility enters into a transaction with an affiliate involving the transfer or receipt of an asset that has a book value of more than $75,000 per item, or a total book value of $1,000,000, other than a transaction resulting from an open bidding process, including an auction or a request for proposal with an independent evaluator, the utility shall record the transaction in its financial records based on asymmetric pricing to the extent permitted by federal law or regulation.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Utility Loans or Debt Guarantees to an Affiliate."> <paragraph num="A."> <text>This regulation does not apply to a utility's participation in a cash management or money pool subject to federal regulation.</text> </paragraph> <paragraph num="B."> <text>Except as provided under §C of this regulation, a utility may make a loan or provide a debt guarantee to its affiliate.</text> </paragraph> <paragraph num="C."> <text>Restrictions on Loans or Debt Guarantees.</text> <paragraph num="(1)"> <text>If a loan or guarantee by a utility to its affiliate creates a reasonable likelihood that the utility's cost of capital, creditworthiness, or ability to provide regulated service will be adversely affected in a material manner, a utility may not:</text> <paragraph num="(a)"> <text>Lend money to its affiliate; or</text> </paragraph> <paragraph num="(b)"> <text>Guarantee the debt of its affiliate.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>New Loan or Debt Guarantee.</text> <paragraph num="(a)"> <text>If a new loan or debt guarantee by a utility to its affiliate is in excess of $25,000,000 or 2 percent of the equity capital of the utility, whichever is greater, or the loan causes the utility's proprietary capital ratio to fall below 30 percent, the utility shall inform the Commission that it is making the loan or guarantee at least 90 days before the transaction is closed.</text> </paragraph> <paragraph num="(b)"> <text>If, within 90 days of receiving the notice under §C(2)(a) of this regulation, the Commission finds that the loan or guarantee creates a reasonable likelihood that the utility's cost of capital, creditworthiness, or ability to provide regulated service will be adversely affected, it may disapprove the loan or guarantee.</text> </paragraph> <paragraph num="(c)"> <text>If the Commission does not act within 90 days of receiving notice of the loan or guarantee, the utility may undertake the loan or guarantee.</text> </paragraph> </paragraph> </paragraph> <paragraph num="D."> <text>A utility loan under this regulation shall include an interest rate equal to the:</text> <paragraph num="(1)"> <text>Fair market interest rate at the time of execution of the loan; or</text> </paragraph> <paragraph num="(2)"> <text>Rate directed or approved by a federal agency having jurisdiction over the loan.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Cost Allocation Manual (CAM)."> <paragraph num="A."> <text>This regulation does not apply to a utility that does not have a core or non-core service affiliate.</text> </paragraph> <paragraph num="B."> <text>Any time a utility files a general rate case, a utility shall file its CAM with the Commission.</text> <paragraph num="(2)"> <text>A utility shall file with the Commission any change to a CAM policy that allocates or assigns cost, within 30 days of the effective date of the change.</text> </paragraph> <paragraph num="(3)"> <text>A utility filing required under §B(2) of this regulation shall include a detailed narrative that describes and justifies each change including a showing of the estimated impact of the change.</text> </paragraph> <paragraph num="(4)"> <text>A CAM shall contain the:</text> <paragraph num="(a)"> <text>Corporate organization chart;</text> </paragraph> <paragraph num="(b)"> <text>Officers of the parent or holding company, the utility, and the service company, as applicable;</text> </paragraph> <paragraph num="(c)"> <text>Complete description of the types of all costs shared with an affiliate; and</text> </paragraph> <paragraph num="(d)"> <text>Methodology and procedure used to allocate costs.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Record and Reporting Requirements."> <paragraph num="A."> <text>Each Cost Allocation Manual filed as directed in Regulation .07 of this chapter shall contain the following items:</text> <paragraph num="(1)"> <text>The amount the utility allocated or assigned the previous calendar year for each type of cost identified in its CAM;</text> </paragraph> <paragraph num="(2)"> <text>An affidavit stating that its cost allocation and the transfer pricing of an asset complies with this subtitle; and</text> </paragraph> <paragraph num="(3)"> <text>A certification that a training program is in place to train personnel as necessary to comply with this subtitle.</text> </paragraph> </paragraph> <paragraph num="B."> <text>On or before May 15 of each calendar year a utility shall file with the Commission a report for the previous calendar year ending December 31 titled “Ring Fencing Report” containing the following items:</text> <paragraph num="(1)"> <text>A summary of all measures intended to protect the utility's financial strength and credit ratings from the activities of core service and non-core service affiliates;</text> </paragraph> <paragraph num="(2)"> <text>A corporate organization chart identifying the utility and its core service and non-core service affiliates;</text> </paragraph> <paragraph num="(3)"> <text>A description of each core service and non-core service affiliate's business;</text> </paragraph> <paragraph num="(4)"> <text>If available, a copy of each core service and non-core service affiliate's most recently published credit rating report made by a nationally recognized credit rating agency;</text> </paragraph> <paragraph num="(5)"> <text>If a utility shares personnel with a core service or non-core service affiliate, a personnel-sharing report listing the shared personnel's position title and function;</text> </paragraph> <paragraph num="(6)"> <text>A list of asset transactions between a utility and its core service and non-core service affiliate consistent with the following guidelines:</text> <paragraph num="(a)"> <text>For an asset transferred to or from a utility where the book value is above $75,000, the report shall:</text> <paragraph num="(i)"> <text>Describe the transferred asset;</text> </paragraph> <paragraph num="(ii)"> <text>Indicate the affiliate providing or receiving the asset;</text> </paragraph> <paragraph num="(iii)"> <text>Provide the value received or given for the transferred asset; and</text> </paragraph> <paragraph num="(iv)"> <text>Provide an external appraisal or the market value of the transferred asset; and</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>For an individual asset transferred to or from a utility where the book value is below $75,000, the report shall identify the type of asset transferred and the affiliate providing or receiving the asset;</text> </paragraph> </paragraph> <paragraph num="(7)"> <text>A list of all assets, if individually accounted for, or asset categories owned by the utility which were loaned or shared with a core service or non-core service affiliate;</text> </paragraph> <paragraph num="(8)"> <text>A list of all assets jointly owned with a core service or non-core service affiliate; and</text> </paragraph> <paragraph num="(9)"> <text>A list of all core service or non-core service affiliate debt guaranteed by the utility or secured by any utility asset.</text> </paragraph> </paragraph> <paragraph num="C."> <text>A utility shall maintain a detailed monthly record of any cost allocation and assignment and make this record available for Commission review and audit.</text> </paragraph> <paragraph num="D."> <text>A utility shall permit the Commission to have access to any report and associated work papers prepared for a utility by an independent auditor hired to perform an audit under Public Utilities Article, §4-208, Annotated Code of Maryland.</text> </paragraph> <paragraph num="E."> <text>A utility shall notify the Commission within 7 days after the utility or its affiliate:</text> <paragraph num="(1)"> <text>Files for bankruptcy; or</text> </paragraph> <paragraph num="(2)"> <text>Is in material breach of any debt obligation which is guaranteed by the utility or secured by its assets.</text> </paragraph> </paragraph> </regulation> <annotations> <annotation type="Authority">Public Utilities Article, §§2-113, 2-121, 7-505, 7-604, and 7-606, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: March 13, 2006 (33:5 Md. R. 522)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06 amended effective July 8, 2024 (51:13 Md. R. 648)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07B amended effective March 18, 2013 (40:5 Md. R. 412)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08A amended effective March 18, 2013 (40:5 Md. R. 412)</annotation> </annotations> </chapter> </subtitle> <subtitle num="45" heading="Service Supplied by Telephone Companies"> <chapter num="01" heading="General"> <regulation prefix="Regulation" num=".01" heading="Authorization of Regulations."> <text>Public Utilities Article, §2-121, Annotated Code of Maryland, provides that the Commission shall have the power to make such reasonable regulations as it deems necessary to carry out the provisions of this law and any other law relating to the Commission.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Application of Regulations."> <paragraph num="A."> <text>Application. These regulations apply to every telephone company operating within the State under the jurisdiction of the Public Service Commission.</text> </paragraph> <paragraph num="B."> <text>Purpose. These regulations are intended to establish reasonable service standards to the end that safe, adequate, and satisfactory service will be rendered to the public in the transmission of both local and intrastate long distance messages.</text> </paragraph> <paragraph num="C."> <text>Exemption. If unreasonable hardship to a utility or to a customer results from the application of any regulation of this subtitle, application may be made to the Commission for the modification of the regulation or for temporary or permanent exemption from its requirements.</text> </paragraph> <paragraph num="D."> <text>Modification. The adoption of these regulations does not preclude the Commission from altering or amending them, or from making these modifications with respect to their application as may be found necessary to meet exceptional conditions.</text> </paragraph> <paragraph num="E."> <text>Duties Under Other Statutes. These regulations do not relieve a utility from any of its duties under the laws of this State.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Definitions."> <paragraph num="A."> <text>These definitions are intended to supplement tariff definitions which are adopted by reference in this subtitle. The following words and terms, when used in this subtitle, have the meaning indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Administrator” means the entity managing the North American Numbering Plan.</text> </paragraph> <paragraph num="(2)"> <text>“Acquiring utility” means a utility that acquires the customers and the associated service contracts of another utility that has discontinued service.</text> </paragraph> <paragraph num="(3)"> <text>“Average busy season—busy hour traffic” means the average volume for the busy season, busy hours.</text> </paragraph> <paragraph num="(4)"> <text>“Base rate area” means the developed portion or portions within each exchange service area as set forth in the telephone utility's tariffs, maps, or descriptions. Service within this area is furnished at uniform rates without mileage charges.</text> </paragraph> <paragraph num="(5)"> <text>“Busy hour” means the two consecutive half-hours during which the greatest volume of traffic is handled in the central office.</text> </paragraph> <paragraph num="(6)"> <text>“Busy hour drain” means the average amount of electric current used by a particular type of telephone equipment over a period of 1 hour at the time of maximum use. This is expressed as ampere hours per busy hour.</text> </paragraph> <paragraph num="(7)"> <text>“Busy season” means the period composed of those months of highest load for the particular service being considered. The busy season shall ordinarily include 3 months, not necessarily consecutive. The beginning of the “month” may be other than the beginning of the calendar month, if good cause and consistency can be shown.</text> </paragraph> <paragraph num="(8)"> <text>“Calls” means customers' telephone messages attempted.</text> </paragraph> <paragraph num="(9)"> <text>“Carrier” means a transmission system which uses multiplexing, either time or frequency division, to facilitate the transmission of multiple channels of voice, data, or telegraph over a single facility.</text> </paragraph> <paragraph num="(10)"> <text>“Central office” means a switching unit, in a telephone system which provides service to the general public, having the necessary equipment and operating arrangements for terminating and interconnecting subscriber lines and trunks or trunks only. There may be more than one central office in a building.</text> </paragraph> <paragraph num="(11)"> <text>“Channel” means an electrical path or paths, for the transmission of communications between two or more points or between channel terminations in telephone company central offices. A channel may be furnished by wire, radio, or a combination of both.</text> </paragraph> <paragraph num="(12)"> <text>“Class of service” means the various categories of service generally available to customers; i.e., business or residence.</text> </paragraph> <paragraph num="(13)"> <text>“Commission” means the Public Service Commission of Maryland.</text> </paragraph> <paragraph num="(14)"> <text>“CSR” means customer service record.</text> </paragraph> <paragraph num="(15)"> <text>“Customer or subscriber” means any person, association, partnership, corporation, or governmental agency, provided with telephone service by a telephone utility.</text> </paragraph> <paragraph num="(16)"> <text>“Customer trouble report” means any oral or written report delivered to an authorized representative of a telephone company by a subscriber or user of telephone service, relating to a difficulty or dissatisfaction with the operation of telephone facilities.</text> </paragraph> <paragraph num="(17)"> <text>“Exchange” means a unit established by a telephone utility for the administration of communications service under specific Local Exchange Services Tariff provisions. It consists of one or more central offices with associated plant used in furnishing service.</text> </paragraph> <paragraph num="(18)"> <text>“Exchange area” means the entire area within which are located the telephones which a customer may call at the rate and charges specified in the Local Exchange Services Tariff.</text> </paragraph> <paragraph num="(19)"> <text>“Flat rate telephone service” means a monthly rate allowing unlimited local calling.</text> </paragraph> <paragraph num="(20)"> <text>“Grade of service” means the type of service furnished a customer with respect to the number of main telephones which may be connected to a central office line (1-party, 2-party, 4-party, and multi-party).</text> </paragraph> <paragraph num="(21)"> <text>“Intercept” consists of a line operator or a suitable recorded announcement or tone.</text> </paragraph> <paragraph num="(22)"> <text>“Message” means a completed customer telephone call.</text> </paragraph> <paragraph num="(23)"> <text>“Message unit” means a unit of measurement used for charging for measured message telephone exchange traffic within a specified area.</text> </paragraph> <paragraph num="(24)"> <text>“Metering” means the metering of data concerning a customer's call which is used to prepare the customer's bill for service. The metering of call data may be made by operators, Automatic Message Accounting (AMA), Centralized Automatic Message Accounting (CAMA), Local Automatic Message Accounting (LAMA), Message Registers, or other acceptable data recorder methods.</text> </paragraph> <paragraph num="(25)"> <text>“Mobile telephone service” means communication service by means of radiotelephone, between a wire telephone and a mobile radiotelephone or between two units of mobile telephone equipment. Mobile radiotelephone service may be either manual or dial.</text> </paragraph> <paragraph num="(26)"> <text>“Outside plant” means the telephone equipment and facilities installed on, along, over, or under streets, alleys, highways, or on private rights-of-way between the central office and customer's locations or between central offices.</text> </paragraph> <paragraph num="(27)"> <text>“Subscriber line” means the wires or channels used to connect the telephone equipment at the subscriber's premises with the central office. This includes the noncommon equipment in the central office which is associated with each line.</text> </paragraph> <paragraph num="(28)"> <text>“Tariff” means the schedule of rates and charges for public utility service filed with the Commission by a telephone company as prescribed by the Public Utility Companies Article, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(29)"> <text>“Toll trunks” means a general classification of trunks carrying toll traffic. Toll trunks connect a local and a toll office. Intertoll trunks connect toll offices.</text> </paragraph> <paragraph num="(30)"> <text>“Toll station” means a telephone connected to a toll line or directly to a toll board.</text> </paragraph> <paragraph num="(31)"> <text>“Transmission loss” means the net decrease in electrical energy in a transmission facility. The loss is usually expressed in decibels at a single frequency and excludes any loss associated with measuring equipment, test pads, and similar devices.</text> </paragraph> <paragraph num="(32)"> <text>“Underlying provider” means the utility providing an underlying telephone facility or resold service.</text> </paragraph> <paragraph num="(33)"> <text>“Utility” means a “telephone company” as defined in Public Utilities Article, §1-101, Annotated Code of Maryland.</text> </paragraph> </paragraph> </regulation> <annotations> <annotation type="Authority">Public Utilities Article, §§2-113, 2-121, and 5-101, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: January 1, 1976 (Order No. 61496)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02D amended effective January 23, 1981 (8:2 Md. R. 117)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 amended effective April 14, 2003 (30:7 Md. R. 489)</annotation> </annotations> </chapter> <chapter num="02" heading="Records and Reports"> <regulation prefix="Regulation" num=".01" heading="Retention of Records."> <text>All records required by these regulations shall be preserved for the longer of the period of time specified in 47 CFR 42, as amended, which is incorporated by reference, or 1 year, unless otherwise specified by the Commission.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Data to be Filed with the Commission."> <paragraph num="A."> <text>Tariffs.</text> <paragraph num="(1)"> <text>A utility shall have its tariff on file with the Commission in accordance with the regulations governing the filing of tariffs.</text> </paragraph> <paragraph num="(2)"> <text>A utility shall post its tariff and pending tariff changes on its website.</text> </paragraph> <paragraph num="(3)"> <text>After Commission acceptance of a tariff change, a utility shall update the tariff posted on its website not later than 3 business days after the date of acceptance.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Annual and Quarterly Reports. Each utility shall file with the Commission appropriate quarterly and annual reports showing information concerning the utility's operation, financial position, and other miscellaneous information as required by these regulations.</text> </paragraph> <paragraph num="C."> <text>Fatal Accident Notice. In the event of a fatal accident, prompt notice shall be given to the Commission by telephone. A written report shall follow within 10 days of the accident.</text> </paragraph> <paragraph num="D."> <text>Quarterly Accident Report. Each utility shall file with the Commission a disabling injury accident report, on forms provided by the Commission, within 30 days after the end of any quarter.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="General Reporting Procedures."> <paragraph num="A."> <text>Reporting Schedules. The reports listed in the schedule below are to be filed in accordance with the indicated regulation and at the indicated time:</text> </paragraph> <text>*Planning data, which is submitted on a yearly basis in April, August, and December, will be provided with the quarterly reports due in May, November, and February, respectively.</text> <text>——————</text> <paragraph num="B."> <text>Reporting Format.</text> <paragraph num="(1)"> <text>Reports shall be on a corporate basis only and a product of normal company measurement techniques. Each item to be reported will be listed on a separate line under the appropriate heading as shown above. Further categorization under these headings may be desirable for simplification reasons. Basically all data shall be shown as follows:</text> <paragraph num="(a)"> <text>Planning Data. All data will be on a corporate area basis only.</text> </paragraph> <paragraph num="(b)"> <text>Basic and Support Service Results Data.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>When a failure to meet minimum standards is reported, a supplemental narrative statement shall be prepared briefly describing the cause and expected duration of the service problem and service improvement plans in effect. Each narrative statement will be numbered for reference to the basic report.</text> </paragraph> </paragraph> </regulation> <annotations> <annotation type="Authority">State Government Article, §7-207(a); Public Utilities Article, §§2-118, 2-121, 5-101, 5-302, and 6-203—6-210; Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: January 1, 1976 (Order No. 61496)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02 amended effective March 26, 2007 (34:6 Md. R. 628)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03A amended effective September 21, 2009 (36:19 Md. R. 1438)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03B amended effective January 23, 1981 (8:2 Md. R. 117)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04A amended effective January 23, 1981 (8:2 Md. R. 117)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective March 18, 2013 (40:5 Md. R. 412)</annotation> </annotations> </chapter> <chapter num="03" heading="Metering"> <regulation prefix="Regulation" num=".01" heading="Meter Reading Records."> <text>When meters are used in connection with telephone service, the meter reading records from which the customers' bills are prepared shall show:</text> <paragraph num="A."> <text>Identifying number or means to determine readily the customer's name and service classification;</text> </paragraph> <paragraph num="B."> <text>Meter readings;</text> </paragraph> <paragraph num="C."> <text>Date of meter reading.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Meter Reading Interval."> <text>As nearly as practicable, meters shall be read at monthly intervals.</text> </regulation> <regulation prefix="Regulation" num=".03" heading="Billing Recording Equipment."> <text>When mechanical or electronic means, or both, are used for recording information that will affect a customer's bill for local or toll service, or both, the equipment shall be inspected after installation and periodically tested in order to insure its proper functioning and accuracy. The utility shall keep records of malfunctions. The retention period for these records shall be 1 year.</text> </regulation> <annotations> <annotation type="Authority">Public Utilities Article, §§2-121 and 5-101, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: January 1, 1976 (Order No. 61496)</annotation> </annotations> </chapter> <chapter num="04" heading="Customer Relations"> <regulation prefix="Regulation" num=".01" heading="Customer Billing."> <paragraph num="A."> <text>Billing Information. Bills to customers shall be rendered at least monthly and shall contain a clear listing of all charges and credits. For purposes of clarity the customer's bill shall include the total amount due supported by the following data:</text> <paragraph num="(1)"> <text>The charges, including applicable federal and local taxes for:</text> <paragraph num="(a)"> <text>Local monthly services from the current to the next bill date;</text> </paragraph> <paragraph num="(b)"> <text>Additional message units, if appropriate, for the month before the billing date;</text> </paragraph> <paragraph num="(c)"> <text>Toll calls and telegrams, if appropriate, placed before the billing date;</text> </paragraph> <paragraph num="(d)"> <text>Other charges and credits with appropriate explanation.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>The amount of the balance due carried forward from the prior bill after application of payments received up to and including the billing date.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Payment Date. All regular monthly customer bills shall state the date by which the customer shall pay the bill in order to avoid suspension notice or other utility collection procedures. All toll charges of the customer shall be itemized so as to facilitate their identification. Each utility shall comply with reasonable and feasible customer requests for itemized statements of charges.</text> </paragraph> <paragraph num="C."> <text>Wrong Number. A charge may not be made for a dialed wrong number if the utility is notified promptly, except for certain services, as specified in the utility's tariff.</text> </paragraph> <paragraph num="D."> <text>Overcharge—Undercharge Adjustment. When a customer has been overcharged or undercharged for services because of incorrect application of the rate schedule, inaccurate measuring of services rendered, incorrect calculation of charges or similar reasons, the amount of overcharge or undercharge adjustment shall be determined separately during the period of time the discrepancy occurred, in accordance with the following:</text> <paragraph num="(1)"> <text>Overcharge Only. The total overcharge for the period the discrepancy occurred shall be refunded or credited to the customer.</text> </paragraph> <paragraph num="(2)"> <text>Undercharge Only.</text> <paragraph num="(a)"> <text>Unless authorized by the Commission, retroactive billing may not be for undercharges which occurred more than 12 months before the discovery of the error. A utility may seek the Commission's authorization for retroactive billing for undercharges which occurred more than 12 months but not more than 3 years before the discovery of the error if the customer knew, or reasonably should have known, that the bills were in error. The utility's request to the Commission shall be in writing and shall explain the factual basis for the request to the customer with a notice of the customer's right to write to the Commission, within 20 days, if the customer is in opposition to the request.</text> </paragraph> <paragraph num="(b)"> <text>If the total undercharge is more than 35 percent of the customer's average monthly bill during the preceding 3 months, the customer shall be allowed to enter into an installment plan to pay the total retroactive billing, without interest. In such a plan the monthly payments against the undercharge may not exceed 35 percent of the customer's average monthly bill during the preceding 3 months. However, if the installment plan will not recover within a 12-month period the total undercharge, the monthly payment may be equal to the total undercharge divided by 12 or a number greater than 12.</text> </paragraph> <paragraph num="(c)"> <text>Unless otherwise authorized by the Commission, the utility may deny service for nonpayment only for that portion of the undercharge applicable to the 4 months immediately before the discovery of the error.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Combination of Overcharge-Undercharge. When a customer's account has items of overcharge and undercharge, the difference of the two items is then determined as the net adjustment in accordance with §D(1) and (2), above.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Business Office."> <paragraph num="A."> <text>The business offices shall be so located and staffed that customers and the public shall have convenient access to qualified personnel, including supervisory personnel where warranted, to answer questions relating to services and rates, accept and process applications for service, explain charges on customers' bills, adjust charges made in error, and, in general, represent the utility to the customer.</text> </paragraph> <paragraph num="B."> <text>When one business office serves several communities, toll-free calling to the business office from the communities shall be provided. By means of directory information or assistance, signs on company buildings and property, newspaper advertising, or other methods necessary, the utility shall keep its customers and the public advised as to means of contacting the business office.</text> </paragraph> <paragraph num="C."> <text>Business office services shall be available to the customers and the public during the normal hours of the normal work week, excluding holidays and at such other times as may be warranted by by circumstances.</text> </paragraph> <paragraph num="D."> <text>It shall be the responsibility of the utility to insure that qualified personnel, instructed to be courteous, considerate, and efficient, are available to promptly serve those who contact the business office.</text> </paragraph> <paragraph num="E."> <text>The utility shall inform the customer of any service connection charge to be applied to his bill and the monthly charge for the service ordered, with the exception of business customers not requiring this information, before undertaking any action to furnish the service ordered. To customers inquiring about new service, the utility shall provide any information and assistance necessary to obtain service conforming to the customer's needs.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Public Information."> <text>Each utility shall maintain and keep available for inspection by customers and applicants for service copies of all tariffs applicable to the area served by the business office, as provided by Regulation .02, of this chapter.</text> </regulation> <regulation prefix="Regulation" num=".04" heading="Customer Deposits."> <text>A deposit may not be required as a condition for establishment of service other than as provided in the Commission's regulations governing customer deposits (Subtitle 30) or in the regulations and tariffs on file with the Commission with regard to business and undergrounding services.</text> </regulation> <regulation prefix="Regulation" num=".05" heading="Denial of Service Without Notice."> <text>The utility may discontinue service without notice for any of the following reasons:</text> <paragraph num="A."> <text>Hazardous Condition. For a condition on the customer's premises determined by the utility to be hazardous.</text> </paragraph> <paragraph num="B."> <text>Adverse Effect on Service. Customer's use of equipment in such a manner as to adversely affect the utility's equipment or the utility's service to others.</text> </paragraph> <paragraph num="C."> <text>Tampering With Utility Property. Customer's tampering with equipment furnished and owned by the utility.</text> </paragraph> <paragraph num="D."> <text>Unauthorized Use of Service. Customer's unauthorized use of service by any method which causes hazardous signals over the utility's network.</text> </paragraph> <paragraph num="E."> <text>Illegal Use of Service. Customer's use of service or equipment in a manner to violate the law.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Denial of Service Requiring Notice."> <text>The utility may deny service for any of the following reasons provided it has notified the customer of its intent, in writing, to deny service and has allowed the customer a reasonable time of not less than 10 days, or as otherwise specified in these regulations, in which to remove the cause for denial:</text> <paragraph num="A."> <text>Non-compliance with Regulations. For violation of or non-compliance with regulations of this subtitle, or for violation of or non-compliance with the utility's tariffs on file with the Commission.</text> </paragraph> <paragraph num="B."> <text>Failure on Contractual Obligations. For failure of the customer to fulfill his contractual obligations for service or facilities subject to regulation by the Commission.</text> </paragraph> <paragraph num="C."> <text>Refusal of Access. For failure of the customer to permit the utility to have reasonable access to its equipment.</text> </paragraph> <paragraph num="D."> <text>Non-payment of Bill.</text> <paragraph num="(1)"> <text>For non-payment of a bill for service, provided that the utility has made a reasonable attempt to effect collection and has given the customer written notice of its intent to deny service if settlement of his account is not made and provided the customer has at least 5 days, excluding Sundays and holidays in which to make settlement before his service is denied.</text> </paragraph> <paragraph num="(2)"> <text>In cases of bankruptcy, receivership, abandonment of service, or abnormal toll usage not covered adequately by a security deposit, less than 5 days notice may be given if necessary to protect the utility's revenues.</text> </paragraph> <paragraph num="(3)"> <text>Except in cases where a prior promise to pay has not been kept or bankruptcy, receivership, abandoned service, or abnormal toll usage is involved, the utility may not deny service on the day preceding any day on which it is not prepared to accept payment of the amount due and to reconnect service.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Failure to Comply with Service Conditions. For failure of the customer to furnish the service equipment, permits, certificates, or rights-of-way, specified by the utility as a condition to obtaining service, or if the equipment or permissions are withdrawn or terminated.</text> </paragraph> <paragraph num="F."> <text>Failure to Comply with Municipal Ordinances. For failure to comply with municipal ordinances or other laws pertaining to telephone service.</text> </paragraph> <paragraph num="G."> <text>Failure to Pay Increased Deposit Required. For failure of the customer to pay an increased security deposit when warranted by the utility to protect its revenue in accordance with Regulation .04 of this regulation.</text> </paragraph> <paragraph num="H."> <text>Obligations as to Co-occupants.</text> <paragraph num="(1)"> <text>Definitions. In this section, the following terms have the meanings indicated:</text> <paragraph num="(a)"> <text>“Co-occupant” means two or more adults who occupy the same dwelling unit as their primary domicile or legal residence within the State.</text> </paragraph> <paragraph num="(b)"> <text>“Satisfactory payment arrangement” means an agreement in writing signed by the customer, applicant, or co-occupant to keep the existing account current and pay the outstanding bill on the following terms:</text> <paragraph num="(i)"> <text>For outstanding bills of $400 or less, payment of 1/4 of the outstanding bill before the new telephone service is established and payment of the outstanding balance in not more than three installments; or</text> </paragraph> <paragraph num="(ii)"> <text>For outstanding bills in amounts over $400, payment of 1/3 of the outstanding bill before the new telephone service is established and payment of the outstanding balance in not more than three installments.</text> </paragraph> </paragraph> <paragraph num="(c)"> <text>“Satisfactory payment arrangement” may include an agreement that access to toll telephone service may be restricted until the outstanding bill is paid in full.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Telephone service may be denied or terminated to a customer or applicant in a dwelling unit where there are co-occupants:</text> <paragraph num="(a)"> <text>If service to that dwelling unit was previously maintained in a current co-occupant's name during a period of co-occupancy with the customer or applicant and the co-occupant has failed to pay or make a satisfactory payment arrangement for an outstanding bill or undisputed portion of a disputed bill for service at the dwelling unit during the period of co-occupancy, the collection of which is not barred under applicable State or federal law; or</text> </paragraph> <paragraph num="(b)"> <text>If service at a prior dwelling unit of the customer or applicant was maintained in a current co-occupant's name and the co-occupant has failed to pay or make a satisfactory payment arrangement for an outstanding bill or undisputed portion of a disputed bill for service at the prior dwelling unit during the period of co-occupancy, and the collection of the bill is not barred under applicable State or federal law.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Failure to comply with the terms of the satisfactory payment arrangement may result in immediate termination.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Insufficient Reasons for Denial of Service."> <paragraph num="A."> <text>The following may not constitute cause for refusal of service to a present or prospective customer:</text> <paragraph num="(1)"> <text>Failure of a prior customer to pay for service at the premises to be served;</text> </paragraph> <paragraph num="(2)"> <text>Failure to pay for a different class of service for a different entity;</text> </paragraph> <paragraph num="(3)"> <text>Failure to pay the bill of another customer as guarantor of that bill;</text> </paragraph> <paragraph num="(4)"> <text>Failure to pay directory advertising charges;</text> </paragraph> <paragraph num="(5)"> <text>Failure to pay an undercharge as described in Regulation .01D(2) of this chapter; or</text> </paragraph> <paragraph num="(6)"> <text>Failure to pay an outstanding bill that is over 7 years old, unless the:</text> <paragraph num="(a)"> <text>Customer signed an agreement to pay the outstanding bill before the expiration of this period;</text> </paragraph> <paragraph num="(b)"> <text>Outstanding bill is for service obtained by the customer by means of tampering with equipment furnished and owned by the utility or by unauthorized use of service by any method; or</text> </paragraph> <paragraph num="(c)"> <text>Outstanding bill is for service obtained by the customer by means of an application made:</text> <paragraph num="(i)"> <text>In a fictitious name;</text> </paragraph> <paragraph num="(ii)"> <text>In the name of an individual who is not an occupant of the dwelling unit, without disclosure of the individual's actual address;</text> </paragraph> <paragraph num="(iii)"> <text>In the name of a third party without disclosing that fact or without bona fide authority from the third party; or</text> </paragraph> <paragraph num="(iv)"> <text>Without disclosure of a material fact or by misrepresentation of a material fact.</text> </paragraph> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>This regulation applies to both residential and nonresidential classes of service.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Trouble Reports."> <paragraph num="A."> <text>Each utility shall provide for the receipt of customer trouble reports at all hours.</text> </paragraph> <paragraph num="B."> <text>Trouble Reporting.</text> <paragraph num="(1)"> <text>Arrangement shall be made to clear all trouble of an emergency nature at all hours, consistent with the bona fide needs of the customers and the personal safety of the utility personnel.</text> </paragraph> <paragraph num="(2)"> <text>Arrangement shall be made to clear all out-of-service troubles, not requiring unusual repairs, within 8 hours of the report to the company (excluding clock hours between 5 p.m. and 9 a.m. weekdays and Saturdays, Sundays, and holidays).</text> </paragraph> <paragraph num="(3)"> <text>Arrangements shall be made to clear all non-out-of-service troubles, not requiring unusual repairs, within 24 hours of the report to the company (excluding clock hours between 5 p.m. and 9 a.m. weekdays, and Saturdays, Sundays, and holidays).</text> </paragraph> <paragraph num="(4)"> <text>If unusual repairs are required, or rehabilitation programs or other factors preclude clearing of reported troubles promptly, when practical, the customer shall be so notified and an estimated time given as to when the trouble will be cleared.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Appointment Missed. The utility shall grant appointments to customers on reported troubles which are consistent with the objective intervals of clearance as specified in §B(1), (2), and (3), above. If appointments with the customer cannot be kept, the utility shall make every reasonable effort to notify the customer in timely fashion of the delay. The number of appointments the utility fails to meet may not be greater than 20 percent of the total commitments given per month within a district service center.</text> </paragraph> <paragraph num="D."> <text>Subsequent Trouble Reports. The utility shall make reasonable efforts to prevent subsequent reports through the proper and effective administration of §§B and C, above. To the extent possible, the utility shall grant appointments which are consistent with the needs of the customer. The rate of the subsequent reports may not be greater than 13 percent of the total reports per month registered within a district service center.</text> </paragraph> <paragraph num="E."> <text>Repeated Trouble Reports. It is incumbent upon the utility to make the necessary tests and inspections on reported troubles to prevent customers from again experiencing the same type trouble. These tests and inspections shall include all necessary and reasonable repairs and rehabilitation efforts which the utility feels are necessary to keep repeated reports at minimum levels. The rate of the repeated reports may not be greater than 25 percent of total trouble reports registered per month within a district service center.</text> </paragraph> <paragraph num="F."> <text>The utility shall keep such records of customer complaints and trouble reports as will enable it to review and analyze its procedures and actions as an aid in rendering improved service.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".09" heading="Held Applications."> <paragraph num="A."> <text>When the telephone utilities may not be able to supply initial telephone service to an applicant within 5 days or provide special communications service in 14 days or upgrade existing customers within 30 days after the date the applicant desires service, the utility shall inform the applicant by telephone, personal contact, or in writing to the extent practical as to the following:</text> <paragraph num="(1)"> <text>The reason for the delay;</text> </paragraph> <paragraph num="(2)"> <text>A possible interim grade or type of service or number of lines that are available;</text> </paragraph> <paragraph num="(3)"> <text>The steps being taken by the utility to make service available;</text> </paragraph> <paragraph num="(4)"> <text>The probable date on which service will be provided.</text> </paragraph> </paragraph> <paragraph num="B."> <text>When a previously given probable date for service cannot be met by the utility, the applicant shall further be advised by telephone, personal contact, or in writing to the extent practical by the utility as to the information set forth in §A, above.</text> </paragraph> <paragraph num="C."> <text>When a utility is unable to supply telephone service as requested by an applicant, the utility shall have available information showing the serving Central Office, the name and address of each applicant for service, the date of application, the class of service applied for, and the reason for the inability to provide service. The information shall also include a statement of plans to provide service, including a probable date when it will be provided. Information shall be maintained regarding correspondence and telephone or personal contacts with the customer concerning the inability to meet the customer's request.</text> </paragraph> <paragraph num="D."> <text>When, because of a shortage of facilities, or for other reasons, a utility is unable to supply local exchange main telephone service on normally offered dates or later dates requested by or acceptable to the applicant, first priority shall be given to furnishing those services which are essential to public health and safety. In cases of prolonged shortage or other emergency, the Commission may request the establishment of a priority plan subject to its approval for clearing held orders, and may request periodic reports concerning the progress being made.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".10" heading="Voluntary Suspension."> <text>At the request of the customer, telephone service may be temporarily suspended without loss of number for a period of 1 month up to a maximum of 1 year. The customer's right to retain his number during a period of suspension is subject to the company's right to change numbers under circumstances which would have called for a number change while the service was active. A suspension of service rate shall be chargeable during this period and shall be lower than the rate for active service.</text> </regulation> <regulation prefix="Regulation" num=".11" heading="Directory."> <paragraph num="A."> <text>Alphabetical directories shall generally be made available, listing the name, address, and telephone number of each customer, except public telephones and numbers unlisted at the customer's request.</text> </paragraph> <paragraph num="B."> <text>Upon request from the customer, the utility shall provide each customer, free of charge, a copy of the printed directory or directories covering his area.</text> </paragraph> <paragraph num="C."> <text>The name of the utility, the area included in the directory, and the month and year of issue shall appear on the cover.</text> </paragraph> <paragraph num="D."> <text>Information pertaining to emergency calls to such agencies as police and fire departments shall appear conspicuously in the opening pages of the directory.</text> </paragraph> <paragraph num="E."> <text>Instructions concerning the placing of local and long distance calls, repair service calls, and information on directory assistance calls shall appear conspicuously in the opening pages of the directory. Typical rates shall also be shown.</text> </paragraph> <paragraph num="F."> <text>The introductory pages of the directory shall include information with regard to billing procedure, anonymous and annoyance call procedure, emergency calling procedure for party lines, and a notice as to where the utility's tariffs are available for public inspection.</text> </paragraph> <paragraph num="G."> <text>The opening pages of the directory shall include a notice advising customers that, should they need any information that cannot be furnished by the utility, they may refer their questions to the Public Service Commission, with appropriate address and telephone number for the agency.</text> </paragraph> <paragraph num="H."> <text>“Directory assistance” or information operators shall be provided with records of all directory listings (except those not published) for their service areas and intercept operators shall be provided with complete intercept records for their areas of service.</text> </paragraph> <paragraph num="I."> <text>In the event of an error in a number published in the directory, the utility shall intercept all calls to the published number for the life of the directory provided that the number is not already in service. If the published number is in service, the party served by it shall be given appropriate transfer information and also the opportunity for a number change, in the event of which the published number shall be placed on intercept for 1 year or the life of the directory involved, whichever is longer.</text> </paragraph> <paragraph num="J."> <text>Within 48 hours (excluding Saturday, Sunday, and holidays) of a number change, directory assistance and information operator records shall be updated as required to reflect the changes. Whenever possible, intercept records should should reflect the change in advance of the actual number change.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".12" heading="Intercept."> <paragraph num="A."> <text>Sufficient information shall be provided to the caller to indicate the reason for being intercepted as well as directions to assist the caller in making his call.</text> </paragraph> <paragraph num="B."> <text>When facilities permit, the utility shall provide, as a minimum, line intercept or the equivalent for 90 days or for the life of the directory, whichever is shorter, in each case of a customer initiated residence number change.</text> </paragraph> <paragraph num="C."> <text>When facilities permit, the utility shall provide, as a minimum, line intercept or the equivalent for 1 year, or for the life of the directory, whichever is shorter, in each case of customer initiated business number change.</text> </paragraph> <paragraph num="D."> <text>When facilities permit, the utility shall provide, as a minimum, line intercept or the equivalent for 1 year or the life of the directory, whichever is shorter, in each case of a company-initiated residence or business number change.</text> </paragraph> <paragraph num="E."> <text>The utility shall, when possible, provide line intercept or the equivalent for the life of the directory, in the event of an error in omission, to intercept the customer's number listed in the former directory.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".13" heading="Discontinuance of Local Service."> <paragraph num="A."> <text>Notice to Commission Required.</text> <paragraph num="(1)"> <text>If a utility providing local residential or business telephone service intends to discontinue, reduce, or impair its local residential or business telephone services to a customer, or is in jeopardy of discontinuing, reducing, or impairing local telephone service to a customer under §B of this regulation, the utility shall provide written notice to the Commission by first class mail not later than 30 days before the date on which service may be discontinued.</text> </paragraph> <paragraph num="(2)"> <text>The utility shall also simultaneously give the written notice required by §A(1) of this regulation to the:</text> <paragraph num="(a)"> <text>Affected utility customers;</text> </paragraph> <paragraph num="(b)"> <text>Underlying provider of the utility; and</text> </paragraph> <paragraph num="(c)"> <text>Administrator.</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>Utility in Jeopardy of Discontinuing Local Telephone Service.</text> <paragraph num="(1)"> <text>The Commission may find that a utility is in jeopardy of discontinuing local telephone service based on receipt of the notice required under Regulation .14 of this chapter.</text> </paragraph> <paragraph num="(2)"> <text>A utility is deemed in jeopardy of discontinuing local telephone service if it:</text> <paragraph num="(a)"> <text>Files a plan for reorganization in a court of jurisdiction in which the utility proposes:</text> <paragraph num="(i)"> <text>The acquisition of its customers by another utility; or</text> </paragraph> <paragraph num="(ii)"> <text>The liquidation of its assets;</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>Adopts a plan to discontinue telephone service; or</text> </paragraph> <paragraph num="(c)"> <text>Notifies the Federal Communications Commission of an intent to discontinue, reduce, or impair telecommunication service in Maryland under 47 U.S.C. §214(a) and 47 CFR §63.71, as amended, which are incorporated by reference.</text> </paragraph> </paragraph> </paragraph> <paragraph num="C."> <text>Notice to Customer of Discontinuance, Reduction, or Impairment of Service.</text> <paragraph num="(1)"> <text>No Acquiring Utility. If the customers of a utility subject to the requirements of §A of this regulation are not acquired by another utility, the utility's notice to the customer of discontinuing, reducing, or impairing service shall contain:</text> <paragraph num="(a)"> <text>The date of service discontinuance, reduction, or impairment;</text> </paragraph> <paragraph num="(b)"> <text>A telephone number for customer assistance from the utility;</text> </paragraph> <paragraph num="(c)"> <text>A statement that the customer is required to select a new local service provider before the date of service termination; and</text> </paragraph> <paragraph num="(d)"> <text>A description of the process for a customer to choose another utility.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Acquiring Utility. If the customers of a utility are acquired by another utility, the utility's notice to the customer required under §A of this regulation shall contain:</text> <paragraph num="(a)"> <text>The name of the acquiring utility;</text> </paragraph> <paragraph num="(b)"> <text>The date the acquiring utility will provide service;</text> </paragraph> <paragraph num="(c)"> <text>The rates, terms, and conditions of service to be provided by the acquiring utility and a description of the means by which the acquiring utility shall notify the customer of any change to rates, terms, and conditions;</text> </paragraph> <paragraph num="(d)"> <text>A statement that the acquiring utility shall be solely responsible for any charges associated with the migration of the customer to the acquiring utility's network;</text> </paragraph> <paragraph num="(e)"> <text>A statement explaining that the customer may choose a utility other than the acquiring utility;</text> </paragraph> <paragraph num="(f)"> <text>A description of the process to choose another utility; and</text> </paragraph> <paragraph num="(g)"> <text>A telephone number for customer assistance from the utility and the acquiring utility.</text> </paragraph> </paragraph> </paragraph> <paragraph num="D."> <text>Acquired Customer's Rights.</text> <paragraph num="(1)"> <text>For a period of 90 days after acquisition, an acquiring utility may not impose a penalty on an acquired customer for choosing a utility other than the acquiring utility.</text> </paragraph> <paragraph num="(2)"> <text>Number Porting Required. If an acquired customer chooses a utility other than the acquiring utility, the acquiring utility shall port the telephone number of the customer to the customer's utility of choice within 48 hours of the receipt of a valid local service request.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Content of Notice to Underlying Provider.</text> <paragraph num="(1)"> <text>The notice from the utility to the underlying provider required in §A of this regulation shall be delivered to the underlying provider's designated representative for regulatory affairs and designated representative for wholesale accounts.</text> </paragraph> <paragraph num="(2)"> <text>The utility notice under §E(1) of this regulation shall contain:</text> <paragraph num="(a)"> <text>The date of service termination;</text> </paragraph> <paragraph num="(b)"> <text>The name of the utility acquiring the affected customers, if applicable;</text> </paragraph> <paragraph num="(c)"> <text>The date service will be provided by the acquiring utility, if applicable; and</text> </paragraph> <paragraph num="(d)"> <text>The contact information for the account representative of the acquiring utility.</text> </paragraph> </paragraph> </paragraph> <paragraph num="F."> <text>Content of Notice to Administrator. The notice from the utility to the Administrator, required by §A of this regulation, shall contain:</text> <paragraph num="(1)"> <text>The date of service termination;</text> </paragraph> <paragraph num="(2)"> <text>An authorization to release all assigned telephone numbers to other utilities; and</text> </paragraph> <paragraph num="(3)"> <text>The release of all unassigned telephone numbers to the Administrator.</text> </paragraph> </paragraph> <paragraph num="G."> <text>Content of Notice to Commission.</text> <paragraph num="(1)"> <text>The notice from the utility to the Commission required under §A of this regulation shall include copies of the notices delivered to:</text> <paragraph num="(a)"> <text>An affected customer;</text> </paragraph> <paragraph num="(b)"> <text>An underlying provider, if applicable; and</text> </paragraph> <paragraph num="(c)"> <text>The Administrator.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>The utility notice under §G(1) of this regulation shall contain:</text> <paragraph num="(a)"> <text>The date of service termination;</text> </paragraph> <paragraph num="(b)"> <text>The telephone number for the exiting utility's regulatory representative;</text> </paragraph> <paragraph num="(c)"> <text>The name of the acquiring utility and the date by which the acquiring utility will provide service, if applicable;</text> </paragraph> <paragraph num="(d)"> <text>The number of affected customers;</text> </paragraph> <paragraph num="(e)"> <text>The location of the affected customers;</text> </paragraph> <paragraph num="(f)"> <text>A description of the services provided to the affected customers;</text> </paragraph> <paragraph num="(g)"> <text>A copy of the notice filed with the Federal Communications Commission under 47 U.S.C. §214(a) and 47 CFR §63.71, as amended, which are incorporated by reference;</text> </paragraph> <paragraph num="(h)"> <text>The identity of the underlying provider and the nature of the facilities and services used by the utility, if applicable; and</text> </paragraph> <paragraph num="(i)"> <text>A description of how the facilities provided by the underlying provider are used in provision of service to the utility, if applicable.</text> </paragraph> </paragraph> </paragraph> <paragraph num="H."> <text>Access to Customer Service Records.</text> <paragraph num="(1)"> <text>If a utility is in jeopardy of discontinuing, reducing, or impairing local telephone service under §B of this regulation, the utility shall ensure that alternative utilities may obtain:</text> <paragraph num="(a)"> <text>Access to its customer list;</text> </paragraph> <paragraph num="(b)"> <text>The CSRs associated with the affected accounts; and</text> </paragraph> <paragraph num="(c)"> <text>Any network records necessary for the continued provision of service.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>If a third party administers the CSRs for the utility, the utility shall direct the third party to allow access to the CSRs of its customers by an alternative utility.</text> </paragraph> <paragraph num="(3)"> <text>If a utility discontinues telephone service before complying with the provisions of §H(1) of this regulation, the utility is deemed to have authorized access to the CSRs by the third party.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".14" heading="Underlying Provider Notice of Utility Payment Failure."> <paragraph num="A."> <text>Required Notice.</text> <paragraph num="(1)"> <text>If a utility fails to pay an undisputed bill of an underlying provider within 30 days of the due date, the underlying provider shall notify the Commission in writing and provide a copy of the notice to the utility.</text> </paragraph> <paragraph num="(2)"> <text>The underlying provider's notice required under §A(1) of this regulation shall contain:</text> <paragraph num="(a)"> <text>The name, address, and telephone number of the utility failing to make payment and contact information for the failing utility's account representative;</text> </paragraph> <paragraph num="(b)"> <text>The nature of the service or facility of the underlying provider;</text> </paragraph> <paragraph num="(c)"> <text>The location of the service or facility; and</text> </paragraph> <paragraph num="(d)"> <text>The number of days that payment is past due.</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>Commission Action. If the Commission receives the notice required under §A of this regulation, the Commission may:</text> <paragraph num="(1)"> <text>Find that the utility is in jeopardy of discontinuing service; or</text> </paragraph> <paragraph num="(2)"> <text>Require the utility to provide periodic reports to demonstrate that it is financially capable of continuing to provide service without interruption.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".15" heading="Telephone Utility Filing for Bankruptcy Protection — Notice to Commission."> <paragraph num="A."> <text>Required Notice. If a utility or an affiliate, holding company, or parent company of the utility files a plan for reorganization or liquidation of its assets in a court of competent jurisdiction, the utility shall provide written notice of the filing to the Commission.</text> </paragraph> <paragraph num="B."> <text>Commission Action. On receipt of the notice under §A of this regulation or a finding under Regulation .13 of this chapter, the Commission may require the utility to provide periodic reports to demonstrate that it is financially capable of continuing to provide service without interruption.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Public Utilities Article, §§2-113, 2-121, and 5-101; State Government Article, §7-207(a); Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: January 1, 1976 (Order No. 61496)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01E amended effective January 1, 1976 (Order No. 61570); April 21, 1986 (13:8 Md. R. 904)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended effective August 6, 1990 (17:15 Md. R. 1863)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 amended effective January 23, 1981 (8:2 Md. R. 117); March 18, 2013 (40:5 Md. R. 412)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06H amended effective July 31, 1995 (22:15 Md. R. 1120)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07 amended effective May 10, 1993 (20:9 Md. R. 780)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08 amended effective August 6, 1990 (17:15 Md. R. 1863)</annotation> <annotation type="History" subtype="Administrative History">Regulation .11 amended effective March 18, 2013 (40:5 Md. R. 412)</annotation> <annotation type="History" subtype="Administrative History">Regulation .12D amended effective January 23, 1981 (8:2 Md. R. 117)</annotation> <annotation type="History" subtype="Administrative History">Regulation .13 adopted effective April 14, 2003 (30:7 Md. R. 489)</annotation> <annotation type="History" subtype="Administrative History">Regulation .13B, G amended effective February 26, 2007 (34:4 Md. R. 402)</annotation> <annotation type="History" subtype="Administrative History">Regulation .14 adopted effective April 14, 2003 (30:7 Md. R. 489)</annotation> <annotation type="History" subtype="Administrative History">Regulation .14A amended effective March 15, 2004 (31:5 Md. R. 451)</annotation> <annotation type="History" subtype="Administrative History">Regulation .15 adopted effective April 14, 2003 (30:7 Md. R. 489)</annotation> </annotations> </chapter> <chapter num="05" heading="Service Standards"> <regulation prefix="Regulation" num=".01" heading="General Provisions."> <text>Each utility shall provide telephone service to the public in its service area in accordance with its tariffs on file with the Commission. The quality of the service shall meet or exceed the standards set forth in these regulations. When a utility fails to meet any of the standard service levels listed below in an exchange or reporting entity in any month, the service data for the standard not met in that exchange shall be reported to the Commission:</text> <paragraph num="A."> <text>Each utility shall provide operator-assisted service for all exchanges at all hours.</text> </paragraph> <paragraph num="B."> <text>In each exchange area, the utility shall provide at least one coin telephone available to the public at all hours. This coin telephone shall be prominently located and shall be properly maintained, equipped with dialing instructions and a directory, and lighted at night. The utility shall also establish other public telephone service at locations where the public convenience will be served.</text> </paragraph> <paragraph num="C."> <text>Each utility shall provide equipment and facilities designed and engineered in accordance with realistic forecasts of subscriber demand and shall maintain a stock of associated equipment adequate to meet the demand.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Installation of Service."> <paragraph num="A."> <text>Eighty-five percent of regular service orders installation shall normally be completed within 5 working days. The intervals commence with the receipt of application unless a later date is requested by the applicant.</text> </paragraph> <paragraph num="B."> <text>Installation of local exchange regrade service shall normally be completed not later than 30 days after the customer has made application for a different class of service, except when the customer requests or accepts a later date. In the event of the utility's inability to so complete the order, the customer shall be advised as under COMAR 20.45.04.09A.</text> </paragraph> <paragraph num="C."> <text>Appointment Met. If the utility establishes an appointment for the installation of service with the customer, the rate of appointments met may not be less than 88 percent of the total utility established appointments for single-line exchange service and 82 percent of the total utility established appointments for multi-line local exchange service per month within an entity.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Customer Contact Objectives."> <paragraph num="A."> <text>Each utility shall establish practices for operators and representatives with the objective of providing efficient and pleasing service to the customers. Operators and representatives shall be instructed so as to be courteous, considerate, and efficient in handling all matters and to comply with the provisions of the Communications Act of 1934, as amended, in maintaining the secrecy of communications.</text> </paragraph> <paragraph num="B."> <text>The Company shall maintain adequate personnel and equipment to assure that operator answering performance is provided as follows based upon a sampling of calls over a 1-month period for those offices sufficient in size to provide a statistically reliable service measurement sample:</text> </paragraph> <paragraph num="C."> <text>An “answer” means that the operator or representative of the utility is ready to render assistance or ready to accept the information necessary to process the call, or both. An acknowledgement that the customer is waiting on the line may not suffice to constitute an “answer”.</text> </paragraph> <paragraph num="D."> <text>Answering time studies shall be made, utilizing recognized sampling techniques, and a monthly summarization prepared with respect to each operator office or large team complex for their various classes of calls.</text> </paragraph> <paragraph num="E."> <text>Answering time recorders shall be installed or adequate service observing measurement shall be established in all toll centers and higher rank offices.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Dial Service Requirements."> <paragraph num="A."> <text>The utility shall have facilities which will allow 98.5 percent of all calls placed to receive a dial tone within 3 seconds.</text> </paragraph> <paragraph num="B."> <text>As a minimum acceptable level of performance, 95 payment of attempts during the average busy season busy hour shall receive a dial tone within 3 seconds.</text> </paragraph> <paragraph num="C."> <text>The busy season shall be the period composed of those months of highest load for the particular service being considered. The busy season shall ordinarily include 3 months, not necessarily consecutive. The beginning of the “month” may be other than the beginning of the calendar month, if good cause and consistency can be shown.</text> </paragraph> <paragraph num="D."> <text>The busy hour shall be the 2 consecutive half-hours during which the greatest volume of traffic is handled in the central office. Different days of the week may have different busy hours, but the hour selected for any day shall be used on that day of the week for the entire busy season.</text> </paragraph> <paragraph num="E."> <text>Reasonable Call Completion Rate.</text> <paragraph num="(1)"> <text>Reasonable call completion rates to establish “minimum acceptable levels of service”, based on observed results of properly dialed calls in all offices sufficient in size to provide a statistically reliable service measurement sample, shall be:</text> <paragraph num="(a)"> <text>Local calls by customers—94 percent completions;</text> </paragraph> <paragraph num="(b)"> <text>DDD calls by customers—(outgoing trunks) 94 percent completions;</text> </paragraph> <paragraph num="(c)"> <text>DDD calls by customers—(incoming trunks) 96 percent completions.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>For purposes of computing the completion rates suggested, properly dialed completed calls shall include:</text> <paragraph num="(a)"> <text>Reaching the number that was dialed;</text> </paragraph> <paragraph num="(b)"> <text>Reaching a busy condition at the dialed number;</text> </paragraph> <paragraph num="(c)"> <text>Reaching a “ring, no answer” at the dialed number;</text> </paragraph> <paragraph num="(d)"> <text>Terminating the call before it has routed to the dialed number;</text> </paragraph> <paragraph num="(e)"> <text>Reaching intercept correctly.</text> </paragraph> </paragraph> </paragraph> <paragraph num="F."> <text>Outgoing toll trunks (dial 0, 0+, and 1+), toll completing trunking, and final route inter-toll trunking shall be designed so that not more than 1 percent of the attempts to connect to a toll trunk in the busy season, busy hour will encounter an all-trunks busy condition.</text> </paragraph> <paragraph num="G."> <text>As a minimum acceptable level of performance, incoming matching loss may not exceed 5 percent in the average busy season, busy hour.</text> </paragraph> <paragraph num="H."> <text>Recognized engineering practices shall be utilized to determine equipment provisions required to meet the objectives mentioned in this regulation.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Termination of Attempts."> <text>Every originated call shall result in one of the following:</text> <paragraph num="A."> <text>The call shall progress to the number dialed, the calling customer shall receive an indication of ringing, and the called telephone shall ring;</text> </paragraph> <paragraph num="B."> <text>The call shall progress to the number dialed and, if busy, the calling customer shall receive a busy signal;</text> </paragraph> <paragraph num="C."> <text>The call shall progress only part of the way through the switch train and, having reached an overflow condition, shall receive an appropriate overflow signal, which can be readily differentiated from a subscriber busy signal;</text> </paragraph> <paragraph num="D."> <text>A call to vacant code level, code, or subscriber number shall receive an adequate and appropriate intercept where facilities permit.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Transmission Requirements."> <text>Telephone utilities shall furnish and maintain adequate plant, equipment, and facilities to provide satisfactory transmission of communications between customers in their service area. Transmission shall be at adequate volume levels and free of excessive distortion. Levels of noise and cross-talk shall be such as not to impair communications. It is recognized that, due to extreme environmental conditions and economic factors, it is normal to have a small percentage of items that exceed objective levels. If the loss exceeds the stated objectives by more than 4 db, or the noise exceeds the stated objectives by more than 10 db, these cases of excess loss or noise shall be considered as troubles requiring correction.</text> </regulation> <regulation prefix="Regulation" num=".07" heading="Minimum Transmission Objectives."> <paragraph num="A."> <text>Reference Conditions. The transmission objectives set forth in these regulations are based upon the use of standard telephone sets connected to a 48-volt dial central office and measured at a frequency of 1000 hertz. This does not preclude future designs based on new instruments or voltages other than 48 volts, provided that equivalent or better transmission is obtained.</text> </paragraph> <paragraph num="B."> <text>Loop Resistance. A subscriber line shall have a loop resistance not exceeding the operating design of the associated central office equipment. Amplifiers and long line adaptors may be used to extend the central office equipment design limits; however, the objectives of these regulations shall be met.</text> </paragraph> <paragraph num="C."> <text>Permissible Loss on Subscriber Loops. The maximum transmission loss objective of any one subscriber loop shall be 11 db. Subscribers' loops with losses in excess of 15 dB shall be considered as trouble requiring correction. The maximum transmission loss objective between any two subscribers on separate lines in the same central office shall be 22 db.</text> </paragraph> <paragraph num="D."> <text>Permissible Loss on Local Interoffice Trunks. The maximum overall transmission loss objective, including the loss in terminating equipment on local interoffice trunks, shall be 7 db. Local interoffice trunks with losses in excess of 11 db shall be considered as troubles requiring correction.</text> </paragraph> <paragraph num="E."> <text>Permissible Loss on Toll Trunks. The maximum overall transmission loss objective, including the loss in terminating equipment for toll connecting trunks, shall be 4 db. Toll connecting trunks with losses in excess of 8 db shall be considered as troubles requiring correction. The maximum loss in intertoll trunks shall be consistent with the requirements of a nationwide switching plan.</text> </paragraph> <paragraph num="F."> <text>Permissible Noise on Subscribers' Lines. Subscribers' lines with noise in excess of 40 db above reference level shall require correction. “Reference level” is defined as 90 db (referred to as one milliwatt).</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Measurement."> <paragraph num="A."> <text>Measuring devices, methods and practices, recognized generally by the communications industry as being adequate for the purposes used, shall be utilized to obtain directly or to allow calculation of results with respect to the service objectives stated in these regulations.</text> </paragraph> <paragraph num="B."> <text>When equipment arrangements permit, each utility shall have an objective of attaining at least 300 local dial service measurements per month on all originating entities serving more than 10,000 main, equivalent, and centrex C.O. stations, and on all originating entities serving more than 5,000 main, equivalent, and centrex C.O. main stations that are a part of a local dial network of 15,000 main stations.</text> </paragraph> <paragraph num="C."> <text>Each utility shall provide, maintain, and operate a dial tone speed measuring device for all originating entities serving more than 3,000 main, equivalent, and centrex C.O. main stations.</text> </paragraph> <paragraph num="D."> <text>Each utility shall provide, maintain, and operate load or servicing indicating devices on originating equipment for all entities not equipped with a dial tone speed measuring device.</text> </paragraph> <paragraph num="E."> <text>Each utility shall measure the answering time at all customer contact locations (repair service, business offices, toll operator office, and so forth) that receive more than 200 contacts per average business day.</text> </paragraph> <paragraph num="F."> <text>A performance record for each Central Office or other appropriate entity shall be established and kept current and shall show applicable service results hourly, daily, monthly, or otherwise as appropriate.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".09" heading="Interruption of Service."> <paragraph num="A."> <text>Each utility shall take appropriate measures to assure that service interruptions shall be kept to a minimum.</text> </paragraph> <paragraph num="B."> <text>Each utility shall make provisions to meet emergencies resulting from failure of power, sudden and prolonged increases in traffic, absences of employees, or from fire, storm, or similar contingencies. The utility shall inform its employees as to procedures to be followed in the event of these contingencies in order to prevent or mitigate interruption or impairment of service.</text> </paragraph> <paragraph num="C."> <text>Each central office equipped with an emergency generator shall contain, as a minimum, 4 hours of battery reserve based on the busy hour load. Offices not so equipped shall contain, as a minimum, 8 hours of battery reserve based on the busy hour load and shall have access to a portable generator capable of providing power in the event of power failure.</text> </paragraph> <paragraph num="D."> <text>Outside facilities shall be so constructed as to be minimally susceptible to interruptions due to weather conditions.</text> </paragraph> <paragraph num="E."> <text>If service must be interrupted for the purpose of working on the lines or equipment, reasonable effort shall be made to perform the work at a time which shall cause minimal inconvenience to subscribers. When the interruption will be of a significant duration, the affected customers shall be notified and emergency services shall be available, as required, for the duration of the interruption.</text> </paragraph> <paragraph num="F."> <text>Each telephone utility shall inform the Commission, as soon as possible, of any occurrence of an unusual nature which apparently may result in prolonged and serious interruption of service to a large number of customers.</text> </paragraph> <paragraph num="G."> <text>Each utility shall keep records of interruptions of service and shall make an analysis of the records for the purpose of determining steps to be taken to prevent recurrence of the interruptions. These records should include the following information concerning the interruptions:</text> <paragraph num="(1)"> <text>Cause;</text> </paragraph> <paragraph num="(2)"> <text>Date and time; and</text> </paragraph> <paragraph num="(3)"> <text>Duration.</text> </paragraph> </paragraph> <paragraph num="H."> <text>The records for each unattended central office shall show interruptions which required attention to restore service, with the estimated time of interruption.</text> </paragraph> <paragraph num="I."> <text>Repair service shall be available daily, including Sunday, to all customers in the case of a service interruption to any main station telephone, consistent with the personal safety of utility personnel.</text> </paragraph> <paragraph num="J."> <text>Service shall be maintained in such a manner as is required to assure that the rate of customer trouble reports in a district service center is no greater than 8.0 per 100 stations per month.</text> </paragraph> <paragraph num="K."> <text>Allowance for Interruptions. If the service is interrupted, appropriate action shall be taken to the extent possible to restore service within 24 hours following notification by the customer. Appropriate adjustment or refunds shall be made for a telephone out of service longer than 24 hours, per utility's tariff.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".10" heading="Maintenance, Inspection, and Tests."> <paragraph num="A."> <text>Each utility shall adopt a program of periodic tests, inspections, and other preventive maintenance activity to provide safe, adequate, and reliable service.</text> </paragraph> <paragraph num="B."> <text>Each utility shall maintain or have access to test facilities enabling it to determine the operating and transmission capabilities of all equipment and facilities, both for routine maintenance and for fault location.</text> </paragraph> <paragraph num="C."> <text>Each utility shall maintain or have access to the necessary facilities, instruments, and equipment for testing its metering and recording equipment and shall adopt appropriate practices for the periodic testing of its operation.</text> </paragraph> <paragraph num="D."> <text>Each utility shall test any usage recording devices upon written request of any customer, based upon reasonable grounds and provided the test is not requested more frequently than once each 12 months without clear cause.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".11" heading="Repealed" /> <regulation prefix="Regulation" num=".12" heading="Repealed." /> <regulation prefix="Regulation" num=".13" heading="Protection of Utility's Facilities."> <text>The utilities shall, when requested, furnish appropriate information concerning location of underground facilities, in order to prevent any interruption of service to telephone customers. Nothing in this regulation is intended to affect the responsibility, liability, or legal rights of any party under applicable laws or statutes.</text> </regulation> <annotations> <annotation type="Authority">Public Utilities Article, §§2-121, 5-101, and 5-303, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: January 1, 1976 (Order No. 61496)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 amended effective March 18, 2013 (40:5 Md. R. 412)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07F amended effective January 23, 1981 (8:2 Md. R. 117)</annotation> <annotation type="History" subtype="Administrative History">Regulation .11B amended effective January 1, 1976 (Order No. 61570)</annotation> <annotation type="History" subtype="Administrative History">Regulations .11 and .12 repealed effective July 31, 1995 (22:15 Md. R. 1121)</annotation> </annotations> </chapter> <chapter num="06" heading="Pay Phone Service"> <regulation prefix="Regulation" num=".01" heading="Scope."> <paragraph num="A."> <text>Except as provided under §B of this regulation, this chapter applies to a person operating a pay phone.</text> </paragraph> <paragraph num="B."> <text>The provisions of Regulations .03—.07 of this chapter do not apply to a person operating a pay phone in a State, local, or federal correctional facility.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Registration."> <paragraph num="A."> <text>Registration. Prior to providing pay phone service, a person shall complete and file a pay phone service provider registration form provided by the Commission.</text> </paragraph> <paragraph num="B."> <text>Annual Registration Report.</text> <paragraph num="(1)"> <text>A pay phone service provider shall file an annual registration report with the Commission by April 1 of each year.</text> </paragraph> <paragraph num="(2)"> <text>The annual registration report shall be on a form provided by the Commission and include the:</text> <paragraph num="(a)"> <text>Name of the pay phone service provider;</text> </paragraph> <paragraph num="(b)"> <text>Location address of each active pay phone owned or operated by the pay phone service provider;</text> </paragraph> <paragraph num="(c)"> <text>Telephone number of each active pay phone owned or operated by the pay phone service provider; and</text> </paragraph> <paragraph num="(d)"> <text>Local exchange carrier for each active pay phone owned or operated by the pay phone service provider.</text> </paragraph> </paragraph> </paragraph> <paragraph num="C."> <text>Proprietary Information. A pay phone service provider may request that documents filed under §§A and B of this regulation be designated as proprietary.</text> </paragraph> <paragraph num="D."> <text>Annual Assessment. A pay phone service provider shall pay the annual assessment required by Public Utilities Article, §2-110, Annotated Code of Maryland.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Pay Phone Service Requirements."> <paragraph num="A."> <text>Local Calls.</text> <paragraph num="(1)"> <text>After an initial 10 minutes of pay phone use for a local call, a pay phone service provider may impose an additional per-minute charge for the use of the pay phone.</text> </paragraph> <paragraph num="(2)"> <text>The pay phone service provider shall post the initial charge and any additional per-minute charges as required under Regulation .04 of this chapter.</text> </paragraph> <paragraph num="(3)"> <text>If an additional per-minute charge is associated with a pay phone, the pay phone service provider shall ensure that the pay phone has:</text> <paragraph num="(a)"> <text>A verbal warning to a user that the initial paid call period is ending; and</text> </paragraph> <paragraph num="(b)"> <text>Instructions on how to continue the call.</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>Incoming Calls. Except as provided in §C of this regulation, all pay phones shall receive incoming calls without charge.</text> </paragraph> <paragraph num="C."> <text>Blocking Incoming Calls. If approved by the Commission, a pay phone service provider may block incoming calls to a pay phone.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Posting and Informational Requirements."> <paragraph num="A."> <text>Posting Required. A pay phone service provider shall prominently and conspicuously post on or near each pay phone notification of:</text> <paragraph num="(1)"> <text>The proper dialing sequence to complete a call;</text> </paragraph> <paragraph num="(2)"> <text>The local coin rate or a procedure to obtain free rate information for an exclusively card-operated or coinless pay phone;</text> </paragraph> <paragraph num="(3)"> <text>The name and address of the pay phone service provider and the operator service provider;</text> </paragraph> <paragraph num="(4)"> <text>The pay phone service provider's and the operator service provider's toll free number or an equivalent free local or speed-dial number for maintenance and refunds;</text> </paragraph> <paragraph num="(5)"> <text>A toll free number for the current long distance carrier;</text> </paragraph> <paragraph num="(6)"> <text>A statement that the Commission has authority over the pay phone service provider, the long distance carrier, and the operator service provider;</text> </paragraph> <paragraph num="(7)"> <text>The Commission's toll free number; and</text> </paragraph> <paragraph num="(8)"> <text>If approved by the Commission under Regulation .03C of this chapter, a statement that incoming calls are blocked.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Directory Assistance Charges. A pay phone service provider shall:</text> <paragraph num="(1)"> <text>Post a notice or verbally inform a pay phone user of a charge for directory assistance; or</text> </paragraph> <paragraph num="(2)"> <text>Post notification of the procedure to obtain free rate information for calls to directory assistance.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Attestation to Local Exchange Company."> <text>A pay phone service provider shall provide to a local exchange company providing dial tone to the pay phone service provider's pay phone a one-time written attestation that the pay phone service provider has or will obtain the appropriate certification, permit, or authorization from the responsible government entity, property owner, or lessee for placement of a pay phone in Maryland.</text> </regulation> <regulation prefix="Regulation" num=".06" heading="Directory Assistance Charges and Charge-Free Calls."> <paragraph num="A."> <text>Directory Assistance. A pay phone service provider may charge a user for a directory assistance call.</text> </paragraph> <paragraph num="B."> <text>Charge-Free Calling. A pay phone service provider shall permit a user of its pay phone to reach any of the following without payment:</text> <paragraph num="(1)"> <text>A toll free number;</text> </paragraph> <paragraph num="(2)"> <text>The Universal Emergency Number 911 Services by dialing "9-1-1";</text> </paragraph> <paragraph num="(3)"> <text>The telecommunications relay service; and</text> </paragraph> <paragraph num="(4)"> <text>A local operator by dialing “Zero-Minus” (0-).</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Equipment Requirements."> <paragraph num="A."> <text>Telephone Directories. A pay phone service provider shall provide both white page and yellow page telephone directories on an annual basis for:</text> <paragraph num="(1)"> <text>All indoor pay phone locations; and</text> </paragraph> <paragraph num="(2)"> <text>Outdoor pay phone locations when requested by the site owner.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Height and Hearing Requirements. A pay phone service provider shall comply with Maryland and federal height and hearing aid compatibility regulations when installing a pay phone.</text> </paragraph> <paragraph num="C."> <text>Access to Interexchange Carriers. A pay phone service provider shall ensure that its pay phone:</text> <paragraph num="(1)"> <text>Permits access to all interexchange carriers; and</text> </paragraph> <paragraph num="(2)"> <text>Allows completion of local and long distance calls in Maryland.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Coin Capability.</text> <paragraph num="(1)"> <text>Except as provided under §D(2) of this regulation, a pay phone service provider shall ensure that its pay phone is capable of:</text> <paragraph num="(a)"> <text>Accepting nickels, dimes, and quarters; and</text> </paragraph> <paragraph num="(b)"> <text>Handling sent-paid long distance other than sent-paid person-to-person calls, unless the pay phone is connected to a network-controlled coin line.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>A coinless pay phone that is exclusively card operated is not required to accept coin payment.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Coin Return. A pay phone service provider shall ensure that a coin-operated pay phone returns a deposited coin if a called telephone number is busy or not answered.</text> </paragraph> <paragraph num="F."> <text>Amplified Handset. A pay phone service provider shall install:</text> <paragraph num="(1)"> <text>An amplified handset on a pay phone that replaces a phone with an amplified handset; or</text> </paragraph> <paragraph num="(2)"> <text>One pay phone with an amplified handset for every four pay phones in a single phone bank.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Penalties."> <text>Failure to comply with the provisions of this chapter may result in the imposition of a civil penalty or other sanctions under Public Utilities Article, Annotated Code of Maryland, including the disconnection of the pay phone service and the revocation of a pay phone service provider's registration.</text> </regulation> <annotations> <annotation type="Authority">Public Utilities Article, §§2-113, 2-121, 4-201—4-203,and 4-301, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: January 1, 1976 (Order No. 61496)</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.03, Coin Service, repealed and new Regulations .01—.08, Pay Phone Service, adopted effective February 26, 2007 (34:4 Md. R. 403)</annotation> </annotations> </chapter> <chapter num="07" heading="Provision of Facilities"> <regulation prefix="Regulation" num=".01" heading="Planning Policy."> <text>In planning telephone service, it shall be the responsibility of each utility to provide the type and quantities of facilities that will meet the expected communications service demands of the public in the most economical manner possible that is consistent with current and long range service standards and modernization objectives.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Plant Modification."> <text>In planning the modernization of a plant, the objective shall be to systematically replace and augment the older plant as rapidly as practical consistent with sound management judgment in meeting current customer service requirements and objectives.</text> </regulation> <annotations> <annotation type="Authority">Public Utilities Article, §§2-118, 2-121, and 5-101, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: January 1, 1976 (Order No. 61496)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 amended effective January 23, 1981 (8:2 Md. R. 117)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective March 18, 2013 (40:5 Md. R. 412)</annotation> </annotations> </chapter> <chapter num="08" heading="Safety"> <regulation prefix="Regulation" num=".01" heading="Protective Measures."> <paragraph num="A."> <text>Exercise Reasonable Care. Each utility shall exercise reasonable care to minimize the hazards to which its employees, its customers, and the general public may be subjected.</text> </paragraph> <paragraph num="B."> <text>Investigation by Commission. The utility shall give reasonable assistance to the Commission in the investigation of the cause of accidents and in the determination of suitable means of preventing accidents.</text> </paragraph> <paragraph num="C."> <text>Record of Accidents. Each utility shall maintain a summary of all reportable accidents arising from its operations.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Safety Program."> <paragraph num="A."> <text>Adopt Safety Program. Each utility shall adopt and execute a safety program, fitted to the size and type of its operations, including the requirements of the Occupational Safety and Health Act of 1970.</text> </paragraph> <paragraph num="B."> <text>Use Suitable Tools and Equipment. Each utility should require its employees to use suitable tools and equipment in order that they may perform their work in a safe manner.</text> </paragraph> <paragraph num="C."> <text>Promote Safe Work Methods. Each utility should instruct its employees in safe methods of performing their work.</text> </paragraph> <paragraph num="D."> <text>Instruct in Artificial Respiration. Each utility should instruct its employees, who, in the course of their work, are subject to the hazards of electrical shock or drowning, in accepted methods of artificial respiration.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Grounding — Standard Codes."> <text>Each utility shall use the applicable provisions in the National Electrical Code and in the National Electrical Safety Code, which have been incorporated by reference in COMAR 20.50.02.02, for the grounding of circuits and equipment.</text> </regulation> <annotations> <annotation type="Authority">State Government Article, §7-207(a); Public Utilities Article, §§2-113, 2-121, 5-303, and 5-304, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: January 1, 1976 (Order No. 61496)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 amended effective February 26, 2007 (34:4 Md. R. 403)</annotation> </annotations> </chapter> <chapter num="09" heading="Intrastate Switched Access and Pay Phone Dial Around Surcharge Rates"> <regulation prefix="Regulation" num=".01" heading="Scope."> <text>This chapter applies to a local exchange or interexchange telephone company operating within Maryland.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Dial around” means a method used by a pay phone user to purposely bypass a pay phone company's local exchange or interexchange telephone company services.</text> </paragraph> <paragraph num="(2)"> <text>“Effective rate per switched access minute of use” means a rate that results from dividing the total revenue billed over a specific period of time for all rate elements contained in the intrastate switched access tariff of a facilities-based carrier by the total switched access minutes of use recorded by that carrier for the same time period.</text> </paragraph> <paragraph num="(3)"> <text>“Facilities-based carrier” means a local exchange telephone company owning or leasing facilities that consists of switching and transmission equipment used to carry voice or data traffic within Maryland.</text> </paragraph> <paragraph num="(4)"> <text>“Intrastate” means services, traffic, or facilities that originate and terminate within Maryland.</text> </paragraph> <paragraph num="(5)"> <text>Local Exchange Telephone Company.</text> <paragraph num="(a)"> <text>“Local exchange telephone company” means a public service company that:</text> <paragraph num="(i)"> <text>Owns telephone lines to receive, transmit, or communicate voice or data traffic within Maryland; or</text> </paragraph> <paragraph num="(ii)"> <text>Leases, licenses, or sells telephone lines to receive, transmit, or communicate voice or data traffic within Maryland.</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>“Local exchange telephone company” does not include a public service company that provides service only between telephone exchange areas.</text> </paragraph> </paragraph> <paragraph num="(6)"> <text>“Interexchange telephone company” means a public service company that receives, transmits, or communicates voice or data traffic between telephone exchange areas within Maryland.</text> </paragraph> <paragraph num="(7)"> <text>“Switched access service” means the service provided by a local exchange telephone company to an interexchange telephone company to originate and terminate in-State long distance calls.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Intrastate Switch Access Rates."> <paragraph num="A."> <text>The provisions of this regulation are subject to the requirements of federal law.</text> </paragraph> <paragraph num="B."> <text>A local exchange company’s intrastate originating switched access rates may not exceed its interstate originating access rates, as authorized by the Federal Communications Commission. In mirroring its interstate originating access rates, a local exchange company shall:</text> <paragraph num="(1)"> <text>Eliminate or zero-rate any intrastate rate element that does not exist in the interstate jurisdiction;</text> </paragraph> <paragraph num="(2)"> <text>Decrease any intrastate rate element that is higher than its corresponding interstate rate element to equal the interstate rate; and</text> </paragraph> <paragraph num="(3)"> <text>Increase any intrastate rate element that is lower than its corresponding interstate rate element to equal the interstate rate.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Notwithstanding §B of this regulation, a local exchange company’s intrastate per-query rate for use of an 8YY database may not exceed the rate of the incumbent local exchange telephone company having the largest number of access lines in Maryland.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Pay Phone Dial Around Surcharge Rates."> <text>The per-call rate at which an interexchange telephone company subject to this chapter may offer pay phone dial around services to its customers is capped at 50 cents.</text> </regulation> <regulation prefix="Regulation" num=".05" heading="Waivers."> <paragraph num="A."> <text>A local exchange or interexchange telephone company subject to this chapter may request a waiver of the provisions of this chapter by filing an application with the Commission under COMAR 20.07.04, including supporting cost data.</text> </paragraph> <paragraph num="B."> <text>The Commission may waive the provisions of this chapter, if it finds the rate proposed in the application filed under §A of this regulation is just and reasonable.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Fee Waiver."> <text>The Commission shall waive the filing fee assessed under COMAR 20.07.05.03A(14) for local exchange or interexchange telephone companies filing revised rates under Regulation .04 or .05 of this chapter.</text> </regulation> <regulation prefix="Regulation" num=".07" heading="Penalty for Failure to Comply."> <text>Failure to comply with the provisions of this chapter may result in the imposition of a civil penalty or other sanctions under Public Utilities Article, Annotated Code of Maryland.</text> </regulation> <annotations> <annotation type="Authority">Public Utilities Article, §§2-113, 2-121, 4-201—4-203, and 4-301, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: January 6, 2005 (31:26 Md. R. 1865)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 amended effective April 6, 2020 (47:7 Md. R. 384)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04 amended effective April 11, 2005 (32:7 Md. R.684)</annotation> </annotations> </chapter> </subtitle> <subtitle num="50" heading="Service Supplied by Electric Companies"> <chapter num="01" heading="General"> <regulation prefix="Regulation" num=".01" heading="Authorization of Regulations."> <text>The Public Utilities Article, Annotated Code of Maryland, provides that the Commission shall have the power to make such reasonable regulations as it deems necessary to carry out the provisions of this law and any other law relating to the Commission.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Application of Regulations."> <paragraph num="A."> <text>Application. These regulations apply to any electric utility operating within the State, under the jurisdiction of the Public Service Commission.</text> </paragraph> <paragraph num="B."> <text>Purpose. These regulations are intended to promote safe and adequate service to the public, to provide standards for uniform and reasonable practices by utilities, and to outline the responsibility of the public in requesting and receiving service from the utilities.</text> </paragraph> <paragraph num="C."> <text>Exemption. If unreasonable hardship to a utility or to a customer results from the application of any of these regulations, application may be made to the Commission for the modification of the regulation or for temporary or permanent exemption from its requirements.</text> </paragraph> <paragraph num="D."> <text>Modification. The adoption of these regulations does not preclude the Commission from altering or amending them, or from making such modifications with respect to their application as may be found necessary to meet exceptional conditions.</text> </paragraph> <paragraph num="E."> <text>Duties Under Other Statutes. These regulations do not relieve any utility from any of its duties under the laws of this State.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Definitions."> <paragraph num="A."> <text>In this subtitle, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Abandoned call” means a telephone call in which the customer has elected to speak to a customer service representative but the call is terminated before the customer service representative answers.</text> </paragraph> <paragraph num="(2)"> <text>“All-in vegetation management cost” means all vegetation management capital and operation and maintenance expenditures, including:</text> <paragraph num="(a)"> <text>All direct contractual costs and internal staffing associated with yearly scheduled cyclical trimming and all corrective work; and</text> </paragraph> <paragraph num="(b)"> <text>All indirect costs associated with vegetation management staff, supplies, and equipment.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Answer.</text> <paragraph num="(a)"> <text>“Answer” means rendering assistance to a telephone caller or accepting information necessary to process a telephone call by a customer service representative or an automated voice response system.</text> </paragraph> <paragraph num="(b)"> <text>“Answer” does not include an acknowledgement that a telephone caller is waiting on the line.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>“Baseline annual usage” means:</text> <paragraph num="(a)"> <text>The total of an eligible customer-generator’s previous 12 months of electric energy use in kilowatt hours at the time of the installation or upgrade of an eligible customer-generator’s generating system; or</text> </paragraph> <paragraph num="(b)"> <text>An estimate of 12 months electric use in kilowatt hours based on a methodology approved by the Commission for an eligible customer-generator that does not have 12 months of electric energy use in kilowatt hours at the time of the installation or upgrade of an eligible customer-generator’s generating system.</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>“Billing period” means the period of time covered by a bill issued by an electric company.</text> </paragraph> <paragraph num="(6)"> <text>“Bordering jurisdiction” means the District of Columbia, Delaware, Pennsylvania, Virginia, and West Virginia.</text> </paragraph> <paragraph num="(7)"> <text>“Commission” means the Public Service Commission of Maryland.</text> </paragraph> <paragraph num="(8)"> <text>“Contact voltage” means a voltage condition that may result in an object or surface being inadvertently energized.</text> </paragraph> <paragraph num="(9)"> <text>“Contact voltage risk zone (CVRZ)” means the portions of each electric company’s service territory that:</text> <paragraph num="(a)"> <text>Are served by an underground electric distribution plant; and</text> </paragraph> <paragraph num="(b)"> <text>Have substantial pedestrian traffic or population density, whether permanent, seasonal or varying by time of day.</text> </paragraph> </paragraph> <paragraph num="(10)"> <text>“Contact voltage survey” means a survey performed by an electric company to detect contact voltage consistent with the company’s Commission-approved voltage survey plan.</text> </paragraph> <paragraph num="(11)"> <text>“Corrective maintenance” means maintenance performed to correct system equipment or component conditions that render them incapable of performing their designed function.</text> </paragraph> <paragraph num="(12)"> <text>“Critical facilities” means a utility-specific list of electric system customers essential for public health and safety requiring restoration priority as determined in consultation with State and local jurisdictions.</text> </paragraph> <paragraph num="(13)"> <text>“Cultural control practices” means control of vegetation through the establishment of compatible stable plant communities or the use of crops, pastures, mulching, or other managed landscapes.</text> </paragraph> <paragraph num="(14)"> <text>“Customer” means a person, partnership, association, corporation, or governmental agency being supplied with electric service by a utility.</text> </paragraph> <paragraph num="(15)"> <text>“Customer average interruption duration index (CAIDI)” means the system average interruption duration index (SAIDI) divided by the system average interruption frequency index (SAIFI).</text> </paragraph> <paragraph num="(16)"> <text>“Customers experiencing multiple interruptions (CEMIn)” means the ratio of individual customers experiencing n or more sustained interruptions to the total number of customers served.</text> </paragraph> <paragraph num="(17)"> <text>“Customer interruption hours” means an amount of time calculated by multiplying a sustained interruption duration by the total number of customers affected by the sustained interruption.</text> </paragraph> <paragraph num="(18)"> <text>“Distribution transformer” has the meaning stated in 10 CFR §431.192, as amended, which is incorporated by reference.</text> </paragraph> <paragraph num="(19)"> <text>“Electric company” has the meaning stated in Public Utilities Article, §1-101, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(20)"> <text>“Electric distribution” plant means all electric company plant used to distribute electricity to its customers, including covers and protective structures and excluding customer meters and meter enclosures.</text> </paragraph> <paragraph num="(21)"> <text>“Electric plant” means a plant and property owned by an electric utility, used in its business operations of providing electric service to its customers.</text> </paragraph> <paragraph num="(22)"> <text>“Eligible customer-generator” has the meaning stated in Public Utilities Article, §7-306, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(23)"> <text>Environmental surcharge means the charge in dollars and cents billed by an electric company under Public Utilities Article, §7-203, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(24)"> <text>“Excess generation” means the amount of electricity produced by an eligible customer-generator that exceeds the electricity used by the eligible customer-generator in a monthly billing period.</text> </paragraph> <paragraph num="(25)"> <text>“Feeder” means an electric plant that emanates from a substation, serves customers, and is normally electrically isolated at all endpoints.</text> </paragraph> <paragraph num="(26)"> <text>“Global ETR” means a single estimated time for restoration for the entire service territory or the area of the service territory affected by the major outage event and should represent the time when at least 90 percent of all affected customers will have been restored.</text> </paragraph> <paragraph num="(27)"> <text>“Government emergency responder” means fire and police personnel and government employees who:</text> <paragraph num="(a)"> <text>Are working at the direction of fire, police, or 911 emergency dispatcher personnel to respond to an emergency; or</text> </paragraph> <paragraph num="(b)"> <text>Have been identified by fire, police, or 911 dispatcher personnel as responding to an emergency.</text> </paragraph> </paragraph> <paragraph num="(28)"> <text>“Hazard tree” means a structurally unsound tree or tree limb that could strike poles, substations, or energized overhead electric plant when it falls.</text> </paragraph> <paragraph num="(29)"> <text>“Institute of Electrical and Electronics Engineers (IEEE) major event day” means a day determined to be a major event day using the IEEE method of determining excludable data for calculation of reliability indices under IEEE Std 1366TM 2003.</text> </paragraph> <paragraph num="(30)"> <text>“Interruption duration” means the period of time, truncated or rounded to the nearest minute, during which a sustained interruption occurs.</text> </paragraph> <paragraph num="(31)"> <text>“Maintenance” means an inspection, diagnostics test, and or physical maintenance performed with the intent of assessing or predicting equipment failure before it occurs or improving equipment condition and thus preventing an equipment component or sub-component performance failure.</text> </paragraph> <paragraph num="(32)"> <text>“Major outage event” means an event when the following occurs:</text> <paragraph num="(a)"> <text>Before January 1, 2020:</text> <paragraph num="(i)"> <text>More than 10 percent or 100,000, whichever is less, of the electric utility’s Maryland customers experience a sustained interruption of electric service and restoration of electric service to any of these customers takes more than 24 hours; or</text> </paragraph> <paragraph num="(ii)"> <text>The federal, State, or local government declares an official state of emergency in the utility’s service territory and the emergency involves interruption of electric service; or</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>Beginning January 1, 2020:</text> <paragraph num="(i)"> <text>More than 10 percent or 100,000, whichever is less, of the electric utility’s Maryland customers experience a sustained interruption of electric service; and</text> </paragraph> <paragraph num="(ii)"> <text>Restoration of electric service to any of these customers takes more than 24 hours.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(33)"> <text>“Major outage event interruption data” means all electric customer interruption occurrence and duration information collected by the utility during a major outage event.</text> </paragraph> <paragraph num="(34)"> <text>“Mature tree” means a tree, whether or not previously pruned by the utility, that is well-established with a defined crown and that is at least 20 feet tall or 6 inches in diameter at breast height. Mature tree does not include a hazard tree.</text> </paragraph> <paragraph num="(35)"> <text>“Meter” means unless otherwise qualified, a device of the utility used in measuring watts, watt-hours, vars, var-hours, volt-amperes, or volt-ampere-hours.</text> </paragraph> <paragraph num="(36)"> <text>“Micro combined heat and power” has the meaning stated in Public Utilities Article, §7-306, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(37)"> <text>“Momentary average interruption frequency index (MAIFIE)” means the ratio of the total number of customer momentary interruption events divided by the total number of customers served.</text> </paragraph> <paragraph num="(38)"> <text>Momentary Interruption.</text> <paragraph num="(a)"> <text>“Momentary interruption” means the loss of electric service of a duration limited to the time required to restore electric service by:</text> <paragraph num="(i)"> <text>Automatic or supervisory-controlled switching operations; or</text> </paragraph> <paragraph num="(ii)"> <text>Manual switching at locations where an operator is immediately available.</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>“Momentary interruption” does not include a loss of electric service which takes more than 5 minutes to restore.</text> </paragraph> </paragraph> <paragraph num="(39)"> <text>“Net energy metering” has the meaning stated in Public Utilities Article, §7-306, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(40)"> <text>“Net Excess Generation” has the meaning stated in Public Utilities Article, §7-306, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(41)"> <text>“Normal conditions” means conditions other than a major outage event.</text> </paragraph> <paragraph num="(42)"> <text>“Number of customer interruptions” means the number of customers without electric service during a sustained interruption.</text> </paragraph> <paragraph num="(43)"> <text>“Off right-of-way tree” means a tree or part of a tree where the utility does not typically perform routine tree trimming maintenance and may not have the rights to perform tree trimming to improve electric service reliability.</text> </paragraph> <paragraph num="(44)"> <text>“On right-of-way tree” means a tree or part of a tree where the utility typically performs routine tree trimming maintenance and may or may not have the rights to perform tree trimming to improve electric service reliability.</text> </paragraph> <paragraph num="(45)"> <text>“Operating district” means a distinct geographic area for which a cooperatively owned electric utility provides customer services from a decentralized office.</text> </paragraph> <paragraph num="(46)"> <text>Outside Assistance.</text> <paragraph num="(a)"> <text>“Outside assistance” means resources not routinely used by a utility for service restoration.</text> </paragraph> <paragraph num="(b)"> <text>“Outside assistance” does not include resources transferred among utility operating areas.</text> </paragraph> </paragraph> <paragraph num="(47)"> <text>“PJM” has the meaning stated in COMAR 20.52.01.02B.</text> </paragraph> <paragraph num="(48)"> <text>“Premises” means a tract of land or real estate, including buildings and other appurtenances on it.</text> </paragraph> <paragraph num="(49)"> <text>“Primary distribution system” means the alternating current distribution lines supplying the primaries of distribution transformers.</text> </paragraph> <paragraph num="(50)"> <text>“Protective devices” means substation breakers and reclosers, line reclosers, line sectionalizing equipment, and line fuses.</text> </paragraph> <paragraph num="(51)"> <text>“Resilience plan” means a plan or plans to prepare for and recover from pandemics, physical attacks, cyber attacks, electric supply shortages, weather events, significant infrastructure failures, and other credible disturbances with the potential to lead to large and widespread electric outages or loss of critical facilities essential for public health and safety.</text> </paragraph> <paragraph num="(52)"> <text>“Secondary distribution system” means the alternating current system which connects the secondaries of distribution transformers to the customers' services.</text> </paragraph> <paragraph num="(53)"> <text>“Sustained interruption” means the loss of electric service that is not classified as a momentary interruption.</text> </paragraph> <paragraph num="(54)"> <text>“System average interruption duration index (SAIDI)” has the meaning stated in Public Utilities Article, §7-213(a)(2), Annotated Code of Maryland.</text> </paragraph> <paragraph num="(55)"> <text>“System average interruption frequency index (SAIFI)” has the meaning stated in Public Utilities Article, §7-213(a)(3), Annotated Code of Maryland.</text> </paragraph> <paragraph num="(56)"> <text>“Test current” means the current marked on the nameplate of a watt-hour meter by the manufacturer (identified as “TA” on meters manufactured since 1960). This is the current in amperes which is used as the base for adjusting and determining the accuracy of a watt-hour meter at heavy and light loads.</text> </paragraph> <paragraph num="(57)"> <text>“Time-varying rate” means a base or commodity rate structure that includes more than one rate, each of which is applicable to a different time period during the billing cycle and excludes hourly priced rates for which the rate is derived from hourly energy costs from the PJM market.</text> </paragraph> <paragraph num="(58)"> <text>“Total number of customers served” means the number of customers provided with electric service by the distribution facility on the last day of the time period for which a reliability index is being calculated.</text> </paragraph> <paragraph num="(59)"> <text>“Utility” means an electric company as defined in Public Utilities Article, §1-101, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(60)"> <text>” Utility crew” means personnel and equipment routinely used by a utility for service restoration.</text> </paragraph> <paragraph num="(61)"> <text>“Voltage survey plan” means an electric company plan approved by the Commission governing the electric company’s contact voltage detection and testing equipment and voltage detection and testing procedures to be used when conducting contact voltage surveys.</text> </paragraph> <paragraph num="(62)"> <text>“Vulnerable individual” means a customer who is certified to the utility as having a serious illness or the need for life support pursuant to COMAR 20.31.03.01.</text> </paragraph> <paragraph num="(63)"> <text>“Zonal ETR” means the estimated time for restoration when at least 90 percent of all affected customers in the sub-area will have been restored to service.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Environmental Surcharge to be Billed and Remitted by Electric Companies."> <paragraph num="A."> <text>If an electric company itemizes the environmental surcharge on a customer's bill, the electric company shall bill the environmental surcharge to each customer as required by Public Utilities Article, §7-203, Annotated Code of Maryland.</text> </paragraph> <paragraph num="B."> <text>An electric company shall remit to the State Comptroller the amount equal to the environmental surcharge billed under §A of this regulation.</text> </paragraph> <paragraph num="C."> <text>When calculating the amount billed to a customer for the environmental surcharge in a billing period, an electric company shall follow the following rounding practices:</text> <paragraph num="(1)"> <text>If the amount calculated using the environmental surcharge rate and total kilowatt hour usage for the billing period results in an amount ending in $0.005 or greater, the amount shall be rounded up to the next whole cent; and</text> </paragraph> <paragraph num="(2)"> <text>If the amount calculated using the environmental surcharge rate and total kilowatt hour usage for the billing period results in an amount ending in less than $0.005, the amount shall be rounded down to the next whole cent.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Waiver."> <text>The Commission may waive a regulation in this subtitle for good cause shown.</text> </regulation> <annotations> <annotation type="Authority">Public Utilities Article, §§2-113, 2-121, 5-101, 5-303, and 7-213, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: May 22, 1942 (Order No. 38330)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective May 18, 1960 (Order No. 54348)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective June 1, 1965 (Order No. 55819)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 amended effective September 16, 2024 (51:18 Md. R. 810)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03B amended effective April 15, 2002 (29:7 Md. R. 622); July 2, 2007 (34:13 Md. R. 1152); September 21, 2009 (36:19 Md. R. 1438); November 28, 2011 (38:24 Md. R. 1503); February 20, 2012 (39:3 Md. R. 260); May 28, 2012 (39:10 Md. R. 661); December 2, 2019 (46:24 Md. R. 1104); August 21, 2023 (50:16 Md. R. 728);</annotation> <annotation type="History" subtype="Administrative History">Regulation .04 adopted effective July 2, 2007 (34:13 Md. R. 1152)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05 adopted effective February 20, 2012 (39:3 Md. R. 260)</annotation> </annotations> </chapter> <chapter num="02" heading="Engineering"> <regulation prefix="Regulation" num=".01" heading="Good Engineering Practice."> <text>The electric plant of the utility shall be constructed, installed, maintained, and operated in accordance with accepted good engineering practice in the electric industry to assure, as far as reasonably possible, continuity of service, uniformity in the quality of service furnished, and the safety of persons and property.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Acceptable Standards."> <text>Unless otherwise specified by the Commission, the utility shall use the applicable provisions in the latest revised version of the incorporated by reference publications listed below as standards of accepted good engineering practice in this subtitle:</text> <paragraph num="A."> <text>National Electrical Safety Code, ANSI C2 — 2017;</text> </paragraph> <paragraph num="B."> <text>National Electrical Code, ANSI/NFPA 70 — 2020;</text> </paragraph> <paragraph num="C."> <text>American National Standard for Electric Meters — Code for Electricity Metering, ANSI C12.1 — 2014;</text> </paragraph> <paragraph num="D."> <text>American Standard Requirements, Terminology and Test Code for Instrument Transformers, ANSI/IEEE C57.13 — 2016;</text> </paragraph> <paragraph num="E."> <text>Standard for Interconnection and Interoperability of Distributed Energy Resources with Associated Electric Power Systems Interfaces, IEEE 1547-2018;</text> </paragraph> <paragraph num="F."> <text>Standard for Interconnection and Interoperability of Distributed Energy Resources with Associated Electric Power Systems Interfaces, IEEE 1547-2018 Amendment 1 (IEEE Std. 1547a-2020);</text> </paragraph> <paragraph num="G."> <text>Errata to Standard for Interconnection and Interoperability of Distributed Energy Resources with Associated Electric Power Systems Interfaces, IEEE 1547-2018;</text> </paragraph> <paragraph num="H."> <text>IEEE 1547.1-2020, Standard Conformance Test Procedures for Equipment Interconnecting Distributed Energy Resources with Electric Power Systems and Associated Interfaces;</text> </paragraph> <paragraph num="I."> <text>UL Standard for Inverters, Converters, Controllers and Interconnection System Equipment for Use With Distributed Energy</text> </paragraph> <paragraph num="J."> <text>NEMA Standards Publication TP 1 — 2002;</text> </paragraph> <paragraph num="K."> <text>Guide for Electric Power Distribution Reliability Indices, IEEE Standard 1366 — 2003, 4.5 Major event day classifications;</text> </paragraph> <paragraph num="L."> <text>Institute of Electrical and Electronic Engineers Standard 1695 — 2016 — IEEE Guide to Understanding, Diagnosing, and Mitigating Stray and Contact Voltage;</text> </paragraph> <paragraph num="M."> <text>Interconnection Requirements for Onboard, Grid Support Inverter Systems, SAE J3072, Revision 3, June 10, 2024;</text> </paragraph> <paragraph num="N."> <text>Electric Vehicle Supply Equipment, UL 2594, Edition 3, December 15, 2022; and</text> </paragraph> <paragraph num="O."> <text>Electric Vehicle Power Export Equipment (EVPE), UL 9741, September 29, 2023.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Adequacy of Supply."> <text>The generating capacity of the utility's plant, supplemented by the electric power regularly available from other sources, shall be sufficiently large to meet all normal demands for service and provide a reasonable reserve for emergencies.</text> </regulation> <regulation prefix="Regulation" num=".04" heading="Electric Plant Operation and Maintenance."> <text>Each utility shall adopt written operation and maintenance procedures for its electric plant in order to determine the necessity for replacement and repair. The frequency of the various procedures shall be based on the utility's experience and accepted good practice. Each utility shall keep sufficient records to give evidence of compliance with its operation and maintenance procedures.</text> </regulation> <regulation prefix="Regulation" num=".05" heading="Specific Electric Plant Engineering Requirements."> <paragraph num="A."> <text>When the National Electrical Safety Code and the National Electric Code, which are incorporated by reference in Regulation .02 of this chapter, call for different standards or requirements for installations that are under the exclusive control of the utility and located in legally established easements or rights-of-way, or located pursuant to agreements recognized by the Commission such as a utility tariff, the utility shall use the standard or requirement of the National Electrical Safety Code.</text> </paragraph> <paragraph num="B."> <text>Utilities shall maintain the vertical clearances of overhead electric supply lines that cross water surfaces suitable for sailboating in accordance with the values specified by Rule 232 of the National Electrical Safety Code.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Life-Cycle Cost Analysis to Guide the Purchase of Liquid-Immersed Distribution Transformers."> <paragraph num="A."> <text>Scope. This regulation does not apply to an electric cooperative that supplies electricity to fewer than 60,000 electric meters in the State.</text> </paragraph> <paragraph num="B."> <text>Purchase of Liquid-Immersed Distribution Transformers.</text> <paragraph num="(1)"> <text>Beginning January 1, 2009, a utility shall use the life-cycle cost methodology contained in NEMA Standards Publication TP 1-2002, which is incorporated by reference under COMAR 20.50.02.02, when selecting any liquid-immersed distribution transformer for purchase.</text> </paragraph> <paragraph num="(2)"> <text>Evaluation of Distribution Transformer Models.</text> <paragraph num="(a)"> <text>Within each capacity class or type of liquid-immersed distribution transformer, a reasonable number of commercially available models shall be evaluated, and, except as provided §B(2)(b) of this regulation, a utility shall select for purchase the model in each capacity class or type with the lowest total owning costs as determined by the life-cycle cost methodology.</text> </paragraph> <paragraph num="(b)"> <text>If a utility is soliciting bids to supply multiple capacity classes or types of liquid-immersed distribution transformers under a single contract, models offered by a supplier in more than one capacity class or type may be combined for purposes of life-cycle cost evaluation.</text> </paragraph> <paragraph num="(c)"> <text>A utility shall select for purchase the aggregation of models offered by a supplier in the combined classes or types with the lowest total owning cost as determined by the life-cycle cost methodology in §B(2)(b) of this regulation.</text> </paragraph> <paragraph num="(d)"> <text>Under this section, a utility shall use:</text> <paragraph num="(i)"> <text>The values for load losses and no-load losses as determined by the “Uniform Test Method for Measuring the Energy Consumption of Distribution Transformers”, Appendix A to Subpart K of 10 CFR Part 431, as amended, which is incorporated by reference; and</text> </paragraph> <paragraph num="(ii)"> <text>The estimated value of energy and capacity from the most current year available at the time of any bid solicitation.</text> </paragraph> </paragraph> </paragraph> </paragraph> <paragraph num="C."> <text>This regulation does not require a utility to purchase any liquid-immersed distribution transformer that fails to meet federal energy efficiency standards specified in 10 CFR Part 431, as amended, which is incorporated by reference.</text> </paragraph> <paragraph num="D."> <text>Each utility shall keep sufficient records to give evidence of compliance with this regulation.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Public Utilities Article, §§2-113, 2-121, 5-101, 5-303, and 7-213, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: May 22, 1942 (Order No. 38330)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective May 18, 1960 (Order No. 54348)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective June 1, 1965 (Order No. 55819)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02 amended effective January 23, 1981 (8:2 Md. R. 117); March 27, 2006 (33:6 Md. R. 580); June 9, 2008 (35:8 Md. R. 808); September 21, 2009 (36:19 Md. R. 1438); May 28, 2012 (39:10 Md. R. 661); October 8, 2018 (45:20 Md. R. 920); March 20, 2023 (50:5 Md. R. 183); August 21, 2023 (50:16 Md. R. 728)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02K, L amended effective July 7, 2025 (52:13 Md. R. 657)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02M—O adopted effective July 7, 2025 (52:13 Md. R. 657)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04 amended effective April 15, 2002 (29:7 Md. R. 622); May 28, 2012 (39:10 Md. R. 661)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05 adopted effective March 27, 2006 (33:6 Md. R. 580)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05 amended effective June 9, 2008 (35:8 Md. R. 808)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06 adopted effective September 21, 2009 (36:19 Md. R. 1438)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06D adopted effective December 2, 2019 (46:24 Md. R. 1104)</annotation> </annotations> </chapter> <chapter num="03" heading="Records and Reports"> <regulation prefix="Regulation" num=".01" heading="Availability of Records."> <text>All records required by these regulations or necessary for the administration thereof shall be available for examination by the Commission or its authorized representatives.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Retention of Records."> <text>All records required by these regulations shall be preserved for the period of time specified in 18 CFR 125, as amended, which is incorporated by reference, unless otherwise specified by the Commission.</text> </regulation> <regulation prefix="Regulation" num=".03" heading="Tariff."> <text>Each utility shall file with the Commission a copy of its tariff which shall include:</text> <paragraph num="A."> <text>Rates. Each schedule of rates for service together with the applicable riders.</text> </paragraph> <paragraph num="B."> <text>Rules. The utility's rules, or terms and conditions, describing the utility's policies and practices in rendering service. These rules shall include:</text> <paragraph num="(1)"> <text>Extension Plan. The utility's plan for the installation of extensions of main and service lines where these facilities are in excess of those included in the regular rates for service and for which the customer shall be required to pay all or part of the cost. The customer's payments under this plan should be related to the investment that the utility prudently can make in consideration of the probable revenue.</text> </paragraph> <paragraph num="(2)"> <text>Voltages. A list of available voltages.</text> </paragraph> <paragraph num="(3)"> <text>Material Furnished by Utility. A list of the items which the utility furnishes, owns, and maintains on the customer's premises, such as meters, meter sockets, service entrances, etc.</text> </paragraph> <paragraph num="(4)"> <text>Billing Period. A statement indicating the minimum and maximum number of days for which the utility will bill a customer at its regular monthly rates for service.</text> </paragraph> <paragraph num="(5)"> <text>Payment Period. A statement indicating the minimum number of days allowed for payment of the gross amount of the customer's bill before service will be terminated for non-payment.</text> </paragraph> <paragraph num="(6)"> <text>Wastage of Electricity. A general statement of the utility's policy in making adjustments for wastage of electricity when an accidental ground exists without the knowledge of the customer.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Information to Be Filed with the Commission."> <paragraph num="A."> <text>Special Contracts. Each utility shall file with the Commission a copy of each contract for service not covered by the utility's filed tariff.</text> </paragraph> <paragraph num="B."> <text>Installation Rules. Each utility shall file with the Commission a copy of the utility's rules, if any, designed by the utility for the use of engineers, architects, electrical contractors, etc., covering meter and service installations.</text> </paragraph> <paragraph num="C."> <text>Bill Forms. Each utility shall file with the Commission a sample of each type of customer bill form, which shall include the information normally shown on a customer's bill for service.</text> </paragraph> <paragraph num="D."> <text>Map of System. Each utility shall file with the Commission a map showing the utility's operating area. This map shall be revised annually unless the revision is unnecessary, in which event the utility shall notify the Commission that the map on file is current. If practicable, the map should show:</text> <paragraph num="(1)"> <text>Generating stations;</text> </paragraph> <paragraph num="(2)"> <text>Transmission lines with voltages;</text> </paragraph> <paragraph num="(3)"> <text>Primary distribution lines;</text> </paragraph> <paragraph num="(4)"> <text>State boundary crossings; and</text> </paragraph> <paragraph num="(5)"> <text>Territorial boundary.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Persons to Contact. Each utility shall notify Commission staff, within 30 days of a change, of the name, title, address, telephone number, and email address of the person who should be contacted in connection with:</text> <paragraph num="(1)"> <text>General electric distribution management duties;</text> </paragraph> <paragraph num="(2)"> <text>Customer relations (complaints);</text> </paragraph> <paragraph num="(3)"> <text>Electric distribution operations;</text> </paragraph> <paragraph num="(4)"> <text>Electric distribution planning;</text> </paragraph> <paragraph num="(5)"> <text>Meter tests and repairs;</text> </paragraph> <paragraph num="(6)"> <text>Emergencies during non-office hours;</text> </paragraph> <paragraph num="(7)"> <text>Cybersecurity; and</text> </paragraph> <paragraph num="(8)"> <text>Regulatory contact for general inquiries.</text> </paragraph> </paragraph> <paragraph num="F."> <text>Fatal Accident Notice. In the event of a fatal accident, prompt notice shall be given to the Commission by telephone or email.</text> </paragraph> <paragraph num="G."> <text>Accident Notice. Each utility shall file with the Commission an “Accident Notice” report, on forms provided by the Commission, within 30 days after the end of any month during which an accident occurred.</text> </paragraph> <paragraph num="H."> <text>Line Support Identification. Each.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Public Utilities Article, §§2-121, 4-202, 5-101, 5-302, and 6-203—6-210; State Government Article, §7-207(a); Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: May 22, 1942 (Order No. 38330)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective May 18, 1960 (Order No. 54348)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective June 1, 1965 (Order No. 55819)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02 amended effective January 1, 1972 (Order No. 59734); March 12, 2007 (34:5 Md. R. 561)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04 amended effective September 21, 2009 (36:19 Md. R. 1438); December 2, 2019 (46:24 Md. R. 1104); August 21, 2023 (50:16 Md. R. 728)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04H amended effective September 18, 1989 (16:18 Md. R. 2024)</annotation> </annotations> </chapter> <chapter num="04" heading="Customer Relations"> <regulation prefix="Regulation" num=".01" heading="Information for Customers."> <paragraph num="A."> <text>System Maps or Records. Each utility shall maintain up-to-date maps, plans, or records of its entire transmission and distribution system, with such other information as may be necessary to enable the utility to advise prospective customers, and others entitled to the information, as to the facilities available for serving a locality.</text> </paragraph> <paragraph num="B."> <text>Selecting Rate Schedule. Each utility shall assist the customer or prospective customer in selecting the most economical rate schedule.</text> </paragraph> <paragraph num="C."> <text>Notifying Customers. Each utility shall notify customers affected by a change in rates or schedule classification.</text> </paragraph> <paragraph num="D."> <text>Tariff Notice.</text> <paragraph num="(1)"> <text>A utility shall post a notice in a conspicuous place in each office of the utility where applications for service are received, informing the public that a copy of its tariff, as filed with the Commission, is available for inspection.</text> </paragraph> <paragraph num="(2)"> <text>A utility shall post its tariff and pending tariff changes on its website.</text> </paragraph> <paragraph num="(3)"> <text>After Commission acceptance of a tariff change, a utility shall update the tariff posted on its website not later than 3 business days after the date of acceptance.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Meter Reading Instruction. Upon request, each utility shall inform its customers as to the method of reading meters.</text> </paragraph> <paragraph num="F."> <text>Other Information. Each utility shall furnish such additional information as the customer may reasonably request.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".01-1" heading="Application for Service."> <paragraph num="A."> <text>A utility may accept either written or verbal applications for service. Each verbal application for service shall be promptly confirmed in writing by the utility. A utility may require an applicant to sign and return a copy of the written confirmation. The application shall include the:</text> <paragraph num="(1)"> <text>Name, address, home and work telephone numbers, and employer of the customer of record;</text> </paragraph> <paragraph num="(2)"> <text>Address of the premises for which electric service is requested;</text> </paragraph> <paragraph num="(3)"> <text>Mailing address and telephone number of the customer of record if he is not an occupant of the premises for which service is requested; and</text> </paragraph> <paragraph num="(4)"> <text>Customer of record's former electric service address and the date customer moved, if applicable.</text> </paragraph> </paragraph> <paragraph num="B."> <text>A utility may require an applicant to sign and return a copy of the written confirmation before providing service.</text> </paragraph> <paragraph num="C."> <text>Upon request of the applicant, an electric utility shall accept more than one individual customer name on applications for service. All persons named on an account shall be customers of record.</text> </paragraph> <paragraph num="D."> <text>When the name of the person applying for service is different from the name of the applicant, when more than one name is to be on an account, or when there is a reasonable basis for questioning the authority of a person requesting service in the name of the applicant, the utility may request that the applicant or applicants appear at the utility's designated office, present satisfactory identification, and execute a written application for service.</text> </paragraph> <paragraph num="E."> <text>Customer Identification. A utility may require a customer to provide a written, signed statement attesting to an order, decree, or agreement formalizing a name change, but may not request a copy of the actual order, divorce decree, or separation agreement.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".01-2" heading="Denial of Application for Residential Service."> <paragraph num="A."> <text>Payment of Outstanding Bills.</text> <paragraph num="(1)"> <text>Except as prohibited by State or federal law, a utility may refuse to provide service for a former customer unless the customer has paid, or has made satisfactory arrangements to pay, any outstanding bill, or undisputed portion of a disputed bill, for prior residential service.</text> </paragraph> <paragraph num="(2)"> <text>A utility may not refuse service to a customer for nonpayment of an outstanding bill that is over 7 years old, unless the:</text> <paragraph num="(a)"> <text>Customer signed an agreement to pay the outstanding bill before the expiration of this period; or</text> </paragraph> <paragraph num="(b)"> <text>Outstanding bill is for service obtained by the customer in any manner described in COMAR 20.31.02.03D or COMAR 20.31.02.04A(1)—(4).</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>Refusal to Connect Service. A utility may refuse to connect service if an attempt to secure service is made in any manner described below. If application is made:</text> <paragraph num="(1)"> <text>In a fictitious name;</text> </paragraph> <paragraph num="(2)"> <text>In the name of an individual who is not an occupant of the premises, without disclosure of the individual's actual address;</text> </paragraph> <paragraph num="(3)"> <text>In the name of a third party without disclosing that fact or without bona fide authority from the third party;</text> </paragraph> <paragraph num="(4)"> <text>Without disclosure of a material fact or by misrepresentation of a material fact;</text> </paragraph> <paragraph num="(5)"> <text>For connection of service to a residence where there are co-occupants, if a service account for that dwelling unit was previously maintained in a current co-occupant's name during a period of co-occupancy with the applicant and the co-occupant has failed to pay or make satisfactory arrangements to pay an outstanding bill or undisputed portion of a disputed bill for service at the dwelling unit, the collection of which is not barred under applicable State or federal law;</text> </paragraph> <paragraph num="(6)"> <text>For connection of service to a dwelling unit where there are co-occupants, if the service account of a prior dwelling unit of the applicant was listed in a current co-occupant's name and the co-occupant has failed to pay or to make satisfactory arrangement to pay an outstanding bill or undisputed portion of a disputed bill for service at the prior dwelling unit, the collection of which is not barred under applicable State or federal law; or</text> </paragraph> <paragraph num="(7)"> <text>By an individual for the purpose of assisting another occupant of a dwelling unit to avoid payment of that occupant's prior outstanding bill.</text> </paragraph> </paragraph> <paragraph num="C."> <text>For purposes of §B, “co-occupants” means two or more adults who occupy the same dwelling unit as their primary domicile, or legal residence within the State.</text> </paragraph> <paragraph num="D."> <text>For purposes of this regulation, a utility may provide service conditionally for not more than 30 days after the date of application. If, during this time, a utility discovers that an application has been made in one of the manners enumerated in this regulation, it may disconnect service in accordance with §§E and F.</text> </paragraph> <paragraph num="E."> <text>If a utility denies or disconnects service pursuant to this regulation, the utility shall notify the individual in writing of the reason for the denial or disconnection including the facts or circumstances upon which the utility bases its determination that service should be denied or disconnected.</text> </paragraph> <paragraph num="F."> <text>An individual who disputes the proposed denial or disconnection shall do so in accordance with the provisions of COMAR 20.32.01.</text> </paragraph> <paragraph num="G."> <text>The Commission’s Consumer Affairs Division may direct a utility to connect service, if deemed safe, in a customer’s name during the pendency of an investigation if a utility denies an application for service due to an unpaid arrearage for unauthorized use or tampering with equipment furnished and owned by the utility but does not provide the amount necessary to reconnect service within 3 business days of a filed complaint, provided that the applicant makes a payment to the utility:</text> <paragraph num="(1)"> <text>In an amount that represents 2/12 of the estimated charges for service for the ensuing 12 months; and</text> </paragraph> <paragraph num="(2)"> <text>Of any outstanding prior bill or in accordance with an alternate payment plan as described in COMAR 20.31.01.08 and agreed to by the utility.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Customer Deposits."> <text>Each utility may require from a customer a deposit to be applied against any unpaid balance due the utility for service at the time service is terminated, in accordance with the provisions of Subtitle 30 of this title.</text> </regulation> <regulation prefix="Regulation" num=".03" heading="Bill Forms."> <paragraph num="A."> <text>The bill forms shall show:</text> <paragraph num="(1)"> <text>The readings of all meters used for billing purposes at the end of the period for which the bill is rendered;</text> </paragraph> <paragraph num="(2)"> <text>The meter reading date;</text> </paragraph> <paragraph num="(3)"> <text>The number and kind of units metered;</text> </paragraph> <paragraph num="(4)"> <text>The applicable rate schedule, including any seasonal or time differential in base rates for the billing period in which the differential is applicable, or identification of the applicable rate schedule;</text> </paragraph> <paragraph num="(5)"> <text>Any State or local surcharges;</text> </paragraph> <paragraph num="(6)"> <text>The applicable late payment charge, if any, separately stated or labelled a late payment charge, or a statement that the total amount due includes:</text> <paragraph num="(a)"> <text>A late payment charge,</text> </paragraph> <paragraph num="(b)"> <text>An explanation of the calculation, and</text> </paragraph> <paragraph num="(c)"> <text>The date of applicability of the late payment charge;</text> </paragraph> </paragraph> <paragraph num="(7)"> <text>The total due, including any prior unpaid amount but excluding the current late payment charge;</text> </paragraph> <paragraph num="(8)"> <text>The date by which the customer shall pay the bill in order to avoid a late payment charge;</text> </paragraph> <paragraph num="(9)"> <text>A distinct marking to identify an estimated bill;</text> </paragraph> <paragraph num="(10)"> <text>Information concerning the customer's electricity usage during the same billing period in the prior year;</text> </paragraph> <paragraph num="(11)"> <text>The utility's appropriate business address and telephone number for billing inquiries; and</text> </paragraph> <paragraph num="(12)"> <text>Any conversions from meter reading units to billing units, or any calculations to determine billing units from recording or other devices, and any other factors used in determining the bill.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Rate Schedule. If the actual rates are not shown on the bill form as required in §A(4), the bill shall carry a statement to the effect that the applicable rate schedule, including the actual seasonal, or time differential, the fuel rate and the customer charge will be furnished on request.</text> </paragraph> <paragraph num="C."> <text>The Commission may, for good cause, grant a waiver or exemption from provisions in this regulation. A utility may request a waiver of exemption by filing an application with the Commission which sets forth the facts and reasons for the waiver or exemption.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Billing Records."> <paragraph num="A."> <text>Retention of Records. The utility shall retain customer billing records for the length of time necessary to permit the utility to comply with Regulation .05, of this chapter, but not less than 3 years.</text> </paragraph> <paragraph num="B."> <text>Records For Demand Charge Customers. Records for customers whose billing includes a separate charge for a measured demand shall show:</text> <paragraph num="(1)"> <text>KWH meter reading;</text> </paragraph> <paragraph num="(2)"> <text>KWH consumption;</text> </paragraph> <paragraph num="(3)"> <text>KW meter reading;</text> </paragraph> <paragraph num="(4)"> <text>KW measured demand;</text> </paragraph> <paragraph num="(5)"> <text>KW billing demand;</text> </paragraph> <paragraph num="(6)"> <text>Net amount of the bill.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Adjustment of Bills."> <paragraph num="A."> <text>Fast Meters. Whenever a meter is tested and found to have over-registered more than 2 percent, the utility shall recalculate the bills for service of the last customer of record receiving service through the meter and shall make a refund if the amount of the adjustment exceeds $1. The refund shall be for the period that the customer received service through the meter, but for not more than the periods established below:</text> <paragraph num="(1)"> <text>Known Date of Error. If the date on which the error first developed or occurred can be established, the bills for service shall be recalculated from that time.</text> </paragraph> <paragraph num="(2)"> <text>Unknown Date of Error. If the time at which the error first developed or occurred cannot be established, it shall be assumed that the over-registration existed for a period of 3 years or a period equal to one-half of the time since the meter was last tested, whichever is less.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Slow Meters. Whenever a meter is found to be more than 2 percent slow, the utility may bill the customer one-half of the unbilled error for a period of 12 months, unless the meter has been tested within that 12-month period, in which event the utility may bill the customer one-half the unbilled error for the period since the meter was last tested. If the amount of under-registration is less than $5, the utility may not adjust the bill.</text> </paragraph> <paragraph num="C."> <text>Accuracy Calculation. Billing adjustments due to fast or slow meters shall be calculated on the basis that the meter should be 100 percent accurate. For watthour meters, the average accuracy shall be the arithmetic average of the percentage registration at light load and at heavy load, giving the heavy load registration a weight of 4.</text> </paragraph> <paragraph num="D."> <text>Overcharge—Undercharge Adjustment. When a customer has been overcharged or undercharged for services because of incorrect application of the rate schedule, incorrect calculation of charges, or other similar reasons, the amount of overcharge or undercharge adjustment shall be determined separately during the period of time the discrepancy occurred, in accordance with the following:</text> <paragraph num="(1)"> <text>Overcharge Adjustment. The total overcharge for the period the discrepancy occurred shall be refunded or credited to the customer, except for an overcharge resulting from an incorrect reading of the meter when the amount shall automatically be corrected in a subsequent billing based on the correct meter reading.</text> </paragraph> <paragraph num="(2)"> <text>Undercharge Adjustment.</text> <paragraph num="(a)"> <text>Unless authorized by the Commission, retroactive billing may not be for undercharging which occurred more than 12 months before the discovery of the error. A utility may seek the Commission's authorization for retroactive billing for undercharges which occurred more than 12 months but not more than 3 years before the discovery of the error if the customer knew, or reasonably should have known, that the bills were in error. The utility's request to the Commission shall be in writing and shall explain the factual basis for the request to the customer with a notice of the customer's right to write to the Commission, within 20 days, if the customer is in opposition to the request.</text> </paragraph> <paragraph num="(b)"> <text>If the total undercharge is more than 35 percent of the customer's average monthly bill during the preceding 3 months, the customer shall be allowed to enter into an installment plan to pay the total retroactive billing, without interest. In such a plan the monthly payments against the undercharge may not exceed 35 percent of the customer's average monthly bill during the preceding 3 months. However, if the installment plan will not recover within a 12-month period the total undercharge, the monthly payment may be equal to the total undercharge divided by 12 or a number greater than 12.</text> </paragraph> <paragraph num="(c)"> <text>Unless otherwise authorized by the Commission, the utility may deny service for nonpayment only for that portion of the undercharge applicable to the 4 months immediately before the discovery of the error.</text> </paragraph> </paragraph> </paragraph> <paragraph num="E."> <text>If requested by a customer, a utility shall provide means by which any undercharge may be paid in installments over a reasonable period of time, but not less than the same period in which any undercharges were incurred.</text> </paragraph> <paragraph num="F."> <text>Theft of Service.</text> <paragraph num="(1)"> <text>If a meter is found not to register, in whole or in part, due to tampering or interference with the company’s material, equipment, or facilities, the utility may issue an estimated bill.</text> </paragraph> <paragraph num="(2)"> <text>The company shall retain all information relied on to calculate the estimated bill for not less than 3 years or until the conclusion of a Commission investigation, whichever is longer.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".06—.08" heading="Repealed." /> <regulation prefix="Regulation" num=".09" heading="Customer Wiring."> <text>If local authorities require an inspection of a customer's wiring, the utility may not provide a customer with new or upgraded electric service until the inspecting authority certifies that the wiring conforms to the applicable code.</text> </regulation> <regulation prefix="Regulation" num=".10" heading="Investigation of Complaints."> <text>The utility shall investigate promptly and thoroughly any complaint concerning its charges, practices, facilities, or service.</text> </regulation> <regulation prefix="Regulation" num=".11" heading="Records of Complaints."> <text>The utility shall keep such records of customer complaints as will enable it to review and analyze its procedures and actions as an aid in rendering improved service.</text> </regulation> <annotations> <annotation type="Authority">Public Utility Companies Article, §§2-113, 2-121, 4-202, 5-101, 7-203, and 7-305, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: May 22, 1942 (Order No. 38330)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective May 18, 1960 (Order No. 54348)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective June 1, 1965 (Order No. 55819)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01D amended effective September 21, 2009 (36:19 Md. R. 1438)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01-1 adopted effective November 18, 1985 (12:23 Md. R. 2224); amended effective July 28, 1986 (13:15 Md. R. 1736)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01-2 adopted effective April 21, 1986 (13:8 Md. R. 904); amended effective July 28, 1986 (13:15 Md. R. 1736)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01-2A amended effective May 10, 1993 (20:9 Md. R. 780)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01-2G adopted effective August 29, 2016 (43:17 Md. R. 957)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02 superseded effective May 28, 1970 (Order No. 58089, affecting residential customers) and October 20, 1978 (Order No. 63400, affecting all nonresidential customers)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02 amended effective January 23, 1981 (8:2 Md. R. 117)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 amended effective November 18, 1985 (12:23 Md. R. 2224)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05 amended effective November 18, 1985 (12:23 Md. R. 2224); April 21, 1986 (13:8 Md. R. 904)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05A, B amended effective October 1, 1967 (Order No. 56893)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05F adopted effective August 29, 2016 (43:17 Md. R. 957)</annotation> <annotation type="History" subtype="Administrative History">Regulations .06—.08 repealed effective October 14, 1991 (18:20 Md. R. 2200)</annotation> <annotation type="History" subtype="Administrative History">Regulation .09 amended effective June 2, 1997 (24:11 Md. R. 794)</annotation> </annotations> </chapter> <chapter num="05" heading="Meter Requirements"> <regulation prefix="Regulation" num=".01" heading="Metering of Electricity."> <paragraph num="A."> <text>Customer Use. All electricity sold by a utility shall be on the basis of meter measurement, except for installations where the usage is constant and the consumption may readily be computed, or as provided for in its filed rates.</text> </paragraph> <paragraph num="B."> <text>Utility Use. Wherever practicable, consumption of electricity within the utility itself, or by administrative units associated with it, shall be metered, except for installations where the usage is constant and the consumption may readily be computed.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Metering Installation."> <paragraph num="A."> <text>Condition. A meter may not be installed if it is mechanically or electrically defective, has incorrect constants, or has not been tested in accordance with the requirements of COMAR 20.50.02.02.</text> </paragraph> <paragraph num="B."> <text>Capacity. The capacity of the metering installation and the index mechanism should be consistent with the electrical requirements of the customer.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Meter Multiplier."> <text>If it is necessary to apply a multiplier to a meter reading, the multiplier shall be marked on the face of the meter register.</text> </regulation> <regulation prefix="Regulation" num=".04" heading="Demand Meter Registration."> <text>Demand meter installations for billing purposes should be designed, where practicable, so that the highest annual demand reading used for billing should appear in the upper half of the meter's range.</text> </regulation> <regulation prefix="Regulation" num=".05" heading="Meter Reading Interval."> <text>Meters shall be read at approximate monthly intervals, unless otherwise authorized by the Commission.</text> </regulation> <regulation prefix="Regulation" num=".06" heading="Meter Reading Records."> <text>The meter reading records from which bills are prepared shall show:</text> <paragraph num="A."> <text>Customer's name, address, and rate schedule;</text> </paragraph> <paragraph num="B."> <text>Identifying number or description of the meter;</text> </paragraph> <paragraph num="C."> <text>Meter readings;</text> </paragraph> <paragraph num="D."> <text>Date of meter reading;</text> </paragraph> <paragraph num="E."> <text>If the reading has been estimated;</text> </paragraph> <paragraph num="F."> <text>Any applicable multiplier or constant.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Inventory Records."> <text>Each utility shall maintain records of each meter and associated metering device which will identify each item as to its design, capacity, and application. The identifying information may include, as applicable: manufacturer, number, type, voltage, amperes, phase, number of wires, number of stators, disk constant (Kh), demand interval, and ratio.</text> </regulation> <regulation prefix="Regulation" num=".08" heading="History Records."> <text>Each utility shall maintain records for each meter and associated metering device which shall show the dates of installation and removal from service, together with the location.</text> </regulation> <regulation prefix="Regulation" num=".09" heading="Test Records."> <text>Each utility shall maintain test records for each meter which shall include the following:</text> <paragraph num="A."> <text>The date and reason for the test;</text> </paragraph> <paragraph num="B."> <text>The reading of the meter before making the test;</text> </paragraph> <paragraph num="C."> <text>The accuracy “as found” at light and heavy loads; and</text> </paragraph> <paragraph num="D."> <text>The accuracy “as left” at light and heavy loads.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Public Utility Companies Article, §§2-121, 5-101, 7-301, and 7-302, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: May 22, 1942 (Order No. 38330)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective May 18, 1960 (Order No. 54348)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective June 1, 1965 (Order No. 55819)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02A amended effective June 2, 1997 (24:11 Md. R. 795)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06 amended effective June 2, 1997 (24:11 Md. R. 795)</annotation> </annotations> </chapter> <chapter num="06" heading="Inspections and Tests"> <regulation prefix="Regulation" num=".01" heading="Meter Shop."> <paragraph num="A."> <text>Meter Shop.</text> <paragraph num="(1)"> <text>A utility shall maintain its own meter shop or use an outside meter shop, including one operated by a meter manufacturer, for testing, inspecting, or repairing a meter.</text> </paragraph> <paragraph num="(2)"> <text>A meter shop used by a utility for testing, inspecting, or repairing meters shall be approved by the Commission and be open for inspection upon request by an authorized representative of the Commission during normal business hours.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Available Voltage. Each meter shop shall have a 3-phase voltage supply, one phase of which shall be variable from 0 volts to not less than 270 volts.</text> </paragraph> <paragraph num="C."> <text>Test Table. Each meter shop shall have a test table, test bench, or other facility which will serve as a mounting for the meter test equipment and for the meter or meters under test.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Standard Watt-Hour Meters."> <paragraph num="A."> <text>Requirements. Each utility shall have the following standard watt-hour meters for the purposes indicated:</text> <paragraph num="(1)"> <text>Secondary Standard. Each utility shall have at least one portable secondary standard watt-hour meter to be used to check the accuracy of the working standard watt-hour meters.</text> </paragraph> <paragraph num="(2)"> <text>Working Standard. Each utility shall have at least one portable working standard watt-hour meter to be used to check the accuracy of watt-hour meters.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Accuracy. Each portable secondary and working standard watt-hour meter shall have a correction of not more than 0.5 percent at commonly used loads. If the correction percentage varies between successive tests by more than 0.25, a complete check shall be made to determine the cause of the variation. If the cause of variation cannot be corrected, the use of the instrument should be discontinued.</text> </paragraph> <paragraph num="C."> <text>Calibration. The accuracy of the standard watt-hour meters shall be checked as indicated below:</text> <paragraph num="(1)"> <text>Secondary Standards. Secondary standards shall be checked at intervals not exceeding 12 months at the National Institute of Standards and Technology (NIST) or at a laboratory acceptable to the Commission.</text> </paragraph> <paragraph num="(2)"> <text>Working Standards. Working standards shall be checked at intervals not to exceed 12 months by comparison with a secondary standard in the utility's meter shop or other meter shop approved by the Commission.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Certificates. Each standard shall be accompanied at all times by a certificate or calibration card, duly signed and dated, on which are recorded the corrections required to compensate for errors found at the customary test points at the time of the last previous test.</text> </paragraph> <paragraph num="E."> <text>Care In Handling. Extreme care shall be exercised in the use and handling of standards to assure that their accuracy is not disturbed.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Test Procedures and Accuracies."> <paragraph num="A."> <text>Procedure. The following procedures shall apply to the testing and adjusting of meters and associated devices:</text> <paragraph num="(1)"> <text>General. The test of any unit of metering equipment shall consist of a comparison of its accuracy with the accuracy of a standard.</text> </paragraph> <paragraph num="(2)"> <text>Adjusted to Zero. All meters and associated devices, when tested, shall be adjusted as closely as practicable to the condition of zero error.</text> </paragraph> <paragraph num="(3)"> <text>Use of Tolerances. All tolerances are to be interpreted as maximum permissible variations from the condition of zero error. In making adjustments, no advantage of the prescribed tolerance limits shall be taken.</text> </paragraph> <paragraph num="(4)"> <text>Creep. Meters may not creep, that is, there shall be no continuous rotation of the moving element of a meter at a speed in excess of one revolution in 5 minutes when the meter load wires have been removed and voltage is applied to the potential elements of the meter.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Watt-Hour Meters. Watt-hour meters shall be tested at the loads and adjusted to the tolerances prescribed below:</text> <paragraph num="(1)"> <text>Shop Tests.</text> </paragraph> <paragraph num="(2)"> <text>Field Tests.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Block Interval Demand Meters. Block interval demand meters shall be tested and adjusted as prescribed below:</text> <paragraph num="(1)"> <text>Test of Indicating Type. Demand meters shall be tested at a load point not less than 50 percent of full scale. However, they may be tested at a lower scale point if conditions warrant. Tests shall be continuous for at least one demand interval, or subinterval in the case of programmable demand register-equipped meters, and shall be started simultaneously with the demand interval of the demand meter.</text> </paragraph> <paragraph num="(2)"> <text>Test of Pulse-Operated Type. Demand meters which are actuated by pulses shall be tested by transmitting enough pulses to cause the meter to register at a load point not less than 50 percent of full scale. If a pulse actuated demand meter is equipped with a device which records the number of pulses received by the meter, and if there is frequent and accurate comparison of the record with the number of kilowatt hours registered on the associated watt-hour meter, then it is not necessary to make a periodic field test of the demand meter.</text> </paragraph> <paragraph num="(3)"> <text>Check of Pulse Devices. Pulse devices associated with demand meters shall be checked for proper operation.</text> </paragraph> <paragraph num="(4)"> <text>Accuracy. The demand meter shall have an accuracy of within 1 percent of full scale.</text> </paragraph> <paragraph num="(5)"> <text>Time Interval Accuracy. The total time interval, including reset time, shall be accurate within 0.5 percent, except that when a timing element also serves to keep a record of the time of day at which the demand occurs, it shall be adjusted if it is found to be in error by more than 2 minutes per day.</text> </paragraph> <paragraph num="(6)"> <text>Adjusted to Zero. Demand meters shall be adjusted to indicate zero under no-load conditions, and shall be checked to ascertain that the meter resets to zero.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Lagged-Demand Meters. Lagged-demand meters shall be tested and adjusted as prescribed below:</text> <paragraph num="(1)"> <text>Test Points. Lagged-demand meters shall be tested initially at 50 and 90 percent of full scale. Subsequent tests shall be at not less than 50 percent of full scale.</text> </paragraph> <paragraph num="(2)"> <text>Accuracy. The lagged-demand meter shall have an accuracy within 2 percent of full scale.</text> </paragraph> <paragraph num="(3)"> <text>Time Interval Accuracy. The interval rating of lagged-demand meters shall be checked before installation, and the time required for the demand meter to reach 90 percent of final indication, with a constant load suddenly applied, may not vary from the rated demand interval by more than 2 percent.</text> </paragraph> <paragraph num="(4)"> <text>Adjusted to Zero. Lagged-demand meters shall be adjusted to indicate zero under no-load conditions.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Instrument Transformers. The following procedures and requirements shall apply to instrument transformers used for billing purposes:</text> <paragraph num="(1)"> <text>Standard for Testing. Unless otherwise specified by the Commission, all current and potential transformers shall be tested in accordance with the procedures prescribed in American Standard Requirements, Terminology and Test Code for Instrument Transformers, ANSI C57.13.</text> </paragraph> <paragraph num="(2)"> <text>Test Facilities. Any utility unable to perform the above test due to a lack of proper equipment may have its instrument transformers tested by another utility or approved meter shop whose testing equipment conforms to the requirements of the Commission.</text> </paragraph> <paragraph num="(3)"> <text>Test. In lieu of utility testing of instrument transformers, the Commission will accept the certificate of test as furnished by the manufacturer.</text> </paragraph> <paragraph num="(4)"> <text>Accuracy. Current or potential transformers may not be installed if their accuracy does not fall within the 0.6 accuracy class as defined in ANSI C57.13.</text> </paragraph> </paragraph> <paragraph num="F."> <text>Meters For Measurement of Purchased Electricity. Utilities purchasing electricity from non-utilities or from utilities outside the State shall see that the instruments and meters which are necessary to furnish complete and accurate information as to the energy purchased are installed and tested in accordance with the requirements of the Commission.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Preinstallation Inspections and Tests."> <paragraph num="A."> <text>Authorization by Commission. A meter may be installed for use for revenue-billing purposes if it meets the following conditions:</text> <paragraph num="(1)"> <text>Approved Type. Its type and design meet the requirements of COMAR 20.50.02.02.</text> </paragraph> <paragraph num="(2)"> <text>Accuracy. The registration of the meter is within the tolerances specified in Regulation .03 of this chapter. A representative of the Commission will check the condition of meters in the meter shop of the utility from time to time by testing random samples of meters ready for installation.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Test Required. Each meter and associated metering device shall be inspected and tested in the meter shop of the utility, or sample tested by the utility if 100 percent tested by the manufacturer, before being placed in service, except for instrument transformers tested in accordance with Regulation .03E(3) of this chapter.</text> </paragraph> <paragraph num="C."> <text>Reinstallation. When a meter is removed from service, it shall be adjusted if necessary in order to conform to the accuracy tolerances specified in Regulation .03 of this chapter before being placed in service again. However, it may be retired without test or returned to service without being tested if it is covered by an in-service sample or periodic test plan.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Post-Installation Inspections."> <text>Post-installation inspections on new or upgraded service installations which incorporate instrument transformers to determine proper operation and wiring connections shall be made within 60 days after installation by a qualified person who shall be someone other than the original installer.</text> </regulation> <regulation prefix="Regulation" num=".06" heading="Request Tests."> <paragraph num="A."> <text>Request For Test.</text> <paragraph num="(1)"> <text>Upon request by a customer and at no charge, the utility shall test the accuracy of the meter serving the customer.</text> </paragraph> <paragraph num="(2)"> <text>A utility may not perform a customer-requested meter test more than once during an 18-month period.</text> </paragraph> <paragraph num="(3)"> <text>A customer-requested test may be performed at:</text> <paragraph num="(a)"> <text>The metering location;</text> </paragraph> <paragraph num="(b)"> <text>The utility's meter shop; or</text> </paragraph> <paragraph num="(c)"> <text>An approved meter shop.</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>Customer May Observe. The customer, or his representative, may be present when the meter is tested.</text> </paragraph> <paragraph num="C."> <text>Report to Customer. A report of the results of the test shall be made to the customer within a reasonable time after the completion of the test, and a record of the report, together with a complete record of the test, shall be kept on file at the office of the utility for at least 3 years.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Referee Tests."> <paragraph num="A."> <text>Application for Test. Upon written application to the Commission by a customer or a utility, a test will be made of the customer's meter as soon as practicable by a representative of the Commission.</text> </paragraph> <paragraph num="B."> <text>Deposit for Test. The application shall be accompanied by a deposit as indicated below:</text> <paragraph num="(1)"> <text>Watt-hour meter --------------------------------------------- $10;</text> </paragraph> <paragraph num="(2)"> <text>Combination watt-hour and demand meter -------------- $20.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Notice to Utility. On receipt of the request from a customer, the Commission will notify the utility and the utility may not knowingly remove or adjust the meter until instructed by the Commission. The utility shall furnish to the Commission's representative such reasonable assistance as may be required to make the test.</text> </paragraph> <paragraph num="D."> <text>Customer May Observe. The customer, or his representative, may be present when the meter is tested.</text> </paragraph> <paragraph num="E."> <text>Report to Customer. A written report of the results of the test will be sent to the customer and to the utility.</text> </paragraph> <paragraph num="F."> <text>Disposition of Deposit. If the meter is found to over-register more than 2 percent, calculated in accordance with COMAR 20.50.04.05C, the deposit shall be refunded by the Commission and the utility billed the amount of the deposit. If the meter is found to be not more than 2 percent fast, the deposit will be retained and disposed of according to law.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="As Found Tests."> <text>Each meter shall be tested before the meter is adjusted or repaired.</text> </regulation> <regulation prefix="Regulation" num=".09" heading="In-Service Performance Tests."> <paragraph num="A."> <text>Test Program. In-service performance tests shall be made in accordance with the requirements of COMAR 20.50.02.02.</text> </paragraph> <paragraph num="B."> <text>Location of Tests. In-service performance tests may be made on the customer's premises, in the utility's meter shop, or in an approved meter shop.</text> </paragraph> <paragraph num="C."> <text>Tests for Other Purposes. Tests, such as request or referee tests, which are made for purposes other than to determine the in-service performance of a group of meters, may not be counted as in-service performance tests, except for those groups of meters being tested under the Periodic Test Schedule.</text> </paragraph> <paragraph num="D."> <text>Periodic Test Schedule. Periodic tests shall be scheduled in accordance with the requirements of COMAR 20.50.02.02.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".10" heading="Instrument Transformer Tests."> <paragraph num="A."> <text>Preinstallation Test. All instrument transformers used for billing purposes shall conform to the requirements of Regulation .03E of this chapter before being placed in service.</text> </paragraph> <paragraph num="B."> <text>Current Transformers. Current transformers should be tested with a suitable variable burden device to determine if the windings of the secondary circuit have developed an open circuit, short circuit, or unwanted grounds.</text> </paragraph> <paragraph num="C."> <text>Potential Transformers. Potential transformers should be tested by measuring the secondary voltage to reveal defects in the transformer or secondary circuit which appreciably affect accuracies.</text> </paragraph> <paragraph num="D."> <text>Performance Test. If there is any evidence that an instrument transformer is inaccurate or has been damaged to the extent that its performance has been impaired, it shall be tested to determine whether it should be replaced.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".11" heading="Generating Station Meter Tests."> <text>Generator output watt meters and watt-hour meters in the utility's generating station shall be tested according to a suitable schedule by comparison with the utility's standards but may not exceed the appropriate test intervals as required under COMAR 20.50.02.02.</text> </regulation> <annotations> <annotation type="Authority">Public Utilities Article, §§2-121, 5-101, 7-301, and 7-302, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: May 22, 1942 (Order No. 38330)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective May 18, 1960 (Order No. 54348)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective June 1, 1965 (Order No. 55819)</annotation> <annotation type="History" subtype="Administrative History">Regulations .04A and .07F amended effective October 1, 1967 (Order No. 56893)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04 amended effective January 23, 1981 (8:2 Md. R. 117)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07B amended effective September 2, 1991 (18:17 Md. R. 1921)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective June 2, 1997 (24:11 Md. R. 795)</annotation> </annotations> </chapter> <chapter num="07" heading="Quality of Service"> <regulation prefix="Regulation" num=".01" heading="Standard Frequency."> <text>The standard frequency for alternating current distribution systems shall be either 60 cycles per second or 25 cycles per second.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Voltage Limits."> <paragraph num="A."> <text>Secondary Voltages. The voltage at the utility's service terminals, as installed for each customer, shall be maintained within the Limits specified in the table below. If a utility adopts any standard voltage not included in the table, it shall advise the Commission in order that the Commission may establish appropriate voltage limits. When 3-phase service is provided, the utility shall exercise reasonable care to assure that the phase voltages are balanced.</text> </paragraph> <paragraph num="B."> <text>Primary Voltages. The following limits shall apply where the utility supplies service at primary voltage:</text> <paragraph num="(1)"> <text>Industrial Customers. For service rendered principally for industrial or power purposes, the voltage may not exceed 7-1/2 percent above or 7-1/2 percent below the standard nominal voltages as filed in the utility's rules.</text> </paragraph> <paragraph num="(2)"> <text>Sales For Resale. For service rendered to public utilities and others for resale, the nominal voltage shall be as mutually agreed upon by the parties concerned. The allowable voltage may not exceed 7-1/2 percent above or 7-1/2 percent below the agreed upon nominal voltage without the express approval of the Commission.</text> </paragraph> <paragraph num="(3)"> <text>Special Contract Exceptions. The limitations in §§B(1) and B(2), of this regulation, do not apply to special contracts in which the customer specifically agrees to accept service with unregulated voltage.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Exceptions to Voltage Requirements. It will not be considered a violation when voltages outside of the prescribed limits are caused by any of the following:</text> <paragraph num="(1)"> <text>Action of the elements;</text> </paragraph> <paragraph num="(2)"> <text>Service interruptions;</text> </paragraph> <paragraph num="(3)"> <text>Temporary separation of parts of the system from the main system;</text> </paragraph> <paragraph num="(4)"> <text>Infrequent fluctuations not exceeding 5 minutes' duration; or</text> </paragraph> <paragraph num="(5)"> <text>Other causes beyond the control of the utility.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Voltmeters."> <paragraph num="A."> <text>Requirements. Each utility shall have the following voltmeters for the purposes indicated:</text> <paragraph num="(1)"> <text>Secondary Standard. Each utility shall have at least one secondary standard indicating voltmeter to be used in checking the accuracy of working standard voltmeters.</text> </paragraph> <paragraph num="(2)"> <text>Working Standards. Each utility shall have at least two working standard indicating voltmeters to be used in checking the voltage on the utility's electric system and in checking the accuracy of recording voltmeters.</text> </paragraph> <paragraph num="(3)"> <text>Recording Voltmeters. Each utility shall have at least two portable recording voltmeters to be used to record the voltage on the utility's electric system.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Accuracy. The voltmeters shall be of sufficient quality to meet the accuracy standards prescribed below:</text> <paragraph num="(1)"> <text>Secondary Standard. The secondary standard indicating voltmeter shall have a stated accuracy within 0.25 percent of full scale. This instrument shall be maintained within its stated accuracy.</text> </paragraph> <paragraph num="(2)"> <text>Working Standards. The working standard indicating voltmeters shall have a stated accuracy within 0.75 percent of full scale.</text> </paragraph> <paragraph num="(3)"> <text>Recording Voltmeters. The portable recording voltmeters shall have a stated accuracy within 1.5 percent of full scale.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Calibration. The accuracy of the voltmeters shall be checked as indicated below:</text> <paragraph num="(1)"> <text>Secondary Standard. Secondary standards shall be checked at intervals not exceeding 3 years at the National Bureau of Standards, or at a laboratory acceptable to the Commission.</text> </paragraph> <paragraph num="(2)"> <text>Working Standards. Working standards shall be checked at intervals not exceeding 3 years by comparison with a secondary standard in the utility's meter shop.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Certificates. Each standard shall be accompanied at all times by a certificate or calibration card, duly signed and dated, on which are recorded the corrections required to compensate for errors found at the customary test points at the time of the last calibration test.</text> </paragraph> <paragraph num="E."> <text>Care In Handling. Extreme care shall be exercised in the handling of standards and other instruments to assure that their accuracy is not disturbed.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Voltage Surveys and Records."> <paragraph num="A."> <text>Voltage Surveys. Each utility shall make voltage measurements, using recording voltmeters, in order to determine if voltages are in compliance with the requirements contained in Regulation .02.</text> </paragraph> <paragraph num="B."> <text>Point of Measurement. Voltage measurements shall be made at the utility's service terminals. For single phase service, the measurement shall be made between the grounded conductor and the ungrounded conductors. For 3 phase service, the measurement shall be made between the phase wires.</text> </paragraph> <paragraph num="C."> <text>Voltage Records. All voltmeter records obtained under §A, above, shall be retained by the utility for at least 2 years and shall be available for inspection by the Commission's representatives. Notations on each chart shall indicate the following:</text> <paragraph num="(1)"> <text>Location where the voltage was taken;</text> </paragraph> <paragraph num="(2)"> <text>Time and date of the test;</text> </paragraph> <paragraph num="(3)"> <text>Results of the comparison of the recording voltmeter with an indicating voltmeter.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Record of Corrective Action. If action is taken to correct the voltage conditions, the chart which records the voltage subsequent to the change shall be attached to the first chart so that the conditions before and after the change may be reviewed.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Interruption of Service."> <paragraph num="A."> <text>Endeavor to Avoid Interruptions. Each utility shall make reasonable efforts to avoid interruptions of service, but when interruptions occur, service shall be re-established within the shortest time practicable, consistent with safety.</text> </paragraph> <paragraph num="B."> <text>Report to Commission.</text> <paragraph num="(1)"> <text>Each utility shall promptly report to the Commission's Engineering Division and Consumer Affairs Division:</text> <paragraph num="(a)"> <text>The onset of a major outage event;</text> </paragraph> <paragraph num="(b)"> <text>A sustained interruption, to firm-service customers, initiated by the utility in response to unacceptable system voltages; and</text> </paragraph> <paragraph num="(c)"> <text>A sustained interruption, to firm-service customers, initiated by the utility in response to thermal overloads of electric plant.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>The utility's report required by §B(1) of this regulation shall include a general description of the areas experiencing a sustained interruption and the expected system restoration times, if available.</text> </paragraph> <paragraph num="(3)"> <text>The utility making the report required by §B(1) of this regulation shall also provide periodic updates to the Consumer Affairs Division.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Planned Interruptions. Planned interruptions shall be made at a time that will not cause unreasonable inconvenience to customers and shall be preceded, if feasible, by adequate notice to those who will be affected.</text> </paragraph> <paragraph num="D."> <text>Record of Interruptions. Each utility shall keep records of interruptions of service on its primary distribution system and shall make an analysis of the records for the purpose of determining steps to be taken to prevent recurrence of the interruptions. The records should include the following information concerning the interruptions:</text> <paragraph num="(1)"> <text>Cause;</text> </paragraph> <paragraph num="(2)"> <text>Date and time; and</text> </paragraph> <paragraph num="(3)"> <text>Duration.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Momentary Interruption Record. A utility shall maintain information which it collects on momentary interruptions for 5 years.</text> </paragraph> <paragraph num="F."> <text>Unattended Substations. The record for each unattended substation shall show interruptions which required attention to restore service, with the estimated time of interruption.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Public Utilities Article, §§2-121, 5-101, and 5-303, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: May 22, 1942 (Order No. 38330)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective May 18, 1960 (Order No. 54348)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective June 1, 1965 (Order No. 55819)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03C amended effective June 6, 2005 (32:11 Md. R. 983)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05 amended effective April 15, 2002 (29:7 Md. R. 622)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05B amended effective May 28, 2012 (39:10 Md. R. 661)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06 adopted effective April 15, 2002 (29:7 Md. R. 622)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06 repealed effective May 28, 2012 (39:10 Md. R. 661)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07 adopted effective April 15, 2002 (29:7 Md. R. 622)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07 repealed effective May 28, 2012 (39:10 Md. R. 661)</annotation> </annotations> </chapter> <chapter num="08" heading="Safety"> <regulation prefix="Regulation" num=".01" heading="Protective Measures."> <paragraph num="A."> <text>Exercise Reasonable Care. Each utility shall exercise reasonable care to reduce the hazards to which its employees, its customers, and the general public may be subjected.</text> </paragraph> <paragraph num="B."> <text>Investigation by Commission. The utility shall give reasonable assistance to the Commission in the investigation of the cause of accidents and in the determination of suitable means of preventing accidents.</text> </paragraph> <paragraph num="C."> <text>Record of Accidents. Each utility shall maintain a summary of all reportable accidents arising from its operations.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Safety Program."> <paragraph num="A."> <text>Adopt Safety Program. Each utility shall adopt and execute a safety program, fitted to the size and type of its operations.</text> </paragraph> <paragraph num="B."> <text>Use Suitable Tools and Equipment. Each utility should require its employees to use suitable tools and equipment in order that they may perform their work in a safe manner.</text> </paragraph> <paragraph num="C."> <text>Promote Safe Work Methods. Each utility should instruct its employees in safe methods of performing their work.</text> </paragraph> <paragraph num="D."> <text>Instruct In Artificial Respiration. Each utility should instruct its employees who, in the course of their work, are subject to the hazard of electrical shock or drowning, in accepted methods of artificial respiration.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Grounding of Secondary Distribution System."> <paragraph num="A."> <text>Standard Codes. Each utility shall use the applicable provisions in the National Electrical Safety Code and the National Electrical Code, which have been incorporated by reference in COMAR 20.50.02.02, for the grounding of secondary circuits and equipment.</text> </paragraph> <paragraph num="B."> <text>Testing Grounds. Artificial grounds not connected to a multigrounded system shall be tested for ground resistance at the time of installation.</text> </paragraph> <paragraph num="C."> <text>Records of Tests. Records shall be kept of all ground resistance tests made in accordance with §B, above.</text> </paragraph> <paragraph num="D."> <text>Inspection of Grounds. The utility shall establish a program of inspection to insure that artificial grounds are in good mechanical and electrical condition.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">State Government Article, §7-207; Public Utilities Article, §§2-113, 2-121, 5-101, 5-303, and 5-304; Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: May 22, 1942 (Order No. 38330)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective May 18, 1960 (Order No. 54348)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective June 1, 1965 (Order No. 55819)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03A amended effective March 12, 2007 (34:5 Md. R. 562)</annotation> </annotations> </chapter> <chapter num="09" heading="Small Generator Facility Interconnection Standards"> <regulation prefix="Regulation" num=".01" heading="Scope."> <paragraph num="A."> <text>This chapter applies to a small generator facility seeking to interconnect and operate in parallel with the electric distribution system. All small generator facilities shall interconnect under requirements in this chapter or under the physical interconnection requirements of the PJM Interconnection, LLC under the authority of FERC.</text> </paragraph> <paragraph num="B."> <text>A small generator facility seeking to interconnect and operate in parallel with the electric distribution system under this chapter shall meet one of the following criteria:</text> <paragraph num="(1)"> <text>The small generator facility is a qualifying facility pursuant to the Public Utility Regulatory Policies Act that intends to make sales at a rate approved by the Maryland Commission;</text> </paragraph> <paragraph num="(2)"> <text>The small generator facility is not a qualifying facility pursuant to the Public Utility Regulatory Policies Act and does not intend to make sales of wholesale electric energy through the PJM Interconnection, LLC;</text> </paragraph> <paragraph num="(3)"> <text>The small generator facility intends to make sales of wholesale electric energy through the PJM Interconnection, LLC at an electric distribution interconnection facility where there has been no prior FERC jurisdictional service;</text> </paragraph> <paragraph num="(4)"> <text>The small generator facility intends to make sales of wholesale electric energy through the PJM Interconnection, LLC only at an electric distribution interconnection facility through participation in a distributed energy resource aggregation; or</text> </paragraph> <paragraph num="(5)"> <text>The small generator facility will be interconnected to an electric distribution circuit and its energy will not be transmitted across state lines for a wholesale customer other than the electric distribution owner.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Market processes under FERC jurisdiction that are administered by the PJM Interconnection, LLC may not impede the interconnection timeline requirements in this chapter unless the utility has good cause to believe that equipment upgrades exceeding minor equipment modifications and related modifications to the interconnection agreement will be needed to facilitate these market processes. In these cases, the utility shall notify the interconnection customer in writing of their rationale to delay approval of the interconnection request until the conclusion of the PJM Interconnection, LLC's market process study.</text> </paragraph> <paragraph num="D."> <text>In situations where an interconnected small generator facility project intends to change their energy sales strategy from market processes under FERC jurisdiction to retail processes under this chapter, the small generator facility shall submit an interconnection request.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“AC EVSE” means supply equipment that passes alternating current to the EV with conversion between AC and DC accomplished onboard the EV.</text> </paragraph> <paragraph num="(2)"> <text>“Adverse system impact” means a negative effect, due to technical or operational limits on conductors or equipment being exceeded, that may compromise the safety or reliability of the electric distribution system.</text> </paragraph> <paragraph num="(3)"> <text>“Affected system” means a utility electric system that is affected by the interconnection of a small generator facility to another utility’s electric distribution system.</text> </paragraph> <paragraph num="(4)"> <text>“Aggregate generation” means the aggregated net system capacities of all small generator facilities across multiple points of common coupling.</text> </paragraph> <paragraph num="(5)"> <text>“Applicant” means a person who has submitted an interconnection request to interconnect a small generator facility to a utility's electric distribution system.</text> </paragraph> <paragraph num="(6)"> <text>“Area network” means a type of electric distribution system served by multiple transformers interconnected in an electrical network circuit, often used in large, densely populated metropolitan areas.</text> </paragraph> <paragraph num="(7)"> <text>“Bidirectional electric vehicle” has the meaning stated in Public Utilities Article, §7-1001(c), Annotated Code of Maryland.</text> </paragraph> <paragraph num="(8)"> <text>“Certificate of completion” means a certificate provided by a utility to an applicant containing information about the interconnection equipment used, its installation, and local inspections.</text> </paragraph> <paragraph num="(9)"> <text>“Closed circuit” means an electric distribution system circuit with no available hosting capacity.</text> </paragraph> <paragraph num="(10)"> <text>“Commissioning test” means one of several tests applied to a small generator facility by the applicant after construction is completed to verify that the small generator facility does not create adverse system impacts, including the test specified in Section 5.4 of IEEE Standard 1547.</text> </paragraph> <paragraph num="(11)"> <text>“DC EVSE” means supply equipment that passes direct current to or from the EV, with the EVSE accomplishing conversion between AC and DC.</text> </paragraph> <paragraph num="(12)"> <text>“Default utility required inverter settings profile” means a utility set of default smart inverter settings optimized for use across a utility’s service territory.</text> </paragraph> <paragraph num="(13)"> <text>“Distributed energy resource” means any geographically dispersed energy resource located on an electric distribution system that produces electricity or offsets electrical demand including small generator facilities, energy storage devices, energy efficiency devices, and demand response devices.</text> </paragraph> <paragraph num="(14)"> <text>“Distribution upgrade” means a required addition or modification to the utility electric distribution system, excluding the interconnection facilities, necessary to accommodate the interconnection of a small generator facility.</text> </paragraph> <paragraph num="(15)"> <text>“Draw-out type circuit breaker” means a molded case switching device that:</text> <paragraph num="(a)"> <text>Can be inserted into or removed from its enclosure during no-load conditions; and</text> </paragraph> <paragraph num="(b)"> <text>Is capable of making, carrying, and breaking currents under normal and abnormal circuit conditions.</text> </paragraph> </paragraph> <paragraph num="(16)"> <text>Electric Distribution System.</text> <paragraph num="(a)"> <text>“Electric distribution system” means the facilities and equipment used to transmit electricity generally at less than 69 kV to ultimate usage points such as homes and industries from interchanges with higher voltage transmission networks that transport bulk power over longer distances.</text> </paragraph> <paragraph num="(b)"> <text>“Electric distribution system” has the same meaning as the term Area EPS as defined in Section 3.1.6.1 of IEEE Standard 1547.</text> </paragraph> </paragraph> <paragraph num="(17)"> <text>“Electric vehicle” or “EV” means a vehicle that employs electrical energy as a primary or secondary mode of propulsion and is capable of charging the onboard battery from an external supply of electricity.</text> </paragraph> <paragraph num="(18)"> <text>“Electric vehicle supply equipment” or “EVSE” means a device or system designed and used specifically to transfer electrical energy between an electric vehicle and the electric grid.</text> </paragraph> <paragraph num="(19)"> <text>“Energy Storage Device” means a piece of equipment that captures energy produced at one time, stores that energy for a period of time, and delivers that energy as electricity at a future time.</text> </paragraph> <paragraph num="(20)"> <text>“Fault current” means the electrical current that flows through a circuit during an electrical fault condition, such as when one or more electrical conductors contact ground or each other.</text> </paragraph> <paragraph num="(21)"> <text>“Grid support services” means compensated or uncompensated services unrelated to wholesale markets provided by a small generator facility that support the safety, stability, reliability, or economics of the electric grid.</text> </paragraph> <paragraph num="(22)"> <text>“Hosting capacity” means the amount of aggregate generation that can be accommodated on an electric distribution system or area, or a system component, without requiring infrastructure upgrades.</text> </paragraph> <paragraph num="(23)"> <text>“Hosting capacity reporting system” means the information available on a utility website providing reports, tabular data, or maps of hosting capacity available on the electric distribution system.</text> </paragraph> <paragraph num="(24)"> <text>“Hosting capacity upgrade plan” means a utility plan to promote clean energy interconnection for a particular area or a proposal to open multiple restricted and closed circuits or areas on an electric system in the aggregate through proactive distribution system investments that includes a cost allocation and recovery proposal, under conditions that are approved by the Commission.</text> </paragraph> <paragraph num="(25)"> <text>“IEEE Standard 1547” means the standard incorporated by reference in COMAR 20.50.02.02.</text> </paragraph> <paragraph num="(26)"> <text>“IEEE Standard 1547.1” means the standard incorporated by reference in COMAR 20.50.02.02.</text> </paragraph> <paragraph num="(27)"> <text>“Inadvertent export” means the unscheduled export of power from a small generator facility, beyond a specified magnitude and for a limited duration, generally due to fluctuations in load-following behavior.</text> </paragraph> <paragraph num="(28)"> <text>“Interconnection agreement” means an agreement that contains details regarding the proposed interconnection equipment and its operation to ensure the reliability and safety of the grid, including schedules, rights, obligations, and terms and conditions that become effective on the date the agreement is executed by the utility and the interconnection customer.</text> </paragraph> <paragraph num="(29)"> <text>“Interconnection customer” means an entity that proposes to interconnect or has interconnected a small generator facility to an electric distribution system.</text> </paragraph> <paragraph num="(30)"> <text>Interconnection Equipment.</text> <paragraph num="(a)"> <text>“Interconnection equipment” means a group of components or an integrated system connecting an electric generator with a local electric power system, or an electric distribution system.</text> </paragraph> <paragraph num="(b)"> <text>“Interconnection equipment” means all interface equipment including switchgear, protective devices, inverters, or other interface devices.</text> </paragraph> <paragraph num="(c)"> <text>“Interconnection equipment” includes equipment installed as part of an integrated equipment package that includes a generator or other electric source.</text> </paragraph> </paragraph> <paragraph num="(31)"> <text>Interconnection Facilities.</text> <paragraph num="(a)"> <text>“Interconnection facilities” means facilities and equipment required by the utility to accommodate the interconnection of a small generator facility.</text> </paragraph> <paragraph num="(b)"> <text>“Interconnection facilities” includes all facilities and equipment between the small generator facility and the point of interconnection, and modifications, additions, or upgrades that are necessary to physically and electrically interconnect the small generator facility to the electric distribution system.</text> </paragraph> <paragraph num="(c)"> <text>“Interconnection facilities” includes any distribution upgrade.</text> </paragraph> </paragraph> <paragraph num="(32)"> <text>“Interconnection facility cost sharing” means the allocation of distribution interconnection facility upgrade costs among multiple small generator facility projects that utilize the hosting capacity created by an interconnection facility upgrade.</text> </paragraph> <paragraph num="(33)"> <text>“Interconnection request” means an applicant's request for the interconnection of a small generator facility, or to increase the capacity or operating characteristics of a small generator facility that is already interconnected with the utility's electric distribution system.</text> </paragraph> <paragraph num="(34)"> <text>“Interconnection study” means an interconnection feasibility study, interconnection system impact study, or interconnection facilities study as described in Regulation .12 of this chapter.</text> </paragraph> <paragraph num="(35)"> <text>“Limited export agreement” means an agreement for energy supplied to the grid by an interconnection customer that may be managed to specified ramp rates and generation levels for operating conditions, as specified in the interconnection agreement or in a separate limited export agreement.</text> </paragraph> <paragraph num="(36)"> <text>“Line section” means that portion of a utility electric distribution system connected to an interconnection customer, bounded by automatic sectionalizing devices, or the end of the distribution line.</text> </paragraph> <paragraph num="(37)"> <text>Local Electric Power System.</text> <paragraph num="(a)"> <text>“Local electric power system” means those facilities that deliver electric power to a load that are contained entirely within a single premises or group of premises.</text> </paragraph> <paragraph num="(b)"> <text>“Local electric power system” has the same meaning as the term local electric power system as defined in Section 3.1.6.2 of IEEE Standard 1547.</text> </paragraph> </paragraph> <paragraph num="(38)"> <text>“Meter collar adapter” means an electronic device that is installed between a residential electric meter and the meter socket, for the purpose of facilitating the deployment of customer-owned or customer-leased technology.</text> </paragraph> <paragraph num="(39)"> <text>“Minor equipment modification” means a change to the proposed small generator facility that does not have a significant impact on safety or reliability of the electric distribution system.</text> </paragraph> <paragraph num="(40)"> <text>“Minor system modification” means a change to the distribution system:</text> <paragraph num="(a)"> <text>Located between the service tap on the distribution circuit and the meter serving the applicant; or</text> </paragraph> <paragraph num="(b)"> <text>That the utility estimates will entail less than 4 hours of work and less than $1,500 in materials.</text> </paragraph> </paragraph> <paragraph num="(41)"> <text>“Nameplate capacity” means the maximum rated output of a generator at a point of common coupling of all electric power production equipment or energy storage devices under specific conditions designated by the manufacturer that is usually listed on a nameplate physically attached to the equipment.</text> </paragraph> <paragraph num="(42)"> <text>“Nationally recognized testing laboratory (NRTL)” means a qualified private organization recognized by the Occupational Safety and Health Administration to perform independent safety testing and product certification.</text> </paragraph> <paragraph num="(43)"> <text>“Net system capacity” means the total export capacity at a point of common coupling of a small generator facility as measured by the nameplate capacities of all power production units and energy storage devices minus their consumption of electrical power, if applicable, as limited through the use of a control system, power relays, or other similar device settings or adjustments.</text> </paragraph> <paragraph num="(44)"> <text>“Parallel operation” means the sustained state of operation over 100 milliseconds which occurs when a small generator facility is connected electrically to the electric distribution system, and thus has the ability for electricity to flow from the small generator facility to the electric distribution system.</text> </paragraph> <paragraph num="(45)"> <text>“Permission to operate notice” means the written permission provided by a utility in the form of an email or letter authorizing an interconnection customer to interconnect and operate its small generator interconnection facility.</text> </paragraph> <paragraph num="(46)"> <text>“Point of common coupling” means the point of interconnection where the small generator facility is electrically connected to the electric distribution system.</text> </paragraph> <paragraph num="(47)"> <text>“Point of interconnection” has the same meaning as the term “point of common coupling”.</text> </paragraph> <paragraph num="(48)"> <text>“Primary line” means a distribution line rated at greater than 600 volts.</text> </paragraph> <paragraph num="(49)"> <text>“Primary voltage hosting capacity upgrade cost” means the equipment upgrade costs of all interconnection equipment, interconnection facilities, protective devices and associated communications systems, and other upgrades that directly increase hosting capacity for multiple primary voltage and secondary voltage interconnection customers while excluding equipment upgrade costs that solely benefit a single interconnection customer, to the extent practicable and material.</text> </paragraph> <paragraph num="(50)"> <text>“Primary voltage interconnection customer” means an interconnection customer with a point of interconnection at greater than 600 nominal volts.</text> </paragraph> <paragraph num="(51)"> <text>Proposed Use.</text> <paragraph num="(a)"> <text>“Proposed use” means the operational control modes of a small generator facility upon which the applicant’s technical review is based and under which the small generator facility is bound to operate upon the execution of the interconnection agreement.</text> </paragraph> <paragraph num="(b)"> <text>“Proposed use” for a small generator facility includes a combination of electric generators and energy storage devices operating in specified operational control modes during specified time periods.</text> </paragraph> </paragraph> <paragraph num="(52)"> <text>“Queue position” means the order of a completed interconnection request, relative to all other pending completed interconnection requests, that is established based upon the date and time of receipt of the completed interconnection request by the utility.</text> </paragraph> <paragraph num="(53)"> <text>“Radial distribution circuit” means a circuit configuration in which independent feeders branch out radially from a common source of supply.</text> </paragraph> <paragraph num="(54)"> <text>“Reserve hosting capacity” means the amount of hosting capacity reserved for small generator facilities on an electric distribution system circuit.</text> </paragraph> <paragraph num="(55)"> <text>“Restricted circuit” means an electric system distribution circuit with reserve hosting capacity.</text> </paragraph> <paragraph num="(56)"> <text>“Rightsizing” means to increase the size, scope, and cost of an electric utility hosting capacity upgrade project, following a distributed energy resource interconnection request, to account for both the immediate interconnection customer’s needs and future hosting capacity needs that are identified by the electric utility through a distributed energy resource forecast.</text> </paragraph> <paragraph num="(57)"> <text>“Scoping meeting” means a meeting between the applicant and utility conducted for the purpose of discussing alternative interconnection options, exchanging information, including any electric distribution system data and earlier study evaluations that would be reasonably expected to impact interconnection options, analyzing information, and determining the potential feasible points of interconnection.</text> </paragraph> <paragraph num="(58)"> <text>“Secondary line” means a service line subsequent to the primary line that is rated for 600 volts or less, also referred to as the customer's service line.</text> </paragraph> <paragraph num="(59)"> <text>“Secondary voltage hosting capacity upgrade cost” means the costs of all primary voltage and secondary voltage interconnection equipment upgrades that directly increase secondary voltage hosting capacity available to multiple secondary voltage interconnection customers while excluding all primary voltage and secondary voltage interconnection equipment upgrade costs that solely benefit a single interconnection customer, to the extent practicable and material.</text> </paragraph> <paragraph num="(60)"> <text>“Secondary voltage interconnection customer” means an interconnection customer with a point of interconnection at less than or equal to 600 nominal volts.</text> </paragraph> <paragraph num="(61)"> <text>“Shared transformer" means a transformer that supplies secondary source voltage to more than one customer.</text> </paragraph> <paragraph num="(62)"> <text>“Site-specific utility required inverter settings profile” means a set of smart inverter settings optimized for use at a specific site on a utility’s electric system.</text> </paragraph> <paragraph num="(63)"> <text>Small Generator Facility.</text> <paragraph num="(a)"> <text>“Small generator facility” means the equipment used to generate or store electricity that operates in parallel with the electric distribution system.</text> </paragraph> <paragraph num="(b)"> <text>“Small generator facility” includes an electric generator, a prime mover, energy storage device, and the interconnection equipment required to safely interconnect with the electric distribution system or local electric power system.</text> </paragraph> </paragraph> <paragraph num="(64)"> <text>“Smart Inverter” means any inverter hardware system certified to be compliant with IEEE 1547-2018 or subsequent revisions to these standards.</text> </paragraph> <paragraph num="(65)"> <text>Spot Network.</text> <paragraph num="(a)"> <text>“Spot network” means a type of electric distribution system that uses two or more inter-tied transformers to supply an electrical network circuit.</text> </paragraph> <paragraph num="(b)"> <text>“Spot network” is generally used to supply power to a single customer or a small group of customers.</text> </paragraph> <paragraph num="(c)"> <text>“Spot network” has the same meaning as the term is defined in 4.1.4 of IEEE Standard 1547.</text> </paragraph> </paragraph> <paragraph num="(66)"> <text>“Statewide utility required inverter settings profile” or “grid code” means a set of smart inverter settings optimized for use Statewide that can be used by utilities and manufacturers in establishing defaults.</text> </paragraph> <paragraph num="(67)"> <text>“Technical interconnection requirement” or “TIR” means a public-facing document available on an electric company's website that specifies interconnection technical review criteria and distributed energy resource functional settings.</text> </paragraph> <paragraph num="(68)"> <text>“Utility monitoring and control plan” means a plan to monitor and control, in the aggregate, a set of small generator facilities in multiple locations that includes a cost recovery method, under conditions that are approved by the Commission.</text> </paragraph> <paragraph num="(69)"> <text>“Utility required inverter settings profile” means smart inverter settings for a small generator facility that are established by a utility.</text> </paragraph> <paragraph num="(70)"> <text>“V1G or managed charging” means a range of approaches from utility programs and rate design to incentivize ratepayers for varying the time or rate at which an electric vehicle is charged.</text> </paragraph> <paragraph num="(71)"> <text>“V1G Ready EVSE” is an EVSE that is capable of controlled charging rate operation but is either not certified for or is certified for but not programmed or configured for bidirectional operation.</text> </paragraph> <paragraph num="(72)"> <text>“V2G or vehicle-to-grid” means the ability for an EVSE connected to a bidirectional electric vehicle to operate in parallel to the grid and both receive and feed power to the point of interconnection between the EVSE and the grid.</text> </paragraph> <paragraph num="(73)"> <text>“V2G Ready EVSE” is an AC EVSE or DC EVSE, is certified for and programmed or configured for bidirectional operation as part of a V2G system in parallel with the electric grid.</text> </paragraph> <paragraph num="(74)"> <text>“V2G System” is a combination of hardware and software in or around the EVSE and EV for the purposes of communication with and programmed flow of energy into and out of the vehicle battery in support of electrical loads or systems offboard the EV, including the electric grid.</text> </paragraph> <paragraph num="(75)"> <text>“Witness test” means, for lab-certified or field-approved equipment, verification either by an on-site observation or review of documents by the utility that the interconnection installation evaluation required by Section 5.3 of IEEE Standard 1547 and the commissioning test required by Section 5.4 of IEEE Standard 1547 have been adequately performed.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Acceptable Standards."> <text>The technical standard to be used in evaluating all interconnection requests under Level 1, Level 2, Level 3, and Level 4 reviews, unless otherwise provided for in this chapter, is IEEE Standard 1547.</text> </regulation> <regulation prefix="Regulation" num=".04" heading="Interconnection Requests."> <paragraph num="A."> <text>Applicants seeking to interconnect a small generator facility shall submit an interconnection request to the utility that owns the electric distribution system to which interconnection is sought.</text> </paragraph> <paragraph num="B."> <text>An interconnection request shall be in the form and format specified by the utility that owns the electric distribution system to which interconnection is sought and shall include the following information and any additional information that may be reasonably requested by the utility:</text> <paragraph num="(1)"> <text>Contact information for the interconnection customer;</text> </paragraph> <paragraph num="(2)"> <text>Existing utility account information;</text> </paragraph> <paragraph num="(3)"> <text>Location information for the small generator facility;</text> </paragraph> <paragraph num="(4)"> <text>Contact information for the interconnection customer’s equipment and electrical contractors;</text> </paragraph> <paragraph num="(5)"> <text>Information on the manner in which the interconnection customer intends to use the small generator facility;</text> </paragraph> <paragraph num="(6)"> <text>Requested review level for interconnection request;</text> </paragraph> <paragraph num="(7)"> <text>Technical information regarding the generator and prime mover;</text> </paragraph> <paragraph num="(8)"> <text>Technical information regarding the interconnection components and system or systems;</text> </paragraph> <paragraph num="(9)"> <text>Location and other information regarding disconnect switch for small generator facility;</text> </paragraph> <paragraph num="(10)"> <text>Details regarding any plans to export power to the electric distribution system; and</text> </paragraph> <paragraph num="(11)"> <text>Any other item specified by the Commission.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Each utility shall make reasonable efforts to align the content of its interconnection request form with those forms provided by other utilities in Maryland.</text> </paragraph> <paragraph num="D."> <text>Each utility shall establish a process that allows an applicant and an applicant’s authorized designee to:</text> <paragraph num="(1)"> <text>Sign and submit an interconnection request electronically on the utility’s website;</text> </paragraph> <paragraph num="(2)"> <text>Track the status of the interconnection request electronically; and</text> </paragraph> <paragraph num="(3)"> <text>Conduct electronically any other process that can reasonably occur in that manner.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Interconnection Request Processing Fees."> <paragraph num="A."> <text>A utility may only charge a small generator interconnection request fee for a Level 2, Level 3, or Level 4 interconnection request.</text> </paragraph> <paragraph num="B."> <text>A utility may not charge interconnection request fees for interconnection requests determined to be under PJM Interconnection, LLC jurisdiction pursuant to Regulation .01 of this chapter.</text> </paragraph> <paragraph num="C."> <text>The utility shall specify the interconnection [processing] request fees charged under this regulation in its tariff.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="General Requirements."> <paragraph num="A."> <text>For small generator facilities at a site for which the applicant seeks a single point of interconnection, the interconnection request shall be evaluated for total exports on the basis of the net system capacity.</text> </paragraph> <paragraph num="B."> <text>An interconnection request is required for the interconnection of a new small generator facility, or to increase the total exports, change the energy sales strategy pursuant to Regulation .01C of this chapter, or change the proposed use of an existing small generator facility. Any time a new interconnection request is processed for an existing small generator facility, the utility will apply any standards in effect at the time of the interconnection request and, if approved, a new interconnection agreement will be required. The interconnection request shall be evaluated on the basis of the total net system capacity of the small generator facility.</text> </paragraph> <paragraph num="C."> <text>Utility Provided Information.</text> <paragraph num="(1)"> <text>A utility shall designate a contact person, and provide contact information on its website and for the Commission's website for submission of all interconnection requests, and from whom information on the interconnection request process and the utility's electric distribution system can be obtained.</text> </paragraph> <paragraph num="(2)"> <text>The information provided by the utility on its website shall include studies and other materials useful to an understanding of the feasibility of interconnecting a small generator facility on the utility electric distribution system, except to the extent providing the materials would violate security requirements or confidentiality agreements, or be contrary to law.</text> </paragraph> <paragraph num="(3)"> <text>For projects with a nameplate capacity over 20kW, the utility shall:</text> <paragraph num="(a)"> <text>Provide the applicant an opportunity to request a pre-application report, which may require payment of a fee listed in the utility’s tariff;</text> </paragraph> <paragraph num="(b)"> <text>Publicly post the fee amount on the utility’s website; and</text> </paragraph> <paragraph num="(c)"> <text>Provide the pre-application report within 20 business days, once the fee is paid.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>The pre-application report shall rely largely on pre-existing utility data and shall, at a minimum, include the following items:</text> <paragraph num="(a)"> <text>Initial proposed point of interconnection of the small generator facility, including address or GIS coordinates;</text> </paragraph> <paragraph num="(b)"> <text>Closest electrical facilities to the initial proposed point of interconnection of the small generator facility, including voltage level, feeder identification, substation, and including distance to that substation;</text> </paragraph> <paragraph num="(c)"> <text>Amount of generation hosting capacity available on the closest feeder, if this information is in possession of or easily obtainable by the utility; and</text> </paragraph> <paragraph num="(d)"> <text>Any other items specified by the Commission.</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>In appropriate circumstances, the utility may require an applicant to execute an appropriate confidentiality agreement prior to release or access to confidential or restricted information.</text> </paragraph> </paragraph> <paragraph num="D."> <text>If an interconnection request is determined to be complete, any material modification, other than a minor equipment modification, that is not agreed to in writing by the utility, shall require submission of a new interconnection request.</text> </paragraph> <paragraph num="E."> <text>If an applicant is not currently a customer of the utility at the location for the proposed small generator facility, upon request from the utility, the applicant shall provide proof of site control evidenced by a property tax bill, deed, lease agreement, contract, or other acceptable document.</text> </paragraph> <paragraph num="F."> <text>Connection of Multiple Small Generator Facilities by Single Interconnection.</text> <paragraph num="(1)"> <text>To minimize the cost of interconnecting multiple small generator facilities, the utility or the applicant may propose a single point of interconnection for multiple small generator facilities located at a single site.</text> </paragraph> <paragraph num="(2)"> <text>If an applicant rejects a utility proposal for a single point of interconnection, the applicant shall pay any additional cost of providing separate points of interconnection for each small generator facility.</text> </paragraph> <paragraph num="(3)"> <text>If a utility unreasonably rejects a customer proposal for a single point of interconnection without providing a written technical explanation, the utility shall pay any additional cost of providing separate points of interconnection for each small generator facility.</text> </paragraph> </paragraph> <paragraph num="G."> <text>Electrical Isolation of a Small Generator Facility.</text> <paragraph num="(1)"> <text>A small generator facility shall be capable of being isolated from the utility electric distribution system.</text> </paragraph> <paragraph num="(2)"> <text>For a small generator facility interconnecting to a primary or secondary line, the isolation shall be by means of a lockable, visible-break isolation device accessible by the utility.</text> </paragraph> <paragraph num="(3)"> <text>The isolation device shall be installed, owned, and maintained by the interconnection customer for the small generator facility, and located electrically between the small generator facility and the point of interconnection.</text> </paragraph> <paragraph num="(4)"> <text>A draw-out type circuit breaker with a provision for padlocking at the draw-out position satisfies the requirement for an isolation device.</text> </paragraph> </paragraph> <paragraph num="H."> <text>Use of Lockbox for Access to Isolation Device.</text> <paragraph num="(1)"> <text>An interconnection customer may elect to provide the utility access to an isolation device that is contained in a building or area that may be unoccupied and locked or not otherwise readily accessible to the utility, by installing a lockbox provided by the utility that shall allow ready access to the isolation device.</text> </paragraph> <paragraph num="(2)"> <text>The lockbox shall be in a location that is readily accessible by the utility, and the interconnection customer shall permit the utility to affix a placard in a location of its choosing that provides clear instructions to utility operating personnel on access to the isolation device.</text> </paragraph> <paragraph num="(3)"> <text>In the event the interconnection customer fails to comply with the terms of this section and the utility needs to gain access to the isolation device, the utility may not be held liable for any damages resulting from any necessary utility action to isolate the small generator facility.</text> </paragraph> </paragraph> <paragraph num="I."> <text>Metering.</text> <paragraph num="(1)"> <text>Any metering necessitated by a small generator facility interconnection shall be installed, operated, and maintained in accordance with the applicable utility tariff.</text> </paragraph> <paragraph num="(2)"> <text>Any small generator facility metering requirements shall be clearly identified as part of the interconnection agreement executed by the interconnection customer and the utility.</text> </paragraph> </paragraph> <paragraph num="J."> <text>Utility Monitoring and Control of Small Generator Facility.</text> <paragraph num="(1)"> <text>Utility monitoring or control of a small generator facility shall be permitted subject to the conditions in §J of this regulation.</text> </paragraph> <paragraph num="(2)"> <text>Any utility monitoring or control requirements shall be:</text> <paragraph num="(a)"> <text>Consistent with the utility published requirements, as available on the utility’s website; and</text> </paragraph> <paragraph num="(b)"> <text>Clearly identified in an interconnection agreement executed by the interconnection customer and the utility.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>For a small generator facility under a nameplate capacity of 2 MW, utility monitoring or control is not permitted unless:</text> <paragraph num="(a)"> <text>The Commission approves a utility monitoring and control plan addressing such facilities in the aggregate; or</text> </paragraph> <paragraph num="(b)"> <text>The interconnection customer consents to utility monitoring or control.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>Equipment certified under the latest published editions of IEEE 1547, IEEE 1547.1, and UL 1741 shall be permitted to be used for monitoring or control upon mutual agreement of the utility and the interconnection customer.</text> </paragraph> <paragraph num="(5)"> <text>A utility monitoring and control plan submitted to the Commission pursuant to §J(3)(a) of this regulation shall include:</text> <paragraph num="(a)"> <text>Technical requirements;</text> </paragraph> <paragraph num="(b)"> <text>Cost;</text> </paragraph> <paragraph num="(c)"> <text>Benefits;</text> </paragraph> <paragraph num="(d)"> <text>Comparison to IEEE 1547-2018 compliant monitoring and control alternatives, if applicable;</text> </paragraph> <paragraph num="(e)"> <text>Customer permissions plan; and</text> </paragraph> <paragraph num="(f)"> <text>Project management plan.</text> </paragraph> </paragraph> </paragraph> <paragraph num="K."> <text>Good Small Generator Facility Cybersecurity Practice. A small generator facility’s cybersecurity shall be:</text> <paragraph num="(1)"> <text>Designed;</text> </paragraph> <paragraph num="(2)"> <text>Installed;</text> </paragraph> <paragraph num="(3)"> <text>Maintained; and</text> </paragraph> <paragraph num="(4)"> <text>Operated to the extent reasonable and practical, in accordance with accepted industry standards and meet utility cybersecurity requirements</text> </paragraph> </paragraph> <paragraph num="L."> <text>Witness Test of Small Generator Facility.</text> <paragraph num="(1)"> <text>The utility shall have the option of performing a witness test after construction of the small generator facility is completed.</text> </paragraph> <paragraph num="(2)"> <text>The applicant shall provide the utility at least 5 business days notice of the planned commissioning test for the small generator facility.</text> </paragraph> <paragraph num="(3)"> <text>If the utility elects to perform a witness test, the utility shall contact the applicant to schedule the witness test at a mutually agreeable time within 10 business days of the scheduled commissioning test.</text> </paragraph> <paragraph num="(4)"> <text>If the utility does not perform the witness test within 10 business days of the commissioning test, the witness test is considered waived unless the utility and applicant agree to extend the time for conducting the witness test.</text> </paragraph> <paragraph num="(5)"> <text>If the results of the witness test are not acceptable to the utility, the applicant shall address and resolve any deficiencies within 30 calendar days, which may be extended upon the request of the applicant prior to the expiration of the 30-calendar-day period. A request for extension may not be unreasonably denied by the utility.</text> </paragraph> <paragraph num="(6)"> <text>If the applicant fails to address and resolve the deficiencies to the satisfaction of the utility, the interconnection request shall be considered withdrawn.</text> </paragraph> <paragraph num="(7)"> <text>If a witness test is not performed by the utility or an entity approved by the utility, the applicant shall satisfy the interconnection test specifications and requirements specified in Section 8 of IEEE Standard 1547.1-2020.</text> </paragraph> <paragraph num="(8)"> <text>For interconnection equipment that has not been certified or approved under Regulation .07 of this chapter, the witness test may also include the verification by the utility specified in Section 8 of IEEE Standard 1547.1-2020.</text> </paragraph> <paragraph num="(9)"> <text>All tests verified by the utility shall be performed in accordance with the test procedures specified in Section 8 of IEEE Standard 1547.1-2020.</text> </paragraph> <paragraph num="(10)"> <text>The applicant shall, if requested by the utility, provide a copy of all documentation in its possession regarding testing conducted under Section 8 of IEEE Standard 1547.1-2020.</text> </paragraph> <paragraph num="(11)"> <text>The applicant shall demonstrate that it meets the smart inverter requirements of §O of this regulation, if applicable.</text> </paragraph> </paragraph> <paragraph num="M."> <text>Interconnection Studies and Applicant Information.</text> <paragraph num="(1)"> <text>If requested by the applicant, the utility shall provide the applicant copies of any interconnection studies performed in analyzing an interconnection request.</text> </paragraph> <paragraph num="(2)"> <text>An applicant may provide any other prospective applicant copies of interconnection studies to aid in streamlining a future utility review.</text> </paragraph> <paragraph num="(3)"> <text>Queue position for all small generator facilities shall be prioritized based on the date the interconnection request is submitted.</text> </paragraph> <paragraph num="(4)"> <text>Each utility shall publicly and electronically provide an interconnection queue, updated monthly, that includes the following information about each interconnection request for any small generator facility with a nameplate capacity greater than 500 kW:</text> <paragraph num="(a)"> <text>Size (MW or kW);</text> </paragraph> <paragraph num="(b)"> <text>Proposed circuit number and substation;</text> </paragraph> <paragraph num="(c)"> <text>County and zip code;</text> </paragraph> <paragraph num="(d)"> <text>Interconnection request received date;</text> </paragraph> <paragraph num="(e)"> <text>Queue position on the system’s proposed circuit number and substation;</text> </paragraph> <paragraph num="(f)"> <text>Review status;</text> </paragraph> <paragraph num="(g)"> <text>Interconnection request approved date; and</text> </paragraph> <paragraph num="(h)"> <text>Any other information requested by the Commission.</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>A small generator facility shall remain on the list for at least 3 years after the interconnection request was approved by the utility, unless subsequently cancelled or removed from the interconnection queue pursuant to §N of this regulation.</text> </paragraph> <paragraph num="(6)"> <text>A utility may provide any additional information to a prospective applicant if the utility determines that doing so would streamline the utility’s review of an interconnection request.</text> </paragraph> <paragraph num="(7)"> <text>A utility has no obligation to provide any prospective applicant any information regarding prior interconnection requests, including a prior applicant's name, copies of prior interconnection studies performed by the utility, or any other information regarding a prior applicant or request.</text> </paragraph> </paragraph> <paragraph num="N."> <text>Validity of Conditional Approval.</text> <paragraph num="(1)"> <text>A project participating as a community solar energy generating system under COMAR 20.62 is not subject to this section.</text> </paragraph> <paragraph num="(2)"> <text>The notice of conditional approval shall clearly identify the applicable deadline and the consequences of failing to either deliver the certification of completion or request an extension by the deadline.</text> </paragraph> <paragraph num="(3)"> <text>Once the utility delivers notice of conditional approval to the applicant, the applicant shall deliver the certification of completion within the following time frames:</text> <paragraph num="(a)"> <text>For an application for a small generator facility with a nameplate capacity smaller than or equal to 100 kW, the applicant:</text> <paragraph num="(i)"> <text>Shall deliver the certification of completion within 6 months;</text> </paragraph> <paragraph num="(ii)"> <text>Shall receive a 6-month extension of the specified deadline, upon request; and</text> </paragraph> <paragraph num="(iii)"> <text>May receive one or more additional extensions of at least 6 months upon good cause shown after an initial 6-month extension; and</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>For an application for a small generator facility with a nameplate capacity larger than 100 kW, the applicant:</text> <paragraph num="(i)"> <text>Shall deliver the certification of completion within 12 months;</text> </paragraph> <paragraph num="(ii)"> <text>Shall receive a 6-month extension of the specified deadline, upon request; and</text> </paragraph> <paragraph num="(iii)"> <text>May receive one or more additional extensions of at least 6 months upon good cause shown after an initial 6-month extension.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(3)"> <text>A project participating in the Community Solar pilot program under COMAR 20.62 is not subject to this section.</text> </paragraph> </paragraph> <paragraph num="O."> <text>Smart Inverters.</text> <paragraph num="(1)"> <text>After January 1, 2024, any small generator facility requiring an inverter that submits an interconnection request shall use a smart inverter with either a default or a site-specific utility required inverter settings profile, as determined by a utility.</text> </paragraph> <paragraph num="(2)"> <text>Any small generator facility may replace an existing inverter with a similar spare inverter that was purchased prior to January 1, 2024, for use at the small generator facility. This requirement does not apply to inverter replacements conducted under manufacturer warranty.</text> </paragraph> <paragraph num="(3)"> <text>Prior to January 1, 2024, all utilities will establish default utility required inverter settings profiles for smart inverters pursuant to §O(5) of this regulation. A utility with a total number of less than 150,000 customers served in Maryland may use a Statewide utility required inverter settings profile as their default utility required inverter settings profile.</text> </paragraph> <paragraph num="(4)"> <text>To the extent reasonable, pursuant to any modifications required by §O(5) of this regulation, all utility required inverter setting profiles shall be consistent with applicable smart inverter recommendations from PJM Interconnection, LLC that are applicable.</text> </paragraph> <paragraph num="(5)"> <text>A default utility required inverter settings profile shall be established by a utility to optimize the safe and reliable operation of the electric distribution system, and shall serve the following objectives:</text> <paragraph num="(a)"> <text>The primary objective is to incur no involuntary real power inverter curtailments incurred during normal operating conditions and minimal real power involuntary curtailments during abnormal operating conditions.</text> </paragraph> <paragraph num="(b)"> <text>The secondary objective is to enhance electric distribution system hosting capacity and to optimize the provision of grid support services.</text> </paragraph> </paragraph> <paragraph num="(6)"> <text>A site-specific utility required inverter settings profile may be established by a utility as necessary to optimally meet the objectives established in §O(5) of this regulation.</text> </paragraph> <paragraph num="(7)"> <text>All default and site-specific utility required inverter settings profiles shall be documented in interconnection agreements.</text> </paragraph> <paragraph num="(8)"> <text>A default utility required inverter settings profile shall be published on the utility’s website.</text> </paragraph> <paragraph num="(9)"> <text>A utility with a total number of 150,000 or more customers served in Maryland shall:</text> <paragraph num="(a)"> <text>File an initial default utility required inverter settings profile with the Commission for approval by October 1, 2023 to be effective by January 1, 2024.</text> </paragraph> <paragraph num="(b)"> <text>File any changes to its established default utility required inverter settings profile with the Commission for approval.</text> </paragraph> </paragraph> <paragraph num="(10)"> <text>Commission Staff shall file any changes to the established statewide utility required inverter settings profile with the Commission for approval.</text> </paragraph> <paragraph num="(11)"> <text>A utility required inverter settings profile or statewide utility required inverter settings profile shall be deemed approved within 90 days upon filing, unless directed otherwise by the Commission.</text> </paragraph> </paragraph> <paragraph num="P."> <text>Flexible Interconnection Options.</text> <paragraph num="(1)"> <text>Utilities shall approve interconnection requests while considering flexible interconnection options under a limited export agreement or, for inadvertent export, net system capacity and a proposed use subject to the requirements of this section.</text> </paragraph> <paragraph num="(2)"> <text>Inadvertent Export for Energy Storage Devices.</text> <paragraph num="(a)"> <text>Small generator facilities using Level 3 interconnection requests are non-exporting systems and are not allowed to utilize inadvertent exports.</text> </paragraph> <paragraph num="(b)"> <text>A utility may not approve an inadvertent export option if the interconnection customer lacks the appropriate standardized controls to ensure that the small generator facility operates as agreed upon in interconnection agreements.</text> </paragraph> <paragraph num="(c)"> <text>Small generator facilities may inadvertently export power of a magnitude and duration as evaluated and allowed by the utility and as specified in their interconnection agreement. Thirty seconds shall be used as a default inadvertent export duration unless the utility determines that this level duration violates utility evaluation criteria.</text> </paragraph> <paragraph num="(d)"> <text>There are no limits on the number of times inadvertent exports occur in any given customer billing cycle.</text> </paragraph> <paragraph num="(e)"> <text>Small generator facilities may not have total inadvertent exports greater than the generating facility nameplate capacity multiplied by 1 hour per customer in each billing cycle.</text> </paragraph> <paragraph num="(f)"> <text>In the event that a small generator facility exceeds approved inadvertent export magnitude or duration limits, the small generator facility shall immediately cease to export power to the grid until acceptable output control has been reestablished.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Net System Capacity and Proposed Use.</text> <paragraph num="(a)"> <text>An interconnection customer may request that its interconnection request be based on the proposed use of the small generator facility and the impact of its proposed use on net system capacity.</text> </paragraph> <paragraph num="(b)"> <text>A utility may not approve a proposed use if the interconnection customer lacks the appropriate standardized controls to ensure that the small generator facility operates as agreed upon in interconnection agreements.</text> </paragraph> <paragraph num="(c)"> <text>In the event that a small generator facility exceeds the approved net system capacity for the proposed use, the small generator facility shall immediately cease to export power to the grid until acceptable output control has been reestablished.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>Limited Export Agreements.</text> <paragraph num="(a)"> <text>By January 1, 2025, a utility shall publish on its interconnection website a description of their limited export agreement policies and provide a process for interconnection customers to request these agreements to avoid the need for a hosting capacity upgrade project to accommodate an interconnection request, including the following:</text> <paragraph num="(i)"> <text>Limited export agreements shall be made available upon request only to Level 2 and Level 4 interconnection customers;</text> </paragraph> <paragraph num="(ii)"> <text>Limited export agreement terms shall be mutually agreed upon between a utility and an interconnection customer for operating conditions as specified in the interconnection agreement or in a separate limited export interconnection customer agreement; and</text> </paragraph> <paragraph num="(iii)"> <text>The method of implementation and control of the limited export agreement terms shall be mutually agreed upon between a utility and the interconnection customer and specified in the interconnection agreement or in a separate limited export interconnection customer agreement.</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>A utility may not approve a limited export agreement if the interconnection customer lacks the appropriate standardized controls to ensure that the small generator facility operates as agreed upon in interconnection agreements.</text> </paragraph> <paragraph num="(c)"> <text>In the event that a small generator facility does not curtail and exceeds the approved limited export parameters stated in the interconnection agreement or a separate limited export interconnection customer agreement, the small generator facility shall immediately cease to export real power to the grid until acceptable output control has been reestablished.</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>If required by the utility, the small generator facility shall be subject to a verification reporting plan to monitor the small generator facility’s compliance with any flexible interconnection option limits involving net system capacity, inadvertent export, proposed use, and limited export agreement requirements as documented in the interconnection agreement. A verification reporting plan may include periodic reports, online monitoring, or other verification methods, or it may be waived as agreed upon by the utility and interconnection customer.</text> </paragraph> <paragraph num="(6)"> <text>Utilities may include a recurring administrative fee in utility tariffs as a term in flexible interconnection option agreements to reimburse the utility for estimated additional costs to administer these agreements and the stated limiting conditions.</text> </paragraph> <paragraph num="(7)"> <text>Failure of a small generator facility to demonstrate compliance with the facility’s verification reporting plan may result in the suspension of utility approvals in this section until the small generator facility agrees and implements an acceptable corrective action plan with the utility within 30 calendar days of notification by the utility.</text> </paragraph> <paragraph num="(8)"> <text>A small generator facility shall cease to export power if it fails to provide an acceptable corrective action plan to the utility, pursuant to §P(7) of this regulation.</text> </paragraph> </paragraph> <paragraph num="Q."> <text>Hosting Capacity.</text> <paragraph num="(1)"> <text>Utilities shall establish hosting capacity policies subject to the following requirements:</text> <paragraph num="(a)"> <text>A utility shall designate a circuit a closed circuit if there is no remaining hosting capacity.</text> </paragraph> <paragraph num="(b)"> <text>A utility shall designate a circuit a restricted circuit if only reserve hosting capacity is available.</text> </paragraph> <paragraph num="(c)"> <text>A utility shall determine the amount of reserve hosting capacity on a restricted circuit based on a circuit-specific assessment of distributed energy resource forecasts or other factors, including customer density, type of area served, and customer demographics of the circuit.</text> </paragraph> <paragraph num="(d)"> <text>A utility may determine the aggregate generation of a small generator facility permitted to use an electric distribution circuit’s reserve hosting capacity and publish this information on their website.</text> </paragraph> <paragraph num="(e)"> <text>A utility shall report their closed circuits, restricted circuits, and reserve hosting capacity in their hosting capacity reporting system.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>A utility may submit for the Commission’s review and approval a hosting capacity upgrade plan or multiple plans to address or otherwise increase the utility’s existing distribution aggregate circuit hosting capacity limits across the system, or in a specific area of an electric utility’s system, that are forecasted to be congested in the future if the utility’s forecast of distributed energy resource growth exceeds existing hosting capacity. These plans may be considered by the Commission if primary voltage hosting capacity upgrade fees, pursuant to §R of this regulation, exceed a threshold of the utility’s average cost per kilowatt for their aggregate customer funded hosting capacity upgrade projects completed in the previous year, unless good cause exists for a utility to request a waiver of this requirement.</text> </paragraph> <paragraph num="(3)"> <text>Hosting capacity upgrade plans that are submitted by a utility shall include:</text> <paragraph num="(a)"> <text>A description of the electric system areas to be included in the hosting capacity upgrade plan at the feeder and substation level;</text> </paragraph> <paragraph num="(b)"> <text>A description of the assumptions used for establishing and prioritizing the area covered by the hosting capacity upgrade plan and associated forecasts and timeline for hosting capacity utilization;</text> </paragraph> <paragraph num="(c)"> <text>A description of the assumptions used for modeling and establishing the cost of the hosting capacity upgrade plan;</text> </paragraph> <paragraph num="(d)"> <text>If the plan proposes that ratepayers bear any costs that would not be paid by future interconnection customers, a justification for the percentage cost allocation proposed between interconnection customers and ratepayers, including descriptions of:</text> <paragraph num="(i)"> <text>How the proposed cost allocation was developed and what alternatives were considered, explaining and quantifying the benefits ratepayers are expected to receive from the upgrade; and</text> </paragraph> <paragraph num="(ii)"> <text>How the utility engaged with stakeholders, particularly the ratepayer advocate’s office, the Maryland Office of People’s Counsel, in the development of the utility’s cost allocation proposal;</text> </paragraph> </paragraph> <paragraph num="(e)"> <text>A description of the proposed cost allocation method in terms of dollars per kilowatt for a primary voltage hosting capacity fee for an interconnection customer;</text> </paragraph> <paragraph num="(f)"> <text>A description of the proposed cost allocation to ratepayers and the risks to ratepayers of unallocated hosting capacity upgrade costs if the hosting capacity upgrade does not become fully utilized; and</text> </paragraph> <paragraph num="(g)"> <text>A proposal for utility cost recovery that describes how hosting capacity upgrade costs shall be offset by future utility revenues from interconnection customers.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>A utility shall have a procedure for calculating hosting capacity accounting for either gross peak or gross minimum loading based on good engineering practice.</text> </paragraph> <paragraph num="(5)"> <text>The utility shall perform a representative sample of hosting capacity calculation validation checks at least annually, or more frequently in areas experiencing significant growth or distributed energy resource penetration. The hosting capacity calculation validation check frequency shall account for the utility's experience, good engineering practices, and judgment.</text> </paragraph> </paragraph> <paragraph num="R."> <text>Maryland Cost Allocation Method.</text> <paragraph num="(1)"> <text>Within 1 year of the effective date of this regulation, electric utilities shall submit an electric utility service tariff for Commission approval for a primary voltage hosting capacity cost sharing and allocation methodology for interconnection customers, as follows:</text> <paragraph num="(a)"> <text>The default hosting capacity cost sharing and allocation methodology for primary voltage interconnection customers shall be based on locational pricing to incentivize interconnection in areas with higher available hosting capacity and disincentivize interconnection in areas with lower available hosting capacity.</text> </paragraph> <paragraph num="(b)"> <text>A utility may petition the Commission to implement a hosting capacity cost sharing and allocation methodology for primary voltage interconnection customers that is not locationally based for “good cause” in their tariff filing.</text> </paragraph> <paragraph num="(c)"> <text>An interconnection request shall be eligible for hosting capacity cost sharing and allocation under this section unless they are exempted for the following reasons:</text> <paragraph num="(i)"> <text>The interconnection request is subject to the PJM Interconnection, LLC Tariff;</text> </paragraph> <paragraph num="(ii)"> <text>The interconnection request is in an area with its cost allocation governed by a hosting capacity upgrade plan approved by the Commission;</text> </paragraph> <paragraph num="(iii)"> <text>The interconnection is on a dedicated primary voltage feeder that may not benefit any other interconnection customer;</text> </paragraph> <paragraph num="(iv)"> <text>The interconnection is on a dedicated secondary voltage facility that may not benefit any other interconnection customer;</text> </paragraph> <paragraph num="(v)"> <text>The interconnection request is on an AC distribution grid or spot network; or</text> </paragraph> <paragraph num="(vi)"> <text>Other good cause as documented by the utility and reported, pursuant to Regulation .14 of this chapter.</text> </paragraph> </paragraph> <paragraph num="(d)"> <text>If an interconnection request is exempted, pursuant to §R(1)(c) of this regulation, the interconnection customer shall pay all interconnection costs as determined by the utility, unless the interconnection request is subject to the PJM Tariff or the interconnection request is in an area with its cost allocation governed by a hosting capacity upgrade plan approved by the Commission.</text> </paragraph> <paragraph num="(e)"> <text>If sufficient hosting capacity is not available at a point of interconnection for a primary voltage interconnection customer, an electric utility may propose a hosting capacity upgrade project to the interconnection customer or customers, as follows:</text> <paragraph num="(i)"> <text>The utility shall charge the primary voltage interconnection customer a hosting capacity fee for its share of the primary voltage hosting capacity upgrade cost proportional to the interconnection customer’s utilization of hosting capacity.</text> </paragraph> <paragraph num="(ii)"> <text>If more than one interconnection request exists in the interconnection queue that shall benefit from the electric utility proposed hosting capacity upgrade project, these interconnection customers shall be clustered together for the purpose of calculating hosting capacity fees.</text> </paragraph> <paragraph num="(iii)"> <text>Hosting capacity fees for clustered interconnection customers shall be calculated proportional to each interconnection customer’s utilization of the hosting capacity created by the hosting capacity upgrade project.</text> </paragraph> <paragraph num="(iv)"> <text>All hosting capacity upgrade costs in excess of hosting capacity fees collected shall be accumulated in a separate unallocated primary voltage hosting capacity upgrade cost account for future allocation to primary voltage interconnection customers.</text> </paragraph> <paragraph num="(v)"> <text>Unallocated hosting capacity upgrade costs for primary voltage interconnection customers shall be shared and allocated to other primary voltage interconnection customers using a primary voltage hosting capacity cost sharing and allocation methodology in an electric utility service tariff approved by the Commission.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(2)"> <text>Within 1 year of the effective date of this regulation, electric utilities shall submit an electric utility service tariff for Commission approval for a secondary voltage cost sharing and fee for both residential and commercial interconnection customers, as follows:</text> <paragraph num="(a)"> <text>If sufficient hosting capacity is not available at a point of interconnection for a secondary voltage interconnection customer, an electric utility may construct a hosting capacity upgrade project for the interconnection customer or customers.</text> </paragraph> <paragraph num="(b)"> <text>All secondary voltage hosting capacity upgrade costs shall be accumulated in separate unallocated accounts for both residential and commercial secondary voltage interconnection customers for future allocation in hosting capacity fees.</text> </paragraph> <paragraph num="(c)"> <text>Unallocated hosting capacity upgrade costs for both residential and commercial secondary voltage interconnection customers shall be shared and allocated to other secondary voltage interconnection customers using a hosting capacity cost sharing and allocation fee in an electric utility service tariff approved by the Commission.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Hosting capacity fees for primary voltage interconnection customers shall be reset using a cost sharing and allocation methodology approved by the Commission in an electric utility service tariff filing whenever a change in methodology is proposed, unless the fee is zero or the fee change is less than $1 per kilowatt.</text> </paragraph> <paragraph num="(4)"> <text>Hosting capacity fees for secondary voltage interconnection customers shall be reset annually using a cost sharing and allocation methodology approved by the Commission unless the fee is zero or the fee change is less than $1 per kilowatt from the current fee in the electric utility’s service tariff.</text> </paragraph> <paragraph num="(5)"> <text>A utility may submit for Commission approval an administrative charge in its service tariff to recover its administrative costs for managing the cost sharing and allocation methodology for primary and secondary voltage interconnection customers.</text> </paragraph> <paragraph num="(6)"> <text>A utility shall describe all hosting capacity upgrade project rightsizing projects describing their forecasts, inputs, and assumptions in their next rate case to assist stakeholders in a prudency review.</text> </paragraph> </paragraph> <paragraph num="S."> <text>Vehicle to Grid Interconnection.</text> <paragraph num="(1)"> <text>A V2G System shall meet the following requirements:</text> <paragraph num="(a)"> <text>The interconnection customer for a V2G system shall submit an interconnection request pursuant to Regulation .04 of this chapter.</text> </paragraph> <paragraph num="(b)"> <text>A V2G system interconnection shall be valid only at a single point of interconnection specified in the interconnection agreement. Additional locations shall require additional interconnection reviews and associated interconnection agreements.</text> </paragraph> <paragraph num="(c)"> <text>An electric company shall consider a V2G system to be an energy storage device pursuant to Regulation .02B of this chapter for the purpose of evaluating the electrical performance requirements applicable to an interconnection request.</text> </paragraph> <paragraph num="(d)"> <text>Characteristics of energy storage systems that do not and cannot apply to the use of EVs as connected energy storage units shall not be required of V2G systems operated as energy storage.</text> </paragraph> <paragraph num="(e)"> <text>A V2G system shall not be authorized in bidirectional mode while in parallel operation with the local electric power system unless an interconnection agreement is in place between the interconnection customer and the relevant electric utility and the interconnection customer has received a permission to operate from the electric company.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>An electric company may delay interconnection of a V2G system to provide adequate time to ensure electric distribution system safety and reliability in advance of vehicle-to-grid interconnections pursuant to applicable requirements in Regulation .09 of this chapter for Level 1 Review, Regulation .10 of this chapter for a Level 2 Review, Regulation .11 of this chapter for a Level 3 Review, and Regulation .12 of this chapter for a Level 4 Review.</text> </paragraph> <paragraph num="(3)"> <text>To ensure safety, reliability and V2G functionality for DC EVSE V2G Systems, the interconnection agreement shall require adherence to UL 1741 incorporated by reference in COMAR 20.50.02.02(I).</text> </paragraph> <paragraph num="(4)"> <text>To ensure safety, reliability and V2G functionality for AC EVSE V2G Systems there are two acceptable certification pathways for which only one certification pathway shall be required in an interconnection agreement:</text> <paragraph num="(a)"> <text>Certification pathway 1 is as follows:</text> <paragraph num="(i)"> <text>UL 1741 incorporated by reference in COMAR 20.50.02.02(I) and UL 2594 incorporated by reference in COMAR 20.50.02.02(N) for a V2G Ready EVSE; and</text> </paragraph> <paragraph num="(ii)"> <text>SAE J3072 incorporated by reference in COMAR 20.50.02.02(O) for a bidirectional electric vehicle.</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>Certification pathway 2 is as follows:</text> <paragraph num="(i)"> <text>UL 9741 incorporated by reference in COMAR 20.50.02.02(M) for V2G Ready EVSE; and</text> </paragraph> <paragraph num="(ii)"> <text>UL 1741 SB under the QIKP Grid Interconnection Performance Certification for a bidirectional electric vehicle and V2G Ready EVSE.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(5)"> <text>If applicable, certifications pursuant to Regulation .06S(4) of this chapter are not available or safety, reliability, and V2G functionality cannot be ensured:</text> <paragraph num="(a)"> <text>The utility may require reasonable alternative methods such as protective relaying equipment, a power control system, or other alternative methods in an interconnection agreement; or</text> </paragraph> <paragraph num="(b)"> <text>If safety, reliability and V2G functionality cannot be ensured through certifications or reasonable alternative methods, an electric company shall deny the interconnection request.</text> </paragraph> </paragraph> <paragraph num="(6)"> <text>A V1G System shall meet the following requirements.</text> <paragraph num="(a)"> <text>An interconnection request, interconnection agreement, and an electric company permission to operate is not required for a V1G Ready EVSE provided that the V1G Ready EVSE is configured to only allow V1G operation in compliance with relevant standards.</text> </paragraph> <paragraph num="(b)"> <text>A V2G System that operates as a V1G Ready EVSE shall be accepted by an electric company using a method for notification form submittal as determined by the electric company. The notification form used by the electric company shall only require information required to attest to V1G operation and not duplicate an interconnection request.</text> </paragraph> <paragraph num="(c)"> <text>A V1G Ready EVSE shall not be changed to a V2G Ready EVSE without first receiving an interconnection request and permission to operate from the utility.</text> </paragraph> <paragraph num="(d)"> <text>Only the EVSE manufacturer or a manufacturer approved third party entity may reprogram or reconfigure an EVSE to bidirectional operation.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Certified and Approved Equipment."> <paragraph num="A."> <text>After January 1, 2024, any small generator facility inverter for which an interconnection request is submitted shall be deemed certified and approved if it meets the requirements of IEEE Standard 1547-2018 and UL Standard 1741-SB, except for inverters purchased pursuant to Regulation .06N(2) of this chapter.</text> </paragraph> <paragraph num="B."> <text>After January 1, 2024, any small generator facility shall be deemed approved if the interconnection equipment including interface components such as switchgear, multifunction relays, or other interface devices are compatible with the interconnection equipment, pursuant to witness test requirements pursuant to Regulation .06L of this chapter.</text> </paragraph> <paragraph num="C."> <text>An electric utility shall approve a meter collar adapter model for installation in its Maryland service area for specific compatible meter configurations and customer applications, provided that the meter collar adapter model meets the following criteria:</text> <paragraph num="(1)"> <text>The meter collar adapter model is approved or listed by a nationally recognized testing laboratory;</text> </paragraph> <paragraph num="(2)"> <text>The meter collar adapter model is approved for use in utility service areas, unless sufficient rational for disapproval is provided by an electric utility;</text> </paragraph> <paragraph num="(3)"> <text>All meter collar model installations, access, testing, inspections, servicing, and removals shall only be performed by a qualified person as agreed between the utility and the meter collar manufacturer;</text> </paragraph> <paragraph num="(4)"> <text>The meter collar adapter model design does not impede access to the sealed meter socket compartment, or to the meter itself by a qualified person;</text> </paragraph> <paragraph num="(5)"> <text>The meter collar adapter model is compatible with the National Electric Code; and</text> </paragraph> <paragraph num="(6)"> <text>The meter collar adapter model is compatible to the specific meter configurations and customer applications to ensure that the meter collar adapter is capable of being safely and reliably inserted into a meter socket to maintain a secure connection with both the meter socket and the utility meter.</text> </paragraph> </paragraph> <paragraph num="D."> <text>An electric utility shall approve or disapprove a meter collar adapter model for installation in its service area no later than 90 days after a meter collar manufacturer submits a request for approval of the meter collar adapter, and a utility’s procedures shall be updated within 90 days of utility approval.</text> </paragraph> <paragraph num="E."> <text>An electric utility shall provide an explanation to the requesting meter collar manufacturer explaining the reasons any meter collar adapter model application was denied.</text> </paragraph> <paragraph num="F."> <text>A requesting meter collar adapter manufacturer may appeal the utility decision to the Commission using the dispute resolution process in Regulation .13 of this chapter.</text> </paragraph> <paragraph num="G."> <text>An electric utility shall provide public notice of all decisions approving a meter collar adapter model by posting the information on the utility’s website.</text> </paragraph> <paragraph num="H."> <text>An electric utility shall authorize the installation and operation of a utility-approved meter collar adapter for a customer installation, provided the meter collar adapter meets the following criteria:</text> <paragraph num="(1)"> <text>The meter collar adapter is qualified to be connected to the supply side of the service disconnect, pursuant to the applicable provisions of the National Electric Code;</text> </paragraph> <paragraph num="(2)"> <text>The meter collar adapter is rated for the meter socket into which it is intended to be installed;</text> </paragraph> <paragraph num="(3)"> <text>The meter collar adapter does not exceed the weight bearing limits of a meter socket;</text> </paragraph> <paragraph num="(4)"> <text>Multiple meter collar adapters are not stacked in a meter socket; and</text> </paragraph> <paragraph num="(5)"> <text>The meter collar adapter does not disable this excessive heating detection capability of AMI meters.</text> </paragraph> </paragraph> <paragraph num="I."> <text>A utility shall uninstall an approved meter collar adapter in the aggregate if any deficiencies are found after installation that result in safety or operational concerns, if these concerns cannot be remediated by a customer for a specific installation or by a meter collar adapter manufacturer, in the aggregate.</text> </paragraph> <paragraph num="J."> <text>The determination of violations in this regulation and the assessment of related civil penalties and corrective action plans shall be delegated to the Engineering Division.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Determination of Interconnection Jurisdiction and Level of Utility Review of Interconnection Request."> <paragraph num="A."> <text>A utility shall determine within 10 business days the interconnection jurisdiction pursuant to Regulation .01 of this chapter and the level of utility review required for an interconnection request based on nameplate capacity.</text> </paragraph> <paragraph num="B."> <text>A utility shall use a Level 1 procedure to evaluate an interconnection request to connect an inverter-based small generator facility when the small generator facility, or multiple small generator facilities interconnecting at a point of common coupling, has a nameplate capacity of 20kW or less.</text> </paragraph> <paragraph num="C."> <text>A utility shall use a Level 2 procedure to evaluate an interconnection request when:</text> <paragraph num="(1)"> <text>The following criteria are met:</text> <paragraph num="(a)"> <text>The small generation facility, or multiple small generator facilities interconnecting at a point of common coupling, has a nameplate capacity of 2 MW or less;</text> </paragraph> <paragraph num="(b)"> <text>The interconnection equipment is lab-certified or field-approved; and</text> </paragraph> <paragraph num="(c)"> <text>The proposed interconnection is to a radial distribution circuit, or a spot network limited to serving one customer; or</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Alternatively, the small generator facility was reviewed under Level 1 review procedures but not approved, and the applicant has submitted a new interconnection request for consideration.</text> </paragraph> </paragraph> <paragraph num="D."> <text>A utility shall use a Level 3 procedure to evaluate an interconnection request to area networks and radial distribution circuits when electric power is not exported to the electric distribution system based on the following criteria:</text> <paragraph num="(1)"> <text>For interconnection requests to the load side of an area network:</text> <paragraph num="(a)"> <text>The nameplate capacity of the small generator facility, or multiple small generator facilities interconnecting at a point of common coupling, is less than or equal to 50 kW;</text> </paragraph> <paragraph num="(b)"> <text>The proposed small generator facility utilizes a lab-certified inverter-based equipment package;</text> </paragraph> <paragraph num="(c)"> <text>The small generator facility utilizes reverse power relays, other protection functions, or both, that prevent the export of power into the area network;</text> </paragraph> <paragraph num="(d)"> <text>The aggregate generation on the area network does not exceed the smaller of 5 percent of an area network's maximum load or 50 kW; and</text> </paragraph> <paragraph num="(e)"> <text>Construction of facilities by the electric distribution company is not required to accommodate the small generator facility; or</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>For interconnection requests to a radial distribution circuit:</text> <paragraph num="(a)"> <text>The small generator facility has a nameplate capacity of 10 MW or less;</text> </paragraph> <paragraph num="(b)"> <text>The aggregate generation on the circuit, including the proposed small generator facility, is 10 MW or less;</text> </paragraph> <paragraph num="(c)"> <text>The small generator facility will use reverse power relays or other protection functions that prevent power flow onto the electric distribution system;</text> </paragraph> <paragraph num="(d)"> <text>The small generator facility is not served by a shared transformer; and</text> </paragraph> <paragraph num="(e)"> <text>Construction of facilities by the utility on its own electric distribution system is not required to accommodate the small generator facility.</text> </paragraph> </paragraph> </paragraph> <paragraph num="E."> <text>A utility shall use the Level 4 procedures for evaluating interconnection requests if:</text> <paragraph num="(1)"> <text>The interconnection request cannot be approved under a Level 1, Level 2, or Level 3 review, and the applicant has submitted an interconnection request for consideration under a Level 4 study review; and</text> </paragraph> <paragraph num="(2)"> <text>The interconnection request does not meet the criteria for qualifying for a review under Level 1, Level 2, or Level 3 review procedures.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".09" heading="Level 1 Review."> <paragraph num="A."> <text>The utility shall evaluate a Level 1 small generator facility for the potential for adverse system impacts using net system capacity, pursuant to Regulation .06A and B of this chapter, unless nameplate capacity is specifically required using the following:</text> <paragraph num="(1)"> <text>For interconnection of a proposed small generator facility:</text> <paragraph num="(a)"> <text>To a radial distribution circuit, the aggregate generation on the circuit, including the proposed small generator facility, may not exceed 15 percent of the line section annual peak load as most recently measured at the substation or calculated for the line section; or</text> </paragraph> <paragraph num="(b)"> <text>To a spot network:</text> <paragraph num="(i)"> <text>On the load side of spot network protectors, the proposed small generator facility shall utilize an inverter-based equipment package;</text> </paragraph> <paragraph num="(ii)"> <text>The interconnection equipment proposed for the small generator facility is lab-certified; and</text> </paragraph> <paragraph num="(iii)"> <text>The aggregate generation of all interconnected small generator facilities may not exceed 5 percent of the spot network's maximum load if the spot network serves more than one customer;</text> </paragraph> </paragraph> </paragraph> <paragraph num="(2)"> <text>When a proposed small generator facility is to be interconnected on a single-phase shared secondary line, the aggregate generation on the shared secondary line, including the proposed small generator facility, may not exceed 20 kW;</text> </paragraph> <paragraph num="(3)"> <text>When a proposed small generator facility is single-phase and is to be interconnected on a center tap neutral of a 240 volt service, its addition may not create an imbalance between the two sides of the 240 volt service of more than 20 percent of the nameplate rating of the service transformer;</text> </paragraph> <paragraph num="(4)"> <text>As an alternative non-mandatory method to evaluate the adverse system impacts of a proposed Level 1 small generator facility on the distribution system, as described in §A(1)—(3) of this regulation, or as a mandatory next step prior to rejecting an interconnection request, pursuant to §E of this regulation, for Level 1 Review Failure, a utility may use a power-flow based analysis system with modeling of IEEE 1547-2018 inverter capabilities as follows, if its use may change the analysis result as determined by the utility:</text> <paragraph num="(a)"> <text>For primary voltage systems, within 6 months of the effective date of this regulation; and</text> </paragraph> <paragraph num="(b)"> <text>For secondary voltage systems, within 2 years of the effective date of this regulation;</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>Modification or construction of additional interconnection facilities by the utility on its distribution system, except for metering or a minor system modification, is not required to accommodate the small generator facility; and</text> </paragraph> <paragraph num="(6)"> <text>If the proposed interconnection requires a minor system modification, the utility shall notify the applicant of that requirement when it provides the Level 1 evaluation result, as follows:</text> <paragraph num="(a)"> <text>The applicant shall inform the utility within 10 business days if the applicant elects to continue the application;</text> </paragraph> <paragraph num="(b)"> <text>If the applicant makes such an election, the utility shall provide an interconnection agreement, along with a non-binding good faith cost estimate and construction schedule for those upgrades, to the applicant within 30 calendar days after the utility receives such an election; and</text> </paragraph> <paragraph num="(c)"> <text>The applicant shall have 30 calendar days, or other mutually agreeable time frame after receipt of the interconnection agreement, to sign and return such agreement.</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>The utility in conducting a Level 1 interconnection review shall:</text> <paragraph num="(1)"> <text>Within 5 business days after receipt of the interconnection request, inform the applicant that the interconnection request is:</text> <paragraph num="(a)"> <text>Complete; or</text> </paragraph> <paragraph num="(b)"> <text>Incomplete and what materials are missing; and</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Within 15 business days after the utility notifies the applicant that the application is complete under §B(1) of this regulation, verify that the small generator facility can be interconnected safely and reliably under §A of this regulation.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Unless the utility determines and demonstrates that a small generator facility cannot be interconnected safely or reliably to its electric distribution system, the utility shall approve the interconnection request and provide a permission to operate notice within 20 business days of receipt of acceptable documents, subject to the following conditions:</text> <paragraph num="(1)"> <text>The small generator facility has been approved by local or municipal electric code officials with jurisdiction over the interconnection;</text> </paragraph> <paragraph num="(2)"> <text>A certificate of completion has been returned to the utility;</text> </paragraph> <paragraph num="(3)"> <text>The witness test has been successfully completed or waived by the utility; and</text> </paragraph> <paragraph num="(4)"> <text>The applicant has signed an interconnection agreement.</text> </paragraph> </paragraph> <paragraph num="D."> <text>If an applicant does not sign the interconnection agreement within 30 calendar days after receipt from the utility, the interconnection request is considered withdrawn unless the applicant requests to have the deadline extended. A request for extension may not be unreasonably denied by the utility.</text> </paragraph> <paragraph num="E."> <text>Level 1 Review Failure.</text> <paragraph num="(1)"> <text>If the small generator facility is not approved under a Level 1 review, the utility shall provide the applicant a letter explaining its reasons for denying the interconnection request.</text> </paragraph> <paragraph num="(2)"> <text>If a small generator facility fails a Level 1 review, the utility may approve the interconnection request if the small generator facility can be interconnected safely and reliably to the utility’s electric distribution system.</text> </paragraph> <paragraph num="(3)"> <text>When a small generator facility is not approved under a Level 1 review, the applicant may submit a new interconnection request for consideration under Level 2, Level 3, or Level 4 procedures.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".10" heading="Level 2 Review."> <paragraph num="A."> <text>The utility shall evaluate a Level 2 small generator facility for the potential for adverse system impacts using net system capacity, pursuant to Regulation .06A and B of this chapter, unless nameplate capacity is specifically required using the following:</text> <paragraph num="(1)"> <text>For interconnection of a proposed small generator facility:</text> <paragraph num="(a)"> <text>To a radial distribution circuit, the aggregate generation on the circuit, including the proposed small generator facility, may not exceed 15 percent of the line section annual peak load most recently measured at the substation or calculated for the line section; or</text> </paragraph> <paragraph num="(b)"> <text>To a spot network:</text> <paragraph num="(i)"> <text>When the interconnection of a proposed small generator facility is to the load side of spot network protectors, the proposed small generator facility shall utilize an inverter-based equipment package;</text> </paragraph> <paragraph num="(ii)"> <text>The applicant's interconnection equipment proposed for the small generator facility shall be lab-certified or field-approved; and</text> </paragraph> <paragraph num="(iii)"> <text>A small generator facility, when aggregated with other generation, the aggregate generation on the spot network, may not exceed 5 percent of a spot network's maximum load if the spot network serves more than one customer;</text> </paragraph> </paragraph> </paragraph> <paragraph num="(2)"> <text>For fault current limitations:</text> <paragraph num="(a)"> <text>The nameplate capacity of the proposed small generator facility, in aggregation with other generation and energy storage devices on the distribution circuit, may not contribute more than 10 percent to the electric distribution circuit's maximum fault current at the point on the primary line nearest the point of interconnection;</text> </paragraph> <paragraph num="(b)"> <text>The nameplate capacity of the proposed small generator facility, in aggregation with other generation and energy storage devices on the distribution circuit, may not cause any distribution protective devices and equipment including substation breakers, fuse cutouts, and line reclosers, or other customer equipment on the electric distribution system to be exposed to fault currents exceeding 90 percent of the short circuit interrupting capability; and</text> </paragraph> <paragraph num="(c)"> <text>The interconnection request may not request interconnection on a circuit that already exceeds 90 percent of the short circuit interrupting capability;</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>The proposed small generator facility's point of interconnection may not be on a transmission line;</text> </paragraph> <paragraph num="(4)"> <text>When a small generator facility is to be connected to 3-phase, 3-wire primary utility distribution lines, a 3-phase or single-phase generator shall be connected phase-to-phase;</text> </paragraph> <paragraph num="(5)"> <text>When a small generator facility is to be connected to 3-phase, 4-wire primary utility distribution lines, a 3-phase or single-phase generator will be connected line-to-neutral and will be effectively grounded;</text> </paragraph> <paragraph num="(6)"> <text>When the proposed small generator facility is to be interconnected on single-phase shared secondary line, the aggregate generation on the shared secondary line, including the proposed small generator facility, may not exceed 20 kW;</text> </paragraph> <paragraph num="(7)"> <text>When a proposed small generator facility is single-phase and is to be interconnected on a center tap neutral of a 240 volt service, its addition may not create an imbalance between the two sides of the 240 volt service of more than 20 percent of the nameplate rating of the service transformer;</text> </paragraph> <paragraph num="(8)"> <text>A small generator facility, in aggregate with other generation and energy storage devices interconnected to the distribution side of a substation transformer feeding the circuit where the small generator facility proposes to interconnect, the aggregate generation may not exceed 10 MW in an area where there are known or posted transient stability limitations to generating units located in the general electrical vicinity;</text> </paragraph> <paragraph num="(9)"> <text>As an alternative non-mandatory method to evaluate the adverse system impacts of a proposed Level 2 small generator facility on the distribution system, as described in §A(1)—(8) of this regulation, or as a mandatory next step prior to rejecting an interconnection request, pursuant to §F of this regulation, for Level 2 Review Failure, a utility may use a power-flow based analysis system with modeling of IEEE 1547-2018 inverter capabilities as follows, if its use may change the analysis result as determined by the utility:</text> <paragraph num="(a)"> <text>For primary voltage systems, within 6 months of the effective date of this regulation; and</text> </paragraph> <paragraph num="(b)"> <text>For secondary voltage systems, within 2 years of the effective date of this regulation;</text> </paragraph> </paragraph> <paragraph num="(10)"> <text>Except as permitted by an additional review in §G of this regulation, no modification or construction of additional facilities by a utility of its distribution system, with the exception of metering or a minor system modification, shall be required to accommodate the small generator facility; and</text> </paragraph> <paragraph num="(11)"> <text>If the proposed interconnection facility requires a site-specific utility required inverter settings profile review or a minor system modification without further study review needed, the utility shall notify the applicant of that requirement when it provides the Level 2 evaluation result, as follows:</text> <paragraph num="(a)"> <text>The applicant must inform the utility within 10 business days if the applicant elects to continue the application;</text> </paragraph> <paragraph num="(b)"> <text>If the applicant makes such an election, the utility shall provide an interconnection agreement, along with a non-binding good faith cost estimate and construction schedule for any minor system modifications to the applicant within 30 calendar days after the utility receives such an election; and</text> </paragraph> <paragraph num="(c)"> <text>The applicant shall have 30 calendar days, or other mutually agreeable time frame after receipt of the interconnection agreement, to sign and return such agreement.</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>A utility shall, within 5 business days after receipt of the interconnection request, inform the applicant that the interconnection request is:</text> <paragraph num="(1)"> <text>Complete; or</text> </paragraph> <paragraph num="(2)"> <text>Incomplete and what materials are missing;</text> </paragraph> </paragraph> <paragraph num="C."> <text>Queue Position.</text> <paragraph num="(1)"> <text>When an interconnection request is complete, the utility shall assign a queue position.</text> </paragraph> <paragraph num="(2)"> <text>The queue position of the interconnection request shall be used to determine the potential adverse system impact of the small generator facility based on the relevant screening criteria.</text> </paragraph> <paragraph num="(3)"> <text>The utility shall notify the applicant of any other higher queue position applicants on the same line section or spot network for which interconnection is sought.</text> </paragraph> <paragraph num="(4)"> <text>Queue position may not be forfeited or otherwise impacted by the submission of a dispute under the provisions of Regulation .13 of this chapter.</text> </paragraph> </paragraph> <paragraph num="D."> <text>When a utility determines additional information is required to complete an evaluation:</text> <paragraph num="(1)"> <text>The utility shall request the information;</text> </paragraph> <paragraph num="(2)"> <text>The time necessary to complete the evaluation may be extended, but only to the extent of the delay required for receipt of the additional information; and</text> </paragraph> <paragraph num="(3)"> <text>When additional information is required, the utility may not revert to the start of the review process or alter the applicant's queue position.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Within 20 business days after the utility notifies the applicant it has received a completed interconnection request, the utility shall:</text> <paragraph num="(1)"> <text>Evaluate the interconnection request using the Level 2 screening criteria;</text> </paragraph> <paragraph num="(2)"> <text>Review the applicant's analysis, if provided by applicant, using the same criteria;</text> </paragraph> <paragraph num="(3)"> <text>Provide the applicant with the utility's evaluation, including a comparison of the results of its own analyses with those of applicant, if applicable; and</text> </paragraph> <paragraph num="(4)"> <text>When a utility does not have a record of receipt of the interconnection request and the applicant can demonstrate that the original interconnection request was delivered, expedite its review to complete the evaluation of the interconnection request within 20 business days.</text> </paragraph> </paragraph> <paragraph num="F."> <text>Failure to Meet Level 2 Criteria.</text> <paragraph num="(1)"> <text>Additional review may be appropriate when a small generator facility has failed to meet one or more of the Level 2 criteria of §A of this regulation.</text> </paragraph> <paragraph num="(2)"> <text>A utility shall:</text> <paragraph num="(a)"> <text>Within 30 calendar days, offer to perform additional review to determine whether minor system modifications or a site-specific utility required inverter settings profile would enable the interconnection to be made consistent with safety, reliability, and power quality criteria;</text> </paragraph> <paragraph num="(b)"> <text>Provide the applicant with a nonbinding, good faith estimate of the costs of the additional review and minor system modifications; and</text> </paragraph> <paragraph num="(c)"> <text>Advise the applicant if a limited export customer agreement could be used to facilitate reliable and safe interconnection to the electric distribution system.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>The utility shall undertake the additional review only if the applicant agrees within 10 business days to pay for the cost of the review, which may be extended at the request of the applicant. A request for extension may not be unreasonably denied by the utility.</text> </paragraph> <paragraph num="(4)"> <text>If the review identifies the need for modifications to the distribution system, the utility shall make the necessary modifications only if the interconnection customer agrees to pay for the cost of the modifications.</text> </paragraph> </paragraph> <paragraph num="G."> <text>Interconnection Agreement.</text> <paragraph num="(1)"> <text>When a utility determines that the interconnection request passes the Level 2 screening criteria, or fails one or more of the Level 2 screening criteria but determines that the small generator facility can be interconnected safely and reliably, the utility shall provide the applicant an interconnection agreement within 5 business days after the determination.</text> </paragraph> <paragraph num="(2)"> <text>The applicant shall have either 30 calendar days, or another mutually agreeable time frame after receipt of the interconnection agreement, to sign and return the interconnection agreement.</text> </paragraph> <paragraph num="(3)"> <text>If the applicant does not sign the interconnection agreement within 30 calendar days, the request shall be considered withdrawn unless the applicant and utility mutually agree to extend the time period for executing the interconnection agreement prior to the expiration of the 30-calendar-day calendar period. A request for extension may not be unreasonably denied by the utility.</text> </paragraph> <paragraph num="(4)"> <text>After the interconnection agreement is signed by the applicant and utility, interconnection of the small generator facility shall proceed according to any milestones agreed to by the applicant and utility in the interconnection agreement.</text> </paragraph> <paragraph num="(5)"> <text>The utility shall approve the interconnection request and provide a permission to operate notice within 20 business days of receipt of acceptable documents, subject to the following conditions:</text> <paragraph num="(a)"> <text>All milestones agreed to in the interconnection agreement are satisfied;</text> </paragraph> <paragraph num="(b)"> <text>The small generator facility is approved by electric code officials with jurisdiction over the interconnection;</text> </paragraph> <paragraph num="(c)"> <text>The applicant provides a certificate of completion to the utility;</text> </paragraph> <paragraph num="(d)"> <text>Upon request of the utility, the applicant provides one or more photographs of the small generator facility site location, components, metering equipment, and other related facilities and equipment; and</text> </paragraph> <paragraph num="(e)"> <text>There is a successful completion of the witness test, if conducted by the utility.</text> </paragraph> </paragraph> </paragraph> <paragraph num="H."> <text>Level 2 Review Failure.</text> <paragraph num="(1)"> <text>If the small generator facility is not approved under a Level 2 review, the utility shall provide the applicant written notification explaining its reasons for denying the interconnection request.</text> </paragraph> <paragraph num="(2)"> <text>The applicant may submit a new interconnection request for consideration under a Level 3 or Level 4 interconnection review; however, the queue position assigned to the Level 2 interconnection request shall be retained provided the request is made within 15 business days of notification that the current Level 2 interconnection request is denied.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".11" heading="Level 3 Review."> <paragraph num="A."> <text>The utility shall use the Level 3 review procedure for an interconnection request that meets the Level 3 criteria in Regulation .08 of this chapter.</text> </paragraph> <paragraph num="B."> <text>Queue Position.</text> <paragraph num="(1)"> <text>Once the interconnection request is considered complete by the utility, the utility shall assign a queue position based upon the date and time the interconnection request is determined to be complete.</text> </paragraph> <paragraph num="(2)"> <text>The queue position of each interconnection request shall be used to determine the potential adverse system impact of the small generator facility based on the relevant screening criteria.</text> </paragraph> <paragraph num="(3)"> <text>The utility shall notify the applicant of any other higher queue position applicants on the same radial line or area network that the applicant is seeking to interconnect to.</text> </paragraph> <paragraph num="(4)"> <text>Queue position may not be forfeited or otherwise impacted by any pending dispute submitted under the provisions of Regulation .13 of this chapter.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Interconnection requests meeting the requirements set forth in Regulation .08 of this chapter for nonexporting small generator facilities interconnecting to an area network shall be presumed by the utility to be appropriate for interconnection. The utility shall process the interconnection request to area networks using the following procedures:</text> <paragraph num="(1)"> <text>The utility shall evaluate the interconnection request under Level 2 interconnection review procedures as set forth in Regulation .10 of this chapter, except that the utility shall have 25 business days to conduct an area network impact study to determine any potential adverse system impact of interconnecting to the utility's area network;</text> </paragraph> <paragraph num="(2)"> <text>If the area network impact study identifies potential adverse system impacts, the utility may determine at its sole discretion that it is inappropriate for the small generator facility to interconnect to the area network, in which case the interconnection request shall be denied; however, the applicant may elect to submit a new interconnection request for consideration under Level 4 procedures, in which case the queue position assigned to the Level 3 interconnection request will be retained provided the request is made within 15 business days of notification that the current application is denied;</text> </paragraph> <paragraph num="(3)"> <text>The utility shall conduct the area network impact study at its own expense; and</text> </paragraph> <paragraph num="(4)"> <text>In the event the utility denies the interconnection request, the utility shall provide the applicant with a copy of its area network impact study and written justification for denying the interconnection request.</text> </paragraph> </paragraph> <paragraph num="D."> <text>When an interconnection request meets the requirements of Regulation .08 of this chapter for nonexporting small generator facilities interconnecting to a radial distribution circuit, the utility shall:</text> <paragraph num="(1)"> <text>Evaluate the interconnection request using the Level 2 review in Regulation .10 of this chapter; and</text> </paragraph> <paragraph num="(2)"> <text>Approve the interconnection request if all of the applicable Level 2 screens are satisfied, except that the peak line section value indicated in Regulation .10A(1)(a) shall be 25 percent instead of 15 percent.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Interconnection Agreement.</text> <paragraph num="(1)"> <text>If a small generator facility satisfies the criteria in §C or D of this regulation, the utility shall approve the interconnection request and provide an interconnection agreement for the applicant to sign.</text> </paragraph> <paragraph num="(2)"> <text>The applicant shall have 30 calendar days, or other mutually agreeable time frame after receipt of the interconnection agreement, to sign and return the interconnection agreement.</text> </paragraph> <paragraph num="(3)"> <text>If the applicant does not sign the interconnection agreement within 30 calendar days, the interconnection request shall be considered withdrawn unless the applicant and utility mutually agree to extend the time period for executing the interconnection agreement prior to the expiration of the 30-calendar-day period. A request for extension may not be unreasonably denied by the utility.</text> </paragraph> <paragraph num="(4)"> <text>After the interconnection agreement is signed by the applicant and utility, interconnection of the small generator facility shall proceed according to any milestones agreed to by the applicant and utility in the interconnection agreement.</text> </paragraph> <paragraph num="(5)"> <text>The utility shall approve the interconnection request and provide a permission to operate notice within 20 business days of receipt of acceptable documents, subject to the following conditions:</text> <paragraph num="(a)"> <text>All milestones agreed to in the interconnection agreement are satisfied;</text> </paragraph> <paragraph num="(b)"> <text>The small generator facility is approved by electric code officials with jurisdiction over the interconnection;</text> </paragraph> <paragraph num="(c)"> <text>The applicant provides a certificate of completion to the utility;</text> </paragraph> <paragraph num="(d)"> <text>Upon request of the utility, the applicant provides one or more photographs of the small generator facility site location, components, metering equipment, and other related facilities and equipment; and</text> </paragraph> <paragraph num="(e)"> <text>There is a successful completion of the witness test, if conducted by the utility.</text> </paragraph> </paragraph> </paragraph> <paragraph num="F."> <text>Level 3 Review Failure.</text> <paragraph num="(1)"> <text>If the small generator facility is not approved under a Level 3 review, the utility shall provide the applicant written notification explaining its reasons for denying the interconnection request.</text> </paragraph> <paragraph num="(2)"> <text>If the small generator facility is not approved under a Level 3 review, the applicant may submit a new interconnection request for consideration under the Level 4 procedures; however, the queue position assigned to the Level 3 interconnection request shall be retained provided the request is submitted within 15 business days of the notice that the current Level 3 request was not approved.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".12" heading="Level 4 Study Review."> <paragraph num="A."> <text>A utility shall use the Level 4 study review procedure for an interconnection request that meets the Level 4 criteria in Regulation .08 of this chapter.</text> </paragraph> <paragraph num="B."> <text>Interconnection Request.</text> <paragraph num="(1)"> <text>Within 5 business days from receipt of an interconnection request, the utility shall notify the applicant whether the request is</text> <paragraph num="(a)"> <text>Complete; or</text> </paragraph> <paragraph num="(b)"> <text>Incomplete.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>If the interconnection request is not complete:</text> <paragraph num="(a)"> <text>The utility shall provide the applicant a written list detailing information that shall be provided to complete the interconnection request;</text> </paragraph> <paragraph num="(b)"> <text>The applicant shall have 10 business days, which may be extended at the request of the applicant and not unreasonably denied by the utility, to provide appropriate data in order to complete the interconnection request, or the interconnection request shall be considered withdrawn; and</text> </paragraph> <paragraph num="(c)"> <text>The interconnection request shall be considered complete:</text> <paragraph num="(i)"> <text>If the required information has been provided by the applicant; or</text> </paragraph> <paragraph num="(ii)"> <text>The utility and applicant have agreed that the applicant may provide additional information at a later time.</text> </paragraph> </paragraph> </paragraph> </paragraph> <paragraph num="C."> <text>Queue Position.</text> <paragraph num="(1)"> <text>When an interconnection request is complete, the utility shall assign a queue position.</text> </paragraph> <paragraph num="(2)"> <text>The utility shall use the queue position of an interconnection request to determine the cost responsibility necessary for the facilities to accommodate the interconnection.</text> </paragraph> <paragraph num="(3)"> <text>The utility shall notify the applicant of other higher-queued applicants on the same line section of the new interconnection request.</text> </paragraph> <paragraph num="(4)"> <text>Any required interconnection studies may not begin until the utility has completed its review of all other interconnection requests that have a higher queue position.</text> </paragraph> <paragraph num="(5)"> <text>Queue position is not forfeited or otherwise impacted by any pending dispute submitted under the provisions of Regulation .13 of this chapter.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Scoping Meeting.</text> <paragraph num="(1)"> <text>By mutual agreement of the utility and applicant, the scoping meeting may be waived and the interconnection feasibility study, interconnection impact study, or interconnection facilities studies provided for in a Level 4 review and discussed in this section may be waived or combined.</text> </paragraph> <paragraph num="(2)"> <text>If agreed to by the utility and applicant, a scoping meeting shall be held within 10 business days, or other mutually agreed to time, after the utility has notified the applicant that the interconnection request is considered complete, or the applicant has requested that its interconnection request proceed after failing the requirements of a Level 2 review or Level 3 review.</text> </paragraph> <paragraph num="(3)"> <text>The purpose of the meeting is to review the interconnection request, existing studies relevant to the interconnection request, and the results of the Level 1, Level 2, or Level 3 screening criteria.</text> </paragraph> <paragraph num="(4)"> <text>If the utility and applicant agree at a scoping meeting that an interconnection feasibility study shall be performed, the utility shall provide to the applicant, not later than 5 business days after the scoping meeting:</text> <paragraph num="(a)"> <text>An interconnection feasibility study agreement;</text> </paragraph> <paragraph num="(b)"> <text>An outline of the scope of the study; and</text> </paragraph> <paragraph num="(c)"> <text>A nonbinding, good faith estimate of the cost to perform the study.</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>If the applicant and utility agree at a scoping meeting that an interconnection feasibility study is not required, the utility shall provide to the applicant, not later than 5 business days after the scoping meeting:</text> <paragraph num="(a)"> <text>An interconnection system impact study agreement;</text> </paragraph> <paragraph num="(b)"> <text>An outline of the scope of the study; and</text> </paragraph> <paragraph num="(c)"> <text>A nonbinding, good faith estimate of the cost to perform the study.</text> </paragraph> </paragraph> <paragraph num="(6)"> <text>If the utility and applicant agree at the scoping meeting that an interconnection feasibility study and system impact study are not required, the utility shall provide to the applicant, not later than 5 business days after the scoping meeting:</text> <paragraph num="(a)"> <text>An interconnection facilities study agreement;</text> </paragraph> <paragraph num="(b)"> <text>An outline of the scope of the study; and</text> </paragraph> <paragraph num="(c)"> <text>A nonbinding, good faith estimate of the cost to perform the study.</text> </paragraph> </paragraph> </paragraph> <paragraph num="E."> <text>Interconnection Feasibility, Interconnection System Impact, and Interconnection Facilities Studies.</text> <paragraph num="(1)"> <text>Interconnection Feasibility Study.</text> <paragraph num="(a)"> <text>An interconnection feasibility study shall include any necessary analyses for the purpose of identifying a potential adverse system impact to the utility's electric distribution system that would result from the interconnection from among the following:</text> <paragraph num="(i)"> <text>Initial identification of any circuit breaker short circuit capability limits exceeded as a result of the interconnection;</text> </paragraph> <paragraph num="(ii)"> <text>Initial identification of any thermal overload or voltage limit violations resulting from the interconnection;</text> </paragraph> <paragraph num="(iii)"> <text>Initial review of grounding requirements and system protection; and</text> </paragraph> <paragraph num="(iv)"> <text>Description and nonbinding estimated cost of facilities required to interconnect the small generator facility to the utility's electric distribution system in a safe and reliable manner.</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>If an applicant requests that the interconnection feasibility study evaluate multiple potential points of interconnection, additional evaluations may be required. Additional evaluations shall be conducted at the expense of the applicant.</text> </paragraph> <paragraph num="(c)"> <text>An interconnection system impact study is not required if the interconnection feasibility study concludes there is no adverse system impact, or if the study identifies an adverse system impact and the utility is able to identify a remedy without the need for an interconnection system impact study.</text> </paragraph> <paragraph num="(d)"> <text>The utility and applicant shall use an interconnection feasibility study agreement form.</text> </paragraph> <paragraph num="(e)"> <text>The utility shall avoid duplicating previously conducted interconnection studies to the extent possible.</text> </paragraph> <paragraph num="(f)"> <text>The utility may require a study deposit of the lesser of 100 percent of estimated nonbinding good faith study costs or $1,000.</text> </paragraph> <paragraph num="(g)"> <text>The interconnection feasibility study shall be completed and the results shall be transmitted to the interconnection customer within 30 calendar days after the interconnection feasibility study agreement is signed by the parties.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Interconnection System Impact Study.</text> <paragraph num="(a)"> <text>A distribution interconnection system impact study shall be performed when a potential distribution system adverse system impact is identified in the interconnection feasibility study.</text> </paragraph> <paragraph num="(b)"> <text>Scope of Interconnection System Impact Study.</text> <paragraph num="(i)"> <text>An interconnection system impact study shall evaluate the impact of the proposed interconnection on both the safety and reliability of the utility's electric distribution system.</text> </paragraph> <paragraph num="(ii)"> <text>The interconnection system impact study shall identify and detail the system impacts that result when a small generator facility is interconnected without project or system modifications, focusing on the adverse system impacts identified in the interconnection feasibility study, or potential impacts including those identified in the scoping meeting.</text> </paragraph> <paragraph num="(iii)"> <text>The interconnection system impact study shall consider all small generator facilities that, on the date the interconnection system impact study is commenced, are directly interconnected with the utility's electric distribution system, have a pending higher queue position to interconnect to the system, or have signed an interconnection agreement.</text> </paragraph> <paragraph num="(iv)"> <text>As part of its impact study, the utility shall agree to evaluate and consider any separate studies prepared by the applicant that evaluate alternatives for interconnecting the small generator facility, including the applicant's assessment of potential impacts of the small generator facility on the electric distribution system.</text> </paragraph> <paragraph num="(v)"> <text>The utility shall provide the applicant with the utility's final impact study evaluation, including a comparison of the results of its own analyses with those provided by the applicant.</text> </paragraph> </paragraph> <paragraph num="(c)"> <text>Within 5 business days of transmittal of the interconnection feasibility study report, the utility shall send the applicant:</text> <paragraph num="(i)"> <text>An interconnection system impact study agreement using a form;</text> </paragraph> <paragraph num="(ii)"> <text>An outline of the scope of the interconnection system impact study; and</text> </paragraph> <paragraph num="(iii)"> <text>A good faith estimate of the cost to perform the study.</text> </paragraph> </paragraph> <paragraph num="(d)"> <text>The interconnection system impact study shall include any necessary elements from among the following:</text> <paragraph num="(i)"> <text>A load flow study;</text> </paragraph> <paragraph num="(ii)"> <text>Identification of affected systems;</text> </paragraph> <paragraph num="(iii)"> <text>An analysis of equipment interrupting ratings;</text> </paragraph> <paragraph num="(iv)"> <text>A protection coordination study;</text> </paragraph> <paragraph num="(v)"> <text>Voltage drop and flicker studies;</text> </paragraph> <paragraph num="(vi)"> <text>Protection and set point coordination studies;</text> </paragraph> <paragraph num="(vii)"> <text>Grounding reviews; and</text> </paragraph> <paragraph num="(viii)"> <text>Impact on system operation.</text> </paragraph> </paragraph> <paragraph num="(e)"> <text>An interconnection system impact study shall consider any necessary criteria from among the following:</text> <paragraph num="(i)"> <text>A short circuit analysis;</text> </paragraph> <paragraph num="(ii)"> <text>A stability analysis;</text> </paragraph> <paragraph num="(iii)"> <text>Alternatives for mitigating adverse system impacts on affected systems;</text> </paragraph> <paragraph num="(iv)"> <text>Voltage drop and flicker studies;</text> </paragraph> <paragraph num="(v)"> <text>Protection and set point coordination studies; and</text> </paragraph> <paragraph num="(vi)"> <text>Grounding reviews.</text> </paragraph> </paragraph> <paragraph num="(f)"> <text>The final interconnection system impact study shall provide the following:</text> <paragraph num="(i)"> <text>The underlying assumptions of the study;</text> </paragraph> <paragraph num="(ii)"> <text>The results of the analyses;</text> </paragraph> <paragraph num="(iii)"> <text>A list of any potential impediments to providing the requested interconnection service;</text> </paragraph> <paragraph num="(iv)"> <text>Required distribution upgrades; and</text> </paragraph> <paragraph num="(v)"> <text>A nonbinding good faith estimate of cost and time to construct any required distribution upgrades.</text> </paragraph> </paragraph> <paragraph num="(g)"> <text>The utility may require a study deposit of the lesser of 50 percent of estimated nonbinding good faith study costs or $3,000.</text> </paragraph> <paragraph num="(h)"> <text>The interconnection system impact study, if required, shall be completed and the results transmitted to the interconnection customer within 45 calendar days after the interconnection system impact study agreement is signed by the parties.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Interconnection Facilities Study.</text> <paragraph num="(a)"> <text>Within 5 business days of completion of the interconnection system impact study, the utility shall provide to the applicant:</text> <paragraph num="(i)"> <text>A report of the interconnection system impact study;</text> </paragraph> <paragraph num="(ii)"> <text>An interconnection facilities study agreement;</text> </paragraph> <paragraph num="(iii)"> <text>An outline of the scope of the interconnection facilities study; and</text> </paragraph> <paragraph num="(iv)"> <text>A nonbinding good faith estimate of the cost to perform the facilities study.</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>The interconnection facilities study shall identify:</text> <paragraph num="(i)"> <text>The electrical switching configuration of the equipment, including transformer, switchgear, meters, and other station equipment;</text> </paragraph> <paragraph num="(ii)"> <text>The nature and estimated cost of the utility's interconnection facilities and distribution upgrades necessary to accomplish the interconnection, including engineering, procurement, construction, and overhead; and</text> </paragraph> <paragraph num="(iii)"> <text>An estimate of the time required to complete the construction and installation of the facilities.</text> </paragraph> </paragraph> <paragraph num="(c)"> <text>Third-Party Design or Construction of Interconnection Facilities.</text> <paragraph num="(i)"> <text>The applicant and utility may agree to permit an applicant to separately arrange for a third party to design and construct the required interconnection facilities.</text> </paragraph> <paragraph num="(ii)"> <text>The utility may review and approve the design of the facilities under the interconnection facilities study agreement.</text> </paragraph> <paragraph num="(iii)"> <text>If the applicant and utility agree to separately arrange for design and construction, the utility, consistent with security and confidentiality requirements, shall make all relevant information and required specifications available to the applicant to permit the applicant to obtain an independent design and cost estimate for the interconnection facilities.</text> </paragraph> <paragraph num="(iv)"> <text>The interconnection facilities shall be built in accordance with the specifications in the interconnection facilities study.</text> </paragraph> </paragraph> <paragraph num="(d)"> <text>Upon completion of the interconnection facilities study, and with the agreement of the applicant to pay for the interconnection facilities and distribution upgrades identified in the interconnection facilities study, the utility shall provide the applicant with an interconnection agreement within 5 business days.</text> </paragraph> <paragraph num="(e)"> <text>The utility may require a study deposit of the lesser of 50 percent of estimated nonbinding good faith study costs or $10,000.</text> </paragraph> <paragraph num="(f)"> <text>In cases where no interconnection upgrades are required, the interconnection facilities study shall be completed and the results shall be transmitted to the interconnection customer within 30 calendar days after the agreement is signed by the parties.</text> </paragraph> <paragraph num="(g)"> <text>In cases where interconnection upgrades are required, the interconnection facilities study shall be completed and the results shall be transmitted to the interconnection customer within 45 calendar days after the agreement is signed by the parties.</text> </paragraph> </paragraph> </paragraph> <paragraph num="F."> <text>Interconnection Agreement.</text> <paragraph num="(1)"> <text>When a utility determines, as a result of the interconnection studies conducted under a Level 4 review, that it is appropriate to interconnect the small generator facility, the utility shall provide the applicant with an interconnection agreement.</text> </paragraph> <paragraph num="(2)"> <text>The applicant shall have either 30 calendar days, or another mutually agreeable time frame after receipt of the interconnection agreement, to sign and return the interconnection agreement.</text> </paragraph> <paragraph num="(3)"> <text>If the applicant does not sign the interconnection agreement within 30 calendar days, the request shall be considered withdrawn unless the applicant and utility mutually agree to extend the time period for executing the interconnection agreement prior to the expiration of the 30-calendar-day period. A request for extension may not be unreasonably denied by the utility.</text> </paragraph> <paragraph num="(4)"> <text>After the interconnection agreement is signed by the applicant and utility, interconnection of the small generator facility shall proceed according to any milestones agreed to by the applicant and utility in the interconnection agreement.</text> </paragraph> <paragraph num="(5)"> <text>The utility shall approve the interconnection request and provide a permission to operate notice within 20 business days of receipt of acceptable documents, subject to the following conditions:</text> <paragraph num="(a)"> <text>All milestones agreed to in the interconnection agreement are satisfied;</text> </paragraph> <paragraph num="(b)"> <text>The small generator facility is approved by electric code officials with jurisdiction over the interconnection;</text> </paragraph> <paragraph num="(c)"> <text>The applicant provides a certificate of completion to the utility;</text> </paragraph> <paragraph num="(d)"> <text>Upon request of the utility, the applicant provides one or more photographs of the small generator facility site location, components, metering equipment, and other related facilities and equipment; and</text> </paragraph> <paragraph num="(e)"> <text>There is a successful completion of the witness test, if conducted by the utility.</text> </paragraph> </paragraph> </paragraph> <paragraph num="G."> <text>Level 4 Review Failure. If the interconnection request is denied, the utility shall provide the applicant a letter explaining the reasons for denying the interconnection request.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".13" heading="Dispute Resolution."> <paragraph num="A."> <text>The applicant and utility shall attempt to resolve all disputes regarding interconnection as provided in this regulation promptly, equitably, and in a good faith manner.</text> </paragraph> <paragraph num="B."> <text>Dispute Resolution Before the Commission.</text> <paragraph num="(1)"> <text>If a dispute arises, the applicant or utility may seek immediate resolution through the procedures of COMAR 20.32.01.</text> </paragraph> <paragraph num="(2)"> <text>Dispute resolution shall be conducted in an informal, expeditious manner to reach resolution with minimal costs and delay.</text> </paragraph> <paragraph num="(3)"> <text>If a dispute arises involving technical matters regarding the interconnection process, dispute resolution shall be delegated to the Commission’s Engineering Division.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Pursuit of dispute resolution may not affect an applicant with regard to consideration of an interconnection request or an applicant's queue position.</text> </paragraph> <paragraph num="D."> <text>Any deadline imposed by the regulations in this chapter, which is directly affected by any issue in dispute, shall be suspended until resolution of the dispute.</text> </paragraph> <paragraph num="E."> <text>If a satisfactory resolution is not achieved between the applicant and utility, the applicant or utility may request a hearing, pursuant to Public Utilities Article, §3-102, Annotated Code of Maryland.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".14" heading="Record Retention and Reporting Requirements."> <paragraph num="A."> <text>A utility shall retain records of the following for a minimum of 7 years:</text> <paragraph num="(1)"> <text>The total number nameplate capacity and total fees charged for the interconnection requests received, approved, and denied under Level 1, Level 2, Level 3, and Level 4 reviews;</text> </paragraph> <paragraph num="(2)"> <text>The number of evaluations of interconnections requests approved and denied using any alternate process under Level 1, Level 2, Level 3, and Level 4 reviews;</text> </paragraph> <paragraph num="(3)"> <text>The fuel type, if appropriate, total number, and nameplate capacity of small generator facilities approved in each of the following categories:</text> <paragraph num="(a)"> <text>Net metering;</text> </paragraph> <paragraph num="(b)"> <text>Emergency standby capable of operating in parallel;</text> </paragraph> <paragraph num="(c)"> <text>Behind the meter load offset;</text> </paragraph> <paragraph num="(d)"> <text>Combined heat and power;</text> </paragraph> <paragraph num="(e)"> <text>Energy storage devices; and</text> </paragraph> <paragraph num="(f)"> <text>Other;</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>The number of interconnection requests that were not processed within the deadlines established for Level 1, Level 2, Level 3, and Level 4 reviews in this chapter;</text> </paragraph> <paragraph num="(5)"> <text>The number of scoping meetings held, the number of feasibility studies, impact studies, and facility studies performed, and the fees charged for these studies;</text> </paragraph> <paragraph num="(6)"> <text>The justifications for the actions taken to deny interconnection requests;</text> </paragraph> <paragraph num="(7)"> <text>The number of interconnection requests that were not processed within the deadlines established for Level 1, Level 2, Level 3, and Level 4 reviews in this chapter due to a PJM Interconnection, LLC market process study; and</text> </paragraph> <paragraph num="(8)"> <text>Any special operating requirements required in interconnection agreements, which are permitted only for generating facilities with a nameplate capacity greater than 2 MW, that are not part of the utility's standard operating procedures applicable to small generator facilities.</text> </paragraph> </paragraph> <paragraph num="B."> <text>A utility shall retain records of interconnection studies it performs to determine the feasibility, system impacts, and facilities required by the interconnection of any small generator facility for a minimum of 7 years.</text> </paragraph> <paragraph num="C."> <text>A utility shall file not later than April 1 of each year a report entitled “Annual Small Generator Interconnection Report” to the Commission containing the following information for the preceding calendar year:</text> <paragraph num="(1)"> <text>The total number of interconnection requests received, approved, and denied under Level 1, Level 2, Level 3, and Level 4 reviews;</text> </paragraph> <paragraph num="(2)"> <text>The fuel type, or energy storage type, total number, and total nameplate capacity of small generator facilities approved in each of the following categories:</text> <paragraph num="(a)"> <text>Net metering;</text> </paragraph> <paragraph num="(b)"> <text>Emergency standby capable of operating in parallel;</text> </paragraph> <paragraph num="(c)"> <text>Behind the meter load offset;</text> </paragraph> <paragraph num="(d)"> <text>Combined heat and power;</text> </paragraph> <paragraph num="(e)"> <text>Energy storage devices;</text> </paragraph> <paragraph num="(f)"> <text>V2G Systems – DC EVSE;</text> </paragraph> <paragraph num="(g)"> <text>V2G Systems – AC EVSE; and</text> </paragraph> <paragraph num="(h)"> <text>Other;</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>The number of interconnection requests that were not processed within the deadlines established for Level 1, Level 2, Level 3, and Level 4 reviews and permission to operate notices in this chapter;</text> </paragraph> <paragraph num="(4)"> <text>The total number of interconnection requests denied and the reason for each denial;</text> </paragraph> <paragraph num="(5)"> <text>Each interconnection request for a proposed small generator facility that received a cost estimate or incurred an actual cost of at least $10,000 for interconnection facilities or distribution upgrades and was completed during the reporting year, which shall include:</text> <paragraph num="(a)"> <text>A list of the nameplate capacity of the proposed small generator facility;</text> </paragraph> <paragraph num="(b)"> <text>Cost variance;</text> </paragraph> <paragraph num="(c)"> <text>Variance percentage; and</text> </paragraph> <paragraph num="(d)"> <text>If required, a summary explanation on why the actual cost of facilities or upgrades was at least 10 percent greater than the cost estimate provided;</text> </paragraph> </paragraph> <paragraph num="(6)"> <text>The number of scoping meetings held, the number of feasibility studies, impact studies, facility studies, and combined studies performed and the total fees charged for these studies;</text> </paragraph> <paragraph num="(7)"> <text>For each interconnection request for a proposed small generator facility that failed to meet Level 2 criteria according to Regulation .10F of this chapter, a list of the queue number, reason for failure to meet Level 2 criteria, if the applicant requested additional review, whether the additional review was completed within 30 calendar days, or if the applicant decided to request interconnection under Level 4 criteria;</text> </paragraph> <paragraph num="(8)"> <text>The current utility status and future plans and schedule for implementation of hosting capacity reporting systems or improvements to existing hosting capacity reporting systems;</text> </paragraph> <paragraph num="(9)"> <text>Beginning April 1, 2021, a utility shall also report annually for the previous year:</text> <paragraph num="(a)"> <text>The total number of restricted circuits and the total number of closed circuits;</text> </paragraph> <paragraph num="(b)"> <text>The number of interconnection requests totaled for Level 1, Level 2, Level 3, and Level 4 that were denied due to restricted circuits and the total number that were denied due to closed circuits;</text> </paragraph> <paragraph num="(c)"> <text>The number of interconnection requests for inadvertent export totaled for Level 1, Level 2, Level 3, and Level 4 that were approved, denied, or suspended due to non-compliance;</text> </paragraph> <paragraph num="(d)"> <text>The number of interconnection requests for flexible interconnection options totaled for Level 1, Level 2, Level 3, and Level 4 that were approved, denied, or suspended due to non-compliance;</text> </paragraph> <paragraph num="(e)"> <text>The number of cancelled small generator facility projects that result in interconnection costs to subsequent small generator facility projects in the same interconnection queue; and</text> </paragraph> <paragraph num="(f)"> <text>The number of small generator facility projects that delay payment for a distribution system upgrade until the time a first higher small generator facility project in an interconnection queue is ready to interconnect;</text> </paragraph> </paragraph> <paragraph num="(10)"> <text>Beginning April 1, 2024, if Volt-Watt control is implemented in a utility’s default utility required inverter settings profile, a utility shall also report for the electric distribution system annually for the previous year:</text> <paragraph num="(a)"> <text>Number of total interconnection customer complaints about smart inverter related curtailments;</text> </paragraph> <paragraph num="(b)"> <text>Number of smart inverter related curtailment interconnection customer complaints resolved by utility;</text> </paragraph> <paragraph num="(c)"> <text>Number of smart inverter related curtailment interconnection customer complaints resolved by customer; and</text> </paragraph> <paragraph num="(d)"> <text>Number of smart inverter related interconnection customer curtailment complaints unresolved; and</text> </paragraph> </paragraph> <paragraph num="(11)"> <text>Beginning April 1, 2025, an electric utility shall report exemptions to Regulation .06R of this chapter annually for the previous year, including:</text> <paragraph num="(a)"> <text>The number of interconnection requests subject to the PJM Interconnection, LLC Tariff;</text> </paragraph> <paragraph num="(b)"> <text>The number of interconnection requests in an area governed by a hosting capacity upgrade plan approved by the Commission;</text> </paragraph> <paragraph num="(c)"> <text>The number of interconnection requests on a dedicated primary voltage feeder that may not benefit any other interconnection customer;</text> </paragraph> <paragraph num="(d)"> <text>The number of interconnection requests on a dedicated secondary voltage facility that may not benefit any other interconnection customer;</text> </paragraph> <paragraph num="(e)"> <text>The number of interconnection requests on an AC distribution grid or spot network;</text> </paragraph> <paragraph num="(f)"> <text>The number of interconnection requests exempted for other good cause; and</text> </paragraph> <paragraph num="(g)"> <text>The reason for good cause for each interconnection request exempted from Regulation .06R of this chapter.</text> </paragraph> </paragraph> </paragraph> <paragraph num="D."> <text>The utility shall file a notice with the Commission describing any interconnection equipment the utility has considered field-approved for its distribution system within 90 days after granting approval for the interconnection of a small generator facility using the field-approved interconnection equipment.</text> </paragraph> <paragraph num="E."> <text>For any small generator facility receiving an interconnection impact study, the utility shall list and explain any study for which the cost of the actual upgrade exceeded the impact study’s estimate by at least 25 percent.</text> </paragraph> <paragraph num="F."> <text>For any small generator facility receiving an interconnection facilities study, the utility shall list and explain any study for which the cost of the actual upgrade exceeded the impact study’s estimate by at least 10 percent.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Public Utilities Article, §§2-113, 2-121, 5-101, 5-303, 7-306, and 7-306.2, and 7-1004, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: June 9, 2008 (35:8 Md. R. 808)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended effective October 8, 2018 (45:20 Md. R. 920); April 20, 2020 (47:8 Md. R. 436)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01B amended effective March 20, 2023 (50:5 Md. R. 183)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended effective October 8, 2018 (45:20 Md. R. 920); April 20, 2020 (47:8 Md. R. 436)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 amended effective October 8, 2018 (45:20 Md. R. 920)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04 amended effective October 8, 2018 (45:20 Md. R. 920)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04E repealed effective April 20, 2020 (47:8 Md. R. 436)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05 amended effective April 20, 2020 (47:8 Md. R. 436)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06 amended effective October 8, 2018 (45:20 Md. R. 920); April 20, 2020 (47:8 Md. R. 436); March 20, 2023 (50:5 Md. R. 183)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07B amended effective April 20, 2020 (47:8 Md. R. 436)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08 amended effective October 8, 2018 (45:20 Md. R. 920); April 20, 2020 (47:8 Md. R. 436)</annotation> <annotation type="History" subtype="Administrative History">Regulation .09 amended effective April 20, 2020 (47:8 Md. R. 436)</annotation> <annotation type="History" subtype="Administrative History">Regulation .09A, E amended effective October 8, 2018 (45:20 Md. R. 920)</annotation> <annotation type="History" subtype="Administrative History">Regulation .10 amended effective October 8, 2018 (45:20 Md. R. 920)</annotation> <annotation type="History" subtype="Administrative History">Regulation .10A, G amended effective April 20, 2020 (47:8 Md. R. 436)</annotation> <annotation type="History" subtype="Administrative History">Regulation .11 amended effective October 8, 2018 (45:20 Md. R. 920)</annotation> <annotation type="History" subtype="Administrative History">Regulation .11E amended effective April 20, 2020 (47:8 Md. R. 436)</annotation> <annotation type="History" subtype="Administrative History">Regulation .12 amended effective October 8, 2018 (45:20 Md. R. 920)</annotation> <annotation type="History" subtype="Administrative History">Regulation .12E, F amended effective April 20, 2020 (47:8 Md. R. 436)</annotation> <annotation type="History" subtype="Administrative History">Regulation .13C amended effective October 8, 2018 (45:20 Md. R. 920)</annotation> <annotation type="History" subtype="Administrative History">Regulation .14 amended effective October 8, 2018 (45:20 Md. R. 920); April 20, 2020 (47:8 Md. R. 436)</annotation> <annotation type="History" subtype="Administrative History">Regulation .14C amended effective March 20, 2023 (50:5 Md. R. 183)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective December 12, 2024 (Md. R. 51:24 1082)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended effective July 7, 2025 (52:13 Md. R. 657)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06N amended effective July 7, 2025 (52:13 Md. R. 657)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06S adopted effective July 7, 2025 (52:13 Md. R. 657)</annotation> <annotation type="History" subtype="Administrative History">Regulation .14C amended effective July 7, 2025 (52:13 Md. R. 657)</annotation> </annotations> </chapter> <chapter num="10" heading="Net Metering"> <regulation prefix="Regulation" num=".01" heading="General."> <paragraph num="A."> <text>Net Energy Metering. An electric company shall provide net metering of electric service to eligible customer-generators using a meter capable of net energy metering until the rated generating capacity of all eligible customer-generators in the State reaches 1,500 megawatts.</text> </paragraph> <paragraph num="B."> <text>Maximum Size of Electric Generating System — Net Metering. An electric company may not provide net energy metering to an eligible customer-generator operating an electric generating system that has a rated capacity of more than 2 megawatts.</text> </paragraph> <paragraph num="C."> <text>Micro Combined Heat and Power Electric Generating System. An electric company may not provide net energy metering to an eligible customer-generator operating a micro combined heat and power electric generating system that has a rated capacity of more than 30 kilowatts.</text> </paragraph> <paragraph num="D."> <text>Qualifying for Net Energy Metering.</text> <paragraph num="(1)"> <text>In order to initially qualify for net energy metering:</text> <paragraph num="(a)"> <text>An eligible customer-generator shall comply with the provisions of COMAR 20.50.09; and</text> </paragraph> <paragraph num="(b)"> <text>The eligible customer-generator’s proposed electric generating system may not exceed 200 percent of the eligible customer-generator’s baseline annual usage.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Upgraded Electric Generating Systems.</text> <paragraph num="(a)"> <text>When an eligible customer-generator receiving net energy metering proposes an upgrade to an existing electric generating system, an electric company shall re-evaluate the baseline annual usage to determine whether the electric generating system continues to meet the requirements of §D(1)(b) of this regulation.</text> </paragraph> <paragraph num="(b)"> <text>If the eligible customer-generator’s upgraded electric generating system does not meet the requirements of §D(1)(b) of this regulation, an electric company may discontinue net energy metering.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Metering."> <text>An electric company shall ensure that a meter installed for net energy metering is capable of measuring the flow of electricity in two directions.</text> </regulation> <regulation prefix="Regulation" num=".03" heading="Tariffs and Contracts."> <paragraph num="A."> <text>An electric company shall offer net energy metering service to an eligible customer-generator under a Commission-approved standard contract or tariff.</text> </paragraph> <paragraph num="B."> <text>An electric company’s tariff or contract for net metering shall contain an energy rate, a rate structure, and any monthly charge identical to the monthly contract or tariff charge paid by a customer of the rate class in which the eligible customer-generator would be a member if they were not receiving net energy metering service.</text> </paragraph> <paragraph num="C."> <text>An electric company may not include in an eligible customer-generator’s bill rates, charges or fees that raise the eligible customer-generator’s minimum monthly charge above that of customers of the same rate class to which the eligible customer-generator would otherwise be assigned.</text> </paragraph> <paragraph num="D."> <text>An electric company may not charge to an eligible customer-generator new or additional demand charges, standby charges, customer charges, or minimum monthly charges.</text> </paragraph> <paragraph num="E."> <text>An electric company may not require an eligible customer-generator whose electric generating system meets the requirements of this chapter to:</text> <paragraph num="(1)"> <text>Install additional controls;</text> </paragraph> <paragraph num="(2)"> <text>Perform or pay for additional tests; or</text> </paragraph> <paragraph num="(3)"> <text>Purchase additional liability insurance.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Calculation of Net Energy."> <paragraph num="A."> <text>Net Energy Calculation. An electric company shall calculate net energy in accordance with this regulation.</text> </paragraph> <paragraph num="B."> <text>Metering Net Energy — The electric company shall meter net energy produced or consumed on a regular basis in accordance with standard metering practice under this subtitle.</text> </paragraph> <paragraph num="C."> <text>Time-Varying Rates.</text> <paragraph num="(1)"> <text>For eligible customer-generators whose applicable tariff includes time-varying rates, an electric company may calculate net energy separately for each applicable rate period during a billing cycle.</text> </paragraph> <paragraph num="(2)"> <text>An electric company may apply §§D, E, and F of this regulation separately for each rate period for an eligible customer-generator whose applicable tariff bills using time-varying rates. If net generation is calculated separately for each applicable rate period during a billing cycle, an electric company shall apply §§E and F of this regulation separately for each rate period for an eligible customer-generator whose applicable tariff bills using time-varying rates.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Energy Usage Exceeds Generation — Billing. If the electricity used by an eligible customer-generator exceeds the electricity generated by the eligible customer-generator in a billing month, an electric company shall bill the eligible customer-generator for usage under the terms of Regulation .03 of this chapter.</text> </paragraph> <paragraph num="E."> <text>Generation Exceeds Usage — Billing. If the electricity generated by an eligible customer-generator exceeds the customer’s usage, an electric company shall only bill the eligible customer-generator a customer charge.</text> </paragraph> <paragraph num="F."> <text>Conversion of Excess Generation — Billing. An electric company shall convert any excess electric generation described in §E of this regulation into generation credits upon billing, consistent with the provisions of Regulation .05 of this chapter.</text> </paragraph> <paragraph num="G."> <text>Commercial Customers.</text> <paragraph num="(1)"> <text>An electric company shall use the net hourly energy consumed or produced to assign the energy requirement for commercial eligible customer-generators with interval metering equipment.</text> </paragraph> <paragraph num="(2)"> <text>PJM shall use the net energy metered each hour, positive or negative, for the settlement process, even in cases when the total usage by the customer in a month exceeds the electricity generated by a commercial eligible customer-generator with interval metering equipment.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Net Excess Generation."> <paragraph num="A."> <text>Generation Conversion — Dollar Amount. An electric utility shall convert an eligible customer-generator’s net excess generation to a dollar amount according to this regulation.</text> </paragraph> <paragraph num="B."> <text>Conversion Calculation.</text> <paragraph num="(1)"> <text>Except as provided in §C of this regulation, an electric company shall convert net excess generation from kilowatt-hours to dollars by multiplying the net excess generation by the generation or commodity portion of the rate that the eligible customer-generator would have been charged by the electric company averaged over the previous 12-month period ending with the billing cycle that is complete immediately prior to the end of April.</text> </paragraph> <paragraph num="(2)"> <text>For customers served by an electricity supplier, the utility shall convert net excess generation in the same manner as described in §B(1) of this regulation except that the dollar value of the net excess generation shall be equal to the generation or commodity rate that the customer would have been charged by the electricity supplier multiplied by the number of kilowatt-hours of net excess generation.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Cooperative Electric Company — Conversion Calculation.</text> <paragraph num="(1)"> <text>When net energy metering is provided by a cooperative electric company that serves a population of less than 250,000 in its distribution territory, the eligible customer-generator may choose to be paid for the dollar value of net excess generation remaining at the end of each month instead of at the end of the accrual period specified in §F of this regulation.</text> </paragraph> <paragraph num="(2)"> <text>If an eligible customer-generator chooses to be paid for the dollar value of net excess generation remaining at the end of each month:</text> <paragraph num="(a)"> <text>The customer-generator may accrue net excess generation on a monthly basis;</text> </paragraph> <paragraph num="(b)"> <text>The dollar value of the net excess generation shall be equal to the generation or commodity portion of the rate that the eligible customer-generator would have been charged by the electric company for the previous month multiplied by the number of kilowatt-hours of excess generation; and</text> </paragraph> <paragraph num="(c)"> <text>On or before 30 days after the end of each month, the electric cooperative shall pay the eligible customer-generator for the dollar value of net excess generation remaining at the end of the previous month.</text> </paragraph> </paragraph> </paragraph> <paragraph num="D."> <text>Net Excess Generation — Carry Forward. An electric company shall carry forward accrued net excess generation on a customer’s bill until the net excess generation has been used by the customer or the electric company has paid the customer for the credit under §F of this regulation.</text> </paragraph> <paragraph num="E."> <text>Time-Varying Rates—Carry Forward.</text> <paragraph num="(1)"> <text>For customers on a time-varying rate, an electric company may calculate net excess generation separately for each applicable rate period during a billing cycle.</text> </paragraph> <paragraph num="(2)"> <text>An electric company may carry forward net excess generation separately for each rate period until the net excess generation has been used by the customer or the electric company has paid the customer for the credit under §F of this regulation.</text> </paragraph> </paragraph> <paragraph num="F."> <text>Payment for Generator Credits.</text> <paragraph num="(1)"> <text>On or before 30 days after the billing cycle that is complete immediately prior to the end of April of each year, the electric company shall pay each eligible customer-generator for the dollar value of any accrued net excess generation remaining at the end of previous 12-month period ending with the billing cycle that is complete immediately prior to the end of April.</text> </paragraph> <paragraph num="(2)"> <text>On the closure of a net energy metering account of an eligible customer-generator, an electric company shall pay an eligible customer-generator the dollar value of the net excess generation on their account within 15 days.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Safety Standards and Controls for Net Energy Metering."> <text>An electric generating system used by an eligible customer-generator for net energy metering shall meet all applicable safety and performance standards incorporated by reference in COMAR 20.50.02.02.</text> </regulation> <regulation prefix="Regulation" num=".07" heading="Meter Aggregation."> <paragraph num="A."> <text>When requested in writing by a qualified eligible customer-generator under §B of this regulation, an electric utility shall provide meter aggregation.</text> </paragraph> <paragraph num="B."> <text>Customers Qualifying for Aggregation. The following electric utility eligible customer-generators are qualified to request meter aggregation under §A of this regulation:</text> <paragraph num="(1)"> <text>An eligible customer-generator using electrical service for agriculture;</text> </paragraph> <paragraph num="(2)"> <text>An eligible customer-generator who is a not-for-profit organization or a not-for-profit business; or</text> </paragraph> <paragraph num="(3)"> <text>An eligible customer-generator who is a municipal or county government or its affiliated organizations.</text> </paragraph> </paragraph> <paragraph num="C."> <text>An electric company shall require that an eligible customer-generator requesting meter aggregation under this regulation provide written allocation instructions detailing how to distribute its excess generation credits to each account prior to the commencement of any meter aggregation.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Meter Aggregation Method."> <paragraph num="A."> <text>This regulation applies to an eligible customer-generator qualifying for meter aggregation under Regulation .07 of this chapter.</text> </paragraph> <paragraph num="B."> <text>Virtual Meter Aggregation.</text> <paragraph num="(1)"> <text>If an aggregation qualified eligible customer-generator’s electrical services are not located close enough to physically interconnect metered service, the electric company shall sum the usage and excess generation of all applicable accounts on a kilowatt-hour basis over each billing period prior to calculating the customer’s excess generation for that billing period.</text> </paragraph> <paragraph num="(2)"> <text>The electric company shall allocate generated electricity to each account per the instructions of the eligible customer-generator.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Physical Meter Aggregation.</text> <paragraph num="(1)"> <text>For an aggregation qualified eligible customer-generator whose electrical services are located close enough to physically interconnect and meter at a single point, the electric company shall allow the customer to make physical electrical connections and re-establish metering at a single location.</text> </paragraph> <paragraph num="(2)"> <text>Physically aggregated services must meet all applicable requirements of COMAR 20.50.01 and 20.50.02.</text> </paragraph> <paragraph num="(3)"> <text>The electric company shall allocate the net-energy used each billing period and the excess generation credit calculated each billing period to each account per the instructions of the customer.</text> </paragraph> </paragraph> </regulation> <annotations> <annotation type="Authority">Public Utilities Article, §§2-113, 2-121, 5-101, 5-303, and 7-306, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date:</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.04 and Regulations .06—.08 adopted effective September 5, 2011 (38:18 Md. R. 1078)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04 amended effective September 16, 2024 (51:18 Md. R. 810)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05 adopted effective February 20, 2012 (39:3 Md. R. 260)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05 amended effective September 16, 2024 (51:18 Md. R. 810)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07B amended effective July 18, 2016 (43:14 Md. R. 780)</annotation> </annotations> </chapter> <chapter num="11" heading="Deanna Camille Green Rule — Contact Voltage Survey Requirement and Reporting"> <regulation prefix="Regulation" num=".01" heading="CVRZ, Voltage Survey Plan, and Voltage Survey Requirement."> <paragraph num="A."> <text>Within 60 days after the effective date of these regulations, each electric company shall file for Commission approval:</text> <paragraph num="(1)"> <text>A list and location map for all CVRZs within its service territory, if applicable; or</text> </paragraph> <paragraph num="(2)"> <text>If no CVRZs are designated in its service territory, its voltage survey plan.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Within 30 days after the Commission approves a CVRZ or CVRZs within an electric company’s service territory, the electric company shall file its voltage survey plan for Commission approval.</text> </paragraph> <paragraph num="C."> <text>Upon approval of the electric company’s voltage survey plan, the electric company shall conduct an initial contact voltage survey of each CVRZ within 1 year of the approval and shall conduct subsequent contact voltage surveys of each CVRZ as set forth in its voltage survey plan.</text> </paragraph> <paragraph num="D."> <text>The electric company shall conduct its initial and each subsequent contact voltage survey within each Commission-approved CVRZ of:</text> <paragraph num="(1)"> <text>All publicly accessible electric distribution plant and electric company-owned or-maintained streetlights that are capable of conducting electricity;</text> </paragraph> <paragraph num="(2)"> <text>Municipal-owned or governmental-owned streetlights and traffic signals that are publicly accessible and are capable of conducting electricity, if the consent of the municipal government or other appropriate governmental authority is received; and</text> </paragraph> <paragraph num="(3)"> <text>All objects and surfaces that are publicly accessible in public parks and playgrounds and that are capable of conducting electricity, if the consent of the municipal government or other appropriate governmental authority is received.</text> </paragraph> </paragraph> <paragraph num="E."> <text>At least 60 days prior to implementing any material change to its voltage survey plan, the electric company shall file for Commission approval.</text> </paragraph> <paragraph num="F."> <text>For areas within each electric company’s service territory which are not located in a CVRZ, the electric company shall perform an initial contact voltage survey within 3 years of the approval of the voltage survey plan on all publicly accessible electric distribution plant, except for wooden poles, and publicly accessible electric company-owned or-maintained streetlights that are capable of conducting electricity. Subsequent contact voltage surveys for all equipment capable of conducting electricity shall be conducted in accordance with the voltage survey plan.</text> </paragraph> <paragraph num="G."> <text>Streetlights shall be tested for contact voltage after dark or when the light is illuminated.</text> </paragraph> <paragraph num="H."> <text>The Commission may increase or decrease the frequency or scope of any contact voltage survey requirement upon a showing of good cause.</text> </paragraph> <paragraph num="I."> <text>Contact voltage readings shall be conducted in accordance with acceptable methods described in the Institute of Electrical and Electronic Engineers Standard 1695 — 2016.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Contact Voltage Survey Equipment."> <text>Each electric company shall include in its voltage survey plan all equipment used for detecting contact voltage. The type of equipment shall be certified by an independent test laboratory as being able to reliably detect voltages of 6 to 600 volts and this certification shall be included with the electric company’s voltage survey plan filing.</text> </regulation> <regulation prefix="Regulation" num=".03" heading="Contact Voltage Survey Test Results."> <paragraph num="A."> <text>Each electric company shall make an area safe after detecting a potential contact voltage condition during its contact voltage survey until the potential condition can be confirmed under §B of this regulation.</text> </paragraph> <paragraph num="B."> <text>Each electric company shall confirm and document all contact voltage detected in its contact voltage survey using a voltmeter and a 500 ohm shunt resistor.</text> </paragraph> <paragraph num="C."> <text>For each contact voltage measurement under §B of this regulation greater than or equal to one volt (60 Hertz Alternating Current), each electric company shall:</text> <paragraph num="(1)"> <text>Perform a contact voltage survey on all objects and surfaces that are capable of conducting electricity and are publicly accessible within a minimum 30 foot radius of the location of the measured contact voltage;</text> </paragraph> <paragraph num="(2)"> <text>When an electric distribution plant or an electric company-owned or-maintained streetlight is indicating contact voltage, immediately and continuously make the area safe, and use best efforts to make a permanent repair to mitigate the contact voltage as soon as possible, but not later than 45 days, however, a temporary measure to mitigate contact voltage may last longer than 45 days in extraordinary circumstances provided the area remains safe;</text> </paragraph> <paragraph num="(3)"> <text>When non-electric company property is indicating contact voltage, immediately use best efforts to make the area safe and immediately use best efforts to notify the customer or responsible person associated with the premises or the customer-owned facility of the unsafe condition and the need for the customer to make a permanent repair to mitigate contact voltage; and</text> </paragraph> <paragraph num="(4)"> <text>Maintain written records of its actions to make the area safe and to mitigate the contact voltage.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Compliance Reporting and Certification."> <paragraph num="A."> <text>Each electric company shall file, on a form approved by the Commission, an annual compliance report with the Commission:</text> <paragraph num="(1)"> <text>Describing the results of its contact voltage surveys; and</text> </paragraph> <paragraph num="(2)"> <text>Summarizing each known contact voltage electric shock and each contact voltage electric shock complaint received from a member of the public, whether the shock affected a person or animal.</text> </paragraph> </paragraph> <paragraph num="B."> <text>An initial compliance report shall be filed at the direction of the Commission and subsequent compliance reports shall be filed on or before April 1 of each year for the preceding calendar year.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Civil Penalty."> <text>An electric company’s failure to comply with this subtitle may subject the company to civil penalties under the Public Utilities Article.</text> </regulation> <regulation prefix="Regulation" num=".06" heading="Waivers and Modifications."> <text>The Commission may, in its discretion, waive or modify any provision of this subtitle and may also impose additional requirements as circumstances warrant.</text> </regulation> <annotations> <annotation type="Authority">Public Utilities Article, §§2-113, 2-121, 5-101, and 5-303, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: November 28, 2011 (38:24 Md. R. 1503)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01I adopted effective August 21, 2023 (50:16 Md. R. 728)</annotation> </annotations> </chapter> <chapter num="12" heading="Service Quality and Reliability Standards"> <regulation prefix="Regulation" num=".01" heading="Applicability."> <text>These regulations apply to an electric company under Commission jurisdiction with a total number of 40,000 or more customers served in Maryland.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="System-Wide Reliability Standards."> <paragraph num="A."> <text>Reliability Data. Each utility shall collect and maintain the data required to:</text> <paragraph num="(1)"> <text>Provide in its annual performance reports the reliability information specified in this regulation; and</text> </paragraph> <paragraph num="(2)"> <text>Demonstrate compliance with the reliability standards.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Reliability Reporting Period.</text> <paragraph num="(1)"> <text>Except as otherwise provided in §B(2) of this regulation, the data used by a utility to determine annual reliability performance shall be from the immediately preceding calendar year.</text> </paragraph> <paragraph num="(2)"> <text>The data used by a utility to determine the poorest performing feeders and multiple device activations shall include outage data from the 12-month period ending September 30 of the immediately preceding calendar year.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Reliability Standards — System-Wide Indices.</text> <paragraph num="(1)"> <text>A utility shall collect and maintain the data necessary to report CAIDI, SAIDI, and SAIFI for its system and each operating district, consisting of all feeders assigned to Maryland under Regulation .03D of this chapter.</text> </paragraph> <paragraph num="(2)"> <text>For an investor-owned utility, each index shall be calculated and reported in the annual performance report using the following sets of input data:</text> <paragraph num="(a)"> <text>All interruption data, including and excluding planned outages;</text> </paragraph> <paragraph num="(b)"> <text>All interruption data minus major outage event interruption data; and</text> </paragraph> <paragraph num="(c)"> <text>For the calendar year 2020 and each calendar year thereafter, all interruption data minus the Institute of Electrical and Electronics Engineers’ (IEEE) major event days.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>For cooperatively owned utilities, each index shall be calculated and reported in the annual performance report using the following sets of input data:</text> <paragraph num="(a)"> <text>All interruption data, including and excluding planned outages;</text> </paragraph> <paragraph num="(b)"> <text>All interruption data minus major outage event interruption data;</text> </paragraph> <paragraph num="(c)"> <text>For the calendar year 2020 and each calendar year thereafter, all interruption data minus the Institute of Electrical and Electronics Engineers’ (IEEE) major event days;</text> </paragraph> <paragraph num="(d)"> <text>All interruption data minus major outage event interruption data and minus outage data resulting from an outage event occurring on another utility’s electric system; and</text> </paragraph> <paragraph num="(e)"> <text>For the calendar year 2020 and each calendar year thereafter, all interruption data minus the Institute of Electrical and Electronics Engineers’ (IEEE) major event days minus outage data resulting from an outage event occurring on another utility’s electric system.</text> </paragraph> </paragraph> </paragraph> <paragraph num="D."> <text>SAIDI and SAIFI Standards.</text> <paragraph num="(1)"> <text>The SAIDI in minutes and SAIFI reliability standards for the calendar years noted and thereafter, unless changed by the Commission, are as follows:</text> </paragraph> <paragraph num="(2)"> <text>Each investor-owned utility's annual SAIDI and SAIFI reliability standard shall be measured against its system-wide annual SAIDI and SAIFI result, including all interruption data minus major outage event interruption data and consisting of all feeders assigned to Maryland under Regulation .03D of this chapter.</text> </paragraph> <paragraph num="(3)"> <text>For the calendar year 2020 and each calendar year thereafter, each investor-owned utility’s annual SAIDI and SAIFI reliability standard shall be measured against its system-wide annual SAIDI and SAIFI result, including all interruption data minus the Institute of Electrical and Electronics Engineers’ (IEEE) major event days and consisting of all feeders assigned to Maryland under Regulation .03D of this chapter.</text> </paragraph> <paragraph num="(4)"> <text>Each cooperatively owned utility's annual SAIDI and SAIFI reliability standard shall be measured against its system-wide annual SAIDI and SAIFI result, including all interruption data minus major outage event interruption data and minus outage data resulting from an outage event occurring on another utility's electric system.</text> </paragraph> <paragraph num="(5)"> <text>For the calendar year 2020 and each calendar year thereafter, each cooperatively owned utility’s annual SAIDI and SAIFI reliability standard shall be measured against its system-wide annual SAIDI and SAIFI result, including all interruption data minus the Institute of Electrical and Electronics Engineers’ (IEEE) major event days minus outage data resulting from an outage event occurring on another utility’s electric system.</text> </paragraph> <paragraph num="(6)"> <text>A utility's annual SAIDI result shall be equal to or less than its annual SAIDI reliability standard established in §D(1) of this regulation.</text> </paragraph> <paragraph num="(7)"> <text>A utility's annual SAIFI result shall be equal to or less than its annual SAIFI reliability standard established in §D(1) of this regulation.</text> </paragraph> <paragraph num="(8)"> <text>SAIDI and SAIFI Standards after 2015.</text> <paragraph num="(a)"> <text>For the calendar year 2016 and each calendar year thereafter, the Commission shall establish SAIDI and SAIFI reliability standards and any other appropriate reliability requirements for each utility.</text> </paragraph> <paragraph num="(b)"> <text>By March 1, 2014 and every 4 years thereafter, unless otherwise directed by the Commission, each utility:</text> <paragraph num="(i)"> <text>Shall file proposed annual SAIDI and SAIFI reliability standards for its Maryland service territory;</text> </paragraph> <paragraph num="(ii)"> <text>Shall file corresponding cost estimates associated with meeting the proposed SAIDI and SAIFI reliability standards as specified by the Commission; and</text> </paragraph> <paragraph num="(iii)"> <text>May propose any other appropriate reliability requirement for the Commission’s consideration along with supporting comments.</text> </paragraph> </paragraph> <paragraph num="(c)"> <text>The proposed annual SAIDI and SAIFI reliability standards filed by each utility shall be for a 4-calendar-year period, at a minimum.</text> </paragraph> </paragraph> </paragraph> <paragraph num="E."> <text>If a utility fails to satisfy the standard §D(6) or (7) of this regulation, it shall provide a corrective action plan, preferably in its annual performance report but by no later than April 1.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Poorest Performing Feeder Standard."> <paragraph num="A."> <text>Poorest Performing Feeder Standard for Feeders Assigned to Maryland.</text> <paragraph num="(1)"> <text>A utility shall report in its annual performance report CAIDI, SAIDI, and SAIFI indices for all feeders assigned to Maryland that are identified by the utility as having the poorest feeder reliability.</text> </paragraph> <paragraph num="(2)"> <text>For each utility, each index shall be calculated and reported in the annual performance report using all interruption data, and all interruption data minus the following exclusions:</text> <paragraph num="(a)"> <text>Source loss, including any outage that occurs on the feeder by an event occurring external to the feeder;</text> </paragraph> <paragraph num="(b)"> <text>Major outage events; and</text> </paragraph> <paragraph num="(c)"> <text>Planned outages.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>For each utility, the feeders with poorest reliability shall be all feeders having circuit reliability performance 250 percent or more above the utility’s System-Wide SAIFI and SAIDI, which shall be calculated in accordance with the exclusions identified in §A(2) of this regulation.</text> </paragraph> <paragraph num="(4)"> <text>No feeder shall appear in a utility’s list of poorest performing feeders during three consecutive 12-month reporting periods, unless the utility has undertaken reasonable remediation measures to improve the performance of the feeder.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Poorest Performing Feeder Standard for Feeders Not Assigned to Maryland.</text> <paragraph num="(1)"> <text>For each feeder not assigned to Maryland that serves more than ten Maryland customers, the utility shall report the feeder in its annual performance report and the feeder’s CAIDI, SAIDI, and SAIFI indices, if the feeder would have been included on the poorest performing feeder list but for the fact that the feeder is not assigned to Maryland.</text> </paragraph> <paragraph num="(2)"> <text>For each feeder included in §B(1) of this regulation, the utility shall report the number of customers located in Maryland and the number of customers located in a bordering jurisdiction.</text> </paragraph> <paragraph num="(3)"> <text>For each feeder reported in §B(1) of this regulation, the utility shall implement reasonable remediation measures to improve the performance of the feeder portion serving Maryland customers, which measures shall be described by the utility in its annual performance report. If implementing a remediation plan is not reasonable, the utility shall provide an explanation of its decision in its annual performance plan.</text> </paragraph> <paragraph num="(4)"> <text>The reliability indices and method for identifying the performance of feeders under this provision shall be consistent with §A(2), (3), and (4) of this regulation.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Evaluation of Remedial Actions. For the feeders that are identified as having the poorest performance, the utility shall provide the following information:</text> <paragraph num="(1)"> <text>In the annual performance report in which the feeders are identified as requiring reasonable remediation measures, a brief description of the actions taken or proposed, if any, to improve reliability and the actual or expected completion date of the action; and</text> </paragraph> <paragraph num="(2)"> <text>In the five subsequent annual performance reports, the performance of the feeder shall be reported with its performance ranking.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Feeders Assigned to Maryland.</text> <paragraph num="(1)"> <text>All feeders of a utility that serve only Maryland customers are assigned to Maryland.</text> </paragraph> <paragraph num="(2)"> <text>For a utility that has one or more feeders that serve a Maryland customer and at least one customer in a bordering jurisdiction:</text> <paragraph num="(a)"> <text>The feeders used in determining the utility’s system-wide SAIDI and SAIFI performance results as reported to the Commission by the utility’s 2010 annual reliability report shall be assigned to Maryland unless otherwise directed by the Commission;</text> </paragraph> <paragraph num="(b)"> <text>The utility may not change the assignment list without Commission approval; and</text> </paragraph> <paragraph num="(c)"> <text>For a new feeder added to the utility's system, or an existing feeder that is modified, that serves more than ten Maryland customers and at least one customer in a bordering jurisdiction, the utility shall file notice with the Commission advising of the feeder's assignment.</text> </paragraph> </paragraph> </paragraph> <paragraph num="E."> <text>If a utility fails to satisfy the standard in §A(4) of this regulation with respect to a feeder assigned to Maryland, it shall provide a corrective action plan, preferably in its annual performance report but by no later than April 1.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Multiple Device Activation Standard."> <paragraph num="A."> <text>Each utility shall report in its annual performance report the number of protective devices that activated five or more times during the prior 12-month reporting period specified in Regulation .02B(2) of this chapter causing sustained interruptions in electric service, excluding major outage events and planned outages, to more than ten Maryland customers.</text> </paragraph> <paragraph num="B."> <text>For each device referenced in §A of this regulation, the utility shall evaluate and report in its annual performance report the cause for the multiple activations.</text> </paragraph> <paragraph num="C."> <text>For each device referenced in §A of this regulation, the utility shall implement reasonable remediation measures to reduce the number of activations and describe the measures in its annual performance report.</text> </paragraph> <paragraph num="D."> <text>For each device referenced in §A of this regulation, the device shall not experience five or more activations, including all customer sustained interruption data, during three consecutive 12- month reporting periods, unless the utility has undertaken reasonable remediation measures to improve the performance of the device.</text> </paragraph> <paragraph num="E."> <text>If a utility fails to satisfy the standard in §D of this regulation, it shall provide a corrective action plan, preferably in its annual performance report but by no later than April 1.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Additional Reliability Indices Reporting."> <paragraph num="A."> <text>A utility shall calculate and report in its supplemental annual performance report the following annual reliability information for its Maryland service territory:</text> <paragraph num="(1)"> <text>All IEEE major event days;</text> </paragraph> <paragraph num="(2)"> <text>Dates of all IEEE major event days; and</text> </paragraph> <paragraph num="(3)"> <text>Number of customers impacted by the IEEE major event day events.</text> </paragraph> </paragraph> <paragraph num="B."> <text>A utility shall calculate and report in its supplemental annual performance report an annual (CEMIn) for customers experiencing two or more (CEMI2), four or more (CEMI4), six or more (CEMI6), and eight or more (CEMI8) sustained interruptions unless it does not have the means to make the calculation, in which case it shall provide an explanation of the reason, and an estimate of the cost to provide the information in the future. A utility shall calculate and report:</text> <paragraph num="(1)"> <text>CEMI2, CEMI4, CEMI6, CEMI8, excluding major outage events; and</text> </paragraph> <paragraph num="(2)"> <text>CEMI2, CEMI4, CEMI6, CEMI8, including major outage events.</text> </paragraph> </paragraph> <paragraph num="C."> <text>A utility shall calculate and report in its supplemental annual performance report an annual (MAIFIE) for its Maryland service territory unless it does not have the means to make the calculation, in which case it shall provide MAIFI and an explanation of the Utility’s limitation as well as estimated cost to furnish MAIFIE information going forward. A utility shall calculate and report:</text> <paragraph num="(1)"> <text>MAIFIE excluding major outage events; and</text> </paragraph> <paragraph num="(2)"> <text>MAIFIE including major outage events.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Service Interruption Standard."> <paragraph num="A."> <text>During each calendar year, a utility shall restore service within 8 hours, measured from when the utility knew or should have known of the outage, to at least 92 percent of its customers experiencing sustained interruptions during normal conditions.</text> </paragraph> <paragraph num="B."> <text>During each calendar year, a utility shall restore service within 50 hours, measured from when the utility knew or should have known of the outage, to at least 95 percent of its customers experiencing sustained interruptions during major outage events where the total number of sustained interruptions is less than or equal to 400,000 or 40 percent of the utility's total number of customers, whichever is less.</text> </paragraph> <paragraph num="C."> <text>If more than one major outage event subject to the standard set forth in §B of this regulation occurs during a calendar year, the restoration percentage shall be calculated by giving equal weight to all sustained interruptions occurring during the major outage events.</text> </paragraph> <paragraph num="D."> <text>During each calendar year, a utility shall restore service as quickly and safely as permitted to its customers experiencing sustained interruptions during each major outage event in which the total number of sustained interruptions is greater than 400,000 or 40 percent of the utility's total number of customers, whichever is less.</text> </paragraph> <paragraph num="E."> <text>If a utility fails to satisfy the standard in §A, B or D of this regulation during the previous calendar year, it shall provide a corrective action plan, preferably in its annual performance report but by no later than April 1.</text> </paragraph> <paragraph num="F."> <text>In the calendar year these regulations become effective, §§A and B of this regulation shall apply from the effective date of the regulations until the end of the calendar year.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Downed Wire Response Standard."> <paragraph num="A."> <text>Considering data for normal and major outage event conditions for a calendar year, each utility shall respond to a government emergency responder guarded downed electric utility wire within 3 hours after notification by a fire department, police department, or 911 emergency dispatcher at least 90 percent of the time.</text> </paragraph> <paragraph num="B."> <text>If a utility fails to satisfy the standard in §A of this regulation during the previous calendar year, it shall provide a corrective action plan, preferably in its annual performance report but by no later than April 1.</text> </paragraph> <paragraph num="C."> <text>Each utility shall coordinate its response to a government emergency responder guarded downed electric wire consistent with any program established by a fire department, police department, or 911 emergency dispatcher.</text> </paragraph> <paragraph num="D."> <text>Each utility shall exercise reasonable care to reduce the potential hazard caused by a downed electric wire to which its employees, its customers, and the general public may be subjected.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Customer Communications Standards."> <paragraph num="A."> <text>Customer Telephone Call Answer Time Standard. Each utility shall answer within 30 seconds, on an annual basis, at least 75 percent of all calls offered to the utility for customer service or outage reporting purposes.</text> </paragraph> <paragraph num="B."> <text>Abandoned Call Rate Standard. Each utility shall achieve an annual average abandoned call percentage rate of 5 percent or less, calculated by dividing the total number of abandoned calls by the total number of calls offered to the utility for customer service or outage reporting purposes.</text> </paragraph> <paragraph num="C."> <text>Busy Signals. Each utility shall design its telecommunications systems to accommodate expected volumes of customer calls with minimal or, if possible, no customer busy signals during both normal conditions and major outage events.</text> </paragraph> <paragraph num="D."> <text>Other Customer Communications Information. Each utility shall state in its supplemental annual performance report:</text> <paragraph num="(1)"> <text>Based solely upon those calls offered to its customer service representatives:</text> <paragraph num="(a)"> <text>The percentage of calls that are answered within 30 seconds; and</text> </paragraph> <paragraph num="(b)"> <text>The abandoned call percentage rate; and</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>The average speed of answer, which shall be calculated by dividing the total amount of time callers spend in queue after requesting to speak to a customer service representative through the automated voice response system by the total number of calls handled, including calls handled by the automated voice response system.</text> </paragraph> <paragraph num="(3)"> <text>First Call Resolution. Each utility shall measure the percentage of customer issues resolved that are reported to the utility in a single interaction with its customer service representatives.</text> </paragraph> <paragraph num="(4)"> <text>Average Handling Time. Each utility shall measure an average amount of time needed to resolve a customer’s request. This includes any time spent on holds, delays, or follow-up actions necessary to fulfill the customer’s needs.</text> </paragraph> <paragraph num="(5)"> <text>Vulnerable Individuals Notified Before Storms. Each utility shall measure the percentage of vulnerable individual customers notified in advance of a storm event.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Customer Communications Standards Period.</text> <paragraph num="(1)"> <text>Each standard in this regulation is measured using the 12-month period ending December 31.</text> </paragraph> <paragraph num="(2)"> <text>For the calendar year in which the regulations become effective, the standards shall be measured from the date the regulations are effective until and including December 31 of that year for reporting purposes only.</text> </paragraph> </paragraph> <paragraph num="F."> <text>Reporting. Each utility shall report its year-ending performance in its annual performance report.</text> </paragraph> <paragraph num="G."> <text>Except as otherwise set forth in §D of this regulation, the standards in this regulation shall apply to customer calls offered to or received by a utility's call overflow system or a third-party vendor retained by the utility.</text> </paragraph> <paragraph num="H."> <text>Corrective Action Plan. If a utility fails to satisfy the standard in §A, B or C, of this regulation, it shall provide a corrective action plan, preferably in its annual performance report but by no later than April 1.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".09" heading="Vegetation Management Requirements."> <paragraph num="A."> <text>Intent and Scope.</text> <paragraph num="(1)"> <text>It is the intent of the Commission that a utility engage in vegetation management programs that are necessary and appropriate to maintain safety and electric system reliability.</text> </paragraph> <paragraph num="(2)"> <text>The standards set forth in this regulation shall constitute minimum vegetation management requirements applicable to utilities in the State, and are not intended to supersede or prohibit a utility’s implementation of more aggressive vegetation management standards and practices.</text> </paragraph> <paragraph num="(3)"> <text>The vegetation management requirements in this chapter apply to the extent not limited by contract rights, property rights, or any controlling law or regulation of any unit of State or local government.</text> </paragraph> <paragraph num="(4)"> <text>This regulation applies to any electric transmission plant not regulated by the Federal Energy Regulatory Commission.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Technical Standards for Vegetation Management.</text> <paragraph num="(1)"> <text>Each utility shall ensure that vegetation management conducted on its energized plant is performed in accordance with the standards applicable to Maryland Licensed Tree Experts, which are incorporated by reference under COMAR 08.07.07.02.</text> </paragraph> <paragraph num="(2)"> <text>Each utility’s vegetation management program shall address, at a minimum, all of the following activities:</text> <paragraph num="(a)"> <text>Tree pruning and removal;</text> </paragraph> <paragraph num="(b)"> <text>Vegetation management around poles, substations, and energized overhead electric plant;</text> </paragraph> <paragraph num="(c)"> <text>Manual, mechanical, or chemical vegetation management along rights-of-way;</text> </paragraph> <paragraph num="(d)"> <text>Inspection of areas where vegetation management is performed after the vegetation management;</text> </paragraph> <paragraph num="(e)"> <text>Cultural control practices;</text> </paragraph> <paragraph num="(f)"> <text>Public education regarding vegetation management practices;</text> </paragraph> <paragraph num="(g)"> <text>Public and customer notice of planned vegetation management activities; and</text> </paragraph> <paragraph num="(h)"> <text>Debris management during routine vegetation management and during outage restoration efforts.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Each utility using a call center to handle vegetation management calls shall adopt a script or job aid that is specifically catered to vegetation management practices for usage by call center representatives.</text> </paragraph> <paragraph num="(4)"> <text>Each utility shall perform periodic reviews of its vegetation management complaints with the goal of improving its complaint resolution process, as necessary.</text> </paragraph> <paragraph num="(5)"> <text>Each utility shall develop its own vegetation management program, which shall be consistent with this regulation. In developing the program, a utility shall conduct its vegetation management and determine the extent and priority of vegetation management to be performed at a particular site based on these factors:</text> <paragraph num="(a)"> <text>The extent of the potential for vegetation to interfere with poles, substations, and energized overhead electric plant;</text> </paragraph> <paragraph num="(b)"> <text>The voltage of the affected energized conductor, with higher voltages requiring larger clearances;</text> </paragraph> <paragraph num="(c)"> <text>The relative importance of the affected energized conductor in maintaining safety and reliability;</text> </paragraph> <paragraph num="(d)"> <text>The type of conductors and type of overhead construction;</text> </paragraph> <paragraph num="(e)"> <text>The likely regrowth rate for each species of vegetation at the site;</text> </paragraph> <paragraph num="(f)"> <text>The potential movement of energized conductors and vegetation during various weather conditions;</text> </paragraph> <paragraph num="(g)"> <text>The utility’s legal rights to access the area where vegetation management is to be performed;</text> </paragraph> <paragraph num="(h)"> <text>The maturity of the vegetation;</text> </paragraph> <paragraph num="(i)"> <text>The identification of the structural condition of the vegetation, including the characteristics of a species as one having a high probability of causing a service interruption during weather events;</text> </paragraph> <paragraph num="(j)"> <text>State and local statutes, regulations, or ordinances affecting utility performance of vegetation management;</text> </paragraph> <paragraph num="(k)"> <text>Customer or owner of the property acceptance of the proposed vegetation management where the utility does not have legal rights to perform vegetation management; and</text> </paragraph> <paragraph num="(l)"> <text>Any other appropriate factor approved by the Commission.</text> </paragraph> </paragraph> <paragraph num="(6)"> <text>Each utility shall file a copy of its vegetation management program with the Commission within 90 days of the effective date of this regulation. If a utility makes a change in its vegetation management program, the utility shall file a copy of the change with the Commission no later than 30 days prior to implementing the change, unless exigent circumstances warrant implementation without prior notice, in which case the change shall be filed by no later than 30 days after implementation.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Training, Record Keeping, and Reporting.</text> <paragraph num="(1)"> <text>Each utility shall adopt standards, to the extent not covered by other existing law, to be used by all persons who perform vegetation management for the utility, whether employees or contractors, for the proper care of trees and other woody plants, including safety practices and line clearance techniques.</text> </paragraph> <paragraph num="(2)"> <text>The utility shall monitor and document scheduled vegetation management and related activities the utility or its contractor performs. Documentation shall include, but is not limited to:</text> <paragraph num="(a)"> <text>Identification of each circuit or substation or, if applicable, both circuit and substation where vegetation management was performed;</text> </paragraph> <paragraph num="(b)"> <text>The type of vegetation management performed including removal, trimming, and spraying and methods used;</text> </paragraph> <paragraph num="(c)"> <text>The name of the Maryland Licensed Tree Expert responsible for oversight of vegetation management at the circuit or substation level;</text> </paragraph> <paragraph num="(d)"> <text>The approximate date of activity;</text> </paragraph> <paragraph num="(e)"> <text>Any occurrence resulting in serious injury to a person as a result of vegetation management activities; and</text> </paragraph> <paragraph num="(f)"> <text>When a utility seeks to remove a tree or limb, but is unable to do so because permission or cooperation is not obtained.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Each utility shall include a summary of the information required under §C(2) of this regulation about its vegetation management during the preceding calendar year, and shall describe vegetation management planned for the current calendar year, as part of the annual performance report required to be filed with the Commission under Regulation .11 of this chapter. The annual performance report also shall include:</text> <paragraph num="(a)"> <text>Expenditures for vegetation management measured using all-in vegetation management costs in the preceding calendar year;</text> </paragraph> <paragraph num="(b)"> <text>Vegetation management budget for the current calendar year;</text> </paragraph> <paragraph num="(c)"> <text>Circuits or substations, completion dates, and the estimated number of overhead circuit miles trimmed in the preceding calendar year in compliance with the cyclical vegetation management requirements set forth under §F of this regulation;</text> </paragraph> <paragraph num="(d)"> <text>Circuits or substations and the estimated number of overhead circuit miles scheduled for the current calendar year in compliance with the cyclical vegetation management requirements set forth under §F of this regulation;</text> </paragraph> <paragraph num="(e)"> <text>Total overhead circuit miles for the system; and</text> </paragraph> <paragraph num="(f)"> <text>If applicable, a corrective action plan, preferably in its annual performance report or, if necessary, in the supplemental annual performance report.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>Each utility shall report its own violation of this chapter to the Commission within 60 days of discovery and include its plan for correcting each violation.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Public Notice of Planned Vegetation Management.</text> <paragraph num="(1)"> <text>Each utility shall make a reasonable attempt to notify an owner or occupant of all properties upon which cyclical, planned vegetation management is to be performed. This requirement will be satisfied if the utility provides notice to affected property owners or occupants at least 7 days, but not more than 120 days, prior to performing cyclical, planned vegetation management activity. Notice shall be provided by direct mailing, door hanger, postcard, personal contact, or a different method if approved by the Commission, but may not be made solely by bill insert. All direct mailings, door hangers, postcards, or any other method approved by the Commission shall include the contact information of a dedicated group for customers to call for further information. Nothing in this regulation prohibits a utility from using more than one of these methods.</text> </paragraph> <paragraph num="(2)"> <text>Each utility or its contractor shall provide written notice of any cyclical, planned vegetation management activities to a primary contact for each county and municipality affected at least 2 months before commencing the activities unless the county or municipality notifies the utility that written notification is not required.</text> </paragraph> <paragraph num="(3)"> <text>Each utility shall include on its website general information about upcoming vegetation management planned work and shall include a link or reference to the Maryland Department of Natural Resources’ website for additional information about tree experts and related information.</text> </paragraph> <paragraph num="(4)"> <text>For all tree removals that have been readily identified on residential properties, each utility shall proactively contact the customer or owner of the property to discuss the removal of the tree prior to performing the work.</text> </paragraph> <paragraph num="(5)"> <text>Each utility shall provide the option for customers or the owner of the property to have direct communication with a utility vegetation management representative within 7 business days.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Outreach Programs.</text> <paragraph num="(1)"> <text>Each utility shall conduct an annual public education program to inform its customers, as well as a primary contact for each county and municipality in the utility’s service territory, of the importance of vegetation management, and of the utility’s role and responsibility in managing vegetation near electric lines, poles, and substations.</text> </paragraph> <paragraph num="(2)"> <text>The public education program required under this section shall be implemented by direct mail, bill inserts, or a different method if approved by the Commission.</text> </paragraph> <paragraph num="(3)"> <text>Each utility shall post its vegetation management public education materials on its website.</text> </paragraph> </paragraph> <paragraph num="F."> <text>Specific Requirements. Each utility shall perform vegetation management based on the following schedule:</text> <paragraph num="(1)"> <text>Initially beginning on January 1 of the year immediately following the effective date of this regulation, a utility on a 4-year trim cycle shall within:</text> <paragraph num="(a)"> <text>12 months perform vegetation management on not less than 15 percent of its total distribution miles;</text> </paragraph> <paragraph num="(b)"> <text>24 months perform vegetation management on not less than 40 percent of its total distribution miles;</text> </paragraph> <paragraph num="(c)"> <text>36 months perform vegetation management on not less than 70 percent of its total distribution miles; and</text> </paragraph> <paragraph num="(d)"> <text>4 years perform vegetation management on not less than 100 percent of its total distribution miles.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Initially beginning on January1 of the year immediately following the effective date of this regulation, a utility on a 5-year trim cycle shall within:</text> <paragraph num="(a)"> <text>12 months perform vegetation management on not less than 12 percent of its total distribution miles;</text> </paragraph> <paragraph num="(b)"> <text>24 months perform vegetation management on not less than 32 percent of its total distribution miles;</text> </paragraph> <paragraph num="(c)"> <text>36 months perform vegetation management on not less than 56 percent of its total distribution miles;</text> </paragraph> <paragraph num="(d)"> <text>48 months perform vegetation management on not less than 75 percent of its total distribution miles; and</text> </paragraph> <paragraph num="(e)"> <text>5 years perform vegetation management on not less than 100 percent of its total distribution miles.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Each utility shall follow the vegetation management performance requirement under §F(1) or (2) of this regulation for each subsequent trim cycle.</text> </paragraph> </paragraph> <paragraph num="G."> <text>Vegetation management shall be performed based on the factors set forth under §B(3) of this regulation. The following minimum clearances shall be obtained at the time vegetation management is conducted to the extent not limited by contract rights, property rights or other controlling legal authority:</text> <paragraph num="(1)"> <text>Horizontal clearances:</text> <paragraph num="(a)"> <text>Greater than 34.5 kV: The clearance from the conductors shall be the greater of 15 feet or 4 years’ growth if using a 4-year trim cycle (or 5 years’ growth if using a 5-year trim cycle). Horizontal clearance beneath the conductors shall be measured radially.</text> </paragraph> <paragraph num="(b)"> <text>From 14 kV to 34.5 kV: The clearance from the conductors shall be the greater of 10 feet or 4 years’ growth if using a 4-year trim cycle (or 5 years’ growth if using a 5-year trim cycle). Horizontal clearance beneath the conductors shall be measured radially.</text> </paragraph> <paragraph num="(c)"> <text>Less than 14 kV but at least 600 volts: The clearance from the conductors shall be 4 years’ growth if using a 4-year trim cycle (or 5 years’ growth if using a 5-year trim cycle). Horizontal clearance beneath the conductors shall be measured radially.</text> </paragraph> <paragraph num="(d)"> <text>For a conductor with a voltage from 14 kV to 34.5 kV which is operated only as a distribution feeder, the horizontal clearance shall be as set forth under §G(1)(c) of this regulation as if its voltage were less than 14 kV but at least 600 volts.</text> </paragraph> <paragraph num="(e)"> <text>The horizontal clearances are the minimum clearances the utility shall establish during each cyclical planned vegetation management trim cycle.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Vertical clearances:</text> <paragraph num="(a)"> <text>Greater than 34.5 kV: The vertical clearance above the conductors shall be established by removing all overhanging limbs within the maximum horizontal clearance zone specified under §G(1)(a) of this regulation. The vertical clearance below the conductors shall be the greater of 15 feet or 4 years’ growth (or 5 years’ growth if using a 5-year trim cycle). The vertical clearance below the conductors shall be measured radially. See Figure No. 1</text> </paragraph> <paragraph num="(b)"> <text>From 14 kV to 34.5 kV: The vertical clearance above the conductors shall be established by removing all overhanging limbs above the conductors within the horizontal clearance zone specified under §G(1)(b) of this Regulation. The vertical clearance below the conductors shall be the greater of 10 feet or 4 years’ growth (or 5 years’ growth if using a 5-year trim cycle). The vertical clearance below the conductors shall be measured radially. See Figure No. 2.</text> </paragraph> <paragraph num="(c)"> <text>Less than 14 kV but at least 600 volts:</text> <paragraph num="(i)"> <text>Multiple open wires on a cross-arm or armless construction from the substation to the first protective device: The vertical clearance above the conductors shall be established by removing all overhanging limbs above the conductors within the horizontal clearance zone specified under §G(1)(c) of this regulation. The vertical clearance below the conductors shall be 4 years’ growth (or 5 years’ growth if using a 5-year trim cycle). The vertical clearance below the conductors shall be measured radially. See Figure 3.</text> </paragraph> <paragraph num="(ii)"> <text>Except as provided in §G(2)(c)(i) for multiple open wires on a cross-arm or armless construction, the vertical clearance above the conductors shall be 15 feet. The vertical clearance below the conductors shall be 4 years’ growth (or 5 years’ growth if using a 5-year trim cycle). The vertical clearances above and below the conductor shall be measured radially.</text> </paragraph> <paragraph num="(iii)"> <text>Spacer cable, tree wire with messenger cable above, aerial cable, and single-phase: The vertical clearance above the conductors shall be 6 feet. The vertical clearance below the conductors shall be 4 years’ growth (or 5 years’ growth if using a 5-year trim cycle). The vertical clearance above and beneath the conductors shall be measured radially.</text> </paragraph> </paragraph> <paragraph num="(d)"> <text>For a conductor with a voltage from 14 kV to 34.5 kV which is operated only as a distribution feeder, the vertical clearance shall be as set forth in the corresponding standard contained in §G(2)(c) of this regulation as if its voltage were less than 14 kV but at least 600 volts.</text> </paragraph> <paragraph num="(e)"> <text>The vertical clearances are the minimum clearances the utility shall establish during each cyclical planned vegetation management trim cycle.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Mature trees may be exempt from the minimum clearance requirements specified above at the utility's reasonable discretion for voltage levels at 34.5 kV and below.</text> </paragraph> </paragraph> <paragraph num="H."> <text>Federal Energy Regulatory Commission Jurisdictional Transmission Plant. Each utility shall file with the Commission’s Engineering Division a copy of all Vegetation Management Transmission Outage Report filings associated with a transmission line outage in Maryland that are filed with the Federal Energy Regulatory Commission or an entity approved by the Federal Energy Regulatory Commission. If the information is confidential or critical energy infrastructure information, the utility shall advise the Commission’s Engineering Division in writing and make the information available for review at a mutually agreeable time and location.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".10" heading="Periodic Equipment Inspections."> <paragraph num="A."> <text>Each utility shall adopt and follow written operation and maintenance procedures for its electric plant in order to maintain safe and reliable service. The operation and maintenance programs shall account for the utility's experience, good engineering practices, and judgment, and manufacturer’s recommendations.</text> </paragraph> <paragraph num="B."> <text>Each electric utility shall file its written operation and maintenance programs required under §A of this regulation with the Commission within 60 days from the effective date of these regulations and the programs shall be designed to achieve, at a minimum, the level of reliability established by the Commission's regulations.</text> </paragraph> <paragraph num="C."> <text>If the electric utility makes a material change to its written operation and maintenance programs required under §B of this regulation, the utility shall file the change with the Commission not less than 60 days prior to implementing the change, unless exigent circumstances warrant implementation without prior notice, in which case the change shall be filed by no later than 30 days after implementation. The filing shall describe each change and the reason for the change.</text> </paragraph> <paragraph num="D."> <text>The operation and maintenance programs required by §B of this regulation shall:</text> <paragraph num="(1)"> <text>Include the frequency or triggers for performing an inspection;</text> </paragraph> <paragraph num="(2)"> <text>Identify the electric plant inspections to be performed; and</text> </paragraph> <paragraph num="(3)"> <text>Identify acceptance criteria for the inspections.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Except as provided under §D of this regulation and Regulation .09 of this chapter, the operation and maintenance programs required by §B of this regulation need not include detailed procedures and shall include a description of the corrective maintenance priorities and general timelines for the overall repair of the electric plant.</text> </paragraph> <paragraph num="F."> <text>Each utility shall maintain sufficient records to give evidence of compliance with its operation and maintenance programs and shall self-report compliance and non-compliance with its maintenance program each year in its annual performance report.</text> </paragraph> <paragraph num="G."> <text>If a utility fails to comply with its operation and maintenance programs and has not received a stay of enforcement pursuant to §H of this regulation, the utility shall provide a corrective action plan, preferably in its annual performance report but by no later than April 1.</text> </paragraph> <paragraph num="H."> <text>If a utility cannot perform regular periodic electric plant maintenance work on its electric distribution system according to timeline requirements documented in its operation and maintenance program manual or its vegetation management program pursuant to Regulation .09 of this chapter, the electric company may request a stay of enforcement on a form specified by the Commission. The stay of enforcement request shall demonstrate that the electric company has a good cause for delay, can maintain safety and reliability for the duration of the stay of enforcement, and provides an abatement plan to return to normal timeline requirements. Approval of both the stay of enforcement request and the return to normal shall be delegated to the Commission’s Engineering Division.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".11" heading="Annual Performance Reports."> <paragraph num="A."> <text>On or before April 1 of each year, each utility shall file an annual performance report which shall include, at a minimum, the following:</text> <paragraph num="(1)"> <text>The reliability index information and results required in this chapter, including a table showing the actual values of the reliability indices required in this chapter for each of the preceding 3 calendar years;</text> </paragraph> <paragraph num="(2)"> <text>Annual year-end and 3-year average performance results as required under Public Utilities Article, §7-213(g)(2)(i) and (ii), Annotated Code of Maryland, including a table showing the actual values for each of the preceding 3 calendar years;</text> </paragraph> <paragraph num="(3)"> <text>The time periods during which major outage event interruption data and, if a cooperatively owned utility, the outage data resulting from an outage event occurring on another utility's electric system was excluded from the CAIDI, SAIDI, and SAIFI indices, including a brief description of the interruption causes during each time period;</text> </paragraph> <paragraph num="(4)"> <text>A description of the utility’s reliability objectives, planned actions and projects, and programs for providing reliable electric service;</text> </paragraph> <paragraph num="(5)"> <text>An assessment of the results and effectiveness of the utility’s reliability objectives, planned actions and projects, programs, and load studies in achieving an acceptable reliability level as required under Public Utilities Article, §7-213(g)(2)(iii), Annotated Code of Maryland. The assessment of the results and effectiveness shall include, to the extent estimated or determined by the utility, the program's, project’s, or planned action’s impact on reliability indices, including CAIDI, SAIDI, and SAIFI and any other reliability index considered. The method for estimating or determining the impact on any reliability index shall be explained;</text> </paragraph> <paragraph num="(6)"> <text>Current year expenditures, an estimate or budget amount for the following 2 calendar years, if available, current year labor resources hours, and progress measures for each capital and maintenance program designed to support the maintenance of reliable electric service as required under Public Utilities Article, §7-213(g)(2)(iv)(1), Annotated Code of Maryland;</text> </paragraph> <paragraph num="(7)"> <text>An explanation for any material differences between current year expenditures and cost estimates filed pursuant to §A(6) of this regulation;</text> </paragraph> <paragraph num="(8)"> <text>The number of outages by outage type as required under Public Utilities Article, §7-213(g)(2)(iv)(2), Annotated Code of Maryland, including planned outage, nonplanned outage minus major outage event, and major outage event;</text> </paragraph> <paragraph num="(9)"> <text>The number of outages by outage cause required under Public Utilities Article §7-213(g)(2)(iv)(3), Annotated Code of Maryland, including, but not limited to, animals, overhead equipment failure, and underground equipment failure;</text> </paragraph> <paragraph num="(10)"> <text>The total number of customers that experienced an outage required under Public Utilities Article, §7-213(g)(2)(iv)(4), Annotated Code of Maryland;</text> </paragraph> <paragraph num="(11)"> <text>The total number of customer minutes of outage time required under Public Utilities Article, §7-213(g)(2)(iv)(5), Annotated Code of Maryland;</text> </paragraph> <paragraph num="(12)"> <text>To the extent practicable, a breakdown, by the number of days each customer was without electric service, of the number of customers that experienced an outage required under Public Utilities Article, §7-213(g)(2)(iv)(6), Annotated Code of Maryland;</text> </paragraph> <paragraph num="(13)"> <text>Poorest performing feeder information and results required in this chapter; and</text> </paragraph> <paragraph num="(14)"> <text>Multiple device activation information and results required in this chapter.</text> </paragraph> </paragraph> <paragraph num="B."> <text>On or before April 1 of each year, each utility shall file a supplemental annual performance report which shall include, at a minimum, the following:</text> <paragraph num="(1)"> <text>The actual operation and maintenance and capital expenditures for the past 3 calendar years for each of the utility's reliability programs, including, but not limited to underground and overhead distribution plant inspection, maintenance and replacement programs, vegetation management, subtransmission inspection and maintenance programs, and distribution substation plant inspection and maintenance programs;</text> </paragraph> <paragraph num="(2)"> <text>Service restoration requirement information and results required in this chapter;</text> </paragraph> <paragraph num="(3)"> <text>Downed wire response performance information and results required in this chapter;</text> </paragraph> <paragraph num="(4)"> <text>Customer communications performance information and results required in this chapter;</text> </paragraph> <paragraph num="(5)"> <text>The vegetation management information required in this chapter;</text> </paragraph> <paragraph num="(6)"> <text>Periodic equipment inspection information and results required in this chapter;</text> </paragraph> <paragraph num="(7)"> <text>For the immediately preceding calendar year, and considering normal conditions only:</text> <paragraph num="(a)"> <text>The number of downed electric utility wires to which the utility responded in:</text> <paragraph num="(i)"> <text>3 hours or less;</text> </paragraph> <paragraph num="(ii)"> <text>More than 3 hours but less than 8 hours; and</text> </paragraph> <paragraph num="(iii)"> <text>8 hours or more; and</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>The total number of downed electric utility wires reported to the utility;</text> </paragraph> </paragraph> <paragraph num="(8)"> <text>Any corrective action plans required under Public Utilities Article, §7-213(e)(1)(iii), Annotated Code of Maryland, or this chapter; and</text> </paragraph> <paragraph num="(9)"> <text>The number of manhole and conduit events during the preceding year that result in a lid displacement, the date of the event, the location and feeder designation, whether the event involved a feeder, primary or secondary services, and the number of customer outages recorded.</text> </paragraph> </paragraph> <paragraph num="C."> <text>The Commission may designate a specific report format for the information required to be included in the written reports mandated under §§A and B of this regulation.</text> </paragraph> <paragraph num="D."> <text>The Commission may require reporting information required to track performance under these regulations on a quarterly basis on a form approved by the Commission.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".12" heading="Major Outage Event Plan."> <paragraph num="A."> <text>Within 60 days of the effective date of this regulation, each utility shall file a major outage event response plan providing a description of and procedures for its response to major outage events, and performance measures associated with the assessment of the implementation of the major outage event response plan, including, but not limited, to the following topics and issues:</text> <paragraph num="(1)"> <text>Preparation, training, and drills;</text> </paragraph> <paragraph num="(2)"> <text>Early warning and storm tracking;</text> </paragraph> <paragraph num="(3)"> <text>Emergency organization structure;</text> </paragraph> <paragraph num="(4)"> <text>Activation and mobilization;</text> </paragraph> <paragraph num="(5)"> <text>Materials management and logistics;</text> </paragraph> <paragraph num="(6)"> <text>Major outage event restoration priorities, including, but not limited to:</text> <paragraph num="(a)"> <text>How the utility prioritizes restoration customers; and</text> </paragraph> <paragraph num="(b)"> <text>How the utility communicates with customers that are identified as high priority due to medical needs for electricity and how it schedules restoration actions for such customers;</text> </paragraph> </paragraph> <paragraph num="(7)"> <text>Damage assessment;</text> </paragraph> <paragraph num="(8)"> <text>Public safety, including wire down response;</text> </paragraph> <paragraph num="(9)"> <text>Crew deployment;</text> </paragraph> <paragraph num="(10)"> <text>External communications, including communications with emergency officials, the public, and other persons;</text> </paragraph> <paragraph num="(11)"> <text>Internal communications;</text> </paragraph> <paragraph num="(12)"> <text>Communications technology use, including high call volume capability and capacity;</text> </paragraph> <paragraph num="(13)"> <text>Development of estimated times of restoration and assessment of estimated times of restoration accuracy;</text> </paragraph> <paragraph num="(14)"> <text>Ramp-down; and</text> </paragraph> <paragraph num="(15)"> <text>Major outage event performance review.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Each utility shall file with the Commission any material change to its major outage event response plan at least 60 days prior to implementation, unless it will delay implementation of the change in a manner inconsistent with restoring service in the shortest time practicable, in which case the change shall be filed by no later than 30 days after implementing the change.</text> </paragraph> <paragraph num="C."> <text>Each utility shall comply with its major outage event response plan when preparing for and responding to major outage events.</text> </paragraph> <paragraph num="D."> <text>The major outage event response plan shall be filed as a publicly available document. To the extent that some information may be considered confidential, a redacted version shall also be filed.</text> </paragraph> <paragraph num="E."> <text>Major outage event response plan information may be shared without restriction with state officials that participate in a Maryland Department of Emergency Management activation of the State Emergency Operations Center.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".13" heading="Major Outage Event Reporting."> <paragraph num="A."> <text>Written Reports. Each utility shall file a written report with the Commission within 35 calendar days of the end of a major outage event.</text> </paragraph> <paragraph num="B."> <text>Contents. The written report shall contain:</text> <paragraph num="(1)"> <text>The total number of Maryland customers served by the utility;</text> </paragraph> <paragraph num="(2)"> <text>The date and time when the major outage event started;</text> </paragraph> <paragraph num="(3)"> <text>The date and time when all sustained interruptions in Maryland related to the major outage event were restored;</text> </paragraph> <paragraph num="(4)"> <text>The total number of Maryland customers who experienced a sustained interruption of service related to the major outage event;</text> </paragraph> <paragraph num="(5)"> <text>The total number of customer interruption hours experienced by customers reported under §B(4) of this regulation;</text> </paragraph> <paragraph num="(6)"> <text>The average duration of customer service interruption, expressed in hours, and calculated by dividing the total number of customer interruption hours reported in §B(5) of this regulation by the total number of Maryland customers who experienced an interruption reported in §B(4) of this regulation;</text> </paragraph> <paragraph num="(7)"> <text>The maximum number of Maryland customers who concurrently experienced a sustained interruption related to the major outage event and the date and time this occurred;</text> </paragraph> <paragraph num="(8)"> <text>The number of Maryland customers who experienced a sustained interruption recorded at a maximum of 6-hour intervals throughout the major outage event;</text> </paragraph> <paragraph num="(9)"> <text>Information about requests for outside assistance, including the:</text> <paragraph num="(a)"> <text>Name of the organization to which the request was made;</text> </paragraph> <paragraph num="(b)"> <text>Date and time of the request; and</text> </paragraph> <paragraph num="(c)"> <text>Resources requested;</text> </paragraph> </paragraph> <paragraph num="(10)"> <text>Information about outside assistance received, including the:</text> <paragraph num="(a)"> <text>Name of the organization providing crews and the nature of the assistance, i.e., mutual assistance, third-party contractor crew normally dedicated to the utility, additional third-party contractor crew, or other (explain in report);</text> </paragraph> <paragraph num="(b)"> <text>Date and time of crew arrivals and departures;</text> </paragraph> <paragraph num="(c)"> <text>Number and types of vehicles;</text> </paragraph> <paragraph num="(d)"> <text>Total number of personnel;</text> </paragraph> <paragraph num="(e)"> <text>Number of personnel on primary overhead line crews;</text> </paragraph> <paragraph num="(f)"> <text>Number of personnel on secondary overhead line crews;</text> </paragraph> <paragraph num="(g)"> <text>Number of personnel on tree trimming crews; and</text> </paragraph> <paragraph num="(h)"> <text>Number of other personnel.</text> </paragraph> </paragraph> <paragraph num="(11)"> <text>Information about electric utility crews working on restoration, including the following:</text> <paragraph num="(a)"> <text>Number and types of vehicles;</text> </paragraph> <paragraph num="(b)"> <text>Total number of personnel;</text> </paragraph> <paragraph num="(c)"> <text>Number of personnel on primary overhead line crews;</text> </paragraph> <paragraph num="(d)"> <text>Number of personnel on secondary overhead line crews;</text> </paragraph> <paragraph num="(e)"> <text>Number of personnel on damage assessment crews;</text> </paragraph> <paragraph num="(f)"> <text>Number of personnel on tree trimming crews; and</text> </paragraph> <paragraph num="(g)"> <text>Number of other personnel.</text> </paragraph> </paragraph> <paragraph num="(12)"> <text>The following information about communications with customers:</text> <paragraph num="(a)"> <text>The total number of calls received by the utility during each hour of the major outage event;</text> </paragraph> <paragraph num="(b)"> <text>The total number of calls answered by the utility’s voice response system, customer service representatives, and any high volume call systems during each hour of the major outage event;</text> </paragraph> <paragraph num="(c)"> <text>The total number of customer service representatives logged into the call center and supporting phone systems actively taking or waiting to take customer calls on an hourly basis during the major outage event; and</text> </paragraph> <paragraph num="(d)"> <text>On a daily basis during the length of the outage and for the entire major outage event, the percentage of all calls that were offered and answered by the utility’s voice response system, customer service representatives, and any high volume call systems within a 30-second timeframe and within a 60-second timeframe.</text> </paragraph> </paragraph> <paragraph num="(13)"> <text>With regard to system damage, the number of each of the following occurring during restoration:</text> <paragraph num="(a)"> <text>Poles replaced as a percentage of total utility owned or partially owned poles;</text> </paragraph> <paragraph num="(b)"> <text>Distribution transformers replaced;</text> </paragraph> <paragraph num="(c)"> <text>Fuses replaced;</text> </paragraph> <paragraph num="(d)"> <text>Downed wires;</text> </paragraph> <paragraph num="(e)"> <text>Substations with damaged equipment and substations outages due to loss of one or multiple supplies;</text> </paragraph> <paragraph num="(f)"> <text>State highways blocked due to electric utility wires that are referred to the utility for remediation; and</text> </paragraph> <paragraph num="(g)"> <text>Traffic signals reported out of service by government agencies that are referred to the utility for remediation;</text> </paragraph> </paragraph> <paragraph num="(14)"> <text>Any issues concerning the availability of materials or equipment that affected restoration progress, including a description of how any unavailability affected restoration, and a description of the emergency measures taken to resolve the issues;</text> </paragraph> <paragraph num="(15)"> <text>A self-assessment, including lessons learned and future plans to improve service restoration efforts during major outage events;</text> </paragraph> <paragraph num="(16)"> <text>A description of the manner in which customers were informed of the status of the outages in their geographic area by means of the customer call center or by other means of customer communications;</text> </paragraph> <paragraph num="(17)"> <text>A description of the manner in which the utility informed elected officials, government officials, and members of the public of the status of the outage and restoration efforts;</text> </paragraph> <paragraph num="(18)"> <text>A description of the manner in which the utility estimated restoration times;</text> </paragraph> <paragraph num="(19)"> <text>A description of any areas where the utility did not comply with its major outage event response plan;</text> </paragraph> <paragraph num="(20)"> <text>The number of customer service interruptions under §B(4) of this regulation and the number of customer service interruption hours under §B(5) of this regulation categorized by outage caused by each one of the following:</text> <paragraph num="(a)"> <text>All outage causes typically provided in annual performance reports pursuant to Regulation .11 of this chapter;</text> </paragraph> <paragraph num="(b)"> <text>A description of the outage causes due to physical security or cybersecurity attacks;</text> </paragraph> <paragraph num="(c)"> <text>A description of any outage causes due to transmission or energy supply disruptions;</text> </paragraph> <paragraph num="(d)"> <text>A description of any other outage causes due to natural weather phenomena not typically encountered;</text> </paragraph> <paragraph num="(e)"> <text>Ice accumulation on conductors; and</text> </paragraph> <paragraph num="(f)"> <text>Each other direct cause of interruption of service to 5 percent or more of total customers interrupted, listing and providing a descriptive name for each cause;</text> </paragraph> </paragraph> <paragraph num="(21)"> <text>For each interruption to normal expected information technology systems used to manage a major outage event, details on deficiencies experienced in these systems including dates, time, and duration of any interruptions to normal expected functionality for the following:</text> <paragraph num="(a)"> <text>Real time operating systems used to monitor and control the event including, but not limited to, distribution automation systems, energy management systems, and outage management systems;</text> </paragraph> <paragraph num="(b)"> <text>Advanced meter infrastructure systems;</text> </paragraph> <paragraph num="(c)"> <text>Web-based outage reporting systems;</text> </paragraph> <paragraph num="(d)"> <text>Web-based outage information systems such as outage maps;</text> </paragraph> <paragraph num="(e)"> <text>Interactive Voice Response (IVR) systems;</text> </paragraph> <paragraph num="(f)"> <text>Phone systems;</text> </paragraph> <paragraph num="(g)"> <text>Mobile data systems used to receive information from field crews;</text> </paragraph> <paragraph num="(h)"> <text>The data interface that provides outage information to the Maryland Department of Emergency Management outage map application; and</text> </paragraph> <paragraph num="(i)"> <text>Any utility business systems directly impacted by the major outage event;</text> </paragraph> </paragraph> <paragraph num="(22)"> <text>The percentage of total Maryland customers who had service restored in 50 hours pursuant to Regulation .06B of this chapter;</text> </paragraph> <paragraph num="(23)"> <text>If the company could not safely work due to high wind conditions for the major outage event, an explanation of the company policy and how this impacted restoration;</text> </paragraph> <paragraph num="(24)"> <text>The percentage of calls that are answered within 30 seconds, the abandoned call percentage rate, and the average speed of answer pursuant to Regulation .08D of this chapter, except measured only for the duration of the major outage event;</text> </paragraph> <paragraph num="(25)"> <text>The average amount of time customers were put on hold for every hour during the major outage event after the customer selected the option to talk to a call center representative in the electric company’s Interactive Voice Response (IVR) system:</text> <paragraph num="(a)"> <text>Before talking to a call center representative; and</text> </paragraph> <paragraph num="(b)"> <text>Before dropping off the call after waiting unsuccessfully to reach a call center representative.</text> </paragraph> </paragraph> <paragraph num="(26)"> <text>For the duration of the major outage event, the number of customers experiencing multiple sustained interruptions, categorized by the number of multiple sustained interruptions, such as the number of customers experiencing “n” sustained interruptions, where n= 1, 2, 3, etc.;</text> </paragraph> <paragraph num="(27)"> <text>The downed wire response performance to a government emergency responder guarded downed electric utility wire within 3 hours after notification by a fire department, police department, or 911 emergency dispatcher pursuant to Regulation .07A of this chapter, except measured only for this major outage event;</text> </paragraph> <paragraph num="(28)"> <text>The number of peak sustained interruptions restored by county and municipal jurisdiction for the duration of the major outage event;</text> </paragraph> <paragraph num="(29)"> <text>The number of customers sustained interruptions caused by off-right-of-way trees;</text> </paragraph> <paragraph num="(30)"> <text>All press releases, if any, issued and details on the date, time, location, and company participants in all press conferences held, if any;</text> </paragraph> <paragraph num="(31)"> <text>The date and time centralized and regional emergency operations centers, district headquarters, and mutual assistance staging areas activated for the major outage event were operational completed;</text> </paragraph> <paragraph num="(32)"> <text>Electric system infrastructure that was damage assessed and how this damage assessment information was used to establish a Global ETR;</text> </paragraph> <paragraph num="(33)"> <text>The number of Maryland critical facilities who experienced a sustained interruption recorded at a maximum of 6-hour intervals throughout the major outage event; and</text> </paragraph> <paragraph num="(34)"> <text>The percentage critical facility sustained interruptions restored within 24 hours and 48 hours of the start of the major outage event.</text> </paragraph> </paragraph> <paragraph num="C."> <text>The Commission may designate a specific report format for the information required to be included in the written report mandated under this regulation.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".14" heading="Customer Perception Surveys."> <paragraph num="A."> <text>Each utility shall perform a customer perception survey no less than every 4 years.</text> </paragraph> <paragraph num="B."> <text>The objective of the survey is to measure customer perceptions regarding the utility's overall performance, reliability performance, vegetation management activities, effectiveness of customer communications, and service quality performance.</text> </paragraph> <paragraph num="C."> <text>By April 1, 2026, and every 4 years thereafter, unless otherwise directed by the Commission, each utility shall file customer perception survey results that shall be included with each utility’s submittal under Regulation .02D(7)(b) of this chapter.</text> </paragraph> <paragraph num="D."> <text>Each utility shall use a survey process as determined by the Commission, in which the survey question themes and associated rating scales shall be consistent among all utilities.</text> </paragraph> <paragraph num="E."> <text>Each utility shall determine a communication methodology to reach customers in regard to collecting survey data and survey sample size to reflect a margin of error of plus or minus 5 percent at a minimum 90 percent confidence level for both the residential and commercial customer segments.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".15" heading="Resilience Plans."> <paragraph num="A."> <text>This regulation applies after January 1, 2024.</text> </paragraph> <paragraph num="B."> <text>An electric utility shall have resilience plans to prepare for and recover from various utility-defined credible event threat scenarios such as pandemics, physical attacks, cyber attacks, electric supply shortages, weather events, significant infrastructure failures, and other credible disturbances with the potential to lead to large and widespread electric outages or loss of critical facilities essential for public health and safety.</text> </paragraph> <paragraph num="C."> <text>In consultation with State and local jurisdictions, a utility’s resilience plans shall identify critical facilities.</text> </paragraph> <paragraph num="D."> <text>An electric utility’s resilience plans shall be made confidentially available for Commission inspection, upon request.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".16" heading="Specific Information Request."> <paragraph num="A."> <text>After a complaint, report, or inspection, the Commission’s Engineering Division may send an electric company a specific information request.</text> </paragraph> <paragraph num="B."> <text>An electric company shall respond within 10 working days after receipt of a specific information request relating to a possible reportable incident under COMAR 20.50.03.04F.</text> </paragraph> <paragraph num="C."> <text>Except as provided under §B of this regulation, an electric company shall respond within 30 days after receipt of a specific information request.</text> </paragraph> <paragraph num="D."> <text>The Commission’s Engineering Division may waive the requirements of §B or C of this regulation upon written request from an electric company operator demonstrating sufficient cause.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".17" heading="Electric Underground Location Services."> <paragraph num="A."> <text>A utility shall make available suitable equipment and personnel to provide electric underground location services upon reasonable request of interested persons, in compliance with Public Utilities Article, Title 12, Subtitle 1, Annotated Code of Maryland.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".18" heading="Estimated Times of Restoration and Associated Messaging."> <paragraph num="A."> <text>In the absence of conditions that allow or dictate a more circumscribed ETR, a utility shall issue a Global ETR within 24 hours of the end of the cause of the major outage event. Should completion of the damage assessment required as the result of the major outage event require more time, this period shall be extended by the electric company.</text> </paragraph> <paragraph num="B."> <text>The Global ETR should be reviewed at least once every 24 hours and modified when information is received that would significantly change the Global ETR or allow a more precise ETR for a specific, smaller area.</text> </paragraph> <paragraph num="C."> <text>An assessment message statement that indicates the electric company is assessing the system, including a safety message, should be posted within 4 hours, if not immediately, upon the end of the cause of the major outage event.</text> </paragraph> <paragraph num="D."> <text>A restoration message statement that indicates when a majority of the electric company’s customers within the entire service territory will be restored shall be delivered to customers within 24 hours following completion of the initial damage assessment.</text> </paragraph> <paragraph num="E."> <text>When a Zonal ETR can be established, the electric company shall issue a restoration message statement that indicates when at least 90 percent of the electric company’s customers, who were affected by the original major outage event within a zone, will be restored.</text> </paragraph> <paragraph num="F."> <text>Global and Zonal ETRs will be reviewed by the utility, at least once every 24 hours during a major outage event and updated when better information becomes available.</text> </paragraph> <paragraph num="G."> <text>An ETR, whether Global or Zonal, shall be considered accurate if at least 90 percent of the customers affected by the original storm event are restored by the last applicable Global or Zonal ETR provided to the customer.</text> </paragraph> <paragraph num="H."> <text>Following a major outage event, utilities shall perform a self-assessment of the quality of Global and Zonal ETRs provided to customers as part of lessons learned activities in its Major Outage Event Report pursuant to COMAR 20.50.12.13. Elements to be considered include the accuracy of the original ETR in terms of hours, the number of adjustments to the original ETR, the reasons for updating the ETR, significant external influences that may have contributed to the changes, and the accuracy of the final ETR in terms of hours.</text> </paragraph> <paragraph num="I."> <text>All utilities shall engage in consumer education programs to help customers better understand all aspects of emergency preparedness and outage restoration related to a major outage event.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Public Utilities Article, §§7-213, 13-201, and 13-202, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: May 28, 2012 (39:10 Md. R. 661)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended effective August 21, 2023 (50:16 Md. R. 728)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02 amended effective August 21, 2023 (50:16 Md. R. 728)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02C, D amended effective December 2, 2019 (46:24 Md. R. 1104)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02D amended effective January 7, 2016 (42:26 Md. R. 1596)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 amended effective October 8, 2018 (45:20 Md. R. 920)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04A, D amended effective August 21, 2023 (50:16 Md. R. 728)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05 amended effective August 21, 2023 (50:16 Md. R. 728)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05A amended effective December 2, 2019 (46:24 Md. R. 1104)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07A amended effective December 2, 2019 (46:24 Md. R. 1104)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08D amended effective August 21, 2023 (50:16 Md. R. 728)</annotation> <annotation type="History" subtype="Administrative History">Regulation .09 amended effective August 21, 2023 (50:16 Md. R. 728)</annotation> <annotation type="History" subtype="Administrative History">Regulation .10 amended effective August 21, 2023 (50:16 Md. R. 728)</annotation> <annotation type="History" subtype="Administrative History">Regulation .11A amended effective March 18, 2013 (40:5 Md. R. 412); December 2, 2019 (46:24 Md. R. 1104)</annotation> <annotation type="History" subtype="Administrative History">Regulation .11B amended effective August 21, 2023 (50:16 Md. R. 728)</annotation> <annotation type="History" subtype="Administrative History">Regulation .12A, B amended effective August 21, 2023 (50:16 Md. R. 728)</annotation> <annotation type="History" subtype="Administrative History">Regulation .12D, E adopted effective August 21, 2023 (50:16 Md. R. 728)</annotation> <annotation type="History" subtype="Administrative History">Regulation .13 amended effective August 21, 2023 (50:16 Md. R. 728)</annotation> <annotation type="History" subtype="Administrative History">Regulation .14 amended effective August 21, 2023 (50:16 Md. R. 728)</annotation> <annotation type="History" subtype="Administrative History">Regulation .15 adopted effective August 21, 2023 (50:16 Md. R. 728)</annotation> <annotation type="History" subtype="Administrative History">Regulation .16 adopted effective August 21, 2023 (50:16 Md. R. 728)</annotation> <annotation type="History" subtype="Administrative History">Regulation .17 adopted effective August 21, 2023 (50:16 Md. R. 728)</annotation> <annotation type="History" subtype="Administrative History">Regulation .18 adopted effective August 21, 2023 (50:16 Md. R. 728)</annotation> </annotations> </chapter> <chapter num="15" heading="Electric System Planning"> <regulation prefix="Regulation" num=".01" heading="Applicability."> <paragraph num="A."> <text>This chapter applies to Electric System Plans for the advancement of the State policy goals and legislative intent set forth at Public Utilities Article, §§7-801—7-804, et seq., Annotated Code of Maryland, and all other relevant State goals and targets in effect during plan development. The objective of the final Electric System Plan is an electric system that advances State policy goals and is built in a manner that enables an electric company to provide safe, reliable, and cost-effective services and otherwise operates for the public good.</text> </paragraph> <paragraph num="B."> <text>An Electric System Plan shall demonstrate a holistic approach to grid planning by:</text> <paragraph num="(1)"> <text>Considering cost-effective solutions to electric system needs;</text> </paragraph> <paragraph num="(2)"> <text>Incorporating new cost-effective technologies and analytical tools into planning processes to create a modern distribution system;</text> </paragraph> <paragraph num="(3)"> <text>Utilizing real-time data to improve forecasting and planning for grid investments; and</text> </paragraph> <paragraph num="(4)"> <text>Addressing issues related to other relevant Commission proceedings.</text> </paragraph> </paragraph> <paragraph num="C."> <text>This chapter shall not become effective for electric cooperatives and municipal electric companies until January 1, 2028.</text> </paragraph> <paragraph num="D."> <text>Electric company and gas company coordination on Electric System Plans may be performed, but shall not be required, unless required by law or as otherwise directed by the Commission.</text> </paragraph> <paragraph num="E."> <text>Waiver of Regulations. Upon written request, a regulation in this chapter may be waived by the Commission for “good cause shown”.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Annual Electric System Plan Update” means the update that electric companies publish annually at the end of the distribution system planning cycle in the years that they do not publish an Electric System Plan and that contains the information in Regulation .04B of this chapter.</text> </paragraph> <paragraph num="(2)"> <text>“Baseline scenario” means an expected future state of a system or situation if no new interventions or policies are implemented beyond those already in place. It serves as a point of comparison to assess the impact of proposed actions or policies.</text> </paragraph> <paragraph num="(3)"> <text>“Cost-effective” means having projected benefits that are greater than projected costs while considering other factors as determined by the Commission.</text> </paragraph> <paragraph num="(4)"> <text>“Demand response” means changes in electric usage by demand-side resources from their normal consumption patterns in response to changes in the price of electricity over time or to incentive payments designed to induce lower electricity use at times of high wholesale market prices or ensure system reliability.</text> </paragraph> <paragraph num="(5)"> <text>“Distributed energy resource (DER)” has the meaning stated in COMAR 20.50.09.02B.</text> </paragraph> <paragraph num="(6)"> <text>“Distributed generation” means the same definition as Small Generator Facility in COMAR 20.50.09.02B.</text> </paragraph> <paragraph num="(7)"> <text>“Electric company” has the meaning stated in Public Utilities Article, §1-101, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(8)"> <text>“Energy storage device” has the meaning stated in Public Utilities Article, §7-216, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(9)"> <text>“Electric System Plan” means the plan that electric companies publish pursuant to Regulation .04J of this chapter that concludes the distribution system planning cycle.</text> </paragraph> <paragraph num="(10)"> <text>“Electric vehicle (EV)” has the meaning stated in COMAR 20.50.09.02B.</text> </paragraph> <paragraph num="(11)"> <text>“Goal scenario” means a potential future state of a system or situation if policy goals are fully realized and it serves as a point of comparison to assess the progress towards policy goals.</text> </paragraph> <paragraph num="(12)"> <text>“Grid needs” means the need for a specific mitigating action to alleviate an identified system constraint found during the electric system planning process. The specific characteristic of the system constraint and commensurate grid need will inform the solution that will mitigate the issue.</text> </paragraph> <paragraph num="(13)"> <text>“Grid services” means the dispatch and control of one or more DERs to provide service to the electric company’s electric grid pursuant to an electric company tariff, service contract between the electric company and the owner of DERs or providing transmission-level grid services by participating in PJM Interconnection, LLC wholesale markets.</text> </paragraph> <paragraph num="(14)"> <text>“Hosting capacity” has the meaning stated in COMAR 20.50.09.02B.</text> </paragraph> <paragraph num="(15)"> <text>“Locational value assessment” means a process that provides price signals based on the benefits and costs of deploying distributed energy resources in a specific location and over time, considering grid conditions and the potential to defer or avoid traditional electric distribution infrastructure investments.</text> </paragraph> <paragraph num="(16)"> <text>“Non-wires solution (NWS)” means a project or other solution that makes use of one or more DERs, technologies, and/or leads to the introduction of new or modification of existing energy management practices, standards, or protocols to address a system constraint or provide other grid services to the electric system.</text> </paragraph> <paragraph num="(17)"> <text>“Planning metrics” means quantifiable measurements used to assess performance, track progress, and/or measure success of a process that an electric company electric system plan directly affects.</text> </paragraph> <paragraph num="(18)"> <text>“Preliminary Electric System Plan” means the plan that electric companies file before the annual technical conference that contains the information in Regulation .04F of this chapter.</text> </paragraph> <paragraph num="(19)"> <text>“Rightsizing” has the meaning stated in COMAR 20.50.09.02B.</text> </paragraph> <paragraph num="(20)"> <text>“System constraints” means specific violations caused by physical characteristics of the electric distribution system exceeding electric company planning criteria, the result of which would threaten safe and reliable delivery of power.</text> </paragraph> <paragraph num="(21)"> <text>“Stakeholder” means a person who is granted leave to intervene in an electric system plan proceeding pursuant to Public Utilities Article, §3-106, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(22)"> <text>“Traditional wires solution” means a solution to address a system constraint that would be deferred or replaced by a non-wires solution.</text> </paragraph> <paragraph num="(23)"> <text>“Virtual power plant (VPP)” has the meaning stated in Public Utilities Article, §7-216, Annotated Code of Maryland.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Electric System Planning Process."> <paragraph num="A."> <text>An electric system planning process shall align with the following components for each planning cycle and scenario and related requirements specified in this chapter:</text> <paragraph num="(1)"> <text>Considerations feeding into types of projections;</text> </paragraph> <paragraph num="(2)"> <text>Goals/ objectives;</text> </paragraph> <paragraph num="(3)"> <text>DER forecast;</text> </paragraph> <paragraph num="(4)"> <text>Load forecast;</text> </paragraph> <paragraph num="(5)"> <text>Hosting capacity assessment;</text> </paragraph> <paragraph num="(6)"> <text>Grid needs and locational value assessment;</text> </paragraph> <paragraph num="(7)"> <text>Identify possible solutions to grid needs;</text> </paragraph> <paragraph num="(8)"> <text>Screen and evaluate possible solutions;</text> </paragraph> <paragraph num="(9)"> <text>Choose solutions and publish plan;</text> </paragraph> <paragraph num="(10)"> <text>Program and project design; and</text> </paragraph> <paragraph num="(11)"> <text>Assess results.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Considerations Feeding into Types of Projections.</text> <paragraph num="(1)"> <text>Time Horizons for DER and Load Forecasting.</text> <paragraph num="(a)"> <text>DER and load forecasting processes for electric companies other than electric cooperatives and municipal electric companies shall include at least three planning time horizons:</text> <paragraph num="(i)"> <text>1 to 3 years;</text> </paragraph> <paragraph num="(ii)"> <text>4 to 6 years; and</text> </paragraph> <paragraph num="(iii)"> <text>7 to 10 years.</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>DER and load forecasting processes for electric cooperatives and municipal electric companies shall include at least two planning time horizons:</text> <paragraph num="(i)"> <text>1 to 3 years; and</text> </paragraph> <paragraph num="(ii)"> <text>4 years up to 20 years.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(2)"> <text>Level of Granularity. The granularity of information in an electric system plan may vary as described in other sections of this regulation.</text> <paragraph num="(a)"> <text>As a near-term objective:</text> <paragraph num="(i)"> <text>Information shall be provided in an Electric System Plan at the substation level; and</text> </paragraph> <paragraph num="(ii)"> <text>Feeder-level information shall be provided as part of the planning process for feeders where there are identified system constraints;</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>As a longer-term objective, electric companies shall report on progress regarding incorporating more granular electric system and customer information and data into forecasting and planning processes in their electric system plan or annual electric system plan update.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Scenarios/Projections to be Analyzed. An electric system plan shall include a minimum of two scenarios to provide a range of outcomes to inform planning analysis and the determination of the scale and pace of grid needs:</text> <paragraph num="(a)"> <text>A baseline scenario; and</text> </paragraph> <paragraph num="(b)"> <text>A goal scenario.</text> </paragraph> <paragraph num="(c)"> <text>The Commission may request an electric company to analyze scenarios in addition to a baseline scenario and goal scenario.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>Data Sources, Scope, and Access. Electric companies shall provide for data collection and access that:</text> <paragraph num="(a)"> <text>Allows stakeholders the opportunity to provide data inputs at pre-identified time periods defined by the electric company;</text> </paragraph> <paragraph num="(b)"> <text>Provides collected data in a format that can be easily accessed by stakeholders; and</text> </paragraph> <paragraph num="(c)"> <text>Provides stakeholders transparency into data sources, data and assumptions used to develop electric system plans and annual electric system plan updates.</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>Already-Approved Resource Retirements and Additions. Electric companies shall consider in their electric system plans whether distribution-level electric system planning can be used to mitigate potential gaps caused by generation retirements.</text> </paragraph> <paragraph num="(6)"> <text>PJM Wholesale Markets. Electric companies shall consider DERs and VPPs that participate in the PJM wholesale markets in electric distribution planning as applicable.</text> </paragraph> <paragraph num="(7)"> <text>Resource Costs and Capabilities. Electric companies contracting decisions to implement electric system plans and annual electric system plan updates shall be left to electric company discretion.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Goals/Objectives. An electric system plan shall promote applicable State policy goals pursuant to Public Utilities Article, §§7-801—7-804, et seq., Annotated Code of Maryland, and other applicable goals and targets as directed by the Commission.</text> </paragraph> <paragraph num="D."> <text>DER Forecast. An electric system plan shall account for the following considerations for each electric system planning cycle and scenario.</text> <paragraph num="(1)"> <text>Electric companies shall develop separate forecasts for each relevant DER type, including energy efficiency, demand response, distributed generation, energy storage devices, VPPs and managed EV charging-discharging.</text> </paragraph> <paragraph num="(2)"> <text>Electric Companies shall develop hourly DER forecasts.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Load Forecast. Load forecasts shall account for the following considerations for each planning cycle and scenario as follows:</text> <paragraph num="(1)"> <text>Electric companies shall incorporate load impacts of current and future transportation and building electrification based on known information and assumptions; and</text> </paragraph> <paragraph num="(2)"> <text>Electric company distribution-level forecasts in aggregate shall be aligned to a reasonable extent with available electric company developed transmission-level forecasts and with PJM-developed system-level forecasts with an explanation provided in electric system plans for any differences and the associated factors, including differences in assumptions.</text> </paragraph> </paragraph> <paragraph num="F."> <text>Hosting Capacity Assessment. An electric system plan shall account for the following considerations for each planning cycle and scenario.</text> <paragraph num="(1)"> <text>Hosting capacity calculations shall be determined using a circuit-specific calculation including installed and forecasted DER interconnections.</text> </paragraph> <paragraph num="(2)"> <text>DER forecasting shall be incorporated into reserve hosting capacity determinations and the rightsizing of hosting capacity upgrades.</text> </paragraph> <paragraph num="(3)"> <text>Electric companies shall establish methodologies for calculating available hosting capacity and, in the annual electric system plan update and electric system plan, discuss planned hosting capacity capability improvements.</text> </paragraph> </paragraph> <paragraph num="G."> <text>Grid Needs and Locational Value Assessment.</text> <paragraph num="(1)"> <text>Grid Needs Assessment.</text> <paragraph num="(a)"> <text>An electric company’s grid needs assessment shall include current and forecast distribution substation and feeder constraints identified as part of each planning cycle, including the timing, magnitude and other relevant characteristics for each identified system constraint.</text> </paragraph> <paragraph num="(b)"> <text>The annual electric system plan update shall discuss changes to an electric company’s grid needs assessment that may occur between planning cycles.</text> </paragraph> <paragraph num="(c)"> <text>Electric companies shall cost-effectively pursue industry best practice methods and analytical tools to improve their planning analysis and processes, the choice of which to adopt shall be at the discretion of the electric companies.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Locational Value Assessment.</text> <paragraph num="(a)"> <text>An electric system plan shall provide locational value for each identified electric system constraint.</text> </paragraph> <paragraph num="(b)"> <text>Locational value shall include the potential deferral or avoided value of a traditional wires solution.</text> </paragraph> <paragraph num="(c)"> <text>Electric companies shall develop a locational value assessment using the Commission's uniform benefit cost analysis framework.</text> </paragraph> <paragraph num="(d)"> <text>Electric companies shall report on the progress towards implementation of locational value assessments at annual technical conferences.</text> </paragraph> </paragraph> </paragraph> <paragraph num="H."> <text>Identify Possible Solutions to Grid Needs. An electric system plan shall account for the following considerations for each planning cycle and scenario:</text> <paragraph num="(1)"> <text>Near-Term Objective.</text> <paragraph num="(a)"> <text>An electric system plan shall identify solutions for identified grid needs.</text> </paragraph> <paragraph num="(b)"> <text>Electric companies shall identify non-wires solutions considered to address system constraints.</text> </paragraph> <paragraph num="(c)"> <text>For any proposed upgrade projects resulting from Regulations .03H and .03I of this chapter, future hosting capacity constraints that incorporate DER forecasts shall be considered.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>As A Longer-Term Objective.</text> <paragraph num="(a)"> <text>Electric companies shall assess the feasibility of utilizing new cost-effective technologies and methodologies for solutions to grid needs.</text> </paragraph> <paragraph num="(b)"> <text>Electric companies shall report on the progress towards utilizing new cost-effective technologies and methodologies at annual technical conferences.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Pursuant to Public Utilities Article, §7-804, Annotated Code of Maryland, electric companies shall consider investment in, or procurement of cost-effective demand-side methods and technology to improve reliability and efficiency, including VPPs.</text> </paragraph> </paragraph> <paragraph num="I."> <text>Screen and Evaluate Possible Solutions.</text> <paragraph num="(1)"> <text>An electric company shall screen and evaluate possible solutions for each planning cycle and scenario.</text> </paragraph> <paragraph num="(2)"> <text>The electric system plan shall include the criteria used to evaluate possible solutions, including cost-effectiveness considerations.</text> <paragraph num="(a)"> <text>Electric companies shall evaluate cost-effectiveness for alternatives considered, if applicable.</text> </paragraph> <paragraph num="(b)"> <text>Electric companies shall utilize the Commission's Unified Benefit Cost Analysis framework for solutions involving DERs in determining cost-effectiveness.</text> </paragraph> </paragraph> </paragraph> <paragraph num="J."> <text>Choose Solutions and Publish Plan. An electric company shall choose a solution or solutions for each scenario and publish a plan for each planning cycle as described in Regulation .04 of this chapter.</text> <paragraph num="(1)"> <text>Electric companies shall present their rationale for solution selection in electric system plans, including why alternative solutions were not selected.</text> </paragraph> <paragraph num="(2)"> <text>Information and data shall be provided in an electric system plan at the substation level.</text> </paragraph> <paragraph num="(3)"> <text>When project solutions are proposed in response to system constraints, electric companies shall provide feeder-level information, where applicable.</text> </paragraph> </paragraph> <paragraph num="K."> <text>Program and Project Design.</text> <paragraph num="(1)"> <text>Program and project design including construction, procurement, and electric company contracting are factors in the electric companies’ mandate to provide safe and reliable service and a consideration in overall cost which shall be estimated in electric system plans.</text> </paragraph> <paragraph num="(2)"> <text>Program and project design including construction, procurement, and electric company contracting decisions shall be left to electric company discretion in executing an electric system plan although these factors will remain subject to review in rate cases.</text> </paragraph> </paragraph> <paragraph num="L."> <text>Assess Results. An electric company shall account for the following considerations for each planning cycle:</text> <paragraph num="(1)"> <text>An electric company shall assess the results of their electric system plans to determine lessons learned and changes to future planning assumptions.</text> </paragraph> <paragraph num="(2)"> <text>Rate case filings shall provide explanations for projects that do not reconcile with electric system plans.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Electric System Plan, Annual Electric System Plan Update and Preliminary Electric System Plan: Development, Reporting, and Stakeholder Engagement Process."> <paragraph num="A."> <text>Electric System Plan Frequency.</text> <paragraph num="(1)"> <text>Electric companies shall retain flexibility to determine the frequency of their respective electric system plan that best aligns with their internal planning cycles and considerations based upon their unique processes, system characteristics, and customer needs.</text> </paragraph> <paragraph num="(2)"> <text>An electric company’s electric system plan publishing frequency shall be at least once every 3 years.</text> </paragraph> <paragraph num="(3)"> <text>Electric companies shall publish a preliminary electric system plan and the electric system plan on the electric companies’ websites and file these plans with the Commission under the electric system plan docket assigned to each electric company.</text> </paragraph> <paragraph num="(4)"> <text>An electric company shall file an annual electric system plan update during the years in which a complete electric system plan is not filed.</text> </paragraph> <paragraph num="(5)"> <text>An electric company shall redact all confidential information from the electric system plan published to its website or otherwise submitted on a public basis, however, a full version of the electric system plan, including any confidential information, shall be filed with the Commission in accordance with the Commission’s rules for filing confidential material, unless otherwise restricted from doing so by applicable law.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Annual Electric System Plan Update.</text> <paragraph num="(1)"> <text>Electric companies shall include the following annual electric system plan updates:</text> <paragraph num="(a)"> <text>A narrative describing the existing planning and forecasting processes, current capabilities that exist, and plans for potential future improvements;</text> </paragraph> <paragraph num="(b)"> <text>Relevant planning criteria utilized to identify system constraints;</text> </paragraph> <paragraph num="(c)"> <text>Description of any new market or policy conditions that are impacting the planning environment and how they plan to incorporate them into future planning;</text> </paragraph> <paragraph num="(d)"> <text>Description of any updates to system constraints or constraint solutions that may have changed from the previous year, including, but not limited to, updates on progress regarding projects and programs that have changed from the previous year and rationale for the change;</text> </paragraph> <paragraph num="(e)"> <text>A report using a common framework for electric company reporting as directed by the Commission, with information regarding the current status of projects designed to promote State policy goals identified in Public Utilities Article, §7-802, Annotated Code of Maryland, including information on planning processes and implementation that promote these goals; and</text> </paragraph> <paragraph num="(f)"> <text>Electric system plan targets and planning metrics pursuant to Regulation .05 of this chapter.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Electric companies shall file an annual electric system plan update no less than 75 days prior to the annual technical conference.</text> </paragraph> <paragraph num="(3)"> <text>In the year an electric company files a preliminary electric system plan, an annual electric system plan update is not required.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Data Collection: Electric companies shall identify a discrete opportunity to collect stakeholder inputs for consideration in the electric system plan.</text> <paragraph num="(1)"> <text>The electric company shall provide an overview of the already-collected data including data sources.</text> </paragraph> <paragraph num="(2)"> <text>Electric companies shall provide a method for collecting this data.</text> </paragraph> <paragraph num="(3)"> <text>Electric companies shall provide a list of the parties they engaged as part of their published electric system plan.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Align Inputs and Assumptions. Electric companies shall develop electric system planning inputs and assumptions or develop forecasts, scenarios, or other electric system planning criteria and identify a discrete opportunity for stakeholders and other persons to provide feedback.</text> </paragraph> <paragraph num="E."> <text>Run Analyses. Electric companies shall run analyses using data, planning inputs, and assumptions while considering stakeholder and other person feedback from §§C and D of this regulation and provide a preliminary electric system plan in years that an electric system plan is due.</text> </paragraph> <paragraph num="F."> <text>Provide Preliminary Electric System Plan.</text> <paragraph num="(1)"> <text>Electric companies shall include the following in their preliminary electric system plan:</text> <paragraph num="(a)"> <text>Lessons learned and process improvements from the previous electric system plan cycle;</text> </paragraph> <paragraph num="(b)"> <text>A narrative describing the existing electric system planning process, current capabilities, and plans for potential future changes including the methodology used to develop aggregate electric distribution-level net load forecasts;</text> </paragraph> <paragraph num="(c)"> <text>Descriptions of electric system planning scenarios describing the data used as inputs and assumed adoption rates used for load and DER forecasting;</text> </paragraph> <paragraph num="(d)"> <text>Summary of feedback received in §§C and D of this regulation;</text> </paragraph> <paragraph num="(e)"> <text>Electric company response to feedback received in §§C and D of this regulation;</text> </paragraph> <paragraph num="(f)"> <text>Any change in system constraints since the last electric system plan;</text> </paragraph> <paragraph num="(g)"> <text>The nature, magnitude, and timing of system constraints;</text> </paragraph> <paragraph num="(h)"> <text>System constraint solutions that have not yet been initiated as projects, including:</text> <paragraph num="(i)"> <text>Projected timeline for solution implementation to address system constraints and policy targets over the forecast period; and</text> </paragraph> <paragraph num="(ii)"> <text>Implementation interdependencies with current and identified system constraint solutions and other electric company projects;</text> </paragraph> </paragraph> <paragraph num="(i)"> <text>Cost-effectiveness analysis for identified system constraint solutions, if applicable;</text> </paragraph> <paragraph num="(j)"> <text>A description of the final methodology, inputs, and results of the analyses;</text> </paragraph> <paragraph num="(k)"> <text>Locational value for each identified system constraint; and</text> </paragraph> <paragraph num="(l)"> <text>Electric system plan targets and planning metrics pursuant to Regulation .05 of this chapter.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>The preliminary electric system plan shall be published to align with the electric system plan frequency pursuant to §A of this regulation.</text> </paragraph> <paragraph num="(3)"> <text>An electric company shall publish on its website and file with the Commission its preliminary electric system plan no less than 75 days prior to the annual technical conference.</text> </paragraph> </paragraph> <paragraph num="G."> <text>Comments Filed By Parties.</text> <paragraph num="(1)"> <text>Comments shall be filed by any stakeholders or other persons no less than 30 days prior to the annual technical conference.</text> </paragraph> <paragraph num="(2)"> <text>Stakeholders and electric companies shall have the opportunity to obtain discovery.</text> </paragraph> </paragraph> <paragraph num="H."> <text>Annual Technical Conference. The annual technical conference shall provide a venue for stakeholders and other persons to comment on the assumptions, inputs, and results of the preliminary electric system plan and annual electric system plan update.</text> </paragraph> <paragraph num="I."> <text>Electric Companies’ Consideration of Feedback.</text> <paragraph num="(1)"> <text>The Commission may provide an order noting the preliminary electric system plan after an annual technical conference which may include direction for the electric companies.</text> </paragraph> <paragraph num="(2)"> <text>Electric companies shall evaluate any feedback received from the Commission in any order following the annual technical conference.</text> </paragraph> <paragraph num="(3)"> <text>Electric companies shall evaluate feedback received from stakeholders in §§C, D, G, and H of this regulation.</text> </paragraph> <paragraph num="(4)"> <text>Within 90 days of the annual technical conference, except as otherwise required by the Commission, electric companies shall publish on their website and file a response to stakeholder and other person feedback with the Commission, including what stakeholder and other person proposals will be considered or not considered in the development of the electric system plan and the reasoning for these decisions under the electric system plan docket assigned to each electric company.</text> </paragraph> </paragraph> <paragraph num="J."> <text>Electric System Plan Publishing. Electric companies shall publish a final electric system plan under the electric system plan docket assigned to each electric company after the consideration of feedback in Regulation .04I of this chapter.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Electric System Planning Metrics."> <paragraph num="A."> <text>An electric company shall include planning metrics listed in §C of this regulation in its preliminary electric system plan and other planning metrics as determined by the Commission.</text> </paragraph> <paragraph num="B."> <text>An electric company shall include planning metrics listed in §C of this regulation in its annual electric system plan update and other planning metrics as determined by the Commission.</text> </paragraph> <paragraph num="C."> <text>An electric company shall include in its preliminary electric system plan, electric system plan, and annual electric system plan update a set of planning metrics that will allow monitoring of progress in at minimum the following plan areas:</text> <paragraph num="(1)"> <text>State goals and targets;</text> </paragraph> <paragraph num="(2)"> <text>Reliability;</text> </paragraph> <paragraph num="(3)"> <text>Resilience;</text> </paragraph> <paragraph num="(4)"> <text>DER integration, by DER category;</text> </paragraph> <paragraph num="(5)"> <text>Load and demand management;</text> </paragraph> <paragraph num="(6)"> <text>Hosting capacity;</text> </paragraph> <paragraph num="(7)"> <text>System constraint resolution including:</text> <paragraph num="(a)"> <text>Substation overload conditions defined as overload conditions identified on substations that require remediation; and</text> </paragraph> <paragraph num="(b)"> <text>Feeder overload conditions defined as overload conditions identified on substations that require remediation;</text> </paragraph> </paragraph> <paragraph num="(8)"> <text>NWS incorporation; and</text> </paragraph> <paragraph num="(9)"> <text>Stakeholder and other person engagement.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Legislative Reporting Requirements."> <paragraph num="A."> <text>Annual Maryland General Assembly Report.</text> <paragraph num="(1)"> <text>On or before November 1 annually, each electric company shall file material updates to project status reported pursuant to Regulation .04B(1)(e) of this chapter.</text> </paragraph> <paragraph num="(2)"> <text>On or before December 1 annually, the Commission’s Technical Staff shall submit a report to the Maryland General Assembly regarding the current status of projects designed to promote the State’s policy goals identified in Public Utilities Article, §7-802, Annotated Code of Maryland, including information on planning processes and implementation that promote these goals.</text> </paragraph> </paragraph> </regulation> <annotations> <annotation type="Authority">Public Utilities Article, §§1-101, 2-113, 2-121, 7-216, and 7-801—7-804, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: November 24, 2025 (52:23 Md. R. 1140)</annotation> </annotations> </chapter> <chapter num="14" heading="Energy Storage"> <regulation prefix="Regulation" num=".01" heading="Applicability."> <paragraph num="A."> <text>This chapter applies to the following:</text> <paragraph num="(1)"> <text>All front-of-the meter energy storage devices in Maryland pursuant to Public Utilities Article, §7–219, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(2)"> <text>Any energy storage devices eligible to be enrolled or registered in the Maryland Energy Storage Program pursuant to Public Utilities Article, §7-216.1, Annotated Code of Maryland.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Electric vehicles that are part of a renewable on-site generating system and mobile energy storage devices are ineligible for registration in the Maryland Energy Storage Program pursuant to Public Utilities Article, §7-1005(E)(2)(II)(1), Annotated Code of Maryland.</text> </paragraph> <paragraph num="C."> <text>A virtual power plant or microgrid is ineligible for registration in the Maryland Energy Storage Program as a stand-alone energy storage device.</text> </paragraph> <paragraph num="D."> <text>Any energy storage device that constitutes part of a virtual power plant, microgrid, or a renewable on-site generating system, except as specified in Regulation .01B of this chapter, is eligible to register in the Maryland Energy Storage Program or enroll in Administrator Initiatives.</text> </paragraph> <paragraph num="E."> <text>Electric company owned energy storage devices used for substation control, support, and emergency back-up of utility equipment and facilities are exempt from the requirements of this chapter.</text> </paragraph> <paragraph num="F."> <text>An energy storage device as defined in Public Utilities Article, §7-216, Annotated Code of Maryland that off-sets grid demand, but does not deliver energy to the grid, shall not be subject to the requirements of in Regulation .03 of this chapter, except for §G of this regulation and other conditions as determined by the Commission for inclusion in a Maryland Energy Storage Program Initiative.</text> <paragraph num="(1)"> <text>The applicant shall make a filing with the Commission regarding the technical details of its proposed energy storage device and the applicant’s rationale for inclusion in a Maryland Energy Storage Program Initiative.</text> </paragraph> <paragraph num="(2)"> <text>The Commission shall determine the next steps necessary to consider the matter as a special case in the Maryland Energy Storage Program.</text> </paragraph> </paragraph> <paragraph num="G."> <text>Applicable Standards. Unless otherwise specified by the Commission, an energy storage device shall, to the extent applicable, comply with the provisions in the National Fire Protection Association (NFPA) 855 Standard for the Installation of Stationary Energy Storage Systems, 2023 Edition, which is incorporated by reference in Regulation .03 of this chapter.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Administrator” means an approved electric company, state agency, or Commission approved entity responsible for the enrollment in and general administration of an initiative under the Maryland Energy Storage Program.</text> </paragraph> <paragraph num="(2)"> <text>“Affected community” means the residential individuals, organizations, and other entities located within 1 mile of the proposed location of an energy storage device.</text> </paragraph> <paragraph num="(3)"> <text>“Applicant” means an energy storage device owner that submits an application to an administrator to enroll in an initiative in the Maryland Energy Storage Program or to construct a front-of-the-meter energy storage device.</text> </paragraph> <paragraph num="(4)"> <text>“Behind-the-meter energy storage device” means an energy storage device that is installed on the customer side of an electric company meter and serves a particular electric company customer electric load.</text> </paragraph> <paragraph num="(5)"> <text>“Construction” has the meaning stated in Public Utilities Article, §7-207(a)(3), Annotated Code of Maryland.</text> </paragraph> <paragraph num="(6)"> <text>“Cost-effective” means having projected benefits that are greater than projected costs while considering other factors as determined by the Commission.</text> </paragraph> <paragraph num="(7)"> <text>“Delivery year” has the meaning stated in Public Utilities Article, §7-216.1, Annotated Code of Maryland and is a planning period consisting of the 12 months beginning June 1 and extending through May 31 of the following year.</text> </paragraph> <paragraph num="(8)"> <text>“Deployment incentive mechanism” means an incentive or rebate provided by an administrator to accelerate the deployment of cost-effective energy storage devices providing grid services as part of the Maryland Energy Storage Program and is not a payment for performance or specific operations.</text> </paragraph> <paragraph num="(9)"> <text>“Distributed energy resource” has the meaning stated in COMAR 20.50.09.02.</text> </paragraph> <paragraph num="(10)"> <text>“Electric company” has the meaning stated in Public Utilities Article, §1-101, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(11)"> <text>“Energy storage device” has the meaning stated in Public Utilities Article, §7-216, Annotated Code of Maryland and may be classified by market segment for the purposes of registration in the Maryland Energy Storage Program or enrollment in Administrator Initiatives.</text> </paragraph> <paragraph num="(12)"> <text>“Enrollment” means the acceptance by an administrator of an application of an energy storage device in an initiative for a delivery year and occurs in parallel with the PJM Interconnection LLC or the electric company’s interconnection process.</text> </paragraph> <paragraph num="(13)"> <text>“Front-of-the-meter energy storage device” means an energy storage device where there is no load on the customer side of the meter beyond loads required to operate the energy storage device and includes:</text> <paragraph num="(a)"> <text>A separate electrical isolation device to prevent the flow of electricity when required for operation or maintenance;</text> </paragraph> <paragraph num="(b)"> <text>A separate energy measurement meter;</text> </paragraph> <paragraph num="(c)"> <text>At least one inverter; and</text> </paragraph> <paragraph num="(d)"> <text>The ability to be operated in an independent manner from other energy storage devices.</text> </paragraph> </paragraph> <paragraph num="(14)"> <text>“Generating station” has the meaning stated in COMAR 20.79.01.02.</text> </paragraph> <paragraph num="(15)"> <text>“Grid services” means the dispatch and control of an energy storage device to provide service to the electric company’s electric grid pursuant to an electric company tariff, service contract between the electric company and the owner of a registered energy storage device, or providing transmission-level grid services by participating in PJM Interconnection LLC wholesale markets.</text> </paragraph> <paragraph num="(16)"> <text>“Grid services mechanism” means “pay-for-performance” compensation from an electric company to owners of energy storage devices registered in the Maryland Energy Storage Program that provide grid services to the electric system.</text> </paragraph> <paragraph num="(17)"> <text>“Initiative” means an administrator’s Commission-approved structure in which energy storage devices can enroll that offers a mechanism targeted at a specific market segment.</text> </paragraph> <paragraph num="(18)"> <text>“Long-duration energy storage system (LDES)” means an energy storage device capable of continuously discharging electricity at its full rated capacity for 10 hours or longer but less than 24 hours.</text> </paragraph> <paragraph num="(19)"> <text>“Market segment” means the categorization of energy storage devices in the Maryland Energy Storage Program as front-of-the-meter electric transmission, front-of-the meter electric distribution, or behind-the-meter electric distribution.</text> </paragraph> <paragraph num="(20)"> <text>“Maryland energy storage program” means the initiatives and registrations that the Commission established to meet State energy storage targets pursuant to Public Utilities Article, §7-216.1, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(21)"> <text>“Mechanism” means a procurement mechanism, a grid services mechanism, or a deployment incentive mechanism and may be implemented as a tariff, grant, rebate, or a contract.</text> </paragraph> <paragraph num="(22)"> <text>“Microgrid” means a network that can consist of interconnected loads, distributed energy resources, and energy storage devices within clearly defined electrical boundaries that acts as a single controllable network with respect to the electric system and that can be disconnected from the electric distribution or transmission system to operate independently.</text> </paragraph> <paragraph num="(23)"> <text>“Multi-day energy storage (Multi-day ES)” means an energy storage device capable of continuously discharging electricity at its full rated capacity for 24 hours or longer.</text> </paragraph> <paragraph num="(24)"> <text>“Notice to affected community” means by advertisement in a newspaper of general circulation in the county or municipal corporation affected by the application and on two types of social media platforms.</text> </paragraph> <paragraph num="(25)"> <text>“Overburdened community” has the same meaning as defined in Environment Article, §1–701, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(26)"> <text>“Ownership and operations model” means the role that third-parties and electric companies play in owning and operating energy storage devices and may include, but are not limited to:</text> <paragraph num="(a)"> <text>A third-party ownership and operations model;</text> </paragraph> <paragraph num="(b)"> <text>An electric company ownership and operations model;</text> </paragraph> <paragraph num="(c)"> <text>An electric company owned and third party-operated model;</text> </paragraph> <paragraph num="(d)"> <text>A third-party owned and electric company operated model; and</text> </paragraph> <paragraph num="(e)"> <text>An electric company ownership and leaseback model.</text> </paragraph> </paragraph> <paragraph num="(27)"> <text>“Parcel” means a lot or group of lots devoted to a particular use including open spaces required or used in connection with that particular use.</text> </paragraph> <paragraph num="(28)"> <text>“Pre-existing energy storage device” means an energy storage device that is in-service or under construction prior to the effective date of this chapter.</text> </paragraph> <paragraph num="(29)"> <text>“Procurement mechanism” means a competitive solicitation by an administrator for energy storage devices providing grid services or a contract established by an administrator for grid services from energy storage devices.</text> </paragraph> <paragraph num="(30)"> <text>“Registrant” means the person that obtains registration of an energy storage device in the Maryland Energy Storage Program.</text> </paragraph> <paragraph num="(31)"> <text>“Registration” means the counting of an energy storage device in the Maryland Energy Storage Program energy storage device targets stated in Public Utilities Article, §7-216.1, Annotated Code of Maryland as of the date it is in-service.</text> </paragraph> <paragraph num="(32)"> <text>“Renewable on-site generating system” has the meaning stated in Public Utilities Article, §7-1001(i), Annotated Code of Maryland.</text> </paragraph> <paragraph num="(33)"> <text>“Short-duration energy storage (SDES)” means an energy storage device capable of continuously discharging electricity at its full rated capacity for less than 10 hours.</text> </paragraph> <paragraph num="(34)"> <text>“Technology type” means all types of electric storage device technologies, regardless of their size, storage medium, or operational purpose as classified in Public Utilities Article, §7-216, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(35)"> <text>“Unclassified technology type” means a technology that is not stated in Public Utilities Article, §7-216, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(36)"> <text>“Underserved community” has the same meaning as defined in Environment Article, §1–701, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(37)"> <text>“Virtual power plant” means a collection of distributed energy resources, potentially including energy storage devices, that can provide grid services when aggregated together and coordinated with grid operations.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Incorporation by Reference."> <text>In this chapter, NFPA 855, Standard for the Installation of Stationary Energy Storage Systems, 2023 is incorporated by reference.</text> </regulation> <regulation prefix="Regulation" num=".04" heading="Maryland Energy Storage Program Administration."> <paragraph num="A."> <text>Targets.</text> <paragraph num="(1)"> <text>Targets for the cost-effective deployment of new energy storage devices may be established by the Commission in a manner as determined by the Commission or the legislature.</text> </paragraph> <paragraph num="(2)"> <text>The Commission may assign an administrator individual targets in a manner as determined by the Commission to help meet state energy storage targets pursuant to Public Utilities Article, §7-216.1, Annotated Code of Maryland and to support state policy goals in Public Utilities Article, §§7–801 and 7–802, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(3)"> <text>An administrator shall propose to the Commission achievable goals for the enrollment of cost-effective energy storage devices in its initiatives in a manner as determined by the Commission.</text> <paragraph num="(a)"> <text>Targets may be proposed for front-of-the-meter and behind-the-meter energy storage device initiative installations.</text> </paragraph> <paragraph num="(b)"> <text>Targets may be proposed for energy storage device initiative installations on the electric distribution system and the electric transmission system.</text> </paragraph> <paragraph num="(c)"> <text>Targets may be proposed for energy storage device deployment using different ownership and operating models.</text> </paragraph> <paragraph num="(d)"> <text>Targets may consider energy storage device characteristics including but not limited to attributes such as SDES, LDES, and Multi-day ES durations.</text> </paragraph> <paragraph num="(e)"> <text>Targets may be proposed by electric companies for performance incentive mechanisms for goal achievement and the establishment of retail tariffs to support the Maryland Energy Storage Program.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>An administrator shall meet its assigned targets in a cost-effective manner.</text> </paragraph> <paragraph num="(5)"> <text>If an administrator determines at any time that it cannot meet its assigned targets cost-effectively, the administrator shall make a filing with the Commission seeking to reduce the targets, pursuant to Public Utilities Article, §7-216.1, Annotated Code of Maryland or propose an alternative.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Counting for Enrollment and Registration.</text> <paragraph num="(1)"> <text>Administrators shall develop applications to enroll energy storage devices in an initiative.</text> </paragraph> <paragraph num="(2)"> <text>An energy storage device is enrolled in an initiative on the date the administrator sends notification of enrollment to the applicant.</text> </paragraph> <paragraph num="(3)"> <text>An administrator shall use information regarding energy storage device enrollments to determine the amount of energy storage devices required to meet end of delivery year targets.</text> </paragraph> <paragraph num="(4)"> <text>The Maryland Energy Storage Program Manager shall use information regarding registered energy storage devices to determine if end of delivery year targets were met.</text> </paragraph> <paragraph num="(5)"> <text>A pre-existing energy storage device shall be registered in the Maryland Energy Storage Program on the date it is discovered and cannot be enrolled in an initiative offering a deployment incentive mechanism or a procurement mechanism.</text> </paragraph> <paragraph num="(6)"> <text>To enroll in an initiative offering a procurement mechanism or a deployment mechanism, an energy storage device shall provide grid services.</text> </paragraph> <paragraph num="(7)"> <text>An administrator shall not double count an energy storage device participating in two mechanisms for reporting purposes pursuant to Regulation .13 of this chapter.</text> </paragraph> <paragraph num="(8)"> <text>An energy storage device shall not be enrolled in an initiative offering a deployment incentive mechanism and a procurement mechanism at the same time.</text> </paragraph> <paragraph num="(9)"> <text>An energy storage device may enroll in an electric company initiative offering a grid services mechanism and be registered in the Maryland Energy Storage Program and counted towards the targets stated in the Public Utilities Article, §7-216.1, Annotated Code of Maryland without enrolling in an initiative offering a procurement mechanism or deployment incentive mechanism.</text> </paragraph> <paragraph num="(10)"> <text>An energy storage device that is eligible for a deployment incentive mechanism shall receive a deployment incentive from the administrator only after the energy storage device is registered in the Maryland Energy Storage Program.</text> </paragraph> <paragraph num="(11)"> <text>An electric company shall not enroll an electric-company-owned energy storage device in an initiative in which it is the administrator unless approved by the Commission.</text> </paragraph> <paragraph num="(12)"> <text>An electric company may enroll an electric company-owned energy storage device in an initiative in which it is not an administrator.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Grid Services.</text> <paragraph num="(1)"> <text>Each electric company shall implement necessary retail tariffs or service contracts for energy storage devices to provide grid services and to support initiative targets assigned by the Commission.</text> </paragraph> <paragraph num="(2)"> <text>Retail tariffs that include grid services shall also recognize the unique role that energy storage plays in reducing peak demand in the development of demand charges.</text> </paragraph> <paragraph num="(3)"> <text>Energy storage devices providing transmission-level grid services under PJM Interconnection LLC tariffs shall be counted toward achieving the Maryland Energy Storage Program targets set forth in Public Utilities Article, §7-216.1, Annotated Code of Maryland.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Pre-Existing Energy Storage Devices.</text> <paragraph num="(1)"> <text>Pre-existing energy storage devices are not eligible to participate in an initiative offering a deployment incentive mechanism or a procurement mechanism.</text> </paragraph> <paragraph num="(2)"> <text>Pre-existing energy storage devices are eligible to participate in a grid services mechanism.</text> </paragraph> <paragraph num="(3)"> <text>Pre-existing energy storage devices participating in a grid services mechanism shall be registered in the Maryland Energy Storage Program as a pre-existing energy storage device.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Administration.</text> <paragraph num="(1)"> <text>An administrator shall be approved by the Commission in a manner as determined by the Commission.</text> <paragraph num="(a)"> <text>An electric company may provide administration for an initiative it creates or contract with a third party to provide administration on its behalf.</text> </paragraph> <paragraph num="(b)"> <text>A State agency may provide administration for an initiative it creates or contract with a third party to provide administration on its behalf.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>The Commission shall assign a Commission person, whether internal or contracted, to serve as the Maryland Energy Storage Program Manager to:</text> <paragraph num="(a)"> <text>Coordinate with administrators on federal and State funding requests;</text> </paragraph> <paragraph num="(b)"> <text>Manage and report on the status of meeting energy storage targets stated in the Public Utilities Article, §7-216.1, Annotated Code of Maryland;</text> </paragraph> <paragraph num="(c)"> <text>Coordinate and develop initiative target allocation recommendations; and</text> </paragraph> <paragraph num="(d)"> <text>Advise the Commission on the plans of their initiatives.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>An administrator shall post information on applying for an initiative on an administrator’s website and through other standard promotional methods, as appropriate, and all promotional efforts shall include information to enable prospective owners of eligible energy storage devices to apply for initiatives.</text> </paragraph> <paragraph num="(4)"> <text>An electric company may identify desired locations for energy storage devices on its website and update this information at least annually.</text> </paragraph> <paragraph num="(5)"> <text>An administrator shall issue a notice to an energy storage device applicant following its approval or denial for enrollment in its initiative.</text> </paragraph> <paragraph num="(6)"> <text>An administrator shall make reasonable efforts to apply for all applicable State and federal grants, rebates, tax credits, loan guarantees, and other similar benefits as the benefits become available to help offset the cost of its initiative.</text> </paragraph> <paragraph num="(7)"> <text>An administrator shall also update initiative data as required in Regulation .13 of this chapter.</text> </paragraph> </paragraph> <paragraph num="F."> <text>Complaints. Any person may file a complaint with the Commission’s Executive Secretary regarding fairness, transparency, conflicts of interest, and timely resolutions, among other things.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Electric Company Owned Front-Of-The Meter Energy Storage Device Enrollment and Registration in the Maryland Energy Storage Program."> <paragraph num="A."> <text>All energy storage devices owned by an electric company that inject power into the electric system shall be considered registered in the Maryland Energy Storage Program at the in-service date as reported to the Maryland Energy Storage Program Manager by the electric company. Electric company-owned pre-existing energy storage devices are registered as provided in Regulation .04(B) of this chapter.</text> </paragraph> <paragraph num="B."> <text>Prior to the commencement of the stakeholder engagement and participation requirements pursuant to Regulation .09 of this chapter, the electric company shall file a notification with the Commission containing information about the energy storage device. The date of this notification shall be the energy storage device enrollment date provided that the energy storage device is enrolled in an initiative.</text> </paragraph> <paragraph num="C."> <text>An electric company-owned energy storage device shall be subject to the stakeholder engagement and participation requirements for front-of-the-meter energy storage device applicants in Regulation .09 of this chapter and shall also be subject to the safety, siting, and environmental requirements for front-of-the-meter energy storage devices in Regulation .10 of this chapter, except to the extent exempted under Regulation .08G of this chapter, and the Department of Natural Resources Power Plant Research Program review and recommendations in Regulation .11 of this chapter, except to the extent exempted under Regulation .08G of this chapter.</text> </paragraph> <paragraph num="D."> <text>An electric company-owned energy storage device shall be subject to Commission approvals in Regulation .12 of this chapter, except to the extent exempted under Regulation .08G of this chapter.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Behind-The-Meter Energy Storage Device Enrollment and Registration in the Maryland Energy Storage Program."> <paragraph num="A."> <text>All applicants seeking to enroll an energy storage device in an initiative offering a behind-the-meter mechanism shall submit an application to an administrator prior to the beginning of construction, except for pre-existing energy storage devices seeking to enroll in a grid services mechanism, which may submit an application before or after construction.</text> </paragraph> <paragraph num="B."> <text>An application seeking to enroll in a behind-the-meter mechanism shall include an attestation by the applicant that:</text> <paragraph num="(1)"> <text>The energy storage device shall meet the definition of an “energy storage device” in the Public Utilities Article, §7-216, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(2)"> <text>At the time of enrollment, the energy storage device’s planned electrical capacity in kilowatts and energy in kilowatt-hours that can be delivered to the grid or offset grid demand.</text> </paragraph> <paragraph num="(3)"> <text>The energy storage device shall meet NFPA 855 standards, if applicable, in addition to any other applicable federal and State requirements and local codes and standards.</text> </paragraph> <paragraph num="(4)"> <text>The energy storage device applicant shall meet a specified in-service date.</text> </paragraph> </paragraph> <paragraph num="C."> <text>An administrator shall deny any application for enrollment in a mechanism if the conditions in §B of this regulation, as applicable, are not met and shall provide the applicant an explanation for denial to aid the applicant in curing and resubmitting the application.</text> </paragraph> <paragraph num="D."> <text>The enrollment date shall be the date the administrator notifies the applicant that its application is approved.</text> </paragraph> <paragraph num="E."> <text>The date of registration in the Maryland Energy Storage Program is the in-service date, as noted in a certificate of completion to be tendered by the Program Administrator. Pre-existing energy storage devices are registered as required in Regulation .04(B) of this chapter.</text> </paragraph> <paragraph num="F."> <text>Should an applicant not meet the expected in-service date within 60 days of the certificate of completion, an administrator shall provide notification to an applicant that its enrollment will be withdrawn unless a request for extension is submitted to the administrator within 30 days and a notice is submitted to the electric company with a new projected in-service date.</text> <paragraph num="(1)"> <text>An administrator may approve an extension request for good cause or otherwise deny the request if good cause is not provided.</text> </paragraph> <paragraph num="(2)"> <text>An applicant may appeal to the Commission an administrator’s decision regarding an extension by filing an appeal with the Commission's Executive Secretary.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Non-Electric Company Owned Front-Of-The-Meter Energy Storage Device Enrollment and Registration in the Maryland Energy Storage Program."> <paragraph num="A."> <text>All energy storage devices that are not owned by an electric company seeking to enroll in a procurement mechanism or deployment incentive mechanism shall submit an application form with an administrator prior to beginning construction.</text> </paragraph> <paragraph num="B."> <text>All non-electric company front-of-the meter energy storage device applications to enroll in a deployment incentive mechanism or procurement mechanism shall include an attestation that:</text> <paragraph num="(1)"> <text>The energy storage device meets the definition of an “energy storage device” in the Public Utilities Article, §7-216, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(2)"> <text>The energy storage device is not a pre-existing energy storage device.</text> </paragraph> <paragraph num="(3)"> <text>At the time of enrollment, the energy storage device’s planned electrical capacity in kilowatts and energy in kilowatt-hours that can be delivered to the grid.</text> <paragraph num="(a)"> <text>If an energy storage device does not have capacity ratings in kilowatts and energy ratings in kilowatt-hours supplied by a manufacturer, the applicant shall provide these ratings in kilowatts and kilowatt-hours in a document describing the calculation methodology and showing the rating calculations.</text> </paragraph> <paragraph num="(b)"> <text>These capacity and energy rating calculations shall be certified by a professional engineer licensed in Maryland.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>The applicant shall make reasonable efforts to meet a specific in-service date.</text> </paragraph> <paragraph num="(5)"> <text>The energy storage device shall have a position in either the PJM new services queue or have filed an interconnection request with the electric company.</text> </paragraph> </paragraph> <paragraph num="C."> <text>An administrator shall deny any application for enrollment if the conditions in §B of this regulation, as applicable, are not met and shall provide the applicant an explanation for the denial to aid the applicant in curing and resubmitting the application.</text> </paragraph> <paragraph num="D."> <text>An administrator shall make a proposal when seeking Commission approval of an initiative for project maturity requirements to avoid speculative projects entering into enrollment.</text> </paragraph> <paragraph num="E."> <text>The registration date is the in-service date stated on a certificate of completion tendered by the administrator.</text> </paragraph> <paragraph num="F."> <text>Should an applicant for a deployment incentive mechanism initiative not meet the expected in-service date within 60 days of the certificate of completion, an administrator shall provide notification to an applicant that its enrollment will be withdrawn unless a request for extension is submitted to the administrator.</text> <paragraph num="(1)"> <text>An administrator may approve an extension request for good cause or otherwise deny the request if good cause is not provided.</text> </paragraph> <paragraph num="(2)"> <text>An applicant may appeal an administrator’s decision regarding an extension to the Commission by filing an appeal with the Commission's Executive Secretary.</text> </paragraph> </paragraph> <paragraph num="G."> <text>Should an applicant for a procurement mechanism initiative or a grid services mechanism initiative fail to meet the expected in-service date the terms and conditions of the executed contract apply.</text> </paragraph> <paragraph num="H."> <text>Non-electric company-owned front-of-the meter energy storage devices enrolling in an initiative shall be subject to the stakeholder engagement and participation requirements for all front-of-the-meter energy storage devices in Regulation .09 of this chapter and shall be subject to the safety, siting, and environmental requirements for front-of-the-meter energy storage devices in Regulation .10 of this chapter and the Department of Natural Resources Power Plant Research Program review and recommendations in Regulation .11 of this chapter, except to the extent exempted under Regulation .08G of this chapter.</text> </paragraph> <paragraph num="I."> <text>Non-electric company owned front-of-the meter energy storage devices shall be subject to Commission approvals in Regulation .12 of this chapter, except to the extent exempted under Regulation .08G of this chapter.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Exemptions and Waivers from Regulations for Front-Of-The-Meter Energy Storage Devices."> <paragraph num="A."> <text>A front-of-the-meter energy storage device applicant or registrant or an electric utility proposing a front-of-the-meter energy storage device may request from the Commission, a waiver or to be exempted from a requirement of this chapter that is not applicable to its energy storage device.</text> </paragraph> <paragraph num="B."> <text>All waiver requests shall state whether the energy storage device is currently:</text> <paragraph num="(1)"> <text>Operational, including the in-service date;</text> </paragraph> <paragraph num="(2)"> <text>Under construction, including the projected in-service date; or</text> </paragraph> <paragraph num="(3)"> <text>Proposed, including the expected construction start date and projected in-service date.</text> </paragraph> </paragraph> <paragraph num="C."> <text>All waiver requests shall describe the energy storage device’s technical and operational characteristics and explain why those characteristics, or other factors, make a requirement of the regulation inapplicable or would result in undue hardship.</text> </paragraph> <paragraph num="D."> <text>All waiver requests shall be served on the electric company with jurisdiction over the electric system to which the energy storage device seeks to enroll or register in an initiative or submits an application for Commission Energy Storage Construction Approvals and Waivers for energy storage devices not seeking to enroll in an initiative.</text> </paragraph> <paragraph num="E."> <text>For waiver requests for front-of-the-meter energy storage devices equal to or greater than 20 megawatt-hours per parcel, the waiver request shall be subject to state agency review pursuant to Regulation .11C of this chapter.</text> </paragraph> <paragraph num="F."> <text>For waiver requests for front-of-the-meter energy storage devices under 20 megawatt-hours per parcel, the Commission shall either approve, approve with modifications, or deny the waiver request after notice and an opportunity for public comment. The Commission may set a date for consideration of the waiver request at a hearing in the Commission’s Administrative Docket.</text> </paragraph> <paragraph num="G."> <text>An energy storage device that is approved in a Certificate of Public Convenience and Necessity (CPCN) proceeding conducted pursuant to Public Utilities Article, §7-207, Annotated Code of Maryland shall be enrolled by an administrator in the Maryland Energy Storage Program upon Commission approval of the CPCN and shall be registered by the Maryland Energy Storage Program Manager upon being placed in-service. The energy storage device is otherwise exempt from the engagement, safety, environmental, and siting regulations in Regulations .09, .10, .11 and .12 of this chapter that are replicated in the CPCN review process.</text> </paragraph> <paragraph num="H."> <text>A waiver request may cover multiple energy storage devices provided that all applicable sections of this regulation are followed.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".09" heading="Stakeholder Engagement and Participation Requirements for Front-Of-The-Meter Energy Storage Devices."> <paragraph num="A."> <text>General Stakeholder Engagement and Participation Requirements Under Public Utilities Article, §7-219(c) and (d), Annotated Code of Maryland.</text> <paragraph num="(1)"> <text>The applicant or electric company, for a utility-owned energy storage device, shall provide immediate notice to affected communities on submission of an application for approval of the construction of a front-of-the-meter energy storage device to:</text> <paragraph num="(a)"> <text>The governing body of each county or municipal corporation in which any portion of the energy storage device is to be constructed;</text> </paragraph> <paragraph num="(b)"> <text>The governing body of each county or municipal corporation within 1 mile of the proposed location of the energy storage device;</text> </paragraph> <paragraph num="(c)"> <text>Each member of the General Assembly representing any part of a county in which any portion of the energy storage device is proposed to be constructed;</text> </paragraph> <paragraph num="(d)"> <text>Each member of the General Assembly representing any part of a county within 1 mile of the proposed location of the energy storage device; and</text> </paragraph> <paragraph num="(e)"> <text>The affected communities that are within 1 mile of the proposed location of the energy storage device.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>The applicant or electric company, for a utility-owned energy storage device, shall:</text> <paragraph num="(a)"> <text>Hold at least two public meetings in the affected community if the proposed location of the front-of-the-meter energy storage device is in an area considered to be an overburdened community or underserved community.</text> </paragraph> <paragraph num="(b)"> <text>Be exempt from meeting the requirements of §A(2)(a) of this regulation if an owner of a proposed front-of-the-meter energy storage device is located within the boundaries of an existing electricity generating station.</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>Stakeholder Engagement and Participation for Proposed Energy Storage Devices with 20 Megawatt-Hours or Greater Energy Storage Device Capacity Total Sited Per Parcel.</text> <paragraph num="(1)"> <text>This section applies to an applicant or electric company, for a utility-owned energy storage device, with proposed energy storage devices greater than or equal to 20 megawatt-hours storage capacity total sited per parcel regardless of energy storage device technology.</text> </paragraph> <paragraph num="(2)"> <text>A minimum of 90 days prior to submitting an application for enrolling in an initiative or prior to filing for a zoning variance or permits, whichever is earlier, an applicant or electric company, for a utility-owned energy storage device, shall take the following steps to engage and consult with the county or municipal corporation in which any portion of the energy storage device is proposed to be located.</text> <paragraph num="(a)"> <text>Submit to the affected county or municipal corporation and each owner of land on which the energy storage device is located and owner of adjacent land, a conceptual site plan for the energy storage device.</text> </paragraph> <paragraph num="(b)"> <text>Submit to the affected county or municipal corporation a request for a meeting. The applicant shall make a good faith effort to meet with the staff of the affected county or municipal corporation.</text> </paragraph> <paragraph num="(c)"> <text>Submit to the affected county or municipal corporation a request for a preliminary report containing the following:</text> <paragraph num="(i)"> <text>A statement or finding whether the proposed energy storage device is consistent with the current comprehensive plan of the county or municipal corporation;</text> </paragraph> <paragraph num="(ii)"> <text>A statement or finding whether the proposed energy storage device is consistent with the current zoning ordinance of the county or municipal corporation; and</text> </paragraph> <paragraph num="(iii)"> <text>Suggestions for improving or modifying the application prior to submission of the application to the initiative administrator.</text> </paragraph> </paragraph> <paragraph num="(d)"> <text>If the applicant or electric company, for a utility-owned energy storage device, makes any material changes to the energy storage device as submitted to the administrator under this regulation, the applicant shall provide notice of the changes to the county or municipal corporation in which any portion of the energy storage device is proposed to be located.</text> </paragraph> <paragraph num="(e)"> <text>The applicant shall submit to the Department of Natural Resources Power Plant Research Program any report or other information received on their energy storage device from the county or municipal corporation in which any portion of the energy storage device is proposed to be located before filing an application for enrollment in an initiative or submits an application for Commission Energy Storage Construction Approvals and Waivers for energy storage devices not seeking to enroll in an initiative.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>The applicant or electric company, for a utility-owned energy storage device, shall, a minimum of 60 days prior to filing an application for enrollment, submitting an application for Commission Energy Storage Construction Approvals and Waivers for energy storage devices not seeking to enroll in an initiative, or prior to filing for a zoning variance or permits, whichever is earlier, meet with affected communities for the purposes of public engagement and participation. The applicant or electric company, for a utility-owned energy storage device, shall provide 14 days’ notice to affected communities and:</text> <paragraph num="(a)"> <text>If the proposed location of the front-of-the-meter energy storage device is in an area considered to be an overburdened community or underserved community, the applicant or electric company, for a utility-owned energy storage device, shall hold at least two public meetings in the affected community; and</text> </paragraph> <paragraph num="(b)"> <text>An owner of a proposed front-of-the-meter energy storage device that is located within the boundaries of an existing electricity generating station shall be exempt from meeting the requirements of §B(3)(a) of this regulation.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>The applicant or electric company, for a utility-owned energy storage device, shall submit to the Commission any report received on their energy storage device from the affected communities in which any portion of the energy storage device is proposed to be located including the following information:</text> <paragraph num="(a)"> <text>A description of the time, place, and manner in which the applicant held the public meeting with members of the affected communities;</text> </paragraph> <paragraph num="(b)"> <text>A description of the manner in which the applicant provided notice to the affected communities of the proposed public meeting with members of the affected communities;</text> </paragraph> <paragraph num="(c)"> <text>A copy of any meeting sign-in sheet voluntarily indicating persons of interest; and</text> </paragraph> <paragraph num="(d)"> <text>A description of any terms, incentives, or resolutions reached between the applicant and the affected communities.</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>Affected communities including residential individuals, organizations, affected county or municipal corporations may also file information with the Commission on their position supporting, opposing, or requesting modifications to a front-of-the-meter energy storage device.</text> </paragraph> <paragraph num="(6)"> <text>The applicant or electric company, for a utility-owned energy storage device, may respond within 30 days of the Commission’s receipt of such information from affected communities, residential individuals, organizations, affected counties or municipal corporations.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".10" heading="Safety, Siting, and Environmental Requirements for Front-Of-The-Meter Energy Storage Devices."> <paragraph num="A."> <text>Applicability. This regulation applies to all front-of-the meter energy storage devices unless exempted pursuant to Regulation .08 of this chapter.</text> </paragraph> <paragraph num="B."> <text>Minimum Safety, Siting, and Environmental Requirements.</text> <paragraph num="(1)"> <text>An energy storage device that will not be constructed at an electricity generating station, electric substation, or commercial or industrial location shall meet the site requirements of Public Utilities Article, §7-219(e), Annotated Code of Maryland.</text> </paragraph> <paragraph num="(2)"> <text>An energy storage device shall adhere to the design, construction, operation, and maintenance standards in NFPA 855, if applicable, which is incorporated by reference in this chapter. The scope of NFPA 855 applies only to the technologies and energy storage devices of certain size thresholds whether owned and operated by an applicant or registrant.</text> <paragraph num="(a)"> <text>The applicant or registrant shall include an attestation from a professional engineer licensed in Maryland that its proposed energy storage device shall comply with the standards in NFPA 855, if applicable.</text> </paragraph> <paragraph num="(b)"> <text>If an applicant or registrant states that NFPA 855 is not applicable to the energy storage device technology utilized, the applicant or registrant shall include an attestation that the energy storage device shall be designed, constructed, installed, operated, and maintained in accordance with any applicable standards, regulations, and codes, in addition to complying with all state and local building, fire, and zoning requirements, and shall include a copy of the applicable standards, regulations, and codes with its application.</text> </paragraph> <paragraph num="(c)"> <text>In cases where the adherence with NFPA 855 or other applicable standards, regulations, and codes are not applicable, the applicant or registrant may seek a waiver pursuant to Regulation .08 of this chapter.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>An energy storage device shall have hazard mitigation and firefighting preparedness plans that include hazard mitigation, firefighting water needs, and fire tests.</text> </paragraph> <paragraph num="(4)"> <text>An energy storage device shall have emergency preparedness plans and procedures including pre-incident plans, emergency procedures, periodic safety inspections, first responder response, and training.</text> </paragraph> <paragraph num="(5)"> <text>An energy storage device shall comply with all applicable codes and standards.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".11" heading="Department of Natural Resources Power Plant Research Program Review on Behalf of the State Agencies for Front-Of-The-Meter Energy Storage Devices."> <paragraph num="A."> <text>State Agency Application Review Coordinated by the Power Plant Research Program.</text> <paragraph num="(1)"> <text>An applicant with proposed energy storage devices 20 megawatt-hours storage capacity or greater total sited per parcel, regardless of energy storage device technology, shall no later than 45 days prior to filing an application for enrollment in an initiative, submitting an application for Commission Energy Storage Construction Approvals and Waivers for energy storage devices not seeking to enroll in an initiative, or prior to filing for a zoning variance or permits, whichever is earlier, consult with the staff of the Department of Natural Resources Power Plant Research Program to provide an overview of the proposed energy storage device.</text> </paragraph> <paragraph num="(2)"> <text>The Department of Natural Resources Power Plant Research Program review shall include the minimum safety, siting, and environmental requirements in Regulation .10 of this chapter.</text> </paragraph> <paragraph num="(3)"> <text>Other potential factors for which the Department of Natural Resources Power Plant Research Program may request information include the following.</text> <paragraph num="(a)"> <text>Environmental information required under COMAR 20.79.03.02.</text> </paragraph> <paragraph num="(b)"> <text>Natural Resources information required under COMAR 20.79.03.03.</text> </paragraph> <paragraph num="(c)"> <text>Socioeconomic information required under COMAR 20.79.03.04.</text> </paragraph> <paragraph num="(d)"> <text>EJSCREEN Reports pursuant to COMAR 20.79.03.05.</text> </paragraph> <paragraph num="(e)"> <text>Plans for compliance which are subject to COMAR 26.02.03.02 noise assessment regulations.</text> </paragraph> <paragraph num="(f)"> <text>Plans for compliance with all state and local building, fire, and zoning requirements.</text> </paragraph> <paragraph num="(g)"> <text>Information on grid reliability impacts.</text> </paragraph> <paragraph num="(h)"> <text>Decommissioning plans, if applicable, to ensure there is an appropriate financial surety instrument to cover the projected cost of decommissioning less projected salvage value at the end of projected project life. Electric companies are exempt from decommissioning requirements.</text> </paragraph> <paragraph num="(i)"> <text>Any additional information required by the Department of Natural Resources Power Plant Research Program for state agency review which shall not be unreasonably denied.</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>State Agency Application Recommendations.</text> <paragraph num="(1)"> <text>The State agencies shall consider in its recommendation to the Commission, the information received from the applicant regarding stakeholder engagement and participation of counties, municipal corporations, or an affected community. The Department of Natural Resources Power Plant Research Program shall upon request, provide the Maryland Office of People’s Counsel the information it collected from the applicant.</text> </paragraph> <paragraph num="(2)"> <text>An energy storage device owner may respond within 30 days of the Commission’s receipt of such information from the State agencies.</text> </paragraph> <paragraph num="(3)"> <text>The State agencies shall file with the Commission within 4 months of receipt of all required information, a recommendation on whether the energy storage device enrollment in the Maryland Energy Storage Program or an application for Commission Energy Storage Construction Approvals and Waivers for energy storage devices not seeking to enroll in an initiative should be approved, approved with modifications, or denied.</text> </paragraph> <paragraph num="(4)"> <text>The State agencies shall also include any recommended conditions.</text> </paragraph> <paragraph num="(5)"> <text>An applicant shall have 10 days to agree or disagree with these State agency recommended conditions in a filing to the Commission.</text> </paragraph> </paragraph> <paragraph num="C."> <text>State Agency Waiver Reviews. The State agencies shall also consider waiver requests for front-of-the-meter energy storage devices equal to or greater than 20 megawatt-hours per parcel pursuant to Regulation .08 of this chapter and make recommendations to the Commission within 4 months of receipt of all required information to approve, approve with modifications, or deny the waiver request.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".12" heading="Commission Approvals for Front-Of-The-Meter Energy Storage Devices."> <paragraph num="A."> <text>Pursuant to Public Utilities Article, §7–219(B), Annotated Code of Maryland, a person may not begin construction of a front-of-the-meter energy storage device unless the construction has been approved by the Commission.</text> </paragraph> <paragraph num="B."> <text>Hearings and Approvals.</text> <paragraph num="(1)"> <text>State agency recommendations coordinated by the Department of Natural Resources Power Plant Research Program pursuant to Regulation .11 of this chapter may be considered by the Commission in its Administrative Docket within 60 days of filing of the state agency recommendations unless there is a filing by any other state agency, county, municipal corporation, an affected community, or any other stakeholder opposing the state agency recommendations that necessitates an evidentiary hearing.</text> </paragraph> <paragraph num="(2)"> <text>The Commission may approve, deny, or approve modifications to an application or a waiver request within 30 days of a hearing in either the Commission’s Administrative Docket or at an evidentiary hearing as determined by the Commission.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Compliance and Revocation of Approval. If an energy storage device enrolled in an initiative is found to be in violation of any conditions approved for its inclusion, its approval may be revoked by the administrator and the energy storage device removed from enrollment in the initiative pursuant to a Commission determination.</text> </paragraph> <paragraph num="D."> <text>Appeals. Within 30 days of the filing of an appeal, the Commission may consider any motions to appeal any decisions. No change in an energy storage device’s application status, enrollment status, or registration status shall be made until the appeal is adjudicated by the Commission.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".13" heading="Annual Reporting."> <paragraph num="A."> <text>Starting September 1 of the year after the Commission approves the first administrator’s initiative, an administrator shall file the following information for the prior delivery year with the Commission segregated by market segment, ownership, and operating model, technology type, and SDES, LDES, Multi-day ES durations:</text> <paragraph num="(1)"> <text>The following information regarding applications, enrollments, registrations, awards, and removals from initiatives:</text> <paragraph num="(a)"> <text>Total number of energy storage device initiative applications;</text> </paragraph> <paragraph num="(b)"> <text>Total kilowatts of energy storage device applications;</text> </paragraph> <paragraph num="(c)"> <text>Total kilowatt-hours of energy storage device applications;</text> </paragraph> <paragraph num="(d)"> <text>Total number of energy storage devices enrolled for each delivery year;</text> </paragraph> <paragraph num="(e)"> <text>Total kilowatts of energy storage devices enrolled for each delivery year;</text> </paragraph> <paragraph num="(f)"> <text>Total kilowatt-hours of energy storage devices enrolled for each delivery year;</text> </paragraph> <paragraph num="(g)"> <text>Total number of energy storage devices registered;</text> </paragraph> <paragraph num="(h)"> <text>Total kilowatts of energy storage devices registered;</text> </paragraph> <paragraph num="(i)"> <text>Total kilowatt-hours of energy storage devices registered;</text> </paragraph> <paragraph num="(j)"> <text>Total number of denied energy storage device applications;</text> </paragraph> <paragraph num="(k)"> <text>Total kilowatts of denied energy storage applications;</text> </paragraph> <paragraph num="(l)"> <text>Total kilowatt-hours of denied energy storage applications;</text> </paragraph> <paragraph num="(m)"> <text>Total number of energy storage devices removed from initiative enrollment or registration by delivery year for any reason;</text> </paragraph> <paragraph num="(n)"> <text>Total kilowatts of energy storage devices removed from an initiative enrollment or registration by delivery year for any reason;</text> </paragraph> <paragraph num="(o)"> <text>Total kilowatt-hours of energy storage devices removed from an initiative enrollment or registration by delivery year for any reason;</text> </paragraph> <paragraph num="(p)"> <text>Total kilowatts of energy storage device deployment incentives awarded in the prior delivery year;</text> </paragraph> <paragraph num="(q)"> <text>Total kilowatt-hours of energy storage device deployment incentives awarded in the prior delivery year;</text> </paragraph> <paragraph num="(r)"> <text>Total dollars for energy storage device deployment incentives awarded in the prior delivery year;</text> </paragraph> <paragraph num="(s)"> <text>Total kilowatts for energy storage device procurement mechanisms awarded in the prior delivery year;</text> </paragraph> <paragraph num="(t)"> <text>Total kilowatt-hours for energy storage device procurement mechanisms awarded in the prior delivery year; and</text> </paragraph> <paragraph num="(u)"> <text>Total dollars for energy storage device procurement mechanisms awarded in the prior delivery year;</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>The following information regarding pre-existing energy storage devices:</text> <paragraph num="(a)"> <text>Total number of pre-existing energy storage devices discovered in the prior delivery year;</text> </paragraph> <paragraph num="(b)"> <text>Total kilowatts of pre-existing energy storage devices discovered in the prior delivery year; and</text> </paragraph> <paragraph num="(c)"> <text>Total kilowatt-hours of pre-existing energy storage devices discovered in the prior delivery</text> </paragraph> </paragraph> </paragraph> <text>year;</text> <paragraph num="(3)"> <text>Initiative administrative costs in the prior delivery year;</text> </paragraph> <paragraph num="(4)"> <text>Cumulative totals that include data from previous annual reports for the information in §§A(1), (2), and (3) of this regulation;</text> </paragraph> <paragraph num="(5)"> <text>Initiative assessments containing the following information:</text> <paragraph num="(a)"> <text>Initiative assessment regarding evaluation, measurement and verification benefit/costs expected and benefit/costs received in the prior delivery year; and</text> </paragraph> <paragraph num="(b)"> <text>Initiative assessment regarding equity impacts of the initiative in the prior delivery year, including:</text> <paragraph num="(i)"> <text>Total number, total kilowatts and kilowatt-hours of energy storage devices providing benefits to underserved communities;</text> </paragraph> <paragraph num="(ii)"> <text>Percentage of number, total kilowatts and kilowatt-hours of energy storage devices providing benefits to underserved communities; and</text> </paragraph> <paragraph num="(iii)"> <text>A description of actions taken to promote or incentivize initiative participation in underserved communities and any metrics used for monitoring underserved community participation; and</text> </paragraph> </paragraph> </paragraph> <paragraph num="(6)"> <text>Cumulative totals that include data from previous annual reports for the information in §A(2)(a) and (b) of this regulation.</text> </paragraph> <paragraph num="B."> <text>Maryland Energy Storage Program Annual Report. The Maryland Energy Storage Program Manager shall annually each October 1 file a report with the Commission that summarizes the information in §§A(1) and (2) of this regulation.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Public Utilities Article, §§1-101, 2-113, 2-121, 7-207, 7-216, 7-216.1, 7-219, 7–1001, and 7-1005, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: March 30, 2026 (52:6 Md. R. 292)</annotation> </annotations> </chapter> </subtitle> <subtitle num="51" heading="Electricity Suppliers"> <chapter num="01" heading="General Provisions"> <regulation prefix="Regulation" num=".01" heading="Scope."> <text>Except for an electric company providing standard offer service as defined in Public Utilities Article, §7-501, Annotated Code of Maryland, or a municipal electric utility serving customers solely in its distribution territory, this subtitle applies to all electricity suppliers.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this subtitle, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Administrator” means the person appointed as administrator for a qualified offshore wind project under COMAR 20.61.06.09.</text> </paragraph> <paragraph num="(1-1)"> <text>“Affiliate” means a person that directly or indirectly, or through one or more intermediaries, controls, is controlled by, is under common control with, or has any economic interest in another person.</text> </paragraph> <paragraph num="(2)"> <text>Aggregator.</text> <paragraph num="(a)"> <text>“Aggregator” means an entity or an individual that acts on behalf of a customer to purchase electricity.</text> </paragraph> <paragraph num="(b)"> <text>“Aggregator” does not include:</text> <paragraph num="(i)"> <text>An entity or individual that purchases electricity for its own use or for the use of its subsidiaries or affiliates;</text> </paragraph> <paragraph num="(ii)"> <text>A municipal electric utility serving only in its distribution territory; or</text> </paragraph> <paragraph num="(iii)"> <text>A combination of governmental units that purchases electricity for use by the governmental units.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(3)"> <text>“Applicant” means a person applying for an electricity supplier license.</text> </paragraph> <paragraph num="(4)"> <text>“Application” means a written request for an electricity supplier license.</text> </paragraph> <paragraph num="(5)"> <text>“Broker” means an entity or individual that acts as an agent or intermediary in the sale and purchase of electricity but does not take title to electricity.</text> </paragraph> <paragraph num="(6)"> <text>“Commission” means the Public Service Commission of Maryland.</text> </paragraph> <paragraph num="(7)"> <text>“Competitive billing service” means the:</text> <paragraph num="(a)"> <text>Invoicing for electricity supply or electricity supply services to a retail customer; and</text> </paragraph> <paragraph num="(b)"> <text>Processing of payment for electricity supply or electricity supply services to a retail customer.</text> </paragraph> </paragraph> <paragraph num="(8)"> <text>“Contract for energy assistance households” means a residential retail energy supply contract that meets the legal requirements of Public Utilities Article, §4-308, Annotated Code of Maryland, and any other applicable requirements in the Public Utilities Article in connection with a supplier’s supply service for customers who are part of an energy assistance household.</text> </paragraph> <paragraph num="(9)"> <text>“Debt service coverage” means a ratio of cash flow dedicated to pay a specific debt to the total amount of debt payments required to be made.</text> </paragraph> <paragraph num="(10)"> <text>Electric Company.</text> <paragraph num="(a)"> <text>“Electric company” means a person that physically transmits or distributes electricity in the State to a retail electric customer.</text> </paragraph> <paragraph num="(b)"> <text>“Electric company” does not include:</text> <paragraph num="(i)"> <text>An owner/operator that holds ownership in and manages the internal distribution system serving a building and supplies electricity and electricity supply services solely to occupants of the building for use by occupants;</text> </paragraph> <paragraph num="(ii)"> <text>A lessee/operator that holds a leasehold interest in and manages the internal distribution system serving a building and supplies electricity and electricity supply services solely to occupants of the building for use by occupants;</text> </paragraph> <paragraph num="(iii)"> <text>Any person that generates on-site generated electricity; or</text> </paragraph> <paragraph num="(iv)"> <text>A person that transmits or distributes electricity within a site owned by the person or person's affiliate that is incidental to a primary landlord-tenant relationship.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(11)"> <text>Electricity Supplier.</text> <paragraph num="(a)"> <text>“Electricity supplier” means a licensed person that:</text> <paragraph num="(i)"> <text>Sells electricity, electricity supply services, competitive billing services, or competitive metering services; or</text> </paragraph> <paragraph num="(ii)"> <text>Purchases, brokers, arranges, or markets electricity or electricity supply services for sale to a retail electric customer.</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>“Electricity supplier” includes an electric company, an aggregator, a broker, and a marketer of electricity, including by means of supplier-consolidated billing.</text> </paragraph> <paragraph num="(c)"> <text>“Electricity supplier” does not include:</text> <paragraph num="(i)"> <text>An owner/operator that holds ownership in and manages the internal distribution system serving a building, and supplies electricity and electricity supply services solely to occupants of the building for use by the occupants;</text> </paragraph> <paragraph num="(ii)"> <text>A lessee/operator that holds a leasehold interest in and manages the internal distribution system serving a building, and supplies electricity and electricity supply services solely to occupants of the building for use by the occupants; or</text> </paragraph> <paragraph num="(iii)"> <text>A person that generates on-site generated electricity.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(12)"> <text>“Electricity supply services” means the retail procurement of:</text> <paragraph num="(a)"> <text>An electricity supplier;</text> </paragraph> <paragraph num="(b)"> <text>Metering, billing, including supplier-consolidated billing under Subtitle 53 of this title or meter data management services; or</text> </paragraph> <paragraph num="(c)"> <text>Other competitive services traditionally provided by an electric company.</text> </paragraph> </paragraph> <paragraph num="(13)"> <text>“Energy assistance household” means that the Office of Home Energy Programs found that the service address or household associated with the utility account qualified for an electric assistance program during the current or previous fiscal year. For a utility that provides both gas and electric service, an energy assistance household means that the Office of Home Energy Programs found that the service address or household associated with the utility account qualified for an electric or gas assistance program during the current or previous fiscal year.</text> </paragraph> <paragraph num="(14)"> <text>“Energy assistance program” means the following programs administered by the Maryland Office of Home Energy Programs by which a customer receives financial assistance paying their electricity utility bills, which includes but is not necessarily limited to:</text> <paragraph num="(a)"> <text>The Maryland Energy Assistance Program;</text> </paragraph> <paragraph num="(b)"> <text>The Electric Universal Service Program; and</text> </paragraph> <paragraph num="(c)"> <text>The Arrearage Retirement Assistance Program.</text> </paragraph> </paragraph> <paragraph num="(15)"> <text>“Fiscal year” means the 12-month period that begins on July 1 of a calendar year and ends June 30 of the next calendar year.</text> </paragraph> <paragraph num="(16)"> <text>“Independent system operator” means an entity authorized by the Federal Energy Regulatory Commission to control a regional transmission grid.</text> </paragraph> <paragraph num="(17)"> <text>“License” means the authority granted by the Commission to a person to do business as an electricity supplier.</text> </paragraph> <paragraph num="(18)"> <text>“Marketer” means a person that purchases and takes title to electricity as an intermediary for sale to a customer.</text> </paragraph> <paragraph num="(19)"> <text>“Negative stockholders' equity” means total assets are less than the sum of total liabilities, preferred stock, and intangibles.</text> </paragraph> <paragraph num="(20)"> <text>“Net income” means sales less costs incurred from operations.</text> </paragraph> <paragraph num="(21)"> <text>“Person” means an individual, receiver, trustee, guardian, personal representative, fiduciary, representative of any kind, partnership, firm, association, corporation, or other entity.</text> </paragraph> <paragraph num="(22)"> <text>“Positive current working capital” means current assets exceed current liabilities.</text> </paragraph> <paragraph num="(23)"> <text>“Positive stockholders' equity” means total assets exceed the sum of total liabilities, preferred stock, and intangibles.</text> </paragraph> <paragraph num="(24)"> <text>“Regional transmission operator” means a person that performs the same transmission system coordination functions as an independent system operator.</text> </paragraph> <paragraph num="(25)"> <text>Retail Electric Customer.</text> <paragraph num="(a)"> <text>“Retail electric customer” means a purchaser of electricity for end use in the State.</text> </paragraph> <paragraph num="(b)"> <text>“Retail electric customer” does not include:</text> <paragraph num="(i)"> <text>An occupant of a building in which the owner/operator or lessee/operator manages the internal distribution system serving the building and supplies electricity and electricity supply services solely to occupants of the building for use by the occupants; and</text> </paragraph> <paragraph num="(ii)"> <text>A person that generates on-site generated electricity, to the extent the on-site generated electricity is consumed by that person or its tenants.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(26)"> <text>“Standard offer service” has the meaning stated in Public Utilities Article, §7-501, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(27)"> <text>“Supplier-consolidated billing (SCB)” means a form of competitive billing service in which a gas or electricity supplier is authorized by the Commission to render a bill to a retail gas or electric customer that includes both the supplier charges and the gas or electric company’s regulated charges.</text> </paragraph> <paragraph num="(28)"> <text>“System transmission operator” means a person that performs the same transmission system coordination functions as an independent system operator.</text> </paragraph> </paragraph> </regulation> <annotations> <annotation type="Authority">Public Utilities Article, §§2-113, 2-121, 4-308, and 7-507, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: September 1, 2003 (30:17 Md. R. 1204)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended effective April 11, 2005 (32:7 Md. R. 684); September 15, 2014 (41:18 Md. R. 1010); March 7, 2022 (49:5 Md. R. 366); July 10, 2023 (50:13 Md. R. 513)</annotation> </annotations> </chapter> <chapter num="02" heading="Administrative Provisions"> <regulation prefix="Regulation" num=".01" heading="Electricity Supplier License Required."> <paragraph num="A."> <text>A person may not engage in the business of an electricity supplier in the State without obtaining a license from the Commission.</text> </paragraph> <paragraph num="B."> <text>A person is limited by the terms of the license issued by the Commission.</text> </paragraph> <paragraph num="C."> <text>A license is valid unless suspended or revoked by the Commission.</text> </paragraph> <paragraph num="D."> <text>A license issued under this chapter may not be transferred without prior approval of the Commission.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Application Requirements."> <paragraph num="A."> <text>A person applying for an electricity supplier license or to transfer an existing license shall file an application on the form provided by the Commission.</text> </paragraph> <paragraph num="B."> <text>The application shall contain at least the following information:</text> <paragraph num="(1)"> <text>The technical and managerial competency of the applicant;</text> </paragraph> <paragraph num="(2)"> <text>A statement indicating compliance with all applicable requirements of the:</text> <paragraph num="(a)"> <text>Federal Energy Regulatory Commission; and</text> </paragraph> <paragraph num="(b)"> <text>Any independent system operator, regional transmission operator, or system transmission operator to be used by the applicant;</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>A statement of compliance with:</text> <paragraph num="(a)"> <text>Applicable federal and State consumer protection laws; and</text> </paragraph> <paragraph num="(b)"> <text>Environmental laws and regulations relating to the generation of electricity;</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>Financial documents as follows:</text> <paragraph num="(a)"> <text>One of the following:</text> <paragraph num="(i)"> <text>Balance sheets and income statements for the two most recent 12-month periods for which information is available;</text> </paragraph> <paragraph num="(ii)"> <text>If the applicant has not been in existence for at least two-12 month periods, balance sheets and income statements for the life of the business; or</text> </paragraph> <paragraph num="(iii)"> <text>If a parent corporation or other person undertakes to ensure the financial integrity of the applicant, the parent corporation's or other person's balance sheets and income statements, for at least the two most recent 12 month periods, together with documentation of the undertaking;</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>Credit reports or ratings prepared by a nationally recognized statistical rating organization regarding the applicant's payment and credit history, to the extent available or allowed;</text> </paragraph> <paragraph num="(c)"> <text>A current long-term bond rating, or other senior debt rating, if available;</text> </paragraph> <paragraph num="(d)"> <text>Proof that the applicant has met the credit requirements of PJM Interconnection, LLC, if the applicant has done so, and a detailed description of any credit security requirements PJM Interconnection, LLC has imposed upon the applicant; or</text> </paragraph> <paragraph num="(e)"> <text>Other evidence of financial integrity the applicant wishes to provide for the Commission's consideration;</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>A certificate from:</text> <paragraph num="(a)"> <text>The state under which the applicant's business is formed, indicating that the applicant is in good standing and qualified to do business in the state of formation; and</text> </paragraph> <paragraph num="(b)"> <text>The Maryland Department of Assessments and Taxation indicating that the applicant is qualified to do business in the State, if the business of the applicant is formed under the laws of a state other than Maryland;</text> </paragraph> </paragraph> <paragraph num="(6)"> <text>An affidavit of tax compliance, including local taxes and surcharges;</text> </paragraph> <paragraph num="(7)"> <text>If the applicant provides competitive billing services:</text> <paragraph num="(a)"> <text>A statement of compliance with any local licensing and bonding requirement; and</text> </paragraph> <paragraph num="(b)"> <text>A copy of the agreement between the electric company and the applicant that:</text> <paragraph num="(i)"> <text>Details the reciprocal responsibilities for collection and ownership of accounts receivable; and</text> </paragraph> <paragraph num="(ii)"> <text>Prohibits the electric company from commencing collection or service termination action of any kind against a retail customer for nonpayment of utility charges billed by the electricity supplier unless the retail customer fails upon request to provide evidence of payment to the electricity supplier of the utility charges;</text> </paragraph> </paragraph> </paragraph> <paragraph num="(8)"> <text>If the applicant intends to collect a deposit or prepayment from a retail customer, a bond as required under COMAR 20.51.03.03 or similar instrument approved by the Commission;</text> </paragraph> <paragraph num="(9)"> <text>If applicable, a certificate of compliance with the provisions of the Labor and Employment Article, Title 9, Annotated Code of Maryland, relating to Maryland Workers' Compensation;</text> </paragraph> <paragraph num="(10)"> <text>A statement confirming that upon the Commission granting a license to the electricity supplier under Regulation .09 of this chapter, the electricity supplier will notify each of the administrators appointed under COMAR 20.61.06.09 of its name, contact details and any other relevant administrative details that an administrator may require in order to efficiently invoice such electricity supplier as required by COMAR 20.61.06.11; and</text> </paragraph> <paragraph num="(11)"> <text>A statement confirming that the applicant will not offer or provide supplier-consolidated billing without Commission licensing that authorizes the provision of supplier-consolidated billing.</text> </paragraph> </paragraph> <paragraph num="C."> <text>An applicant seeking to act solely as a broker or aggregator of electricity supply and electricity supply services shall submit a $10,000 bond in the form described in Regulation .08G of this chapter.</text> </paragraph> <paragraph num="D."> <text>An applicant who provides financial documents under §B(4)(a) of this regulation shall provide audited balance statements, if available.</text> </paragraph> <paragraph num="E."> <text>In addition to the requirements of §§A—D of this regulation, an applicant seeking to provide supplier-consolidated billing shall, at a minimum, provide the following:</text> <paragraph num="(1)"> <text>Certification that the applicant will comply with all laws and regulatory requirements for Maryland bills that contain regulated utility charges and retail energy charges;</text> </paragraph> <paragraph num="(2)"> <text>Certification that the applicant will comply with all applicable statutes and regulatory requirements and maintain the following functions:</text> <paragraph num="(a)"> <text>Call center operations;</text> </paragraph> <paragraph num="(b)"> <text>Complaint resolution procedures; and</text> </paragraph> <paragraph num="(c)"> <text>Billing, credit, and collection procedures;</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Certification that the applicant will coordinate with the electric company to exchange information and data using Statewide uniform formats and standards approved by the Commission when engaging in supplier-consolidated billing in the electric company's service territory;</text> </paragraph> <paragraph num="(4)"> <text>Proof of an ongoing quality assurance process that documents the accuracy of customer bills; and</text> </paragraph> <paragraph num="(5)"> <text>Such additional information as the Commission may require.</text> </paragraph> </paragraph> <paragraph num="F."> <text>A licensed electricity supplier that seeks to perform supplier-consolidated billing shall apply to amend its authority under the terms of this subtitle.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Number of Copies; Service."> <paragraph num="A."> <text>An applicant shall file an application with the Commission.</text> </paragraph> <paragraph num="B."> <text>In addition to filing the application with the Commission, the applicant shall simultaneously provide a copy of the completed application to the Maryland Office of People's Counsel, along with the supporting documentation and any supplemental or updated information.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Material Change in Application Information."> <text>An applicant shall immediately inform the Commission of any material change in the information provided in the application during the application review process.</text> </regulation> <regulation prefix="Regulation" num=".05" heading="Fees."> <text>When the initial application is filed, the applicant shall pay a nonrefundable filing fee, as specified by the Commission in the application form.</text> </regulation> <regulation prefix="Regulation" num=".06" heading="Accuracy of Information."> <paragraph num="A."> <text>An applicant who submits misleading, incomplete, inaccurate information or fails to provide the updated information required under COMAR 20.51.03.01 may be penalized under the Public Utilities Article, Annotated Code of Maryland.</text> </paragraph> <paragraph num="B."> <text>A penalty under §A of this regulation may include the:</text> <paragraph num="(1)"> <text>Denial of an electricity supplier license;</text> </paragraph> <paragraph num="(2)"> <text>Revocation or suspension of a license issued under Regulation .09 of this chapter;</text> </paragraph> <paragraph num="(3)"> <text>Imposition of a civil penalty of up to $10,000 per violation;</text> </paragraph> <paragraph num="(4)"> <text>Imposition of a moratorium on adding or soliciting additional customers; or</text> </paragraph> <paragraph num="(5)"> <text>Any other action the Commission considers appropriate.</text> </paragraph> </paragraph> <paragraph num="C."> <text>The Commission shall consider, in determining the amount of the civil penalty imposed under §B(3) of this regulation, the:</text> <paragraph num="(1)"> <text>Number of previous violations of any provision of Commission law or regulations;</text> </paragraph> <paragraph num="(2)"> <text>Gravity of the current violation; and</text> </paragraph> <paragraph num="(3)"> <text>Good faith of the electricity supplier or person charged in attempting to achieve compliance after the Commission provides notice of the violation.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Classification of Information."> <paragraph num="A."> <text>An applicant may designate answers or documents proprietary or confidential only if there is a valid legal or factual basis supporting the designation.</text> </paragraph> <paragraph num="B."> <text>Applicant answers or documents designated as proprietary or confidential shall be reviewed by the Commission.</text> </paragraph> <paragraph num="C."> <text>Following review, the Commission shall classify answers or documents identified as proprietary or confidential by the applicant as either public, proprietary, or confidential.</text> </paragraph> <paragraph num="D."> <text>Only answers identified as public may be inspected by the general public.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Financial Integrity."> <paragraph num="A."> <text>Each applicant for a license shall file audited financial documents as listed in Regulation .02B(4) of this chapter.</text> </paragraph> <paragraph num="B."> <text>The Commission shall consider an applicant to have acceptable financial integrity if it:</text> <paragraph num="(1)"> <text>Receives an unsecured credit allowance greater than $2,000,000 from PJM Interconnection, LLC, and provides documentation of the credit allowance; or</text> </paragraph> <paragraph num="(2)"> <text>Demonstrates financial integrity under §D of this regulation.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Any demonstration of financial integrity under §D of this regulation shall be based on the most recent fiscal year-end and, if available, quarterly audited, financial statements of the applicant, from the parent corporation or other person that has undertaken to guarantee the applicant's financial integrity.</text> </paragraph> <paragraph num="D."> <text>If the applicant has less than 12 months of financial history, review of financial integrity shall be based on an evaluation of indicators including:</text> <paragraph num="(1)"> <text>Company growth;</text> </paragraph> <paragraph num="(2)"> <text>Customer base;</text> </paragraph> <paragraph num="(3)"> <text>History of attracting capital;</text> </paragraph> <paragraph num="(4)"> <text>Productivity of assets; and</text> </paragraph> <paragraph num="(5)"> <text>Margin of safety for creditors.</text> </paragraph> </paragraph> <paragraph num="E."> <text>An applicant for a license shall demonstrate financial integrity by having:</text> <paragraph num="(1)"> <text>One of the following:</text> <paragraph num="(a)"> <text>Positive working capital; or</text> </paragraph> <paragraph num="(b)"> <text>Debt service coverage equal to or greater than two times the annual interest costs;</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>One of the following:</text> <paragraph num="(a)"> <text>Positive stockholder equity; or</text> </paragraph> <paragraph num="(b)"> <text>Positive working capital and a dedicated source of additional financing including a line of credit, a pending stock issuance or debt issuance, or other committed source of financing; and</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>One of the following:</text> <paragraph num="(a)"> <text>Positive net income; or</text> </paragraph> <paragraph num="(b)"> <text>Stockholder equity equal to or greater than two times the amount of net loss.</text> </paragraph> </paragraph> </paragraph> <paragraph num="F."> <text>If an applicant, a parent corporation, or other person who has undertaken to guarantee the applicant's financial integrity, cannot satisfy the financial integrity tests specified in §E of this regulation, or has not received an unsecured credit allowance greater than $2,000,000 from PJM Interconnection, LLC, the applicant, parent corporation, or other person who has undertaken to guarantee the applicant's financial integrity shall provide the Commission with security in the form of the bond described in §H of this regulation, or other security as required under §I of this regulation.</text> </paragraph> <paragraph num="G."> <text>Bonding; Financial Guarantees.</text> <paragraph num="(1)"> <text>A supplier seeking to be licensed to provide supplier-consolidated billing shall provide and maintain bonding or financial guarantees with the Commission in the amount of $500,000.</text> </paragraph> <paragraph num="(2)"> <text>The total financial guarantee required under this regulation may include the bond or other form of financial guarantee submitted as proof of financial integrity under §I of this regulation.</text> </paragraph> <paragraph num="(3)"> <text>A supplier seeking to be licensed to provide supplier-consolidated billing services or providing supplier-consolidated billing services may petition the Commission to lower the total bonding or financial guarantee requirement of $500,000.</text> </paragraph> </paragraph> <paragraph num="H."> <text>A bond required under §F or G of this regulation shall:</text> <paragraph num="(1)"> <text>Identify the Maryland Public Service Commission as the sole beneficiary;</text> </paragraph> <paragraph num="(2)"> <text>Be continuous and subject to cancellation on 60 days notice to the Commission unless, for good cause shown, the Commission orders that the bond be maintained;</text> </paragraph> <paragraph num="(3)"> <text>Except for an applicant under Regulation .02C or .08G of this chapter, be in the amount of $250,000;</text> </paragraph> <paragraph num="(4)"> <text>Contain the following language or similar language acceptable to the Commission: "Payment under this bond shall be due if:</text> <paragraph num="(a)"> <text>The Commission determines that (electricity supplier name) is financially insolvent or unable to meet its obligations as a licensed electricity supplier in Maryland; or</text> </paragraph> <paragraph num="(b)"> <text>Ordered by a Maryland court after a person who has obtained a judgment against a licensed supplier has previously attempted to collect the judgment through all other means available to the court";</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>Permit the Commission to direct that the proceeds of the bond be paid or disbursed to satisfy the electricity supplier's financial obligations to the Commission or other Maryland governmental entity;</text> </paragraph> <paragraph num="(6)"> <text>Permit a Maryland court to direct proceeds of the bond be paid to a person that has obtained a judgment against a licensed supplier and has previously attempted to collect the judgment through all other means available to the Court;</text> </paragraph> <paragraph num="(7)"> <text>Permit payment of obligations up to the amount of the bond; and</text> </paragraph> <paragraph num="(8)"> <text>Be obtained from a company licensed in Maryland to write surety types of insurance.</text> </paragraph> </paragraph> <paragraph num="I."> <text>Proof of Financial Integrity.</text> <paragraph num="(1)"> <text>For proof of financial integrity, an applicant may rely upon a guarantee provided by a parent corporation or other person.</text> </paragraph> <paragraph num="(2)"> <text>If a parent corporation or other person undertakes to guarantee the financial integrity of the applicant, the parent corporation or other person shall supply the information and meet the financial standards that would otherwise be required of the applicant.</text> </paragraph> <paragraph num="(3)"> <text>An applicant may submit an instrument similar to a bond, or other financial surety or guarantee, in the amount of $250,000, for the Commission's consideration.</text> </paragraph> <paragraph num="(4)"> <text>The Commission may accept an alternate form of financial guarantee in place of the bond required under Regulation .02C of this chapter or §F of this regulation.</text> </paragraph> </paragraph> <paragraph num="J."> <text>Maintaining a Bond as Proof of Financial Integrity.</text> <paragraph num="(1)"> <text>At the request of an electricity supplier, upon expiration or withdrawal of a bond submitted under this regulation, or on a periodic basis, the Commission shall review the financial information submitted by a licensed electricity supplier.</text> </paragraph> <paragraph num="(2)"> <text>Based on new or additional information submitted by the electricity supplier, the Commission may find that the electricity supplier meets the Commission's financial integrity standards and no longer needs to provide a bond.</text> </paragraph> <paragraph num="(3)"> <text>In the absence of a Commission finding that a bond is no longer necessary, a supplier shall renew or replace a bond before the expiration of the bond.</text> </paragraph> <paragraph num="(4)"> <text>Failure to maintain a valid bond required under this regulation may result in the suspension or revocation of an electricity supplier's license.</text> </paragraph> </paragraph> <paragraph num="K."> <text>A licensed electricity supplier may seek to withdraw a bond or other form of financial integrity guarantee provided to the Commission, if:</text> <paragraph num="(1)"> <text>PJM Interconnection, LLC grants the electricity supplier an unsecured credit allowance in an amount greater than $2,000,000; and</text> </paragraph> <paragraph num="(2)"> <text>The supplier provides documentation of the credit allowance to the Commission.</text> </paragraph> </paragraph> <paragraph num="L."> <text>The Commission may in its discretion require that an electricity supplier that will have an OREC purchase obligation deliver to the Commission, no later than 30 days prior to the year in which the offshore wind energy RPS takes effect, a performance bond or other form of collateral support in such amounts, from such providers and in such form as shall be determined by the Commission to secure the payment obligations of the electricity supplier under COMAR 20.61.06.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".09" heading="Granting a License."> <text>After review, the Commission may grant a license on finding that the issuance will promote a competitive retail electricity supply and electricity supply services market.</text> </regulation> <regulation prefix="Regulation" num=".10" heading="Approving a Contract for Energy Assistance Households."> <paragraph num="A."> <text>For contracts signed on or after July 1, 2023, an electricity supplier may not serve a customer in an energy assistance household except pursuant to a Commission-approved contract for energy assistance households.</text> </paragraph> <paragraph num="B."> <text>An electricity supplier applying for approval of a contract for energy assistance households shall file on a form provided by the Commission.</text> </paragraph> <paragraph num="C."> <text>The submission shall include:</text> <paragraph num="(1)"> <text>The identity of the applicant;</text> </paragraph> <paragraph num="(2)"> <text>The service territories and commodities applied for;</text> </paragraph> <paragraph num="(3)"> <text>A copy of the contract and contract summary form that will be used for sales to energy assistance households;</text> </paragraph> <paragraph num="(4)"> <text>A description of the price a customer will pay, as it will appear on the customer contract;</text> </paragraph> <paragraph num="(5)"> <text>For any months where the utility standard offer service rate is not known at the time of application, a description of how the supplier will ensure that the retail supplier’s rate for energy assistance households remains at or below the utility standard offer service rate;</text> </paragraph> <paragraph num="(6)"> <text>A commitment for the entirety of the term of the supply contract to charge at or below the utility standard offer service rate;</text> </paragraph> <paragraph num="(7)"> <text>A commitment to follow the terms of Public Utilities Article, §4-308, Annotated Code of Maryland; and</text> </paragraph> <paragraph num="(8)"> <text>A commitment to uniquely identify the offer in such a way as to distinguish the Commission-approved contract for energy assistance households from other supply products the supplier may be offering for sale in Maryland.</text> </paragraph> </paragraph> <paragraph num="D."> <text>The Commission may approve a supplier’s application for a contract for energy assistance households subject to any conditions the Commission determines appropriate.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">§§2-113, 2-121, 4-308, 5-101, 7-507, and 7-511, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: September 1, 2003 (30:17 Md. R. 1204)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended effective March 7, 2022 (49:5 Md. R. 366)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended effective April 11, 2005 (32:7 Md. R. 684); September 15, 2014 (41:18 Md. R. 1010); March 7, 2022 (49:5 Md. R. 366)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02C, D adopted effective April 11, 2005 (32:7 Md. R. 684)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02E, F adopted effective March 7, 2022 (49:5 Md. R. 366)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03A amended effective July 10, 2023 (50:13 Md. R. 513)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07A amended effective March 7, 2022 (49:5 Md. R. 366)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08 amended effective April 11, 2005 (32:7 Md. R. 684); March 7, 2022 (49:5 Md. R. 366)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08K adopted effective September 15, 2014 (41:18 Md. R. 1010)</annotation> <annotation type="History" subtype="Administrative History">Regulation .10 adopted effective July 10, 2023 (50:13 Md. R. 513)</annotation> </annotations> </chapter> <chapter num="03" heading="Electricity Supplier License Requirements"> <regulation prefix="Regulation" num=".01" heading="Licensee's Updated Information."> <paragraph num="A."> <text>In this chapter, a material change means one or more of the following conditions:</text> <paragraph num="(1)"> <text>PJM Interconnection, LLC has reduced the licensee's unsecured credit allowance to a level below $2,000,000.</text> </paragraph> <paragraph num="(2)"> <text>The licensee is denied credit by a Maryland electric company.</text> </paragraph> <paragraph num="(3)"> <text>At least two of the nationally recognized statistical rating organizations have reduced the licensee's rating by two or more grades, or to a level below investment grade.</text> </paragraph> <paragraph num="(4)"> <text>The licensee has filed for bankruptcy protection or been subjected to involuntary bankruptcy proceedings.</text> </paragraph> <paragraph num="(5)"> <text>The licensee has had a license revoked, suspended, or restricted in another state.</text> </paragraph> <paragraph num="(6)"> <text>A parent corporation or other person who has undertaken to guarantee the licensee's financial integrity withdraws the guarantee.</text> </paragraph> <paragraph num="(7)"> <text>In addition to any of the conditions under §A(1)—(6) of this regulation, if a supplier provides supplier-consolidated billing, a material change includes:</text> <paragraph num="(a)"> <text>The transfer of supplier-consolidated billing services from a supplier to a third-party agent;</text> </paragraph> <paragraph num="(b)"> <text>The transfer of supplier-consolidated billing services from one third-party agent to another third-party agent; or</text> </paragraph> <paragraph num="(c)"> <text>Cancellation of the bonding or collateral for supplier-consolidated billing required under COMAR 20.51.02.08G.</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>Within 10 business days of a material change, a licensed electricity supplier shall:</text> <paragraph num="(1)"> <text>Update or supplement the information required in the application under COMAR 20.51.02.02B(1), (4), and (5) and COMAR 20.51.02.02E; and</text> </paragraph> <paragraph num="(2)"> <text>File a copy of the updated or supplemental information with the Commission.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Except for information pertaining to the financial integrity of the licensee, a licensee shall provide to the Commission annual updates of the information required in the application under COMAR 20.51.02. The annual update required by this section shall be filed within 120 days of the close of the fiscal year of the licensee.</text> </paragraph> <paragraph num="D."> <text>A licensed electricity supplier shall provide additional information as may be required by the Commission.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Required Filing — Electric Company Service Agreement."> <text>An electricity supplier shall file with the Commission a copy of every service agreement entered into with an electric company within 10 business days of the execution of the agreement.</text> </regulation> <regulation prefix="Regulation" num=".03" heading="Requirement — Collection of Prepayment or Deposit."> <paragraph num="A."> <text>An applicant who intends to collect or an electricity supplier who collects a deposit or prepayment for electric supply from a customer shall post a bond as required under this regulation.</text> </paragraph> <paragraph num="B."> <text>The initial bond requirement for an applicant or electricity supplier who intends to collect a deposit or prepayment from a customer shall be $50,000.</text> </paragraph> <paragraph num="C."> <text>Six months after the posting of the initial bond, or when the supplier's amount of deposits or prepayments exceeds its initial bond required by this regulation, whichever is earlier, an electricity supplier shall:</text> <paragraph num="(1)"> <text>Conduct an audit, performed by an independent certified public accountant or a Commission auditor;</text> </paragraph> <paragraph num="(2)"> <text>If an independent certified public accountant is used, provide a copy to the Commission; and</text> </paragraph> <paragraph num="(3)"> <text>Comply with the bonding requirements in §§D and E of this regulation.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Except as provided in §B of this regulation, the bond required under §A of this regulation shall equal or exceed the total amount of any deposits or prepayments an electricity supplier collects.</text> </paragraph> <paragraph num="E."> <text>In calculating the bonding requirement under §D of this regulation, prepayments or deposits do not include funds:</text> <paragraph num="(1)"> <text>Collected from a customer whose metered demand is expected to or does exceed 1 MW during any month of the previous 12-month period; or</text> </paragraph> <paragraph num="(2)"> <text>Received in advance of service from a customer who voluntarily participates in a billing plan under which the customer's electric costs are averaged over a period of time.</text> </paragraph> </paragraph> <paragraph num="F."> <text>The bond required by §A of this regulation shall be obtained from a company licensed in the State to write surety types of insurance.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Form of Bond."> <paragraph num="A."> <text>The bond required by COMAR 20.51.02.08 or Regulation .03 of this chapter shall be in the form required by the Commission.</text> </paragraph> <paragraph num="B."> <text>The bond required by Regulation .03 of this chapter shall at a minimum:</text> <paragraph num="(1)"> <text>Identify the Maryland Public Service Commission as the sole beneficiary;</text> </paragraph> <paragraph num="(2)"> <text>Be continuous and subject to cancellation only after 60 days notice to the Commission;</text> </paragraph> <paragraph num="(3)"> <text>Be in the amount determined under Regulation .03 of this chapter;</text> </paragraph> <paragraph num="(4)"> <text>Contain the following language or similar language acceptable to the Commission: “Payment under this bond shall be due in the event the Commission determines that the (electricity supplier name) is financially insolvent or unable to meet their obligations as a licensed electricity supplier in Maryland”; and</text> </paragraph> <paragraph num="(5)"> <text>Permit the Commission to direct that the proceeds of the bond be paid or disbursed.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Electricity Supplier License — Cessation of Business."> <paragraph num="A."> <text>A licensee shall provide 60 days prior written notice to the Commission and to the administrators appointed under COMAR 20.61.06.09 of an intention to cease providing services to all customers in:</text> <paragraph num="(1)"> <text>The State;</text> </paragraph> <paragraph num="(2)"> <text>A specified electric company service area;</text> </paragraph> <paragraph num="(3)"> <text>A specified customer class; or</text> </paragraph> <paragraph num="(4)"> <text>A specified type of billing.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Following receipt of the notice required by §A of this regulation, the Commission may require the licensee to provide notice to the public and take other appropriate action.</text> </paragraph> <paragraph num="C."> <text>If a supplier ceases providing a particular type of billing service, notice to customers, at a minimum, shall specify the following:</text> <paragraph num="(1)"> <text>That the supplier will no longer provide the specific type of billing service to customers in the State, service territory, or to a customer class, as applicable;</text> </paragraph> <paragraph num="(2)"> <text>The billing method to which the customer will be subject after the supplier ceases to offer the current billing method it was providing; and</text> </paragraph> <paragraph num="(3)"> <text>The date on which the customers current billing service will cease and the new billing service will begin.</text> </paragraph> </paragraph> <paragraph num="D."> <text>If a supplier that is ceasing a specific type of billing service intends to retain a customer on a different billing model, the supplier shall follow COMAR 20.53.05.08.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="License Revocation or Suspension."> <text>The Commission may revoke or suspend a license, if a licensee:</text> <paragraph num="A."> <text>Intentionally provides false information;</text> </paragraph> <paragraph num="B."> <text>Switches, or causes to be switched, the electricity supply for a customer without first obtaining the customer's permission;</text> </paragraph> <paragraph num="C."> <text>Fails to provide electricity for its customers;</text> </paragraph> <paragraph num="D."> <text>Commits fraud or engages in deceptive practices;</text> </paragraph> <paragraph num="E."> <text>Fails to maintain financial integrity;</text> </paragraph> <paragraph num="F."> <text>Violates any applicable provision of this title;</text> </paragraph> <paragraph num="G."> <text>Violates a Commission Order;</text> </paragraph> <paragraph num="H."> <text>Fails to comply with State or local tax laws;</text> </paragraph> <paragraph num="I."> <text>Violates any applicable provision of the Public Utilities Article, Annotated Code of Maryland, or any other State consumer protection law;</text> </paragraph> <paragraph num="J."> <text>Is convicted of, or has a principal who is convicted of, a felony or any crime involving fraud, theft, or deceit; or</text> </paragraph> <paragraph num="K."> <text>Has a similar license issued by another state or the federal government suspended or revoked.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Enforcement."> <text>The Commission may enforce the regulations in this subtitle under the provisions of Public Utilities Article, §7-507, Annotated Code of Maryland.</text> </regulation> <annotations> <annotation type="Authority">Public Utilities Article, §§2-113, 2-121, and 7-507, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: September 1, 2003 (30:17 Md. R. 1204)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended effective April 11, 2005 (32:7 Md. R. 683)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01A, B amended effective March 7, 2022 (49:5 Md. R. 366)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03C amended effective March 7, 2022 (49:5 Md. R. 366)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05A amended effective September 15, 2014 (41:18 Md. R. 1010); March 7, 2022 (49:5 Md. R. 366)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05C, D adopted effective March 7, 2022 (49:5 Md. R. 366)</annotation> </annotations> </chapter> </subtitle> <subtitle num="52" heading="Electric Standard Offer Service"> <chapter num="01" heading="General Regulations"> <regulation prefix="Regulation" num=".01" heading="Scope."> <paragraph num="A."> <text>This subtitle applies to an investor-owned electric company or other entity directed or authorized by a Public Service Commission order to provide electricity supply and electricity supply service.</text> </paragraph> <paragraph num="B."> <text>This subtitle does not apply to electric cooperatives or municipal electric companies.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this subtitle, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Commission” means the Public Service Commission of Maryland.</text> </paragraph> <paragraph num="(2)"> <text>“Customer” has the meaning stated in Public Utilities Article, §7-501, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(3)"> <text>“Electric company” has the meaning stated in Public Utilities Article, §1-101, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(4)"> <text>“FERC” means the Federal Energy Regulatory Commission.</text> </paragraph> <paragraph num="(5)"> <text>“HPS” means hourly priced nonresidential electricity service provided by an investor-owned electric company.</text> </paragraph> <paragraph num="(6)"> <text>“LMP” means locational marginal price.</text> </paragraph> <paragraph num="(7)"> <text>“PJM” means the PJM Interconnection, LLC.</text> </paragraph> <paragraph num="(8)"> <text>“Standard offer service” or (SOS) has the meaning stated in Public Utilities Article, §7-501, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(9)"> <text>“Type I” means standard offer service provided by a utility under Public Utilities Article, §7-510(c), Annotated Code of Maryland, to certain commercial customers through a Commission-approved rate schedule.</text> </paragraph> <paragraph num="(10)"> <text>Type II.</text> <paragraph num="(a)"> <text>“Type II” means standard offer service offered by a utility to nonresidential customers ineligible for Type I service with a PJM capacity peak load contribution of less than 600 kilowatts (kW).</text> </paragraph> <paragraph num="(b)"> <text>“Type II” does not include nonresidential electricity supply service provided to a customer ineligible for Type I service with a PJM capacity peak load contribution of less than 600 kilowatts (kW) receiving electric supply service under an existing special electric supply contract with a utility.</text> </paragraph> </paragraph> <paragraph num="(11)"> <text>Type III.</text> <paragraph num="(a)"> <text>“Type III” means a large customer taking regulated electric supply service from a utility available to a nonresidential customer ineligible for Type I or Type II service.</text> </paragraph> <paragraph num="(b)"> <text>“Type III” does not include a large customer with a special electric supply contract with a utility or excluded by a Commission order.</text> </paragraph> </paragraph> <paragraph num="(12)"> <text>“Utility” means an electric company that is investor owned.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Standard Offer Service Obligation."> <paragraph num="A."> <text>A utility or any other Commission-authorized entity shall provide SOS to any eligible customer choosing SOS, whose electric service has not been denied or terminated under COMAR 20.31, COMAR 20.50.04, or the utility's approved tariff.</text> </paragraph> <paragraph num="B."> <text>If a customer meets any of the criteria under the Public Utilities Article, §7-510(c)(2), Annotated Code of Maryland, the customer is considered to have chosen SOS.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Public Utilities Article, §§2-113, 2-121, 5-101, and 7-510, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: June 7, 2004 (31:11 Md. R. 857)</annotation> </annotations> </chapter> <chapter num="02" heading="Standard Offer Service"> <regulation prefix="Regulation" num=".01" heading="Provision of Residential Standard Offer Service Required."> <paragraph num="A."> <text>This regulation does not apply to residential SOS before the service periods specified in §C of this regulation.</text> </paragraph> <paragraph num="B."> <text>A utility may deny residential SOS under COMAR 20.50.04.01-2 or the utility's tariffs.</text> </paragraph> <paragraph num="C."> <text>A utility shall provide residential SOS for the following specified time periods:</text> <paragraph num="(1)"> <text>Baltimore Gas and Electric Company from July 1, 2006 through May 31, 2010;</text> </paragraph> <paragraph num="(2)"> <text>Delmarva Power & Light Company from July 1, 2004 through May 31, 2008;</text> </paragraph> <paragraph num="(3)"> <text>Potomac Electric Power Company from July 1, 2004 through May 31, 2008;</text> </paragraph> <paragraph num="(4)"> <text>The Potomac Edison Company doing business as (d/b/a) Allegheny Power from January 1, 2009 through December 31, 2012.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Extension of SOS. The Commission may extend a utility obligation to provide SOS under Public Utilities Article, §7-510(c)(3), Annotated Code of Maryland.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Standard Offer Service — Small Commercial Customers."> <paragraph num="A."> <text>This regulation does not apply to electric supply service provided by a utility prior to the service periods specified in §§B and C of this regulation.</text> </paragraph> <paragraph num="B."> <text>Type I—Small Commercial Customer.</text> <paragraph num="(1)"> <text>A utility shall provide Type I SOS to a customer for the following specified time periods:</text> <paragraph num="(a)"> <text>Baltimore Gas and Electric Company from July 1, 2004 through May 31, 2008;</text> </paragraph> <paragraph num="(b)"> <text>Delmarva Power & Light Company from June 1, 2004 through May 31, 2008;</text> </paragraph> <paragraph num="(c)"> <text>Potomac Electric Power Company from July 1, 2004 through May 31, 2008; and</text> </paragraph> <paragraph num="(d)"> <text>The Potomac Edison Company doing business as (d/b/a) Allegheny Power from January 1, 2005 through December 31, 2008.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>A utility shall offer Type I SOS as ordered by the Commission to all small commercial customer classes.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Type II—Commercial Customer.</text> <paragraph num="(1)"> <text>A utility shall offer Type II SOS to a commercial customer as defined under COMAR 20.52.01.02B(11).</text> </paragraph> <paragraph num="(2)"> <text>A utility shall provide Type II SOS to customers for the following specified time periods:</text> <paragraph num="(a)"> <text>Baltimore Gas and Electric Company from July 1, 2004 through May 31, 2006;</text> </paragraph> <paragraph num="(b)"> <text>Delmarva Power & Light Company from June 1, 2004 through May 31, 2006;</text> </paragraph> <paragraph num="(c)"> <text>Potomac Electric Power Company from July 1, 2004 through May 31, 2006; and</text> </paragraph> <paragraph num="(d)"> <text>The Potomac Edison Company doing business as (d/b/a) Allegheny Power from January 1, 2005 through December 31, 2006.</text> </paragraph> </paragraph> </paragraph> <paragraph num="D."> <text>Extension of SOS. The Commission may extend a utility obligation to provide SOS under Public Utilities Article, §7-510(c)(3), Annotated Code of Maryland.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Large Customer — Electric Supply Service."> <paragraph num="A."> <text>This regulation does not apply to electric supply service provided by a utility before the service periods stated in §B of this regulation.</text> </paragraph> <paragraph num="B."> <text>A utility shall provide Type III large customer service to customers for the following specified time periods:</text> <paragraph num="(1)"> <text>Baltimore Gas and Electric Company from July 1, 2004 through May 31, 2005;</text> </paragraph> <paragraph num="(2)"> <text>Delmarva Power & Light Company from June 1, 2004 through May 31, 2005;</text> </paragraph> <paragraph num="(3)"> <text>Potomac Electric Power Company from July 1, 2004 through May 31, 2005; and</text> </paragraph> <paragraph num="(4)"> <text>The Potomac Edison Company doing business as (d/b/a) Allegheny Power from January 1, 2005 through December 31, 2005.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Hourly Priced Electric Supply Service."> <paragraph num="A."> <text>A utility shall offer hourly priced nonresidential electric supply service to all nonresidential customers ineligible for Type I or Type II SOS, excluding special generation contract customers.</text> </paragraph> <paragraph num="B."> <text>A utility shall provide hourly priced service beginning with the time periods provided for Type III service in Regulation .03 of this chapter.</text> </paragraph> <paragraph num="C."> <text>A utility may not change or alter tariff rules, terms, and conditions for HPS under §B of this regulation for a period of at least 2 years.</text> </paragraph> <paragraph num="D."> <text>The rate for HPS shall include:</text> <paragraph num="(1)"> <text>One of the following:</text> <paragraph num="(a)"> <text>The PJM hourly LMP for energy; or</text> </paragraph> <paragraph num="(b)"> <text>If PJM alters its pricing methods, the nearest equivalent to LMP;</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Charges associated with PJM capacity obligation;</text> </paragraph> <paragraph num="(3)"> <text>FERC-approved:</text> <paragraph num="(a)"> <text>Transmission rates;</text> </paragraph> <paragraph num="(b)"> <text>Ancillary services;</text> </paragraph> <paragraph num="(c)"> <text>Energy losses;</text> </paragraph> <paragraph num="(d)"> <text>Administrative costs;</text> </paragraph> <paragraph num="(e)"> <text>Any other FERC approved or PJM charges and costs directly related to the utilities' hourly priced service;</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>Costs required to meet statutory renewable requirements;</text> </paragraph> <paragraph num="(5)"> <text>Any other price elements directly related to the service as approved by the Commission;</text> </paragraph> <paragraph num="(6)"> <text>Taxes;</text> </paragraph> <paragraph num="(7)"> <text>An applicable administrative charge intended to recover the utility's verifiable and prudently incurred costs; and</text> </paragraph> <paragraph num="(8)"> <text>A Commission-approved reasonable return.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Other Periods of Electric Service."> <text>For periods other than those identified in Regulations .01—.03 of this chapter, the Commission may authorize the provision of SOS, default service, Type II service, Type III service, or electric supply provider of last resort service to the customer classes described in this chapter.</text> </regulation> <annotations> <annotation type="Authority">Public Utilities Article, §§2-113, 2-121, 5-101, and 7-510, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: June 7, 2004 (31:11 Md. R. 857)</annotation> </annotations> </chapter> <chapter num="03" heading="Transfers Of Service"> <regulation prefix="Regulation" num=".01" heading="Customer Changes of Service Providers."> <paragraph num="A."> <text>A customer may move between SOS or HPS and competitive electricity supply service.</text> </paragraph> <paragraph num="B."> <text>A customer may not be charged a fee for switching between SOS or HPS and competitive electricity supply.</text> </paragraph> <paragraph num="C."> <text>Except as provided by an order of the Commission, a utility may not impose a minimum contract term for the provision of electricity supply service under this subtitle.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Notice of Transfer to Standard Offer Service."> <paragraph num="A."> <text>Existing Customers. If an existing utility customer does not select a competitive electricity supplier to provide electricity supply service, the customer shall receive standard offer service under this subtitle until that choice is made in accordance with §C of this regulation.</text> </paragraph> <paragraph num="B."> <text>New Customer. A customer establishing a new service, after the service periods specified in COMAR 20.52.02, shall receive SOS until the customer affirmatively selects a competitive electricity supplier.</text> </paragraph> <paragraph num="C."> <text>Transfer Rules.</text> <paragraph num="(1)"> <text>If a customer or the customer’s competitive supplier requests SOS, 12 or more days before the customer's next regularly scheduled meter read date, the utility shall place the customer on SOS on the customer's next regularly scheduled meter read date.</text> </paragraph> <paragraph num="(2)"> <text>If a customer or the customer’s competitive supplier requests SOS, less than 12 days before the customer’s next regularly scheduled meter read date, the utility shall transfer the customer to SOS on the subsequent scheduled meter read date after the date of the request.</text> </paragraph> <paragraph num="(3)"> <text>If a customer is subject to an involuntary transfer to SOS, the customer shall receive SOS effective on the date on which PJM transfers responsibility for supplying that customer's electricity to the utility.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Notice of Transfer From Standard Offer Service."> <paragraph num="A."> <text>When a customer receiving SOS chooses electricity from a competitive electricity supplier, the competitive electricity supplier shall notify the utility.</text> </paragraph> <paragraph num="B."> <text>The notice required under §A of this regulation shall comply with the requirements of COMAR 20.53 and the utility's approved supplier coordination tariffs.</text> </paragraph> <paragraph num="C."> <text>Transfer Rules.</text> <paragraph num="(1)"> <text>When a competitive electricity supplier provides the transfer notice required under §A of this regulation, 12 or more days before a customer's next regularly scheduled meter read date, the utility shall transfer the customer to the competitive electricity supplier on the next regularly scheduled meter read date after the notice.</text> </paragraph> <paragraph num="(2)"> <text>When a competitive electricity supplier provides the transfer notice, required under §A of this regulation, less than 12 days before a customer's next regularly scheduled meter read date, the utility shall transfer the customer to the competitive electricity supplier on the subsequent scheduled meter read date after the notice.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Hourly Priced or Competitive Service — Selection or Transfer."> <paragraph num="A."> <text>Utility Fixed Price or Variable Price Service Customers.</text> <paragraph num="(1)"> <text>If a customer eligible for does not select or have a competitive electricity supplier, a utility shall provide HPS service to the customer.</text> </paragraph> <paragraph num="(2)"> <text>If a customer eligible for HPS selects a competitive electricity supplier, the competitive electricity supplier shall provide the utility notice of the selection in a manner conforming to the requirements of the applicable utility’s supplier coordination tariff and COMAR 20.53.06.05.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Failure of Competitive Electricity Supplier to Deliver.</text> <paragraph num="(1)"> <text>If a competitive electricity service customer is eligible for HPS and the competitive electricity service supplier fails to deliver power as defined by PJM due to default, bankruptcy, or Commission action, the customer shall receive HPS.</text> </paragraph> <paragraph num="(2)"> <text>A customer eligible for HPS and affected by §B(1) of this regulation may elect at any time to switch to another competitive electricity supplier.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Denial or Termination of SOS."> <paragraph num="A."> <text>A utility or other Commission-authorized entity providing SOS may terminate SOS only if the termination process complies with COMAR 20.31.</text> </paragraph> <paragraph num="B."> <text>A utility or other Commission-authorized entity providing SOS may deny SOS only if the denial complies with COMAR 20.50.04.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Public Utilities Article, §§2-113, 2-121, 5-101, and 7-510, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: June 7, 2004 (31:11 Md. R. 857)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended effective February 4, 2013 (40:2 Md. R. 73)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02 amended effective February 4, 2013 (40:2 Md. R. 73)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03B, C amended effective February 4, 2013 (40:2 Md. R. 73)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04 amended effective February 4, 2013 (40:2 Md. R. 73)</annotation> </annotations> </chapter> <chapter num="04" heading="Electric Supply Service Procurement"> <regulation prefix="Regulation" num=".01" heading="Procurement by Investor-Owned Utilities."> <paragraph num="A."> <text>Except for HPS or under Regulation .02D and E of this chapter, a utility shall procure the electricity needed to provide service under this subtitle during the service periods stated in COMAR 20.52.02 only through a competitive wholesale bidding process approved by the Commission.</text> </paragraph> <paragraph num="B."> <text>Model Request for Proposals and Utility Bid Plan.</text> <paragraph num="(1)"> <text>A utility shall base the competitive bidding process required by this regulation on the model request for proposals and a utility bid plan approved by the Commission.</text> </paragraph> <paragraph num="(2)"> <text>The model request for proposals shall include a provision designed to eliminate a bid proposal for residential standard offer service that contains a price anomaly.</text> </paragraph> <paragraph num="(3)"> <text>The model request for proposals may be altered by a utility bid plan only if it is necessary to conform to utility specific conditions.</text> </paragraph> <paragraph num="(4)"> <text>Utility Bid Plan.</text> <paragraph num="(a)"> <text>A utility bid plan shall include:</text> <paragraph num="(i)"> <text>A bidding schedule;</text> </paragraph> <paragraph num="(ii)"> <text>A description of the power supply blocks on which potential suppliers shall bid;</text> </paragraph> <paragraph num="(iii)"> <text>Bid price formats;</text> </paragraph> <paragraph num="(iv)"> <text>The time period during which the power will need to be supplied for each power supply block;</text> </paragraph> <paragraph num="(v)"> <text>Bid submission instructions and format; and</text> </paragraph> <paragraph num="(vi)"> <text>Bid evaluation criteria.</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>A utility may include in its bid plan reasonable credit requirements, cash collateral, or other assurance of the bidder's ability to perform, as approved by the Commission.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Evaluation and Selection of Qualified Bids."> <paragraph num="A."> <text>A utility shall evaluate a qualified bid in a nondiscriminatory manner based on:</text> <paragraph num="(1)"> <text>The contents of the bid submissions as specified in the model request for proposal; and</text> </paragraph> <paragraph num="(2)"> <text>The utility bid plan.</text> </paragraph> </paragraph> <paragraph num="B."> <text>A utility shall select qualified bidders based on the criteria established in the model request for proposals and the utility bid plan.</text> </paragraph> <paragraph num="C."> <text>Commission Review.</text> <paragraph num="(1)"> <text>As provided by Commission order, the Commission shall review all utility-selected bid proposals as a condition of any final contract.</text> </paragraph> <paragraph num="(2)"> <text>If the Commission uses a consultant for this purpose, the consultant is subject to strict confidentiality requirements established by the Commission in consultation with the utility.</text> </paragraph> </paragraph> <paragraph num="D."> <text>If a utility's competitive bid process under this regulation does not provide sufficient electric supply to meet the utility's full load requirements, the Commission by order may provide a process to ensure that a utility obtains all the electricity supply needed to serve the unmet electric load requirements.</text> </paragraph> <paragraph num="E."> <text>The processes established under §D of this regulation may include:</text> <paragraph num="(1)"> <text>A requirement that the utility file with the Commission a proposed alternate means of supplying the otherwise unserved load within 20 days of the utility determining that the load is unserved; or</text> </paragraph> <paragraph num="(2)"> <text>A requirement that the utility purchase the necessary electricity and other required services through the PJM market until the Commission approves another means for procuring supply to serve all of its electric load requirements.</text> </paragraph> </paragraph> <paragraph num="F."> <text>The result of the competitive bidding process under this regulation is confidential and subject to the confidentiality requirement established by the Commission in consultation with the utility.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Electric Supply Contract."> <paragraph num="A."> <text>The utility and selected bidders shall enter into a full requirements service contract for each power supply block contained in the utility bid plan.</text> </paragraph> <paragraph num="B."> <text>The Commission shall approve the terms and conditions of the full service contract required under §A of this regulation.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Public Utilities Article, §§2-113, 2-121, 5-101, and 7-510, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: June 7, 2004 (31:11 Md. R. 857)</annotation> </annotations> </chapter> <chapter num="05" heading="Price"> <regulation prefix="Regulation" num=".01" heading="Public Notice of Price."> <text>Upon completion of the electric supply procurement process under COMAR 20.52.04, a utility shall:</text> <paragraph num="A."> <text>Explain the methodology used to calculate the price for electric service under this subtitle;</text> </paragraph> <paragraph num="B."> <text>Calculate the price for each type of electric service offered to a customer under this subtitle;</text> </paragraph> <paragraph num="C."> <text>File tariffs with the Commission containing the methods of calculating the price for each service authorized by this subtitle at least 30 days, and if possible 2 months, before the effective date of the tariffs;</text> </paragraph> <paragraph num="D."> <text>Provide affected customers at least 30 days notice, and if possible 2 months notice, of new prices for electric service under this subtitle; and</text> </paragraph> <paragraph num="E."> <text>Post on the utility's internet website, the actual price payable each month for each service offered under this subtitle.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Calculation of Prices."> <paragraph num="A."> <text>For service periods stated in COMAR 20.52.02, retail prices for each service other than HPS under this subtitle shall consist of the sum of the following components:</text> <paragraph num="(1)"> <text>The seasonally differentiated and, if applicable, the time-of-use differentiated load weighted average of all awarded electric supply prices for specific services in each year;</text> </paragraph> <paragraph num="(2)"> <text>Retail charges designed to recover, on an aggregate basis, FERC-approved transmission charges and any other PJM charges and costs incurred by the utility;</text> </paragraph> <paragraph num="(3)"> <text>An administrative charge, including other costs and return or profit; and</text> </paragraph> <paragraph num="(4)"> <text>Applicable taxes.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The Commission may approve adjustments or reconciliation of a price component under §A of this regulation.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Public Utilities Article, §§2-113, 2-121, 5-101, and 7-510, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: June 7, 2004 (31:11 Md. R. 857)</annotation> </annotations> </chapter> </subtitle> <subtitle num="53" heading="Competitive Electricity Supply"> <chapter num="01" heading="General"> <regulation prefix="Regulation" num=".01" heading="Scope."> <text>This subtitle is applicable to electric utilities and suppliers only in service territories where customers have customer choice.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this subtitle, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>Agent.</text> <paragraph num="(a)"> <text>“Agent” means a person who conducts marketing or sales activities, or both, on behalf of a licensed supplier or broker.</text> </paragraph> <paragraph num="(b)"> <text>“Agent” includes:</text> <paragraph num="(i)"> <text>An employee;</text> </paragraph> <paragraph num="(ii)"> <text>A representative;</text> </paragraph> <paragraph num="(iii)"> <text>An independent contractor;</text> </paragraph> <paragraph num="(iv)"> <text>A vendor;</text> </paragraph> <paragraph num="(v)"> <text>Subcontractors;</text> </paragraph> <paragraph num="(vi)"> <text>Employees;</text> </paragraph> <paragraph num="(vii)"> <text>Vendors; and</text> </paragraph> <paragraph num="(viii)"> <text>Representatives not directly contracted by the supplier who conduct marketing or sales activities on behalf of the supplier.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(2)"> <text>“CAD” means the Consumer Affairs Division within the Commission pursuant to COMAR 20.32.01.02B(2).</text> </paragraph> <paragraph num="(3)"> <text>“Commission” means the Public Service Commission of Maryland.</text> </paragraph> <paragraph num="(4)"> <text>“Consent” means an agreement with an action communicated by the following:</text> <paragraph num="(a)"> <text>A written document with customer signature;</text> </paragraph> <paragraph num="(b)"> <text>An electronic document with electronic signature; or</text> </paragraph> <paragraph num="(c)"> <text>A voice recording only if the agreement is exempt under the Maryland Telephone Solicitations Act.</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>“Consumer” or “customer” means the regulated utility retail electric customer account holder.</text> </paragraph> <paragraph num="(6)"> <text>“Contract for energy assistance households” means a residential retail energy supply contract that meets the legal requirements of Public Utilities Article, §4-308, Annotated Code of Maryland, and any other applicable requirements in the Public Utilities Article in connection with a supplier’s supply service for customers who are part of an energy assistance household.</text> </paragraph> <paragraph num="(7)"> <text>“Contract Summary” means a summary of the material terms and conditions of a retail energy supply contract, on a form provided by the Commission.</text> </paragraph> <paragraph num="(8)"> <text>“Customer choice” has the meaning stated in Public Utilities Article, §7-501, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(9)"> <text>“Drop” means the removal of a customer from a supplier's service.</text> </paragraph> <paragraph num="(10)"> <text>“Electric company” has the meaning stated in Public Utilities Article, §1-101, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(11)"> <text>“Electricity supplier” or “supplier” means a person licensed under COMAR 20.51.</text> </paragraph> <paragraph num="(12)"> <text>“Electronic transaction” means a standardized data protocol or electronic transmission medium that has been accepted by the Commission for use in Maryland.</text> </paragraph> <paragraph num="(13)"> <text>“Energy assistance household” means that the Office of Home Energy Programs found that the service address or household associated with the utility account qualified for an electric assistance program during the current or previous fiscal year. For a utility that provides both gas and electric service, an energy assistance household means that the Office of Home Energy Programs found that the service address or household associated with the utility account qualified for an electric or gas assistance program during the current or previous fiscal year.</text> </paragraph> <paragraph num="(14)"> <text>“Energy assistance program” means the following programs administered by the Maryland Office of Home Energy Programs by which a customer receives financial assistance paying their electricity utility bills, which includes but is not necessarily limited to:</text> <paragraph num="(a)"> <text>The Maryland Energy Assistance Program;</text> </paragraph> <paragraph num="(b)"> <text>The Electric Universal Service Program; and</text> </paragraph> <paragraph num="(c)"> <text>The Arrearage Retirement Assistance Program.</text> </paragraph> </paragraph> <paragraph num="(15)"> <text>“Enrollment” means the addition of a customer to a supplier's service.</text> </paragraph> <paragraph num="(16)"> <text>“Evergreen contract” means an existing contract that automatically renews without any action by the customer.</text> </paragraph> <paragraph num="(17)"> <text>“Fiscal year” means the 12-month period that begins on July 1 of a calendar year and ends June 30 of the next calendar year.</text> </paragraph> <paragraph num="(18)"> <text>“Overcharge” means the difference between the price the customer would have paid the customer's authorized supplier and what the customer paid to the unauthorized supplier.</text> </paragraph> <paragraph num="(19)"> <text>“Public event” means an event open to the public, which may facilitate retail electricity sales and marketing activities or may result in an electricity customer enrollment transaction.</text> </paragraph> <paragraph num="(20)"> <text>“Scheduling coordinator” means an entity or entities:</text> <paragraph num="(a)"> <text>Recognized by the regional transmission organization designated for Maryland by the Federal Energy Regulatory Commission;</text> </paragraph> <paragraph num="(b)"> <text>Qualified to act on behalf of the supplier in taking those actions with the regional transmission organization as are necessary to fulfill the supplier's coordination service obligations as defined in the utility tariff, including the submission of energy schedules to the regional transmission organization; and</text> </paragraph> <paragraph num="(c)"> <text>That is:</text> <paragraph num="(i)"> <text>A member of the regional transmission organization; or</text> </paragraph> <paragraph num="(ii)"> <text>The agent for scheduling purposes of one or more suppliers that are members of the regional transmission organization.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(21)"> <text>“Standard offer service (SOS)” has the meaning stated in Public Utilities Article, §7-501, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(22)"> <text>“Standard offer service rate” is the utility rate as approved in the utility’s applicable SOS tariff that would be charged to an SOS customer, excluding any charges, adjustments, riders, or taxes related to distribution rate. The utility shall post and maintain this rate in an easily accessible location on its website.</text> </paragraph> <paragraph num="(23)"> <text>“Supplier-consolidated billing (SCB)” means a form of competitive billing services in which a gas or an electricity supplier is authorized by the Commission to render a bill to a retail gas or electric customer that includes both the supplier charges and the gas or electric company’s regulated charges.</text> </paragraph> <paragraph num="(24)"> <text>“Supply price comparison information” means the rate and language that the Commission may require to be printed on a customer’s bill to permit the customer to make meaningful comparisons between competitive supplier prices and the price for standard offer service or sales service provided by the customer’s utility.</text> </paragraph> <paragraph num="(25)"> <text>“Third party verification (TPV)” means consent from the customer agreeing to each of the below-listed material contract terms that is recorded by an independent person not party to the agreement or that may be performed by an automated, computerized system. To be valid, the TPV must occur without the presence of the sales agent, and at the outset must describe how the customer can cancel the TPV at any time prior to completion. The consent from the customer must include an acknowledgement:</text> <paragraph num="(a)"> <text>That he or she is voluntarily choosing to enroll with a supplier;</text> </paragraph> <paragraph num="(b)"> <text>Of the type of product offered (variable, fixed, a combination of both);</text> </paragraph> <paragraph num="(c)"> <text>Of the price and duration of the contract;</text> </paragraph> <paragraph num="(d)"> <text>Of the amount of an early termination fee (if applicable);</text> </paragraph> <paragraph num="(e)"> <text>That the customer is authorized to make the switch;</text> </paragraph> <paragraph num="(f)"> <text>Of the contract renewal procedures;</text> </paragraph> <paragraph num="(g)"> <text>That the customer may access future pricing information;</text> </paragraph> <paragraph num="(h)"> <text>That the customer has received the supplier’s customer support contact information; and</text> </paragraph> <paragraph num="(i)"> <text>If the customer is entering into a supplier-consolidated billing contract:</text> <paragraph num="(i)"> <text>That the customer is voluntarily choosing to be billed by the supplier for both supplier charges and utility charges; and</text> </paragraph> <paragraph num="(ii)"> <text>That the customer understands that the customer’s previous bill provider may bill the customer for prior unpaid charges.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(26)"> <text>“Utility” means an electric company as defined in Public Utilities Article, §1-101, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(27)"> <text>“Utility consolidated billing” means a customer bill produced by a utility that contains both supplier and utility charges.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Uniform Electronic Transactions."> <text>All suppliers and utilities shall use the uniform electronic transaction processes approved by the Commission.</text> </regulation> <regulation prefix="Regulation" num=".04" heading="Utility Compliance Plan."> <text>Utilities shall file a plan and relevant tariffs for compliance with this subtitle within 45 days after this regulation becomes effective.</text> </regulation> <regulation prefix="Regulation" num=".05" heading="Waiver."> <text>The Commission may waive a regulation in this subtitle for good cause shown.</text> </regulation> <annotations> <annotation type="Authority">Public Utilities Article, §§2-113, 2-121, 4-308, 5-101, 7-505, 7-507, 7-511, and 7-603, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: July 1, 2005 (31:26 Md. R. 1865)</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.08 repealed and new Regulations .01—.05 adopted effective June 20, 2008 (35:11 Md. R. 1043)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended effective March 14, 2016 (43:5 Md. R. 386); March 7, 2022 (49:5 Md. R. 367); July 10, 2023 (50:13 Md R. 513)</annotation> </annotations> </chapter> <chapter num="02" heading="Reserved"> <annotations> <annotation type="History" subtype="Administrative History">Effective date: July 1, 2005 (31:26 Md. R. 1865)</annotation> <annotation type="History" subtype="Administrative History">Chapter, Advertising and Solicitations repealed effective June 20, 2008 (35:11 Md. R. 1043)</annotation> </annotations> </chapter> <chapter num="03" heading="Pre-Enrollment Information"> <regulation prefix="Regulation" num=".01" heading="Supplier Customer Consent — Pre-Enrollment."> <paragraph num="A."> <text>Pre-Enrollment Customer Information. Before requesting precontracting customer information described in Regulation .02 of this chapter from a utility, a supplier shall:</text> <paragraph num="(1)"> <text>Notify the customer of its intention to request customer information from a utility; and</text> </paragraph> <paragraph num="(2)"> <text>Obtain the customer's consent for release of the customer's information from the utility.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Notice. The supplier notice required under §A(1) of this regulation shall specify the customer information listed in Regulation .02 of this chapter to be requested from a utility.</text> </paragraph> <paragraph num="C."> <text>Customer Consent Record.</text> <paragraph num="(1)"> <text>A customer's consent under §A(2) of this regulation is valid for a time mutually agreed to by the customer and the supplier.</text> </paragraph> <paragraph num="(2)"> <text>Consent Records.</text> <paragraph num="(a)"> <text>A supplier shall maintain a record of a customer's consent under §A(2) of this regulation for a period of not less than 180 days from the expiration of the customer's consent.</text> </paragraph> <paragraph num="(b)"> <text>A supplier's customer consent records are subject to audit by the Commission.</text> </paragraph> </paragraph> </paragraph> <paragraph num="D."> <text>A customer's consent under this regulation is not a contract or enrollment for supplier services.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Pre-Enrollment Information."> <paragraph num="A."> <text>On request of a supplier, a utility shall provide the following applicable customer information:</text> <paragraph num="(1)"> <text>Account name;</text> </paragraph> <paragraph num="(2)"> <text>Billing address;</text> </paragraph> <paragraph num="(3)"> <text>Service address;</text> </paragraph> <paragraph num="(4)"> <text>Utility account number and any other number designated by the utility as necessary to process an enrollment;</text> </paragraph> <paragraph num="(5)"> <text>Bill cycle;</text> </paragraph> <paragraph num="(6)"> <text>Voltage level;</text> </paragraph> <paragraph num="(7)"> <text>Utility rate class or code;</text> </paragraph> <paragraph num="(8)"> <text>Energy assistance household status;</text> </paragraph> <paragraph num="(9)"> <text>Load profile;</text> </paragraph> <paragraph num="(10)"> <text>Meter number;</text> </paragraph> <paragraph num="(11)"> <text>Meter type;</text> </paragraph> <paragraph num="(12)"> <text>Multiple meter indicator;</text> </paragraph> <paragraph num="(13)"> <text>Peak load contribution;</text> </paragraph> <paragraph num="(14)"> <text>Metered demand;</text> </paragraph> <paragraph num="(15)"> <text>Billed demand;</text> </paragraph> <paragraph num="(16)"> <text>Monthly historical demand for the previous 12 months;</text> </paragraph> <paragraph num="(17)"> <text>Monthly historical consumption for the previous 12 months;</text> </paragraph> <paragraph num="(18)"> <text>Monthly time-of-use data for the previous 12 months; and</text> </paragraph> <paragraph num="(19)"> <text>Interval meter data for the previous 12 months.</text> </paragraph> </paragraph> <paragraph num="B."> <text>A utility shall provide the information in §A of this regulation to a supplier through an electronic transaction approved by the Commission.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">§§2-113, 2-121, 40308, 5-101, 7-505, 7-507, 7-511, and 7-603, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: July 1, 2005 (31:26 Md. R. 1865)</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.03, Supplier Contracts, repealed and new Regulations .01—.02, Pre-enrollment Information adopted effective June 20, 2008 (35:11 Md. R. 1043)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02A amended effective March 14, 2016 (43:5 Md. R. 386); July 10, 2023 (50:13 Md. R. 513)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended effective March 7, 2022 (49:5 Md. R. 367)</annotation> </annotations> </chapter> <chapter num="04" heading="Transfers of Service"> <regulation prefix="Regulation" num=".01" heading="Scope."> <text>This chapter applies to customers switching from competitive supply service to another supplier or SOS.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Supplier Enrollment and Drops."> <paragraph num="A."> <text>A supplier may enroll or drop a customer by sending the appropriate electronic enrollment or drop transaction to the utility.</text> </paragraph> <paragraph num="B."> <text>Effective Dates. A utility shall process an electronic enrollment or drop from a supplier to be effective within 3 business days after receipt of the electronic transaction.</text> </paragraph> <paragraph num="C."> <text>The utility shall drop a customer from its current supplier when another supplier enrolls the customer.</text> </paragraph> <paragraph num="D."> <text>A utility shall assign a customer who has been dropped by a supplier and not enrolled by another supplier to SOS.</text> </paragraph> <paragraph num="E."> <text>A utility may not be required to process more than two enrollments and two drops per customer per bill cycle.</text> </paragraph> <paragraph num="F."> <text>A supplier may not require that a customer provide it with advance notice, written or otherwise, before the customer switches to another supplier or to SOS.</text> </paragraph> <paragraph num="G."> <text>A utility shall reject a customer's enrollment into supplier-consolidated billing if, at the time of switch, the customer:</text> <paragraph num="(1)"> <text>Has a regulated electric utility arrearage older than 30 days;</text> </paragraph> <paragraph num="(2)"> <text>Is on a payment arrangement plan with the utility; or</text> </paragraph> <paragraph num="(3)"> <text>Has applied for or is receiving funds from the Office of Home Energy Programs, including but not limited to, payments authorized as part of the Electric Universal Service Program or Maryland Energy Assistance Program or enrolled into the Utility Service Protection Program.</text> </paragraph> </paragraph> <paragraph num="H."> <text>Beginning July 1, 2023, a utility shall reject a customer’s enrollment with a supplier if, at the time of the enrollment:</text> <paragraph num="(1)"> <text>The customer is an energy assistance household; and</text> </paragraph> <paragraph num="(2)"> <text>The supplier does not have a Commission-approved contract for energy assistance households.</text> </paragraph> </paragraph> <paragraph num="I."> <text>The supplier shall inform the customer within 2 weeks if a customer’s enrollment is rejected for the reasons specified in §G or H of this regulation.</text> </paragraph> <paragraph num="J."> <text>Customer Who Starts to Receive Energy Assistance While on Supplier-Consolidated Billing.</text> <paragraph num="(1)"> <text>The utility shall provide a supplier 3 business days notice if a supplier's customer on supplier-consolidated billing receives a Maryland Energy Assistance Program or Electric Universal Service Program grant.</text> </paragraph> <paragraph num="(2)"> <text>The utility shall drop a customer from supplier-consolidated billing to SOS after sending the supplier notice under this regulation if the supplier continues to provide the customer supplier-consolidated billing service after 3 business days.</text> </paragraph> <paragraph num="(3)"> <text>A supplier may change a customer's billing method adhering to COMAR 20.53.05.08 within 3 business days of receipt of the utility notice provided in §I(1) of this regulation, provided that the supplier issues the notices required by COMAR 20.53.05.08B after the change in billing method.</text> </paragraph> </paragraph> <paragraph num="K."> <text>For Contracts Signed on or After July 1, 2023 with a Customer Who Starts to Receive Energy Assistance While Receiving Service from an Electric Supplier.</text> <paragraph num="(1)"> <text>When a utility determines that a supplier’s existing customer is newly identified as an energy assistance household, the utility shall within 3 business days provide the supplier notice of that determination.</text> </paragraph> <paragraph num="(2)"> <text>Upon receipt of the notice required under §K(1) of this regulation, the retail supplier shall, within 5 business days:</text> <paragraph num="(a)"> <text>Terminate the contract and return the customer to SOS;</text> </paragraph> <paragraph num="(b)"> <text>If provided for under the existing contract, begin providing service under a Commission-approved contract for low-income customers; or</text> </paragraph> <paragraph num="(c)"> <text>Obtain the customer’s consent to receive service under a Commission-approved contract for low-income customers.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>The supplier shall charge the customer the supplier’s current contract rate or SOS rate, whichever is lower, for the time between the supplier’s receipt of the notice in §K(1) of this regulation and the date the customer either is dropped to SOS or begins receiving service under a contract for energy assistance households.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Transaction Error Handling."> <paragraph num="A."> <text>This regulation applies to enrollment or drop transaction errors that are identified not later than 2 business days after the transaction is initiated by a supplier.</text> </paragraph> <paragraph num="B."> <text>A supplier shall notify a utility of a drop error or enrollment error by an electronic cancel transaction not later than 2 business days after the enrollment or drop is initiated by the supplier.</text> </paragraph> <paragraph num="C."> <text>A utility shall process an electronic cancel transaction under §B of this regulation consistent with Commission approved procedures for processing enrollment-related and drop-related transactions.</text> </paragraph> <paragraph num="D."> <text>On receipt of an electronic cancel transaction under this regulation, a utility shall return the customer to the customer's enrollment state before the erroneous transaction.</text> <paragraph num="(1)"> <text>If the erroneous transaction is identified by the incumbent supplier, the incumbent supplier shall, upon verifiable consent of the customer, cancel the pending enrollment by notifying the utility by an electronic cancel transaction within 24 hours of the customer's consent.</text> </paragraph> <paragraph num="(2)"> <text>Initiation of the electronic cancel transaction by the incumbent supplier without the verifiable customer consent required in §E(1) of this regulation is considered an unauthorized enrollment of the customer with the incumbent supplier.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Customer Initiated Drops."> <paragraph num="A."> <text>Customer Cancellation.</text> <paragraph num="(1)"> <text>A customer that wants to cancel a supplier contract shall first attempt to cancel the contract according to the terms of the contract.</text> </paragraph> <paragraph num="(2)"> <text>If a customer attempts to cancel a contract by contacting the utility first, the utility shall direct the customer to contact the supplier through the means detailed in the supplier contract, terms and conditions or may direct the customer to contact the supplier through use of contact information on the Commission’s website.</text> </paragraph> <paragraph num="(3)"> <text>If a customer’s cancellation request has not been received by the utility from the customer’s supplier, and the customer confirms that more than three days have passed since the customer cancelled the contract with the supplier, the utility shall process a cancellation.</text> </paragraph> <paragraph num="(4)"> <text>Customer initiated drops shall be processed in accordance with the provisions of COMAR 20.53.04.02.</text> </paragraph> </paragraph> <paragraph num="B."> <text>A supplier may not include cancellation provisions in its contract for service that would limit or waive this provision.</text> </paragraph> <paragraph num="C."> <text>A customer that initiates a drop with the utility must switch back to SOS as described in Regulation .02 of this chapter.</text> </paragraph> <paragraph num="D."> <text>A customer’s request to cancel service with the current retail supplier under this regulation does not limit cancellation provisions contained in the customer’s service agreement with the supplier.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">§§2-113, 2-121, 4-308, 5-101, 7-505, 7-507, 7-511, and 7-603, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: July 1, 2005 (31:26 Md. R. 1865)</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.03, Consumer Disclosure, repealed and new Regulations .01—.04, Transfers of Service adopted effective June 20, 2008 (35:11 Md. R. 1043)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective March 14, 2016 (43:5 Md. R. 386)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02 amended effective March 7, 2022 (49:5 Md. R. 367); July 10, 2023 (50:13 Md. R. 513)</annotation> </annotations> </chapter> <chapter num="05" heading="Supplier-Utility Coordination, Utility-Consolidated Billing, and Supplier-Consolidated Billing"> <regulation prefix="Regulation" num=".01" heading="Electric Energy Scheduling."> <paragraph num="A."> <text>A utility and a supplier shall follow the energy scheduling procedures of the regional transmission organization designated for Maryland by the Federal Energy Regulatory Commission.</text> </paragraph> <paragraph num="B."> <text>Coordination of Energy Schedules.</text> <paragraph num="(1)"> <text>A supplier may use more than one scheduling coordinator.</text> </paragraph> <paragraph num="(2)"> <text>Unless otherwise provided by mutual agreement between a supplier and a utility, a utility shall accommodate at least ten supplier scheduling coordinators.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Load Assignment."> <paragraph num="A."> <text>A utility shall report a load obligation for a supplier's customers to the regional transmission organization designated for Maryland by the Federal Energy Regulatory Commission as specified in the utility's tariff.</text> </paragraph> <paragraph num="B."> <text>A utility shall provide to the supplier customer usage data that will allow a supplier to bill customers in a timely manner for capacity and energy that is consistent with the load obligation assigned to the supplier by the utility.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Utility Consolidated Billing."> <paragraph num="A."> <text>A supplier may elect to use utility consolidated billing.</text> </paragraph> <paragraph num="B."> <text>A utility and a supplier shall transmit consumption, billing, and related data to each other using electronic transactions for the purpose of utility consolidated billing.</text> </paragraph> <paragraph num="C."> <text>A utility shall remit supplier revenue and billing data to a supplier by electronic transaction.</text> </paragraph> <paragraph num="D."> <text>Suppliers using utility consolidated billing shall have access to customer billing and payment information from the utility for the supplier's presently enrolled customers at no cost beyond the tariffed rate for consolidated billing.</text> </paragraph> <paragraph num="E."> <text>A utility shall provide a supplier using utility consolidated billing with the same electronic access to customer bill information that it provides to the customer.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Budget Billing."> <paragraph num="A."> <text>A utility that uses budget billing to determine a customer's bill shall perform a final budget reconciliation for the commodity portion of the bill on the switch of a customer from SOS to a supplier service.</text> </paragraph> <paragraph num="B."> <text>A utility's portion of a budget bill amount for a customer who is served by a supplier shall be based solely on the utility's regulated charges.</text> </paragraph> <paragraph num="C."> <text>For those customers who otherwise have a budget billing option, a utility shall make budget billing available for supplier charges.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Utility Responsibilities in the Event of Supplier Default."> <paragraph num="A."> <text>A supplier is considered a defaulted supplier if it is unable to deliver electricity because:</text> <paragraph num="(1)"> <text>The Commission revokes or suspends the supplier's retail electricity license; or</text> </paragraph> <paragraph num="(2)"> <text>The supplier is unable to transact sales through the regional transmission organization designated for Maryland by the Federal Energy Regulatory Commission.</text> </paragraph> </paragraph> <paragraph num="B."> <text>A defaulted supplier using utility-consolidated billing remains obligated to provide the utility with information necessary to allow the utility to continue consolidated billing through the conclusion of the billing cycle in which the default occurred.</text> </paragraph> <paragraph num="C."> <text>The defaulted supplier using utility consolidated billing services is prohibited from issuing bills to persons who were customers at the time of the default unless specifically authorized by the Commission. A request to authorize a supplier to bill directly may be made by the supplier or the applicable utility.</text> </paragraph> <paragraph num="D."> <text>In order that supplier charges may be included in utility consolidated billing services, a defaulted supplier and the utility shall abide by the Maryland supplier coordination agreement.</text> </paragraph> <paragraph num="E."> <text>Supplier Ineligible to Provide Supplier-Consolidated Billing.</text> <paragraph num="(1)"> <text>A supplier shall be ineligible to provide supplier-consolidated billing service if:</text> <paragraph num="(a)"> <text>The supplier is in default under §A of this regulation; or</text> </paragraph> <paragraph num="(b)"> <text>The supplier has not paid the utility for purchased receivables 30 days after the date that the payment was due to the utility.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Unless otherwise directed by the Commission, a supplier using supplier-consolidated billing services who is considered to be ineligible to provide supplier-consolidated billing services may issue bills to persons who were customers for charges incurred before the date of ineligibility.</text> </paragraph> <paragraph num="(3)"> <text>Unless authorized by the Commission, a supplier using supplier-consolidated billing and considered to be ineligible to provide supplier-consolidated billing services may not issue consolidated customer bills on or after the date of ineligibility.</text> </paragraph> <paragraph num="(4)"> <text>A supplier may continue to provide a bill solely for supplier charges to customers who were using supplier-consolidated billing after the date of ineligibility if the supplier offers dual billing through that utility; otherwise the customer will be returned to standard offer service.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Utility Purchased Receivables or Prorated Payments."> <paragraph num="A."> <text>A utility providing utility consolidated billing shall either purchase the receivables of a supplier or prorate customer payments between the utility and a supplier.</text> </paragraph> <paragraph num="B."> <text>The utility has the option of choosing whether its consolidated billing agreement includes the purchase of supplier receivables or the proration of customer payments.</text> </paragraph> <paragraph num="C."> <text>If the utility chooses the option of purchasing supplier receivables, supplier receivables shall be purchased with full and timely cost recovery for the utility under terms and conditions approved by the Commission. An early termination fee is not considered a commodity and is not subject to purchase as a receivable by the utility.</text> </paragraph> <paragraph num="D."> <text>If the utility chooses the option of prorating customer payments, a payment shall be allocated between the utility, supplier, and any other party in proportion to the percentage of the combined charges on the customer's total bill under terms and conditions approved by the Commission.</text> </paragraph> <paragraph num="E."> <text>If supplier receivables are not purchased by the utility, a utility shall bill for supplier charges and arrearages for a minimum of 90 days from the date a supplier receives final usage data from the utility.</text> </paragraph> <paragraph num="F."> <text>If supplier receivables are not purchased by the utility and the utility cancels a supplier's charges, the utility shall rebill the canceled supplier charges to the customer for at least 90 days after the bill adjustment.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Supplier-Consolidated Billing."> <paragraph num="A."> <text>A supplier may elect to use supplier-consolidated billing upon receiving licensing that authorizes the provision of supplier-consolidated billing.</text> </paragraph> <paragraph num="B."> <text>When an authorized supplier elects to use supplier-consolidated billing, a utility and a supplier shall transmit consumption, billing, payment, and related data to each other using electronic transactions approved by the Commission.</text> </paragraph> <paragraph num="C."> <text>A utility may not obligate a supplier to purchase a customer’s arrears from the utility or from another supplier.</text> </paragraph> <paragraph num="D."> <text>Utility Access to Supplier Bills for Supplier-Consolidated Billing.</text> <paragraph num="(1)"> <text>A supplier providing supplier-consolidated billing services shall make a customer’s bill available to the utility in an electronic format.</text> </paragraph> <paragraph num="(2)"> <text>A utility provided access to a customer’s supplier-consolidated billing information that includes supplier charges may not:</text> <paragraph num="(a)"> <text>Use the information to market standard offer service;</text> </paragraph> <paragraph num="(b)"> <text>Use the information to research or market other utility service; or</text> </paragraph> <paragraph num="(c)"> <text>Without Commission authorization, share any information the utility gains through access to the supplier bill with the utility’s nonregulated affiliates or any other nongovernmental entity.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Supplier Changing a Customer’s Billing Method."> <paragraph num="A."> <text>A supplier may change a customer’s billing method to or from supplier-consolidated billing in the following circumstances:</text> <paragraph num="(1)"> <text>The customer’s contract permits the supplier to impose on the customer a change in billing method;</text> </paragraph> <paragraph num="(2)"> <text>The customer’s contract does not specify whether the supplier may impose on the customer a change in billing method; or</text> </paragraph> <paragraph num="(3)"> <text>The customer’s contract permits the supplier to impose on the customer a change in billing method during an assignment or transfer of contract as described under COMAR 20.53.07.12E.</text> </paragraph> </paragraph> <paragraph num="B."> <text>A supplier shall provide the customer no less than two written notices regarding a change in billing method:</text> <paragraph num="(1)"> <text>A notice by mail 60 days before the date of the first bill using a new billing method; and</text> </paragraph> <paragraph num="(2)"> <text>A notice by mail or email 30 days before the date of the first bill using a new billing method.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Notices required by §B of this regulation shall be identified as follows:</text> <paragraph num="(1)"> <text>A notice sent by mail shall be sent in an envelope clearly marked with a message stating that it contains important information regarding changes to the customer’s energy bill; and</text> </paragraph> <paragraph num="(2)"> <text>A notice sent by email shall be identified in the subject line as a notice stating it contains important information regarding changes to the customer’s energy bill.</text> </paragraph> </paragraph> <paragraph num="D."> <text>A supplier’s notices to change a customer’s billing method as required by §B of this regulation shall inform the customer, at a minimum, of the following options which a customer may choose to:</text> <paragraph num="(1)"> <text>Change the customer’s current billing method to the one proposed by the supplier;</text> </paragraph> <paragraph num="(2)"> <text>Refuse the change in billing method and remain with the supplier if the supplier will continue the customer’s contract under the current billing method;</text> </paragraph> <paragraph num="(3)"> <text>Elect standard offer service; or</text> </paragraph> <paragraph num="(4)"> <text>Switch to another supplier.</text> </paragraph> </paragraph> <paragraph num="E."> <text>A supplier shall provide all notices given under §B of this regulation with the following provisions:</text> <paragraph num="(1)"> <text>A statement advising the customer of the billing change which informs the customer of the manner in which to exercise the customer’s options required by §D of this regulation;</text> </paragraph> <paragraph num="(2)"> <text>The telephone number and Internet address for the Commission;</text> </paragraph> <paragraph num="(3)"> <text>The Internet address for the Maryland supplier choice website;</text> </paragraph> <paragraph num="(4)"> <text>The date on or after which the supplier will effectuate the change in billing method;</text> </paragraph> <paragraph num="(5)"> <text>A notice that the customer will not be subject to any fees or penalties for declining to accept the change in billing method unless allowed by §J(3) of this regulation;</text> </paragraph> <paragraph num="(6)"> <text>The expiration date of the customer’s contract;</text> </paragraph> <paragraph num="(7)"> <text>A statement that the customer’s previous bill provider may still bill the customer for unpaid charges; and</text> </paragraph> <paragraph num="(8)"> <text>A statement indicating that terms and conditions of the customer’s contract with the supplier remain unchanged.</text> </paragraph> </paragraph> <paragraph num="F."> <text>The supplier shall provide the customer the Customer Rights Pamphlet described in COMAR 20.53.08.08 with the 60-day notice required by §B(1) of this regulation.</text> </paragraph> <paragraph num="G."> <text>If the customer will start to receive bills under supplier-consolidated billing, then, in addition to the notice requirements in §E of this regulation, the notices shall include:</text> <paragraph num="(1)"> <text>An explanation that the customer will receive one bill from the supplier that will include both utility and supplier charges;</text> </paragraph> <paragraph num="(2)"> <text>A statement of each payment method a customer may use to pay the supplier;</text> </paragraph> <paragraph num="(3)"> <text>Any information necessary for the customer to submit payment to the supplier; and</text> </paragraph> <paragraph num="(4)"> <text>A statement that the utility shall be contacted for issues relating to outages and emergencies.</text> </paragraph> </paragraph> <paragraph num="H."> <text>If the customer will start to receive bills from the utility in addition to the notice requirements in §E of this regulation, the notice shall include a statement that the customer will receive bills from the utility.</text> </paragraph> <paragraph num="I."> <text>Customer’s Response to Supplier Notices.</text> <paragraph num="(1)"> <text>The supplier shall effectuate the change in billing method consistent with the provisions of the notices required by §B of this regulation if the customer does not exercise one of the options in §D of this regulation, if permitted by a customer’s contract in §A(1) or (3) of this regulation.</text> </paragraph> <paragraph num="(2)"> <text>Except as provided in §I(3) of this regulation, a supplier may not effectuate the change in billing method for a customer under a contract which is silent as described in §A(2) of this regulation if the customer does not affirmatively exercise one of the options in §D of this regulation.</text> </paragraph> <paragraph num="(3)"> <text>A supplier shall drop the customer if the supplier will not continue the customer’s contract under the current billing method and an alternative agreement is not established between the customer and supplier by the prescribed date in §E(4) of this regulation.</text> </paragraph> </paragraph> <paragraph num="J."> <text>Imposition of Fees or Penalties.</text> <paragraph num="(1)"> <text>A supplier may not impose a fee or penalty on a customer who exercises one of the options in §D of this regulation before a supplier changes a customer billing method.</text> </paragraph> <paragraph num="(2)"> <text>A supplier may not impose any fees or penalties on a customer if a customer’s billing method is changed as allowed in §A(2) of this regulation when a customer exercises one of the options in §D of this regulation.</text> </paragraph> <paragraph num="(3)"> <text>A supplier may not impose any fees or penalties on a customer if a customer’s billing method is changed as allowed in §A(1) or (3) of this regulation if a customer exercises one of the options in §D of this regulation during the first two billing cycles after a customer’s billing method is changed.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".09" heading="Customer on Budget Billing with Utility at Time of Switch."> <paragraph num="A."> <text>If a customer is on budget billing at the time of transfer to supplier-consolidated billing service from utility-consolidated billing or standard offer service, the utility shall provide a customer an alternative payment plan upon request if the budget deficit is greater than $100.</text> </paragraph> <paragraph num="B."> <text>The utility shall inform the customer that the customer may be unable to switch to another supplier providing supplier-consolidated billing until a payment plan as described in §A of this regulation is paid in full.</text> </paragraph> <paragraph num="C."> <text>A customer may choose to pay the budget deficit in full at any time.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".10" heading="Budget Billing for Supplier-Consolidated Billing."> <paragraph num="A."> <text>A supplier that provides supplier-consolidated billing services may offer budget billing for the customer’s regulated electric utility charges and supplier charges.</text> </paragraph> <paragraph num="B."> <text>A supplier that offers budget billing for the customer’s regulated electric utility charges shall purchase the customer’s regulated electric utility charges from the utility according to Regulation .11 of this chapter.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".11" heading="Supplier-Consolidated Billing Purchase of Receivables."> <paragraph num="A."> <text>A supplier providing supplier-consolidated billing shall purchase the regulated receivables of the utility.</text> </paragraph> <paragraph num="B."> <text>Partial Payment Priority.</text> <paragraph num="(1)"> <text>The supplier shall apply a customer’s partial payment of a supplier-consolidated bill in the following order:</text> <paragraph num="(a)"> <text>Utility arrearages and supplier commodity arrearages in proportion to the relative proportion of their sum;</text> </paragraph> <paragraph num="(b)"> <text>Current utility charges and current supplier commodity charges in proportion to the relative proportion of their sum; and</text> </paragraph> <paragraph num="(c)"> <text>Noncommodity charges.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>If a supplier’s commodity charge is bundled with noncommodity charges, and the supplier is unable to separate the commodity and noncommodity prices, the supplier shall consider the bundled charge as a noncommodity charge for the purpose of payment posting.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Partial Payment Priority if a Supplier Provides Both Gas and Electricity on the Same Bill.</text> <paragraph num="(1)"> <text>The supplier shall divide customer payments into two equal amounts and apply one half to gas receivables and the other half to electricity receivables.</text> </paragraph> <paragraph num="(2)"> <text>The supplier shall apply the payments in §C(1) of this regulation following the payment posting system in §B of this regulation.</text> </paragraph> <paragraph num="(3)"> <text>In the event a customer payment satisfies the entirety of a gas or electric arrearage, any remainder of the customer’s payment will be allocated to the other arrearage before applying revenue to current charges in §B of this regulation.</text> </paragraph> <paragraph num="(4)"> <text>A noncommodity charge in §B of this regulation shall be paid after all gas and electricity utility and supplier commodity receivables have been paid.</text> </paragraph> </paragraph> <paragraph num="D."> <text>If a customer disputes a charge:</text> <paragraph num="(1)"> <text>The supplier shall credit the customer’s payment to the undisputed portion of the account; and</text> </paragraph> <paragraph num="(2)"> <text>A utility may not count the number of days a charge is disputed with CAD or the Commission toward the limit on the number of days a supplier has to sell customer arrearages to the utility under Regulation .12D(2) of this chapter.</text> </paragraph> </paragraph> <paragraph num="E."> <text>A charge is considered disputed under §D of this regulation if:</text> <paragraph num="(1)"> <text>A customer has filed a dispute with the Commission;</text> </paragraph> <paragraph num="(2)"> <text>The utility has communicated to the supplier that the utility considers the charge under dispute; or</text> </paragraph> <paragraph num="(3)"> <text>The supplier has communicated to the utility that the supplier considers the charge under dispute.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".12" heading="Nonpayment by Customer Receiving a Supplier-Consolidated Bill."> <paragraph num="A."> <text>If a customer has not paid the supplier’s consolidated bill or otherwise has breached the supply contract:</text> <paragraph num="(1)"> <text>The supplier may return the nonpaying customer to the utility pursuant to COMAR 20.53.06.06 or COMAR 20.53.07.10; and</text> </paragraph> <paragraph num="(2)"> <text>The supplier shall conduct reasonable collection efforts for unpaid amounts if the supplier intends to seek repurchase of the regulated electric utility charges from the utility.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Collection Notices.</text> <paragraph num="(1)"> <text>A supplier that provides two collection notices shall have complied with the reasonable collection efforts required by §A(2) of this regulation.</text> </paragraph> <paragraph num="(2)"> <text>A supplier may include a collection notice with its final bill to the customer.</text> </paragraph> <paragraph num="(3)"> <text>A collection notice shall be sent to the customer 15 days before the supplier submits regulated electric utility charges to the utility for repurchase.</text> </paragraph> <paragraph num="(4)"> <text>If a notice was not sent with the final bill in accordance with §B(2) of this regulation, a collection notice must be sent prior to sending the collection notice required in §B(3) of this regulation.</text> </paragraph> </paragraph> <paragraph num="C."> <text>A supplier shall prominently display the following information in the notices required to be sent in §B of this regulation:</text> <paragraph num="(1)"> <text>The total amount due;</text> </paragraph> <paragraph num="(2)"> <text>A statement that regulated utility charges will be returned to the utility due to nonpayment on a specific date;</text> </paragraph> <paragraph num="(3)"> <text>The date by which the payment was due to the supplier;</text> </paragraph> <paragraph num="(4)"> <text>The date on or after which the supplier will return the regulated utility charges to the utility if payment is not received; and</text> </paragraph> <paragraph num="(5)"> <text>The telephone number at which the supplier representatives who handle payment arrangements, payment plans, and customer complaints may be reached.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Purchase of Arrears and Limitations.</text> <paragraph num="(1)"> <text>After the supplier has conducted reasonable collection efforts as required by §A(3) of this regulation, the utility shall purchase arrearages attributable to the utility submitted by the supplier.</text> </paragraph> <paragraph num="(2)"> <text>A utility shall purchase arrearages attributable to the utility no more than:</text> <paragraph num="(a)"> <text>110 days after the utility sent an invoice with the charges to the supplier for residential customers; and</text> </paragraph> <paragraph num="(b)"> <text>105 days after the utility sent an invoice with the charges to the supplier for nonresidential customers.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>A supplier may sell a utility arrearage to the utility if the customer remains with the supplier after a change in billing method.</text> </paragraph> </paragraph> <paragraph num="E."> <text>A supplier shall provide the following to a utility when submitting unpaid charges to the utility:</text> <paragraph num="(1)"> <text>The amount of unpaid regulated electric utility charges; and</text> </paragraph> <paragraph num="(2)"> <text>The supplier’s electronic submission to the utility of a customer’s unpaid regulated electric utility charges, which shall constitute the supplier’s certification that the customer has not paid the charges pursuant to the payment posting hierarchy in Regulation .11 of this chapter.</text> </paragraph> </paragraph> <paragraph num="F."> <text>Records of Purchased Unpaid Charges.</text> <paragraph num="(1)"> <text>The utility shall maintain records of a utility’s repurchase of unpaid regulated electric utility charges for a minimum of 3 years from the date the supplier receives the utility’s payment, and the utility shall make the records available to the supplier upon request.</text> </paragraph> <paragraph num="(2)"> <text>The supplier shall maintain, for a minimum of 3 years from the date the supplier receives the utility’s payment, records of unpaid regulated electric utility charges sold to the utility.</text> </paragraph> <paragraph num="(3)"> <text>A supplier shall include in the records:</text> <paragraph num="(a)"> <text>The customer’s payment history; and</text> </paragraph> <paragraph num="(b)"> <text>The appropriate application of the customer’s funds pursuant to Regulation .11 of this chapter.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>The supplier shall make the records available to the Commission and the utility upon request.</text> </paragraph> </paragraph> <paragraph num="G."> <text>A supplier shall report to the utility, every 2 weeks, the unpaid regulated electric utility charges.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".13" heading="Reporting Requirements for Supplier-Consolidated Billing."> <paragraph num="A."> <text>A supplier shall record customer complaints according to the following categories:</text> <paragraph num="(1)"> <text>Call center operations;</text> </paragraph> <paragraph num="(2)"> <text>Unauthorized charges;</text> </paragraph> <paragraph num="(3)"> <text>Enrollment;</text> </paragraph> <paragraph num="(4)"> <text>Accuracy of billing services;</text> </paragraph> <paragraph num="(5)"> <text>Contract renewal or cancellation;</text> </paragraph> <paragraph num="(6)"> <text>Deposits; and</text> </paragraph> <paragraph num="(7)"> <text>Change in customer’s billing method.</text> </paragraph> </paragraph> <paragraph num="B."> <text>A supplier providing supplier-consolidated billing shall retain for a minimum of 3 years the following information in a monthly format to provide to the Commission and the Office of People’s Counsel upon request:</text> <paragraph num="(1)"> <text>Number of complaints received by the supplier from customers for the categories identified in §A of this regulation;</text> </paragraph> <paragraph num="(2)"> <text>Disputes escalated to CAD;</text> </paragraph> <paragraph num="(3)"> <text>Number of times a supplier did not charge a customer the correct amount, excluding when a utility invoices the supplier an incorrect billing amount or meter reading;</text> </paragraph> <paragraph num="(4)"> <text>Call center metrics as described in COMAR 20.53.08.09;</text> </paragraph> <paragraph num="(5)"> <text>The number of customers dropped for nonpayment;</text> </paragraph> <paragraph num="(6)"> <text>Total arrears resold to the utility, separated by residential and nonresidential;</text> </paragraph> <paragraph num="(7)"> <text>Average customer arrears repurchased by the utility, separated by residential and nonresidential;</text> </paragraph> <paragraph num="(8)"> <text>Number of customers to whom the supplier provided budget billing; and</text> </paragraph> <paragraph num="(9)"> <text>Number of bill adjustments initiated by the supplier.</text> </paragraph> </paragraph> <paragraph num="C."> <text>A utility shall retain the following information for supplier-consolidated billing disaggregated by the supplier, in a monthly format for a minimum of 3 years, to provide to the Commission upon request:</text> <paragraph num="(1)"> <text>The number of customers receiving supplier-consolidated billing services;</text> </paragraph> <paragraph num="(2)"> <text>The number of customers who were dropped from supplier-consolidated billing by a supplier for nonpayment;</text> </paragraph> <paragraph num="(3)"> <text>The number of customers who are using net energy metering or community solar;</text> </paragraph> <paragraph num="(4)"> <text>Total arrears repurchased by the utility;</text> </paragraph> <paragraph num="(5)"> <text>Average customer arrears repurchased by the utility by residential and nonresidential customers;</text> </paragraph> <paragraph num="(6)"> <text>Volume of retail sales and demand in supplier-consolidated billing;</text> </paragraph> <paragraph num="(7)"> <text>Number of customer enrollments rejected by specific eligibility requirement;</text> </paragraph> <paragraph num="(8)"> <text>Number of customers rejected due to energy assistance;</text> </paragraph> <paragraph num="(9)"> <text>Number of customers dropped from supplier-consolidated billing due to energy assistance;</text> </paragraph> <paragraph num="(10)"> <text>Number of customers who enroll in supplier-consolidated billing that were on budget billing at time of enrollment;</text> </paragraph> <paragraph num="(11)"> <text>Number of times the utility failed to provide charges to the supplier within 3 days; and</text> </paragraph> <paragraph num="(12)"> <text>Number of bill adjustments initiated by the utility for supplier-consolidated billing customers.</text> </paragraph> </paragraph> </regulation> <annotations> <annotation type="Authority">Public Utilities Article, §§2-113, 2-121, 5-101, 7-505, 7-507, 7-511, and 7-603, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: July 1, 2005 (31:26 Md. R. 1865)</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.03, Notice of Contract Expiration or Cancellation, repealed effective June 20, 2008 (35:11 Md. R. 1043)</annotation> <annotation type="History" subtype="Administrative History">Regulations .01, .02, .04, Supplier-Utility Coordination and Utility Consolidated Billing, adopted effective November 17, 2008 (35:23 Md. R. 2017)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 adopted effective April 6, 2009 (36:7 Md. R. 526)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05 adopted effective April 6, 2009 (36:7 Md. R. 526)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05B amended effective March 7, 2022 (49:5 Md. R. 367)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05E adopted effective March 7, 2022 (49:5 Md. R. 367)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06 adopted effective April 6, 2009 (36:7 Md. R. 526)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06C amended effective March 14, 2016 (43:5 Md. R. 386)</annotation> <annotation type="History" subtype="Administrative History">Regulations .07—.13 adopted effective March 7, 2022 (49:5 Md. R. 367)</annotation> </annotations> </chapter> <chapter num="06" heading="Nonresidential Customer Protection"> <regulation prefix="Regulation" num=".01" heading="Scope."> <text>This chapter applies to supplier services to nonresidential customers.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Enrollment."> <paragraph num="A."> <text>A supplier may not enroll a customer without the customer's consent.</text> </paragraph> <paragraph num="B."> <text>A customer's choice of electricity supplier is the electricity supplier with the last enrollment of the customer received by the utility consistent with the requirements of COMAR 20.53.04.02.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Termination."> <paragraph num="A."> <text>Except as provided under §§B and C of this regulation, an electric company may not terminate service for failure of a customer to pay supplier charges.</text> </paragraph> <paragraph num="B."> <text>If a utility purchases the receivables of a supplier under COMAR 20.53.05.03, the purchased supplier receivables become utility charges for the purpose of termination of service.</text> </paragraph> <paragraph num="C."> <text>If a utility purchases arrearages attributable to a utility as described in COMAR 20.53.05.12D from a supplier providing supplier-consolidated billing services, the purchased arrearages become utility charges for the purpose of termination of service under COMAR 20.31.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Contract Requirements."> <paragraph num="A."> <text>Only a person licensed under COMAR 20.51 as a supplier may execute an electricity supply contract with a customer.</text> </paragraph> <paragraph num="B."> <text>A supplier contract shall contain all material terms and conditions.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Notice of Enrollment."> <paragraph num="A."> <text>Form and Presentation.</text> <paragraph num="(1)"> <text>A supplier and the utility shall provide written notice of enrollment to a customer entering into a service agreement with the supplier on the next business day following the supplier's receipt of the utility's enrollment response.</text> </paragraph> <paragraph num="(2)"> <text>If a customer's billing method changes, the notice of enrollment shall contain a statement that the customer's previous billing providers may still bill the customer for unpaid charges.</text> </paragraph> <paragraph num="(3)"> <text>A supplier's presentation of a signed copy of the customer's contract at any time before enrollment constitutes sufficient written notice of enrollment to the customers.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Enrollment Notice Content.</text> <paragraph num="(1)"> <text>An electricity supplier shall provide notice of enrollment of a customer to a utility in a format consistent with the Commission-accepted utility supplier coordination agreement.</text> </paragraph> <paragraph num="(2)"> <text>Notice of enrollment under §B(1) of this regulation shall include the following:</text> <paragraph num="(a)"> <text>Customer account name;</text> </paragraph> <paragraph num="(b)"> <text>Customer service address;</text> </paragraph> <paragraph num="(c)"> <text>Billing name;</text> </paragraph> <paragraph num="(d)"> <text>Billing address;</text> </paragraph> <paragraph num="(e)"> <text>Utility name;</text> </paragraph> <paragraph num="(f)"> <text>Utility account number;</text> </paragraph> <paragraph num="(g)"> <text>Supplier name;</text> </paragraph> <paragraph num="(h)"> <text>Supplier account number;</text> </paragraph> <paragraph num="(i)"> <text>Commodity provided;</text> </paragraph> <paragraph num="(j)"> <text>Effective date of the enrollment; and</text> </paragraph> <paragraph num="(k)"> <text>Whether the customer will receive supplier-consolidated billing service.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Cancellation of Supply Service."> <paragraph num="A."> <text>Except as provided under §D of this regulation or in a tariff regarding supplier default, a utility may remove a customer from supplier services only if directed by a supplier, subject to applicable bankruptcy law.</text> </paragraph> <paragraph num="B."> <text>A supplier shall process a customer's request to cancel supply services not later than the end of the second utility business day after the customer's cancellation request.</text> </paragraph> <paragraph num="C."> <text>A supplier shall notify the customer's utility of a drop by electronic transaction within the time period specified in §B of this regulation.</text> </paragraph> <paragraph num="D."> <text>Customer Cancellation.</text> <paragraph num="(1)"> <text>After the third utility business day following a customer request for a supplier to cancel supply service, the customer may contact the utility to verify that the cancellation request submitted by the supplier has been processed by the utility.</text> </paragraph> <paragraph num="(2)"> <text>If a customer's cancellation request has not been processed by the customer's utility, and the customer requests cancellation of supplier service, the utility shall process a cancellation.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Supplier-Consolidated Billing-Nonpaying Customer.</text> <paragraph num="(1)"> <text>A supplier providing supplier-consolidated billing services shall provide a nonpaying customer a minimum of 3 days notice before cancellation of the customer’s contract.</text> </paragraph> <paragraph num="(2)"> <text>A supplier’s notice to a nonpaying customer under §E(1) of this regulation shall include:</text> <paragraph num="(a)"> <text>The total amount due;</text> </paragraph> <paragraph num="(b)"> <text>The date by which the payment is due to the supplier;</text> </paragraph> <paragraph num="(c)"> <text>The date on or after which the supplier will transmit the drop request to the utility if payment is not received; and</text> </paragraph> <paragraph num="(d)"> <text>The telephone number at which the supplier representatives who handle payment arrangements, payment plans, and customer complaints may be reached.</text> </paragraph> </paragraph> </paragraph> <paragraph num="F."> <text>A customer may designate a third party to receive a notice of drop for nonpayment as required in §E(2) of this regulation on the customer's behalf.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Rescission Period."> <text>A supplier is not required to offer a contract rescission period except where required by law.</text> </regulation> <annotations> <annotation type="Authority">Public Utilities Article, §§2-113, 2-121, 5-101, 7-505, 7-507, 7-511, and 7-603, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: June 20, 2008 (35:11 Md. R. 1043)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended effective March 11, 2019 (46:5 Md. R. 309)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03A amended effective March 7, 2022 (49:5 Md. R. 367)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03C adopted effective March 7, 2022 (49:5 Md. R. 367)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05 amended effective March 7, 2022 (49:5 Md. R. 367)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06 amended effective April 6, 2009 (36:7 Md. R. 527)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06E repealed effective March 11, 2019 (46:5 Md. R. 309)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06E, F adopted effective March 7, 2022 (49:5 Md. R. 367)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07 amended effective March 11, 2019 (46:5 Md. R. 309)</annotation> </annotations> </chapter> <chapter num="07" heading="Residential Customer Protection"> <regulation prefix="Regulation" num=".01" heading="Scope."> <text>This chapter applies to supplier services to residential customers.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Disclosure of Customer Information."> <paragraph num="A."> <text>Except as provided in §B of this regulation, a supplier may not disclose a customer's billing, payment, energy assistance household status, and credit information without the customer's consent.</text> </paragraph> <paragraph num="B."> <text>A supplier may disclose a customer's billing, payment, and credit information for the sole purpose of facilitating billing, bill collection, and credit reporting.</text> </paragraph> <paragraph num="C."> <text>A supplier shall provide a customer with a copy of the supplier's customer information privacy policy.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Creditworthiness."> <paragraph num="A."> <text>A supplier may refuse to provide service based on an individual's creditworthiness.</text> </paragraph> <paragraph num="B."> <text>A supplier shall apply uniform income, security deposit, and credit standards for the purpose of making a decision as to whether to offer a service to customers.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Geographic Marketing."> <paragraph num="A."> <text>A supplier may market services on a geographic basis.</text> </paragraph> <paragraph num="B."> <text>A supplier is not required to offer services throughout a particular utility's entire service territory.</text> </paragraph> <paragraph num="C."> <text>A supplier may not refuse to provide service to a customer based on the economic character of a geographic area or the collective credit reputation of the area.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Unauthorized Enrollment or Service."> <paragraph num="A."> <text>A supplier may not enroll a customer without the customer's consent.</text> </paragraph> <paragraph num="B."> <text>A supplier may not add a new charge for a new service, existing service, or service option without first obtaining consent from the customer, verifiable to the same extent and using the same methods specified for contracting under Regulation .08 of this chapter.</text> </paragraph> <paragraph num="C."> <text>Prohibition on Serving Energy Assistance Households on Unapproved Contracts.</text> <paragraph num="(1)"> <text>For contracts signed on or after July 1, 2023, a supplier may not charge an energy assistance household for supply services unless those charges are for a Commission-approved contract for energy assistance households as set forth in COMAR 20.51.02.10.</text> </paragraph> <paragraph num="(2)"> <text>Prior to submitting an enrollment, a supplier shall make reasonable efforts to ensure that energy assistance households are only enrolled on approved contracts, including, but not limited to:</text> <paragraph num="(a)"> <text>Customer inquiry;</text> </paragraph> <paragraph num="(b)"> <text>Disclosing to the customer that an unapproved offer is not available to energy assistance households;</text> </paragraph> <paragraph num="(c)"> <text>Checking the My OHEP Status Portal; or</text> </paragraph> <paragraph num="(d)"> <text>Acquiring pre-enrollment information as provided in COMAR 20.53.03.02A(8).</text> </paragraph> </paragraph> </paragraph> <paragraph num="D."> <text>Enrollment Disputes.</text> <paragraph num="(1)"> <text>A customer alleging a violation of this regulation may file a dispute with the Commission's Consumer Affairs Division.</text> </paragraph> <paragraph num="(2)"> <text>Upon proof of the allegations, that an enrollment was unauthorized, the Commissions Consumer Affairs Division (CAD) may order the supplier to issue a refund to the customer in an amount, determined by CAD, intended to hold the customer harmless relative to the price the customer would have paid had the unauthorized enrollment not occurred.</text> <paragraph num="(a)"> <text>If the charges have been billed by and the receivable purchased by the utility, the refund determined by CAD shall be remitted to the utility by the supplier. The refund determined by CAD shall be applied to the customers utility account current balance and the excess returned to the customer upon request. If the customer is no longer served by the utility, then the refund shall be returned to the customer.</text> </paragraph> <paragraph num="(b)"> <text>Upon purchase of any receivable under this section, the utility shall be entitled to collect from the customer, and the customer shall be responsible to pay the utility the total amount billed less any refund determined by CAD.</text> </paragraph> <paragraph num="(c)"> <text>CAD-Directed Refund Under Supplier-Consolidated Billing.</text> <paragraph num="(i)"> <text>If CAD determines that a refund of regulated electric utility charges is warranted and the supplier has purchased those receivables from the utility, then the utility shall issue a refund to the supplier for the amount purchased.</text> </paragraph> <paragraph num="(ii)"> <text>A refund received by a supplier under §C(2)(c)(i) of this regulation shall be refunded to the customer by the supplier.</text> </paragraph> <paragraph num="(iii)"> <text>If CAD determines that a refund of supply charges is warranted, the supplier shall issue the refund to the customer.</text> </paragraph> </paragraph> </paragraph> </paragraph> <paragraph num="E."> <text>This regulation does not limit the authority of the Commission under Public Utilities Article, §7-507(k), Annotated Code of Maryland.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Termination."> <paragraph num="A."> <text>Except as provided under §§B and C of this regulation, a utility may not terminate service for failure of a customer to pay supplier charges.</text> </paragraph> <paragraph num="B."> <text>If a utility purchases the receivables of a supplier under COMAR 20.53.05.03, the purchased supplier receivables become utility charges for the purpose of termination of service under COMAR 20.31.</text> </paragraph> <paragraph num="C."> <text>If a utility purchases arrearages attributable to a utility as described in COMAR 20.53.05.12D from a supplier providing supplier-consolidated billing services, the purchased arrearages become utility charges for the purpose of termination of service under COMAR 20.31.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Advertising and Solicitations."> <paragraph num="A."> <text>Advertising Permitted.</text> <paragraph num="(1)"> <text>A supplier may advertise its services.</text> </paragraph> <paragraph num="(2)"> <text>A supplier may not engage in a marketing or trade practice that is unfair, false, misleading, or deceptive.</text> </paragraph> <paragraph num="(3)"> <text>A supplier may not make an offer to an energy assistance household unless the offer is for a Commission-approved contract for energy assistance households.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Disclosures.</text> <paragraph num="(1)"> <text>All supplier marketing or solicitation information, including that used by its agents or employees, shall include the supplier’s Maryland license number in a clear and conspicuous manner.</text> </paragraph> <paragraph num="(2)"> <text>If a price is quoted, the following statements are required:</text> <paragraph num="(a)"> <text>The price quoted is only for the specified commodity provided by the supplier; and</text> </paragraph> <paragraph num="(b)"> <text>The price quoted does not include any tax, utility distribution charge, or other utility fee or charge.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>A supplier may not make an offer to an energy assistance household unless the offer is for a Commission-approved contract for energy assistance households.</text> </paragraph> <paragraph num="(4)"> <text>When offering green power for sale to residential customers, a supplier, except for those described in Public Utilities Article §7-707(g), Annotated Code of Maryland, shall, in a conspicuous manner and in at least 12-point font, disclose the following or a similar message approved by the Commission:</text> </paragraph> <paragraph num="(5)"> <text>A supplier that includes the language provided shall have complied with the disclosure requirements of Public Utilities Article, §7-707(f) and (g), Annotated Code of Maryland.</text> </paragraph> <aftertext>The electricity delivered to your home is generated from a variety of sources, both renewable and nonrenewable. Energy from renewable resources, such as wind and solar, cannot be tracked directly into your home. Instead, the energy your home uses will support renewable energy sources through the purchase of renewable energy credits (“RECs”). A REC represents the environmental and social good associated with 1 megawatt hour of renewable electricity generation. RECs may be sold separately from the electricity itself, so the buyer of a REC may be different than the buyer of the electricity. In your contract, X% of the RECs qualify for Maryland’s renewable portfolio standard. By purchasing RECs that qualify for Maryland’s renewable portfolio standard, you are supporting renewable energy development in the region. Increased demand for, and generation of, renewable electricity can help reduce conventional electricity generation from fossil fuels in the region where the renewable electricity generator is located. It may also have other environmental benefits such as reducing regional air pollution.</aftertext> </paragraph> <paragraph num="C."> <text>Internet.</text> <paragraph num="(1)"> <text>Internet Advertising. A supplier shall post on the Internet:</text> <paragraph num="(a)"> <text>Readily understandable information about its services, prices, and emissions; and</text> </paragraph> <paragraph num="(b)"> <text>A description of its supplier-consolidated billing offering, including a sample bill, if the supplier is licensed to provide supplier-consolidated billing services and is offering supplier-consolidated billing services.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Commission Website.</text> <paragraph num="(a)"> <text>Suppliers shall submit open offers to the Commission’s website according to instructions provided by the Commission.</text> </paragraph> <paragraph num="(b)"> <text>In the event of a discrepancy between a supplier’s open offer posted on the Commission’s website and the supplier’s corresponding open offer displayed on the supplier’s website, the supplier shall honor the terms that are more favorable to the customer.</text> </paragraph> </paragraph> </paragraph> <paragraph num="D."> <text>Telephone Solicitation.</text> <paragraph num="(1)"> <text>A supplier soliciting customers by telephone shall comply with all applicable State and federal law, including the Maryland Telephone Solicitations Act, Commercial Law Article, §§14-2201—14-2205, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(2)"> <text>A supplier may not conduct a residential customer telephone solicitation before 8 a.m. or after 9 p.m.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Supplier Contracts."> <paragraph num="A."> <text>Minimum Contract Requirements.</text> <paragraph num="(1)"> <text>Only a person licensed under COMAR 20.51 may execute an electricity supply contract with a customer.</text> </paragraph> <paragraph num="(2)"> <text>A supplier contract shall contain all material terms and conditions, including:</text> <paragraph num="(a)"> <text>A list and description of the contract services;</text> </paragraph> <paragraph num="(b)"> <text>A statement of minimum use requirements, if any;</text> </paragraph> <paragraph num="(c)"> <text>A description of any time-of-use restrictions, including the time of day or season;</text> </paragraph> <paragraph num="(d)"> <text>A clear and concise price description of each service, including, but not limited to, any condition of variability or limits on price variability;</text> <paragraph num="(i)"> <text>if there is a limit on price variability, such as a specific price cap, a maximum percentage increase in price between billing cycles or minimum/maximum charges per kilowatt-hour for electricity during the term of the contract, the supplier shall clearly explain applicable limits;</text> </paragraph> <paragraph num="(ii)"> <text>if there is not a limit on price variability, the supplier shall clearly and conspicuously state that there is not a limit on how much the price may change from one billing cycle to the next.</text> </paragraph> </paragraph> <paragraph num="(e)"> <text>A notice that the contract does not include utility charges;</text> </paragraph> <paragraph num="(f)"> <text>A billing procedure description explicitly identifying the billing method that will be used by the supplier;</text> </paragraph> <paragraph num="(g)"> <text>A notice that the customer acknowledges that customer billing and payment information may be provided to:</text> <paragraph num="(i)"> <text>The supplier if the customer receives utility-consolidated billing services; or</text> </paragraph> <paragraph num="(ii)"> <text>The utility if the customer receives supplier-consolidated billing services.</text> </paragraph> </paragraph> <paragraph num="(h)"> <text>The frequency of the customer’s bill, if the customer receives supplier-consolidated billing services;</text> </paragraph> <paragraph num="(i)"> <text>The method by which the customer will receive the bill from the supplier if the customer receives supplier-consolidated billing;</text> </paragraph> <paragraph num="(j)"> <text>A statement of contract duration, including the initial time period and any rollover provision;</text> </paragraph> <paragraph num="(k)"> <text>A deposit requirement, if any, including:</text> <paragraph num="(i)"> <text>The amount of the deposit;</text> </paragraph> <paragraph num="(ii)"> <text>A description of when and under what circumstances the deposit will be returned;</text> </paragraph> <paragraph num="(iii)"> <text>A description of how the deposit may be used; and</text> </paragraph> <paragraph num="(iv)"> <text>A description of how the deposit will be protected;</text> </paragraph> </paragraph> <paragraph num="(l)"> <text>A description of any fee or charge and the circumstances under which a customer may incur a fee or charge;</text> </paragraph> <paragraph num="(m)"> <text>A statement that the supplier may terminate the contract early, including the:</text> <paragraph num="(i)"> <text>Circumstances under which early cancellation by the supplier may occur;</text> </paragraph> <paragraph num="(ii)"> <text>Manner in which the supplier shall notify the customer of the early cancellation of the contract;</text> </paragraph> <paragraph num="(iii)"> <text>Duration of the notice period before early supplier cancellation; and</text> </paragraph> <paragraph num="(iv)"> <text>Remedies available to the customer if early cancellation occurs;</text> </paragraph> </paragraph> <paragraph num="(n)"> <text>A statement that the customer may terminate the contract early, including the:</text> <paragraph num="(i)"> <text>Circumstances under which early cancellation by the customer may occur;</text> </paragraph> <paragraph num="(ii)"> <text>Manner in which the customer shall notify the supplier of the early cancellation of the contract;</text> </paragraph> <paragraph num="(iii)"> <text>Duration of the notice period before early cancellation;</text> </paragraph> <paragraph num="(iv)"> <text>Remedies available to the supplier if early cancellation occurs;</text> </paragraph> <paragraph num="(v)"> <text>Amount of any early cancellation fee; and</text> </paragraph> <paragraph num="(vi)"> <text>Statement that the supplier cannot charge a termination fee to energy assistance households;</text> </paragraph> </paragraph> <paragraph num="(o)"> <text>A statement describing contract renewal procedures, if any;</text> </paragraph> <paragraph num="(p)"> <text>A statement describing how the customer may access future pricing information;</text> </paragraph> <paragraph num="(q)"> <text>A dispute procedure;</text> </paragraph> <paragraph num="(r)"> <text>Identification if the contract is for an energy assistance household;</text> </paragraph> <paragraph num="(s)"> <text>A statement that a contract may be cancelled early if a supplier can no longer serve the customer under the existing contract between the supplier and the customer as required by Public Utilities Article, §4-308, Annotated Code of Maryland;</text> </paragraph> <paragraph num="(t)"> <text>A statement, in a prominent manner with specific written confirmation, regarding whether the customer is receiving, or received during the previous fiscal year, energy assistance from an energy assistance program; and</text> </paragraph> <paragraph num="(u)"> <text>The Commission's toll-free number and Internet address.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Beginning July 1, 2023, if a supplier’s offer is a Commission-approved offer for energy assistance households, the supplier contract shall contain a statement that energy assistance households cannot be charged more than the utility’s standard offer service rate.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Contract Summary.</text> <paragraph num="(1)"> <text>At the time of completion of the contracting process, a supplier shall provide the customer a copy of the executed contract and completed Contract Summary on the form provided by the Commission.</text> </paragraph> <paragraph num="(2)"> <text>If the contract is completed through telephone solicitation, the supplier shall send the Contract Summary to the customer along with the contract that must be signed by the customer and returned as required by the Maryland Telephone Solicitations Act. If the contract is exempt from the Maryland Telephone Solicitations Act, the supplier shall send the Contract Summary with the contract to the customer.</text> </paragraph> <paragraph num="(3)"> <text>If the contract is completed through the Internet, the Contract Summary shall be:</text> <paragraph num="(a)"> <text>Available online and made available for download by the customer at the time of contracting; and</text> </paragraph> <paragraph num="(b)"> <text>Shall be transmitted to the customer by the supplier by mail or by email if the customer consents to receipt of email disclosures.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>If the contract is completed in person, the contract and the Contract Summary shall be reviewed with and provided to the customer by the supplier in hard copy or electronically, and the executed contract and Contract Summary provided to the customer at the time of contracting in hard copy or electronically if the customer consents to electronic disclosures.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Methods of Contracting.</text> <paragraph num="(1)"> <text>A supplier may not enroll a customer using a process that does not require affirmative confirmation by the customer.</text> </paragraph> <paragraph num="(2)"> <text>If a supplier solicitation is in writing or a supplier contract is provided in response to documents submitted upon personal contact, a signed contract is required.</text> </paragraph> <paragraph num="(3)"> <text>Internet Contracts.</text> <paragraph num="(a)"> <text>A supplier that contracts with a customer by means of the Internet shall:</text> <paragraph num="(i)"> <text>Confirm the identity of the person making the contract;</text> </paragraph> <paragraph num="(ii)"> <text>Comply with applicable Maryland and federal law; and</text> </paragraph> <paragraph num="(iii)"> <text>Take appropriate steps to safeguard customer privacy.</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>A supplier that sends a contract over the Internet to a valid email address of the contracting customer is considered to have complied with §B(3)(a)(i) of this regulation.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>Telephone Contracts.</text> <paragraph num="(a)"> <text>A supplier may contract with a customer through a telephone solicitation.</text> </paragraph> <paragraph num="(b)"> <text>In the event a supplier is contracting with a customer as a result of a telephone solicitation that is exempt from all applicable State and federal law, including the Maryland Telephone Solicitations Act, Commercial Law Article, §§14-220114-2205, Annotated Code of Maryland, a supplier shall:</text> <paragraph num="(i)"> <text>Comply with this regulation;</text> </paragraph> <paragraph num="(ii)"> <text>Confirm that customer questions relating to the contract are answered;</text> </paragraph> <paragraph num="(iii)"> <text>Confirm that an independent third party verifies the contract or records the entire telephone conversation and maintains the recording for the duration of the contract;</text> </paragraph> <paragraph num="(iv)"> <text>Mail or otherwise transmit to the customer a complete written contract within 3 business days of the contracting conversation; and</text> </paragraph> <paragraph num="(v)"> <text>Disclose all material contract terms and conditions to the customer over the telephone.</text> </paragraph> </paragraph> <paragraph num="(c)"> <text>A supplier that sends a contract over the Internet to a valid email address of the contracting customer is considered to have complied with §B(4)(b)(iv) of this regulation.</text> </paragraph> </paragraph> </paragraph> <paragraph num="D."> <text>Evergreen Contracts.</text> <paragraph num="(1)"> <text>A supplier shall provide a customer with a notice of the pending renewal of an evergreen contract 45 days before the automatic renewal is scheduled to occur.</text> </paragraph> <paragraph num="(2)"> <text>The supplier notice required under §C(1) of this regulation shall:</text> <paragraph num="(a)"> <text>Provide a clearly stated and highlighted notice to a customer of any changes in the material terms and conditions of the agreement;</text> </paragraph> <paragraph num="(b)"> <text>Inform the customer how to terminate the contract without penalty;</text> </paragraph> <paragraph num="(c)"> <text>Inform the customer that terminating the evergreen contract without selecting another supplier will return the customer to utility commodity service; and</text> </paragraph> <paragraph num="(d)"> <text>Inform the customer how to access the customer’s rate for the next billing cycle in accordance with 20.53.07.13.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>A clear and concise price description of each service, including, but not limited to, any condition of variability or limits on price variability.</text> <paragraph num="(a)"> <text>If there is a limit on price variability, such as a specific price cap, a maximum percentage increase in price between billing cycles or minimum/maximum charges per kilowatt-hour for electricity during the term of the contract, the supplier shall clearly explain applicable limits; or</text> </paragraph> <paragraph num="(b)"> <text>If there is not a limit on price variability, the supplier shall clearly and conspicuously state that there is not a limit on how much the price may change from one billing cycle to the next.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>A supplier that provides supplier-consolidated billing services may transmit the notice required in §D(1) of this regulation with the customer’s bill if the notice is also provided in a separate mailing.</text> </paragraph> <paragraph num="(5)"> <text>If the supplier includes with a customer’s bill the notice of pending renewal required in §D(1) of this regulation, the notice shall be prominently displayed.</text> </paragraph> <paragraph num="(6)"> <text>Beginning July 1, 2023, a supplier may not renew an evergreen contract for an energy assistance household unless the renewal is onto a Commission-approved contract for energy assistance households.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".09" heading="Customer Disclosure."> <paragraph num="A."> <text>Price Information.</text> <paragraph num="(1)"> <text>The supplier’s price description for service shall include, but not be limited to, all fixed and variable components.</text> </paragraph> <paragraph num="(2)"> <text>When noncommodity products are provided with the commodity under supplier-consolidated billing, the supplier shall:</text> <paragraph num="(a)"> <text>List the commodity price for energy service separately from other products if the commodity is sold separately from the other products;</text> </paragraph> <paragraph num="(b)"> <text>List the total charges for all products and services as the price of the commodity if the supplier does not permit a customer to purchase the electricity product without purchasing the other products or services;</text> </paragraph> <paragraph num="(c)"> <text>Provide the approximate commodity and noncommodity portions of the price upon the customer’s request; and</text> </paragraph> <paragraph num="(d)"> <text>Disclose, if the commodity product has a one-time up-front cost, the price of a commodity product over a 12-month period with 1/12 of the cost being attributed to a single month for the purposes of comparing to the supply price comparison information in the utility service territory.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>When an electricity supplier compares the supplier's price to the price a customer would pay for utility electric commodity service, the electric commodity services price is the standard offer service price offered in the electric utility territory where the supplier's service is to be provided.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Notice of Enrollment.</text> <paragraph num="(1)"> <text>An electricity supplier shall provide notice of enrollment of a customer to a utility in a format consistent with the Commission-accepted electric utility supplier coordination agreement.</text> </paragraph> <paragraph num="(2)"> <text>Supplier and Utility Notice of Enrollment to Customer.</text> <paragraph num="(a)"> <text>A customer entering into an agreement with a supplier shall receive written notice of enrollment from the supplier and utility.</text> </paragraph> <paragraph num="(b)"> <text>A supplier offering supplier-consolidated billing services shall include the following information in its notice of enrollment to a customer under this subsection:</text> <paragraph num="(i)"> <text>An explanation of each payment method a customer may use to pay the electricity supplier;</text> </paragraph> <paragraph num="(ii)"> <text>The information necessary for the customer to submit payment to the supplier; and</text> </paragraph> <paragraph num="(iii)"> <text>A statement that the customer’s previous billing providers may continue to bill the customer for unpaid charges.</text> </paragraph> </paragraph> <paragraph num="(c)"> <text>In the notice provided to a customer as required under this subsection or, if provided for a customer switching away from supplier-consolidated billing, the utility shall indicate:</text> <paragraph num="(i)"> <text>The entity that will send the bill; and</text> </paragraph> <paragraph num="(ii)"> <text>A statement that the customer’s previous bill providers may still bill the customer for unpaid charges up through the date of enrollment.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(3)"> <text>Notice of enrollment under §B(1) of this regulation shall include the following:</text> <paragraph num="(a)"> <text>Customer name;</text> </paragraph> <paragraph num="(b)"> <text>Customer service address;</text> </paragraph> <paragraph num="(c)"> <text>Billing name;</text> </paragraph> <paragraph num="(d)"> <text>Billing address;</text> </paragraph> <paragraph num="(e)"> <text>Utility name;</text> </paragraph> <paragraph num="(f)"> <text>Utility account number;</text> </paragraph> <paragraph num="(g)"> <text>Supplier name;</text> </paragraph> <paragraph num="(h)"> <text>Supplier account number;</text> </paragraph> <paragraph num="(i)"> <text>Commodity provided;</text> </paragraph> <paragraph num="(j)"> <text>Effective date of the enrollment; and</text> </paragraph> <paragraph num="(k)"> <text>Whether the customer will receive supplier-consolidated billing service.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".10" heading="Notice of Contract Expiration or Cancellation."> <paragraph num="A."> <text>Notice. Except as permitted in §§D and G of this regulation, a supplier shall provide the customer with notice at least 30 days before expiration or cancellation of a supply contract.</text> </paragraph> <paragraph num="B."> <text>Contents of Notice. The supplier's expiration or cancellation notice required under §A of this regulation shall include:</text> <paragraph num="(1)"> <text>Final bill payment instructions;</text> </paragraph> <paragraph num="(2)"> <text>A statement informing the customer that, unless the customer selects a new service provider, cancellation of the contract shall return the customer to the utility; and</text> </paragraph> <paragraph num="(3)"> <text>The toll free telephone number and the web site address of the Commission.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Early Cancellation.</text> <paragraph num="(1)"> <text>Notice of early cancellation by the supplier shall comply with §B of this regulation.</text> </paragraph> <paragraph num="(2)"> <text>Early Cancellation Fee.</text> <paragraph num="(a)"> <text>A supplier may impose a reasonable early cancellation fee if a customer cancels the contract before the expiration date.</text> </paragraph> <paragraph num="(b)"> <text>A supplier may deduct a cancellation fee from a customer deposit.</text> </paragraph> <paragraph num="(c)"> <text>Beginning July 1, 2023, a supplier may not impose a cancellation fee on an energy assistance household.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Except as provided in a tariff regarding supplier default, a utility may remove a customer from supplier services only if directed by a supplier, subject to applicable bankruptcy law.</text> </paragraph> <paragraph num="(4)"> <text>When a supplier contracts with a customer, the newly contracting supplier shall notify the customer that the customer may incur early cancellation penalties under a current supplier contract.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Drop for Nonpayment Under Supplier-Consolidated Billing.</text> <paragraph num="(1)"> <text>A supplier providing supplier-consolidated billing services shall provide a nonpaying customer a minimum notice of 5 days before cancellation of the customer's contract.</text> </paragraph> <paragraph num="(2)"> <text>A supplier's notice to a nonpaying customer shall include the information in §B of this regulation and the following:</text> <paragraph num="(a)"> <text>The total amount due;</text> </paragraph> <paragraph num="(b)"> <text>The date by which the payment is due to the supplier;</text> </paragraph> <paragraph num="(c)"> <text>The date on or after which the supplier will transmit the drop request to the utility if payment is not received; and</text> </paragraph> <paragraph num="(d)"> <text>The telephone number at which the supplier representatives who handle payment arrangements, payment plans, and customer complaints may be reached.</text> </paragraph> </paragraph> </paragraph> <paragraph num="E."> <text>A supplier that provides supplier-consolidated billing services may transmit the notice required in §A or D of this regulation with the customer's bill.</text> </paragraph> <paragraph num="F."> <text>The supplier shall provide a notice required by §E of this regulation in a prominent manner.</text> </paragraph> <paragraph num="G."> <text>Cancellation of Contract for Customers Who Start Receiving Energy Assistance.</text> <paragraph num="(1)"> <text>A supplier which receives notice from a utility that a customer is newly identified as an energy assistance household shall provide notice to the customer within 3 business days.</text> </paragraph> <paragraph num="(2)"> <text>The notice shall:</text> <paragraph num="(a)"> <text>Inform the customer that:</text> <paragraph num="(i)"> <text>The supplier can no longer serve the customer under their existing contract under Public Utilities Article, §4-308, Annotated Code of Maryland;</text> </paragraph> <paragraph num="(ii)"> <text>Unless the customer selects a new service provider with a Commission-approved contract for energy assistance households, cancellation of the contract shall return the customer to the utility’s standard offer service; and</text> </paragraph> <paragraph num="(iii)"> <text>The supplier cannot charge a termination or early cancellation fee; and</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>Provide the toll-free telephone number and the website address of the Commission.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>In addition to the notice required in §G(2) of this regulation, if the supplier chooses to offer the customer a Commission-approved contract for energy assistance households, the supplier shall include all the information necessary to enroll the customer, including:</text> <paragraph num="(a)"> <text>The Commission-approved contract for energy assistance households and the contract summary; and</text> </paragraph> <paragraph num="(b)"> <text>Instructions for the customer to provide consent to receive service under the Commission-approved contract for energy assistance households.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>If the existing contract allows the supplier to provide service under a Commission-approved contract for energy assistance without additional customer consent, the supplier shall include with the notice the Commission-approved contract for energy assistance households and the contract summary.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".11" heading="Rescission Period."> <text>A supplier is not required to offer a contract rescission period except where required by law.</text> </regulation> <regulation prefix="Regulation" num=".12" heading="Assignment of Contract."> <paragraph num="A."> <text>At least 30 days prior to the effective date of any assignment or transfer of a supplier contract from one supplier to another, the suppliers shall jointly provide written notice to the customers of the supplier, the Commission, the utility and the Office of People’s Counsel of the assignment or transfer.</text> <paragraph num="(1)"> <text>Notice to Customer. The suppliers shall jointly send a letter to the customer informing them of the assignment or transfer. The letter shall include:</text> <paragraph num="(a)"> <text>A description of the transaction in clear and concise language including the effective date of the assignment or transfer;</text> </paragraph> <paragraph num="(b)"> <text>Customer service contact information for the assignee; and</text> </paragraph> <paragraph num="(c)"> <text>A statement that the terms and conditions of the customer’s contract at the time of assignment shall remain the same for the remainder of the contract term.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>The suppliers shall file a notice with the Commission, with a copy to the Office of People’s Counsel and the utility, of the assignment or transfer of the customer contracts and include a copy of the letter sent to customers.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Upon request by the Commission, the assignee shall be responsible for providing documents and records related to the assigned contracts. Records shall be maintained for a period of 3 years or until the contracts are expired, whichever is longer.</text> </paragraph> <paragraph num="C."> <text>An assignment or transfer of a supplier contract from one supplier to another is not an enrollment or drop.</text> </paragraph> <paragraph num="D."> <text>Notice of Assignment or Transfer from One Supplier-Consolidated Biller to Another. If the supplier’s notice in §A of this regulation is to a customer receiving supplier-consolidated billing services and the customer will continue to receive supplier-consolidated billing services from the new supplier, the notice shall include the requirements in §A of this regulation and also include:</text> <paragraph num="(1)"> <text>That the customer will receive bills from the new supplier that will include both the utility and supplier charges;</text> </paragraph> <paragraph num="(2)"> <text>Each method a customer may use to submit payment to the new electricity supplier;</text> </paragraph> <paragraph num="(3)"> <text>The information necessary for the customer to submit payment to the new supplier; and</text> </paragraph> <paragraph num="(4)"> <text>A statement that the customer’s previous billing provider may bill the customer for unpaid charges.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Notice of Assignment or Transfer that Changes a Billing Method.</text> <paragraph num="(1)"> <text>The suppliers may not change a customer billing method through assignment of contract unless permitted by the customer’s contract with the assignor or transferor.</text> </paragraph> <paragraph num="(2)"> <text>If the assignment or transfer will result in a change in billing method, the suppliers shall follow all requirements to change a customer’s billing method in COMAR 20.53.05.08 in addition to the requirements in §A of this regulation.</text> </paragraph> </paragraph> <paragraph num="F."> <text>The suppliers may not transfer a customer with a contract for energy assistance households unless the receiving supplier has a Commission-approved contract for energy assistance households.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".13" heading="Notice of Change in Rate."> <paragraph num="A."> <text>When a customer’s rate changes, a supplier shall make available to a customer his or her rate for the next billing period:</text> <paragraph num="(1)"> <text>The rate shall be made available at least 12 days prior to close of the customer’s billing period;</text> </paragraph> <paragraph num="(2)"> <text>The rate shall be made available in a clear, easy to access format prescribed by the supplier;</text> </paragraph> <paragraph num="(3)"> <text>The supplier shall promptly provide the customer written directions on how to access the rate:</text> <paragraph num="(a)"> <text>At the time of contracting;</text> </paragraph> <paragraph num="(b)"> <text>In the Contract Summary;</text> </paragraph> <paragraph num="(c)"> <text>When sending any notice as required in this title;</text> </paragraph> <paragraph num="(d)"> <text>Upon request; or</text> </paragraph> <paragraph num="(e)"> <text>If the supplier changes the directions for accessing the rate.</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>A supplier may provide an estimated rate for the customer’s next billing period, provided the estimated rate is made available at least 12 days prior to the close of the customer’s billing period. If the supplier provides an estimated rate for the customer, the supplier shall not use a rate for billing purposes that is higher than the estimate.</text> </paragraph> <paragraph num="C."> <text>Written Notice Requirement.</text> <paragraph num="(1)"> <text>If a contract with a fixed rate for three or more billing cycles changes to a variable month-to-month price and a change in the contract rate will be equal to or exceed 30 percent of the supplier’s current supply rate, the supplier shall provide written notice of the new rate to the customer at least 12 days prior to the close of the customer’s billing period.</text> </paragraph> <paragraph num="(2)"> <text>The written notice shall be provided by mail, or with the mutual consent of the supplier and customer, by email, text, automated phone message or other manner.</text> </paragraph> <paragraph num="(3)"> <text>The supplier shall maintain records that such notice was provided to the customer.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Neither a supplier nor a customer may limit or waive this provision.</text> </paragraph> <paragraph num="E."> <text>A supplier may charge a rate lower than its stated rate in a contract for energy assistance households to comply with Public Utilities Article, §4-308, Annotated Code of Maryland, without providing notice.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".14" heading="Energy Assistance Households."> <paragraph num="A."> <text>Utility Obligation to Reject Enrollments.</text> <paragraph num="(1)"> <text>Beginning July 1, 2023, a supplier may only enroll energy assistance households onto a Commission-approved contract for energy assistance households.</text> </paragraph> <paragraph num="(2)"> <text>Beginning on July 1, 2023, when a utility receives a supplier enrollment, the utility shall determine the customer’s energy assistance household status and reject the enrollment if the supplier does not have a Commission-approved contract for energy assistance households. When rejecting an enrollment, the utility shall identify the reason for rejecting the enrollment as the customer’s energy assistance household status.</text> </paragraph> <paragraph num="(3)"> <text>The utility shall record the number of rejected enrollments and provide annual reporting to the Commission.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Contracts for Energy Assistance Households.</text> <paragraph num="(1)"> <text>A contract for energy assistance households shall guarantee service at rates at or below the utility’s SOS rate for the term of the contract.</text> </paragraph> <paragraph num="(2)"> <text>The retail supplier’s rate for comparison shall include all commodity charges, including fixed charges divided by the kWh consumed.</text> </paragraph> <paragraph num="(3)"> <text>The retail supplier’s rate may not include a downward adjustment to reflect non-energy products or services that the supplier provides or offers to customers, including, but not limited to, gift cards, free or discounted warranties, and discounts for non-energy products.</text> </paragraph> <paragraph num="(4)"> <text>For billing periods which extend over more than one SOS rate, the rate for comparison shall be:</text> <paragraph num="(a)"> <text>If the customer does not have an AMI meter, the weighted average of the number of days on each SOS rate; or</text> </paragraph> <paragraph num="(b)"> <text>If the customer does have an AMI meter, the SOS rate applied to the usage on each rate.</text> </paragraph> </paragraph> </paragraph> <paragraph num="C."> <text>For contracts signed or renewed on or after July 1, 2023, if a supplier charges a customer in an energy assistance household pursuant to a contract that is not a Commission-approved contract for energy assistance households, the customer is entitled to remedies as defined in §D of this regulation.</text> </paragraph> <paragraph num="D."> <text>Customer Remedies.</text> <paragraph num="(1)"> <text>Refund.</text> <paragraph num="(a)"> <text>Customer remedies for a violation of §§B and C of this regulation shall be a refund for each billing period where the supplier charged more than the standard offer service rate.</text> </paragraph> <paragraph num="(b)"> <text>The refund shall be calculated as the difference between the monies paid during the billing period and the standard offer service rate during that period.</text> </paragraph> <paragraph num="(c)"> <text>The refund shall include interest based on the interest rate that is applied to a utility’s refund of customer deposits under COMAR 30.01.05.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>The refund shall be remitted as follows:</text> <paragraph num="(a)"> <text>If the charges have been billed by and the receivable purchased by the utility, the refund shall be remitted to the utility by the supplier. The refund shall be applied to the customer’s utility account current balance and the excess returned to the customer upon request. If the customer is no longer served by the utility, then the refund shall be returned to the customer.</text> </paragraph> <paragraph num="(b)"> <text>Upon purchase of any receivable under this section, the utility shall be entitled to collect from the customer, and the customer shall be responsible to pay the utility, the total amount billed less any refund.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".15" heading="Green Power Offerings."> <paragraph num="A."> <text>Beginning January 1, 2025, an electricity supplier that supplies electricity to residential retail electric customers may not market electricity as green power unless the electricity supplier obtains approval from the Commission.</text> </paragraph> <paragraph num="B."> <text>To obtain approval from the Commission to market electricity as green power, an electricity supplier shall submit an application on a form provided by the Commission that shall include at least the following information:</text> <paragraph num="(1)"> <text>Identity of the applicant, including the following:</text> <paragraph num="(a)"> <text>The applicant’s full business entity name as licensed by the Commission; and</text> </paragraph> <paragraph num="(b)"> <text>The applicant’s Commission-issued supplier license number;</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Service territories applied for;</text> </paragraph> <paragraph num="(3)"> <text>Description of the price a customer will pay, as it will appear on the customer contract;</text> </paragraph> <paragraph num="(4)"> <text>A description of the electricity being marketed as green power, including the green power source and percentage of electricity that is green power;</text> </paragraph> <paragraph num="(5)"> <text>A description of how the green power complies with State law and regulations;</text> </paragraph> <paragraph num="(6)"> <text>A list of the marketing methods the applicant plans to use (e.g., magazine, newspaper, mail, web advertising, TV, radio, etc.);</text> </paragraph> <paragraph num="(7)"> <text>To the extent available, sample marketing materials for each of the marketing methods the applicant plans to use, and if not available at the time of the application, the supplier shall provide such green marketing materials to the Commission and the Maryland Office of People’s Counsel before commencing selling green power in the state; and</text> </paragraph> <paragraph num="(8)"> <text>Any other information the Commission considers necessary.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Beginning January 1, 2025, an electricity supplier that supplies electricity to residential retail electric customers may not market electricity as green power unless the Commission approves the price of the electricity being marketed as green power:</text> <paragraph num="(1)"> <text>At an annual proceeding, or</text> </paragraph> <paragraph num="(2)"> <text>On request by an electricity supplier, at a specific proceeding for that electricity supplier.</text> </paragraph> </paragraph> <paragraph num="D."> <text>An electricity supplier’s application filed under §B of this regulation that seeks to offer a green power price that exceeds the price approved by the Commission in accordance with §C(1) of this regulation or, if the Commission has not established a price in accordance with §C(1) of this regulation, 100 percent of the trailing 12-month average of the electric company’s standard offer service rate pursuant to Public Utilities Article, §7-510(d)(2)(i), Annotated Code of Maryland, shall include in its application information consistent with the information identified in Public Utilities Article, §7-707(d)(3), Annotated Code of Maryland.</text> </paragraph> <paragraph num="E."> <text>A supplier, after filing an application with the Commission as described in §D of this regulation, shall:</text> <paragraph num="(1)"> <text>Respond to requests made by the Commission’s Technical Staff, Maryland Office of People’s Counsel, and other parties to which the Commission has granted discovery rights;</text> </paragraph> <paragraph num="(2)"> <text>Make reasonable efforts to respond within 10 business days to information requests, including data requests, sent to the supplier regarding the supplier’s application, unless the Commission imposes a different deadline; and</text> </paragraph> <paragraph num="(3)"> <text>Serve objections to discovery requests within 3 business days, unless otherwise directed by the Commission.</text> </paragraph> </paragraph> <paragraph num="F."> <text>A renewable energy credit used to comply with this section shall comply with COMAR 20.61.03.01(A).</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Public Utilities Article, §§2-113, 2-121, 4-308, 5-101, 7-505, 7-507, 7-511, 7-603, and 7-707, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: June 20, 2008 (35:11 Md. R. 1043)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02A amended effective July 10, 2023 (50:13 Md. R. 513)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05 amended effective March 14, 2016 (43:5 Md. R. 386); July 10, 2023 (50:13 Md. R. 513)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05C amended effective March 7, 2022 (49:5 Md. R. 367)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06A amended effective March 7, 2022 (49:5 Md. R. 367)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06C adopted effective March 7, 2022 (49:5 Md. R. 367)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07A, B amended effective July 10, 2023 (50:13 Md. R. 513)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07B, C amended effective March 14, 2016 (43:5 Md. R. 386)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07B amended effective May 26, 2025 (52:10 Md. R. 438); November 10, 2025 (52:22 Md. R. 1096)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07C amended effective March 11, 2019 (46:5 Md. R. 309); March 7, 2022 (49:5 Md. R. 367)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08 amended effective March 14, 2016 (43:5 Md. R. 386)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08A, D amended effective March 7, 2022 (49:5 Md. R. 367); July 10, 2023 (50:13 Md. R. 513)</annotation> <annotation type="History" subtype="Administrative History">Regulation .09 amended effective March 7, 2022 (49:5 Md. R. 367)</annotation> <annotation type="History" subtype="Administrative History">Regulation .09A amended effective March 14, 2016 (43:5 Md. R. 386)</annotation> <annotation type="History" subtype="Administrative History">Regulation .10A amended effective March 14, 2016 (43:5 Md. R. 386); March 7, 2022 (49:5 Md. R. 367)</annotation> <annotation type="History" subtype="Administrative History">Regulation .10 A, C amended effective July 10, 2023 (50:13 Md. R. 513)</annotation> <annotation type="History" subtype="Administrative History">Regulation .10C amended effective April 6, 2009 (36:7 Md. R. 527)</annotation> <annotation type="History" subtype="Administrative History">Regulation .10D—F adopted effective March 7, 2022 (49:5 Md. R. 367)</annotation> <annotation type="History" subtype="Administrative History">Regulation .10G adopted effective July 10, 2023 (50:13 Md. R. 513)</annotation> <annotation type="History" subtype="Administrative History">Regulation .11 amended effective March 14, 2016 (43:5 Md. R. 386)</annotation> <annotation type="History" subtype="Administrative History">Regulation .12 adopted effective March 14, 2016 (43:5 Md. R. 386)</annotation> <annotation type="History" subtype="Administrative History">Regulation .12D, E adopted effective March 7, 2022 (49:5 Md. R. 367)</annotation> <annotation type="History" subtype="Administrative History">Regulation .12F adopted effective July 10, 2023 (50:13 Md. R. 513)</annotation> <annotation type="History" subtype="Administrative History">Regulation .13 adopted effective March 14, 2016 (43:5 Md. R. 386)</annotation> <annotation type="History" subtype="Administrative History">Regulation .13E adopted effective July 10, 2023 (50:13 Md. R. 513)</annotation> <annotation type="History" subtype="Administrative History">Regulation .14 adopted effective July 10, 2023 (50:13 Md. R. 513)</annotation> <annotation type="History" subtype="Administrative History">Regulation .15 adopted effective May 26, 2025 (52:10 Md. R. 438)</annotation> </annotations> </chapter> <chapter num="08" heading="Supplier-Consolidated Billing Customer Protections"> <regulation prefix="Regulation" num=".01" heading="Scope."> <paragraph num="A."> <text>This chapter applies to suppliers providing supplier-consolidated billing services.</text> </paragraph> <paragraph num="B."> <text>The requirements in this chapter are in addition to all other requirements in COMAR relating to the provision of retail supply.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Alternative Payment Plans."> <paragraph num="A."> <text>A supplier is not required to offer alternative payment plans.</text> </paragraph> <paragraph num="B."> <text>The supplier shall promptly notify the customer of the outcome of a request for an alternative payment plan.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Deposits."> <paragraph num="A."> <text>A supplier may charge a customer a deposit for supplier-consolidated billing, subject to the following:</text> <paragraph num="(1)"> <text>A supplier may request a maximum of 4 months of supply charges for a deposit related to commodity service;</text> </paragraph> <paragraph num="(2)"> <text>A supplier is not required to apply its deposit from §A(1) of this regulation or the interest accrued to any utility charges held by the supplier;</text> </paragraph> <paragraph num="(3)"> <text>Any interest earned on deposits held by a supplier shall be returned to the customer if the deposit is not used for collection purposes;</text> </paragraph> <paragraph num="(4)"> <text>Unclaimed deposits, with accrued interest, shall be credited to an appropriate account, or shall otherwise be disposed of in accordance with State law;</text> </paragraph> <paragraph num="(5)"> <text>A supplier shall return a customer’s excess deposit to the customer once the customer has no financial obligation to the supplier; and</text> </paragraph> <paragraph num="(6)"> <text>A supplier shall retain records of deposits for a minimum of 3 years.</text> </paragraph> </paragraph> <paragraph num="B."> <text>If a utility holds a customer’s deposit at the time of enrollment in supplier-consolidated billing, the utility shall:</text> <paragraph num="(1)"> <text>Refund within 60 days the commodity portion of the deposit to the customer after applying the deposit to any outstanding utility charges;</text> </paragraph> <paragraph num="(2)"> <text>Continue to follow all existing deposit requirements under COMAR 20.30.01 and COMAR 20.30.02 for any portion of the deposit retained; and</text> </paragraph> <paragraph num="(3)"> <text>Count payments made by a customer in full and on time to the supplier toward the customer’s good payment record under COMAR 20.30.01.05B and C and COMAR 20.30.02.05B and C.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Deposits for Customers Returning to Utility Billing from Supplier-Consolidated Billing.</text> <paragraph num="(1)"> <text>A utility may require a deposit for supply charges from a customer when a customer switches or is dropped from supplier-consolidated billing in accordance with existing deposit requirements under COMAR 20.30.01 and COMAR 20.30.02.</text> </paragraph> <paragraph num="(2)"> <text>A utility shall consider a customer’s payment record when determining whether to assess a customer’s deposit under COMAR 20.30.01 and COMAR 20.30.02.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Late Payment Charges."> <paragraph num="A."> <text>A supplier shall only charge a late fee if it is specified in the customer’s contract.</text> </paragraph> <paragraph num="B."> <text>A supplier may not charge a late fee in excess of 5 percent.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Customer Bill Record Retention."> <paragraph num="A."> <text>A supplier shall retain customer billing records for the length of time necessary to permit both the supplier and the utility to comply with Regulation .06 of this chapter, but not less than 3 years.</text> </paragraph> <paragraph num="B."> <text>A supplier shall make available to the Commission or utility records necessary to ensure accurate bills and appropriate application of payments to utility and supply charges upon request.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Adjustment of Bill."> <paragraph num="A."> <text>Process When a Utility Issues an Adjustment of Bill as Prescribed in COMAR 20.50.04.05 to a Supplier Providing Supplier-Consolidated Billing.</text> <paragraph num="(1)"> <text>The supplier shall refund or credit the customer if the bill adjustment results in an overcharge.</text> </paragraph> <paragraph num="(2)"> <text>The supplier may attempt to collect the amount due from a customer if the bill adjustment made by the utility results in an undercharge.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Process When a Supplier Determines that It Has Incorrectly Billed a Customer.</text> <paragraph num="(1)"> <text>If a supplier determines that the bill adjustment results in an overcharge, the supplier shall refund or credit the customer.</text> </paragraph> <paragraph num="(2)"> <text>If a supplier determines that the bill adjustment results in an undercharge, the supplier may attempt to collect the amount due.</text> </paragraph> <paragraph num="(3)"> <text>Restrictions Regarding Supplier Billing Undercharges Under §B(2) of this Regulation.</text> <paragraph num="(a)"> <text>A supplier may not issue a bill adjustment for an undercharge if the price used to calculate the bill adjustment was not previously disclosed to the customers by contract or as required in COMAR 20.53.07.13.</text> </paragraph> <paragraph num="(b)"> <text>The supplier may retroactively bill an undercharge that is less than 12 months old without Commission authorization.</text> </paragraph> <paragraph num="(c)"> <text>A supplier may seek the Commission’s authorization for retroactive billing for undercharges which occurred more than 12 months but less than 3 years before the discovery of the error if the customer knew, or reasonably should have known, that the bills were in error.</text> </paragraph> <paragraph num="(d)"> <text>If an undercharge is greater than 12 months, the supplier shall provide a written notice to the customer that explains the factual basis for the undercharge together with a notice of the customer’s right to write to the Commission, within 20 days, if the customer is in opposition to the request.</text> </paragraph> </paragraph> </paragraph> <paragraph num="C."> <text>Supplier billing an undercharge under §A or B of this regulation.</text> <paragraph num="(1)"> <text>If the total undercharge is more than 35 percent of the customer’s average monthly bill during the most recent 3 months of service with the supplier, the customer shall be allowed to enter into an installment plan to pay the total retroactive billing, without interest.</text> </paragraph> <paragraph num="(2)"> <text>In the installment plan under §C(1) of this regulation, the monthly payments against the undercharge may not exceed 35 percent of the customer’s average monthly bill during the most recent 3 months of the customer’s service with the supplier. However, if the installment plan will not recover the total undercharge within a 12-month period, the monthly payment may be equal to the total undercharge divided by a number no less than 12.</text> </paragraph> <paragraph num="(3)"> <text>If requested by a customer, a supplier shall provide a means by which any undercharge may be paid in installments over a reasonable period of time, but not less than the same period over which any undercharges were incurred.</text> </paragraph> <paragraph num="(4)"> <text>If a supplier is required to provide an installment plan due to a utility-identified bill adjustment in §A of this regulation, the unbilled regulated utility charges of an installment plan as required by §C of this regulation may not count toward the limit on the number of days a supplier has to sell customer arrearages to the utility under COMAR 20.53.05.12D(2).</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Investigation of Complaints."> <paragraph num="A."> <text>A supplier shall investigate promptly and thoroughly any complaint concerning its charges or practices.</text> </paragraph> <paragraph num="B."> <text>A supplier may not charge or pursue collections activities against a customer for charges under dispute at the Commission.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Customer Rights Pamphlet."> <paragraph num="A."> <text>A supplier providing supplier-consolidated billing shall prepare a pamphlet for customers that summarizes the rights and responsibilities of a customer receiving supplier-consolidated billing services.</text> </paragraph> <paragraph num="B."> <text>The contents of the customer rights pamphlet required under §A of this regulation shall be provided on a form approved by the Commission.</text> </paragraph> <paragraph num="C."> <text>The pamphlet shall be mailed or, with the customer’s consent, delivered by electronic means to each customer of the supplier:</text> <paragraph num="(1)"> <text>Together with the contract and contract summary;</text> </paragraph> <paragraph num="(2)"> <text>When a customer’s billing method changes to supplier-consolidated billing services from another billing method;</text> </paragraph> <paragraph num="(3)"> <text>Upon the customer’s request; and</text> </paragraph> <paragraph num="(4)"> <text>Each October of each subsequent year the customer is with the supplier.</text> </paragraph> </paragraph> <paragraph num="D."> <text>The delivery of the pamphlet in §C of this regulation does not alter the requirements of delivery for other materials required by regulation or law.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".09" heading="Call Center Requirements — Supplier-Consolidated Billing."> <paragraph num="A."> <text>A supplier shall ensure that a supplier’s call center representatives who interact with customers at a minimum are able to:</text> <paragraph num="(1)"> <text>Assist customers with contacting a utility, including providing the utility’s phone number, to resolve safety matters related to utility service;</text> </paragraph> <paragraph num="(2)"> <text>Assist customers with billing, disputes, and complaints requests, and provide the utility customer service number upon request; and</text> </paragraph> <paragraph num="(3)"> <text>Explain how a customer can file a complaint with the Commission and provide the Commission’s contact information.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Call Center Metrics.</text> <paragraph num="(1)"> <text>On an annual basis, a supplier shall answer within 30 seconds at least 75 percent of all calls offered to the supplier for customer service.</text> </paragraph> <paragraph num="(2)"> <text>A supplier shall achieve an annual average abandoned call percentage rate of 5 percent or less, calculated by dividing the total number of abandoned calls by the total number of calls offered to the supplier for customer service.</text> </paragraph> <paragraph num="(3)"> <text>A supplier shall design its telecommunications systems to accommodate expected volumes of customer calls with minimal or, if possible, no customer busy signals during normal conditions.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Other Customer Communications Information. A supplier shall state the following in its report to the Commission:</text> <paragraph num="(1)"> <text>The percentage of calls that are answered within 30 seconds;</text> </paragraph> <paragraph num="(2)"> <text>The abandoned call percentage rate;</text> </paragraph> <paragraph num="(3)"> <text>First call resolution;</text> </paragraph> <paragraph num="(4)"> <text>The average time to resolve a customer request; and</text> </paragraph> <paragraph num="(5)"> <text>The average speed of answer, which shall be calculated by dividing the total amount of time callers spend in queue after requesting to speak to a customer service representative through the automated voice response system by the total number of calls handled, including calls handled by the automated voice response system.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Customer Communications Standards Period.</text> <paragraph num="(1)"> <text>A supplier shall measure each standard in this regulation using the 12-month period ending December 31.</text> </paragraph> <paragraph num="(2)"> <text>For the calendar year in which the regulations become effective, the standards shall be measured from the date the regulations are effective until and including December 31 of that year for reporting purposes only.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Reporting.</text> <paragraph num="(1)"> <text>A supplier that uses the same call center for both gas and electric service is not required to provide separate data for both gas and electric service.</text> </paragraph> <paragraph num="(2)"> <text>A supplier that uses the same call center for both gas and electric service in multiple jurisdictions is not required to provide separate data for Maryland customers unless the supplier tracks Maryland customers separately.</text> </paragraph> <paragraph num="(3)"> <text>A supplier shall report its year-ending performance under this regulation to the Commission:</text> <paragraph num="(a)"> <text>For the first 3 years after obtaining a license to provide SCB; and</text> </paragraph> <paragraph num="(b)"> <text>Every 3 years after the supplier has held a SCB license for more than 3 years.</text> </paragraph> </paragraph> </paragraph> <paragraph num="F."> <text>Except as otherwise set forth in §C of this regulation, the standards in this regulation shall apply to customer calls offered to or received by a supplier’s call center, call overflow system, and a third-party vendor retained by the supplier.</text> </paragraph> <paragraph num="G."> <text>Corrective Action Plan. If a supplier fails to satisfy the standard in §A, B, or C of this regulation, it shall provide, in its report to the Commission, an explanation of why it did not achieve the standards and provide a corrective action plan if necessary.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Public Utilities Article, §§2-113, 2-121, 5-101, 7-505, 7-507, 7-511, and 7-603, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: March 14, 2016 (43:5 Md. R. 387)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective March 11, 2019 (46:5 Md. R. 310)</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.07 recodified to be under COMAR 20.53.10, Supplier-Agent Relations effective March 7, 2022 (49:5 Md. R. 367)</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.09 adopted under new chapter, Supplier-Consolidated Billing Customer Protections effective March 7, 2022 (49:5 Md. R. 367)</annotation> </annotations> </chapter> <chapter num="09" heading="Issuance, Format, and Content of Bills for Supplier-Consolidated Billing"> <regulation prefix="Regulation" num=".01" heading="Scope."> <text>This chapter applies to suppliers licensed to issue supplier-consolidated bills.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Bill Content."> <paragraph num="A."> <text>Bills shall include accurate and understandable information.</text> </paragraph> <paragraph num="B."> <text>The supplier shall at a minimum include the following information on the bill:</text> <paragraph num="(1)"> <text>The supplier’s name, address, website address, and license number;</text> </paragraph> <paragraph num="(2)"> <text>The supplier’s toll-free telephone number and the hours the customer may make billing inquiries;</text> </paragraph> <paragraph num="(3)"> <text>The Commission’s toll-free telephone number and website address;</text> </paragraph> <paragraph num="(4)"> <text>The customer’s name, billing address, and service address;</text> </paragraph> <paragraph num="(5)"> <text>The customer’s utility account number;</text> </paragraph> <paragraph num="(6)"> <text>The customer’s retail choice identification number, if applicable;</text> </paragraph> <paragraph num="(7)"> <text>The supplier account number, if applicable;</text> </paragraph> <paragraph num="(8)"> <text>The service period for which the bill is rendered;</text> </paragraph> <paragraph num="(9)"> <text>The date on which the bill was issued;</text> </paragraph> <paragraph num="(10)"> <text>The meter number;</text> </paragraph> <paragraph num="(11)"> <text>The next meter reading date;</text> </paragraph> <paragraph num="(12)"> <text>The identification of regulated and nonregulated charges;</text> </paragraph> <paragraph num="(13)"> <text>The identification and itemization of noncommodity charges if sold separately from the commodity;</text> </paragraph> <paragraph num="(14)"> <text>Current electric charges pursuant to the supplier’s contract with the customer, labeled “current charges” and which include:</text> <paragraph num="(a)"> <text>If the supplier provides both gas and electric service to the customer, the supplier’s current electric charges, which shall be separated from gas charges if these charges appear on the same bill;</text> </paragraph> <paragraph num="(b)"> <text>To the extent applicable, an itemization of each charge, including the unit price for supply service, charges other than for electric service, applicable taxes and fees, and any other charges pursuant to the supplier’s contract with the customer;</text> </paragraph> <paragraph num="(c)"> <text>Applicable billing determinants, such as beginning meter read, ending meter read, demand meter read, consumption, demand, meter reading date, and any conversion from meter reading units to billing units; and</text> </paragraph> <paragraph num="(d)"> <text>A distinct marking to identify an estimated bill;</text> </paragraph> </paragraph> <paragraph num="(15)"> <text>Identification of transmission charges or a statement that the transmission charges are included within the supply charges;</text> </paragraph> <paragraph num="(16)"> <text>If the customer is on a budget billing plan with the supplier, the payment due under the plan, which shall be clearly shown in addition to the current charges;</text> </paragraph> <paragraph num="(17)"> <text>An itemization and amount of any nonrecurring charge, including late payment charges, returned check fees, or other fees pursuant to the supplier’s contract with the customer;</text> </paragraph> <paragraph num="(18)"> <text>If there is a late payment charge:</text> <paragraph num="(a)"> <text>An explanation of the calculation; and</text> </paragraph> <paragraph num="(b)"> <text>The date of applicability of the late payment charge;</text> </paragraph> </paragraph> <paragraph num="(19)"> <text>Information received from the utility regarding the customer’s regulated electric utility charges, including:</text> <paragraph num="(a)"> <text>Those prescribed in COMAR 20.50.04.03 with the exception of COMAR 20.50.04.03A(6)—(8);</text> </paragraph> <paragraph num="(b)"> <text>Universal service program charges;</text> </paragraph> <paragraph num="(c)"> <text>Customer charges;</text> </paragraph> <paragraph num="(d)"> <text>Taxes and fees;</text> </paragraph> <paragraph num="(e)"> <text>Information regarding the customer’s net-metered usage, if applicable, including any credits issued by the utility;</text> </paragraph> <paragraph num="(f)"> <text>Information regarding the customer’s participation in a community solar energy generating system project pursuant to COMAR 20.62, if applicable;</text> </paragraph> <paragraph num="(g)"> <text>The utility’s phone numbers necessary for the customer to make other inquiries, as necessary, unrelated to the utility’s bill or outage and safety concerns;</text> </paragraph> <paragraph num="(h)"> <text>The utility’s toll-free telephone number that the customer may call 24 hours a day, 7 days a week, to report power outages and concerns about the safety of the electric power system, which shall be prominently displayed on the first page of the bill;</text> </paragraph> <paragraph num="(i)"> <text>The utility’s correspondence address;</text> </paragraph> <paragraph num="(j)"> <text>The utility’s website; and</text> </paragraph> <paragraph num="(k)"> <text>Other information as the Commission may require;</text> </paragraph> </paragraph> <paragraph num="(20)"> <text>All surcharges and fees required by the Comptroller, Commission, and utilities;</text> </paragraph> <paragraph num="(21)"> <text>The total due, broken down by total utility and supply charges, including any prior unpaid amount but excluding the current late payment charge;</text> </paragraph> <paragraph num="(22)"> <text>The previous amount due to the supplier;</text> </paragraph> <paragraph num="(23)"> <text>The date by which payment from the customer must be received by the supplier to avoid a late payment charge;</text> </paragraph> <paragraph num="(24)"> <text>Information on how, and to whom, the customer may make payments;</text> </paragraph> <paragraph num="(25)"> <text>For a variable price product, information on how the customer may access the customer’s price for the next billing cycle in accordance with COMAR 20.53.07.13;</text> </paragraph> <paragraph num="(26)"> <text>Bill inserts as directed by the Commission;</text> </paragraph> <paragraph num="(27)"> <text>Information regarding:</text> <paragraph num="(a)"> <text>The utility’s supply price comparison information, if applicable; and</text> </paragraph> <paragraph num="(b)"> <text>The contract expiration date; and</text> </paragraph> </paragraph> <paragraph num="(28)"> <text>Any other information required by a governmental entity.</text> </paragraph> </paragraph> <paragraph num="C."> <text>A supplier may not be required to print a utility’s billing addresses as prescribed under COMAR 20.50.04.03A(11).</text> </paragraph> <paragraph num="D."> <text>Online Bills. A supplier issuing supplier-consolidated bills online shall comply with the following requirements:</text> <paragraph num="(1)"> <text>A supplier shall obtain from the customer consent to use online billing;</text> </paragraph> <paragraph num="(2)"> <text>The online billing statement shall include the requirements in §B of this regulation;</text> </paragraph> <paragraph num="(3)"> <text>The supplier shall maintain a secure and encrypted site for accessing the customer’s account;</text> </paragraph> <paragraph num="(4)"> <text>Any fees to accept online payments shall be clearly disclosed in a payment window; and</text> </paragraph> <paragraph num="(5)"> <text>Any payment made online shall be credited to the customer’s account as of the day it is received by the supplier, and the time needed to post the payment shall be clearly stated.</text> </paragraph> </paragraph> </regulation> <annotations> <annotation type="Authority">Public Utilities Article, §§2-113, 2-121, 5-101, 7-505, 7-507, 7-511, and 7-603, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: March 7, 2022 (49:5 Md. R. 367)</annotation> </annotations> </chapter> <chapter num="10" heading="Supplier-Agent Relations"> <regulation prefix="Regulation" num=".01" heading="Scope."> <text>This chapter applies to supplier services to residential customers.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Suppliers Responsible for its Agent."> <paragraph num="A."> <text>A supplier may use an agent to conduct marketing or sales activities.</text> </paragraph> <paragraph num="B."> <text>A supplier is responsible for any fraudulent, deceptive, or other unlawful marketing acts performed by its agent in the conduct of marketing or sales activities on behalf of a supplier.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Agent Qualifications and Standards."> <paragraph num="A."> <text>A supplier shall develop standards and qualifications for individuals it chooses to hire as its agents. A supplier may not permit an individual to be hired if an individual fails to meet its standards. The standards shall ensure to the fullest extent practicable that the agent’s qualifications, and for door-to-door agents the results of the criminal history record check, safeguard potential customers with whom the agent may make contact.</text> </paragraph> <paragraph num="B."> <text>A supplier may not permit its agent to conduct door-to-door activities unless:</text> <paragraph num="(1)"> <text>The door-to-door agent’s identity has been verified by government-issued identification;</text> </paragraph> <paragraph num="(2)"> <text>The supplier has ensured that the agent meets any local licensing, registration, or permitting requirements of the jurisdiction where the agent will be conducting door-to-door activities; and</text> </paragraph> <paragraph num="(3)"> <text>The agent’s criminal history record meets the supplier’s standards and qualifications.</text> </paragraph> </paragraph> <paragraph num="C."> <text>The criminal history record shall be updated no less than every 36 months, and shall be obtained from either:</text> <paragraph num="(1)"> <text>The Maryland Criminal Justice Information System and the Federal Bureau of Investigation, through the Department of Public Safety and Correctional Services, and from all other states in which the person resided within at least the last 12 months; or</text> </paragraph> <paragraph num="(2)"> <text>A criminal history records check conducted by the supplier or a third party that includes, at a minimum, the following:</text> <paragraph num="(a)"> <text>An all-county search through the Maryland Administrative Office of the Courts, and from all other states in which the person resided within at least the last 12 months;</text> </paragraph> <paragraph num="(b)"> <text>A nationwide federal criminal court search, such as the Federal Public Access to Court Electronic Records (PACER) System;</text> </paragraph> <paragraph num="(c)"> <text>A national multi-state, multi-jurisdictional criminal database search with validation conducted by a member of the National Association of Professional Background Screeners; and</text> </paragraph> <paragraph num="(d)"> <text>The U.S. Department of Justice National Sex Offender Public Registry.</text> </paragraph> </paragraph> </paragraph> <paragraph num="D."> <text>When a supplier contracts to perform door-to-door activities, the supplier shall document that the criminal background investigation has been performed on any door-to-door agents in accordance with this section and with the standards set by the supplier. A supplier may satisfy this requirement by obtaining a written statement verifying that the criminal background check was performed in accordance with this section and with standards set by the supplier and presented in writing.</text> </paragraph> <paragraph num="E."> <text>A supplier shall audit at least every 12 months whether the criminal background checks completed by its independent contractor or vendor have been completed in accordance with this section. A supplier shall provide the Commission notice within 30 days if the audit results demonstrate that the criminal background checks were not completed by the independent contractor or vendor in accordance with this section.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Agent Training."> <paragraph num="A."> <text>A supplier shall ensure the training of its agents on the following subjects:</text> <paragraph num="(1)"> <text>Local, State, and federal laws and regulations that govern marketing, telemarketing, consumer protection and door-to-door sales as applicable to the types of marketing and jurisdiction in which the agent shall engage or operate;</text> </paragraph> <paragraph num="(2)"> <text>Responsible and ethical sales practices;</text> </paragraph> <paragraph num="(3)"> <text>The supplier’s products and services;</text> </paragraph> <paragraph num="(4)"> <text>The supplier’s rates, rate structures, billing, and payment options;</text> </paragraph> <paragraph num="(5)"> <text>The customer’s right to rescind and cancel contracts;</text> </paragraph> <paragraph num="(6)"> <text>The applicability of an early termination fee for contract cancellation when the supplier has one;</text> </paragraph> <paragraph num="(7)"> <text>The necessity of adhering to the script and knowledge of the contents of the script if one is used;</text> </paragraph> <paragraph num="(8)"> <text>The proper completion of transaction documents;</text> </paragraph> <paragraph num="(9)"> <text>The supplier’s Contract Summary;</text> </paragraph> <paragraph num="(10)"> <text>Terms and definitions related to energy supply, transmission and distribution service as found online at the Commission’s website;</text> </paragraph> <paragraph num="(11)"> <text>Information about how customers may contact the supplier to obtain information about billing, disputes, and complaints; and</text> </paragraph> <paragraph num="(12)"> <text>The confidentiality and protection of customer information.</text> </paragraph> </paragraph> <paragraph num="B."> <text>If an agent represents a supplier engaged in supplier-consolidated billing, the agent shall be able to explain:</text> <paragraph num="(1)"> <text>That the customer will receive one bill from the supplier going forward with the utility’s and supplier’s charges;</text> </paragraph> <paragraph num="(2)"> <text>That the customer will pay the supplier directly for all charges billed;</text> </paragraph> <paragraph num="(3)"> <text>That the customer must pay previous billers if the customer has charges outstanding; and</text> </paragraph> <paragraph num="(4)"> <text>Information on where the customer can find the utility’s toll-free telephone number to resolve future concerns relating to outages and safety.</text> </paragraph> </paragraph> <paragraph num="C."> <text>A supplier shall document the training of an agent and maintain a record of the training for 3 years from the date the training was completed.</text> </paragraph> <paragraph num="D."> <text>Training Records.</text> <paragraph num="(1)"> <text>A supplier shall make training materials and training records available to the Commission and the Office of People’s Counsel upon request.</text> </paragraph> <paragraph num="(2)"> <text>Training records shall be treated as confidential.</text> </paragraph> </paragraph> <paragraph num="E."> <text>When a supplier contracts with an independent contractor or vendor to perform marketing or sales activities on the supplier’s behalf, the supplier shall confirm that the contractor or vendor has provided supplier-approved training to agents and independent contractors in accordance with this section.</text> </paragraph> <paragraph num="F."> <text>The supplier shall monitor telephonic and door-to-door marketing and sales calls to:</text> <paragraph num="(1)"> <text>Evaluate the supplier’s training program; and</text> </paragraph> <paragraph num="(2)"> <text>Ensure that agents are providing accurate and complete information, complying with applicable rules and regulations, and providing courteous service to customers.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Agent Identification; Misrepresentation."> <paragraph num="A."> <text>A supplier shall issue an identification badge to agents to be worn when conducting door-to-door activities or appearing at public events on behalf of a supplier. The badge shall:</text> <paragraph num="(1)"> <text>Accurately identify the supplier, its trade name and logo;</text> </paragraph> <paragraph num="(2)"> <text>Display the agent’s photograph;</text> </paragraph> <paragraph num="(3)"> <text>Display the agent’s full name;</text> </paragraph> <paragraph num="(4)"> <text>Be prominently displayed; and</text> </paragraph> <paragraph num="(5)"> <text>Display a customer service phone number for the supplier.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Upon first contact with a customer, an agent shall:</text> <paragraph num="(1)"> <text>Identify the supplier that he represents; and</text> </paragraph> <paragraph num="(2)"> <text>State that he is not working for and is independent of the customer’s local distribution company.</text> </paragraph> </paragraph> <paragraph num="C."> <text>When conducting door-to-door activities or appearing at a public event, an agent may not wear apparel or accessories or carry equipment that contains branding elements, including a logo, that suggests a relationship that does not exist with a utility, government agency, or another supplier.</text> </paragraph> <paragraph num="D."> <text>A supplier may not use the name, bills, marketing materials, or consumer education materials of another supplier, regulated utility, or government agency in a way that suggests a relationship that does not exist.</text> </paragraph> <paragraph num="E."> <text>A supplier or supplier agent may not say or suggest to a customer that a utility customer is required to choose a competitive energy supplier.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Door-to-Door Sales."> <text>The following provisions do not preempt the Maryland Door to Door Sales Act.</text> <paragraph num="A."> <text>A supplier and its agents shall comply with state and local government ordinances regarding door-to-door marketing and sales activities.</text> </paragraph> <paragraph num="B."> <text>A supplier’s agent shall:</text> <paragraph num="(1)"> <text>Prominently display an identification badge; and</text> </paragraph> <paragraph num="(2)"> <text>Offer a business card or other material that lists:</text> <paragraph num="(a)"> <text>The supplier’s name and contact information, including telephone number;</text> </paragraph> <paragraph num="(b)"> <text>The supplier’s Commission license number; and</text> </paragraph> <paragraph num="(c)"> <text>The agent’s name and any other identification numbers provided to the sales agent by the supplier or agent.</text> </paragraph> </paragraph> </paragraph> <paragraph num="C."> <text>A supplier shall establish a policy that requires an agent to terminate contact with a customer if the customer is incapable of understanding and responding to the information being conveyed by the agent.</text> </paragraph> <paragraph num="D."> <text>When an agent completes a transaction with a customer, the agent shall provide a copy of each document that the customer signed or initialed relating to the transaction. A copy of these documents shall be provided to the customer before the agent and the customer leave each other’s presence.</text> </paragraph> <paragraph num="E."> <text>An agent shall immediately leave a residence when requested to do so by a customer or the owner or an occupant of the premises, or if the customer does not express an interest in what the agent is attempting to sell.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Notification Regarding Door-to-Door Activity."> <paragraph num="A."> <text>When a supplier engages in door-to-door activity, the supplier shall notify CAD no later than the morning of the day that the activity begins. The notification shall include general, nonproprietary information about the activity, the period involved and a general description of the geographical area.</text> </paragraph> <paragraph num="B."> <text>A supplier shall provide the utility with general, nonproprietary information about the door-to-door activity that caused the supplier to provide notice to the Commission. The supplier shall provide this general information to the utility no later than the morning of the day that the sales and marketing activities begin. The utility shall use this information only for acquainting its customer service representatives with sales and marketing activity occurring in its service territory so that they may address customer inquiries knowledgably. A utility may not use the information for other purposes.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Public Utilities Article, §§2-113, 2-121, 5-101, 7-505, 7-507, 7-511, and 7-603, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date:</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.07 recodified from COMAR 20.53.08, Supplier-Agent Relations effective March 7, 2022 (49:5 Md. R. 367)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04 amended effective March 7, 2022 (49:5 Md. R. 367)</annotation> </annotations> </chapter> </subtitle> <subtitle num="54" heading="Gas Suppliers"> <chapter num="01" heading="General Provisions"> <regulation prefix="Regulation" num=".01" heading="Scope."> <text>Except for a gas company providing standard Commission rate regulated gas sales or delivery service, this subtitle applies to all gas suppliers.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this subtitle, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Affiliate” means a person that directly or indirectly, or through one or more intermediaries, controls, is controlled by, is under common control with, or has any economic interest in another person.</text> </paragraph> <paragraph num="(2)"> <text>Aggregator.</text> <paragraph num="(a)"> <text>“Aggregator” means an entity or an individual that acts on behalf of a customer to purchase gas.</text> </paragraph> <paragraph num="(b)"> <text>“Aggregator” does not include:</text> <paragraph num="(i)"> <text>An entity or individual that purchases gas for its own use or for the use of its subsidiaries or affiliates;</text> </paragraph> <paragraph num="(ii)"> <text>A municipal gas utility serving only in its distribution territory; or</text> </paragraph> <paragraph num="(iii)"> <text>A combination of governmental units that purchases gas for use by the governmental units.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(3)"> <text>“Applicant” means a person applying for a gas supplier license.</text> </paragraph> <paragraph num="(4)"> <text>“Application” means a written request for a gas supplier license.</text> </paragraph> <paragraph num="(5)"> <text>“Broker” means an entity or individual that acts as an agent or intermediary in the sale and purchase of gas but does not take title to the gas.</text> </paragraph> <paragraph num="(6)"> <text>“Commission” means the Public Service Commission of Maryland.</text> </paragraph> <paragraph num="(7)"> <text>“Competitive billing service” means the:</text> <paragraph num="(a)"> <text>Invoicing for gas supply or gas supply services to a retail customer; and</text> </paragraph> <paragraph num="(b)"> <text>Processing of payment for gas supply or gas supply services to a retail customer.</text> </paragraph> </paragraph> <paragraph num="(8)"> <text>“Contract for energy assistance households” means a residential retail energy supply contract that meets the legal requirements of Public Utilities Article, §4-308, Annotated Code of Maryland, and any other applicable requirements in the Public Utilities Article in connection with a supplier’s supply service for customers who are part of an energy assistance household.</text> </paragraph> <paragraph num="(9)"> <text>“Energy assistance household” means that the Office of Home Energy Programs found that the service address or household associated with the utility account qualified for a gas assistance program during the current or previous fiscal year. For a utility that provides both gas and electric service, an energy assistance household means that the Office of Home Energy Programs found that the service address or household associated with the utility account qualified for an electric or gas assistance program during the current or previous fiscal year.</text> </paragraph> <paragraph num="(10)"> <text>“Energy assistance program” means the following programs administered by the Maryland Office of Home Energy Programs by which a customer receives financial assistance paying their gas utility bills, which includes but is not necessarily limited to:</text> <paragraph num="(a)"> <text>The Maryland Energy Assistance Program;</text> </paragraph> <paragraph num="(b)"> <text>The Utility Service Protection Program; and</text> </paragraph> <paragraph num="(c)"> <text>The Arrearage Retirement Assistance Program.</text> </paragraph> </paragraph> <paragraph num="(11)"> <text>“Fiscal year” means the 12-month period that begins on July 1 of a calendar year and ends June 30 of the next calendar year.</text> </paragraph> <paragraph num="(12)"> <text>“Gas commodity price or net purchased gas charge” means the utility rate for a given period as approved in the utility’s applicable sales service tariff that would be charged to a utility gas commodity customer, excluding any charges, adjustments, riders, or taxes related to distribution rates.</text> </paragraph> <paragraph num="(13)"> <text>“Gas company” has the meaning stated in Public Utilities Article, §1-101, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(14)"> <text>Gas Supplier.</text> <paragraph num="(a)"> <text>“Gas supplier” means a licensed person that:</text> <paragraph num="(i)"> <text>Sells gas, gas supply services, or competitive billing services; or</text> </paragraph> <paragraph num="(ii)"> <text>Purchases, brokers, arranges, or markets, including by means of supplier-consolidated billing, gas or gas supply services for sale to a retail gas customer.</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>“Gas supplier” includes an aggregator, a broker, and a marketer of gas.</text> </paragraph> <paragraph num="(c)"> <text>“Gas supplier” does not include:</text> <paragraph num="(i)"> <text>A gas company to the extent that the gas company provides gas sales or delivery service at rates regulated by the Commission;</text> </paragraph> <paragraph num="(ii)"> <text>An owner/operator that holds ownership in and manages the internal distribution system serving a building, and supplies gas solely to occupants of the building for use by the occupants;</text> </paragraph> <paragraph num="(iii)"> <text>A lessee/operator that holds a leasehold interest in and manages the internal distribution system serving a building, and supplies gas solely to occupants of the building for use by the occupants; or</text> </paragraph> <paragraph num="(iv)"> <text>A person that transmits or distributes gas within a site owned by the person or the person's affiliate that is incidental to the primary landlord-tenant relationship.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(15)"> <text>“License” means the authority granted by the Commission to a person to do business as a gas supplier.</text> </paragraph> <paragraph num="(16)"> <text>“Marketer” means a person that purchases and takes title to gas as an intermediary for sale to a customer.</text> </paragraph> <paragraph num="(17)"> <text>“Person” means an individual, receiver, trustee, guardian, personal representative, fiduciary, or representative of any kind and any partnership, firm, association, corporation, or other entity.</text> </paragraph> <paragraph num="(18)"> <text>Retail Gas Customer.</text> <paragraph num="(a)"> <text>“Retail gas customer” means a purchaser of gas for end use in the State.</text> </paragraph> <paragraph num="(b)"> <text>“Retail gas customer” does not include an occupant of a building in which the owner or operator or lessee or operator manages the internal distribution system serving the building and supplies gas and gas supply services solely to occupants of the building for use by the occupants.</text> </paragraph> </paragraph> <paragraph num="(19)"> <text>“Sales service” means the supply of retail gas commodity service by the customer’s gas company.</text> </paragraph> <paragraph num="(20)"> <text>“Supplier-consolidated billing (SCB)” means a form of competitive billing service in which a gas or electricity supplier is authorized by the Commission to render a bill to a retail gas or electric customer that includes both the supplier charges and the gas or electric company's regulated charges.</text> </paragraph> </paragraph> </regulation> <annotations> <annotation type="Authority">Public Utilities Article, §§2-113, 2-121, 4-308, 5-101, 7-507, 7-511, and 7-601—7-606, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: August 18, 2003 (30:16 Md. R. 1076)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended effective March 7, 2022 (49:5 Md. R. 367); July 10, 2023 (50:13 Md. R. 513)</annotation> </annotations> </chapter> <chapter num="02" heading="Administrative Provisions"> <regulation prefix="Regulation" num=".01" heading="Gas Supplier License Required."> <paragraph num="A."> <text>A person may not engage in the business of a gas supplier in the State without obtaining a license from the Commission.</text> </paragraph> <paragraph num="B."> <text>A person is limited by the terms of the license issued by the Commission.</text> </paragraph> <paragraph num="C."> <text>A license granted under this subtitle is valid unless suspended or revoked by the Commission.</text> </paragraph> <paragraph num="D."> <text>A license issued under this chapter may not be transferred without prior approval of the Commission.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Application Requirements."> <paragraph num="A."> <text>A person applying for a gas supplier license or to transfer an existing gas supplier license shall file an application on the form provided by the Commission.</text> </paragraph> <paragraph num="B."> <text>The application shall contain at least the following information:</text> <paragraph num="(1)"> <text>The technical and managerial competency of the applicant;</text> </paragraph> <paragraph num="(2)"> <text>A statement indicating compliance with all applicable requirements of the Federal Energy Regulatory Commission.</text> </paragraph> <paragraph num="(3)"> <text>A statement of compliance with applicable federal and State consumer protection laws, and environmental laws and regulations relating to the gas services;</text> </paragraph> <paragraph num="(4)"> <text>Proof of financial integrity;</text> </paragraph> <paragraph num="(5)"> <text>A certificate from:</text> <paragraph num="(a)"> <text>The state under which the applicant's business is formed, indicating that the applicant is in good standing and qualified to do business in the state of formation; and</text> </paragraph> <paragraph num="(b)"> <text>The Maryland Department of Assessments and Taxation, indicating that the business is qualified to do business in the State, if the business of the applicant is formed under the laws of a state other than Maryland;</text> </paragraph> </paragraph> <paragraph num="(6)"> <text>An affidavit of tax compliance, including local taxes and surcharges;</text> </paragraph> <paragraph num="(7)"> <text>If the applicant provides competitive billing services:</text> <paragraph num="(a)"> <text>A statement of compliance with any local licensing and bonding requirement; and</text> </paragraph> <paragraph num="(b)"> <text>A copy of the agreement between the gas company and the gas supplier that:</text> <paragraph num="(i)"> <text>Details the reciprocal responsibilities for collection and ownership of accounts receivable; and</text> </paragraph> <paragraph num="(ii)"> <text>Prohibits the gas company from commencing collection or service termination action of any kind against a retail customer for nonpayment of utility charges billed by the gas supplier unless the retail customer fails upon request to provide evidence of payment to the gas supplier of the utility charges;</text> </paragraph> </paragraph> </paragraph> <paragraph num="(8)"> <text>If the applicant intends to collect a deposit or prepayment from a retail customer, a bond as required under COMAR 20.54.03.03 or similar instrument approved by the Commission;</text> </paragraph> <paragraph num="(9)"> <text>If applicable, a certificate of compliance with the provisions of Labor and Employment Article, Title 9, Annotated Code of Maryland relating to Maryland Workers' Compensation; and</text> </paragraph> <paragraph num="(10)"> <text>A statement confirming that the applicant will not offer or provide supplier-consolidated billing without Commission licensing that authorizes the provision of supplier-consolidated billing.</text> </paragraph> </paragraph> <paragraph num="C."> <text>In addition to the requirements of §§A and B of this regulation, an applicant seeking to provide supplier-consolidated billing shall, at a minimum, provide the following:</text> <paragraph num="(1)"> <text>Certification that the applicant will comply with all laws and regulatory requirements for Maryland bills that contain regulated utility charges and retail energy charges;</text> </paragraph> <paragraph num="(2)"> <text>Certification that the applicant will comply with all applicable statutes and regulatory requirements and maintain the following minimum functions:</text> <paragraph num="(a)"> <text>Call center operations;</text> </paragraph> <paragraph num="(b)"> <text>Complaint resolution procedures; and</text> </paragraph> <paragraph num="(c)"> <text>Billing, credit, and collection procedures;</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Certification that the applicant will coordinate with the gas company to exchange information and data using Statewide uniform transactions and standards approved by the Commission before engaging in supplier-consolidated billing in the gas company's service territory;</text> </paragraph> <paragraph num="(4)"> <text>Proof of an ongoing quality assurance process that documents the accuracy of customer bills; and</text> </paragraph> <paragraph num="(5)"> <text>Such additional information as the Commission may require.</text> </paragraph> </paragraph> <paragraph num="D."> <text>A licensed gas supplier that seeks to perform supplier-consolidated billing shall apply to amend its authority under the terms of this subtitle.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Number of Copies; Service."> <paragraph num="A."> <text>An applicant shall file an original and 15 paper copies and an electronic copy of an application with the Commission.</text> </paragraph> <paragraph num="B."> <text>In addition to filing the application with the Commission, the applicant shall simultaneously provide a copy of the completed application to the Maryland Office of People's Counsel, along with the supporting documentation and any supplemental or updated information.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Material Change in Application Information."> <text>An applicant shall immediately inform the Commission of any material change in the information provided in the application during the application review process.</text> </regulation> <regulation prefix="Regulation" num=".05" heading="Fees."> <text>When the initial application is filed, the applicant shall pay a nonrefundable filing fee, as specified by the Commission in the application form.</text> </regulation> <regulation prefix="Regulation" num=".06" heading="Accuracy of Information."> <paragraph num="A."> <text>An applicant that submits misleading, incomplete, inaccurate information or fails to provide updated information as required under COMAR 20.54.03.01 may be penalized under Public Utilities Article, Annotated Code of Maryland.</text> </paragraph> <paragraph num="B."> <text>A penalty under §A of this regulation may include the:</text> <paragraph num="(1)"> <text>Denial of a gas supplier license;</text> </paragraph> <paragraph num="(2)"> <text>Revocation or suspension of a license issued under Regulation .09 of this chapter;</text> </paragraph> <paragraph num="(3)"> <text>Imposition of a civil penalty of up to $10,000 per violation;</text> </paragraph> <paragraph num="(4)"> <text>Imposition of a moratorium on adding or soliciting additional customers; or</text> </paragraph> <paragraph num="(5)"> <text>Any other action the Commission considers appropriate.</text> </paragraph> </paragraph> <paragraph num="C."> <text>The Commission shall consider, in determining the amount of the civil penalty imposed under §B(3) of this regulation, the:</text> <paragraph num="(1)"> <text>Number of previous violations of any provision of Commission law or regulations;</text> </paragraph> <paragraph num="(2)"> <text>Gravity of the current violation; and</text> </paragraph> <paragraph num="(3)"> <text>Good faith of the gas supplier or person charged in attempting to achieve compliance after the Commission provides notice of the violation.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Classification of Information."> <paragraph num="A."> <text>An applicant may designate answers or documents proprietary or confidential only if there is a valid legal or factual basis supporting the designation.</text> </paragraph> <paragraph num="B."> <text>Applicant answers or documents designated as proprietary or confidential shall be reviewed by the Commission.</text> </paragraph> <paragraph num="C."> <text>Following review, the Commission shall classify answers or documents identified as proprietary or confidential by the applicant as either public, proprietary, or confidential.</text> </paragraph> <paragraph num="D."> <text>Only answers identified as public may be inspected by the general public.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Financial Integrity."> <paragraph num="A."> <text>Following review of the statement of financial integrity provided by the applicant under Regulation .02B(4) of this chapter, the Commission may require a bond, letter of guarantee, or other financial instrument from the applicant, applicant's parent, or other responsible person.</text> </paragraph> <paragraph num="B."> <text>The amount of a bond, letter of guarantee, or other financial instrument required under §A of this regulation shall be established by the Commission and be based on an applicant's financial information.</text> </paragraph> <paragraph num="C."> <text>Bonding; Financial Guarantees.</text> <paragraph num="(1)"> <text>A supplier seeking to be licensed to provide supplier-consolidated billing shall provide and maintain bonding or financial guarantees with the Commission in the amount of $500,000.</text> </paragraph> <paragraph num="(2)"> <text>The total financial guarantee required under this regulation may include the bond or other form of financial guarantee submitted as proof of financial integrity under §A of this regulation.</text> </paragraph> <paragraph num="(3)"> <text>A supplier seeking to be licensed to provide supplier-consolidated billing services or providing supplier-consolidated billing services may petition the Commission to lower the total bonding or financial guarantee requirement of $500,000.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Any bond required under §A or C of this regulation shall at a minimum:</text> <paragraph num="(1)"> <text>Identify the Maryland Public Service Commission as the sole beneficiary;</text> </paragraph> <paragraph num="(2)"> <text>Be continuous and subject to cancellation only after 60 days notice to the Commission;</text> </paragraph> <paragraph num="(3)"> <text>Contain the following language or similar language acceptable to the Commission: “Payment under this bond shall be due in the event the Commission determines that the (gas supplier name) is financially insolvent or unable to meet its obligations as a licensed gas supplier in Maryland”; and</text> </paragraph> <paragraph num="(4)"> <text>Permit the Commission to direct that the proceeds of the bond be paid or disbursed.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Any bond required under §A or C of this regulation shall be obtained from a company licensed in the State to write surety types of insurance.</text> </paragraph> <paragraph num="F."> <text>In the event a letter of guarantee or other financial instrument is required under §A or C of this regulation, the guarantor shall submit a balance sheet and income statement to the Commission.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".09" heading="Granting a License."> <text>After review, the Commission may grant a license on finding that the issuance will promote a competitive retail gas supply and gas supply services market.</text> </regulation> <regulation prefix="Regulation" num=".10" heading="Approving a Contract for Energy Assistance Households."> <paragraph num="A."> <text>Beginning July 1, 2023, a gas supplier may not serve a customer in an energy assistance household except pursuant to a Commission approved contract for energy assistance households.</text> </paragraph> <paragraph num="B."> <text>A gas supplier applying for approval of a contract for energy assistance households shall file on a form provided by the Commission.</text> </paragraph> <paragraph num="C."> <text>The submission shall include:</text> <paragraph num="(1)"> <text>The identity of the applicant;</text> </paragraph> <paragraph num="(2)"> <text>The service territories and commodities applied for;</text> </paragraph> <paragraph num="(3)"> <text>A copy of the contract and contract summary form that will be used for sales to energy assistance households;</text> </paragraph> <paragraph num="(4)"> <text>A description of the price a customer will pay, as it will appear on the customer contract;</text> </paragraph> <paragraph num="(5)"> <text>For any months where the utility gas commodity price or net purchased gas charge is not known at the time of application, a description of how the supplier will ensure that the retail supplier’s rate for energy assistance households remains at or below the utility gas commodity price or net purchased gas charge;</text> </paragraph> <paragraph num="(6)"> <text>A commitment for the entirety of the term of the supply contract to charge at or below the utility gas commodity price or net purchased gas charge;</text> </paragraph> <paragraph num="(7)"> <text>A commitment to follow the terms of Public Utilities Article, §4-308, Annotated Code of Maryland; and</text> </paragraph> <paragraph num="(8)"> <text>A commitment to uniquely identify the offer in such a way as to distinguish the Commission-approved contract for energy assistance households from other supply products the supplier may be offering for sale in Maryland.</text> </paragraph> </paragraph> <paragraph num="D."> <text>The Commission may approve a supplier’s application for a contract for energy assistance households subject to any conditions the Commission determines appropriate.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Public Utilities Article, §§2-113, 2-121, 4-308, 5-101, 7-507, 7-511, and 7-601—7-606, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: August 18, 2003 (30:16 Md. R. 1076)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended effective March 7, 2022 (49:5 Md. R. 367)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended effective March 7, 2022 (49:5 Md. R. 367)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02C, D adopted effective March 7, 2022 (49:5 Md. R. 367)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03A amended effective July 10, 2023 (50:13 Md. R. 513)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07 amended effective March 7, 2022 (49:5 Md. R. 367)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08 amended effective March 7, 2022 (49:5 Md. R. 367)</annotation> <annotation type="History" subtype="Administrative History">Regulation .10 adopted effective July 10, 2023 (50:13 Md. R. 513)</annotation> </annotations> </chapter> <chapter num="03" heading="Gas Supplier License Requirements"> <regulation prefix="Regulation" num=".01" heading="Licensee's Updated Information."> <paragraph num="A."> <text>Material Changes.</text> <paragraph num="(1)"> <text>Within 30 days of a material change, a licensed gas supplier shall:</text> <paragraph num="(a)"> <text>Update or supplement the information required in the application under COMAR 20.54.02.02 B(1), (4), (5), and (8) and COMAR 20.54.02.02C; and</text> </paragraph> <paragraph num="(b)"> <text>File a copy of the updated or supplemental information with the Commission.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>A supplier providing supplier-consolidated billing shall, in addition to §A(1) of this regulation, also update or supplement the following material changes:</text> <paragraph num="(a)"> <text>The transfer of the conduct of supplier-consolidated billing services from the supplier to a third-party agent;</text> </paragraph> <paragraph num="(b)"> <text>The transfer of supplier-consolidated billing services from one third-party agent to another third-party agent; or</text> </paragraph> <paragraph num="(c)"> <text>The cancellation of the bond or collateral guaranteeing protection of customers participating in supplier-consolidated billing required under COMAR 20.54.02.08C.</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>A licensee shall provide to the Commission annual updates of the information required in the application under COMAR 20.51.02, including the information provided under §A of this regulation. The annual update required by this section shall be filed within 120 days of the close of the fiscal year of the licensee.</text> </paragraph> <paragraph num="C."> <text>A licensed gas supplier shall provide additional information as may be required by the Commission.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Required Filing — Gas Company Service Agreement."> <text>A gas supplier shall file with the Commission a copy of every service agreement entered into with a gas company within 10 business days of the execution of the agreement.</text> </regulation> <regulation prefix="Regulation" num=".03" heading="Requirement — Collection of Prepayment or Deposit."> <paragraph num="A."> <text>An applicant who intends to collect or a gas supplier who collects a deposit or prepayment for gas supply from a customer shall post a bond as required under this regulation.</text> </paragraph> <paragraph num="B."> <text>The initial bond requirement for an applicant or gas supplier who intends to collect a deposit or prepayment from a customer shall be $50,000.</text> </paragraph> <paragraph num="C."> <text>Six months after the posting of the initial bond, or when the amount of deposits or prepayments exceed the initial bond required by this regulation, whichever is earlier, a gas supplier shall:</text> <paragraph num="(1)"> <text>Conduct an audit, performed by an independent certified public accountant or a Commission auditor;</text> </paragraph> <paragraph num="(2)"> <text>If an independent certified public accountant is used, provide a copy to the Commission; and</text> </paragraph> <paragraph num="(3)"> <text>Comply with the bonding requirements in §§D and E of this regulation.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Except as provided in §B of this regulation, the bond required under §A of this regulation shall equal or exceed the total amount of any deposits or prepayments a gas supplier collects.</text> </paragraph> <paragraph num="E."> <text>In calculating the bonding requirement under §D of this regulation, prepayments or deposits do not include funds:</text> <paragraph num="(1)"> <text>Collected from a customer whose metered use is expected to or does exceed 625 dekatherms during any month of the previous 12-month period; or</text> </paragraph> <paragraph num="(2)"> <text>Received in advance of service from a customer that voluntarily participates in a billing plan under which the customer's electric costs are averaged over a period of time.</text> </paragraph> </paragraph> <paragraph num="F."> <text>The bond required by §A of this regulation shall be obtained from a company licensed in the State to write surety types of insurance.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Form of Bond."> <paragraph num="A."> <text>The bond required by COMAR 20.54.02.08 or Regulation .03 of this chapter shall be in the form required by the Commission.</text> </paragraph> <paragraph num="B."> <text>The bond required by Regulation .03 of this chapter shall at a minimum:</text> <paragraph num="(1)"> <text>Identify the Maryland Public Service Commission as the sole beneficiary;</text> </paragraph> <paragraph num="(2)"> <text>Be continuous and subject to cancellation only after 60 days notice to the Commission;</text> </paragraph> <paragraph num="(3)"> <text>Be in the amount determined under Regulation .03 of this chapter;</text> </paragraph> <paragraph num="(4)"> <text>Contain the following language or similar language acceptable to the Commission: “Payment under this bond shall be due in the event the Commission determines that the (gas supplier name) is financially insolvent or unable to meet their obligations as a licensed gas supplier in Maryland”; and</text> </paragraph> <paragraph num="(5)"> <text>Permit the Commission to direct that the proceeds of the bond be paid or disbursed.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Gas Supplier License — Cessation of Business."> <paragraph num="A."> <text>A licensee shall provide 60 days prior written notice to the Commission of an intention to cease providing service in the State to all customers:</text> <paragraph num="(1)"> <text>In a specified gas company service area;</text> </paragraph> <paragraph num="(2)"> <text>Within a specified customer class; or</text> </paragraph> <paragraph num="(3)"> <text>A specified type of billing.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Following receipt of the notice required by §A of this regulation, the Commission may require the licensee to provide notice to the public and take other appropriate action.</text> </paragraph> <paragraph num="C."> <text>If a supplier ceases providing a particular type of billing service, notice to customers, at a minimum, shall specify the following:</text> <paragraph num="(1)"> <text>That the supplier will no longer provide the specific type of billing service to customers in the State, service territory, or to a customer class, as applicable;</text> </paragraph> <paragraph num="(2)"> <text>The billing method to which the customer will be subject after the supplier ceases to offer the current billing method it was providing; and</text> </paragraph> <paragraph num="(3)"> <text>The date on which the customer's current billing service will cease and the new billing service will begin.</text> </paragraph> </paragraph> <paragraph num="D."> <text>If the supplier that is ceasing a specific type of billing service intends to retain a customer on a different billing model, the supplier shall follow COMAR 20.59.05.06.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="License Revocation or Suspension."> <text>The Commission may revoke or suspend a license, if a licensee:</text> <paragraph num="A."> <text>Intentionally provides false information;</text> </paragraph> <paragraph num="B."> <text>Switches, or causes to be switched, the gas supply for a customer without first obtaining the customer's permission;</text> </paragraph> <paragraph num="C."> <text>Fails to provide gas for its customers;</text> </paragraph> <paragraph num="D."> <text>Commits fraud or engages in deceptive practices;</text> </paragraph> <paragraph num="E."> <text>Fails to maintain financial integrity;</text> </paragraph> <paragraph num="F."> <text>Violates any applicable provision of this title;</text> </paragraph> <paragraph num="G."> <text>Violates a Commission Order;</text> </paragraph> <paragraph num="H."> <text>Fails to comply with State or local tax laws;</text> </paragraph> <paragraph num="I."> <text>Violates any applicable provision of Public Utilities Article, Annotated Code of Maryland, or any State or federal consumer protection law;</text> </paragraph> <paragraph num="J."> <text>Is convicted of, or has a principal who is convicted of, a felony or any crime involving fraud, theft, or deceit; or</text> </paragraph> <paragraph num="K."> <text>Has a similar license issued by another state or the federal government suspended or revoked.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Enforcement."> <text>The Commission may enforce the regulations in this subtitle under the provisions of Public Utilities Article, Annotated Code of Maryland.</text> </regulation> <annotations> <annotation type="Authority">Public Utilities Article, §§2-113, 2-121, 5-101, 7-507, 7-511, and 7-601—7-606, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: August 18, 2003 (30:16 Md. R. 1076)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01A amended effective March 7, 2022 (49:5 Md. R. 367)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03C amended effective March 7, 2022 (49:5 Md. R. 367)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05A amended effective March 7, 2022 (49:5 Md. R. 367)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05C, D adopted effective March 7, 2022 (49:5 Md. R. 367)</annotation> </annotations> </chapter> </subtitle> <subtitle num="55" heading="Service Supplied by Gas Companies"> <chapter num="01" heading="General"> <regulation prefix="Regulation" num=".01" heading="Authorization of Regulations."> <text>The Public Utilities Article, Annotated Code of Maryland, provides that the Commission shall have the power to make such reasonable regulations as it deems necessary to carry out the provisions of this law and any other law relating to the Commission.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Application of Regulations."> <paragraph num="A."> <text>Application. These regulations apply to a gas utility or gas master meter operator operating within the State, under the jurisdiction of the Public Service Commission.</text> </paragraph> <paragraph num="B."> <text>Purpose. These regulations are intended to promote safe and adequate service to the public, to provide standards for uniform and reasonable practices, and to outline the responsibility of the public in requesting and receiving service from a utility.</text> </paragraph> <paragraph num="C."> <text>Exemption. If unreasonable hardship to a utility, gas master meter operator, or to a customer results from the application of any of these regulations, application may be made to the Commission for the modification of the regulation or for temporary or permanent exemption from its requirements.</text> </paragraph> <paragraph num="D."> <text>Modification. The adoption of these regulations does not preclude the Commission from altering or amending them, or from making such modifications with respect to their application as may be found necessary to meet exceptional conditions.</text> </paragraph> <paragraph num="E."> <text>Duties Under Other Statutes. These regulations do not relieve any utility from any of its duties under the laws of this State.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Repealed." /> <regulation prefix="Regulation" num=".04" heading="Definitions."> <paragraph num="A."> <text>In this subtitle the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>Abbreviations.</text> <paragraph num="(a)"> <text>“Btu” means British thermal unit.</text> </paragraph> <paragraph num="(b)"> <text>“LNG” means liquefied natural gas.</text> </paragraph> <paragraph num="(c)"> <text>“LPG” means liquefied petroleum gas.</text> </paragraph> <paragraph num="(d)"> <text>“PSIG” means pounds per square inch, gauge.</text> </paragraph> <paragraph num="(e)"> <text>“W.C.” means water column.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>“Accuracy” means the degree of conformity of a measure to a standard or true value.</text> </paragraph> <paragraph num="(3)"> <text>“Check flow” means a flow between 20 percent and 50 percent of the rated capacity of a meter.</text> </paragraph> <paragraph num="(4)"> <text>“Commission” means the Public Service Commission of Maryland.</text> </paragraph> <paragraph num="(5)"> <text>“Cubic foot” of gas means:</text> <paragraph num="(a)"> <text>Where gas is supplied and metered to customers at the pressure normally maintained on residential customers' meters, a cubic foot of gas is that quantity of gas which, at the temperature and pressure existing in the meter, occupies 1 cubic foot.</text> </paragraph> <paragraph num="(b)"> <text>Where gas is supplied and measured with corrections made for pressure or temperature conditions, or both, existing in the meter, a cubic foot of gas is that quantity of gas which occupies a cubic foot after the metered quantity has been corrected to the absolute pressure or the temperature, or both, specified in the utility's tariff (see COMAR 20.55.03.01B(8)).</text> </paragraph> <paragraph num="(c)"> <text>The standard cubic foot of gas for testing the gas itself for heating value shall be that quantity of gas, saturated with water vapor, which at a temperature of 60°F and a pressure of 30 inches of mercury occupies 1 cubic foot. (Temperature of mercury = 32°F; acceleration due to gravity = 32.17 feet per second per second; density of mercury = 13.595 grams per cubic centimeter.)</text> </paragraph> </paragraph> <paragraph num="(6)"> <text>“Customer” means a person, partnership, association, corporation, or governmental agency being supplied with gas service and whose name appears on the application for service.</text> </paragraph> <paragraph num="(6-1)"> <text>“Division” means the Engineering Division of the Commission.</text> </paragraph> <paragraph num="(7)"> <text>“Full rated flow” means a flow of approximately 100 percent of the rated capacity of a meter.</text> </paragraph> <paragraph num="(7-1)"> <text>“Gas master meter operator” has the meaning stated in Public Utilities Article, §1-101, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(8)"> <text>“Gas plant” or “pipeline facility” means new and existing pipelines, rights-of-way, and any equipment, facility, or building used in the transportation of gas or in the treatment of gas during the course of transportation.</text> </paragraph> <paragraph num="(9)"> <text>“Incident” has the meaning stated in 49 CFR §191.3, as amended, which is incorporated by reference.</text> </paragraph> <paragraph num="(10)"> <text>“Main” means a distribution line that serves as a common source of supply for more than one service line.</text> </paragraph> <paragraph num="(11)"> <text>“Meter”, without other qualification, means a device which is used by a utility in measuring a quantity of gas.</text> </paragraph> <paragraph num="(12)"> <text>“Percent accuracy” means the ratio expressed in percent of the meter indicated volume (numerator) to the prover or other working standard volume (denominator) obtained in volumetric testing of gas meters.</text> </paragraph> <paragraph num="(13)"> <text>“Percent proof” means the ratio expressed in percent of the prover or other working standard volume (numerator) to the meter indicated volume (denominator) obtained in volumetric testing of gas meters.</text> </paragraph> <paragraph num="(14)"> <text>“Pipeline” means all parts of those physical facilities through which gas moves in transportation, including pipe, valves, and other appurtenances attached to pipe, compressor units, metering stations, regulator stations, delivery stations, holders, and fabricated assemblies.</text> </paragraph> <paragraph num="(15)"> <text>“Places of public assembly” means a building or portions of a building used for gathering together of 100 or more persons, the capacity being designated by the fire department for common purposes of deliberation, worship, or services, such as but not limited to churches, schools, hospitals, halls, theaters, and municipal facilities.</text> </paragraph> <paragraph num="(16)"> <text>“Premises” means a tract of land or real estate, including buildings and other appurtenances on it.</text> </paragraph> <paragraph num="(17)"> <text>“Rated capacity of a meter” means the capacity of the meter as specified by the manufacturer under the conditions of use.</text> </paragraph> <paragraph num="(18)"> <text>“Service line” means a gas pipe owned, operated, or maintained by a utility that runs from a main or a pipeline to the meter serving a customer.</text> </paragraph> <paragraph num="(19)"> <text>“Utility” or “company” means any gas company operating under the jurisdiction of the Commission.</text> </paragraph> <paragraph num="(20)"> <text>“Working standard” means the prover, test meter, or other approved device used to test customer meters or associated devices, or both.</text> </paragraph> </paragraph> </regulation> <annotations> <annotation type="Authority">State Government Article, §7-207(a); Public Utilities Article, §§2-113, 2-121, 5-101, and 7-301; Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: July 1, 1964 (Order No. 55567)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective October 21, 1974 (Order No. 60922)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02A amended effective April 10, 1995 (22:7 Md. R. 538)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B, C amended effective February 7, 2000 (27:2 Md. R. 145)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 repealed effective May 5, 1986 (13:9 Md. R. 1031)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04 amended effective May 5, 1986 (13:9 Md. R. 1031); December 25, 1989 (16:25 Md. R. 2714); July 20, 1992 (19:14 Md. R. 1285)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04B amended effective April 10, 1995 (22:7 Md. R. 538); December 29, 1997 (24:26 Md. R. 1759); February 7, 2000 (27:2 Md. R. 145); March 26, 2007 (34:6 Md. R. 629)</annotation> </annotations> </chapter> <chapter num="02" heading="Engineering"> <regulation prefix="Regulation" num=".01" heading="Good Engineering Practice."> <text>The gas plant of the utility or gas master meter operator shall be constructed, installed, maintained, and operated in accordance with accepted good engineering practice in the gas industry to ensure, as far as reasonably possible, continuity of service, uniformity in the quality of service furnished, and the safety of persons and property.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Acceptable Standards."> <paragraph num="A."> <text>In addition to the regulations found in this chapter, each utility or gas master meter operator shall comply with the following federal regulations, which are incorporated by reference:</text> <paragraph num="(1)"> <text>49 CFR 40, “Procedures for Transportation Workplace Drug and Alcohol Testing Programs”, as amended;</text> </paragraph> <paragraph num="(2)"> <text>49 CFR 191, “Transportation of Natural and Other Gas by Pipeline; Annual Reports, Incident Reports, and Safety Related Condition Reports”, as amended;</text> </paragraph> <paragraph num="(3)"> <text>49 CFR 192, “Transportation of Natural and Other Gas by Pipeline: Minimum Federal Safety Standards”, as amended;</text> </paragraph> <paragraph num="(4)"> <text>49 CFR 193, “Liquefied Natural Gas Facilities: Federal Safety Standards”, as amended;</text> </paragraph> <paragraph num="(5)"> <text>49 CFR 199, “Drug and Alcohol Testing”, as amended.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Each utility or gas master meter operator shall use as accepted good engineering practice the applicable provisions in:</text> <paragraph num="(1)"> <text>The GPTC Guide for Gas Transmission and Distribution Piping Systems 2003, Volume One with Addenda No. 1—4, which are incorporated by reference;</text> </paragraph> <paragraph num="(2)"> <text>The American National Standard, “National Fuel Gas Code”, ANSI Z223.1 (1988), which is incorporated by reference;</text> </paragraph> <paragraph num="(3)"> <text>“Orifice Metering of Natural Gas”, Report No. 3 of American Gas Association Gas Measurement Committee;</text> </paragraph> <paragraph num="(4)"> <text>The American National Standard for Gas Displacement Meters (500 Cubic Feet per Hour Capacity and Under), (ANSI B109.1 and ANSI B109.2), which is incorporated by reference;</text> </paragraph> <paragraph num="(5)"> <text>The American National Standard for Diaphragm Type Gas Displacement Meters (Over 500 Cubic Feet per Hour Capacity), (ANSI B109.2), which is incorporated by reference;</text> </paragraph> <paragraph num="(6)"> <text>The American National Standard for Rotary Type Gas Displacement Meters, (ANSI B109.3), which is incorporated by reference.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Adequacy of Supply."> <text>The production or storage capacity, or both, of the utility's plant, combined with the gas supply regularly available from other sources, shall be sufficiently large to meet all reasonably expectable demands for service.</text> </regulation> <regulation prefix="Regulation" num=".04" heading="Inspection of Gas Plant."> <paragraph num="A."> <text>Each utility or gas master meter operator shall adopt a program of inspection of its gas plant in order to determine the necessity for replacement and repair. The frequency of the various inspections shall be based on experience and accepted good practice. Sufficient records shall be kept to give evidence of compliance with the inspection program.</text> </paragraph> <paragraph num="B."> <text>Each utility or gas master meter operator shall inspect its gas pipeline system to ensure that it is constructed in accordance with the applicable requirements of this subtitle.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">State Government Article, §7-207(a); Public Utilities Article, §§2-121, 5-101, 5-302, 5-303, and 11-101; Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: July 1, 1964 (Order No. 55567)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective October 21, 1974 (Order No. 60922)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended effective January 15, 1996 (23:1 Md. R. 35)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02 amended effective May 5, 1986 (13:9 Md. R. 1032); January 15, 1996 (23:1 Md. R. 35); February 7, 2000 (27:2 Md. R. 145); March 26, 2007 (34:6 Md. R. 629)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02A amended as an emergency provision effective October 30, 1985 (12:22 Md. R. 2102)(Emergency provisions are temporary and not printed in COMAR)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02C amended effective December 25, 1989 (16:25 Md. R. 2715)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04 amended effective January 15, 1996 (23:1 Md. R. 35); January 15, 1996 (23:1 Md. R. 35); February 7, 2000 (27:2 Md. R. 145)</annotation> </annotations> </chapter> <chapter num="03" heading="Records and Reports"> <regulation prefix="Regulation" num=".01" heading="Tariff."> <text>Each utility shall file with the Commission a copy of its tariff which shall include:</text> <paragraph num="A."> <text>Rates. Each schedule of rates for service together with the applicable riders.</text> </paragraph> <paragraph num="B."> <text>Rules. The utility's rules, or terms and conditions, describing the utility's policies and practices in rendering service. These rules shall include:</text> <paragraph num="(1)"> <text>Extension Plan. The utility's plan for the installation of extensions of main and service lines where these facilities are in excess of those included in the regular rates for service and for which the customer shall be required to pay all or part of the cost. The customer's payment under this plan should be related to the investment that the utility prudently can make in consideration of the probable revenue.</text> </paragraph> <paragraph num="(2)"> <text>Heating Value. The total heating value of the gas in Btu per standard cubic foot.</text> </paragraph> <paragraph num="(3)"> <text>Material Furnished by Utility. A list of the items which the utility furnishes, owns, and maintains on the customer's premises, such as meters, service line, regulators, vents, and shut-off valves.</text> </paragraph> <paragraph num="(4)"> <text>No Charge Service. A general statement indicating the extent to which the utility will provide service at no charge for the adjustment of customers' appliances.</text> </paragraph> <paragraph num="(5)"> <text>Wastage of Gas. A general statement of the utility's policy in making adjustments for wastage of gas when wastage occurs without the knowledge of the customer.</text> </paragraph> <paragraph num="(6)"> <text>Billing Period. A statement indicating the minimum and maximum number of days for which the utility will bill a customer at its regular monthly rates for service.</text> </paragraph> <paragraph num="(7)"> <text>Payment Period. A statement indicating the minimum number of days allowed for payment of the gross amount of the customer's bill before service will be terminated for non-payment.</text> </paragraph> <paragraph num="(8)"> <text>Measurement Base. A statement indicating the atmospheric pressure, the absolute pressure or temperature, or both, used when pressure or temperature correction is made to the metered volume of gas. (See COMAR 20.55.01.04B(5))</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Information to be Filed."> <text>Each utility shall file with the Commission the following items necessary in the administration of these regulations:</text> <paragraph num="A."> <text>Special Contracts. A copy of each contract for service not covered by the utility's filed tariff.</text> </paragraph> <paragraph num="B."> <text>Installation Rules. A copy of the utility's rules, if any, designed by the utility for the use of engineers, architects, plumbing and heating contractors, etc., covering meter and service installations.</text> </paragraph> <paragraph num="C."> <text>Bill Forms. A sample of each type of customer bill form, which shall include the information normally shown on a customer's bill for service.</text> </paragraph> <paragraph num="D."> <text>Monthly Payment Plan. Each utility offering to its customers an even or equal monthly payment plan shall file a copy of the plan with the Commission.</text> </paragraph> <paragraph num="E."> <text>Map of System. A map showing the utility's operating area. This map shall be revised annually unless no revision is necessary, to reflect a material change in the items listed below. The map on file should reflect the current status of the following items:</text> <paragraph num="(1)"> <text>Source of supply (gate stations and gate meters);</text> </paragraph> <paragraph num="(2)"> <text>LNG, LPG and other major storage facilities;</text> </paragraph> <paragraph num="(3)"> <text>Principal mains by size;</text> </paragraph> <paragraph num="(4)"> <text>Peak shaving plants;</text> </paragraph> <paragraph num="(5)"> <text>State boundary crossings;</text> </paragraph> <paragraph num="(6)"> <text>Franchise service areas approved by the Commission;</text> </paragraph> <paragraph num="(7)"> <text>Names of all communities (post offices) served.</text> </paragraph> </paragraph> <paragraph num="F."> <text>Persons to Contact. The name, title, address, and telephone number of the person who should be contacted in connection with the following areas of operation:</text> <paragraph num="(1)"> <text>General management duties;</text> </paragraph> <paragraph num="(2)"> <text>Customer relations (complaints);</text> </paragraph> <paragraph num="(3)"> <text>Engineering operations;</text> </paragraph> <paragraph num="(4)"> <text>Meter tests and repairs;</text> </paragraph> <paragraph num="(5)"> <text>Safety; and</text> </paragraph> <paragraph num="(6)"> <text>Emergencies during non-office hours.</text> </paragraph> </paragraph> <paragraph num="G."> <text>Telephone Notice of Incidents. Each utility or gas master meter operator shall promptly notify a representative of the Public Service Commission by telephone of each incident as defined in COMAR 20.55.01.04B(9).</text> </paragraph> <paragraph num="H."> <text>Written Notice of Incidents. As soon as practicable but not later than 30 days after discovery, a utility shall file a written report of each incident with the Public Service Commission. This report shall be a copy of the report submitted to the U.S. Department of Transportation. An “incident” is defined in COMAR 20.55.01.04B(9).</text> </paragraph> <paragraph num="I."> <text>Annual Reports.</text> <paragraph num="(1)"> <text>Each utility shall submit to the Public Service Commission a copy of the annual report filed with the U.S. Department of Transportation. This report shall be submitted each year not later than March 15 for the preceding calendar year.</text> </paragraph> <paragraph num="(2)"> <text>Those utilities who also operate transmission pipelines shall submit to the Public Service Commission a copy of the annual report filed with the U.S. Department of Transportation. This report shall be submitted each year not later than March 15 for the preceding calendar year.</text> </paragraph> </paragraph> <paragraph num="J."> <text>Construction Notice.</text> <paragraph num="(1)"> <text>A utility or gas master meter operator shall notify the Engineering Division of the Commission in writing at least 10 days before the estimated start date of major construction projects.</text> </paragraph> <paragraph num="(2)"> <text>Under this regulation a major construction project includes:</text> <paragraph num="(a)"> <text>New pressure-regulating stations;</text> </paragraph> <paragraph num="(b)"> <text>Significant modifications to gas supply equipment at existing pressure-regulating stations;</text> </paragraph> <paragraph num="(c)"> <text>New natural gas, LNG, or peak shaving propane plants;</text> </paragraph> <paragraph num="(d)"> <text>Significant modifications to process equipment at existing natural gas, LNG, or peak shaving propane plants; or</text> </paragraph> <paragraph num="(e)"> <text>New pipeline installations of:</text> <paragraph num="(i)"> <text>500 or more feet of main or transmission pipeline for all gas master meter operators and utilities with 50,000 or less customers, or</text> </paragraph> <paragraph num="(ii)"> <text>2,000 or more feet of main or transmission pipeline for all utilities with more than 50,000 customers.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(3)"> <text>The notification as required by this regulation shall be on a form provided by the Division.</text> </paragraph> </paragraph> <paragraph num="K."> <text>Gas Service Monthly Reports. A gas service monthly report, on forms provided by the Commission, showing information concerning the utility's operations. These reports shall be due in the Commission's office within 30 days after the end of the month reported.</text> </paragraph> <paragraph num="L."> <text>Location of Records. The location at which the utility keeps the various classes of records required by these regulations.</text> </paragraph> <paragraph num="M."> <text>Organizations.</text> <paragraph num="(1)"> <text>Each company shall designate a representative to meet with other company representatives on a regular basis, such as with the Maryland Gas Operators Advisory Committee, Maryland-D.C. Utilities Association or other organizations, for the purpose of establishing and maintaining:</text> <paragraph num="(a)"> <text>Uniform formats and practices for reporting to the Commission and the Office of Pipeline Safety;</text> </paragraph> <paragraph num="(b)"> <text>A state-of-the-art information and data exchange between companies regarding equipment, facilities, suppliers, practices, and procedures; and</text> </paragraph> <paragraph num="(c)"> <text>Other pertinent programs.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>The companies shall from time to time advise the Commission as to the status of the meetings.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Availability of Records."> <paragraph num="A."> <text>Records. A utility or gas master meter operator shall make available to the Commission or its authorized representative all records required by these regulations or necessary for the administration of these regulations.</text> </paragraph> <paragraph num="B."> <text>Location of Pipeline. The utility or gas master meter operator shall:</text> <paragraph num="(1)"> <text>Record and retain records indicating the location of all pipelines which it owns so that the records are as accurate as reasonably practicable;</text> </paragraph> <paragraph num="(2)"> <text>Update the records so that all pipelines are included within 6 months of being placed in service; and</text> </paragraph> <paragraph num="(3)"> <text>Make the information available, upon reasonable request, to:</text> <paragraph num="(a)"> <text>Contractors,</text> </paragraph> <paragraph num="(b)"> <text>Other utilities,</text> </paragraph> <paragraph num="(c)"> <text>Governmental agencies, or</text> </paragraph> <paragraph num="(d)"> <text>Other interested persons.</text> </paragraph> </paragraph> </paragraph> <paragraph num="C."> <text>Pipeline Location Services. A utility shall make available suitable equipment and personnel to provide pipeline location services upon reasonable request of interested persons, in compliance with Public Utilities Article, Title 12, Subtitle 1, Annotated Code of Maryland.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Retention of Records."> <text>A utility or gas master meter operator shall preserve all records required by these regulations for the time specified in 18 CFR 125, as amended, which is incorporated by reference, unless otherwise specified by the Commission.</text> </regulation> <annotations> <annotation type="Authority">State Government Article, §7-207(a); Public Utilities Article, §§2-121, 5-101, 5-302, and 6-203—6-207; Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: July 1, 1964 (Order No. 55567)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective October 21, 1974 (Order No. 60922)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended effective May 5, 1986 (13:9 Md. R. 1032); July 20, 1992 (19:14 Md. R. 1285)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02 adopted effective May 5, 1986 (13:9 Md. R. 1032); amended effective August 25, 1986 (13:17 Md. R. 1924)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02E amended effective March 18, 2013 (40:5 Md. R. 412)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02G amended effective December 25, 1989 (16:25 Md. R. 2715); July 31, 1995 (22:15 Md. R. 1121)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02H amended effective December 25, 1989 (16:25 Md. R. 2715); July 31, 1995 (22:15 Md. R. 1121); December 29, 1997 (24:26 Md. R. 1760)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02I repealed and new Regulation .02I adopted effective December 25, 1989 (16:25 Md. R. 2715)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02J amended effective September 18, 1989 (16:18 Md. R. 2024); July 31, 1995 (22:15 Md. R. 1121); March 26, 2007 (34:6 Md. R. 629)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02M amended effective February 7, 2000 (27:2 Md. R. 145)</annotation> <annotation type="History" subtype="Administrative History">Regulations .03 and .04 adopted effective May 5, 1986 (13:9 Md. R. 1032)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03A amended effective April 10, 1995 (22:7 Md. R. 538)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03B amended effective November 17, 1986 (13:23 Md. R. 2481); April 10, 1995 (22:7 Md. R. 538); February 7, 2000 (27:2 Md. R. 145)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04 amended effective February 7, 2000 (27:2 Md. R. 145); March 26, 2007 (34:6 Md. R. 629)</annotation> </annotations> </chapter> <chapter num="04" heading="Customer Relations"> <regulation prefix="Regulation" num=".01" heading="Information for Customers."> <paragraph num="A."> <text>System Maps or Records. Each utility shall maintain up-to-date maps, plans, or records of its entire transmission and distribution systems, with such other information as may be necessary to enable the utility to advise prospective customers, and others entitled to the information, as to the facilities available for serving any locality.</text> </paragraph> <paragraph num="B."> <text>Selecting Rate Schedule. Each utility shall assist the customer or prospective customer in selecting the most economical rate schedule.</text> </paragraph> <paragraph num="C."> <text>Notifying Customers. Each utility shall notify customers affected by a change in rates or schedule classification.</text> </paragraph> <paragraph num="D."> <text>Tariff Notice.</text> <paragraph num="(1)"> <text>Each utility shall post a notice in a conspicuous place in each office of the utility where applications for service are received, informing the public that a copy of its tariff, as filed with the Commission, is available for inspection.</text> </paragraph> <paragraph num="(2)"> <text>A utility shall post its tariff and pending tariff changes on its website.</text> </paragraph> <paragraph num="(3)"> <text>After Commission acceptance of a tariff change, a utility shall update the tariff posted on its website not later than 3 business days after the date of acceptance.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Meter Reading Instruction. Upon request, each utility shall inform its customers as to the method of reading meters.</text> </paragraph> <paragraph num="F."> <text>Hazards of Gas. At least twice each year, a notice shall be distributed to each customer, informing him of the hazards of leaking gas and instructing him of the procedures to be followed in reporting gas leaks. At the same time, notices to the general public informing them of the same information shall be made through newspaper ads. Notices (customer and general public) shall make mention of the possible entry of gas by the various means including leakage along other routes, possibly even if the party does not have gas service. In addition, a sample odor indicator shall be distributed to each customer at least biennially.</text> </paragraph> <paragraph num="G."> <text>Other Information. Each utility shall furnish such additional information as the customer may reasonably request.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".01-1" heading="Application for Service."> <paragraph num="A."> <text>A utility may accept either written or verbal applications for service. Each verbal application for service shall be promptly confirmed in writing by the utility. A utility may require an applicant to sign and return a copy of the written confirmation. The application shall include the:</text> <paragraph num="(1)"> <text>Name, address, home and work telephone numbers, and employer of the customer of record;</text> </paragraph> <paragraph num="(2)"> <text>Address of the premises for which gas service is requested;</text> </paragraph> <paragraph num="(3)"> <text>Mailing address and telephone numbers of the customer of record if he is not an occupant of the premises for which service is requested; and</text> </paragraph> <paragraph num="(4)"> <text>Customer of record's former gas service address and the date customer moved, if applicable.</text> </paragraph> </paragraph> <paragraph num="B."> <text>A utility may require an applicant to sign and return a copy of the written confirmation before providing service.</text> </paragraph> <paragraph num="C."> <text>Upon request of the applicant, a gas utility shall accept more than one individual customer name on applications for service. All persons named on an account shall be customers of record.</text> </paragraph> <paragraph num="D."> <text>When the name of the person applying for service is different from the name of the applicant, when more than one name is to be on an account, or when there is a reasonable basis for questioning the authority of a person requesting service in the name of the applicant, the utility may request that the applicant or applicants appear at the utility's designated office, present satisfactory identification, and execute a written application for service.</text> </paragraph> <paragraph num="E."> <text>Customer Identification. A utility may require a customer to provide a written, signed statement attesting to an order, decree, or agreement formalizing a name change, but may not request a copy of the actual order, divorce decree, or separation agreement.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".01-2" heading="Denial of Application for Residential Service."> <paragraph num="A."> <text>Payment of Outstanding Bills.</text> <paragraph num="(1)"> <text>Except as prohibited by State or federal law, a utility may refuse to provide service for a former customer unless the customer has paid or has made satisfactory arrangements to pay any outstanding bill or undisputed portion of a disputed bill for prior residential service.</text> </paragraph> <paragraph num="(2)"> <text>A utility may not refuse service to a customer for nonpayment of any outstanding bill that is over 7 years old, unless the:</text> <paragraph num="(a)"> <text>Customer signed an agreement to pay the outstanding bill before the expiration of this period; or</text> </paragraph> <paragraph num="(b)"> <text>Outstanding bill is for service obtained by the customer in any manner described in COMAR 20.31.02.03D or COMAR 20.31.02.04A(1)—(4).</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>Refusal to Connect Service. A utility may refuse to connect service if an attempt to secure service is made in any manner described below. If application is made:</text> <paragraph num="(1)"> <text>In a fictitious name;</text> </paragraph> <paragraph num="(2)"> <text>In the name of an individual who is not an occupant of the premises, without disclosure of the individual's actual address;</text> </paragraph> <paragraph num="(3)"> <text>In the name of a third party without disclosing that fact or without bona fide authority from the third party;</text> </paragraph> <paragraph num="(4)"> <text>Without disclosure of a material fact or by misrepresentation of a material fact;</text> </paragraph> <paragraph num="(5)"> <text>For connection of service to a residence where there are co-occupants, if a service account for that dwelling unit was previously maintained in a current co-occupant's name during a period of co-occupancy with the applicant and the co-occupant has failed to pay or make satisfactory arrangements to pay an outstanding bill or undisputed portion of a disputed bill for service at the dwelling unit, the collection of which is not barred under applicable State or federal law;</text> </paragraph> <paragraph num="(6)"> <text>For connection of service to a dwelling unit where there are co-occupants, if the service account of a prior dwelling unit of the applicant was listed in a current co-occupant's name and the co-occupant has failed to pay or to make satisfactory arrangement to pay an outstanding bill or undisputed portion of a disputed bill for service at the prior dwelling unit, the collection of which is not barred under applicable State or federal law; or</text> </paragraph> <paragraph num="(7)"> <text>By an individual for the purpose of assisting another occupant of a dwelling unit to avoid payment of that occupant's prior outstanding bill.</text> </paragraph> </paragraph> <paragraph num="C."> <text>For purposes of §B, “co-occupants” means two or more adults who occupy the same dwelling unit as their primary domicile, or legal residence within the State.</text> </paragraph> <paragraph num="D."> <text>For purposes of this regulation, a utility may provide service conditionally for not more than 30 days after the date of application. If, during this time, a utility discovers that an application has been made in one of the manners enumerated in this regulation, it may disconnect service in accordance with §§E and F.</text> </paragraph> <paragraph num="E."> <text>If a utility denies or disconnects service pursuant to this regulation, the utility shall notify the individual in writing of the reason for the denial or disconnection including the facts or circumstances upon which the utility bases its determination that service should be denied or disconnected.</text> </paragraph> <paragraph num="F."> <text>An individual who disputes the proposed denial or disconnection shall do so in accordance with the provisions of COMAR 20.32.01.</text> </paragraph> <paragraph num="G."> <text>The Commission’s Consumer Affairs Division may direct a utility to connect service, if deemed safe, in a customer’s name during the pendency of an investigation if a utility denies an application for service due to an unpaid arrearage for unauthorized use or tampering with equipment furnished and owned by the utility but does not provide the amount necessary to reconnect service within 3 business days of a filed complaint, provided that the applicant makes a payment to the utility:</text> <paragraph num="(1)"> <text>In an amount that represents 2/12 of the estimated charges for service for the ensuing 12 months; and</text> </paragraph> <paragraph num="(2)"> <text>Of any outstanding prior bill or in accordance with an alternate payment plan as described in COMAR 20.31.01.08 and agreed to by the utility.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Customer Deposits."> <text>Each utility may require from a customer a deposit to be applied against any unpaid balance due the utility for service at the time service is terminated, in accordance with the provisions of Subtitle 30 of this title.</text> </regulation> <regulation prefix="Regulation" num=".03" heading="Bill Forms."> <paragraph num="A."> <text>The bill forms shall show:</text> <paragraph num="(1)"> <text>The readings of all meters used for billing purposes at the end of the period for which the bill is rendered;</text> </paragraph> <paragraph num="(2)"> <text>The meter reading date;</text> </paragraph> <paragraph num="(3)"> <text>The number and kind of units metered;</text> </paragraph> <paragraph num="(4)"> <text>The applicable rate schedule, or identification of the applicable rate schedule, including any applicable seasonal rates;</text> </paragraph> <paragraph num="(5)"> <text>Any State or local surcharges;</text> </paragraph> <paragraph num="(6)"> <text>The applicable late payment charge, if any, separately stated or labelled a late payment charge, or a statement that the total amount due includes a late payment charge, and an explanation of the calculation of the date of applicability of the late payment charge;</text> </paragraph> <paragraph num="(7)"> <text>The total due, including any prior unpaid amount but excluding the current late payment charge;</text> </paragraph> <paragraph num="(8)"> <text>The date by which the customer shall pay the bill in order to avoid a late payment charge;</text> </paragraph> <paragraph num="(9)"> <text>A distinct marking to identify an estimated bill;</text> </paragraph> <paragraph num="(10)"> <text>Information concerning the customer's gas usage during the same billing period in the prior year;</text> </paragraph> <paragraph num="(11)"> <text>The utility's appropriate business address and telephone number for billing inquiries; and</text> </paragraph> <paragraph num="(12)"> <text>Any conversions from meter reading units to billing units, or any calculations to determine billing units from recording or other devices, and any other factors used in determining the bill.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Rate Schedule. If the actual rates are not shown on the bill form as required in §A(4) of this regulation, the bill shall carry a statement to the effect that the applicable rate schedule, including the actual seasonal, purchased gas or thermal adjustments, and the customer charge, will be furnished on request.</text> </paragraph> <paragraph num="C."> <text>The Commission may, for good cause, grant a waiver or exemption from provisions in this regulation. A utility may request a waiver or exemption by filing an application with the Commission which sets forth the facts and reasons for the waiver or exemption.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Billing Records."> <text>The utility shall retain customer billing records for the length of time necessary to permit the utility to comply with Regulation .05 of this chapter, but not less than 3 years.</text> </regulation> <regulation prefix="Regulation" num=".05" heading="Adjustment of Bills."> <paragraph num="A."> <text>Fast Meters.</text> <paragraph num="(1)"> <text>Whenever a meter is tested and found to have over-registered more than 2 percent, the utility shall recalculate the bills for service of the last customer of record receiving service through the meter and shall make a refund if the amount of the adjustment exceeds $1. The refund shall be for the period that the customer received service through the meter, but for not more than the periods established in §A(2) of this regulation.</text> </paragraph> <paragraph num="(2)"> <text>Known Date of Error. If the date on which the error first developed or occurred can be established, then the utility shall make a refund based on that known date. If the known date of error cannot be established, then it shall be assumed that the over-registration existed for a period of 3 years or a period equal to one-half of the time since the meter was last tested, whichever is less.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Non-registering Meters. Whenever a meter is found not to register, the utility may render an estimated bill.</text> </paragraph> <paragraph num="C."> <text>Slow Meters. Whenever a meter is found to be more than 2 percent slow, the utility may bill the customer one-half of the unbilled undercharge for a period of 12 months, unless the meter has been tested within that 12-month period, in which event the utility may bill the customer one-half the unbilled undercharge for the period since the meter was last tested. If the amount of under-registration is less than $5, the utility may not bill the customer for the undercharge.</text> </paragraph> <paragraph num="D."> <text>Accuracy Calculation. Billing adjustments due to fast or slow meters shall be calculated on the basis that the meter should be 100 percent accurate. For the purpose of billing adjustment, the meter error shall be the error at check flow.</text> </paragraph> <paragraph num="E."> <text>Overcharge--Undercharge Adjustment. When a customer has been overcharged or undercharged for services because of incorrect application of the rate schedule, incorrect calculation of charges, or other similar reasons, the amount of overcharge or undercharge adjustment shall be determined separately during the period of time the discrepancy occurred, in accordance with the following:</text> <paragraph num="(1)"> <text>Overcharge Adjustment. The total overcharge for the period the discrepancy occurred shall be refunded or credited to the customer, except for an overcharge resulting from an incorrect reading of the meter when the amount shall automatically be corrected in a subsequent billing based on the correct meter reading.</text> </paragraph> <paragraph num="(2)"> <text>Undercharge Adjustment.</text> <paragraph num="(a)"> <text>Unless authorized by the Commission, retroactive billing may not be for undercharging which occurred more than 12 months before the discovery of the error. A utility may seek the Commission's authorization for retroactive billing for undercharges which occurred more than 12 months but not more than 3 years before the discovery of the error if the customer knew, or reasonably should have known, that the bills were in error. The utility's request to the Commission shall be in writing and shall explain the factual basis for the request to the customer with a notice of the customer's right to write to the Commission, within 20 days, if the customer is in opposition to the request.</text> </paragraph> <paragraph num="(b)"> <text>If the total undercharge is more than 35 percent of the customer's average monthly bill during the preceding 3 months, the customer shall be allowed to enter into an installment plan to pay the total retroactive billing, without interest. In such a plan the monthly payments against the undercharge may not exceed 35 percent of the customer's average monthly bill during the preceding 3 months. However, if the installment plan will not recover within a 12-month period the total undercharge, the monthly payment may be equal to the total undercharge divided by 12 or a number greater than 12.</text> </paragraph> <paragraph num="(c)"> <text>Unless otherwise authorized by the Commission, the utility may deny service for nonpayment only for that portion of the undercharge applicable to the 4 months immediately before the discovery of the error.</text> </paragraph> </paragraph> </paragraph> <paragraph num="F."> <text>If requested by a customer, a utility shall provide means by which any undercharge may be paid in installments over a reasonable period of time, but not less than the same time period in which any undercharges were incurred.</text> </paragraph> <paragraph num="G."> <text>Theft of Service.</text> <paragraph num="(1)"> <text>If a meter is found not to register, in whole or in part, due to tampering or interference with the company’s material, equipment, or facilities, the utility may issue an estimated bill.</text> </paragraph> <paragraph num="(2)"> <text>The company shall retain all information relied on to calculate the estimated bill for not less than 3 years or until the conclusion of a Commission investigation, whichever is longer.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".06—.08" heading="Repealed." /> <regulation prefix="Regulation" num=".09" heading="Customer Piping."> <text>If local authorities require an inspection of customer's piping, the utility may not provide a customer with gas service until the inspecting authority certifies that the piping conforms to the applicable code.</text> </regulation> <regulation prefix="Regulation" num=".10" heading="Investigation of Complaints."> <text>The utility shall investigate promptly and thoroughly any complaint concerning its charges, practices, facilities, or service.</text> </regulation> <regulation prefix="Regulation" num=".11" heading="Records of Complaints."> <text>The utility shall keep such records of customer complaints as will enable it to review and analyze its procedures and actions as an aid in rendering improved service.</text> </regulation> <regulation prefix="Regulation" num=".12" heading="Rights-of-Way."> <paragraph num="A."> <text>Grading. Rights-of-way, easements, and service routes shall be cleared and graded to within 6 inches of final grade by the applicant, including certification by the applicant that the grade has been achieved before the utility will commence construction. The clearing and grading shall be maintained by the applicant during construction by the utility. (Agency note: Applicant is either company or customer.)</text> </paragraph> <paragraph num="B."> <text>Change in Grade. If, subsequent to construction, the clearance or grade is changed in such a manner as to require relocation of pipelines or other facilities, the cost of the relocation shall be borne by the applicant or his successor.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Public Utilities Article, §§2-113, 2-121, 5-101, and 7-301, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: July 1, 1964 (Order No. 55567)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective October 21, 1974 (Order No. 60922)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01D amended effective September 21, 2009 (36:19 Md. R. 1438)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01F amended effective March 6, 1989 (16:4 Md. R. 498)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01-1 adopted effective November 18, 1985 (12:23 Md. R. 2225); amended effective July 28, 1986 (13:15 Md. R. 1736)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01-2 adopted effective April 21, 1986 (13:8 Md. R. 905); amended effective July 28, 1986 (13:15 Md. R. 1736)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01-2A amended effective May 10, 1993 (20:9 Md. R. 780)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01-2G adopted effective August 29, 2016 (43:17 Md. R. 957)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02 amended effective January 23, 1981 (8:2 Md. R. 117)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 amended effective November 18, 1985 (12:23 Md. R. 2225)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05 amended effective November 18, 1985 (12:23 Md. R. 2225); April 21, 1986 (13:8 Md. R. 905); February 7, 2000 (27:2 Md. R. 145)</annotation> <annotation type="History" subtype="Administrative History">Regulations .06—.08 repealed effective October 14, 1991 (18:20 Md. R. 2200)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05G adopted effective August 29, 2016 (43:17 Md. R. 957)</annotation> <annotation type="History" subtype="Administrative History">Regulation .13 adopted effective August 6, 1976 (Order No. 61881)</annotation> <annotation type="History" subtype="Administrative History">Regulation .13 repealed effective November 18, 1985 (12:23 Md. R. 2225)</annotation> </annotations> </chapter> <chapter num="05" heading="Metering Requirements — General"> <regulation prefix="Regulation" num=".01" heading="Metering of Gas."> <paragraph num="A."> <text>Customer Use. All gas sold by a utility shall be on the basis of meter measurement, except for installations where the usage is constant and the consumption may readily be computed, or as provided for in its filed rates.</text> </paragraph> <paragraph num="B."> <text>Utility Use. Wherever practicable, consumption of gas within the utility itself, or by administrative units associated with it, shall be metered, except for installations where the usage is constant and the consumption may readily be computed.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Commission Approval."> <paragraph num="A."> <text>Meters. Before any meter may be installed for use for revenue billing purposes, the type and design of the meter shall be approved by the Commission.</text> </paragraph> <paragraph num="B."> <text>Correcting Devices. Before any pressure or temperature device may be used for the purpose of correcting the registration of a meter, the type and design of the device or devices shall be approved by the Commission.</text> </paragraph> <paragraph num="C."> <text>Testing Equipment. Before any type of prover or other item of testing equipment may be used to test meters and associated devices, the type and design of the provers or testing equipment shall be approved by the Commission.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Metering Installations."> <paragraph num="A."> <text>Condition. A meter may not be installed if it is mechanically defective, has incorrect constants, or has not been tested, and adjusted if necessary.</text> </paragraph> <paragraph num="B."> <text>Capacity. The capacity of the metering installation and the index mechanism should be consistent with the gas requirements of the customer.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Meter Multiplier."> <text>If it is necessary to apply a multiplier such as 10, 100, 1000, etc. to a meter reading to obtain the actual consumption, the information shall be shown on the face of the meter register.</text> </regulation> <regulation prefix="Regulation" num=".05" heading="Meter Reading Interval."> <text>Meters shall be read at approximate monthly intervals, unless otherwise authorized by the Commission.</text> </regulation> <regulation prefix="Regulation" num=".06" heading="Meter Reading Records."> <text>The meter reading sheets, cards, or records from which bills are prepared shall show:</text> <paragraph num="A."> <text>Customer's name, address, and rate schedule;</text> </paragraph> <paragraph num="B."> <text>Identifying number or description of the meter;</text> </paragraph> <paragraph num="C."> <text>Meter readings;</text> </paragraph> <paragraph num="D."> <text>Date of meter reading;</text> </paragraph> <paragraph num="E."> <text>If the reading has been estimated;</text> </paragraph> <paragraph num="F."> <text>Any applicable fixed multiplier or constant.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Inventory Records."> <text>Each utility shall maintain records of each meter and associated metering device which will identify each item as to its design, capacity, and application. The identifying information may include, as applicable: manufacturer, number, type, capacity, multiplier, constants, pressure rating, and compensated index with associated pressure.</text> </regulation> <regulation prefix="Regulation" num=".08" heading="History Records."> <text>Each utility shall maintain records for each meter and associated metering device, which shall show, as applicable, the date of installation, the date of removal from service, and the location at the present address.</text> </regulation> <regulation prefix="Regulation" num=".09" heading="Test Records."> <text>Each utility shall maintain the latest test records for each meter which shall include the following:</text> <paragraph num="A."> <text>The date and reason for the test;</text> </paragraph> <paragraph num="B."> <text>The reading of the meter before making any test;</text> </paragraph> <paragraph num="C."> <text>The proof “as found” at check flow;</text> </paragraph> <paragraph num="D."> <text>The proof “as left” at check and full rated flow; and</text> </paragraph> <paragraph num="E."> <text>If a test of the meter is made by using a working standard other than a bell prover, the utility shall retain all data taken at the time of the test in sufficiently complete form to permit the convenient checking of the test methods and the calculations.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Public Utilities Article, §§2-121, 5-101, and 7-301, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: July 1, 1964 (Order No. 55567)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective October 21, 1974 (Order No. 60922)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06F amended effective February 7, 2000 (27:2 Md. R. 146)</annotation> </annotations> </chapter> <chapter num="06" heading="Metering Test Facilities and Equipment"> <regulation prefix="Regulation" num=".01" heading="Meter Shop."> <paragraph num="A."> <text>Meter Shop. Each utility shall maintain or designate a meter shop for the purpose of inspecting, testing, and repairing meters. The shop shall be open for inspection by authorized representatives of the Commission at all reasonable times, and the facilities and equipment, as well as the methods of making the measurements and tests employed, shall be subject to the approval of the Commission.</text> </paragraph> <paragraph num="B."> <text>Temperature Control. The area within the meter shop used for the testing of meters shall be designed so that the meters and meter testing equipment are protected from drafts and excessive changes of temperature. The meter shop shall be air-conditioned, if necessary, in order to achieve satisfactory temperature control.</text> </paragraph> <paragraph num="C."> <text>Meter Storage. Unless the proving equipment corrects for temperature differences, the meters to be tested shall be stored in such manner that, at the time of the test, the temperature of the meters is substantially the same as the temperature of the prover.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Provers and Attachments."> <paragraph num="A."> <text>Required. Each utility shall own and maintain, or have access to, one or more calibrated meter provers of appropriate size, and all other equipment necessary to test meters.</text> </paragraph> <paragraph num="B."> <text>Temperature Control of Bell Provers. Means shall be provided to maintain the temperature of the liquid in the bell provers at substantially the same level as the air temperature in the prover room. The maximum difference in temperature should not be more than 2°F.</text> </paragraph> <paragraph num="C."> <text>Accuracy.</text> <paragraph num="(1)"> <text>Each meter prover shall be maintained in good condition, in correct adjustment, and accurate to within ±0.3 percent at each point used in testing meters.</text> </paragraph> <paragraph num="(2)"> <text>A prover shall be calibrated at least once every 3 years and if moved or disassembled.</text> </paragraph> <paragraph num="(3)"> <text>The accuracy of a bell prover shall be determined by one or more of the methods indicated below:</text> <paragraph num="(a)"> <text>By comparison to a 1 cubic foot standard calibrated by the National Institute of Standards and Technology;</text> </paragraph> <paragraph num="(b)"> <text>By comparison to an approved transfer standard for a bell prover in excess of 5 cubic feet; or</text> </paragraph> <paragraph num="(c)"> <text>By strapping the bell prover with a calibrated tape whose accuracy is traceable to the National Institute of Standards and Technology.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>The accuracy of any other type of prover shall be determined by appropriate standards traceable to the National Institute of Standards and Technology.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Attachments. A device used in conjunction with a prover is calibrated to the following accuracy standards:</text> <paragraph num="(1)"> <text>If the accuracy of the attachment is determined independently of the system accuracy it shall be within ±0.2 percent; or</text> </paragraph> <paragraph num="(2)"> <text>If the accuracy of the system includes the accuracy of the attachment the system accuracy shall be within ±0.3 percent at each point used in testing meters.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Other Working Standards."> <paragraph num="A."> <text>Approved. Utilities may test meters by other methods approved by the Commission or by use of other working standards approved by the Commission.</text> </paragraph> <paragraph num="B."> <text>Accuracy. The approved working standards shall be maintained in good condition and correct adjustment, shall have a high degree of repeatability, and shall be capable of determining the actual proof of the meter under test to within ±0.5 percent at rates of flow between 15 percent and 100 percent of rated capacity of the meter under test.</text> </paragraph> <paragraph num="C."> <text>Test Period. The approved working standards shall be tested for accuracy by comparison with an acceptable standard at least once each 3 years.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Pressure Test Equipment."> <text>Each utility which corrects meter readings to compensate for pressure shall have dead weight testers, test quality electronic pressure transducer gauges, test quality precision type bourdon tube spring gauges, mercury manometers, or field type dead weight pressure gauges as necessary for the proper testing of the pressure correcting devices.</text> </regulation> <regulation prefix="Regulation" num=".05" heading="Temperature Test Equipment."> <text>Each utility which corrects meter readings to compensate for temperature shall have accurate thermometers and other equipment as necessary for the proper testing of the temperature correcting devices.</text> </regulation> <regulation prefix="Regulation" num=".06" heading="Certificates."> <text>Each standard shall be accompanied at all times by a certificate or calibration card, duly signed and dated, on which are recorded the corrections required to compensate for errors found at the customary test points at the time of the last previous test.</text> </regulation> <regulation prefix="Regulation" num=".07" heading="Care in Handling."> <text>Care shall be exercised in the use and handling of test equipment to assure that the accuracy is not impaired.</text> </regulation> <annotations> <annotation type="Authority">Public Utilities Article, §§2-121, 5-101, and 7-301, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: July 1, 1964 (Order No. 55567)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective October 21, 1974 (Order No. 60922)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01C amended effective February 7, 2000 (27:2 Md. R. 146)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02 amended effective May 5, 1986 (13:9 Md. R. 1032); February 7, 2000 (27:2 Md. R. 146)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03A amended effective February 7, 2000 (27:2 Md. R. 146)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04 amended effective February 7, 2000 (27:2 Md. R. 146)</annotation> </annotations> </chapter> <chapter num="07" heading="Metering Tests"> <regulation prefix="Regulation" num=".01" heading="Test Procedures."> <paragraph num="A."> <text>General. The test of any meter or associated devices, or both, shall consist of a comparison of its accuracy with the accuracy of a working standard or may consist of other methods referenced in these regulations.</text> </paragraph> <paragraph num="B."> <text>Test Equipment Capacity. The test equipment shall be of sufficient capacity and ranges to test meters or associated devices, or both, under the conditions specified in Regulation .02 of this chapter.</text> </paragraph> <paragraph num="C."> <text>Accepted Good Practice. The Commission will use the applicable provisions of the publications listed in COMAR 20.55.02.02 as criteria of accepted good practice in the testing of meters.</text> </paragraph> <paragraph num="D."> <text>Bell Provers. Bell provers may be used to test diaphragm, rotary, and turbine type meters. A prover that is used to test rotary and turbine type meters shall be properly automated and have a satisfactory readout. The test shall consist of passing a specific volume of air through the prover and the meter. The accuracy or proof is either read or calculated from the prover scale or the readout.</text> </paragraph> <paragraph num="E."> <text>Working Standards Other Than Bell Provers. Approved working standards other than bell provers may be used to test diaphragm, rotary, and turbine type meters. The meter to be tested is connected to the approved working standard so that the same volume of air, either under pressure or vacuum, passes through both. The uncorrected accuracy is calculated or read directly from the readout on the working standard. Corrections shall be made for pressure and temperature differentials between the meter under test and the working standard to determine the corrected accuracy.</text> </paragraph> <paragraph num="F."> <text>Rotary Displacement Meters. Rotary meters on which an original test record of the differential pressures is established as soon as practicable, but not longer than 6 months, after installation may subsequently be tested by comparing the new differential pressures with the original test record. This subsequent test may be in lieu of normal testing with a meter prover or other approved working standard. In establishing the original test record, the pressure differential shall be recorded at two or more load levels, with the minimum being no less than 10 percent of the rated capacity at the operating pressure of the meter. The meters shall be given a differential pressure test at least once every 5 years. When the test differential pressure differs from the original test record by more than 50 percent, the meter may not be used for measurement for revenue billing purposes until, by cleaning or repairing, the differential pressure is not more than 50 percent in excess of the original test record. If the differential pressure cannot be brought within the above limits by cleaning or repairing, the meter shall be removed from service and replaced with an accurate meter. The differential pressure test may not be used as a periodic test on rotary meters on which the results of a differential pressure test would not be conclusive, such as meters connected to loads which are less than 10 percent of the rated capacity of the meters.</text> </paragraph> <paragraph num="G."> <text>Pressure Correcting Devices.</text> <paragraph num="(1)"> <text>The test of a pressure correcting device shall consist of driving the mechanism or by direct comparison of device measured pressure while the pressure element is actuated. A dead weight tester or regulated air or gas pressure may be used to actuate the pressure element. If regulated air or gas pressure is used, a pressure gauge having an accuracy of ±0.25 percent of full scale shall be used to indicate the pressure on the element.</text> </paragraph> <paragraph num="(2)"> <text>The accuracy is calculated by comparing the correction factor applied by the correcting device with the correction factor that should be applied for the pressure at which the test was made.</text> </paragraph> </paragraph> <paragraph num="H."> <text>Temperature Correcting Devices.</text> <paragraph num="(1)"> <text>The test of a temperature correcting device shall consist of driving the mechanism or by direct comparison of device-measured temperature while the temperature sensor is immersed in a temperature bath containing a precision thermometer that has an accuracy of ±0.5°F.</text> </paragraph> <paragraph num="(2)"> <text>Specific, reasonably constant temperatures are applied to the temperature sensor. The temperatures used may be the operating (flowing gas) temperature, ambient temperature, and an ice bath (32°F). The device shall be tested at not less than 2 points, preferably with temperatures at least 20°F apart. The accuracy is calculated by comparing the correction factor applied by the correcting device with the correction factor that should be applied for the temperature at which the test was made.</text> </paragraph> </paragraph> <paragraph num="I."> <text>Timing Devices. The test of a timing device shall consist of precisely synchronizing the timing device and the working standard at the start of the test time interval. At the end of the test time interval the working standard is stopped and the reading recorded. The accuracy is calculated by comparing the actual time elapsed with the test time interval.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Accuracies."> <paragraph num="A."> <text>Use of Tolerances. All tolerances are to be interpreted as maximum permissible variation from the condition of zero error. In making adjustments, no advantage of the prescribed tolerance limits may be taken to set meters fast.</text> </paragraph> <paragraph num="B."> <text>Reading and Recording Data.</text> <paragraph num="(1)"> <text>Maximum Readability. In any test or calibration, the devices or instruments used in the test or calibration shall be read to the maximum degree of readability.</text> </paragraph> <paragraph num="(2)"> <text>Degree of Accuracy. The degree of accuracy achieved in the calculations involved in determining the accuracy of a meter, prover, device, or instrument in any test or calibration shall be consistent with the purpose for which the resultant accuracy is to be used.</text> </paragraph> <paragraph num="(3)"> <text>Recording. The final accuracy or proof shall be recorded to the nearest 0.5 percent.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Overall Accuracies. The overall accuracy or proof of a meter and an associated device, which affects the meter readings for billing purposes, may not be more than 0.5 percent fast or more than 1.5 percent slow.</text> </paragraph> <paragraph num="D."> <text>Diaphragm Type Meters. Diaphragm meters may not be placed or left in service unless found upon test to comply with the following:</text> <paragraph num="(1)"> <text>The meter may not be more than 0.5 percent fast nor more than 1.5 percent slow at check flow or at full rated flow.</text> </paragraph> <paragraph num="(2)"> <text>The proof at full rated flow may not differ from the proof at check flow by more than 1 percent.</text> </paragraph> <paragraph num="(3)"> <text>When air is used for testing meters, the rate of flow shall be adjusted to compensate for the difference in the specific gravity of air and the specific gravity of gas.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Rotary Type Meters. Rotary type meters shall be tested at not less than 15 percent of full rated flow. A utility may not install a rotary meter which is more than 0.5 percent fast or more than 1.5 percent slow at the points of test.</text> </paragraph> <paragraph num="F."> <text>Turbine Type Meters. Turbine type meters shall be tested at not less than 15 percent of full rated flow. The meters may not be more than 0.5 percent fast or more than 1.5 percent slow at the points of test.</text> </paragraph> <paragraph num="G."> <text>Pressure Correcting Devices. Pressure correcting devices may not be more than 0.5 percent fast or more than 1.5 percent slow in the pressure range for which the instrument is intended to be used.</text> </paragraph> <paragraph num="H."> <text>Temperature Correcting Devices. Temperature correcting devices may not be more than 0.5 percent fast or more than 1.5 percent slow at the points at which they are tested.</text> </paragraph> <paragraph num="I."> <text>Timing Devices. Timing devices may not have an error more than 0.25 percent.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Pre-Installation Tests."> <paragraph num="A."> <text>Meter Condition. Before a meter may be installed for revenue billing purposes the utility shall inspect and test the meter, and adjust it if necessary, so that its proof is within the tolerances specified in Regulation .02.</text> </paragraph> <paragraph num="B."> <text>Sample Testing New Meters. New meters may be sample tested for proof in accordance with a utility's sample plan of testing acceptable to the Commission.</text> </paragraph> <paragraph num="C."> <text>Leak Test.</text> <paragraph num="(1)"> <text>The meter may not leak when subjected to pressure and checked for leaks by:</text> <paragraph num="(a)"> <text>Immersion;</text> </paragraph> <paragraph num="(b)"> <text>Soap test; or</text> </paragraph> <paragraph num="(c)"> <text>A pressure drop test of a type acceptable to the Commission.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Tinned Steel Case Meters. Each meter shall be subjected to an internal pressure of at least 2 psig when testing for leaks.</text> </paragraph> <paragraph num="(3)"> <text>Iron or Aluminum Case Meters. Iron or aluminum case meters shall be tested at a pressure at least 50 percent above operating pressure. The meters may be sample tested in accordance with the plan described in §B. If one or more meters in the sample is found to leak, additional testing shall be done as described in §B.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Commission Test. A representative of the Commission will check the condition of meters in the meter shop of the utility from time to time by testing random samples of meters ready for installation.</text> </paragraph> <paragraph num="E."> <text>Re-test. When any meter is inactive, whether installed in service or not, for a period of 2 years or longer, it shall be tested, and adjusted if necessary before being placed in service again.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Request Tests."> <paragraph num="A."> <text>Request For Test. Upon request by a customer and at no charge, the utility shall make a test of the accuracy of registration of the meter serving the customer, provided that these tests need not be made more frequently than once in 18 months.</text> </paragraph> <paragraph num="B."> <text>Customer May Observe. The customer, or his representative, may be present when the meter is tested.</text> </paragraph> <paragraph num="C."> <text>Report to Customer. A report of the results of the test shall be made to the customer within a reasonable time after the completion of the test, and a record of the report, together with a complete record of the test, shall be kept on file at the office of the utility for at least 3 years.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Referee Tests."> <paragraph num="A."> <text>Application For Test. Upon written application to the Commission by a customer or a utility, a test will be made of the customer's meter as soon as practicable by a representative of the Commission, provided that these tests need not be made more frequently than once in 18 months.</text> </paragraph> <paragraph num="B."> <text>Deposit For Test. The application shall be accompanied by a deposit as indicated: Gas meter—$10.</text> </paragraph> <paragraph num="C."> <text>Notice to Utility. On receipt of the request from a customer, the Commission will notify the utility and the utility may not knowingly remove or adjust the meter until instructed by the Commission. The utility shall furnish to the Commission's representative such reasonable assistance as may be required to make the test.</text> </paragraph> <paragraph num="D."> <text>Customer May Observe. The customer, or his representative, may be present when the meter is tested.</text> </paragraph> <paragraph num="E."> <text>Report to Customer. A written report of the results of the test will be sent to the customer and to the utility.</text> </paragraph> <paragraph num="F."> <text>Disposition of Deposit. If the meter is found to over-register more than 2 percent, calculated in accordance with COMAR 20.55.04.05D and Regulation .02B(3) of this chapter, the deposit shall be refunded by the Commission and the utility billed the amount of the deposit. If the meter is found to be not more than 2 percent fast, the deposit will be retained and disposed of according to law.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="As Found Tests."> <text>Meters or associated metering devices, or both, shall be tested before they are adjusted, repaired, or retired.</text> </regulation> <regulation prefix="Regulation" num=".07" heading="In-Service Performance Test Program."> <paragraph num="A."> <text>Test Program. A utility in-service performance test program shall be designed to automatically adjust the number of meters required to be tested by a utility based solely on the performance of the utility's meters. In-service performance tests shall be made in accordance with the requirements of COMAR 20.55.02.02B.</text> </paragraph> <paragraph num="B."> <text>Location of Tests. In-service performance tests may be made on the customer's premises, in the utility's shop, or in an approved meter shop.</text> </paragraph> <paragraph num="C."> <text>Analysis of Meter Tests.</text> <paragraph num="(1)"> <text>By Commission. The Commission will review the annual reports of meter test results.</text> </paragraph> <paragraph num="(2)"> <text>By Utility. Each utility shall analyze its meter test results for the purpose of identifying the meter types which have poor accuracy characteristics.</text> </paragraph> </paragraph> </regulation> <annotations> <annotation type="Authority">Public Utilities Article, §§2-121, 5-101, 7-301, and 7-302, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: July 1, 1964 (Order No. 55567)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective October 21, 1974 (Order No. 60922)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05A, B amended effective May 5, 1986 (13:9 Md. R. 1032)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective February 7, 2000 (27:2 Md. R. 146)</annotation> </annotations> </chapter> <chapter num="08" heading="Quality of Service"> <regulation prefix="Regulation" num=".01" heading="Purity Requirements."> <text>All gas supplied to customers shall be substantially free of impurities which may cause corrosion of mains or piping or form corrosive or harmful fumes when burned in a properly designed and adjusted burner.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Pressure Limits."> <text>The operating pressure on a low pressure distribution system shall be such that it will not cause unsafe operation of any connected and properly adjusted low pressure gas burning equipment.</text> </regulation> <regulation prefix="Regulation" num=".03" heading="Pressure Surveys and Records."> <paragraph num="A."> <text>Pressure Measurements. Each utility shall make a sufficient number of pressure measurements using recording pressure gauges so that it will have a substantially accurate knowledge of the pressures provided to its customers.</text> </paragraph> <paragraph num="B."> <text>Pressure Records. Pressure records obtained in complying with this regulation shall be retained by the utility for at least 2 years and shall be available for inspection by the Commission's representatives. Notations on each record shall indicate the following:</text> <paragraph num="(1)"> <text>The location where the pressure check was made; and</text> </paragraph> <paragraph num="(2)"> <text>The time and date of the check.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Heating Value Limits."> <text>When the heating value of the gas distributed in the system is under the control of the utility, the following limits shall apply:</text> <paragraph num="A."> <text>Daily Btu. The average heating value on any one day may not exceed or fall below the total heating value (see COMAR 20.55.03.03B(2)) by more than 5 percent, except that the heating value may be increased by more than 5 percent during peak shaving or emergency operations in order to maintain the proper combustibility of the gas supplied to the customer.</text> </paragraph> <paragraph num="B."> <text>Monthly Average Btu. The monthly average heating value shall be not less than the total heating value filed in the utility's tariff.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Heating Value Determination and Records."> <paragraph num="A."> <text>Calorimeter or Chromatograph.</text> <paragraph num="(1)"> <text>The utility shall provide, or designate, a calorimeter, chromatograph, or other device of a type acceptable to the Commission for the regular determination of the heating value of the gas sold.</text> </paragraph> <paragraph num="(2)"> <text>Installation. The equipment used to determine heating value shall be installed in a suitably located testing station acceptable to the Commission and subject to its inspection.</text> </paragraph> <paragraph num="(3)"> <text>Accuracy. The accuracy of all equipment used to determine heating value, as well as the method of making heating value tests, shall be acceptable to the Commission. Recording calorimeters or other equipment used to determine heating value shall be tested with a standard gas at least once each month.</text> </paragraph> <paragraph num="(4)"> <text>Records. Heating value test records shall be preserved for at least 3 years.</text> </paragraph> </paragraph> <paragraph num="B."> <text>LP-Air. The utility shall determine the heating value of LP-Air once each hour when LP-Air is being injected into the distribution system.</text> </paragraph> <paragraph num="C."> <text>Natural Gas and LPG. The utility shall determine the heating value of natural gas and undiluted LPG at least once each month, except that utilities selling gas subject to a thermal adjustment shall determine the heating value at least twice each day and shall make the tests during the period of the morning and afternoon peak demands.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Interruption of Service."> <paragraph num="A."> <text>Endeavor to Avoid Interruptions. Each utility shall make reasonable efforts to avoid interruptions of service, but when interruptions occur, service shall be re-established within the shortest time practicable, consistent with safety.</text> </paragraph> <paragraph num="B."> <text>Notification to Commission. Each utility shall notify the Commission by telephone or telegraph of any interruption to the service of a major portion of its distribution system.</text> </paragraph> <paragraph num="C."> <text>Planned Interruptions. Planned interruptions shall be made at a time that will not cause unreasonable inconvenience to customers and shall be preceded by adequate notice to those who will be affected.</text> </paragraph> <paragraph num="D."> <text>Record of Interruptions. Each utility shall keep records of interruptions of service on its system and shall make an analysis of the records for the purpose of determining steps to be taken to prevent recurrence of interruptions. The records should include the following information concerning the interruptions:</text> <paragraph num="(1)"> <text>Cause;</text> </paragraph> <paragraph num="(2)"> <text>Date and time; and</text> </paragraph> <paragraph num="(3)"> <text>Duration.</text> </paragraph> </paragraph> </regulation> <annotations> <annotation type="Authority">Public Utilities Article, §§2-121 and 5-101, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: July 1, 1964 (Order No. 55567)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective October 21, 1974 (Order No. 60922)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04A amended effective May 6, 1986 (13:9 Md. R. 1033)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05 amended effective February 7, 2000 (27:2 Md. R. 146)</annotation> </annotations> </chapter> <chapter num="09" heading="Safety"> <regulation prefix="Regulation" num=".01" heading="Protective Measures."> <paragraph num="A."> <text>Exercise Reasonable Care. Each utility or gas master meter operator shall exercise reasonable care to reduce the hazards to which its employees, its customers, its contractors, and the general public may be subjected.</text> </paragraph> <paragraph num="B."> <text>Investigation by Commission. The utility or gas master meter operator shall give reasonable assistance to the Commission in the investigation of the cause of accidents and in the determination of suitable means of preventing accidents.</text> </paragraph> <paragraph num="C."> <text>Record of Accidents. Each utility or gas master meter operator shall maintain a summary of all reportable accidents arising from its operations or from contractor operations.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Safety Program."> <paragraph num="A."> <text>Adopt Safety Program. Each utility, including its contractors, shall adopt and execute a safety program, fitted to the size and type of its operations.</text> </paragraph> <paragraph num="B."> <text>Use Suitable Tools and Equipment. Each utility or gas master meter operator may require its employees and contractors to use suitable tools and equipment in order that they may perform their work in a safe manner.</text> </paragraph> <paragraph num="C."> <text>Promote Safe Work Methods. Each utility or gas master meter operator may instruct its employees and contractors in safe methods of performing their work.</text> </paragraph> <paragraph num="D."> <text>Instruct In Artificial Respiration. Each utility should instruct its employees and contractors who, in the course of their work, are subject to the hazard of electric shock, asphyxiation, or drowning, in accepted methods of artificial respiration.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Customer Piping."> <paragraph num="A."> <text>Before permitting the use of gas at any location, the piping shall be tested for tightness and leaks in accordance with Part 4 of the American National Standard “National Fuel Gas Code”, ANSI Z223.1 (1988), which is incorporated by reference under COMAR 20.55.02.02.</text> </paragraph> <paragraph num="B."> <text>Pressure Test. Before any system of gas piping is finally put in service, it shall be tested for tightness and certified by the proper inspection authority that the test has been made.</text> </paragraph> <paragraph num="C."> <text>Leakage Test. Before turning gas into any piping, it shall be tested for leaks.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Gas Leaks."> <text>Each utility or gas master meter operator shall respond promptly to all reports of gas leaks. The response shall include investigating the reports of gas leaks in accordance with COMAR 20.55.02.02B(1).</text> </regulation> <regulation prefix="Regulation" num=".05" heading="Gas Leakage Surveys."> <paragraph num="A."> <text>Procedures and Methods. Each utility or gas master meter operator shall establish procedures for making periodic gas leakage surveys as specified in these regulations. For residential customers with meters located outdoors, leakage surveys shall be performed up to the building entry. The leakage surveys shall be conducted by one or more of the following methods:</text> <paragraph num="(1)"> <text>Flame ionization;</text> </paragraph> <paragraph num="(2)"> <text>Combustible gas indicator and bar hole;</text> </paragraph> <paragraph num="(3)"> <text>Optical methane detector; or</text> </paragraph> <paragraph num="(4)"> <text>Other method approved by the Commission.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Frequency of Surveys.</text> <paragraph num="(1)"> <text>Leakage detection surveys shall be made at frequencies that comply with 49 CFR §§192.706 and 192.723, as amended, which are incorporated by reference, and the requirements of §B(2) and (3) of this regulation.</text> </paragraph> <paragraph num="(2)"> <text>Places of Public Assembly. Service lines to places of public assembly shall be leakage surveyed at least once each calendar year, but with intervals not exceeding 15 months. The customer shall cooperate with the company in the conduct of these tests as regards accessibility to meters and service lines.</text> </paragraph> <paragraph num="(3)"> <text>Cast iron, ductile iron, and cathodically unprotected steel pipelines shall be leak surveyed at least once every 3 years. Except as provided in §B(1) of this regulation, segments of these pipelines located inside a building shall be leak surveyed at least once every 5 years.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Field Operations.</text> <paragraph num="(1)"> <text>After a leak repair, a leakage survey shall be performed in accordance with COMAR 20.55.02.02B(1).</text> </paragraph> <paragraph num="(2)"> <text>When a utility service person enters a customer's premises for the purpose of inspecting or servicing any gas equipment (excluding meter reading), a leakage survey shall be conducted at appropriate locations, including atmosphere samples, and at all utility service entrances. In multiple-occupancy buildings, an individual apartment or dwelling unit shall constitute the customer's premises specified above. The customer shall cooperate with the company in the conduct of the tests as regards accessibility to meters and service lines.</text> </paragraph> <paragraph num="(3)"> <text>Leakage surveys shall be conducted on each new or replaced service line before being placed in service but after backfilling and after a reasonable period of gas pressurizing.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Leaks Without Presence of Odorant. A review system shall be established to continuously analyze and monitor the results of all leakage surveys specified in these regulations to determine any areas where leaks were detected without presence of odorant. Any areas so determined shall be leakage surveyed immediately to determine the possible extent of the area, and shall then be leakage surveyed at least annually as long as the condition of odorant absorption exists.</text> </paragraph> <paragraph num="E."> <text>Leak Repairs. Leaks located by leakage surveys shall be investigated promptly and corrective action initiated.</text> </paragraph> <paragraph num="F."> <text>Records of Surveys.</text> <paragraph num="(1)"> <text>Each utility or gas master meter operator shall maintain a record of each leak survey showing by location and date:</text> <paragraph num="(a)"> <text>Leaks detected;</text> </paragraph> <paragraph num="(b)"> <text>Severity of each leak; and</text> </paragraph> <paragraph num="(c)"> <text>Action taken to repair leaks.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>These records are to be kept as long as the segment of pipeline involved remains in service.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Odorization."> <paragraph num="A."> <text>Distinctive Odor Required. The odorant level throughout the entire company distribution system shall be sufficient so that gas is detectable at 1/10 of the lower explosive limit.</text> </paragraph> <paragraph num="B."> <text>Tests. A system to monitor the odorant level within the distribution system shall be installed and maintained to insure the requirements of §A of this regulation.</text> </paragraph> <paragraph num="C."> <text>Odorant Injection. On-site odorant injection or other recognized protection means shall be provided to prevent odor fading wherever necessary when new steel mains are installed, to insure the requirements of §A of this regulation.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Pipeline Location."> <paragraph num="A."> <text>Burial. All pipelines shall be buried a minimum of 24 inches, or 18 inches in solid rock, where the term solid rock indicates the necessity for blasting or the use of pneumatic equipment.</text> </paragraph> <paragraph num="B."> <text>Exceptions. Burial depths less than that specified but not less than 12 inches will be allowed if underground obstructions preclude those depths, if special line protection as accepted by the Commission is provided. The above requirements shall be applicable to existing pipelines within a reasonable period of time upon discovery of burial depth 12 inches or less, or of burial depths less than specified and deemed to be hazardous.</text> </paragraph> <paragraph num="C."> <text>Identification.</text> <paragraph num="(1)"> <text>Tracer wire shall be installed with all plastic pipe.</text> </paragraph> <paragraph num="(2)"> <text>When the open trenching method of pipeline construction is used, suitable identification tape shall be installed at a minimum of 12 inches above the top of the pipe.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Location of Residential Service Lines and Meters.</text> <paragraph num="(1)"> <text>Residential customer meters shall be placed as close to the exterior building wall as possible.</text> </paragraph> <paragraph num="(2)"> <text>Gas service may not be provided to new or renewed service lines if there is any underground pipeline after the meter, unless the pipeline carries gas only to gas utilization equipment located outdoors.</text> </paragraph> <paragraph num="(3)"> <text>If it is not possible to comply with §D(2) of this regulation, written permission shall be obtained from the Commission before placing the meter.</text> </paragraph> <paragraph num="(4)"> <text>If a residential service line is replaced, the new service line shall be installed as provided in §D(1)—(3) of this regulation.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Increasing Maximum Allowable Operating Pressure."> <text>A utility or gas master meter operator may not increase the maximum allowable operating pressure of a pipeline until it has submitted to the Engineering Division a copy of the written procedure required by 49 CFR §192.553(c), as amended, which is incorporated by reference.</text> </regulation> <annotations> <annotation type="Authority">State Government Article, §7-207(a); Public Utilities Article, §§2-113, 2-121, and 5-101; Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: July 1, 1964 (Order No. 55567)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective October 21, 1974 (Order No. 60922)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended effective January 15, 1996 (23:1 Md. R. 35)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02 amended effective February 7, 2000 (27:2 Md. R. 146)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02E adopted effective December 25, 1989 (16:25 Md. R. 2715)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03A amended effective December 25, 1989 (16:25 Md. R. 2715)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04 amended effective February 7, 2000 (27:2 Md. R. 146)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05A amended effective February 7, 2000 (27:2 Md. R. 146)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05A, F amended effective January 15, 1996 (23:1 Md. R. 35)</annotation> <annotation type="History" subtype="Administrative History">Regulation. 05B amended effective October 23, 1975 (Order No. 61510); January 23, 1981 (8:2 Md. R. 117); April 10, 1995 (22:7 Md. R. 538); March 26, 2007 (34:6 Md. R. 629)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07C amended effective March 19, 1990 (17:5 Md. R. 639)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07D adopted effective April 10, 1995 (22:7 Md. R. 538)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07D amended effective December 29, 1997 (24:26 Md. R. 1760)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08 adopted effective December 29, 1997 (24:26 Md. R. 1760)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08 amended effective March 26, 2007 (34:6 Md. R. 629)</annotation> </annotations> </chapter> <chapter num="10" heading="Work Approval"> <regulation prefix="Regulation" num=".01" heading="Scope."> <paragraph num="A."> <text>This chapter applies to gas company approval requirements for gas pipeline engineering plans or specifications for engineering work or services on designed projects after January 1, 2022.</text> </paragraph> <paragraph num="B."> <text>This chapter does not apply to small system operators with less complex gas distribution systems as determined in the Guidance Manual for Operators of Small Natural Gas Systems (US Department of Transportation, Pipeline and Hazardous Materials Safety Administration, Office of Pipeline Safety, January 2017), which is incorporated by reference in Regulation .03 of this chapter, except for small system operators with multiple pressure distribution main pipeline systems.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Covered project” means natural gas infrastructure project work that is designed and must be approved and stamped by a professional engineer licensed in Maryland.</text> </paragraph> <paragraph num="(2)"> <text>“District regulator awareness zone” means a delineated area around a district regulator station which is reasonably expected to encompass all control lines or other appurtenances necessary for continued safe operation and control where additional precautions are required to control work within the identified zone to minimize the risk of damage to critical facilities.</text> </paragraph> <paragraph num="(3)"> <text>“Division” has the meaning stated in COMAR 20.57.01.02B.</text> </paragraph> <paragraph num="(4)"> <text>“Gas company” has the meaning stated in COMAR 20.57.01.02B.</text> </paragraph> <paragraph num="(5)"> <text>“Noncovered project” means natural gas infrastructure project work that is designed and must be approved by a relevant qualified person.</text> </paragraph> <paragraph num="(6)"> <text>“Relevant qualified person” means a person such as an licensed professional engineer, subject matter expert, or other employee who possesses the necessary knowledge, experience, and skills regarding natural gas distribution systems to review and certify construction plans for accuracy, completeness, and correctness.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Incorporation by Reference."> <text>In this chapter, the following documents are incorporated by reference:</text> <paragraph num="A."> <text>Guidance Manual for Operators of Small Natural Gas Systems (US Department of Transportation, Pipeline and Hazardous Materials Safety Administration, Office of Pipeline Safety, January 2017); and</text> </paragraph> <paragraph num="B."> <text>49 CFR Part 192, Transportation of Natural and Other Gas By Pipeline: Minimum Federal Safety Standards, as amended.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Work Approval Requirements."> <paragraph num="A."> <text>Each gas company shall incorporate their work approval requirements for both covered and noncovered projects into their written operations and maintenance procedures under 49 CFR Part 192, Transportation of Natural and Other Gas By Pipeline: Minimum Federal Safety Standards, as amended, which is incorporated by reference in Regulation .03 of this chapter.</text> </paragraph> <paragraph num="B."> <text>Each gas company shall incorporate their training, initial qualification, and requalification requirements for a Relevant Qualified Person into their written operations and maintenance procedures under 49 CFR Part 192, Transportation of Natural and Other Gas By Pipeline: Minimum Federal Safety Standards, as amended, which is incorporated by reference in Regulation .03 of this chapter.</text> </paragraph> <paragraph num="C."> <text>Licensed professional engineers retained by a gas company shall have the necessary knowledge, experience, and skills regarding natural gas distribution systems to review and certify construction plans for accuracy, completeness, and correctness, but are not subject to §B of this regulation.</text> </paragraph> <paragraph num="D."> <text>The following types of designed natural gas infrastructure project work are designated as covered projects and require documented approval by a licensed professional engineer:</text> <paragraph num="(1)"> <text>New installation or modification that creates or alters the designed operating pressure of a district pressure regulator station or gate station.</text> </paragraph> <paragraph num="(2)"> <text>Installation of new or substantial reconfiguration of compressor stations.</text> </paragraph> <paragraph num="(3)"> <text>Installation, uprating, or abandonment of intrastate transmission lines.</text> </paragraph> <paragraph num="(4)"> <text>Any distribution main piping modifications or replacement work falling within the established district regulator awareness zones established by each operator.</text> </paragraph> <paragraph num="(5)"> <text>Any construction work on distribution mains which uprates the piping maximum allowable operating pressure.</text> </paragraph> <paragraph num="(6)"> <text>Installation of distribution mains, including replacements and extension projects, which attach to bridges or other engineered structures.</text> </paragraph> <paragraph num="(7)"> <text>Trenchless technology installations where the force used to pull the pipe and the path that the pipe follows while being pulled might result in damage to the pipe as a consequence of using that technology.</text> </paragraph> <paragraph num="(8)"> <text>Peak shaving facility installations and modifications or reconfigurations that would alter its pressure delivery characteristics.</text> </paragraph> <paragraph num="(9)"> <text>Any other designed natural gas infrastructure project work that presents a material risk of high consequence to public safety as determined by the gas company.</text> </paragraph> </paragraph> <paragraph num="E."> <text>All types of designed natural gas infrastructure project work not listed in §D of this regulation are designated as noncovered projects and require documented approval by a relevant qualified person.</text> </paragraph> <paragraph num="F."> <text>During emergencies, a relevant qualified person may approve a covered project, in which case documented licensed professional engineer approval shall be required as soon as practical after the emergency has been resolved.</text> </paragraph> <paragraph num="G."> <text>The Division may grant a waiver to the regulations in this chapter to a gas company for good cause.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Public Utilities Article, §§2-113, 2-121, 5-101, 7-207(a), and 7-301, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: June 14, 2021 (48:12 Md. R. 474)</annotation> </annotations> </chapter> </subtitle> <subtitle num="56" heading="Liquefied Petroleum Gas Systems"> <chapter num="01" heading="General Regulations"> <regulation prefix="Regulation" num=".01" heading="Scope."> <text>These regulations apply to LPG systems located in Maryland and to owners of these systems.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Definition of Terms."> <paragraph num="A."> <text>In this subtitle, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Accident” has the meaning stated in Public Utility Companies Article, §5-304, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(2)"> <text>“Accuracy” means the degree of conformity of a measure to a standard or true value.</text> </paragraph> <paragraph num="(3)"> <text>“Associated metering device” means an instrument used to adjust the quantity of gas measured by a meter, based on the measurement of the:</text> <paragraph num="(a)"> <text>Temperature of the gas passing through the meter;</text> </paragraph> <paragraph num="(b)"> <text>Pressure of the gas passing through the meter; or</text> </paragraph> <paragraph num="(c)"> <text>Temperature and pressure of the gas passing through the meter.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>“Check flow” means a flow of gas at 20—50 percent of the rated capacity of a meter.</text> </paragraph> <paragraph num="(5)"> <text>“Commission” means the Public Service Commission of Maryland.</text> </paragraph> <paragraph num="(6)"> <text>“Full rated flow” means a flow of gas at approximately 100 percent of the rated capacity of a meter.</text> </paragraph> <paragraph num="(7)"> <text>“Gas” means LPG in the vapor state.</text> </paragraph> <paragraph num="(8)"> <text>“LPG” means liquified petroleum gas which includes propane, or butane, or other combustible gases, or mixtures thereof.</text> </paragraph> <paragraph num="(9)"> <text>“LPG system” means an LPG service installation located in Maryland that provides service to:</text> <paragraph num="(a)"> <text>Ten or more customers by underground pipes from a LPG storage tank; or</text> </paragraph> <paragraph num="(b)"> <text>At least two but fewer than ten customers by underground pipes from a LPG storage tank, if a portion of the LPG system is located in a public place.</text> </paragraph> </paragraph> <paragraph num="(10)"> <text>“Meter” means a device used by an owner to measure a quantity of gas.</text> </paragraph> <paragraph num="(11)"> <text>“Owner” means the person, as defined in Public Utilities Article, §1-101, Annotated Code of Maryland, owning the LPG system.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="General Requirements."> <paragraph num="A."> <text>Each owner shall provide the Commission with the following information in writing:</text> <paragraph num="(1)"> <text>The location of each LPG system;</text> </paragraph> <paragraph num="(2)"> <text>The number of customers or dwelling units provided service by each LPG system; and</text> </paragraph> <paragraph num="(3)"> <text>The name, address, and telephone number of the office of the person responsible for each LPG system.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The information required by §A of this regulation shall be filed with the Public Service Commission under COMAR 20.07.01.01.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Incorporation by Reference."> <paragraph num="A."> <text>In this chapter, the following documents are incorporated by reference:</text> <paragraph num="(1)"> <text>49 CFR Part 191 Transportation of Natural Gas and Other Gas by Pipeline; Annual Reports, Incident Reports, and Safety Related Condition Reports, as amended;</text> </paragraph> <paragraph num="(2)"> <text>49 CFR Part 192 Transportation of Natural and Other Gas by Pipeline: Minimum Federal Safety Standards, as amended; and</text> </paragraph> <paragraph num="(3)"> <text>The applicable provisions in the GPTC Guide for Gas Transmission and Distribution Piping Systems, which is incorporated by reference under COMAR 20.55.02.02.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Each owner shall use as acceptable good engineering practice applicable provisions under §A(3) of this regulation.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Enforcement."> <paragraph num="A."> <text>Public Utilities Article, §§2-117(a), 5-101, 5-304, 12-101—12-113, and 13-203, Annotated Code of Maryland, shall apply to the owners of LPG systems to the extent ordered by the Commission.</text> </paragraph> <paragraph num="B."> <text>The Commission is an authorized agent of the United States Department of Transportation for the administration and enforcement of these regulations and those federal regulations that apply to LPG systems in this State.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Inspections and Tests."> <paragraph num="A."> <text>Upon reasonable notice, a representative of the Commission shall be given access to each LPG system in order to conduct tests or inspections to assure compliance with these regulations.</text> </paragraph> <paragraph num="B."> <text>Routine inspections of the LPG systems shall be made during regular business hours and may be inspected at any time in the event of an emergency or incident.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Gas Leak Surveys."> <paragraph num="A."> <text>Frequency of Leak Surveys. Each owner shall conduct a gas leak survey of a LPG pipeline system in accordance with the following schedule:</text> <paragraph num="(1)"> <text>At least once each calendar year, at intervals not exceeding 15 months, for a pipeline located in a business district or place of public assembly;</text> </paragraph> <paragraph num="(2)"> <text>At least once every 3 calendar years, at intervals not exceeding 39 months, for a pipeline made of cast iron, ductile iron, and cathodically unprotected steel; or</text> </paragraph> <paragraph num="(3)"> <text>At least once every 5 calendar years, at intervals not exceeding 63 months, for all other types of pipelines.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Testing Methods.</text> <paragraph num="(1)"> <text>Each owner shall establish written procedures for conducting gas leak surveys as specified in this chapter.</text> </paragraph> <paragraph num="(2)"> <text>Acceptable methods for owners conducting gas leak surveys, as described in the GPTC Guide for Gas Transmission and Distribution Piping Systems, include:</text> <paragraph num="(a)"> <text>Subsurface gas detector survey, including bar hole surveys;</text> </paragraph> <paragraph num="(b)"> <text>Bubble leakage test for pipelines exposed to the atmosphere; or</text> </paragraph> <paragraph num="(c)"> <text>Pressure drop test.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>In addition to the acceptable methods listed in §B(2) of this regulation, other survey and test methods that have been tested and proven to be at least equal to the methods listed in §B(2) of this regulation and approved by the Commission may be used to meet the requirements of §B(1) of this regulation.</text> </paragraph> </paragraph> <paragraph num="C."> <text>A leak or leaks discovered by a gas leak survey conducted pursuant to this regulation shall be classified, and the appropriate action taken as described in the GPTC Guide For Gas Transmission and Distribution Piping Systems.</text> </paragraph> <paragraph num="D."> <text>Field Operations.</text> <paragraph num="(1)"> <text>An owner shall conduct a leakage survey on each new or replaced service line before the line is placed in service, but after backfilling and a reasonable period of gas pressurizing.</text> </paragraph> <paragraph num="(2)"> <text>After a leak repair, an owner shall conduct a gas leakage survey in accordance with §B of this regulation.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Records of Leak Surveys.</text> <paragraph num="(1)"> <text>An owner shall maintain a record of each leak survey listing by location and date for the following:</text> <paragraph num="(a)"> <text>Number of leaks detected;</text> </paragraph> <paragraph num="(b)"> <text>Severity of each leak; and</text> </paragraph> <paragraph num="(c)"> <text>Action taken to repair each leak.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>An owner shall maintain the records required under §E(1) of this regulation as long as the segment of pipeline involved remains in service.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Pipeline Location."> <paragraph num="A."> <text>Identification.</text> <paragraph num="(1)"> <text>An owner shall install tracer wire on all newly installed plastic pipes.</text> </paragraph> <paragraph num="(2)"> <text>When the open trenching method of pipeline construction is used, an owner shall install suitable identification tape at least 12 inches above the top of the pipe.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Location of Residential Service Lines and Meters.</text> <paragraph num="(1)"> <text>Residential customer meters shall be placed as close to the exterior building wall as possible.</text> </paragraph> <paragraph num="(2)"> <text>Gas service may not be provided to new or renewed service lines if there is any underground pipeline after the meter, unless the pipeline carries gas only to gas utilization equipment located outdoors.</text> </paragraph> <paragraph num="(3)"> <text>If it is not possible to comply with §B(1) or (2) of this regulation, written permission shall be obtained from the Commission before placing the meter and activating the service.</text> </paragraph> <paragraph num="(4)"> <text>If a residential service line is replaced, the new service line shall be installed as provided in §B(1)—(3) of this regulation.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".09" heading="Records and Reports."> <paragraph num="A."> <text>Each owner of a LPG system shall maintain records and provide reports to the Commission as required by this regulation.</text> </paragraph> <paragraph num="B."> <text>Fatal Accidents.</text> <paragraph num="(1)"> <text>In the event of a fatal accident, an owner shall promptly notify the Commission of the fatal accident by telephone.</text> </paragraph> <paragraph num="(2)"> <text>A written report shall be submitted to the Commission within 20 days of the date of the incident resulting in the fatal accident reported under §B(1) of this regulation.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Leaks in pipes or tanks that are hazardous to the public shall be reported immediately to the local central fire department communications center and to the Commission.</text> </paragraph> <paragraph num="D."> <text>Each owner shall submit to the Commission, on a quarterly basis, reports summarizing the leaks discovered, leak calls made pursuant to §C of this regulation, and the owner's responses to these events.</text> </paragraph> <paragraph num="E."> <text>All reports required to be filed with the United States Department of Transportation by 49 CFR 191 and 192 shall also be filed with the Commission.</text> </paragraph> <paragraph num="F."> <text>The Commission may require additional reports to be submitted to it by owners of LPG systems.</text> </paragraph> <paragraph num="G."> <text>Construction Notices.</text> <paragraph num="(1)"> <text>An owner shall notify the Commission in writing at least 10 days before the estimated start date of a major construction project.</text> </paragraph> <paragraph num="(2)"> <text>A major construction project includes:</text> <paragraph num="(a)"> <text>A new pressure-regulating station;</text> </paragraph> <paragraph num="(b)"> <text>A significant modification to gas supply equipment at an existing pressure-regulating station;</text> </paragraph> <paragraph num="(c)"> <text>A new propane plant;</text> </paragraph> <paragraph num="(d)"> <text>A significant modification to process equipment at an existing propane plant; or</text> </paragraph> <paragraph num="(e)"> <text>A new pipeline installation of 500 or more feet.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>The notification required by this regulation shall be on a form provided by the Commission.</text> </paragraph> </paragraph> </regulation> <annotations> <annotation type="Authority">Public Utilities Article, §§2-113, 2-117(a), 2-121, 5-101, 5-304, 7-301—7-302, 11-102, 12-101—12-113, and 13-203, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: September 13, 1982 (9:18 Md. R. 1801)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02 amended effective March 31, 2003 (30:6 Md. R. 422)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04 amended effective November 2, 1987 (14:22 Md. R. 2340)</annotation> <annotation type="History" subtype="Administrative History">Regulations .07 and .08 adopted effective October 11, 1982 (9:20 Md. R. 1982)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07C amended effective January 15, 1996 (23:1 Md. R. 36)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08E amended effective November 2, 1987 (14:22 Md. R. 2340)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective April 21, 2008 (35:8 Md. R. 809)</annotation> </annotations> </chapter> <chapter num="02" heading="Metering"> <regulation prefix="Regulation" num=".01" heading="Meter Requirements."> <paragraph num="A."> <text>Except for LPG systems installed before October 1, 2001, all customers shall be billed on the basis of the metered measurement of gas.</text> </paragraph> <paragraph num="B."> <text>The Commission shall approve any meter and associated metering device installed for billing purposes.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Meter Shop."> <text>Except for the test required by Regulation .03B(2) of this chapter, the tests required by Regulation .03 of this chapter shall be performed by a meter shop approved by the Commission.</text> </regulation> <regulation prefix="Regulation" num=".03" heading="Required Tests."> <paragraph num="A."> <text>General. Any meter test required by this regulation shall be made at both check flow and full rated flow.</text> </paragraph> <paragraph num="B."> <text>Preinstallation Test.</text> <paragraph num="(1)"> <text>Meter Accuracy.</text> <paragraph num="(a)"> <text>Except as provided in §B(3) of this regulation, the owner shall test a meter for accuracy before the meter is placed in service.</text> </paragraph> <paragraph num="(b)"> <text>The date of the accuracy test shall be within 2 years of the date the meter is placed in service.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Leak Test. An owner shall test a meter for leaks before the meter is placed in service.</text> </paragraph> <paragraph num="(3)"> <text>Sample Testing New Meters. An owner may sample test new meters for accuracy in accordance with a sample plan approved by the Commission.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Request Test.</text> <paragraph num="(1)"> <text>Request for Test. Upon request by a customer and at no charge, the owner shall test the accuracy of the meter and associated metering device, if installed, serving the customer. A test under this subsection need not be made more often than once in 18 months.</text> </paragraph> <paragraph num="(2)"> <text>Customer May Observe. The customer, or the customer's representative, may be present when the test is performed.</text> </paragraph> <paragraph num="(3)"> <text>Report to Customer. A report of the results of the test shall be made to the customer within a reasonable time after the completion of the test, and a record of the report, together with a complete record of the test, shall be kept on file at the office of the owner for at least 3 years.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Referee Test.</text> <paragraph num="(1)"> <text>Application for Test. Upon written application to the Commission by a customer or an owner, an accuracy test shall be made of the customer's meter and associated metering device, if installed, as soon as practicable by a representative of the Commission. A test under this subsection need not be made more often than once in 18 months.</text> </paragraph> <paragraph num="(2)"> <text>Deposit for Test. The application under §D(1) of this regulation shall be accompanied by a $10 deposit.</text> </paragraph> <paragraph num="(3)"> <text>Notice to Owner. On receipt of a request from a customer, the Commission shall notify the owner and the owner may not knowingly remove or adjust the meter and associated metering device, if installed, unless instructed by the Commission. The owner shall furnish to the Commission's representative reasonable assistance if required to make the test.</text> </paragraph> <paragraph num="(4)"> <text>Customer May Observe. The customer, or the customer's representative, may be present when the test is performed.</text> </paragraph> <paragraph num="(5)"> <text>Report to Customer. A written report of the results of the test shall be sent to the customer and to the owner.</text> </paragraph> <paragraph num="(6)"> <text>Disposition of Deposit. If the accuracy test shows an over-registration of more than 2 percent at check flow, a deposit shall be refunded by the Commission and the owner billed the amount of the deposit. If the accuracy test shows an under-registration or an over-registration of 2 percent or less at check flow, the Commission shall retain the deposit.</text> </paragraph> </paragraph> <paragraph num="E."> <text>In-Service Performance Test.</text> <paragraph num="(1)"> <text>An owner shall prepare and submit to the Commission an in-service performance plan.</text> </paragraph> <paragraph num="(2)"> <text>The Commission shall approve an owner's in-service performance plan before its implementation.</text> </paragraph> <paragraph num="(3)"> <text>An owner shall perform an in-service accuracy test of meters and associated metering devices, if installed, on a periodic interval or variable interval basis.</text> </paragraph> <paragraph num="(4)"> <text>Report.</text> <paragraph num="(a)"> <text>An owner shall prepare a report showing all in-service performance tests conducted during a calendar year.</text> </paragraph> <paragraph num="(b)"> <text>The owner shall submit the report to the commission by April 1 of the following year.</text> </paragraph> </paragraph> </paragraph> <paragraph num="F."> <text>As Found Test. An owner shall test a meter before adjustment, repair, or retirement.</text> </paragraph> <paragraph num="G."> <text>As Left Test. If a meter does not meet the accuracy requirements of Regulation .04A of this chapter, an owner shall adjust, repair, or both, and test the meter for accuracy before returning it to service.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Accuracy."> <paragraph num="A."> <text>Preinstallation Accuracy. If a meter is tested under Regulation .03B and G of this chapter, an owner may not install or return to service a meter that is more than 0.5 percent fast or more than 1.5 percent slow.</text> </paragraph> <paragraph num="B."> <text>In-Service Performance Test Accuracy. If a meter is tested under Regulation .03E of this chapter, an owner shall count the test as a failure if the meter and associated metering device, if installed, are found to be more than 2 percent fast or slow.</text> </paragraph> <paragraph num="C."> <text>Balance. If a meter's accuracy at check flow is found to differ from accuracy at full rated flow by more than 1 percent, an owner shall adjust or repair, or both, and test the meter before returning it to service.</text> </paragraph> <paragraph num="D."> <text>Billing Adjustment</text> <paragraph num="(1)"> <text>Fast Meters.</text> <paragraph num="(a)"> <text>Bill Recalculation. If an accuracy test shows an over-registration of more than 2 percent at check flow, the owner shall recalculate the bills for service of the last customer of record receiving service through the meter and shall make a refund if the amount of the adjustment exceeds $10. The refund shall be for the period that the customer received service through the meter, but for not more than the periods established in §D(1)(b) and (c) of this regulation.</text> </paragraph> <paragraph num="(b)"> <text>Known Date of Error. If the date on which the error first developed or occurred can be established, then the owner shall make a refund based on that known date.</text> </paragraph> <paragraph num="(c)"> <text>Unknown Date of Error. If the known date of error cannot be established, then it shall be assumed that the over-registration existed for a period of 3 years or a period equal to 1/2 of the time since the meter was last tested, whichever is less.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Slow Meters. If an accuracy test shows an under-registration of more than 2 percent at check flow, the owner may bill the customer 1/2 of the unbilled undercharge for a period of 12 months, unless the meter has been tested within that 12-month period, in which event the utility may bill the customer 1/2 the unbilled undercharge for the period since the meter was last tested. If the amount of under-registration is less than $20, the utility may not bill the customer for the undercharge.</text> </paragraph> <paragraph num="(3)"> <text>Nonregistering Meters.</text> <paragraph num="(a)"> <text>If a meter is found not to register, the owner may issue an estimated bill.</text> </paragraph> <paragraph num="(b)"> <text>If the customer is informed of the nonregistering meter in less than 4 months of the meter becoming nonregistering, the utility may bill the customer for estimated consumption for the duration of the nonregistration.</text> </paragraph> <paragraph num="(c)"> <text>If the customer is not informed of the nonregistering meter in less than 4 months of the meter becoming nonregistering, the utility may bill the customer for 1/2 of the estimated consumption for the duration of the nonregistration up to a maximum of 6 months.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Records."> <paragraph num="A."> <text>Inventory. Each owner shall maintain records of each meter and associated metering device, which identify each item as to its design, capacity, and application. The identifying information shall include, as applicable:</text> <paragraph num="(1)"> <text>Manufacturer;</text> </paragraph> <paragraph num="(2)"> <text>Number;</text> </paragraph> <paragraph num="(3)"> <text>Type;</text> </paragraph> <paragraph num="(4)"> <text>Capacity;</text> </paragraph> <paragraph num="(5)"> <text>Multiplier;</text> </paragraph> <paragraph num="(6)"> <text>Constants;</text> </paragraph> <paragraph num="(7)"> <text>Pressure rating; and</text> </paragraph> <paragraph num="(8)"> <text>Compensated index with associated pressure.</text> </paragraph> </paragraph> <paragraph num="B."> <text>History. Each owner shall maintain records for each meter and associated metering device, which shall show, as applicable:</text> <paragraph num="(1)"> <text>Date of each installation;</text> </paragraph> <paragraph num="(2)"> <text>Date of each removal from service; and</text> </paragraph> <paragraph num="(3)"> <text>Current location.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Meter Test Records. Each owner shall maintain records for each test of a meter, which shall include the following:</text> <paragraph num="(1)"> <text>The date and reason for the test;</text> </paragraph> <paragraph num="(2)"> <text>The reading of the meter before making any test;</text> </paragraph> <paragraph num="(3)"> <text>The accuracy “as found” at check flow and full rated flow; and</text> </paragraph> <paragraph num="(4)"> <text>The accuracy “as left”, if applicable, at check flow and full rated flow.</text> </paragraph> </paragraph> </regulation> <annotations> <annotation type="Authority">Public Utilities Article, §§5-101, 7-301, 7-302, and 11-102, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: March 31, 2003 (30:6 Md. R. 422)</annotation> </annotations> </chapter> </subtitle> <subtitle num="57" heading="Pipeline Safety Enforcement"> <chapter num="01" heading="General Regulations"> <regulation prefix="Regulation" num=".01" heading="Purpose."> <text>The regulations in this subtitle provide the enforcement authority and penalties which are available to the Maryland Public Service Commission for achieving and maintaining pipeline safety.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this subtitle, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Chief engineer” means the head of the Engineering Division of the Commission.</text> </paragraph> <paragraph num="(2)"> <text>“Commission” means the Public Service Commission of Maryland.</text> </paragraph> <paragraph num="(3)"> <text>“Compliance order” means a document issued by the Engineering Division to a gas company or gas master meter operator directing compliance.</text> </paragraph> <paragraph num="(4)"> <text>“Consent order” means a document executed jointly by the Engineering Division and a gas company or gas master meter operator under COMAR 20.57.02.07 for the disposition of a case.</text> </paragraph> <paragraph num="(5)"> <text>“Division” means the Engineering Division of the Public Service Commission of Maryland.</text> </paragraph> <paragraph num="(6)"> <text>“Gas” means artificial, natural, or liquified petroleum gas.</text> </paragraph> <paragraph num="(7)"> <text>“Gas company” has the meaning stated in Public Utilities Article, §1-101, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(8)"> <text>“Gas master meter operator” has the meaning stated in Public Utilities Article, §1-101, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(9)"> <text>“Hazardous facility notice” means an order issued by the Division requiring corrective action by the gas company or gas master meter operator.</text> </paragraph> <paragraph num="(10)"> <text>“Incident” has the meaning stated in COMAR 20.55.01.04B(9).</text> </paragraph> <paragraph num="(11)"> <text>“NOPV” means a notice of probable violation issued under COMAR 20.57.02.</text> </paragraph> </paragraph> </regulation> <annotations> <annotation type="Authority">Public Utilities Article, §§2-113, 2-117(a), 2-121, 5-101, 5-304, 11-102, 12-101—12-113, and 13-203, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: December 9, 1991 (18:24 Md. R. 2645)</annotation> </annotations> </chapter> <chapter num="02" heading="Enforcement and Penalties"> <regulation prefix="Regulation" num=".01" heading="Inspections."> <text>The Division may conduct periodic inspections of records and property in the possession, custody, or control of a gas company or gas master meter operator to determine compliance with the federal Natural Gas Pipeline Safety Act, 49 U.S.C. §1671 et seq., as amended, which is incorporated by reference, or Public Utilities Article, Annotated Code of Maryland.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Inspection Follow-Up — Specific Information Request."> <paragraph num="A."> <text>After a complaint, report, or inspection, the Division may send a gas company or gas master meter operator a specific information request.</text> </paragraph> <paragraph num="B."> <text>A gas company or gas master meter operator shall respond within 5 working days after receipt of a specific information request relating to a possible reportable incident under COMAR 20.55.01.04B(9).</text> </paragraph> <paragraph num="C."> <text>Except as provided under §B of this regulation, a gas company or gas master meter operator shall respond within 30 days after receipt of a specific information request.</text> </paragraph> <paragraph num="D."> <text>The Commission may waive the requirements of §B or C of this regulation upon written request from a gas company or gas master meter operator demonstrating sufficient cause.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Reportable Incident Investigation."> <paragraph num="A."> <text>After a reportable incident, the Division may:</text> <paragraph num="(1)"> <text>Interview personnel;</text> </paragraph> <paragraph num="(2)"> <text>View equipment or pipe;</text> </paragraph> <paragraph num="(3)"> <text>Request issuance of a subpoena for production of equipment or pipe relating to the incident for independent preservation;</text> </paragraph> <paragraph num="(4)"> <text>Order independent laboratory tests of equipment or pipe;</text> </paragraph> <paragraph num="(5)"> <text>View related documents; or</text> </paragraph> <paragraph num="(6)"> <text>Take other investigative measures as needed to complete a comprehensive independent investigation.</text> </paragraph> </paragraph> <paragraph num="B."> <text>A gas company or gas master meter operator shall preserve all equipment or piping which may have contributed to an incident until the investigation by the Division has been completed.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Reportable Incident Testing."> <paragraph num="A."> <text>Testing.</text> <paragraph num="(1)"> <text>After a reportable incident, a gas company or gas master meter operator shall conduct the following minimum tests:</text> <paragraph num="(a)"> <text>The perimeter of the area involved in the incident shall be leak surveyed using a subsurface gas detection survey as prescribed in the GPTC Guide For Gas Transmission and Distribution Piping Systems 1990-91, Volume One, Guide Material Appendix G-11 or G-11A, which is incorporated by reference in COMAR 20.55.02.02; and</text> </paragraph> <paragraph num="(b)"> <text>All piping directly associated with the incident, or which may have contributed to the incident, shall be pressure tested, unless evidence clearly indicates the cause and origin of the incident.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>A gas regulator or meter serving a structure involved in the incident shall be properly tagged and stored in a secured area for testing at the earliest practical time.</text> </paragraph> <paragraph num="(3)"> <text>When appropriate, a sample of the failed facility or equipment shall be selected for laboratory examination.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Results Reported.</text> <paragraph num="(1)"> <text>A gas company or gas master meter operator shall report the results of any test under §A of this regulation to the Division within 10 days of the completion of the test.</text> </paragraph> <paragraph num="(2)"> <text>Test results under §A(1) of this regulation shall include at a minimum the:</text> <paragraph num="(a)"> <text>Time and date of the test;</text> </paragraph> <paragraph num="(b)"> <text>Specific location of the pipeline or pipeline section tested, including a suitable map of the route of the pipeline;</text> </paragraph> <paragraph num="(c)"> <text>Results; and</text> </paragraph> <paragraph num="(d)"> <text>Name of the person responsible for testing.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Notice of Probable Violation."> <paragraph num="A."> <text>General.</text> <paragraph num="(1)"> <text>The Division may issue a NOPV upon finding good cause to believe a violation of the federal Natural Gas Pipeline Safety Act, 49 U.S.C. §1671 et seq., as amended, which is incorporated by reference, or Public Utilities Article, Annotated Code of Maryland, has occurred.</text> </paragraph> <paragraph num="(2)"> <text>The NOPV may contain a proposed compliance order.</text> </paragraph> <paragraph num="(3)"> <text>A gas company or gas master meter operator shall respond in writing within 30 days after receipt of a NOPV.</text> </paragraph> <paragraph num="(4)"> <text>The Commission may waive the requirements of §A(3) of this regulation upon written request from a gas company or gas master meter operator demonstrating sufficient cause.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Contents of Notice of Probable Violation. A NOPV shall include:</text> <paragraph num="(1)"> <text>A statement of the statute, regulation, or rule allegedly violated by a gas company or gas master meter operator;</text> </paragraph> <paragraph num="(2)"> <text>A description of the evidence indicating a possible violation;</text> </paragraph> <paragraph num="(3)"> <text>Notice of response options available to the gas company or gas master meter operator;</text> </paragraph> <paragraph num="(4)"> <text>If appropriate, the amount of the proposed civil penalty and the maximum civil penalty applicable under law; and</text> </paragraph> <paragraph num="(5)"> <text>If appropriate, a statement of the remedial action being sought in a compliance order.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Response Options. A gas company or gas master meter operator shall respond to the NOPV as follows:</text> <paragraph num="(1)"> <text>If a NOPV contains a proposed compliance order, a gas company or gas master meter operator may:</text> <paragraph num="(a)"> <text>Agree to the proposed compliance order,</text> </paragraph> <paragraph num="(b)"> <text>Request the execution of a consent order,</text> </paragraph> <paragraph num="(c)"> <text>Object to the proposed compliance order and submit written explanations, information, or other materials in answer to the allegations in the notice, or</text> </paragraph> <paragraph num="(d)"> <text>Request a hearing under Public Utilities Article, Annotated Code of Maryland; and</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>If the NOPV contains a proposed civil penalty, a gas company or gas master meter operator may:</text> <paragraph num="(a)"> <text>Pay the penalty,</text> </paragraph> <paragraph num="(b)"> <text>Submit an offer in compromise of the proposed civil penalty,</text> </paragraph> <paragraph num="(c)"> <text>Object to the proposed civil penalty and submit a written explanation, information, or other material to mitigate the proposed civil penalty, or</text> </paragraph> <paragraph num="(d)"> <text>Request a hearing under Public Utilities Article, Annotated Code of Maryland.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Review by Chief Engineer."> <text>If a gas company or gas master meter operator objects to the proposed compliance order or civil penalty and submits a written explanation, information, or other materials in response to a NOPV, the chief engineer shall review the submissions and determine whether to negotiate further, modify, or withdraw the NOPV, or file a complaint under Public Utilities Article, §3-102, Annotated Code of Maryland.</text> </regulation> <regulation prefix="Regulation" num=".07" heading="Consent Order."> <paragraph num="A."> <text>Before the issuance of a compliance order, the Division may execute a consent order jointly with a gas company or gas master meter operator.</text> </paragraph> <paragraph num="B."> <text>An executed consent order shall contain:</text> <paragraph num="(1)"> <text>An admission by a gas company or gas master meter operator of all jurisdictional facts; and</text> </paragraph> <paragraph num="(2)"> <text>A description of any action required by a gas company or gas master meter operator and the time by which the actions shall be accomplished.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Civil Penalties."> <paragraph num="A."> <text>Procedure. Following an investigation and a determination by the Division that there exists good cause to believe that a gas company or gas master meter operator violated minimum pipeline safety requirements, the Division may assess or negotiate a civil penalty under Public Utilities Article, §13-203, Annotated Code of Maryland.</text> </paragraph> <paragraph num="B."> <text>Penalty Considerations. In proposing a civil penalty, the Division shall consider the criteria stated in Public Utilities Article, §13-203, Annotated Code of Maryland.</text> </paragraph> <paragraph num="C."> <text>Payment Procedures. A gas company or gas master meter operator shall pay a civil penalty that has been proposed or compromised by submitting to the Commission a certified check or money order in the correct amount, payable to the Maryland Public Service Commission.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".09" heading="Hazardous Facility Notice."> <paragraph num="A."> <text>General. After an inspection, report, or complaint, the Division may find a particular facility to be hazardous to life or property if the Division determines that:</text> <paragraph num="(1)"> <text>The equipment, material, or technique used in the construction of the pipeline facility or its components poses a hazard to life or property; or</text> </paragraph> <paragraph num="(2)"> <text>The operation of the pipeline facility poses a hazard to life or property.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Determining Factors. In determining a facility hazardous to life or property, the Division may consider the following:</text> <paragraph num="(1)"> <text>The characteristics of the pipe and other equipment used in a pipeline facility, including age, manufacturer, physical properties, resistance to corrosion and deterioration, and methods of manufacture, construction, and assembly;</text> </paragraph> <paragraph num="(2)"> <text>The nature of the materials transported by the facility, including the corrosive and deteriorative qualities, and the sequence in which the materials are transported through the pipeline;</text> </paragraph> <paragraph num="(3)"> <text>The location of the pipeline facility;</text> </paragraph> <paragraph num="(4)"> <text>The climatic and geologic conditions associated with the area;</text> </paragraph> <paragraph num="(5)"> <text>The population, population density, and growth patterns of the area; or</text> </paragraph> <paragraph num="(6)"> <text>The adequacy of records demonstrating absence of a hazardous condition.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Notice.</text> <paragraph num="(1)"> <text>If the Division finds a pipeline facility to be hazardous to life or property, the chief engineer shall issue a hazardous facility notice.</text> </paragraph> <paragraph num="(2)"> <text>A hazardous facility notice shall provide an opportunity for a Commission hearing.</text> </paragraph> <paragraph num="(3)"> <text>The chief engineer may request that the Commission issue an order setting a hearing date and finalizing a hazardous facility order before a hearing under this section, if failure to do so would result in the likelihood of serious harm to life or property.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Content.</text> <paragraph num="(1)"> <text>A hazardous facility notice shall contain:</text> <paragraph num="(a)"> <text>A finding that the pipeline facility is hazardous to life or property;</text> </paragraph> <paragraph num="(b)"> <text>The facts on which the finding is based;</text> </paragraph> <paragraph num="(c)"> <text>The legal basis of the notice;</text> </paragraph> <paragraph num="(d)"> <text>The nature and description of the particular corrective action required of the gas company or gas master meter operator; and</text> </paragraph> <paragraph num="(e)"> <text>The date by which the required action shall be taken or completed and, when appropriate, the duration of the notice.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Corrective action under §D(1)(d) of this regulation may include suspended or restricted use of the facility, physical inspection, testing, repair, replacement, or other action as appropriate.</text> </paragraph> </paragraph> </regulation> <annotations> <annotation type="Authority">State Government Article, §7-207(a); Public Utilities Article, §§2-113, 2-117(a), 2-121, 5-101, 5-304, 11-102, 12-101—12-113, and 13-203;Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: December 9, 1991 (18:24 Md. R. 2645)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended effective March 26, 2007 (34:6 Md. R. 629)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04A amended effective January 15, 1996 (23:1 Md. R. 36)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05A amended effective March 26, 2007 (34:6 Md. R. 629)</annotation> </annotations> </chapter> </subtitle> <subtitle num="58" heading="Safety Standards for Hazardous Liquid Pipelines"> <chapter num="01" heading="General"> <regulation prefix="Regulation" num=".01" heading="Scope."> <text>This subtitle applies to any intrastate hazardous liquid pipeline located in Maryland and to an operator of these pipeline facilities.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this subtitle, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Accident” has the meaning stated in 49 CFR §195.5.</text> </paragraph> <paragraph num="(2)"> <text>“Breakout tank” means a tank used to relieve surges in a hazardous liquid pipeline system or to receive and store hazardous liquid transported by a pipeline for reinjection and continued transportation by pipeline.</text> </paragraph> <paragraph num="(3)"> <text>“Chief engineer” means the head of the Engineering Division of the Commission.</text> </paragraph> <paragraph num="(4)"> <text>“Commission” means the Public Service Commission of Maryland.</text> </paragraph> <paragraph num="(5)"> <text>“Company” has the meaning stated in the Public Utilities Article, §1-101(f), Annotated Code of Maryland.</text> </paragraph> <paragraph num="(6)"> <text>“Compliance order” means a document issued by the Engineering Division to an operator directing compliance.</text> </paragraph> <paragraph num="(7)"> <text>“Division” means the Engineering Division of the Commission.</text> </paragraph> <paragraph num="(8)"> <text>“Hazardous liquid” has the meaning stated in the Public Utilities Article, §11-201, Annotated Code of Maryland and 49 CFR §195.2.</text> </paragraph> <paragraph num="(9)"> <text>“NOPV” means a notice of probable violation issued under COMAR 20.58.02.05.</text> </paragraph> <paragraph num="(10)"> <text>“Operator” means a person that owns or operates a pipeline facility.</text> </paragraph> <paragraph num="(11)"> <text>Pipeline.</text> <paragraph num="(a)"> <text>“Pipeline” means any part of a pipeline facility through which a hazardous liquid moves in transportation.</text> </paragraph> <paragraph num="(b)"> <text>“Pipeline” includes line pipe, valves, other appurtenances connected to a line pipe, pumping units, associated fabricated assemblies, and breakout tanks.</text> </paragraph> </paragraph> <paragraph num="(12)"> <text>“Pipeline facility” means new and existing pipelines, rights-of-way, and any equipment, facility, or building used or intended for use in the transportation of a hazardous liquid.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Good Engineering Practice."> <text>An operator shall construct, install, maintain, and operate a hazardous liquid pipeline in accordance with accepted good engineering practice in the hazardous liquid pipeline industry to ensure the safety of individuals and property.</text> </regulation> <regulation prefix="Regulation" num=".04" heading="General Requirements."> <paragraph num="A."> <text>Required Information. Each operator shall file with the Commission the following information in writing:</text> <paragraph num="(1)"> <text>The location of each hazardous liquid pipeline facility;</text> </paragraph> <paragraph num="(2)"> <text>The name, address, and telephone number of the person responsible for each hazardous liquid pipeline facility;</text> </paragraph> <paragraph num="(3)"> <text>A complete set of “as built” plans and maps of the pipeline facility; and</text> </paragraph> <paragraph num="(4)"> <text>A copy of:</text> <paragraph num="(a)"> <text>The procedural manual for operation, maintenance, emergencies, and operator qualification required under 49 CFR 195; and</text> </paragraph> <paragraph num="(b)"> <text>Revisions to the manual at the time they are incorporated.</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>Notice of Heated Fuel Oil Pumping. As soon as practicable, an operator shall give advanced notice to the Commission's designated safety engineer of the start of pumping operations involving heated fuel oil.</text> </paragraph> <paragraph num="C."> <text>Construction Notice. An operator shall provide written notice to the Commission, at least 30 days or as soon as practicable before commencement of construction, a description of any significant change, repair, or replacement to the pipeline system.</text> </paragraph> <paragraph num="D."> <text>Breakout Tank Notice.</text> <paragraph num="(1)"> <text>If a breakout tank is removed from service for maintenance required under 49 CFR Part 195, an operator shall notify the Commission 30 days before the removal.</text> </paragraph> <paragraph num="(2)"> <text>If removal of a breakout tank is not covered by §D(1) of this regulation, an operator shall notify the Commission as soon as practicable.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Incorporation by Reference."> <text>In this subtitle, the following documents are incorporated by reference:</text> <paragraph num="A."> <text>49 CFR Part 195, Transportation of Hazardous Liquids by Pipeline, as amended; and</text> </paragraph> <paragraph num="B."> <text>49 CFR Part 199, Drug and Alcohol Testing, as amended.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Federal Delegation."> <text>The Commission is an authorized agent of the United States Department of Transportation for the administration and enforcement of federal regulations that apply to hazardous liquid pipeline facilities in Maryland.</text> </regulation> <regulation prefix="Regulation" num=".07" heading="Inspections and Examinations."> <paragraph num="A."> <text>Facility Access. Upon reasonable notice, a Commission representative shall have access to each pipeline facility to conduct examinations or inspections to ensure compliance with these regulations.</text> </paragraph> <paragraph num="B."> <text>Timing of Inspections.</text> <paragraph num="(1)"> <text>The Commission shall conduct routine inspections of the pipeline facility during regular business hours.</text> </paragraph> <paragraph num="(2)"> <text>If an accident or safety-related condition occurs, the Commission may inspect a pipeline facility at any time.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Reports and Records."> <paragraph num="A."> <text>Reports.</text> <paragraph num="(1)"> <text>An operator shall immediately make a telephonic notification to the Commission and the local emergency management agency of a hazardous liquid release reported as required by 49 CFR §195.52.</text> </paragraph> <paragraph num="(2)"> <text>An operator shall maintain and file with the Commission all reports that are required to be filed with the United States Department of Transportation by 49 CFR Part 195.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Records. An operator shall maintain and make available to the Commission for inspection all documents and records required by 49 CFR Part 195.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Public Utilities Article, §§2-113, 2-121, 5-101, and 11-201—11-206, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: January 20, 2003 (30:1 Md. R. 29)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04D adopted effective April 21, 2008 (35:8 Md. R. 809)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05 repealed and new Regulation .05 adopted effective April 21, 2008 (35:8 Md. R. 809)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08 adopted effective June 23, 2003 (30:12 Md. R. 792)</annotation> </annotations> </chapter> <chapter num="02" heading="Enforcement and Penalties"> <regulation prefix="Regulation" num=".01" heading="Inspections."> <text>The Engineering Division may conduct periodic inspections of records and property in the possession, custody, or control of a hazardous liquid pipeline operator to determine compliance with the federal Hazardous Liquid Pipeline Safety Act, 49 U.S.C. Chapter 601 or Public Utilities Article, Annotated Code of Maryland.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Inspection Follow-Up — Specific Information Request."> <paragraph num="A."> <text>After a complaint, report, or inspection, the Engineering Division may send an operator a specific information request.</text> </paragraph> <paragraph num="B."> <text>An operator shall respond to the Engineering Division within 5 working days after receipt of a specific information request relating to an accident reportable under 49 CFR §195.50.</text> </paragraph> <paragraph num="C."> <text>Except as provided under §B of this regulation, an operator shall respond within 30 days after receipt of a specific information request.</text> </paragraph> <paragraph num="D."> <text>The Commission may waive the requirements of §B or C of this regulation upon written request from an operator demonstrating sufficient cause.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Reportable Accident Investigation."> <paragraph num="A."> <text>After an accident reportable under 49 CFR 195, a representative of the Commission may:</text> <paragraph num="(1)"> <text>Interview personnel;</text> </paragraph> <paragraph num="(2)"> <text>Examine equipment or pipe;</text> </paragraph> <paragraph num="(3)"> <text>Request issuance of a subpoena for production of equipment or pipe relating to the incident for independent preservation;</text> </paragraph> <paragraph num="(4)"> <text>Examine related documents;</text> </paragraph> <paragraph num="(5)"> <text>Order independent laboratory tests of equipment or pipe; or</text> </paragraph> <paragraph num="(6)"> <text>Take other investigative measures as needed to complete a comprehensive independent investigation.</text> </paragraph> </paragraph> <paragraph num="B."> <text>An operator shall preserve all equipment or pipe which may have contributed to an accident until the investigation by the Division is completed.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Reportable Accident Testing."> <paragraph num="A."> <text>Testing.</text> <paragraph num="(1)"> <text>After a reportable accident, an operator shall test all piping directly associated with the accident or which may have contributed to the accident, unless evidence clearly indicates the cause and origin of the accident.</text> </paragraph> <paragraph num="(2)"> <text>As early as possible, an operator shall properly tag and secure for examination or testing all pipeline components which may have contributed to the accident.</text> </paragraph> <paragraph num="(3)"> <text>If appropriate, the Commission or the operator may select a sample of the failed pipeline facility or equipment for laboratory examination.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Results Reported.</text> <paragraph num="(1)"> <text>An operator shall report the results of a test under §A of this regulation to the Division within 10 days of the completion of the test, or as soon as possible.</text> </paragraph> <paragraph num="(2)"> <text>Test results under §A(1) of this regulation shall include the:</text> <paragraph num="(a)"> <text>Time and date of the test;</text> </paragraph> <paragraph num="(b)"> <text>Specific location of the pipeline or pipeline section tested, including a suitable map of the pipeline route;</text> </paragraph> <paragraph num="(c)"> <text>Results; and</text> </paragraph> <paragraph num="(d)"> <text>Name of the person responsible for testing.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Notice of Probable Violation (NOPV)."> <paragraph num="A."> <text>General.</text> <paragraph num="(1)"> <text>The Division may issue to an operator an NOPV upon finding good cause to believe a violation of the federal pipeline safety laws under 49 U.S.C. Chapter 601 or Public Utilities Article, §§11-201—11-206, Annotated Code of Maryland, has occurred.</text> </paragraph> <paragraph num="(2)"> <text>An NOPV may contain a proposed compliance order.</text> </paragraph> <paragraph num="(3)"> <text>An operator shall respond to the Division in writing within 30 days after receipt of an NOPV.</text> </paragraph> <paragraph num="(4)"> <text>The Commission may waive the requirements of §A(3) of this regulation after a written request from an operator demonstrating sufficient cause.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Contents of the Notice of Probable Violation. An NOPV shall include:</text> <paragraph num="(1)"> <text>A statement identifying the statute, regulation, or rule allegedly violated by an operator;</text> </paragraph> <paragraph num="(2)"> <text>A description of the evidence indicating a possible violation;</text> </paragraph> <paragraph num="(3)"> <text>Notice of response options available to the operator;</text> </paragraph> <paragraph num="(4)"> <text>If appropriate, the amount of the proposed civil penalty and the maximum civil penalty applicable under law; and</text> </paragraph> <paragraph num="(5)"> <text>If appropriate, a statement of the required remedial action.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Response Options. An operator shall respond to an NOPV as follows:</text> <paragraph num="(1)"> <text>If an NOPV contains a proposed compliance order, an operator may:</text> <paragraph num="(a)"> <text>Agree to the proposed compliance order;</text> </paragraph> <paragraph num="(b)"> <text>Request the execution of a consent order;</text> </paragraph> <paragraph num="(c)"> <text>Object to the proposed compliance order and submit a written explanation, information, or other material in answer to the allegations in the notice; or</text> </paragraph> <paragraph num="(d)"> <text>Request a hearing under Public Utilities Article, Annotated Code of Maryland; or</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>If an NOPV contains a proposed civil penalty, an operator may:</text> <paragraph num="(a)"> <text>Pay the penalty;</text> </paragraph> <paragraph num="(b)"> <text>Submit a compromise to the proposed civil penalty;</text> </paragraph> <paragraph num="(c)"> <text>Object to the proposed civil penalty and submit a written explanation, information, or other material to mitigate the proposed civil penalty; or</text> </paragraph> <paragraph num="(d)"> <text>Request a hearing under Public Utilities Article, Annotated Code of Maryland.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Review by the Chief Engineer."> <text>If an operator objects to the proposed compliance order or civil penalty and submits a written explanation, information, or other material in response to an NOPV, the chief engineer shall review the submission and determine whether to:</text> <paragraph num="A."> <text>Negotiate further, modify, or withdraw the NOPV; or</text> </paragraph> <paragraph num="B."> <text>File a complaint under Public Utilities Article, §3-102, Annotated Code of Maryland.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Consent Order."> <paragraph num="A."> <text>Before the issuance of a compliance order, the Division may execute a consent order jointly with an operator.</text> </paragraph> <paragraph num="B."> <text>An executed consent order shall contain:</text> <paragraph num="(1)"> <text>An admission by an operator of all jurisdictional facts; and</text> </paragraph> <paragraph num="(2)"> <text>A description of any actions required by an operator and the time by which the actions shall be accomplished.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Civil Penalties."> <paragraph num="A."> <text>Procedure. After an investigation and a determination by the Division that there is good cause to believe an operator violated a minimum pipeline safety requirement, the Commission may assess or negotiate a civil penalty under Public Utilities Article, §11-206, Annotated Code of Maryland.</text> </paragraph> <paragraph num="B."> <text>Penalty Considerations. In proposing a civil penalty, the Division shall consider the criteria in Public Utilities Article, §11-206, Annotated Code of Maryland.</text> </paragraph> <paragraph num="C."> <text>Payment Procedures. An operator shall pay the proposed or negotiated civil penalty by submitting to the Commission a certified check or money order in the correct amount, payable to the Public Service Commission of Maryland.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".09" heading="Hazardous Facility Notice."> <paragraph num="A."> <text>General. After an inspection, report, or complaint, the Division may find a particular pipeline facility to be hazardous to life, property, or the environment if:</text> <paragraph num="(1)"> <text>The equipment, material, or technique used in the construction of the pipeline facility or its components poses a hazard to life, property, or the environment; or</text> </paragraph> <paragraph num="(2)"> <text>The operation of the pipeline facility poses a hazard to life, property, or the environment.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Determining Factors. In determining if a pipeline facility is hazardous to life or property, the Division may consider the following:</text> <paragraph num="(1)"> <text>The characteristics of the pipe and other equipment used in a pipeline facility, including age, manufacturer, physical properties, resistance to corrosion and deterioration, and methods of manufacture, construction, and assembly;</text> </paragraph> <paragraph num="(2)"> <text>The nature of the materials transported by the facility, including the corrosive and deteriorative qualities, and the sequence in which the materials are transported through the pipeline;</text> </paragraph> <paragraph num="(3)"> <text>The location of the pipeline facility;</text> </paragraph> <paragraph num="(4)"> <text>The climatic and geologic conditions associated with the area in which the pipeline is located;</text> </paragraph> <paragraph num="(5)"> <text>The population, population density, and growth patterns of the area in which the pipeline is located; or</text> </paragraph> <paragraph num="(6)"> <text>The adequacy of records demonstrating the absence of a hazardous condition.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Notice.</text> <paragraph num="(1)"> <text>If the Division finds a pipeline facility to be hazardous to life or property, the chief engineer shall issue a hazardous pipeline facility notice.</text> </paragraph> <paragraph num="(2)"> <text>A hazardous pipeline facility notice shall provide an opportunity for a Commission hearing.</text> </paragraph> <paragraph num="(3)"> <text>The chief engineer may request that the Commission issue an order setting a hearing date and finalizing a hazardous pipeline facility order before a hearing under this section, if failure to do so would result in the likelihood of serious harm to life or property.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Content.</text> <paragraph num="(1)"> <text>A hazardous pipeline facility notice shall contain:</text> <paragraph num="(a)"> <text>A finding that the pipeline facility is hazardous to life, property, or the environment;</text> </paragraph> <paragraph num="(b)"> <text>The facts on which the finding is based;</text> </paragraph> <paragraph num="(c)"> <text>The legal basis of the notice;</text> </paragraph> <paragraph num="(d)"> <text>The nature and description of the particular corrective action required of the operator; and</text> </paragraph> <paragraph num="(e)"> <text>The date by which the required action shall be taken or completed and, if appropriate, the duration of the notice.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Corrective action under §D(1)(d) of this regulation may include:</text> <paragraph num="(a)"> <text>Suspended or restricted use of the pipeline facility;</text> </paragraph> <paragraph num="(b)"> <text>Physical inspection;</text> </paragraph> <paragraph num="(c)"> <text>Testing;</text> </paragraph> <paragraph num="(d)"> <text>Repair;</text> </paragraph> <paragraph num="(e)"> <text>Replacement; or</text> </paragraph> <paragraph num="(f)"> <text>Other action as appropriate.</text> </paragraph> </paragraph> </paragraph> </regulation> <annotations> <annotation type="Authority">Public Utilities Article, §§11-201—11-206, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: January 20, 2003 (30:1 Md. R. 29)</annotation> </annotations> </chapter> </subtitle> <subtitle num="59" heading="Competitive Gas Supply"> <chapter num="01" heading="General"> <regulation prefix="Regulation" num=".01" heading="Scope."> <paragraph num="A."> <text>Except as provided in §B of this regulation, this subtitle is applicable to gas utilities and suppliers only in service territories where customers may elect retail gas supply or gas supply services.</text> </paragraph> <paragraph num="B."> <text>This subtitle does not apply to a gas utility or a gas supplier providing gas to a customer account that is a daily-metered account or an interruptible account.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this subtitle, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>Agent.</text> <paragraph num="(a)"> <text>“Agent” means a person who conducts marketing or sales activities, or both, on behalf of a licensed supplier or broker.</text> </paragraph> <paragraph num="(b)"> <text>“Agent” includes:</text> <paragraph num="(i)"> <text>An employee;</text> </paragraph> <paragraph num="(ii)"> <text>A representative;</text> </paragraph> <paragraph num="(iii)"> <text>An independent contractor;</text> </paragraph> <paragraph num="(iv)"> <text>A vendor;</text> </paragraph> <paragraph num="(v)"> <text>Subcontractors;</text> </paragraph> <paragraph num="(vi)"> <text>Employees;</text> </paragraph> <paragraph num="(vii)"> <text>Vendors; and</text> </paragraph> <paragraph num="(viii)"> <text>Representatives not directly contracted by the supplier who conduct marketing or sales activities on behalf of the supplier.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(2)"> <text>“Account” means the record of customer information that is designated by a unique utility identifier for premises receiving gas service.</text> </paragraph> <paragraph num="(3)"> <text>“CAD” means the Consumer Affairs Division within the Commission pursuant to COMAR 20.32.01.02B(2).</text> </paragraph> <paragraph num="(4)"> <text>“Commission” means the Public Service Commission of Maryland.</text> </paragraph> <paragraph num="(5)"> <text>“Consent” means an agreement with an action communicated by the following:</text> <paragraph num="(a)"> <text>A written document with customer signature;</text> </paragraph> <paragraph num="(b)"> <text>An electronic document with electronic signature; or</text> </paragraph> <paragraph num="(c)"> <text>A voice recording only if the agreement is exempt under the Maryland Telephone Solicitations Act.</text> </paragraph> </paragraph> <paragraph num="(6)"> <text>“Consumer” or “customer” means the regulated utility retail natural gas customer account holder.</text> </paragraph> <paragraph num="(7)"> <text>“Contract for energy assistance households” means a residential retail energy supply contract that meets the legal requirements of Public Utilities Article, §4-308, Annotated Code of Maryland, and any other applicable requirements in the Public Utility Article, in connection with a supplier’s supply service for customers who are part of an energy assistance household.</text> </paragraph> <paragraph num="(8)"> <text>“Contract Summary” means a summary of the material terms and conditions of a retail energy supply contract, on a form provided by the Commission.</text> </paragraph> <paragraph num="(9)"> <text>“Daily-metered account” means a nonresidential gas account for which a customer:</text> <paragraph num="(a)"> <text>Purchases gas from a retail supplier; and</text> </paragraph> <paragraph num="(b)"> <text>Has a gas meter installed for the purpose of recording and reporting gas usage on at least a daily basis for the purpose of utility management of gas supply for the account.</text> </paragraph> </paragraph> <paragraph num="(10)"> <text>“Drop” means the removal of a customer from a supplier's service.</text> </paragraph> <paragraph num="(11)"> <text>“Electronic transaction” means a standardized data protocol or electronic transmission medium that has been accepted by the Commission for use in Maryland.</text> </paragraph> <paragraph num="(12)"> <text>“Energy assistance household” means that the Office of Home Energy Programs found that the service address or household associated with the utility account qualified for a gas assistance program during the current or previous fiscal year. For a utility that provides both gas and electric service, an energy assistance household means that the Office of Home Energy Programs found that the service address or household associated with the utility account qualified for an electric or gas assistance program during the current or previous fiscal year.</text> </paragraph> <paragraph num="(13)"> <text>“Energy assistance program” means the following programs administered by the Maryland Office of Home Energy Programs by which a customer receives financial assistance paying their gas utility bills, which includes but is not necessarily limited to:</text> <paragraph num="(a)"> <text>The Maryland Energy Assistance Program;</text> </paragraph> <paragraph num="(b)"> <text>The Utility Service Protection Program; and</text> </paragraph> <paragraph num="(c)"> <text>The Arrearage Retirement Assistance Program.</text> </paragraph> </paragraph> <paragraph num="(14)"> <text>“Enrollment” means the addition of a customer to a supplier's service.</text> </paragraph> <paragraph num="(15)"> <text>“Evergreen contract” means an existing contract that automatically renews without any action by the customer.</text> </paragraph> <paragraph num="(16)"> <text>“Fiscal year” means the 12-month period that begins on July 1 of a calendar year and ends June 30 of the next calendar year.</text> </paragraph> <paragraph num="(17)"> <text>“Gas commodity price or net purchased gas charge” is the utility rate for a given period as approved in the utility’s applicable sales service tariff, that would be charged to a utility gas commodity customer, excluding any charges, adjustments, riders, or taxes related to distribution rates. The utility shall post and maintain this rate in an easily accessible location on its website.</text> </paragraph> <paragraph num="(18)"> <text>“Gas company” has the meaning stated in Public Utilities Article, §1-101, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(19)"> <text>“Gas supplier” or “supplier” means a person licensed under COMAR 20.54.</text> </paragraph> <paragraph num="(20)"> <text>“Interruptible service account” means a nonresidential gas account for which a customer:</text> <paragraph num="(a)"> <text>Purchases gas from a retail gas supplier; and</text> </paragraph> <paragraph num="(b)"> <text>Elects to receive utility service subject to interruption.</text> </paragraph> </paragraph> <paragraph num="(21)"> <text>“Overcharge” means the difference between the price a customer would have paid the customer's authorized supplier and what the customer paid to an unauthorized supplier.</text> </paragraph> <paragraph num="(22)"> <text>“Public event” means an event open to the public, which may facilitate retail natural gas sales and marketing activities or may result in a natural gas customer enrollment transaction.</text> </paragraph> <paragraph num="(23)"> <text>“Supplier-consolidated billing (SCB)” means a form of competitive billing service in which a gas or an electricity supplier is authorized by the Commission to render a bill to a retail gas or electric customer that includes both the supplier charges and the gas or electric company’s regulated charges.</text> </paragraph> <paragraph num="(24)"> <text>“Supply price comparison information” means the rate and language that the Commission may require to be printed on a customers bill to permit the customer to make meaningful comparisons between competitive supplier prices and the price for standard offer service or sales service provided by the customer's utility.</text> </paragraph> <paragraph num="(25)"> <text>“Third party verification (TPV)” means consent from the customer agreeing to each of the below-listed material contract terms that is recorded by an independent person not party to the agreement or may be performed by an automated, computerized system. To be valid, the TPV must occur without the presence of the sales agent, and at the outset must describe how the customer can cancel the TPV at any time prior to completion. The consent from the customer must include an acknowledgement:</text> <paragraph num="(a)"> <text>That he or she is voluntarily choosing to enroll with a supplier;</text> </paragraph> <paragraph num="(b)"> <text>Of the type of product offered such as variable, fixed, a combination of both;</text> </paragraph> <paragraph num="(c)"> <text>Of the price and duration of the contract;</text> </paragraph> <paragraph num="(d)"> <text>Of the amount of an early termination fee if applicable;</text> </paragraph> <paragraph num="(e)"> <text>That the customer is authorized to make the switch;</text> </paragraph> <paragraph num="(f)"> <text>Of the contract renewal procedures;</text> </paragraph> <paragraph num="(g)"> <text>That the customer may access future pricing information;</text> </paragraph> <paragraph num="(h)"> <text>That the customer has received the supplier's customer support contact information; and</text> </paragraph> <paragraph num="(i)"> <text>If the customer is entering into a supplier-consolidated billing contract:</text> <paragraph num="(i)"> <text>That the customer is voluntarily choosing to be billed by the supplier for both supplier charges and utility charges; and</text> </paragraph> <paragraph num="(ii)"> <text>That the customer understands that the customer's previous bill provider may bill the customer for prior unpaid charges.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(26)"> <text>“Sales service” means the supply of retail gas commodity service by the customer's gas company.</text> </paragraph> <paragraph num="(27)"> <text>“Utility” means a gas company as defined in Public Utilities Article, §1-101, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(28)"> <text>“Utility consolidated billing” means a customer bill produced by a utility that contains both utility charges and supplier gas sales commodity charges.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Uniform Electronic Transactions."> <text>All suppliers and utilities shall use the uniform Statewide electronic transaction processes approved by the Commission.</text> </regulation> <regulation prefix="Regulation" num=".04" heading="Utility Compliance Plan."> <text>Utilities shall file a plan and relevant tariffs for compliance with this subtitle within 45 days after this subtitle becomes effective.</text> </regulation> <regulation prefix="Regulation" num=".05" heading="Waiver."> <text>The Commission may waive a regulation in this subtitle for good cause shown.</text> </regulation> <annotations> <annotation type="Authority">Public Utilities Article, §§2-113, 2-121, 4-308, 5-101, 7-507, 7-511, 7-603, 7-604(b), and 7-606, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date:</annotation> <annotation type="History" subtype="Administrative History">Regulations.01—.05 adopted as an emergency provision effective July 16, 2009 (36:17 Md. R. 1311); adopted permanently effective October 5, 2009 (36:20 Md. R. 1532)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended effective March 14, 2016 (43:5 Md. R. 387); March 7, 2022 (49:5 Md. R. 367); July 10, 2023 (50:13 Md. R. 513)</annotation> </annotations> </chapter> <chapter num="03" heading="Pre-Enrollment Information"> <regulation prefix="Regulation" num=".01" heading="Supplier Customer Consent — Pre-Enrollment."> <paragraph num="A."> <text>Pre-Enrollment Customer Information. Before requesting from a utility the precontracting customer information described in Regulation .02 of this chapter, a supplier shall:</text> <paragraph num="(1)"> <text>Notify the customer of its intention to request customer information from a utility; and</text> </paragraph> <paragraph num="(2)"> <text>Obtain the customer's consent for release of the customer's information from the utility.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Notice. The supplier notice required under §A(1) of this regulation shall specify the customer information listed in Regulation .02 of this chapter to be requested from a utility.</text> </paragraph> <paragraph num="C."> <text>Customer Consent Record.</text> <paragraph num="(1)"> <text>A customer's consent under §A(2) of this regulation is valid for a time mutually agreed to by the customer and the supplier.</text> </paragraph> <paragraph num="(2)"> <text>Consent Records.</text> <paragraph num="(a)"> <text>A supplier shall maintain a record of a customer's consent under §A(2) of this regulation for a period of not less than 180 days from the expiration of the customer's consent.</text> </paragraph> <paragraph num="(b)"> <text>A supplier's customer consent records are subject to audit by the Commission.</text> </paragraph> </paragraph> </paragraph> <paragraph num="D."> <text>A customer's consent under this regulation is not a contract or enrollment for supplier services.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Pre-Enrollment Information."> <paragraph num="A."> <text>On request of a supplier, a utility shall provide the following applicable customer information:</text> <paragraph num="(1)"> <text>Account name;</text> </paragraph> <paragraph num="(2)"> <text>Billing address;</text> </paragraph> <paragraph num="(3)"> <text>Energy assistance household status;</text> </paragraph> <paragraph num="(4)"> <text>Service address;</text> </paragraph> <paragraph num="(5)"> <text>Utility account number and any other number designated by the utility as necessary to process an enrollment;</text> </paragraph> <paragraph num="(6)"> <text>Bill cycle;</text> </paragraph> <paragraph num="(7)"> <text>Utility rate class or code; and</text> </paragraph> <paragraph num="(8)"> <text>Monthly historical consumption for the previous 12 months.</text> </paragraph> </paragraph> <paragraph num="B."> <text>A utility shall provide the information in §A of this regulation to a supplier through an electronic transaction approved by the Commission.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Public Utilities Article, §§2-113, 2-121, 4-308, 5-101, 7-507, 7-511, 7-603, 7-604(b), 7-606, and 7-607, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date:</annotation> <annotation type="History" subtype="Administrative History">Regulations.01 and.02 adopted as an emergency provision effective July 16, 2009 (36:17 Md. R. 1311); adopted permanently effective October 5, 2009 (36:20 Md. R. 1532)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02A amended effective March 14, 2016 (43:5 Md. R. 387); July 10, 2023 (50:13 Md. R. 513)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended effective March 7, 2022 (49:5 Md. R. 367)</annotation> </annotations> </chapter> <chapter num="04" heading="Transfers of Service"> <regulation prefix="Regulation" num=".01" heading="Scope."> <text>This chapter applies to customers switching from competitive supply service to another supplier or to sales service.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Enrollment."> <paragraph num="A."> <text>Effective Dates.</text> <paragraph num="(1)"> <text>Except as provided under §A(2) of this regulation, a utility shall process an electronic transaction for enrollment from a supplier to be effective on the first day of the next month.</text> </paragraph> <paragraph num="(2)"> <text>An electronic transaction for enrollment from a supplier received by a utility less than 7 days before the first day of the next month shall take effect on the first day of the next subsequent month.</text> </paragraph> <paragraph num="(3)"> <text>Enrollments shall be processed on a first-in basis during any given month.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The utility shall drop a customer from its current supplier when another supplier enrolls the customer.</text> </paragraph> <paragraph num="C."> <text>A utility shall process an electronic transaction for enrollment regardless of whether the customer is currently supplied by another supplier or by the utility.</text> </paragraph> <paragraph num="D."> <text>A utility shall compensate a retail supplier through a cash exchange, an adjustment of gas usage, or an adjustment of delivery volumes for the portion of the first month during which gas is delivered to a customer of the retail supplier within 90 days of the first supply of gas to the customer.</text> </paragraph> <paragraph num="E."> <text>A supplier may not require that a customer provide it with advance notice, written or otherwise, before the customer switches to another supplier or to sales service.</text> </paragraph> <paragraph num="F."> <text>A utility shall reject a customer's enrollment into supplier-consolidated billing if, at the time of switch, the customer:</text> <paragraph num="(1)"> <text>Has a regulated gas utility arrearage older than 30 days;</text> </paragraph> <paragraph num="(2)"> <text>Is on a payment arrangement plan with the utility; or</text> </paragraph> <paragraph num="(3)"> <text>Has applied for or is receiving funds from the Office of Home Energy Programs, including but not limited to, payments authorized as part of the universal service program or Maryland Energy Assistance Program.</text> </paragraph> </paragraph> <paragraph num="G."> <text>Beginning July 1, 2023, a utility shall reject a customer’s enrollment with a supplier if, at the time of the enrollment:</text> <paragraph num="(1)"> <text>The customer is an energy assistance household; and</text> </paragraph> <paragraph num="(2)"> <text>The supplier does not have a Commission-approved contract for energy assistance households.</text> </paragraph> </paragraph> <paragraph num="H."> <text>The supplier shall inform the customer if a customer’s enrollment is rejected for the reasons specified in §F or G of this regulation.</text> </paragraph> <paragraph num="I."> <text>Customer Who Starts to Receive Energy Assistance While on Supplier-Consolidated Billing.</text> <paragraph num="(1)"> <text>The utility shall provide a supplier 3 business days notice if a supplier's customer on supplier-consolidated billing receives a Maryland Energy Assistance Program or universal service program grant.</text> </paragraph> <paragraph num="(2)"> <text>The utility shall drop a customer from supplier-consolidated billing to sales service after sending the supplier notice under this regulation if the supplier continues to provide the customer supplier-consolidated billing service after 3 business days.</text> </paragraph> <paragraph num="(3)"> <text>A supplier may change a customer's billing method adhering to COMAR 20.59.05.06 within 3 business days of receipt of the utility notice provided in §H(1) of this regulation, provided that the supplier issues the notices required by COMAR 20.59.05.06B after the change in billing method.</text> </paragraph> </paragraph> <paragraph num="J."> <text>For Contracts Signed on or After July 1, 2023 with a Customer Who Starts to Receive Energy Assistance While Receiving Service from a Gas Supplier.</text> <paragraph num="(1)"> <text>When a utility determines that a supplier’s existing customer is newly identified as an energy assistance household, the utility shall within 3 business days provide the supplier notice of that determination.</text> </paragraph> <paragraph num="(2)"> <text>Upon receipt of the notice required under §J(1) of this regulation, the retail supplier shall, within 5 business days:</text> <paragraph num="(a)"> <text>Terminate the contract and return the customer to sales service;</text> </paragraph> <paragraph num="(b)"> <text>If provided for under the existing contract, begin providing service under a Commission-approved contract for low-income customers; or</text> </paragraph> <paragraph num="(c)"> <text>Obtain the customer’s consent to receive service under a Commission-approved contract for low-income customers.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>The supplier shall charge the customer the supplier’s current contract rate or the utility gas commodity price or net purchased gas rate, whichever is lower, for the time between the supplier’s receipt of the notice in §J(1) of this regulation and the date the customer either is dropped to sales service or begins receiving service under a contract for energy assistance households.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Supplier Drops."> <paragraph num="A."> <text>A supplier may drop a customer by sending an electronic drop transaction to the utility.</text> </paragraph> <paragraph num="B."> <text>Drop Effective Date.</text> <paragraph num="(1)"> <text>Except as provided under §B(2) of this regulation, a supplier drop is effective on the first day of the next month.</text> </paragraph> <paragraph num="(2)"> <text>A drop received by a utility less than 7 days before the first day of the next month shall take effect on the first day of the next subsequent month.</text> </paragraph> </paragraph> <paragraph num="C."> <text>A utility shall assign a customer who has been dropped by a supplier and not enrolled by a supplier to sales service.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Customer Initiated Drops."> <paragraph num="A."> <text>A customer that wants to cancel a supplier contract shall first attempt to cancel the contract according to the terms of the contract.</text> </paragraph> <paragraph num="B."> <text>If a customer attempts to cancel a contract by contacting the utility first, the utility shall direct the customer to contact the supplier through the means detailed in the supplier contract, terms and conditions or may direct the customer to contact the supplier through use of contact information on the Commission’s website.</text> </paragraph> <paragraph num="C."> <text>If a customer’s cancellation request has not been received by the utility from the customer’s supplier, and the customer confirms that more than 3 days have passed since the customer cancelled the contract with the supplier, the utility shall process a cancellation.</text> </paragraph> <paragraph num="D."> <text>Customer initiated drops shall be processed in accordance with the provisions of COMAR 20.59.04.03.</text> </paragraph> <paragraph num="E."> <text>A supplier may not include cancellation provisions in its contract for service that would limit or waive this provision.</text> </paragraph> <paragraph num="F."> <text>A customer that initiates a drop with the utility must switch back to sales service as described in Regulation .03 of this chapter.</text> </paragraph> <paragraph num="G."> <text>A customer’s request to cancel service with the current retail supplier under this regulation does not limit cancellation provisions contained in the customer’s service agreement with the supplier.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Public Utilities Article, §§2-113, 2-121, 4-308, 5-101, 7-507, 7-511, 7-603, 7-604(b), and 7-606, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date:</annotation> <annotation type="History" subtype="Administrative History">Regulations.01—.03 adopted as an emergency provision effective July 16, 2009 (36:17 Md. R. 1311); adopted permanently effective October 5, 2009 (36:20 Md. R. 1532)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02 amended effective July 10, 2023 (50:13 Md. R. 513)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02A amended effective March 14, 2016 (43:5 Md. R. 387)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02E adopted effective March 14, 2016 (43:5 Md. R. 387)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02F—H adopted effective March 7, 2022 (49:5 Md. R. 367)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03B amended effective March 14, 2016 (43:5 Md. R. 387)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04 adopted effective March 14, 2016 (43:5 Md. R. 387)</annotation> </annotations> </chapter> <chapter num="05" heading="Utility-Consolidated Billing and Supplier-Consolidated Billing"> <regulation prefix="Regulation" num=".01" heading="Utility Consolidated Billing."> <paragraph num="A."> <text>A supplier may elect to use utility consolidated billing.</text> </paragraph> <paragraph num="B."> <text>A utility and a supplier shall transmit consumption, billing, and related data to each other using electronic transactions for the purposes of utility consolidated billing.</text> </paragraph> <paragraph num="C."> <text>A utility shall remit supplier revenue and billing data to a supplier by electronic transaction.</text> </paragraph> <paragraph num="D."> <text>Suppliers using utility consolidated billing shall have access to customer billing and payment information from the utility for the supplier's presently enrolled customers at no cost beyond the tariffed rate for consolidated billing.</text> </paragraph> <paragraph num="E."> <text>A utility shall provide a supplier using utility consolidated billing with the same electronic access to customer bill information that it provides to the customer.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Utility Responsibilities in the Event of Supplier Default."> <paragraph num="A."> <text>A supplier that is unable to deliver gas because the Commission revokes or suspends the supplier's retail gas license is considered a defaulted supplier.</text> </paragraph> <paragraph num="B."> <text>A defaulted supplier is prohibited from issuing bills to persons who were customers at the time of the default unless specifically authorized by the Commission. A request to authorize a supplier to bill directly may be made by the supplier or by the applicable utility.</text> </paragraph> <paragraph num="C."> <text>In order that supplier charges may be included in utility consolidated billing services, a defaulted supplier and the utility shall abide by the Commission-accepted gas utility supplier coordination agreement or tariff, as applicable.</text> </paragraph> <paragraph num="D."> <text>A defaulted supplier using utility consolidated billing services remains obligated to provide the utility with information necessary to allow the utility to continue consolidated billing through the conclusion of the billing cycle in which the default occurred.</text> </paragraph> <paragraph num="E."> <text>Supplier Ineligible to Provide Supplier-Consolidated Billing.</text> <paragraph num="(1)"> <text>A supplier shall be ineligible to provide supplier-consolidated billing service if:</text> <paragraph num="(a)"> <text>The supplier is in default under §A of this regulation; or</text> </paragraph> <paragraph num="(b)"> <text>The supplier has not paid the utility for purchased receivables 30 days after the date that the payment was due to the utility.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Unless otherwise directed by the Commission, a supplier using supplier-consolidated billing services who is considered to be ineligible to provide supplier-consolidated billing services may issue bills to persons who were customers for charges incurred before the date of ineligibility.</text> </paragraph> <paragraph num="(3)"> <text>Unless authorized by the Commission, a supplier using supplier-consolidated billing and considered to be ineligible to provide supplier-consolidated billing services may not issue consolidated customer bills on or after the date of ineligibility.</text> </paragraph> <paragraph num="(4)"> <text>A supplier may continue to provide a bill solely for supplier charges to customers who were using supplier-consolidated billing after the date of ineligibility if the supplier offers dual billing through that utility; otherwise the customer will be returned to sales service.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Utility Purchased Receivables or Prorated Payments."> <paragraph num="A."> <text>A utility providing utility consolidated billing shall either purchase the receivables of a supplier or prorate customer payments between the utility and a supplier.</text> </paragraph> <paragraph num="B."> <text>The utility has the option of choosing whether its consolidated billing agreement includes the purchase of supplier receivables or the proration of customer payments.</text> </paragraph> <paragraph num="C."> <text>If the utility chooses the option of purchasing supplier receivables, supplier receivables shall be purchased with full and timely cost recovery for the utility under terms and conditions approved by the Commission. An early termination fee is not considered a commodity and is not subject to purchase as a receivable by the utility.</text> </paragraph> <paragraph num="D."> <text>If the utility chooses the option of prorating customer payments, a payment shall be allocated between the utility, supplier, and any other party in proportion to the percentage of the combined charges on the customer's total bill under terms and conditions approved by the Commission.</text> </paragraph> <paragraph num="E."> <text>If supplier receivables are not purchased by a utility, the utility shall bill for supplier charges and arrearages for a minimum of 90 days from the date a supplier receives final usage data from the utility.</text> </paragraph> <paragraph num="F."> <text>If supplier receivables are not purchased by the utility and the utility cancels a supplier's charges, the utility shall rebill the canceled supplier charges to the customer for at least 90 days after the bill adjustment.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Budget Billing."> <paragraph num="A."> <text>A utility that uses budget billing to determine a customer's bill shall perform a final budget reconciliation for the commodity portion of the bill on the switch of a customer from sales service to a supplier service.</text> </paragraph> <paragraph num="B."> <text>A utility's portion of a budget bill amount for a customer who is served by a supplier shall be based solely on the utility's regulated charges.</text> </paragraph> <paragraph num="C."> <text>For those customers who otherwise have a budget billing option, a utility shall make budget billing available for supplier charges.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Supplier-Consolidated Billing."> <paragraph num="A."> <text>A supplier may elect to use supplier-consolidated billing upon receiving licensing that authorizes the provision of supplier-consolidated billing.</text> </paragraph> <paragraph num="B."> <text>When an authorized supplier elects to use supplier-consolidated billing, a utility and a supplier shall transmit consumption, billing, payment, and related data to each other using electronic transactions approved by the Commission.</text> </paragraph> <paragraph num="C."> <text>A utility may not obligate a supplier to purchase a customer’s arrears from the utility or from another supplier.</text> </paragraph> <paragraph num="D."> <text>Utility Access to Supplier Bills for Supplier-Consolidated Billing.</text> <paragraph num="(1)"> <text>A supplier providing supplier-consolidated billing services shall make a customer’s bill available to the utility in an electronic format.</text> </paragraph> <paragraph num="(2)"> <text>A utility provided access to a customer’s supplier-consolidated billing information that includes supplier charges may not:</text> <paragraph num="(a)"> <text>Use the information to market sales service;</text> </paragraph> <paragraph num="(b)"> <text>Use the information to research or market other utility service; or</text> </paragraph> <paragraph num="(c)"> <text>Without Commission authorization, share any information the utility gains through access to the supplier bill with the utility’s nonregulated affiliates or any other nongovernmental entity.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Supplier Changing a Customer’s Billing Method."> <paragraph num="A."> <text>A supplier may change a customer’s billing method to or from supplier-consolidated billing in the following circumstances:</text> <paragraph num="(1)"> <text>The customer’s contract permits the supplier to impose on the customer a change in billing method;</text> </paragraph> <paragraph num="(2)"> <text>The customer’s contract does not specify whether the supplier may impose on the customer a change in billing method; or</text> </paragraph> <paragraph num="(3)"> <text>The customer’s contract permits the supplier to impose on the customer a change in billing method during an assignment or transfer of contract as described under COMAR 20.59.07.12E.</text> </paragraph> </paragraph> <paragraph num="B."> <text>A supplier shall provide the customer no less than two written notices regarding a change in billing method:</text> <paragraph num="(1)"> <text>A notice by mail 60 days before the date of the first bill using a new billing method; and</text> </paragraph> <paragraph num="(2)"> <text>A notice by mail or email 30 days before the date of the first bill using a new billing method.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Notices required by §B of this regulation shall be identified as follows:</text> <paragraph num="(1)"> <text>A notice sent by mail shall be sent in an envelope clearly marked with a message stating that it contains important information regarding changes to the customer’s energy bill; and</text> </paragraph> <paragraph num="(2)"> <text>A notice sent by email shall be identified in the subject line as a notice stating it contains important information regarding changes to the customer’s energy bill.</text> </paragraph> </paragraph> <paragraph num="D."> <text>A supplier’s notices to change a customer’s billing method as required by §B of this regulation shall inform the customer, at a minimum, of the following options which a customer may choose to:</text> <paragraph num="(1)"> <text>Change the customer’s current billing method to the one proposed by the supplier;</text> </paragraph> <paragraph num="(2)"> <text>Refuse the change in billing method and remain with the supplier if the supplier will continue the customer’s contract under the current billing method;</text> </paragraph> <paragraph num="(3)"> <text>Elect sales service; or</text> </paragraph> <paragraph num="(4)"> <text>Switch to another supplier.</text> </paragraph> </paragraph> <paragraph num="E."> <text>A supplier shall provide all notices given under §B of this regulation with the following provisions:</text> <paragraph num="(1)"> <text>A statement advising the customer of the billing change which informs the customer of the manner in which to exercise the customer’s options required by §D of this regulation;</text> </paragraph> <paragraph num="(2)"> <text>The telephone number and Internet address for the Commission;</text> </paragraph> <paragraph num="(3)"> <text>The Internet address for the Maryland supplier choice website;</text> </paragraph> <paragraph num="(4)"> <text>The date on or after which the supplier will effectuate the change in billing method;</text> </paragraph> <paragraph num="(5)"> <text>A notice that the customer will not be subject to any fees or penalties for declining to accept the change in billing method unless allowed by §J(3) of this regulation;</text> </paragraph> <paragraph num="(6)"> <text>The expiration date of the customer’s contract;</text> </paragraph> <paragraph num="(7)"> <text>A statement that the customer’s previous bill provider may still bill the customer for unpaid charges; and</text> </paragraph> <paragraph num="(8)"> <text>A statement indicating that terms and conditions of the customer’s contract with the supplier remain unchanged.</text> </paragraph> </paragraph> <paragraph num="F."> <text>The supplier shall provide the customer the Customer Rights Pamphlet described in COMAR 20.59.08.08 with the 60-day notice required by §B(1) of this regulation.</text> </paragraph> <paragraph num="G."> <text>If the customer will start to receive bills under supplier-consolidated billing, then, in addition to the notice requirements in §E of this regulation, the notices shall include:</text> <paragraph num="(1)"> <text>An explanation that the customer will receive one bill from the supplier that will include both utility and supplier charges;</text> </paragraph> <paragraph num="(2)"> <text>A statement of each payment method a customer may use to pay the supplier;</text> </paragraph> <paragraph num="(3)"> <text>Any information necessary for the customer to submit payment to the supplier; and</text> </paragraph> <paragraph num="(4)"> <text>A statement that the utility shall be contacted for issues relating to outages and emergencies.</text> </paragraph> </paragraph> <paragraph num="H."> <text>If the customer will start to receive bills from the utility in addition to the notice requirements in §E of this regulation, the notice shall include a statement that the customer will receive bills from the utility.</text> </paragraph> <paragraph num="I."> <text>Customer’s Response to Supplier Notices.</text> <paragraph num="(1)"> <text>The supplier shall effectuate the change in billing method consistent with the provisions of the notices required by §B of this regulation if the customer does not exercise one of the options in §D of this regulation, if permitted by a customer’s contract in §A(1) or (3) of this regulation.</text> </paragraph> <paragraph num="(2)"> <text>Except as provided in §I(3) of this regulation a supplier may not effectuate the change in billing method for a customer under a contract which is silent as described in §A(2) of this regulation if the customer does not affirmatively exercise one of the options in §D of this regulation.</text> </paragraph> <paragraph num="(3)"> <text>A supplier shall drop the customer if the supplier will not continue the customer’s contract under the current billing method and an alternative agreement is not established between the customer and supplier by the prescribed date in §E(4) of this regulation.</text> </paragraph> </paragraph> <paragraph num="J."> <text>Imposition of Fees or Penalties.</text> <paragraph num="(1)"> <text>A supplier may not impose a fee or penalty on a customer who exercises one of the options in §D of this regulation before a supplier changes a customer billing method.</text> </paragraph> <paragraph num="(2)"> <text>A supplier may not impose any fees or penalties on a customer if a customer’s billing method is changed as allowed in §A(2) of this regulation when a customer exercises one of the options in §D of this regulation.</text> </paragraph> <paragraph num="(3)"> <text>A supplier may not impose any fees or penalties on a customer if a customer’s billing method is changed as allowed in §A(1) or (3) of this regulation if a customer exercises one of the options in §D of this regulation during the first two billing cycles after a customer’s billing method is changed.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Customer on Budget Billing with Utility at Time of Switch."> <paragraph num="A."> <text>If a customer is on budget billing at the time of transfer to supplier-consolidated billing service from utility-consolidated billing or sales service, the utility shall provide a customer an alternative payment plan upon request if the budget deficit is greater than $100.</text> </paragraph> <paragraph num="B."> <text>The utility shall inform the customer that the customer may be unable to switch to another supplier providing supplier-consolidated billing until a payment plan as described in §A of this regulation is paid in full.</text> </paragraph> <paragraph num="C."> <text>A customer may choose to pay the budget deficit in full at any time.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Budget Billing for Supplier-Consolidated Billing."> <paragraph num="A."> <text>A supplier that provides supplier-consolidated billing services may offer budget billing for the customer’s regulated gas utility charges and supplier charges.</text> </paragraph> <paragraph num="B."> <text>A supplier that offers budget billing for the customer’s regulated gas utility charges shall purchase the customer’s regulated gas utility charges from the utility according to Regulation .09 of this chapter.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".09" heading="Supplier-Consolidated Billing Purchase of Receivables."> <paragraph num="A."> <text>A supplier providing supplier-consolidated billing shall purchase the regulated receivables of the utility.</text> </paragraph> <paragraph num="B."> <text>Partial Payment Priority.</text> <paragraph num="(1)"> <text>The supplier shall apply a customer’s partial payment of a supplier-consolidated bill in the following order:</text> <paragraph num="(a)"> <text>Utility arrearages and supplier commodity arrearages in proportion to the relative proportion of their sum;</text> </paragraph> <paragraph num="(b)"> <text>Current utility charges and current supplier commodity charges in proportion to the relative proportion of their sum; and</text> </paragraph> <paragraph num="(c)"> <text>Noncommodity Charges.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>If a supplier’s commodity charge is bundled with noncommodity charges, and the supplier is unable to separate the commodity and noncommodity prices, the supplier shall consider the bundled charge as a noncommodity product for the purpose of payment posting.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Partial Payment Priority if a Supplier Provides Both Gas and Electricity on the Same Bill.</text> <paragraph num="(1)"> <text>The supplier shall divide customer payments into two equal amounts and apply one half to gas receivables and the other half to electricity receivables.</text> </paragraph> <paragraph num="(2)"> <text>The supplier shall apply the payments in §C(1) of this regulation following the payment posting system in §B of this regulation.</text> </paragraph> <paragraph num="(3)"> <text>In the event a customer payment satisfies the entirety of a gas or electric arrearage, any remainder of the customer’s payment will be allocated to the other arrearage before applying revenue to current charges in §B of this regulation.</text> </paragraph> <paragraph num="(4)"> <text>A noncommodity charge in §B of this regulation shall be paid after all gas and electricity utility and supplier commodity receivables have been paid.</text> </paragraph> </paragraph> <paragraph num="D."> <text>If a customer disputes a charge:</text> <paragraph num="(1)"> <text>The supplier shall credit the customer’s payment to the undisputed portion of the account; and</text> </paragraph> <paragraph num="(2)"> <text>A utility may not count the number of days a charge is disputed with CAD or the Commission toward the limit on the number of days a supplier has to sell customer arrearages to the utility under Regulation .10D(2) of this chapter.</text> </paragraph> </paragraph> <paragraph num="E."> <text>A charge is considered disputed under §D of this regulation if:</text> <paragraph num="(1)"> <text>A customer has filed a dispute with the Commission;</text> </paragraph> <paragraph num="(2)"> <text>The utility has communicated to the supplier that the utility considers the charge under dispute; or</text> </paragraph> <paragraph num="(3)"> <text>The supplier has communicated to the utility that the supplier considers the charge under dispute.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".10" heading="Nonpayment by Customer Receiving a Supplier-Consolidated Bill."> <paragraph num="A."> <text>If a customer has not paid the supplier’s consolidated bill or otherwise has breached the supply contract:</text> <paragraph num="(1)"> <text>The supplier may return the nonpaying customer to the utility pursuant to COMAR 20.59.06.06 or COMAR 20.59.07.10; and</text> </paragraph> <paragraph num="(2)"> <text>The supplier shall conduct reasonable collection efforts for unpaid amounts if the supplier intends to seek repurchase of the regulated gas utility charges from the utility.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Collection Notices.</text> <paragraph num="(1)"> <text>A supplier that provides two collection notices shall have complied with the reasonable collection efforts required by §A(2) of this regulation.</text> </paragraph> <paragraph num="(2)"> <text>A supplier may include a collection notice with its final bill to the customer.</text> </paragraph> <paragraph num="(3)"> <text>A collection notice shall be sent to the customer 15 days before the supplier submits regulated gas utility charges to the utility for repurchase.</text> </paragraph> <paragraph num="(4)"> <text>If a notice was not sent with the final bill in accordance with §B(2) of this regulation, a collection notice must be sent prior to sending the collection notice required in §B(3) of this regulation.</text> </paragraph> </paragraph> <paragraph num="C."> <text>A supplier shall prominently display the following information in the notices required to be sent in §B of this regulation:</text> <paragraph num="(1)"> <text>The total amount due;</text> </paragraph> <paragraph num="(2)"> <text>A statement that regulated utility charges will be returned to the utility due to nonpayment on a specific date;</text> </paragraph> <paragraph num="(3)"> <text>The date by which the payment was due to the supplier;</text> </paragraph> <paragraph num="(4)"> <text>The date on or after which the supplier will return the regulated utility charges to the utility if payment is not received; and</text> </paragraph> <paragraph num="(5)"> <text>The telephone number at which the supplier representatives who handle payment arrangements, payment plans, and customer complaints may be reached.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Purchase of Arrears and Limitations.</text> <paragraph num="(1)"> <text>After the supplier has conducted reasonable collection efforts as required by §A(2) of this regulation, the utility shall purchase arrearages attributable to the utility submitted by the supplier.</text> </paragraph> <paragraph num="(2)"> <text>A utility shall purchase arrearages attributable to the utility no more than:</text> <paragraph num="(a)"> <text>140 days after the utility sent an invoice with the charges to the supplier for residential customers; and</text> </paragraph> <paragraph num="(b)"> <text>135 days after the utility sent an invoice with the charges to the supplier for nonresidential customers.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>A supplier may sell a utility arrearage to the utility if the customer remains with the supplier after a change in billing method.</text> </paragraph> </paragraph> <paragraph num="E."> <text>A supplier shall provide the following to a utility when submitting unpaid charges to the utility:</text> <paragraph num="(1)"> <text>The amount of unpaid regulated gas utility charges; and</text> </paragraph> <paragraph num="(2)"> <text>The supplier’s electronic submission to the utility of a customer’s unpaid regulated gas utility charges, which shall constitute the supplier’s certification that the customer has not paid the charges pursuant to the payment posting hierarchy in Regulation .09 of this chapter.</text> </paragraph> </paragraph> <paragraph num="F."> <text>Records of Purchased Unpaid Charges.</text> <paragraph num="(1)"> <text>The utility shall maintain records of a utility’s repurchase of unpaid regulated gas utility charges for a minimum of 3 years from the date the supplier receives the utility’s payment, and the utility shall make the records available to the supplier upon request.</text> </paragraph> <paragraph num="(2)"> <text>The supplier shall maintain, for a minimum of 3 years from the date the supplier receives the utility’s payment, records of unpaid regulated gas utility charges sold to the utility.</text> </paragraph> <paragraph num="(3)"> <text>A supplier shall include in the records:</text> <paragraph num="(a)"> <text>The customer’s payment history; and</text> </paragraph> <paragraph num="(b)"> <text>The appropriate application of the customer’s funds pursuant to Regulation .09 of this chapter.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>The supplier shall make the records available to the Commission and the utility upon request.</text> </paragraph> </paragraph> <paragraph num="G."> <text>A supplier shall report to the utility, every 2 weeks, the unpaid regulated gas utility charges.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".11" heading="Reporting Requirements for Supplier-Consolidated Billing."> <paragraph num="A."> <text>A supplier shall record customer complaints according to the following categories:</text> <paragraph num="(1)"> <text>Call center operations;</text> </paragraph> <paragraph num="(2)"> <text>Unauthorized charges;</text> </paragraph> <paragraph num="(3)"> <text>Enrollment;</text> </paragraph> <paragraph num="(4)"> <text>Accuracy of billing services;</text> </paragraph> <paragraph num="(5)"> <text>Contract renewal or cancellation;</text> </paragraph> <paragraph num="(6)"> <text>Deposits; and</text> </paragraph> <paragraph num="(7)"> <text>Change in customer’s billing method.</text> </paragraph> </paragraph> <paragraph num="B."> <text>A supplier providing supplier-consolidated billing shall retain for a minimum of 3 years the following information in a monthly format to provide to the Commission and the Office of People’s Counsel upon request:</text> <paragraph num="(1)"> <text>Number of complaints received by the supplier from customers for the categories identified in §A of this regulation;</text> </paragraph> <paragraph num="(2)"> <text>Disputes escalated to CAD;</text> </paragraph> <paragraph num="(3)"> <text>Number of times a supplier did not charge a customer the correct amount, excluding when a utility invoices the supplier an incorrect billing amount or meter reading;</text> </paragraph> <paragraph num="(4)"> <text>Call center metrics as described in COMAR 20.59.08.09;</text> </paragraph> <paragraph num="(5)"> <text>The number of customers dropped for nonpayment;</text> </paragraph> <paragraph num="(6)"> <text>Total arrears resold to the utility, separated by residential and nonresidential;</text> </paragraph> <paragraph num="(7)"> <text>Average customer arrears repurchased by the utility, separated by residential and nonresidential;</text> </paragraph> <paragraph num="(8)"> <text>Number of customers to whom the supplier provided budget billing; and</text> </paragraph> <paragraph num="(9)"> <text>Number of bill adjustments initiated by the supplier.</text> </paragraph> </paragraph> <paragraph num="C."> <text>A utility shall retain the following information for supplier-consolidated billing disaggregated by supplier, in a monthly format for a minimum of 3 years, to provide to the Commission upon request:</text> <paragraph num="(1)"> <text>The number of customers receiving supplier-consolidated billing services;</text> </paragraph> <paragraph num="(2)"> <text>The number of customers who were dropped from supplier-consolidated billing by a supplier for nonpayment;</text> </paragraph> <paragraph num="(3)"> <text>Total arrears repurchased by the utility;</text> </paragraph> <paragraph num="(4)"> <text>Average customer arrears repurchased by the utility, by residential and nonresidential customers;</text> </paragraph> <paragraph num="(5)"> <text>Volume of retail sales and demand in supplier-consolidated billing;</text> </paragraph> <paragraph num="(6)"> <text>Number of customer enrollments rejected by specific eligibility requirement;</text> </paragraph> <paragraph num="(7)"> <text>Number of customers rejected due to energy assistance;</text> </paragraph> <paragraph num="(8)"> <text>Number of customers dropped from supplier-consolidated billing due to energy assistance;</text> </paragraph> <paragraph num="(9)"> <text>Number of customers who enroll in supplier-consolidated billing that were on budget billing at time of enrollment;</text> </paragraph> <paragraph num="(10)"> <text>Number of times the utility failed to provide charges to the supplier within 3 days; and</text> </paragraph> <paragraph num="(11)"> <text>Number of bill adjustments initiated by the utility.</text> </paragraph> </paragraph> </regulation> <annotations> <annotation type="Authority">Public Utilities Article, §§2-113, 2-121, 5-101, 7-507, 7-511, and 7-601—7-606, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date:</annotation> <annotation type="History" subtype="Administrative History">Regulations.01—.04 adopted as an emergency provision effective July 16, 2009 (36:17 Md. R. 1311); adopted permanently effective October 5, 2009 (36:20 Md. R. 1532)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02E adopted effective March 7, 2022 (49:5 Md. R. 367)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03C amended effective March 14, 2016 (43:5 Md. R. 387)</annotation> <annotation type="History" subtype="Administrative History">Regulations .05—.11 adopted effective March 7, 2022 (49:5 Md. R. 367)</annotation> </annotations> </chapter> <chapter num="06" heading="Nonresidential Customer Protection"> <regulation prefix="Regulation" num=".01" heading="Scope."> <text>This chapter applies to supplier services to nonresidential customers.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Enrollment."> <paragraph num="A."> <text>A supplier may not enroll a customer without the customer's consent.</text> </paragraph> <paragraph num="B."> <text>A customer's choice of gas supplier is the gas supplier with the first enrollment of the customer received by the utility during any given month.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Termination."> <paragraph num="A."> <text>Except as provided under §§B and C of this regulation, a gas company may not terminate service for failure of a customer to pay supplier charges.</text> </paragraph> <paragraph num="B."> <text>If a utility purchases the receivables of a supplier under COMAR 20.59.05.03, the purchased supplier receivables become utility charges for the purpose of termination of service.</text> </paragraph> <paragraph num="C."> <text>If a utility purchases arrearages attributable to a utility as described in COMAR 20.59.05.10D from a supplier providing supplier-consolidated billing services, the purchased arrearages become utility charges for the purpose of termination of service under COMAR 20.31.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Contract Requirements."> <paragraph num="A."> <text>Only a person licensed under COMAR 20.54 as a supplier may execute a gas supply contract with a customer.</text> </paragraph> <paragraph num="B."> <text>A supplier contract shall contain all material terms and conditions.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Notice of Enrollment."> <paragraph num="A."> <text>Form and Presentation.</text> <paragraph num="(1)"> <text>A supplier and the utility shall provide written notice of enrollment to a customer entering into a service agreement with the supplier on the next business day following the supplier's receipt of the utility's enrollment response.</text> </paragraph> <paragraph num="(2)"> <text>If a customer's billing method changes, the notice of enrollment shall contain a statement that the customer's previous billing providers may still bill the customer for unpaid charges.</text> </paragraph> <paragraph num="(3)"> <text>A supplier's presentation of a signed copy of the customer's contract at any time before enrollment shall constitute sufficient written notice of enrollment to the customer.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Enrollment Notice Content.</text> <paragraph num="(1)"> <text>A gas supplier shall provide notice of enrollment of a customer to a utility in a format consistent with the Commission-accepted gas utility supplier coordination agreement.</text> </paragraph> <paragraph num="(2)"> <text>Notice of enrollment under §B(1) of this regulation shall include the following:</text> <paragraph num="(a)"> <text>Customer account name;</text> </paragraph> <paragraph num="(b)"> <text>Customer service address;</text> </paragraph> <paragraph num="(c)"> <text>Billing name;</text> </paragraph> <paragraph num="(d)"> <text>Billing address;</text> </paragraph> <paragraph num="(e)"> <text>Utility name;</text> </paragraph> <paragraph num="(f)"> <text>Utility account number;</text> </paragraph> <paragraph num="(g)"> <text>Supplier name;</text> </paragraph> <paragraph num="(h)"> <text>Supplier identifier;</text> </paragraph> <paragraph num="(i)"> <text>Commodity provided;</text> </paragraph> <paragraph num="(j)"> <text>Effective date of the enrollment; and</text> </paragraph> <paragraph num="(k)"> <text>Whether the customer will receive supplier-consolidated billing service.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Cancellation of Supply Service."> <paragraph num="A."> <text>Except as provided under §D of this regulation or in a tariff regarding supplier default, a utility may remove a customer from supplier services only if directed by a supplier, subject to applicable bankruptcy law.</text> </paragraph> <paragraph num="B."> <text>A supplier shall process a customer's request to cancel supply services not later than the end of the second utility business day after the customer's cancellation request.</text> </paragraph> <paragraph num="C."> <text>A supplier shall notify the customer's utility of a drop by electronic transaction within the time period specified in §B of this regulation.</text> </paragraph> <paragraph num="D."> <text>Customer Cancellation.</text> <paragraph num="(1)"> <text>After the third utility business day following a customer request for a supplier to cancel supply service, the customer may contact the utility to verify that the cancellation request submitted by the supplier has been processed by the utility.</text> </paragraph> <paragraph num="(2)"> <text>If a customer's cancellation request has not been processed by the customer's utility, and the customer requests cancellation of supplier service, the utility shall process a cancellation.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Supplier-Consolidated Billing — Nonpaying Customer.</text> <paragraph num="(1)"> <text>A supplier providing supplier-consolidated billing services shall provide a nonpaying customer a minimum of 3 days notice before cancellation of the customer's contract.</text> </paragraph> <paragraph num="(2)"> <text>A supplier's notice to a nonpaying customer under §E(1) of this regulation shall include:</text> <paragraph num="(a)"> <text>The total amount due;</text> </paragraph> <paragraph num="(b)"> <text>The date by which the payment is due to the supplier;</text> </paragraph> <paragraph num="(c)"> <text>The date on or after which the supplier will transmit the drop request to the utility if payment is not received;</text> </paragraph> <paragraph num="(d)"> <text>Notice that the customer may still receive gas supply from the supplier until the end of the current month or the next month after the customer is dropped; and</text> </paragraph> <paragraph num="(e)"> <text>The telephone number at which the supplier representatives who handle payment arrangements, payment plans, and customer complaints may be reached.</text> </paragraph> </paragraph> </paragraph> <paragraph num="F."> <text>A customer may designate a third party to receive a notice of drop for nonpayment as required in §E(2) of this regulation on the customer's behalf.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Rescission Period."> <text>A supplier is not required to offer a contract rescission period except where required by law.</text> </regulation> <annotations> <annotation type="Authority">Public Utilities Article, §§2-113, 2-121, 5-101, 7-507, 7-511, and 7-601—7-606, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date:</annotation> <annotation type="History" subtype="Administrative History">Regulations.01—.07 adopted as an emergency provision effective July 16, 2009 (36:17 Md. R. 1311); adopted permanently effective October 5, 2009 (36:20 Md. R. 1532)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03A amended effective March 7, 2022 (49:5 Md. R. 367)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03C adopted effective March 7, 2022 (49:5 Md. R. 367)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05 amended effective March 7, 2022 (49:5 Md. R. 367)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06E repealed effective March 11, 2019 (46:5 Md. R. 310)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06E, F adopted effective March 7, 2022 (49:5 Md. R. 367)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07 amended effective March 11, 2019 (46:5 Md. R. 310)</annotation> </annotations> </chapter> <chapter num="07" heading="Residential Customer Protection"> <regulation prefix="Regulation" num=".01" heading="Scope."> <text>This chapter applies to supplier services to residential customers.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Disclosure of Customer Information."> <paragraph num="A."> <text>Except as provided in §B of this regulation, a supplier may not disclose a customer’s billing, payment, energy assistance household status, or credit information without the customer’s consent.</text> </paragraph> <paragraph num="B."> <text>A supplier may disclose a customer's billing, payment, or credit information for the sole purpose of facilitating billing, bill collection, or credit reporting.</text> </paragraph> <paragraph num="C."> <text>A supplier shall provide a customer with a copy of the supplier's customer information privacy policy.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Creditworthiness."> <paragraph num="A."> <text>A supplier may refuse to provide service based on an individual's creditworthiness.</text> </paragraph> <paragraph num="B."> <text>A supplier shall apply uniform income, security deposit, and credit standards for the purpose of making a decision as to whether to offer a service to customers.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Geographic Marketing."> <paragraph num="A."> <text>A supplier may market services on a geographic basis.</text> </paragraph> <paragraph num="B."> <text>A supplier is not required to offer services throughout a particular utility's entire service territory.</text> </paragraph> <paragraph num="C."> <text>A supplier may not refuse to provide service to a customer based on the economic character of a geographic area or the collective credit reputation of the area.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Unauthorized Enrollment or Service."> <paragraph num="A."> <text>A supplier may not enroll a customer without the customer's consent.</text> </paragraph> <paragraph num="B."> <text>A supplier may not add a new charge for a new service, existing service, or service option without first obtaining consent from the customer, verifiable to the same extent and using the same methods specified for contracting under Regulation .08 of this chapter.</text> </paragraph> <paragraph num="C."> <text>Prohibition on Serving Energy Assistance Households on Unapproved Contracts.</text> <paragraph num="(1)"> <text>For contracts signed on or after July 1, 2023, a supplier may not charge an energy assistance household for supply services unless those charges are for a Commission-approved contract for energy assistance households as set forth in COMAR 20.54.04.02K.</text> </paragraph> <paragraph num="(2)"> <text>Prior to submitting an enrollment, a supplier shall make reasonable efforts to ensure that energy assistance households are only enrolled on approved contracts, including, but not limited to:</text> <paragraph num="(a)"> <text>Customer inquiry;</text> </paragraph> <paragraph num="(b)"> <text>Disclosing to the customer that an unapproved offer is not available to energy assistance households;</text> </paragraph> <paragraph num="(c)"> <text>Checking the My OHEP Status Portal; or</text> </paragraph> <paragraph num="(d)"> <text>Acquiring pre-enrollment information as provided in COMAR 20.53.03.02A(8).</text> </paragraph> </paragraph> </paragraph> <paragraph num="D."> <text>Enrollment Disputes.</text> <paragraph num="(1)"> <text>A customer alleging a violation of this regulation may file a dispute with the Commission's Consumer Affairs Division.</text> </paragraph> <paragraph num="(2)"> <text>Upon proof of the allegations that an enrollment was unauthorized, the Commission’s Consumer Affairs Division (CAD) may order the supplier to issue a refund to the customer in an amount, determined by CAD, intended to hold the customer harmless relative to the price the customer would have paid had the unauthorized enrollment not occurred.</text> <paragraph num="(a)"> <text>If the charges have been billed by and the receivable purchased by the utility, the refund determined by CAD shall be remitted to the utility by the supplier. The refund determined by CAD shall be applied to the customer’s utility account current balance and the excess returned to the customer upon request. If the customer is no longer served by the utility, then the refund shall be returned to the customer.</text> </paragraph> <paragraph num="(b)"> <text>Upon purchase of any receivable under this section, the utility shall be entitled to collect from the customer, and the customer shall be responsible to pay the utility the total amount billed less any refund determined by CAD.</text> </paragraph> <paragraph num="(c)"> <text>CAD-Directed Refund Under Supplier-Consolidated Billing.</text> <paragraph num="(i)"> <text>If CAD determines that a refund of regulated gas utility charges is warranted and the supplier has purchased those receivables from the utility, then the utility shall issue a refund to the supplier for the amount purchased.</text> </paragraph> <paragraph num="(ii)"> <text>A refund received by a supplier under §C(2)(c)(i) of this regulation shall be refunded to the customer by the supplier.</text> </paragraph> <paragraph num="(iii)"> <text>If CAD determines that a refund of supply charges is warranted, the supplier shall issue the refund to the customer.</text> </paragraph> </paragraph> </paragraph> </paragraph> <paragraph num="E."> <text>This regulation may not be construed to limit the authority of the Commission under Public Utilities Article, §7-507(k), Annotated Code of Maryland.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Termination."> <paragraph num="A."> <text>Except as provided under §§B and C of this regulation, a utility may not terminate service for failure of a customer to pay supplier charges.</text> </paragraph> <paragraph num="B."> <text>If a utility purchases the receivables of a supplier under COMAR 20.59.05.03, the purchased supplier receivables become utility charges for the purpose of termination of service under COMAR 20.31.</text> </paragraph> <paragraph num="C."> <text>If a utility purchases arrearages attributable to a utility as described in COMAR 20.59.05.10D from a supplier providing supplier-consolidated billing services, the purchased arrearages become utility charges for the purpose of termination of service under COMAR 20.31.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Advertising and Solicitations."> <paragraph num="A."> <text>Advertising Permitted.</text> <paragraph num="(1)"> <text>A supplier may advertise its services.</text> </paragraph> <paragraph num="(2)"> <text>A supplier may not engage in a marketing or trade practice that is unfair, false, misleading, or deceptive.</text> </paragraph> <paragraph num="(3)"> <text>A supplier may not make an offer to an energy assistance household unless the offer is for a Commission-approved contract for energy assistance households.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Disclosures.</text> <paragraph num="(1)"> <text>All supplier marketing or solicitation information, including that used by its agents or employees, shall include the supplier’s Maryland license number in a clear and conspicuous manner.</text> </paragraph> <paragraph num="(2)"> <text>If a price is quoted, the following statements are required:</text> <paragraph num="(a)"> <text>The price quoted is only for the specified commodity provided by the supplier; and</text> </paragraph> <paragraph num="(b)"> <text>The price quoted does not include any tax, utility distribution charge, or other utility fee or charge.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>All supplier marketing or solicitation information shall include either:</text> <paragraph num="(a)"> <text>If a supplier is marketing a Commission-approved contract for energy assistance households, a statement that customers enrolled in an energy assistance program cannot be charged more than the utility’s gas commodity price or net purchased gas charge; or</text> </paragraph> <paragraph num="(b)"> <text>If a supplier is marketing a product that is not approved for energy assistance households, a statement that a customer enrolled with an energy assistance program cannot enroll in this product.</text> </paragraph> </paragraph> </paragraph> <paragraph num="C."> <text>Internet.</text> <paragraph num="(1)"> <text>Internet Advertising. A supplier shall post on the Internet:</text> <paragraph num="(a)"> <text>Readily understandable information about its services and prices; and</text> </paragraph> <paragraph num="(b)"> <text>A description of its supplier-consolidated billing offering, including a sample bill, if the supplier is licensed to provide supplier-consolidated billing services and is offering supplier-consolidated billing services.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Commission Website.</text> <paragraph num="(a)"> <text>Suppliers shall submit open offers to the Commission’s website according to instructions provided by the Commission; and</text> </paragraph> <paragraph num="(b)"> <text>In the event of a discrepancy between a supplier’s open offer posted on the Commission’s website and the supplier’s corresponding open offer displayed on the supplier’s website, the supplier shall honor the terms that are more favorable to the customer.</text> </paragraph> </paragraph> </paragraph> <paragraph num="D."> <text>Telephone Solicitation.</text> <paragraph num="(1)"> <text>A supplier soliciting customers by telephone shall comply with all applicable State and federal law, including the Maryland Telephone Solicitations Act, Commercial Law Article, §§14-2201—14-2205, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(2)"> <text>A supplier may not conduct a residential customer telephone solicitation before 8 a.m. or after 9 p.m.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Supplier Contracts."> <paragraph num="A."> <text>Minimum Contract Requirements.</text> <paragraph num="(1)"> <text>Only a person licensed under COMAR 20.54 may execute a gas supply contract with a customer.</text> </paragraph> <paragraph num="(2)"> <text>A supplier contract shall contain all material terms and conditions, including:</text> <paragraph num="(a)"> <text>A list and description of the contract services;</text> </paragraph> <paragraph num="(b)"> <text>A statement of minimum use requirements, if any;</text> </paragraph> <paragraph num="(c)"> <text>A description of any time-of-use restrictions, including seasonal or monthly pricing, if applicable;</text> </paragraph> <paragraph num="(d)"> <text>A clear and concise price description of each service, including but not limited to any condition of variability or limits on price variability;</text> <paragraph num="(i)"> <text>If there is a limit on price variability, such as a specific price cap, a maximum percentage increase in price between billing cycles or minimum/maximum charges per therm for natural gas during the term of the contract, the supplier shall clearly explain applicable limits;</text> </paragraph> <paragraph num="(ii)"> <text>If there is not a limit on price variability, the supplier shall clearly and conspicuously state that there is not a limit on how much the price may change from one billing cycle to the next.</text> </paragraph> </paragraph> <paragraph num="(e)"> <text>A notice that the contract does not include utility charges;</text> </paragraph> <paragraph num="(f)"> <text>A billing procedure description explicitly identifying the billing method that will be used by the supplier;</text> </paragraph> <paragraph num="(g)"> <text>A notice that the customer acknowledges that customer billing and payment information may be provided to:</text> <paragraph num="(i)"> <text>The supplier if the customer receives utility-consolidated billing services; or</text> </paragraph> <paragraph num="(ii)"> <text>The utility if the customer receives supplier-consolidated billing services;</text> </paragraph> </paragraph> <paragraph num="(h)"> <text>The frequency of the customers bill, if the customer receives supplier-consolidated billing services;</text> </paragraph> <paragraph num="(i)"> <text>The method by which the customer will receive the bill from the supplier if the customer receives supplier-consolidated billing;</text> </paragraph> <paragraph num="(j)"> <text>A statement of contract duration, including the initial time period and any rollover provision;</text> </paragraph> <paragraph num="(k)"> <text>A deposit requirement, if any, including:</text> <paragraph num="(i)"> <text>The amount of the deposit;</text> </paragraph> <paragraph num="(ii)"> <text>A description of when and under what circumstances the deposit will be returned;</text> </paragraph> <paragraph num="(iii)"> <text>A description of how the deposit may be used; and</text> </paragraph> <paragraph num="(iv)"> <text>A description of how the deposit will be protected;</text> </paragraph> </paragraph> <paragraph num="(l)"> <text>A description of any fee or charge and the circumstances under which a customer may incur a fee or charge;</text> </paragraph> <paragraph num="(m)"> <text>A statement that the supplier may terminate the contract early, including the:</text> <paragraph num="(i)"> <text>Circumstances under which early cancellation by the supplier may occur;</text> </paragraph> <paragraph num="(ii)"> <text>Manner in which the supplier shall notify the customer of the early cancellation of the contract;</text> </paragraph> <paragraph num="(iii)"> <text>Duration of the notice period before early supplier cancellation; and</text> </paragraph> <paragraph num="(iv)"> <text>Remedies available to the customer if early cancellation occurs;</text> </paragraph> </paragraph> <paragraph num="(n)"> <text>A statement that the customer may terminate the contract early, including the:</text> <paragraph num="(i)"> <text>Circumstances under which early cancellation by the customer may occur;</text> </paragraph> <paragraph num="(ii)"> <text>Manner in which the customer shall notify the supplier of the early cancellation of the contract;</text> </paragraph> <paragraph num="(iii)"> <text>Duration of the notice period before early cancellation;</text> </paragraph> <paragraph num="(iv)"> <text>Remedies available to the supplier if early cancellation occurs;</text> </paragraph> <paragraph num="(v)"> <text>Amount of any early cancellation fee; and</text> </paragraph> <paragraph num="(vi)"> <text>Statement that the supplier cannot charge a termination fee to energy assistance households;</text> </paragraph> </paragraph> <paragraph num="(o)"> <text>A statement describing contract renewal procedures, if any;</text> </paragraph> <paragraph num="(p)"> <text>A statement describing how the customer may access future pricing information;</text> </paragraph> <paragraph num="(q)"> <text>A dispute procedure;</text> </paragraph> <paragraph num="(r)"> <text>Identification if the contract is for an energy assistance household;</text> </paragraph> <paragraph num="(s)"> <text>A statement that a contract may be cancelled early if a supplier can no longer serve the customer under the existing contract between the supplier and the customer as required by Public Utilities Article, §4-308, Annotated Code of Maryland;</text> </paragraph> <paragraph num="(t)"> <text>A statement, in a prominent manner with specific written confirmation, regarding whether the customer is receiving, or received during the previous fiscal year, energy assistance from an energy assistance program; and</text> </paragraph> <paragraph num="(u)"> <text>The Commission's toll-free number and Internet address.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Beginning July 1, 2023, if a supplier’s offer is a Commission-approved offer for energy assistance households, the supplier contract shall contain a statement that energy assistance households cannot be charged more than the utility’s gas commodity or net purchased gas charge.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Contract Summary.</text> <paragraph num="(1)"> <text>At the time of completion of the contracting process, a supplier shall provide the customer a copy of the executed contract and completed Contract Summary on the form provided by the Commission.</text> </paragraph> <paragraph num="(2)"> <text>If the contract is completed through telephone solicitation, the supplier shall send the Contract Summary to the customer along with the contract that must be signed by the customer and returned as required by the Maryland Telephone Solicitations Act. If the contract is exempt from the Maryland Telephone Solicitations Act, the supplier shall send the Contract Summary with the contract to the customer.</text> </paragraph> <paragraph num="(3)"> <text>If enrollment is completed through the internet, the Contract Summary shall be:</text> <paragraph num="(a)"> <text>Available online and made available for download by the customer at the time of contracting; and</text> </paragraph> <paragraph num="(b)"> <text>Shall be transmitted to the customer by the supplier by mail or by email if the customer consents to receipt of email disclosures.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>If the contract is completed in person, the contract and the Contract Summary shall be reviewed with and provided to the customer by the supplier in hard copy or electronically, and the executed contract and Contract Summary provided to the customer at the time of contracting in hard copy or electronically if the customer consents to electronic disclosures.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Methods of Contracting.</text> <paragraph num="(1)"> <text>A supplier may not enroll a customer using a process that does not require affirmative confirmation by the customer.</text> </paragraph> <paragraph num="(2)"> <text>If a supplier solicitation is in writing or a supplier contract is provided in response to documents submitted upon personal contact, a signed contract is required.</text> </paragraph> <paragraph num="(3)"> <text>Internet Contracts.</text> <paragraph num="(a)"> <text>A supplier that contracts with a customer by means of the Internet shall:</text> <paragraph num="(i)"> <text>Confirm the identity of the person making the contract;</text> </paragraph> <paragraph num="(ii)"> <text>Comply with applicable Maryland and federal law; and</text> </paragraph> <paragraph num="(iii)"> <text>Take appropriate steps to safeguard customer privacy.</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>A supplier that sends a contract over the Internet to a valid email address of the contracting customer is considered to have complied with §B(3)(a)(i) of this regulation.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>Telephone Contracts.</text> <paragraph num="(a)"> <text>A supplier may contract with a customer through a telephone solicitation.</text> </paragraph> <paragraph num="(b)"> <text>If a supplier is contracting with a customer as a result of a telephone solicitation that is exempt from all applicable State and federal law, including the Maryland Telephone Solicitations Act, Commercial Law Article, §§14-220114-2205, Annotated Code of Maryland, a supplier shall:</text> <paragraph num="(i)"> <text>Comply with this chapter;</text> </paragraph> <paragraph num="(ii)"> <text>Confirm that customer questions relating to the contract are answered;</text> </paragraph> <paragraph num="(iii)"> <text>Confirm that an independent third party verifies the contract, or record the entire telephone conversation and maintain the recording for the duration of the contract;</text> </paragraph> <paragraph num="(iv)"> <text>Mail or otherwise transmit to the customer a complete written contract within 3 business days of the contracting conversation; and</text> </paragraph> <paragraph num="(v)"> <text>Disclose all material contract terms and conditions to the customer over the telephone.</text> </paragraph> </paragraph> <paragraph num="(c)"> <text>A supplier that sends a contract over the Internet to a valid email address of the contracting customer is considered to have complied with §B(4)(b)(iv) of this regulation.</text> </paragraph> </paragraph> </paragraph> <paragraph num="D."> <text>Evergreen Contracts.</text> <paragraph num="(1)"> <text>A supplier shall provide a customer with a notice of the pending renewal of an evergreen contract 45 days before the automatic renewal is scheduled to occur.</text> </paragraph> <paragraph num="(2)"> <text>The supplier notice required under §C(1) of this regulation shall:</text> <paragraph num="(a)"> <text>Provide a clearly stated and highlighted notice to a customer of any changes in the material terms and conditions of the agreement;</text> </paragraph> <paragraph num="(b)"> <text>Inform the customer how to terminate the contract without penalty;</text> </paragraph> <paragraph num="(c)"> <text>Inform the customer that terminating the evergreen contract without selecting another supplier will return the customer to utility commodity service; and</text> </paragraph> <paragraph num="(d)"> <text>Inform the customer how to access the customer’s rate for the next billing cycle in accordance with 20.59.07.13.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>A clear and concise price description of each service, including, but not limited to, any condition of variability or limits on price variability.</text> <paragraph num="(a)"> <text>If there is a limit on price variability, such as a specific price cap, a maximum percentage increase in price between billing cycles or minimum/maximum charges per therm of natural gas during the term of the contract, the supplier shall clearly explain applicable limits.</text> </paragraph> <paragraph num="(b)"> <text>If there is not a limit on price variability, the supplier shall clearly and conspicuously state that there is not a limit on how much the price may change from one billing cycle to the next.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>A supplier that provides supplier-consolidated billing services may transmit the notice required in §D(1) of this regulation with the customer’s bill if the notice is also provided in a separate mailing.</text> </paragraph> <paragraph num="(5)"> <text>If the supplier includes with a customer’s bill the notice of pending renewal required in §D(1) of this regulation, the notice shall be prominently displayed.</text> </paragraph> <paragraph num="(6)"> <text>Beginning July 1, 2023, a supplier may not renew an evergreen contract for an energy assistance household unless the renewal is onto a Commission-approved contract for energy assistance households.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".09" heading="Customer Disclosure."> <paragraph num="A."> <text>Price Information.</text> <paragraph num="(1)"> <text>A supplier’s price for service shall include, but not be limited to, all fixed and variable components.</text> </paragraph> <paragraph num="(2)"> <text>When noncommodity products are provided with the commodity under supplier-consolidated billing, the supplier shall:</text> <paragraph num="(a)"> <text>List the commodity price for energy service separately from other products if the commodity is sold separately from the other products;</text> </paragraph> <paragraph num="(b)"> <text>List the total charges for all products and services as the price of the commodity if the supplier does not permit a customer to purchase the gas product without purchasing the other products or services;</text> </paragraph> <paragraph num="(c)"> <text>Provide the approximate commodity and noncommodity portions of the price upon the customer’s request; and</text> </paragraph> <paragraph num="(d)"> <text>Disclose, if the commodity product has a one-time up-front cost, the price of a commodity product over a 12-month period with 1/12 of the cost being attributed to a single month for the purposes of comparing to the supplier price comparison information in the utility service territory.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>When a gas supplier compares the supplier's price to the price a customer would pay for utility gas commodity service, the gas commodity service price is the sales service price offered in the gas utility territory where the supplier's service is to be provided.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Notice of Enrollment.</text> <paragraph num="(1)"> <text>A gas supplier shall provide notice of enrollment of a customer to a utility in a format consistent with the Commission-accepted gas utility supplier coordination agreement or tariff, as applicable.</text> </paragraph> <paragraph num="(2)"> <text>Supplier and Utility Notice of Enrollment to Customer.</text> <paragraph num="(a)"> <text>A supplier and the utility shall provide written notice of enrollment to a customer entering into an agreement with the supplier on the next business day following the supplier’s receipt of the utility’s enrollment response.</text> </paragraph> <paragraph num="(b)"> <text>A supplier offering supplier-consolidated billing services shall include the following information in its notice of enrollment to a customer under this subsection:</text> <paragraph num="(i)"> <text>An explanation of each payment method a customer may use to pay the gas supplier;</text> </paragraph> <paragraph num="(ii)"> <text>The information necessary for the customer to submit payment to the supplier; and</text> </paragraph> <paragraph num="(iii)"> <text>A statement that the customer’s previous billing providers may continue to bill the customer for unpaid charges.</text> </paragraph> </paragraph> <paragraph num="(c)"> <text>In the notice provided to a customer as required under this subsection or, if provided for a customer switching away from supplier-consolidated billing, the utility shall indicate:</text> <paragraph num="(i)"> <text>The entity that will send the bill; and</text> </paragraph> <paragraph num="(ii)"> <text>The customer’s previous bill providers may still bill the customer for unpaid charges up through the date of enrollment.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(3)"> <text>Notice of enrollment under §B(1) of this regulation shall include the following:</text> <paragraph num="(a)"> <text>Customer name;</text> </paragraph> <paragraph num="(b)"> <text>Customer service address;</text> </paragraph> <paragraph num="(c)"> <text>Billing name;</text> </paragraph> <paragraph num="(d)"> <text>Billing address;</text> </paragraph> <paragraph num="(e)"> <text>Utility name;</text> </paragraph> <paragraph num="(f)"> <text>Utility account number;</text> </paragraph> <paragraph num="(g)"> <text>Supplier name;</text> </paragraph> <paragraph num="(h)"> <text>Supplier identifier;</text> </paragraph> <paragraph num="(i)"> <text>Commodity provided;</text> </paragraph> <paragraph num="(j)"> <text>Effective date of the enrollment; and</text> </paragraph> <paragraph num="(k)"> <text>Whether the customer will receive supplier-consolidated billing service.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".10" heading="Notice of Contract Expiration or Cancellation."> <paragraph num="A."> <text>Notice. Except as permitted in §§D and G of this regulation, a supplier shall provide the customer with notice at least 30 days before expiration or cancellation of a supply contract.</text> </paragraph> <paragraph num="B."> <text>Contents of Notice. The supplier's expiration or cancellation notice required under §A of this regulation shall include:</text> <paragraph num="(1)"> <text>Final bill payment instructions;</text> </paragraph> <paragraph num="(2)"> <text>A statement informing the customer that, unless the customer selects a new service provider, cancellation of the contract shall return the customer to the utility; and</text> </paragraph> <paragraph num="(3)"> <text>The toll-free telephone number and the web site address of the Commission.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Early Cancellation.</text> <paragraph num="(1)"> <text>Notice of early cancellation by the supplier shall comply with §B of this regulation.</text> </paragraph> <paragraph num="(2)"> <text>Early Cancellation Fee.</text> <paragraph num="(a)"> <text>A supplier may impose a reasonable early cancellation fee if a customer cancels the contract before the expiration date.</text> </paragraph> <paragraph num="(b)"> <text>A supplier may deduct a cancellation fee from a customer deposit.</text> </paragraph> <paragraph num="(c)"> <text>Beginning July 1, 2023, a supplier may not impose a cancellation fee on an energy assistance household.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Except as provided in COMAR 20.59.04.02 and .04 or in a tariff providing for a supplier default, a utility may remove a customer from supplier services only if directed by a supplier, subject to applicable bankruptcy law.</text> </paragraph> <paragraph num="(4)"> <text>On request of a customer to cancel supply service with the supplier, a supplier shall process the customer's cancellation request for gas service within 2 utility business days after receipt of the cancellation request.</text> </paragraph> <paragraph num="(5)"> <text>When a supplier contracts with a customer, the newly contracting supplier shall notify the customer that the customer may incur early cancellation penalties under a current supplier contract.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Drop for Nonpayment Under Supplier-Consolidated Billing.</text> <paragraph num="(1)"> <text>A supplier providing supplier-consolidated billing services shall provide a nonpaying customer a minimum notice of 5 days before cancellation of the customer's contract.</text> </paragraph> <paragraph num="(2)"> <text>A supplier's notice to a nonpaying customer shall include the information in §B of this regulation and the following:</text> <paragraph num="(a)"> <text>The total amount due;</text> </paragraph> <paragraph num="(b)"> <text>The date by which the payment is due to the supplier;</text> </paragraph> <paragraph num="(c)"> <text>The date on or after which the supplier will transmit the drop request to the utility if payment is not received;</text> </paragraph> <paragraph num="(d)"> <text>Notice that the customer may still receive gas supply from the supplier until the end of the current month or the next month after the customer is dropped; and</text> </paragraph> <paragraph num="(e)"> <text>The telephone number at which the supplier representatives who handle payment arrangements, payment plans, and customer complaints may be reached.</text> </paragraph> </paragraph> </paragraph> <paragraph num="E."> <text>A supplier that provides supplier-consolidated billing services may transmit the notice required in §A or D of this regulation with the customer's bill.</text> </paragraph> <paragraph num="F."> <text>The supplier shall provide a notice required by §E of this regulation in a prominent manner.</text> </paragraph> <paragraph num="G."> <text>Cancellation of Contract for Customers Who Start Receiving Energy Assistance.</text> <paragraph num="(1)"> <text>A supplier which receives notice from a utility that a customer is newly identified as an energy assistance household shall provide notice to the customer within 3 business days.</text> </paragraph> <paragraph num="(2)"> <text>The notice shall:</text> <paragraph num="(a)"> <text>Inform the customer that:</text> <paragraph num="(i)"> <text>The supplier can no longer serve the customer under their existing contract under Public Utilities Article, §4-308;</text> </paragraph> <paragraph num="(ii)"> <text>Unless the customer selects a new service provider with a Commission-approved contract for energy assistance households, cancellation of the contract shall return the customer to the utility’s standard offer service; and</text> </paragraph> <paragraph num="(iii)"> <text>The supplier cannot charge a termination or early cancellation fee; and</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>Provide the toll-free telephone number and the website address of the Commission.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>In addition to the notice required in §G(2) of this regulation, if the supplier chooses to offer the customer a Commission-approved contract for energy assistance households, then the supplier shall include all the information necessary to enroll the customer, including:</text> <paragraph num="(a)"> <text>The Commission-approved contract for energy assistance households and the contract summary; and</text> </paragraph> <paragraph num="(b)"> <text>Instructions for the customer to provide consent to receive service under the Commission-approved contract for energy assistance households.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>If the existing contract allows the supplier to provide service under a Commission-approved contract for energy assistance without additional customer consent, the supplier shall include in the notice the Commission-approved contract for energy assistance households and the contract summary.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".11" heading="Rescission Period."> <text>A supplier is not required to offer a contract rescission period except where required by law.</text> </regulation> <regulation prefix="Regulation" num=".12" heading="Assignment of Contract."> <paragraph num="A."> <text>At least 30 days prior to the effective date of any assignment or transfer of a supplier contract from one supplier to another, the suppliers shall jointly provide written notice to the customers of the supplier, the Commission, the utility and the Office of Peoples Counsel of the assignment or transfer.</text> <paragraph num="(1)"> <text>Notice to Customer. The suppliers shall jointly send a letter to the customer informing them of the assignment or transfer. The letter shall include:</text> <paragraph num="(a)"> <text>A description of the transaction in clear and concise language including the effective date of the assignment or transfer; and</text> </paragraph> <paragraph num="(b)"> <text>Customer service contact information for the assignee.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>The terms and conditions of the customers contract at the time of assignment shall remain the same for the remainder of the contract term; and</text> </paragraph> <paragraph num="(3)"> <text>The suppliers shall file a notice with the Commission, with a copy to the Office of Peoples Counsel and the utility, of the assignment or transfer of the customer contracts and include a copy of the letter sent to customers.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Upon request by the Commission, the assignee shall be responsible for providing documents and records related to the assigned contracts. Records shall be maintained for a period of three years or until the contracts are expired, whichever is longer.</text> </paragraph> <paragraph num="C."> <text>An assignment or transfer of a supplier contract from one supplier to another is not an enrollment or drop.</text> </paragraph> <paragraph num="D."> <text>Notice of Assignment or Transfer from One Supplier-Consolidated Biller to Another. If the suppliers notice in §A of this regulation is to a customer receiving supplier-consolidated billing services and the customer will continue to receive supplier-consolidated billing services from the new supplier, the notice shall include the requirements in §A of this regulation and also include:</text> <paragraph num="(1)"> <text>That the customer will receive bills from the new supplier that will include both the utility and supplier charges;</text> </paragraph> <paragraph num="(2)"> <text>Each method a customer may use to submit payment to the new gas supplier;</text> </paragraph> <paragraph num="(3)"> <text>The information necessary for the customer to submit payment to the new supplier; and</text> </paragraph> <paragraph num="(4)"> <text>A statement that the customers previous billing provider may bill the customer for unpaid charges.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Notice of Assignment or Transfer that Changes a Billing Method.</text> <paragraph num="(1)"> <text>The suppliers may not change a customer billing method through an assignment or transfer of contract unless permitted by the customers contract with the assignor or transferor.</text> </paragraph> <paragraph num="(2)"> <text>If the assignment or transfer will result in a change in billing method, the suppliers shall follow all requirements to change a customers billing method in COMAR 20.59.05.06 in addition to the requirements in §A of this regulation.</text> </paragraph> </paragraph> <paragraph num="F."> <text>The suppliers may not transfer a customer with a contract for energy assistance households unless the receiving supplier has a Commission-approved contract for energy assistance households.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".13" heading="Notice of Change in Rate."> <paragraph num="A."> <text>When a customer’s rate changes, a supplier shall make available to a customer his or her rate for the next billing period;</text> <paragraph num="(1)"> <text>The rate shall be made available at least 12 days prior to close of the customer’s billing period;</text> </paragraph> <paragraph num="(2)"> <text>The rate shall be made available in a clear, easy to access format prescribed by the supplier;</text> </paragraph> <paragraph num="(3)"> <text>The supplier shall promptly provide the customer written directions on how to access the rate:</text> <paragraph num="(a)"> <text>At the time of contracting;</text> </paragraph> <paragraph num="(b)"> <text>In the Contract Summary;</text> </paragraph> <paragraph num="(c)"> <text>When sending any notice as required in this title;</text> </paragraph> <paragraph num="(d)"> <text>Upon request; or</text> </paragraph> <paragraph num="(e)"> <text>If the supplier changes the directions for accessing the rate.</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>A supplier may provide an estimated rate for the customer’s next billing period, provided the estimated rate is made available at least twelve days prior to the close of the customer’s billing period. If the supplier provides an estimated rate for the customer, the supplier shall not use a rate for billing purposes that is higher than the estimate.</text> </paragraph> <paragraph num="C."> <text>Written Notice Requirement.</text> <paragraph num="(1)"> <text>If a contract with a fixed rate for three or more billing cycles changes to a variable month-to-month price and a change in the contract rate will be equal to or exceed 30 percent of the supplier’s current supply rate, the supplier shall provide written notice of the new rate to the customer at least 12 days prior to the close of the customer’s billing period.</text> </paragraph> <paragraph num="(2)"> <text>The written notice shall be provided by mail, or with the mutual consent of the supplier and customer, by email, text, automated phone message or other manner.</text> </paragraph> <paragraph num="(3)"> <text>The supplier shall maintain records that such notice was provided to the customer.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Neither a supplier nor a customer may limit or waive this provision.</text> </paragraph> <paragraph num="E."> <text>A supplier may charge a rate lower than its stated rate in a contract for energy assistance households to comply with Public Utilities Article, §4-308, Annotated Code of Maryland, without providing notice.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".14" heading="Energy Assistance Households."> <paragraph num="A."> <text>Utility Obligation to Reject Enrollments.</text> <paragraph num="(1)"> <text>Beginning on July 1, 2023, an energy assistance household may only be enrolled by a supplier onto a Commission-approved contract for energy assistance households.</text> </paragraph> <paragraph num="(2)"> <text>Beginning on July 1, 2023, when a utility receives a supplier enrollment the utility shall determine the customer’s energy assistance household status and reject the enrollment if the supplier does not have a Commission-approved contract for energy assistance households. When rejecting an enrollment, the utility shall identify the reason for rejecting the enrollment as the customer’s energy assistance household status.</text> </paragraph> <paragraph num="(3)"> <text>The utility shall record the number of rejected enrollments and provide annual reporting to the Commission.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Contracts for Energy Assistance Households.</text> <paragraph num="(1)"> <text>A contract for energy assistance households shall guarantee service at rates at or below the utility’s gas commodity price or net purchased gas charge for the term of the contract.</text> </paragraph> <paragraph num="(2)"> <text>The retail supplier’s rate for comparison shall include all commodity charges, including fixed charges divided by the therms consumed.</text> </paragraph> <paragraph num="(3)"> <text>The retail supplier’s rate may not include a downward adjustment to reflect non-energy products or services that the supplier provides or offers to customers, including, but not limited to, gift cards, free or discounted warranties, and discounts for non-energy products.</text> </paragraph> <paragraph num="(4)"> <text>For billing periods which extend over more than one utility gas commodity price or net purchased gas charge, the rate for comparison shall be:</text> <paragraph num="(a)"> <text>If the customer does not have an AMI meter, the weighted average of the number of days on each gas commodity price or net purchased gas charge; or</text> </paragraph> <paragraph num="(b)"> <text>If the customer does have an AMI meter, the gas commodity price or net purchased gas charge applied to the usage on each rate.</text> </paragraph> </paragraph> </paragraph> <paragraph num="C."> <text>For contracts signed or renewed on or after July 1, 2023, if a supplier charges a customer in an energy assistance household pursuant to a contract that is not a Commission-approved contract for energy assistance households, the customer is entitled to remedies as defined in §D of this regulation.</text> </paragraph> <paragraph num="D."> <text>Customer Remedies.</text> <paragraph num="(1)"> <text>Refund.</text> <paragraph num="(a)"> <text>Customer remedies for a violation of §§B and C of this regulation shall be a refund for each billing period where the supplier charged more than the utility gas commodity price or net purchased gas charge.</text> </paragraph> <paragraph num="(b)"> <text>The refund shall be calculated as the difference between the monies paid during the billing period and the utility gas commodity price or net purchased gas charge.</text> </paragraph> <paragraph num="(c)"> <text>The refund shall include interest based on the interest rate that is applied to a utility’s refund of customer deposits under COMAR 30.01.05.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>The refund shall be remitted as follows:</text> <paragraph num="(a)"> <text>If the charges have been billed by and the receivable purchased by the utility, the refund shall be remitted to the utility by the supplier. The refund shall be applied to the customer’s utility account current balance and the excess returned to the customer upon request. If the customer is no longer served by the utility, then the refund shall be returned to the customer.</text> </paragraph> <paragraph num="(b)"> <text>Upon purchase of any receivable under this section, the utility shall be entitled to collect from the customer, and the customer shall be responsible to pay the utility, the total amount billed less any refund.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>A supplier shall have a grace period of 10 business days to update their systems to bill a lower new gas commodity price or net purchased gas charge for contracts for energy assistance households after a utility posts a new gas commodity price or net purchased gas charge.</text> </paragraph> </paragraph> </regulation> <annotations> <annotation type="Authority">Public Utilities Article, §§2-113, 2-121, 4-308, 5-101, 7-507, 7-511, and 7-601—7-606, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date:</annotation> <annotation type="History" subtype="Administrative History">Regulations.01—.11 adopted as an emergency provision effective July 16, 2009 (36:17 Md. R. 1311); adopted permanently effective October 5, 2009 (36:20 Md. R. 1532)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02A amended effective July 10, 2023 (50:13 Md. R. 513)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05 amended effective March 14, 2016 (43:5 Md. R. 387); July 10, 2023 (50:13 Md. R. 513)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05C amended effective March 7, 2022 (49:5 Md. R. 367)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06A amended effective March 7, 2022 (49:5 Md. R. 367)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06C adopted effective March 7, 2022 (49:5 Md. R. 367)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07 amended effective July 10, 2023 (50:13 Md. R. 514)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07B, C amended effective March 14, 2016 (43:5 Md. R. 387)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07B, D amended effective May 26, 2025 (52:10 Md. R. 439)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07C amended effective March 11, 2019 (46:5 Md. R. 310); March 7, 2022 (49:5 Md. R. 367)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08 amended effective March 14, 2016 (43:5 Md. R. 387)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08A, D amended effective March 7, 2022 (49:5 Md. R. 367); July 10, 2023 (50:13 Md. R. 513)</annotation> <annotation type="History" subtype="Administrative History">Regulation .09 amended effective March 7, 2022 (49:5 Md. R. 367)</annotation> <annotation type="History" subtype="Administrative History">Regulation .09A amended effective March 14, 2016 (43:5 Md. R. 387)</annotation> <annotation type="History" subtype="Administrative History">Regulation .10A, C amended effective March 14, 2016 (43:5 Md. R. 387); July 10, 2023 (50:13 Md. R. 513)</annotation> <annotation type="History" subtype="Administrative History">Regulation .10A amended effective March 7, 2022 (49:5 Md. R. 367)</annotation> <annotation type="History" subtype="Administrative History">Regulation .10D—F adopted effective March 7, 2022 (49:5 Md. R. 367)</annotation> <annotation type="History" subtype="Administrative History">Regulation .10G adopted effective July 10, 2023 (50:13 Md. R. 513)</annotation> <annotation type="History" subtype="Administrative History">Regulation .11 amended effective March 14, 2016 (43:5 Md. R. 387)</annotation> <annotation type="History" subtype="Administrative History">Regulation .12 adopted effective March 14, 2016 (43:5 Md. R. 387)</annotation> <annotation type="History" subtype="Administrative History">Regulation .12D—E adopted effective March 7, 2022 (49:5 Md. R. 367)</annotation> <annotation type="History" subtype="Administrative History">Regulation .12F adopted effective July 10, 2023 (50:13 Md. R. 513)</annotation> <annotation type="History" subtype="Administrative History">Regulation .13 adopted effective March 14, 2016 (43:5 Md. R. 387)</annotation> <annotation type="History" subtype="Administrative History">Regulation .13E adopted effective July 10, 2023 (50:13 Md. R. 513)</annotation> <annotation type="History" subtype="Administrative History">Regulation .14 adopted effective July 10, 2023 (50:13 Md. R. 513)</annotation> </annotations> </chapter> <chapter num="08" heading="Supplier-Consolidated Billing Customer Protections"> <regulation prefix="Regulation" num=".01" heading="Scope."> <paragraph num="A."> <text>This chapter applies to suppliers providing supplier-consolidated billing services.</text> </paragraph> <paragraph num="B."> <text>The requirements in this chapter are in addition to all other requirements in COMAR relating to the provision of retail supply.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Alternative Payment Plans."> <paragraph num="A."> <text>A supplier is not required to offer alternative payment plans.</text> </paragraph> <paragraph num="B."> <text>The supplier shall promptly notify the customer of the outcome of a request for an alternative payment plan.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Deposits."> <paragraph num="A."> <text>A supplier may charge a customer a deposit for supplier-consolidated billing subject to the following:</text> <paragraph num="(1)"> <text>A supplier may request a maximum of 4 months of supply charges for a deposit related to commodity service;</text> </paragraph> <paragraph num="(2)"> <text>A supplier is not required to apply its deposit from §A(1) of this regulation or the interest accrued thereon to any utility charges held by the supplier;</text> </paragraph> <paragraph num="(3)"> <text>Any interest earned on deposits held by a supplier shall be returned to the customer if the deposit is not used for collection purposes;</text> </paragraph> <paragraph num="(4)"> <text>Unclaimed deposits, with accrued interest, shall be credited to an appropriate account, or shall otherwise be disposed of in accordance with State law;</text> </paragraph> <paragraph num="(5)"> <text>A supplier shall return a customer’s excess deposit to the customer once the customer has no financial obligation to the supplier; and</text> </paragraph> <paragraph num="(6)"> <text>A supplier shall retain records of deposits for a minimum of 3 years.</text> </paragraph> </paragraph> <paragraph num="B."> <text>If a utility holds a customer’s deposit at the time of enrollment in supplier-consolidated billing, the utility shall:</text> <paragraph num="(1)"> <text>Refund within 60 days the commodity portion of the deposit to the customer after applying the deposit to any outstanding utility charges;</text> </paragraph> <paragraph num="(2)"> <text>Continue to follow all existing deposit requirements under COMAR 20.30.01 and COMAR 20.30.02 for any portion of the deposit retained; and</text> </paragraph> <paragraph num="(3)"> <text>Count payments made by a customer in full and on time to the supplier toward the customer’s good payment record under COMAR 20.30.01.05B and C and COMAR 20.30.02.05B and C.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Deposits for Customers Returning to Utility Billing from Supplier-Consolidated Billing.</text> <paragraph num="(1)"> <text>A utility may request a deposit for supply charges from a customer when a customer switches or is dropped from supplier-consolidated billing in accordance with existing deposit requirements under COMAR 20.30.01 and COMAR 20.30.02.</text> </paragraph> <paragraph num="(2)"> <text>A utility shall consider a customer’s payment record when determining whether to assess a customer’s deposit under COMAR 20.30.01 and COMAR 20.30.02.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Late Payment Charges."> <paragraph num="A."> <text>A supplier shall only charge a late fee if it is specified in the customer’s contract.</text> </paragraph> <paragraph num="B."> <text>A supplier may not charge a late fee in excess of 5 percent.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Customer Bill Record Retention."> <paragraph num="A."> <text>A supplier shall retain customer billing records for the length of time necessary to permit both the supplier and utility to comply with Regulation .06 of this regulation, but not less than 3 years.</text> </paragraph> <paragraph num="B."> <text>A supplier shall make available to the Commission or utility records necessary to ensure accurate bills and appropriate application of payments to utility and supply charges upon request.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Adjustment of Bill."> <paragraph num="A."> <text>Process When a Utility Issues an Adjustment of Bill as Prescribed in COMAR 20.55.04.05 to a Supplier Providing Supplier-Consolidated Billing.</text> <paragraph num="(1)"> <text>The supplier shall refund or credit the customer if the bill adjustment results in an overcharge.</text> </paragraph> <paragraph num="(2)"> <text>The supplier may attempt to collect the amount due from a customer if the bill adjustment made by the utility results in an undercharge.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Process When a Supplier Determines that It Has Incorrectly Billed a Customer.</text> <paragraph num="(1)"> <text>If a supplier determines that the bill adjustment results in an overcharge, the supplier shall refund or credit the customer.</text> </paragraph> <paragraph num="(2)"> <text>If a supplier determines that the bill adjustment results in an undercharge, the supplier may attempt to collect the amount due.</text> </paragraph> <paragraph num="(3)"> <text>Restrictions Regarding Supplier Billing Undercharges Under §B(2) of this Regulation.</text> <paragraph num="(a)"> <text>A supplier may not issue a bill adjustment for an undercharge if the price used to calculate the bill adjustment was not previously disclosed to the customers by contract or as required in COMAR 20.59.07.13.</text> </paragraph> <paragraph num="(b)"> <text>The supplier may retroactively bill an undercharge that is less than 12 months old without Commission authorization.</text> </paragraph> <paragraph num="(c)"> <text>A supplier may seek the Commission’s authorization for retroactive billing for undercharges which occurred more than 12 months but less than 3 years before the discovery of the error if the customer knew, or reasonably should have known, that the bills were in error.</text> </paragraph> <paragraph num="(d)"> <text>If an undercharge is greater than 12 months, the supplier shall provide a written notice to the customer that explains the factual basis for the undercharge together with a notice of the customer’s right to write to the Commission, within 20 days, if the customer is in opposition to the request.</text> </paragraph> </paragraph> </paragraph> <paragraph num="C."> <text>Supplier Billing an Undercharge Under §A or B of this Regulation.</text> <paragraph num="(1)"> <text>If the total undercharge is more than 35 percent of the customer’s average monthly bill during the most recent 3 months of service with the supplier, the customer shall be allowed to enter into an installment plan to pay the total retroactive billing, without interest.</text> </paragraph> <paragraph num="(2)"> <text>In the installment plan under §C(1) of this regulation, the monthly payments against the undercharge may not exceed 35 percent of the customer’s average monthly bill during the most recent 3 months of the customer’s service with the supplier. However, if the installment plan will not recover the total undercharge within a 12-month period, the monthly payment may be equal to the total undercharge divided by a number no less than 12.</text> </paragraph> <paragraph num="(3)"> <text>If requested by a customer, a supplier shall provide a means by which any undercharge may be paid in installments over a reasonable period of time, but not less than the same period over which any undercharges were incurred.</text> </paragraph> <paragraph num="(4)"> <text>If a supplier is required to provide an installment plan due to a utility-identified bill adjustment in §A of this regulation, the unbilled regulated utility charges of an installment plan as required by §C of this regulation may not count toward the limit on the number of days a supplier has to sell customer arrearages to the utility under COMAR 20.59.05.10 D(2).</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Investigation of Complaints."> <paragraph num="A."> <text>A supplier shall investigate promptly and thoroughly any complaint concerning its charges or practices.</text> </paragraph> <paragraph num="B."> <text>A supplier may not charge or pursue collections activities against a customer for charges under dispute at the Commission.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Customer Rights Pamphlet."> <paragraph num="A."> <text>A supplier providing supplier-consolidated billing shall prepare a pamphlet for customers that summarizes the rights and responsibilities of a customer receiving supplier-consolidated billing services.</text> </paragraph> <paragraph num="B."> <text>The contents of the customer rights pamphlet required under §A of this regulation shall be provided on a form approved by the Commission.</text> </paragraph> <paragraph num="C."> <text>The pamphlet shall be mailed or, with the customer’s consent, delivered by electronic means to each customer of the supplier:</text> <paragraph num="(1)"> <text>Together with the contract and contract summary;</text> </paragraph> <paragraph num="(2)"> <text>When a customer’s billing method changes to supplier-consolidated billing services from another billing method;</text> </paragraph> <paragraph num="(3)"> <text>Upon the customer’s request; and</text> </paragraph> <paragraph num="(4)"> <text>Each October of each subsequent year the customer is with the supplier.</text> </paragraph> </paragraph> <paragraph num="D."> <text>The delivery of the pamphlet in §C of this regulation does not alter the requirements of delivery for other materials required by regulation or law.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".09" heading="Call Center Metrics — Supplier-Consolidated Billing."> <paragraph num="A."> <text>A supplier shall ensure that a supplier’s call center representatives who interact with customers at a minimum are able to:</text> <paragraph num="(1)"> <text>Assist customers with contacting a utility, including providing the utility’s phone number, to resolve safety matters related to utility service;</text> </paragraph> <paragraph num="(2)"> <text>Assist customers with billing, disputes, and complaints requests, and provide the utility customer service number upon request; and</text> </paragraph> <paragraph num="(3)"> <text>Explain how a customer can file a complaint with the Commission and provide the Commission’s contact information.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Call Center Metrics.</text> <paragraph num="(1)"> <text>On an annual basis, a supplier shall answer within 30 seconds at least 75 percent of all calls offered to the supplier for customer service.</text> </paragraph> <paragraph num="(2)"> <text>A supplier shall achieve an annual average abandoned call percentage rate of 5 percent or less, calculated by dividing the total number of abandoned calls by the total number of calls offered to the supplier for customer service.</text> </paragraph> <paragraph num="(3)"> <text>A supplier shall design its telecommunications systems to accommodate expected volumes of customer calls with minimal or, if possible, no customer busy signals during normal conditions.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Other Customer Communications Information. A supplier shall state the following in its report to the Commission:</text> <paragraph num="(1)"> <text>The percentage of calls that are answered within 30 seconds;</text> </paragraph> <paragraph num="(2)"> <text>The abandoned call percentage rate;</text> </paragraph> <paragraph num="(3)"> <text>First call resolution;</text> </paragraph> <paragraph num="(4)"> <text>The average time to resolve a customer request; and</text> </paragraph> <paragraph num="(5)"> <text>The average speed of answer, which shall be calculated by dividing the total amount of time callers spend in queue after requesting to speak to a customer service representative through the automated voice response system by the total number of calls handled, including calls handled by the automated voice response system.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Customer Communications Standards Period.</text> <paragraph num="(1)"> <text>A supplier shall measure each standard in this regulation using the 12-month period ending December 31.</text> </paragraph> <paragraph num="(2)"> <text>For the calendar year in which the regulations become effective, the standards shall be measured from the date the regulations are effective until and including December 31 of that year for reporting purposes only.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Reporting.</text> <paragraph num="(1)"> <text>A supplier that uses the same call center for both gas and electric service is not required to provide separate data for both gas and electric service.</text> </paragraph> <paragraph num="(2)"> <text>A supplier that uses the same call center for both gas and electric service in multiple jurisdictions is not required to provide separate data for Maryland customers unless the supplier tracks Maryland customers separately.</text> </paragraph> <paragraph num="(3)"> <text>A supplier shall report its year-ending performance under this regulation to the Commission:</text> <paragraph num="(a)"> <text>For the first 3 years after obtaining a license to provide SCB; and</text> </paragraph> <paragraph num="(b)"> <text>Every 3 years after the supplier has held a SCB license for more than 3 years.</text> </paragraph> </paragraph> </paragraph> <paragraph num="F."> <text>Except as otherwise set forth in §C of this regulation, the standards in this regulation shall apply to customer calls offered to or received by a supplier’s call center, call overflow system, and a third-party vendor retained by the supplier.</text> </paragraph> <paragraph num="G."> <text>Corrective Action Plan. If a supplier fails to satisfy the standard in §A, B or C of this regulation, it shall provide, in its report to the Commission, an explanation of why it did not achieve the standards and provide a corrective action plan if necessary.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Public Utilities Article, §§2-113, 2-121, 5-101, 7-507, 7-603, 7-604(b), and 7-606, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: March 14, 2016 (43:5 Md. R. 387)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective March 11, 2019 (46:5 Md. R. 310)</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.07 recodified to be under COMAR 20.59.10, Supplier-Agent Relations effective March 7, 2022 (49:5 Md. R. 367)</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.09 adopted under new chapter, Supplier-Consolidated Billing Customer Protections effective March 7, 2022 (49:5 Md. R. 367)</annotation> </annotations> </chapter> <chapter num="09" heading="Issuance, Format, and Content of Bills for Supplier-Consolidated Billing"> <regulation prefix="Regulation" num=".01" heading="Scope."> <text>This section applies to suppliers licensed to issue supplier-consolidated bills.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Bill Content."> <paragraph num="A."> <text>Bills shall include accurate and understandable information.</text> </paragraph> <paragraph num="B."> <text>The supplier shall, at a minimum, include the following information on the bill:</text> <paragraph num="(1)"> <text>The supplier’s name, address, website address, and license number;</text> </paragraph> <paragraph num="(2)"> <text>The supplier’s toll-free telephone number and the hours the customer may make billing inquiries;</text> </paragraph> <paragraph num="(3)"> <text>The Commission’s toll-free telephone number and website address;</text> </paragraph> <paragraph num="(4)"> <text>The customer’s name, billing address, service address;</text> </paragraph> <paragraph num="(5)"> <text>The customer’s utility account number;</text> </paragraph> <paragraph num="(6)"> <text>The customer’s retail choice identification number, if applicable;</text> </paragraph> <paragraph num="(7)"> <text>The supplier account number if applicable;</text> </paragraph> <paragraph num="(8)"> <text>The service period for which the bill is rendered;</text> </paragraph> <paragraph num="(9)"> <text>The date on which the bill was issued;</text> </paragraph> <paragraph num="(10)"> <text>The meter number;</text> </paragraph> <paragraph num="(11)"> <text>The next meter reading date;</text> </paragraph> <paragraph num="(12)"> <text>The identification of regulated and nonregulated charges;</text> </paragraph> <paragraph num="(13)"> <text>The identification and itemization of noncommodity charges if sold separately from the commodity;</text> </paragraph> <paragraph num="(14)"> <text>Current gas charges pursuant to the supplier’s contract with the customer, labeled “current charges” and which include:</text> <paragraph num="(a)"> <text>If the supplier provides both gas and electric service to the customer, the supplier’s current electric charges, which shall be separated from gas charges if these charges appear on the same bill;</text> </paragraph> <paragraph num="(b)"> <text>To the extent applicable, an itemization of each charge, including the unit price for supply service, charges other than for gas service, applicable taxes and fees, and any other charges pursuant to the supplier’s contract with the customer;</text> </paragraph> <paragraph num="(c)"> <text>Applicable billing determinants, such as beginning meter read, ending meter read, demand meter read, consumption, demand, meter reading date, and any conversion from meter reading units to billing units; and</text> </paragraph> <paragraph num="(d)"> <text>A distinct marking to identify an estimated bill;</text> </paragraph> </paragraph> <paragraph num="(15)"> <text>Identification of transmission charges or a statement that the transmission charges are included within the supply charges;</text> </paragraph> <paragraph num="(16)"> <text>If the customer is on a budget billing plan with the supplier, the payment due under the plan, which shall be clearly shown in addition to the current charges;</text> </paragraph> <paragraph num="(17)"> <text>An itemization and amount of any nonrecurring charge, including late payment charges, returned check fees, or other fees pursuant to the supplier’s contract with the customer;</text> </paragraph> <paragraph num="(18)"> <text>If the charge is a late payment charge:</text> <paragraph num="(a)"> <text>An explanation of the calculation; and</text> </paragraph> <paragraph num="(b)"> <text>The date of applicability of the late payment charge;</text> </paragraph> </paragraph> <paragraph num="(19)"> <text>Information received from the utility regarding the customer’s regulated gas utility charges including:</text> <paragraph num="(a)"> <text>Those prescribed in COMAR 20.55.04.03 with the exception of COMAR 20.55.04.03A(6)—(8);</text> </paragraph> <paragraph num="(b)"> <text>Universal service program charges;</text> </paragraph> <paragraph num="(c)"> <text>Customer charges;</text> </paragraph> <paragraph num="(d)"> <text>Taxes and fees;</text> </paragraph> <paragraph num="(e)"> <text>The utility’s toll-free telephone number that the customer may call 24 hours a day, 7 days a week, to report gas outages, leaks, odors, and concerns about the safety of the gas system, which shall be prominently displayed on the first page of the bill;</text> </paragraph> <paragraph num="(f)"> <text>The utility’s phone numbers necessary for the customer to make other inquiries, as necessary, unrelated to the utilities bill or outage and safety concerns;</text> </paragraph> <paragraph num="(g)"> <text>The utility’s correspondence address;</text> </paragraph> <paragraph num="(h)"> <text>The utility’s website; and</text> </paragraph> <paragraph num="(i)"> <text>Other information as the Commission may require;</text> </paragraph> </paragraph> <paragraph num="(20)"> <text>All surcharges and fees required by the Comptroller, Commission, and utilities;</text> </paragraph> <paragraph num="(21)"> <text>The total due, broken down by total utility and supply charges, including any prior unpaid amount but excluding the current late payment charge;</text> </paragraph> <paragraph num="(22)"> <text>The previous amount due to the supplier;</text> </paragraph> <paragraph num="(23)"> <text>The date by which payment from the customer must be received by the supplier to avoid a late payment charge;</text> </paragraph> <paragraph num="(24)"> <text>Information on how, and to whom, the customer may make payments;</text> </paragraph> <paragraph num="(25)"> <text>For a variable price product, information on how the customer may access the customer’s price for the next billing cycle in accordance with COMAR 20.59.07.13;</text> </paragraph> <paragraph num="(26)"> <text>Bill inserts as directed by the Commission;</text> </paragraph> <paragraph num="(27)"> <text>Information regarding:</text> <paragraph num="(a)"> <text>The utility’s supply price comparison information; and</text> </paragraph> <paragraph num="(b)"> <text>The contract expiration date; and</text> </paragraph> </paragraph> <paragraph num="(28)"> <text>Any other information as required by a governmental entity.</text> </paragraph> </paragraph> <paragraph num="C."> <text>A supplier may not be required to print a utility’s billing addresses as prescribed under COMAR 20.55.04.03A(11).</text> </paragraph> <paragraph num="D."> <text>Online Bills. A supplier issuing supplier-consolidated bills online shall comply with the following:</text> <paragraph num="(1)"> <text>Supplier will obtain from the customer consent to use online billing;</text> </paragraph> <paragraph num="(2)"> <text>The online billing statement shall include the requirements in §B of this regulation;</text> </paragraph> <paragraph num="(3)"> <text>The supplier shall maintain a secure and encrypted site for accessing the customer’s account;</text> </paragraph> <paragraph num="(4)"> <text>Any fees to accept online payments shall be clearly disclosed in a payment window; and</text> </paragraph> <paragraph num="(5)"> <text>Any payment made online shall be credited to the customer’s account as of the day it is received by the supplier, and the time needed to post the payment shall be clearly stated.</text> </paragraph> </paragraph> </regulation> <annotations> <annotation type="Authority">Public Utilities Article, §§2-113, 2-121, 5-101, 7-507, 7-511, and 7-601—7-606, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: March 7, 2022 (49:5 Md. R. 367)</annotation> </annotations> </chapter> <chapter num="10" heading="Supplier-Agent Relations"> <regulation prefix="Regulation" num=".01" heading="Scope."> <text>This chapter applies to supplier services to residential customers.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Suppliers Responsible for its Agent."> <paragraph num="A."> <text>A supplier may use an agent to conduct marketing or sales activities.</text> </paragraph> <paragraph num="B."> <text>A supplier is responsible for any fraudulent, deceptive or other unlawful marketing acts performed by its agent in the conduct of marketing or sales activities on behalf of a supplier.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Agent Qualifications and Standards."> <paragraph num="A."> <text>A supplier shall develop standards and qualifications for individuals it chooses to hire as its agents. A supplier may not permit an individual to be hired if an individual fails to meet its standards. The standards shall ensure to the fullest extent practicable that the agent’s qualifications, and for door-to-door agents the results of the criminal history record check, safeguard potential customers with whom the agent may make contact.</text> </paragraph> <paragraph num="B."> <text>A supplier may not permit its agent to conduct door-to-door activities unless:</text> <paragraph num="(1)"> <text>The door-to-door agent’s identity has been verified by government-issued identification;</text> </paragraph> <paragraph num="(2)"> <text>The supplier has ensured that the agent meets any local licensing, registration, or permitting requirements of the jurisdiction where the agent will be conducting door-to-door activities; and</text> </paragraph> <paragraph num="(3)"> <text>The agent’s criminal history record meets the supplier’s standards and qualifications.</text> </paragraph> </paragraph> <paragraph num="C."> <text>The criminal history record shall be updated no less than every 36 months, and shall be obtained from either:</text> <paragraph num="(1)"> <text>The Maryland Criminal Justice Information System and the Federal Bureau of Investigation, through the Department of Public Safety and Correctional Services, and from all other states in which the person resided within at least the last 12 months; or</text> </paragraph> <paragraph num="(2)"> <text>A criminal history records check conducted by the supplier or a third party that includes, at a minimum, the following:</text> <paragraph num="(a)"> <text>An all-county search through the Maryland Administrative Office of the Courts, and from all other states in which the person resided within at least the last 12 months;</text> </paragraph> <paragraph num="(b)"> <text>A nationwide federal criminal court search, such as the Federal Public Access to Court Electronic Records (PACER) System;</text> </paragraph> <paragraph num="(c)"> <text>A national multi-state, multi-jurisdictional criminal database search with validation conducted by a member of the National Association of Professional Background Screeners; and</text> </paragraph> <paragraph num="(d)"> <text>The U.S. Department of Justice National Sex Offender Public Registry.</text> </paragraph> </paragraph> </paragraph> <paragraph num="D."> <text>When a supplier contracts to perform door-to-door activities, the supplier shall document that the criminal background investigation has been performed on any door-to-door agents in accordance with this section and with the standards set by the supplier. A supplier may satisfy this requirement by obtaining a written statement verifying that the criminal background check was performed in accordance with this section and with standards set by the supplier and presented in writing.</text> </paragraph> <paragraph num="E."> <text>A supplier shall audit at least every 12 months whether the criminal background checks completed by its independent contractor or vendor have been completed in accordance with this section. A supplier shall provide the Commission notice within 30 days if the audit results demonstrate that the criminal background checks were not completed by the independent contractor or vendor in accordance with this section.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Agent Training."> <paragraph num="A."> <text>A supplier shall ensure the training of its agents on the following subjects:</text> <paragraph num="(1)"> <text>Local, State, and federal laws and regulations that govern marketing, telemarketing, consumer protection and door-to-door sales as applicable to the types of marketing and jurisdiction in which the agent shall engage or operate;</text> </paragraph> <paragraph num="(2)"> <text>Responsible and ethical sales practices;</text> </paragraph> <paragraph num="(3)"> <text>The supplier’s products and services;</text> </paragraph> <paragraph num="(4)"> <text>The supplier’s rates, rate structures, billing, and payment options;</text> </paragraph> <paragraph num="(5)"> <text>The customer’s right to rescind and cancel contracts;</text> </paragraph> <paragraph num="(6)"> <text>The applicability of an early termination fee for contract cancellation when the supplier has one;</text> </paragraph> <paragraph num="(7)"> <text>The necessity of adhering to the script and knowledge of the contents of the script if one is used;</text> </paragraph> <paragraph num="(8)"> <text>The proper completion of transaction documents;</text> </paragraph> <paragraph num="(9)"> <text>The supplier’s Contract Summary;</text> </paragraph> <paragraph num="(10)"> <text>Terms and definitions related to energy supply, transmission and distribution service as found online at the Commission’s website;</text> </paragraph> <paragraph num="(11)"> <text>Information about how customers may contact the supplier to obtain information about billing, disputes and complaints; and</text> </paragraph> <paragraph num="(12)"> <text>The confidentiality and protection of customer information.</text> </paragraph> </paragraph> <paragraph num="B."> <text>If an agent represents a supplier engaged in supplier-consolidated billing, the agent shall be able to explain:</text> <paragraph num="(1)"> <text>That the customer will receive one bill from the supplier going forward with the utility’s and supplier’s charges;</text> </paragraph> <paragraph num="(2)"> <text>That the customer will pay the supplier directly for all charges billed;</text> </paragraph> <paragraph num="(3)"> <text>That the customer must pay previous billers if the customer has charges outstanding; and</text> </paragraph> <paragraph num="(4)"> <text>Information on where the customer can find the utility’s toll-free telephone number to resolve future concerns relating to outages and safety.</text> </paragraph> </paragraph> <paragraph num="C."> <text>A supplier shall document the training of an agent and maintain a record of the training for 3 years from the date the training was completed.</text> </paragraph> <paragraph num="D."> <text>Training Records.</text> <paragraph num="(1)"> <text>A supplier shall make training materials and training records available to the Commission and the Office of People’s Counsel upon request.</text> </paragraph> <paragraph num="(2)"> <text>Training records shall be treated as confidential.</text> </paragraph> </paragraph> <paragraph num="E."> <text>When a supplier contracts with an independent contractor or vendor to perform marketing or sales activities on the supplier’s behalf, the supplier shall confirm that the contractor or vendor has provided supplier-approved training to agents and independent contractors in accordance with this section.</text> </paragraph> <paragraph num="F."> <text>The supplier shall monitor telephonic and door-to-door marketing and sales calls to:</text> <paragraph num="(1)"> <text>Evaluate the supplier’s training program.</text> </paragraph> <paragraph num="(2)"> <text>Ensure that agents are providing accurate and complete information, complying with applicable rules and regulations and providing courteous service to customers.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Agent Identification; Misrepresentation."> <paragraph num="A."> <text>A supplier shall issue an identification badge to agents to be worn when conducting door-to-door activities or appearing at public events on behalf of a supplier. The badge shall:</text> <paragraph num="(1)"> <text>Accurately identify the supplier, its trade name and logo;</text> </paragraph> <paragraph num="(2)"> <text>Display the agent’s photograph;</text> </paragraph> <paragraph num="(3)"> <text>Display the agent’s full name;</text> </paragraph> <paragraph num="(4)"> <text>Be prominently displayed; and</text> </paragraph> <paragraph num="(5)"> <text>Display a customer service phone number for the supplier.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Upon first contact with a customer, an agent shall:</text> <paragraph num="(1)"> <text>Identify the supplier that he represents; and</text> </paragraph> <paragraph num="(2)"> <text>State that he is not working for and is independent of the customer’s local distribution company.</text> </paragraph> </paragraph> <paragraph num="C."> <text>When conducting door-to-door activities or appearing at a public event, an agent may not wear apparel or accessories or carry equipment that contains branding elements, including a logo, that suggests a relationship that does not exist with a utility, government agency, or another supplier.</text> </paragraph> <paragraph num="D."> <text>A supplier may not use the name, bills, marketing materials or consumer education materials of another supplier, regulated utility, or government agency in a way that suggests a relationship that does not exist.</text> </paragraph> <paragraph num="E."> <text>A supplier or supplier agent may not say or suggest to a customer that a utility customer is required to choose a competitive energy supplier.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Door-to-Door Sales."> <text>The following provisions do not preempt the Maryland Door to Door Sales Act.</text> <paragraph num="A."> <text>A supplier and its agents shall comply with state and local government ordinances regarding door-to-door marketing and sales activities.</text> </paragraph> <paragraph num="B."> <text>A supplier’s agent shall:</text> <paragraph num="(1)"> <text>Prominently display an identification badge; and</text> </paragraph> <paragraph num="(2)"> <text>Offer a business card or other material that lists:</text> <paragraph num="(a)"> <text>The supplier’s name and contact information, including telephone number;</text> </paragraph> <paragraph num="(b)"> <text>The supplier’s Commission license number; and</text> </paragraph> <paragraph num="(c)"> <text>The agent’s name and any other identification numbers provided to the sales agent by the supplier or agent.</text> </paragraph> </paragraph> </paragraph> <paragraph num="C."> <text>A supplier shall establish a policy that requires an agent to terminate contact with a customer if the customer is incapable of understanding and responding to the information being conveyed by the agent.</text> </paragraph> <paragraph num="D."> <text>When an agent completes a transaction with a customer, the agent shall provide a copy of each document that the customer signed or initialed relating to the transaction. A copy of these documents shall be provided to the customer before the agent and the customer leave each other’s presence;</text> </paragraph> <paragraph num="E."> <text>An agent shall immediately leave a residence when requested to do so by a customer or the owner or an occupant of the premises, or if the customer does not express an interest in what the agent is attempting to sell.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Notification Regarding Door-to-Door Activity."> <paragraph num="A."> <text>When a supplier engages in door-to-door activity, the supplier shall notify CAD no later than the morning of the day that the activity begins. The notification shall include general, nonproprietary information about the activity, the period involved and a general description of the geographical area.</text> </paragraph> <paragraph num="B."> <text>A supplier shall provide the utility with general, nonproprietary information about the door-to-door activity that caused the supplier to provide notice to the Commission. The supplier shall provide this general information to the utility no later than the morning of the day that the sales and marketing activities begin. The utility shall use this information only for acquainting its customer service representatives with sales and marketing activity occurring in its service territory so that they may address customer inquiries knowledgably. A utility may not use the information for other purposes.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Public Utilities Article, §§2-113, 2-121, 5-101, 7-507, 7-511, and 7-601—7-606, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date:</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.07 recodified from COMAR 20.59.08, Supplier-Agent Relations effective March 7, 2022 (49:5 Md. R. 367)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04 amended effective March 7, 2022 (49:5 Md. R. 367)</annotation> </annotations> </chapter> </subtitle> <subtitle num="60" heading="Service Supplied by Heating Companies"> <chapter num="01" heading="General" reason="Repealed"> <annotations> <annotation type="History" subtype="Administrative History">Effective date: September 1, 1941 (Order No. 37442)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08 amended effective January 23, 1981 (8:2 Md. R. 117)</annotation> <annotation type="History" subtype="Administrative History">Chapter repealed effective March 31, 2003 (30:6 Md. R. 422)</annotation> </annotations> </chapter> <chapter num="02" heading="Operation and Maintenance of Plant" reason="Repealed"> <annotations> <annotation type="History" subtype="Administrative History">Effective date: September 1, 1941 (Order No. 37442)</annotation> <annotation type="History" subtype="Administrative History">Chapter repealed effective March 31, 2003 (30:6 Md. R. 422)</annotation> </annotations> </chapter> <chapter num="03" heading="Meters and Meter Testing" reason="Repealed"> <annotations> <annotation type="History" subtype="Administrative History">Effective date: September 1, 1941 (Order No. 37442)</annotation> <annotation type="History" subtype="Administrative History">Chapter repealed effective March 31, 2003 (30:6 Md. R. 422)</annotation> </annotations> </chapter> <chapter num="04" heading="Records and Reports" reason="Repealed"> <annotations> <annotation type="History" subtype="Administrative History">Effective date: September 1, 1941 (Order No. 37442)</annotation> <annotation type="History" subtype="Administrative History">Chapter repealed effective March 31, 2003 (30:6 Md. R. 422)</annotation> </annotations> </chapter> </subtitle> <subtitle num="61" heading="Renewable Energy Portfolio Standard Program"> <chapter num="01" heading="General"> <regulation prefix="Regulation" num=".01" heading="Purpose."> <text>The purpose of this subtitle is to establish regulations governing the Renewable Energy Portfolio Standard Program in Maryland.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Scope."> <text>Except as exempted in Public Utilities Companies Article, §7-703, Annotated Code of Maryland, this subtitle applies to:</text> <paragraph num="A."> <text>All suppliers that sell electricity at retail in Maryland; and</text> </paragraph> <paragraph num="B."> <text>Any renewable energy facility participating in the Renewable Energy Portfolio Standard Program.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Definitions."> <paragraph num="A."> <text>In this subtitle, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Administration" has the meaning stated in Public Utilities Article, §7-701(b), Annotated Code of Maryland.</text> </paragraph> <paragraph num="(1-1)"> <text>“Administratively complete” means that the Commission has determined an application to contain the information described in §§D through N of COMAR 20.61.06.02.</text> </paragraph> <paragraph num="(1-2)"> <text>“Administrator” means the qualified financial institution appointed by a qualified offshore wind project to be the administrator of the escrow account, reserve account and administrator GATS account designated for that qualified offshore wind project as well as any account in substitution of these accounts, and shall include any replacement administrator appointed under §K or L of COMAR 20.61.06.09.</text> </paragraph> <paragraph num="(1-3)"> <text>“Administrator GATS account” means, with respect to a qualified offshore wind project, the account established by its administrator at GATS, into which a qualified offshore wind project shall transfer all of the ORECs invoiced by that project or into which PJM EIS shall transfer all ORECs created for that project pursuant to standing instructions given to PJM EIS pursuant to §G of COMAR 20.61.06.10.</text> </paragraph> <paragraph num="(1-4)"> <text>“Applicant” means the owner, an authorized officer of the owner, an authorized agent of the owner, or a retail seller contracting with the owner of a renewable energy facility.</text> </paragraph> <paragraph num="(1-5)"> <text>“Application” means the information and materials describing a proposed offshore wind project submitted to the Commission as contemplated by Public Utilities Article, §7-704.1(a)(2), Annotated Code of Maryland.</text> </paragraph> <paragraph num="(1-6)"> <text>“Application period” means the period of time, beginning and ending in accordance with §§(B)(3) and (B)(4) of COMAR 20.61.06.01, during which one or more OSW applicants may submit an application for approval of a proposed offshore wind project.</text> </paragraph> <paragraph num="(1-7)"> <text>“Approved OREC amount” means, with respect to a qualified offshore wind project, a fixed number of ORECs that the project may sell in any calendar year during the term of the OREC price schedule as approved by the Commission in its OREC order.</text> </paragraph> <paragraph num="(1-8)"> <text>“BOEM” means the Bureau of Ocean Energy Management.</text> </paragraph> <paragraph num="(1-9)"> <text>“Business day” means any day other than a Saturday, Sunday or any day on which the Commission or banks in the State are authorized by federal or state law to be closed.</text> </paragraph> <paragraph num="(1-10)"> <text>“Commission” has the meaning stated in Public Utilities Article, §1-101, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(1-11)"> <text>“Community benefit agreement” means a contract between an OSW applicant of a qualified offshore wind project and a local community whereby the OSW applicant provides certain benefits to the local community and agrees to labor practices, as set forth in Public Utilities Article, §7-704.1(e)(1)(i), Annotated Code of Maryland.</text> </paragraph> <paragraph num="(2)"> <text>“Customer” has the meaning stated in Public Utilities Article, §7-704, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(3)"> <text>“Electric company” has the meaning stated in Public Utilities Article, §1-101, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(3-1)"> <text>“Electricity service attributes” means, for a qualified offshore wind project, all energy, capacity, and ancillary services associated with its creation of ORECs.</text> </paragraph> <paragraph num="(4)"> <text>“Electricity supplier” has the meaning stated in Public Utilities Article, §1-101, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(4-1)"> <text>“Escrow account” means, with respect to each qualified offshore wind project, a financial account established at and by that project’s administrator for, among other purposes, receiving payments of OREC purchase payments from OREC purchasers and proceeds of sale of electricity service attributes, and from which transfers will be made to a qualified offshore wind project to pay for ORECs invoiced by that project under COMAR 20.61.06.10.</text> </paragraph> <paragraph num="(4-2)"> <text>“Estimated project COD” means, with respect to a qualified offshore wind project, the date on which project COD is projected to occur, as specified in the project’s application.</text> </paragraph> <paragraph num="(4-3)"> <text>“Executive team” means the officers identified in an OSW applicant’s by-laws or operating agreement and any other person authorized to speak for or act on behalf of the OSW applicant.</text> </paragraph> <paragraph num="(4-4)"> <text>“Expiration date” means the earlier of the date on which the Commission notifies the OSW applicant that its application has not been accepted and 181 days after the close of the application period, which expiration date may be extended by mutual consent of the Commission and the OSW applicant.</text> </paragraph> <paragraph num="(4-5)"> <text>“Fund” has the meaning stated in Public Utilities Article, §7-701(c), Annotated Code of Maryland.</text> </paragraph> <paragraph num="(5)"> <text>“GATS” means the Generation Attribute Tracking System of PJM Environmental Information Services, Inc.</text> </paragraph> <paragraph num="(5-1)"> <text>“GATS Account” means, with respect to a qualified offshore wind project, an account established pursuant to GATS into which renewable energy generation from that qualified offshore wind project will be reported, and based upon which PJM EIS will create ORECs for that qualified offshore wind project, including any replacement account from time to time that may be required by any change in the operating rules of PJM EIS.</text> </paragraph> <paragraph num="(5-2)"> <text>“Generally accepted accounting principles” means accounting principles set forth in the opinions and pronouncements of the Accounting Principles Board of the American Institute of Certified Public Accountants and statements and pronouncements of the Financial Accounting Standards Board or in such other statements by such other entity as have been approved by a significant segment of the accounting profession, which are in effect in the United States as of the relevant date of determination.</text> </paragraph> <paragraph num="(5-3)"> <text>“Generation capacity resource” has the meaning stated in the Reliability Assurance Agreement among load serving entities in the region operated by PJM.</text> </paragraph> <paragraph num="(6)"> <text>Industrial Process Load.</text> <paragraph num="(a)"> <text>“Industrial process load” means the total consumption of electricity by a facility of a company classified in the manufacturing sector under the North American Industry Classification System, Codes 31 through 33.</text> </paragraph> <paragraph num="(b)"> <text>“Industrial process load” does not include consumption of electricity in separately metered areas exclusively devoted to nonmanufacturing related functions, including administrative, managerial, or research and development functions.</text> </paragraph> </paragraph> <paragraph num="(6-1)"> <text>“Interconnection service agreement” means the agreement for interconnection for the project as a generation capacity resource providing for capacity interconnection rights between the project, PJM, and the applicable transmission owner, as may be amended from time to time.</text> </paragraph> <paragraph num="(6-2)"> <text>“International electrotechnical commission” means the international standards organization that prepares and publishes standards for electrical, electronic and related technologies.</text> </paragraph> <paragraph num="(6-3)"> <text>“International financial reporting standards” means the financial accounting standards developed by the International Accounting Standards Board that are in effect as of the relevant date of determination.</text> </paragraph> <paragraph num="(6-4)"> <text>“Level 1 solar” means a solar photovoltaic renewable energy facility that is less than or equal to 10kW in rated capacity at the point of interconnection with the utility.</text> </paragraph> <paragraph num="(6-5)"> <text>“Level 2 solar” means a solar photovoltaic renewable energy facility that is greater than 10kW in rated capacity at the point of interconnection with the utility.</text> </paragraph> <paragraph num="(6-6)"> <text>“Local community” means a “local government” as defined in State Government Article, §11-101(g), Annotated Code of Maryland:</text> <paragraph num="(a)"> <text>Where:</text> <paragraph num="(i)"> <text>Shore-side infrastructure associated with a qualified offshore wind project will be located;</text> </paragraph> <paragraph num="(ii)"> <text>Offshore wind supply chain developed will be located; or</text> </paragraph> <paragraph num="(iii)"> <text>Other economic development will be located; and</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>Which enters into a community benefit agreement with an OSW applicant.</text> </paragraph> </paragraph> <paragraph num="(6-7)"> <text>“Major cost category” means the major capital expenditures of a proposed offshore wind project incurred during development and construction phases, including but not limited to permitting, legal and consulting costs, site and meteorological assessment, ship or barge leases, wharfage fees, construction labor, foundations, support structures, wind turbines, capitalized interest, and owners costs.</text> </paragraph> <paragraph num="(6-8)"> <text>“Maryland Offshore Wind Business Development Fund” means the fund of the same name established under State Government Article, §9-20C-03, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(6-9)"> <text>“Minimum threshold criteria” means the criteria listed in §A of COMAR 20.61.06.03.</text> </paragraph> <paragraph num="(6-10)"> <text>“Minority” means an individual who is a member of any of the groups listed in State Finance and Procurement Article, §14-301(j)(1)(i), Annotated Code of Maryland.</text> </paragraph> <paragraph num="(6-11)"> <text>“Minority Business Enterprise Program” means the program established under State Finance and Procurement Article, Title 14, Subtitle 3, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(6-12)"> <text>“Net metering” has the meaning stated in Public Utilities Article, §7-306, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(7)"> <text>Nonretail Commercial Customer.</text> <paragraph num="(a)"> <text>“Nonretail commercial customer” means a business operating under any North American Industry Classification System Code.</text> </paragraph> <paragraph num="(b)"> <text>“Nonretail commercial customer” does not include a business operating under any North American Industry Classification System Code numbers 31 through 33 or 44 through 45.</text> </paragraph> </paragraph> <paragraph num="(7-1)"> <text>“North American Industry Classification System” or “NAICS” means the standard developed by the Office of Management and Budget and used by federal statistical agencies to classify businesses for the purposes of collecting, analyzing and publishing statistical data.</text> </paragraph> <paragraph num="(7-2)"> <text>“Offshore wind energy RPS” means the offshore wind energy component of the RPS established pursuant to §A of COMAR 20.61.06.07.</text> </paragraph> <paragraph num="(7-3)"> <text>“OREC” has the meaning stated in Public Utilities Article, §7-701, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(7-4)"> <text>“OREC invoice” means a monthly invoice delivered by a qualified offshore wind project under COMAR 20.61.06.10 to its administrator setting forth:</text> <paragraph num="(a)"> <text>The number of ORECs created for that project by PJM EIS in the project’s GATS account for the second generation month immediately preceding the invoice date and in respect of which a PJM EIS statement setting forth the number of ORECs created as at the last day of the month immediately preceding the invoice date is available; and</text> </paragraph> <paragraph num="(b)"> <text>The dollar amount due for the ORECs under that invoice; provided that, an OREC invoice shall not include ORECs in respect of which the project shall have previously invoiced the administrator.</text> </paragraph> </paragraph> <paragraph num="(7-5)"> <text>“OREC order” means an order issued by the Commission pursuant to this chapter and Public Utilities Article §7-704.1(f) that, among other things, approves a proposed offshore wind energy project, its related OREC price schedule, the duration of the OREC price schedule and the approved OREC amount.</text> </paragraph> <paragraph num="(7-6)"> <text>“OREC price” means, with respect to a qualified offshore wind project and each calendar year during the term of its OREC price schedule, the price for an OREC for each relevant calendar year set forth in its OREC price schedule approved by the Commission under the project’s OREC order and, following any adjustment as contemplated by §C of COMAR 20.61.06.08, the final adjusted OREC price for each relevant calendar year referenced in a replacement OREC price schedule submitted to the Commission under that regulation.</text> </paragraph> <paragraph num="(7-7)"> <text>“OREC price schedule” means, with respect to a qualified offshore wind project, the price schedule for ORECs for:</text> <paragraph num="(a)"> <text>An initial term of up to 20 years commencing from estimated project COD; and</text> </paragraph> <paragraph num="(b)"> <text>An additional schedule of prices for ORECs for each of 5 years immediately following the end of the initial term to accommodate potential delays in project COD, as approved by the Commission under the project’s OREC order and includes any replacement OREC price schedule submitted to the Commission pursuant to §C of COMAR 20.61.06.08.</text> </paragraph> </paragraph> <paragraph num="(7-8)"> <text>“OREC projected revenue” means, with respect to a qualified offshore wind project, that amount of annual OREC revenues in any given calendar year during the term of an OREC price schedule equal to the product of the OREC price for that year and the approved OREC amount for the same period.</text> </paragraph> <paragraph num="(7-9)"> <text>“OREC purchase obligation” means, the obligation of the OREC purchasers to purchase ORECs from one or more escrow accounts to satisfy the offshore wind energy component of the renewable energy portfolio standard established by the Commission under Public Utilities Article, §7-703(b), Annotated Code of Maryland.</text> </paragraph> <paragraph num="(7-10)"> <text>“OREC purchase payment” means, with respect to an OREC purchaser, the aggregate dollar amount paid by it in each calendar quarter (commencing with the calendar quarter beginning on April 1 of the initial year in which the offshore wind energy RPS takes effect), for deposit in one or more escrow accounts for the purchase of ORECs pursuant to the Commission’s OREC order, OWEA, and this chapter.</text> </paragraph> <paragraph num="(7-11)"> <text>“OREC purchaser” means an electricity supplier that is obligated to purchase ORECs by Public Utilities Article, §7-703(d), Annotated Code of Maryland.</text> </paragraph> <paragraph num="(7-12)"> <text>“OSW applicant” means a person submitting an application for a proposed offshore wind project.</text> </paragraph> <paragraph num="(7-13)"> <text>“OWEA” means the Maryland Offshore Wind Energy Act of 2013, as amended from time to time.</text> </paragraph> <paragraph num="(7-14)"> <text>“Permitted investments” means one or more investment funds operating under an exemption under Rule 2a-7 of the Investment Company Act of 1940, as amended, the investments in which consist exclusively of direct, non-callable obligations (including “strips”) of the United States of America, guaranteed by its full faith and credit, and interests in such other investment funds.</text> </paragraph> <paragraph num="(8)"> <text>“Person” has the meaning stated in Public Utilities Article, §1-101, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(8-1)"> <text>“PJM” means PJM Interconnection, L.L.C. or its successor.</text> </paragraph> <paragraph num="(8-2)"> <text>“PJM EIS” means PJM Environmental Information Services, Inc. or its successor.</text> </paragraph> <paragraph num="(9)"> <text>“PJM Region” has the meaning stated in Public Utilities Article, §7-701, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(9-1)"> <text>“PJM revenues” means amounts payable to a qualified offshore wind project for its sale of electricity service attributes to markets administered by PJM.</text> </paragraph> <paragraph num="(9-2)"> <text>“Project” means a qualified offshore wind project.</text> </paragraph> <paragraph num="(9-3)"> <text>“Project commercial operation date” or “project COD” means, with respect to a qualified offshore wind project, the date on which the project satisfies the requirements for demonstrating commercial operation required by its Interconnection Service Agreement, as may be amended, modified or supplemented from time to time.</text> </paragraph> <paragraph num="(9-4)"> <text>“Project team” means the key individuals whom an OSW applicant hires or contracts with to lead the development, financing, permitting, engineering, procurement, construction, operations, maintenance, decommissioning and other significant functions for a proposed offshore wind project.</text> </paragraph> <paragraph num="(9-5)"> <text>“Proposed offshore wind project” or “proposed project” means an offshore wind project described in an application that is submitted for Commission approval as a qualified offshore wind project.</text> </paragraph> <paragraph num="(9-6)"> <text>“Proposed OREC amount” means, with respect to a proposed offshore wind project, a fixed annual number of renewable energy certificates that the proposed project proposes to sell as ORECs during the term of the proposed OREC price schedule.</text> </paragraph> <paragraph num="(9-7)"> <text>“Proposed OREC price schedule” means, with respect to a proposed offshore wind project, the price schedule described in §M of COMAR 20.61.06.02 setting a price or a series of calendar year prices for the electricity service attributes and the environmental attributes associated with the creation of ORECs.</text> </paragraph> <paragraph num="(9-8)"> <text>“Proposed qualified submerged renewable energy line” means a proposed transmission line, as described by Public Utilities Article, §7-208, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(9-9)"> <text>“Public Information Act exemption request” or “PIA exemption request” means, with regard to a portion or portions of an application, a request by an OSW applicant to exempt certain information from a third-party request under State Government Article, Title 10, Subtitle 6, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(9-10)"> <text>“Qualified financial institution” means a financial institution formed under the laws of the United States of America with an office in the State of Maryland, that satisfies all of the following criteria:</text> <paragraph num="(a)"> <text>It has, at the time of selection, a tangible net worth of no less than $150,000,000;</text> </paragraph> <paragraph num="(b)"> <text>It has a reputable and established division that demonstrates significant experience in carrying out custodial, escrow or account administration services for customers;</text> </paragraph> <paragraph num="(c)"> <text>It is not an employee of any qualified offshore wind project, an affiliate of that project or an employee of any entity affiliated with any qualified offshore wind project;</text> </paragraph> <paragraph num="(d)"> <text>It is not an entity that holds any ownership share in any qualified offshore wind project; and</text> </paragraph> <paragraph num="(e)"> <text>It is not an entity that is providing financing (whether in the form of debt, equity or any combination or derivation thereof) to any qualified offshore wind project; provided that, if the Commission shall have, as contemplated by §D of COMAR 20.61.06.09, determined that factors other than those specified above are relevant in determining whether a proposed administrator qualifies as a qualified financial institution, these other factors and any of the above factors that the Commission considers applicable, shall be deemed to constitute the criteria for determining whether an administrator has ceased to be a qualified financial institution for the purposes of §§K and L of COMAR 20.61.06.09.</text> </paragraph> </paragraph> <paragraph num="(9-11)"> <text>“Qualified offshore wind project” has the meaning stated in Public Utilities Article, §7-701, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(9-12)"> <text>“Reliability Assurance Agreement” means the PJM Interconnection, L.L.C. agreement approved by the Federal Energy Regulatory Commission.</text> </paragraph> <paragraph num="(10)"> <text>“Renewable energy credit (REC)” has the meaning stated in Public Utilities Article, §7-701, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(11)"> <text>“Renewable energy facility” means any person, including a renewable on-site generator that produces electricity using a Tier 1 renewable source or Tier 2 renewable source.</text> </paragraph> <paragraph num="(12)"> <text>“Renewable energy portfolio standard (RPS)” has the meaning stated in Public Utilities Article, §7-701, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(13)"> <text>“Renewable on-site generator” has the meaning stated in Public Utilities Article, §7-701, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(13-1)"> <text>“Reserve account” means, with respect to a qualified offshore wind project, the account established by an administrator into which funds from the escrow account of a project up to an aggregate amount equal to the six-month average of OREC projected revenue for that project for the relevant calendar year during the term of its OREC price schedule shall be deposited as contemplated by §G of COMAR 20.61.06.11.</text> </paragraph> <paragraph num="(13-2)"> <text>“Retail electric customer” has the meaning stated in COMAR 20.51.01.02.</text> </paragraph> <paragraph num="(13-3)"> <text>“Round 1 offshore wind project” has the meaning stated in Public Utilities Article, §7-701, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(13-4)"> <text>“Round 2 offshore wind project” has the meaning stated in Public Utilities Article, §7-701, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(13-5)"> <text>“Small business” has the meaning stated in State Finance and Procurement Article, §14-501, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(13-6)"> <text>“Term” means, with respect to a qualified offshore wind project, the period covered by its OREC price schedule, not exceeding 20 years commencing from project COD, as approved by the Commission in the relevant OREC order; provided that, if project COD occurs later than five years immediately following the estimated project COD, the term of an OREC price schedule shall commence in year six of the schedule described in clause (a) of the definition of OREC price schedule and extend for the term approved by the Commission in the same OREC order.</text> </paragraph> <paragraph num="(14)"> <text>“State adjacent to the PJM control area” means a state that shares a border with the PJM Region or which the PJM Region partially overlaps.</text> </paragraph> <paragraph num="(15)"> <text>“Supplier” means:</text> <paragraph num="(a)"> <text>An electric company as defined under Public Utilities Article, §1-101, Annotated Code of Maryland; or</text> </paragraph> <paragraph num="(b)"> <text>An electricity supplier that sells electricity at retail in Maryland.</text> </paragraph> </paragraph> <paragraph num="(15-1)"> <text>“Thermal biomass system” has the meaning stated in Public Utilities Article, §7-701, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(16)"> <text>“Tier 1 renewable source” has the meaning stated in Public Utilities Article, §7-701, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(17)"> <text>“Tier 2 renewable source” has the meaning stated in Public Utilities Article, §7-701, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(18)"> <text>“Veteran-owned small business enterprise (VSBE)” has the meaning stated in State Finance and Procurement Article, §14-601(c), Annotated Code of Maryland.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Applicable Renewable Portfolio Standard."> <paragraph num="A."> <text>The renewable energy portfolio standard applicable to a supplier for a given calendar year is provided under Public Utilities Article, §7-703, Annotated Code of Maryland.</text> </paragraph> <paragraph num="B."> <text>On or before April 1 of each year, a supplier shall:</text> <paragraph num="(1)"> <text>Accumulate renewable energy credits from electricity generated before December 31 of the preceding calendar year equal to the percentage of credits from Tier 1 renewable sources and Tier 2 renewable sources required by §A of this regulation for that preceding year; or</text> </paragraph> <paragraph num="(2)"> <text>Pay a compliance fee as specified under Public Utilities Article, §7-705, Annotated Code of Maryland.</text> </paragraph> </paragraph> <paragraph num="C."> <text>If appropriate, on or before April 1 of each year, a supplier shall pay the compliance fee required under §B(2) of this regulation to the Comptroller of the Treasury.</text> </paragraph> <paragraph num="D."> <text>Tier 1 Solar Compliance Schedule—Delay Request.</text> <paragraph num="(1)"> <text>If a supplier's actual or projected dollar-for-dollar cost incurred or to be incurred solely for the purchase of Tier 1 solar RECs in any one year is either estimated to or actually does equal 1 percent of the supplier's total annual electricity sales revenue in Maryland, a supplier may request that the Commission:</text> <paragraph num="(a)"> <text>Delay for 1 year each of the scheduled percentages for solar energy under Public Utilities Article, §7-703, Annotated Code of Maryland; and</text> </paragraph> <paragraph num="(b)"> <text>Authorize the renewable energy portfolio standard for solar energy for that year to continue to apply to the electricity supplier for the following year.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>A supplier shall file a request under §D(1) of this regulation on or before February 1 of the year following the compliance year.</text> </paragraph> <paragraph num="(3)"> <text>A supplier request under §D(1) of this regulation shall contain the following information:</text> <paragraph num="(a)"> <text>The actual or projected dollar-for-dollar cost for the purchase of a Tier 1 REC solar and the formula for calculating these figures;</text> </paragraph> <paragraph num="(b)"> <text>The actual or projected total annual retail electricity sales revenue for the electricity supplier seeking the compliance fee schedule deferral and the formula used to calculate these figures; and</text> </paragraph> <paragraph num="(c)"> <text>The supplier's total Maryland retail electricity sales.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Solar REC Purchases and Offshore Wind Energy REC Purchases."> <paragraph num="A."> <text>Prior to January 1, 2012, if insufficient Maryland Tier 1 solar RECs are offered to meet the RPS requirement under Public Utilities Article, §7-703, Annotated Code of Maryland, and only to the extent Maryland Tier 1 solar RECs are insufficient, a supplier may satisfy the statutory requirement with RECs from a solar renewable energy facility not connected with the electric distribution grid serving Maryland.</text> </paragraph> <paragraph num="B."> <text>On or after January 1, 2012, a supplier's Tier 1 solar REC obligation under Public Utilities Article, §7-703, Annotated Code of Maryland, shall be satisfied only with RECs from a solar renewable energy facility connected with the electric distribution grid serving Maryland.</text> </paragraph> <paragraph num="C."> <text>When a supplier purchases Tier 1 solar RECs directly from a Level 1 or Level 2 solar renewable energy facility, the supplier shall:</text> <paragraph num="(1)"> <text>For a Level 1 solar renewable energy facility:</text> <paragraph num="(a)"> <text>Execute a contract with a duration of not less than 15 years and pay the net present value of the contract amount in a single initial payment;</text> </paragraph> <paragraph num="(b)"> <text>Calculate the net present value using:</text> <paragraph num="(i)"> <text>The number of solar RECs purchased and recorded in a GATS account multiplied by 80 percent of the compliance fee specified in Public Utilities Article, §7-705, Annotated Code of Maryland; and</text> </paragraph> <paragraph num="(ii)"> <text>The federal secondary credit interest rate in effect as of January 1 in the contract year for the discount rate; and</text> </paragraph> </paragraph> <paragraph num="(c)"> <text>If the supplier executes a contract directly with a Level 1 solar facility owner or designee, receive annually Tier 1 Solar RECs equal to the calculated annual output of the contracted facility used to determine the single initial payment under §C(1)(a) of this regulation; and</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>For a Level 2 renewable energy solar facility, execute a contract with duration of not less than 15 years.</text> </paragraph> </paragraph> <paragraph num="D."> <text>An electricity supplier must purchase ORECs in accordance with COMAR 20.61.06.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Satisfaction of Renewable Energy Portfolio Standard."> <paragraph num="A."> <text>A supplier shall have a calendar year renewable energy portfolio consisting of renewable energy credits associated with Tier 1 renewable sources, including the required solar renewable energy credits and the required offshore wind renewable energy credits, and Tier 2 renewable sources.</text> </paragraph> <paragraph num="B."> <text>A supplier shall satisfy Tier 1 REC requirements by submitting to the Commission the following:</text> <paragraph num="(1)"> <text>A summary of RECs associated with generation from any Tier 1 renewable source, excluding RECs associated with electricity derived from solar energy and RECs associated with electricity derived from offshore wind energy;</text> </paragraph> <paragraph num="(2)"> <text>A summary of RECs associated with electricity derived from solar energy;</text> </paragraph> <paragraph num="(3)"> <text>A summary of RECs associated with electricity derived from offshore wind energy;</text> </paragraph> <paragraph num="(4)"> <text>For each REC submitted under this regulation, a copy of the REC registration with GATS or documentation of a REC authorized under COMAR 20.61.03.03; and</text> </paragraph> <paragraph num="(5)"> <text>Certification that each REC used to meet the requirements of this regulation has not expired or been retired, transferred, or redeemed.</text> </paragraph> </paragraph> <paragraph num="C."> <text>A supplier shall satisfy Tier 2 REC requirements by submitting to the Commission the following:</text> <paragraph num="(1)"> <text>A summary of RECs associated with generation from any Tier 1 renewable source, including solar RECs, or Tier 2 renewable source;</text> </paragraph> <paragraph num="(2)"> <text>A copy of a REC registration with GATS documenting a REC authorized under COMAR 20.61.03.03; and</text> </paragraph> <paragraph num="(3)"> <text>Certification that each REC used to meet the requirements of this regulation has not expired or been retired, transferred, or redeemed.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Calculation of Sales for Determination of the RPS.</text> <paragraph num="(1)"> <text>In calculating sales against which renewable energy portfolio obligations for a year are to be measured, a supplier shall include all retail electric sales made between January 1 and December 31 of the year, less sales specifically excluded under Public Utilities Article, §7-703, Annotated Code of Maryland, and sales described in §D(2) of this regulation.</text> </paragraph> <paragraph num="(2)"> <text>Applicability and Exclusions.</text> <paragraph num="(a)"> <text>The provisions of this subsection apply only to a sale of electricity that is marketed or otherwise represented to customers by a supplier as renewable or having characteristics of a Tier 1 renewable source or Tier 2 renewable source.</text> </paragraph> <paragraph num="(b)"> <text>Exclusions Requirements.</text> <paragraph num="(i)"> <text>Except as provided under §D(2)(b)(ii) of this regulation, a supplier shall exclude any sale of electricity that is marketed or otherwise represented to customers as renewable or having characteristics of a Tier 1 renewable source or Tier 2 renewable source from total sales against which the renewable energy portfolio obligation for the year are measured under §D(1) of this regulation.</text> </paragraph> <paragraph num="(ii)"> <text>On or after January 1, 2019, a supplier may not exclude a sale of electricity that is marketed or otherwise represented to customers as a Tier 2 renewable source.</text> </paragraph> </paragraph> <paragraph num="(c)"> <text>Excludable Sales. A supplier's excludable sales under §D(2)(a) of this regulation are:</text> <paragraph num="(i)"> <text>Electricity sales for which the supplier has renewable energy credits from a Tier 1 renewable source or Tier 2 renewable source equal to or greater than the renewable portfolio standard applicable in the year of reporting; or</text> </paragraph> <paragraph num="(ii)"> <text>Electricity sales for which the supplier has renewable energy credits from a Tier 1 renewable source, including solar energy, or a Tier 2 renewable source less than the renewable portfolio standard applicable in the year of reporting in proportion to the percentage Tier 1, including solar renewable energy credits, or Tier 2 characteristics as compared with the RPS for the sale.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(3)"> <text>A supplier shall account for all sales of electricity under §D(2) of this regulation in accordance with the provisions of COMAR 20.61.04.01.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Supplier Sales to Industrial Process Load and Agricultural Land Owners.</text> <paragraph num="(1)"> <text>Supplier Sales to Industrial Process Load.</text> <paragraph num="(a)"> <text>In calculating the renewable energy portfolio standard that contains industrial process load, the North American Industrial Classification System identification code shall govern the metered load to which the compliance fee or offshore wind energy RPS, as applicable, may apply.</text> </paragraph> <paragraph num="(b)"> <text>To certify for designation of a sale as industrial process load, a supplier shall submit to the Commission the following documents:</text> <paragraph num="(i)"> <text>A completed industrial process load application form available from the Commission; and</text> </paragraph> <paragraph num="(ii)"> <text>A certification from the supplier that it has confirmed the information described in §E(1)(c)(ii) of this regulation with its relevant electric company and that such information is accurate and complete.</text> </paragraph> </paragraph> <paragraph num="(c)"> <text>An industrial process load application form shall include:</text> <paragraph num="(i)"> <text>The name, location, and North American Industrial Classification System identification code of each customer or facility for which industrial process load status is requested;</text> </paragraph> <paragraph num="(ii)"> <text>Each account and meter number associated with each customer or facility for which industrial process load status is requested; and</text> </paragraph> <paragraph num="(iii)"> <text>A Contact name, address, and telephone number for each account for which industrial process load status is requested.</text> </paragraph> </paragraph> <paragraph num="(d)"> <text>The designation of a sale as industrial process load shall be effective when filed.</text> </paragraph> <paragraph num="(e)"> <text>Unless a waiver is granted under §F of this regulation, a supplier sale from industrial process load for which a Tier 1 renewable source REC, including RECs associated with electricity derived from solar energy but excluding RECs associated with electricity derived from offshore wind energy, has not been delivered shall be assessed a compliance fee under Public Utilities Article, §7-705, Annotated Code of Maryland.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Supplier Sales to Agricultural Land Owners.</text> <paragraph num="(a)"> <text>Suppliers serving a customer who is an owner of agricultural land and who files an Internal Revenue Service Form 1040, Schedule F, shall be exempted from the renewable energy portfolio standard that represents offshore wind energy for that customer’s sales exceeding 3,000 kilowatt-hours of electricity in a month.</text> </paragraph> <paragraph num="(b)"> <text>To certify for designation of a sale as an exempted sale to an owner of agricultural land, a supplier shall submit to the Commission the following documents:</text> <paragraph num="(i)"> <text>A completed agricultural land owner application form available from the Commission that is accompanied by a statement from each customer listed on the application form certifying that that it files Internal Revenue Form 1040, Schedule F, to report farm income and expenses; and</text> </paragraph> <paragraph num="(ii)"> <text>A certification from the supplier that it has confirmed the information described in §E(2)(c)(ii) of this regulation with its relevant electric company and that such information is accurate and complete.</text> </paragraph> </paragraph> <paragraph num="(c)"> <text>An agricultural land owner application form shall include a list of:</text> <paragraph num="(i)"> <text>The name and location of each customer for which exempted agricultural land owner status is requested;</text> </paragraph> <paragraph num="(ii)"> <text>Each account and meter number associated with each customer for which exempted agricultural land owner status is requested; and</text> </paragraph> <paragraph num="(iii)"> <text>Contact name, address, and telephone number for each account for which exempted agricultural land owner status is requested.</text> </paragraph> </paragraph> <paragraph num="(d)"> <text>The designation of a sale to an exempted owner of agricultural land shall be effective when filed.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Suppliers shall maintain records of sales to exempted industrial process load and owners of agricultural land adequate for electric companies to calculate refunds under COMAR 20.61.06.14.</text> </paragraph> </paragraph> <paragraph num="F."> <text>Waiver of Compliance Fee.</text> <paragraph num="(1)"> <text>The compliance fee assessed on a supplier sale to an industrial or nonretail commercial customer, may be waived under Public Utilities Article, §7-706, Annotated Code of Maryland, upon a Commission finding of extreme economic hardship.</text> </paragraph> <paragraph num="(2)"> <text>The Commission may find extreme economic hardship based on the following:</text> <paragraph num="(a)"> <text>Initiation or involvement in bankruptcy proceedings under 11 U.S.C. §101 et seq.;</text> </paragraph> <paragraph num="(b)"> <text>A credit rating of C or equivalent rating, or lower by a nationally recognized credit rating agency;</text> </paragraph> <paragraph num="(c)"> <text>Designation of extreme financial hardship by a federal or other state program; or</text> </paragraph> <paragraph num="(d)"> <text>Any other documentation the applicant may present for the purpose of assisting the Commission in making a determination on this issue.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>In the absence of an effective waiver, the supplier remains responsible for the renewable energy portfolio standard for the industrial or nonretail customer.</text> </paragraph> </paragraph> <paragraph num="G."> <text>A supplier that is required to file a report under Public Utilities Article, §7-705, Annotated Code of Maryland, shall open and maintain an account in good standing with GATS.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Scope of Applicability."> <paragraph num="A."> <text>The requirements for Green Power Offerings set forth in COMAR 20.53 and 20.61 shall not apply to Green Power Offerings approved by the Commission for an electric cooperative.</text> </paragraph> <paragraph num="B."> <text>The reporting requirements set forth in COMAR 20.61.04.01 shall not apply to an electric cooperative.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Public Utilities Article, §§2-121, 5-101, and 7-701—7-713, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date:</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.05 adopted as an emergency provision effective July 1, 2005 (32:18 Md. R. 1517); adopted permanently effective November 24, 2005 (32:23 Md. R. 1829)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03B amended effective January 1, 2007 (33:26 Md. R. 1998)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03B amended as an emergency provision effective April 1, 2008 (35:9 Md. R. 895); amended permanently effective May 5, 2008 (35:9 Md. R. 899)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03B amended effective December 1, 2008 (35:24 Md. R. 2079); September 20, 2010 (37:19 Md. R. 1285); July 8, 2013 (40:13 Md. R. 1076); September 15, 2014 (41:18 Md. R. 1010); July 10, 2023 (50:13 Md. R. 514)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04B amended effective January 1, 2007 (33:26 Md. R. 1998)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04C adopted effective January 1, 2007 (33:26 Md. R. 1998)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04D adopted as an emergency provision effective April 1, 2008 (35:9 Md. R. 895); adopted permanently effective May 5, 2008 (35:9 Md. R. 899)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04D amended effective September 20, 2010 (37:19 Md. R. 1285)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05 amended and recodified to be Regulation .06 and new Regulation .05 adopted as an emergency provision effective April 1, 2008 (35:9 Md. R. 895); amended permanently effective May 5, 2008 (35:9 Md. R. 899)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05 amended effective December 1, 2008 (35:24 Md. R. 2079)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05C amended effective August 10, 2009 (36:16 Md. R. 1251); September 20, 2010 (37:19 Md. R. 1285)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05D adopted effective September 15, 2014 (41:18 Md. R. 1010)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06 amended effective September 20, 2010 (37:19 Md. R. 1285); September 15, 2014 (41:18 Md. R. 1010)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07 adopted effective May 26, 2025 (52:10 Md. R. 439)</annotation> </annotations> </chapter> <chapter num="02" heading="Certifiable Renewable Energy Facilities"> <regulation prefix="Regulation" num=".01" heading="Application Requirements."> <paragraph num="A."> <text>A renewable energy facility shall apply for certification as a Tier 1 renewable source or a Tier 2 renewable source provider on a form provided by the Commission.</text> </paragraph> <paragraph num="B."> <text>Except as provided in §D of this regulation, the renewable energy facility application form shall include:</text> <paragraph num="(1)"> <text>The name and location of the renewable energy facility;</text> </paragraph> <paragraph num="(2)"> <text>The legal name of the owner of the renewable energy facility and a copy of a certificate of good standing issued by the state in which the owner's business is formed;</text> </paragraph> <paragraph num="(3)"> <text>The name of the operator of the renewable energy facility, if different than the owner;</text> </paragraph> <paragraph num="(4)"> <text>A description of the renewable energy facility technology;</text> </paragraph> <paragraph num="(5)"> <text>The rated renewable generation capacity of the facility or, where Tier 1 renewable source or Tier 2 renewable source fuel is simultaneously cofired with fossil fuels, the proportion of output per fuel type by 1 megawatt-hour (MWh) generated according to the formula on file with GATS;</text> </paragraph> <paragraph num="(6)"> <text>Documentation indicating that the renewable energy facility meets the resource eligibility criteria for Tier 1 renewable source or Tier 2 renewable source; and</text> </paragraph> <paragraph num="(7)"> <text>Certification that the applicant is substantially in compliance with all applicable environmental and administrative requirements under Public Utilities Article, §7-704, Annotated Code of Maryland.</text> </paragraph> </paragraph> <paragraph num="C."> <text>In addition to the requirements of §A of this regulation, an applicant for certification as a renewable energy facility that consists of a Level 1 or Level 2 photovoltaic solar system, shall file:</text> <paragraph num="(1)"> <text>A photovoltaic solar system specifications form provided by the Commission; and</text> </paragraph> <paragraph num="(2)"> <text>A copy of the interconnection agreement between the applicant and the applicant's electric company.</text> </paragraph> </paragraph> <paragraph num="D."> <text>An applicant for certification as a renewable energy facility that consists of a Level 1 solar photovoltaic solar system is not required to file the following:</text> <paragraph num="(1)"> <text>A copy of a certificate of good standing issued by the state in which the owner's business is formed, provided the owner is not a corporation;</text> </paragraph> <paragraph num="(2)"> <text>Documentation indicating that the renewable energy facility meets the resource eligibility criteria for a Tier 1 renewable source; and</text> </paragraph> <paragraph num="(3)"> <text>Certification that the applicant is substantially in compliance with all applicable environmental and administrative requirements under Public Utilities Article, §7-704, Annotated Code of Maryland.</text> </paragraph> </paragraph> <paragraph num="E."> <text>In addition to the requirements of §A of this regulation, an owner and operator applicant for certification as a renewable energy facility that consists of glazed liquid-type flat-plate or tubular solar collectors for a solar water heating system installed for residential use, and commissioned on or after June 1, 2011, shall file:</text> <paragraph num="(1)"> <text>A Project Owner/Installer Affidavit;</text> </paragraph> <paragraph num="(2)"> <text>A copy of the local building permit final approval; and</text> </paragraph> <paragraph num="(3)"> <text>The system technical documentation:</text> <paragraph num="(a)"> <text>A copy of the SRCC OG-300 System Specification with annual estimated energy savings; or</text> </paragraph> <paragraph num="(b)"> <text>The system component specifications including:</text> <paragraph num="(i)"> <text>A copy of the SRCC OG-100 Collector Thermal Performance Rating; and</text> </paragraph> <paragraph num="(ii)"> <text>The manufacturer and model number of the on-site meter that meets the required performance standards of the International Organization of Legal Metrology and measures the energy savings of a single tank system on the solar loop of the system.</text> </paragraph> </paragraph> </paragraph> </paragraph> <paragraph num="F."> <text>In addition to the requirements of §A of this regulation, an owner and operator applicant for certification as a renewable energy facility that consists of glazed liquid-type flat-plate or tubular solar collectors for a solar water heating system installed for non-residential and commercial use, and commissioned on or after June 1, 2011, shall file:</text> <paragraph num="(1)"> <text>A Project Owner/Installer Affidavit;</text> </paragraph> <paragraph num="(2)"> <text>A copy of the local building permit final approval; and</text> </paragraph> <paragraph num="(3)"> <text>The system component specifications including:</text> <paragraph num="(a)"> <text>A copy of the SRCC OG-100 Collector Thermal Performance Rating; and</text> </paragraph> <paragraph num="(b)"> <text>The manufacturer and model number of the on-site meter that meets the required performance standards of the International Organization of Legal Metrology.</text> </paragraph> </paragraph> </paragraph> <paragraph num="G."> <text>In addition to the requirements of §A of this regulation, an owner and operator applicant for certification as a renewable energy facility that consists of a thermal biomass system shall file the manufacturer and model number of the on-site meter that meets the required performance standards of the International Organization of Legal Metrology.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Renewable Energy Facility — REC Account."> <paragraph num="A."> <text>Except as provided under COMAR 20.61.03.03, a renewable energy facility or its authorized representative shall apply to PJM Environmental Information Services, Inc. to establish an account with GATS in its name not later than 30 days after Commission certification of the renewable energy facility.</text> </paragraph> <paragraph num="B."> <text>Except as provided under COMAR 20.61.03.03, a renewable energy facility shall maintain in good standing an account with GATS in order for a REC to be considered eligible to satisfy the renewable energy portfolio standard in Maryland.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Obligation of Certified Renewable Energy Facility."> <paragraph num="A."> <text>After a GATS account is established, the renewable energy facility may record metered electricity generation, or its equivalent, from Tier 1 renewable sources or Tier 2 renewable sources, other than from Level 1 solar facilities, for the purpose of receiving a Maryland-eligible REC.</text> </paragraph> <paragraph num="B."> <text>Level 1 Solar Renewable Energy Facility — Recording Renewable Energy Credits.</text> <paragraph num="(1)"> <text>A Level 1 solar renewable energy facility owner or designee may record electric generation into its GATS account based on the schedule established by the Commission for the facility.</text> </paragraph> <paragraph num="(2)"> <text>If a Level 1 solar renewable energy facility is unable to meet the electricity generation schedule established by the Commission, the solar facility owner or designee shall notify the Commission within 30 days of the change in status.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Within 30 days of a change in the information contained in its original application or any subsequent amended application, the renewable energy facility shall file a copy of the updated or supplemental information with the Commission, including:</text> <paragraph num="(1)"> <text>Reference to the original filing and the information contained in it; and</text> </paragraph> <paragraph num="(2)"> <text>A detailed explanation of the proposed change and how the change will affect the original filing.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Level 1 and Level 2 Solar Renewable Energy Credits — Sale or Transfer.</text> <paragraph num="(1)"> <text>An on-site Level 1 or Level 2 solar renewable energy facility may retain or transfer a REC it creates.</text> </paragraph> <paragraph num="(2)"> <text>Prior to the sale of a solar REC by a solar renewable energy facility to a person other than a Maryland supplier, the solar renewable energy facility shall offer the solar REC to a Maryland supplier for compliance with the requirements of Public Utilities Article, §7-703, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(3)"> <text>A Maryland solar renewable energy facility shall comply with the requirements of §D(2) of this regulation by posting an offer to sell a solar REC on a publicly accessible website approved by the Commission for 10 business days.</text> </paragraph> <paragraph num="(4)"> <text>If a solar REC posted on an approved website under this section is not sold to a Maryland supplier 10 business days after posting, the Maryland solar renewable energy facility may sell the REC to any willing buyer.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Decertification."> <text>A renewable energy facility may be decertified for any of the following:</text> <paragraph num="A."> <text>Failure to comply with this chapter;</text> </paragraph> <paragraph num="B."> <text>A material change in circumstances that causes the facility to become ineligible for certification under Regulation .01 of this chapter;</text> </paragraph> <paragraph num="C."> <text>Fraud, including participation in events that result in a REC being double-counted; or</text> </paragraph> <paragraph num="D."> <text>Good cause as determined by the Commission.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Public Utilities Article, §§2-121, 5-101, and 7-701—7-713, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date:</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.04 adopted as an emergency provision effective July 1, 2005 (32:18 Md. R. 1517); adopted permanently effective November 24, 2005 (32:23 Md. R. 1829)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended effective September 20, 2010 (37:19 Md. R. 1285)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01C, D adopted as an emergency provision effective April 1, 2008 (35:9 Md. R. 895); adopted permanently effective May 5, 2008 (35:9 Md. R. 899)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01D amended effective July 10, 2023 (50:13 Md. R. 514)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01E, F adopted as an emergency provision effective January 1, 2012 (39:3 Md. R. 257); adopted permanently effective April 2, 2012 (39:6 Md. R. 410)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01G adopted effective July 8, 2013 (40:13 Md. R. 1076)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02 amended as an emergency provision effective April 1, 2008 (35:9 Md. R. 895); amended permanently effective May 5, 2008 (35:9 Md. R. 899)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02 amended effective September 20, 2010 (37:19 Md. R. 1285)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 amended as an emergency provision effective April 1, 2008 (35:9 Md. R. 895); amended permanently effective May 5, 2008 (35:9 Md. R. 899)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 amended effective September 20, 2010 (37:19 Md. R. 1285)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03A amended effective July 8, 2013 (40:13 Md. R. 1076)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03B, D amended effective December 1, 2008 (35:24 Md. R. 2079)</annotation> </annotations> </chapter> <chapter num="03" heading="Renewable Energy Credit"> <regulation prefix="Regulation" num=".01" heading="RPS Eligible REC."> <paragraph num="A."> <text>Except as provided under Regulation .03 of this chapter, a Maryland-eligible REC shall be recorded with GATS.</text> </paragraph> <paragraph num="B."> <text>If not required by GATS, the REC recordation under §A of this regulation shall include:</text> <paragraph num="(1)"> <text>The name of the Maryland certified renewable energy facility;</text> </paragraph> <paragraph num="(2)"> <text>A description of the renewable source of generation for the REC;</text> </paragraph> <paragraph num="(3)"> <text>The month and year of the generation of the energy represented by the REC; and</text> </paragraph> <paragraph num="(4)"> <text>The Tier 1 renewable source or Tier 2 renewable source associated with the REC.</text> </paragraph> </paragraph> <paragraph num="C."> <text>A Maryland eligible REC issued to a renewable on-site generator under this regulation is valid for compliance for the calendar year of generation and the following 2 calendar years.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="REC Creation from Renewable On-Site Generation."> <paragraph num="A."> <text>Except under §C of this regulation, a renewable on-site generator may receive a Maryland-eligible REC associated with on-site generation if:</text> <paragraph num="(1)"> <text>The renewable on-site generator is certified as a renewable energy facility under COMAR 20.61.02;</text> </paragraph> <paragraph num="(2)"> <text>An authorized representative of the renewable on-site generator enters its generation data at least annually in a GATS account maintained in good standing; and</text> </paragraph> <paragraph num="(3)"> <text>An authorized representative of the non-solar renewable on-site generator files a non-solar renewable on-site generator report with the Commission under §B of this regulation within 1 week of each recording with GATS.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The non-solar renewable on-site generator report required under §A of this regulation shall be on a form provided by the Commission.</text> </paragraph> <paragraph num="C."> <text>A Level 1 solar renewable energy facility may receive a Maryland-eligible REC associated with on-site generation based on the schedule established by the Commission derived from Commission certified engineering estimates under COMAR 20.61.02 if:</text> <paragraph num="(1)"> <text>The Level 1 solar facility is certified as a renewable energy facility under COMAR 20.61.02; and</text> </paragraph> <paragraph num="(2)"> <text>The Level 1 solar facility or its authorized representative enters generation data into a GATS.</text> </paragraph> </paragraph> <paragraph num="D."> <text>A Maryland-eligible REC issued to a renewable on-site generator under this regulation is considered issued only upon its recording with GATS.</text> </paragraph> <paragraph num="E."> <text>A Maryland-eligible REC issued to a renewable on-site generator under this regulation is valid for compliance for the calendar year of generation and the following 2 calendar years.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Creation of RECs Based on Generation Not Delivered Into the PJM Region."> <text>A supplier may request recognition of a REC associated with a Tier 1 renewable source or Tier 2 renewable source not delivered into the PJM region under the following conditions:</text> <paragraph num="A."> <text>The electricity is generated at a facility that has been certified by the Commission under COMAR 20.61.02;</text> </paragraph> <paragraph num="B."> <text>One of the following:</text> <paragraph num="(1)"> <text>Certification by the operator of the control area in which the facility is located of the total number of megawatt-hours (MWhs) generated at the facility by month and calendar year; or</text> </paragraph> <paragraph num="(2)"> <text>If the operator of the control area is unable to make the certification under §B(2)(a) of this regulation:</text> <paragraph num="(a)"> <text>An affidavit from the operator of the control area attesting that the operator is unable to certify the total number of megawatt-hours generated by the named applicant facility for the specific year in question; and</text> </paragraph> <paragraph num="(b)"> <text>A certification by the applicant of the total number of megawatt-hours generated at the facility for each calendar year;</text> </paragraph> </paragraph> </paragraph> <paragraph num="C."> <text>Certification by the authorized representative of the facility that the RECs associated with the electricity have not expired or been retired, transferred, or redeemed; and</text> </paragraph> <paragraph num="D."> <text>The electricity is generated within the PJM Region or in a state adjacent to the PJM control area.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="GATS — Maryland REC Designation."> <text>If a renewable energy facility is approved by the Commission under COMAR 20.61.02 and the facility's GATS account continues to be maintained in good standing, the renewable energy facility may achieve a Maryland designation for a Tier 1 renewable source or Tier 2 renewable source REC recorded with GATS before the Commission's approval of the facility only during the calendar year of the Commission's approval.</text> </regulation> <regulation prefix="Regulation" num=".05" heading="Decertified Renewable Energy Facility."> <text>Any REC transferred or sold to a supplier, including a Level 1 solar REC transferred under COMAR 20.61.01.05C(1), before the date of decertification of the renewable energy facility where the REC was created shall remain Maryland-eligible.</text> </regulation> <annotations> <annotation type="Authority">Public Utilities Article, §§2-121, 5-101, and 7-701—7-713, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date:</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.06 adopted as an emergency provision effective July 1, 2005 (32:18 Md. R. 1517); adopted permanently effective November 24, 2005 (32:23 Md. R. 1829)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended as an emergency provision effective April 1, 2008 (35:9 Md. R. 895); amended permanently effective May 5, 2008 (35:9 Md. R. 899)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02 amended as an emergency provision effective April 1, 2008 (35:9 Md. R. 895); amended permanently effective May 5, 2008 (35:9 Md. R. 899)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended effective January 1, 2007 (33:26 Md. R. 1998)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 amended as an emergency provision effective April 1, 2008 (35:9 Md. R. 895); amended permanently effective May 5, 2008 (35:9 Md. R. 899)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04 amended as an emergency provision effective April 1, 2008 (35:9 Md. R. 895); amended permanently effective May 5, 2008 (35:9 Md. R. 899)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04A amended effective January 1, 2007 (33:26 Md. R. 1998)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05 amended as an emergency provision effective April 1, 2008 (35:9 Md. R. 895); amended permanently effective May 5, 2008 (35:9 Md. R. 899)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06 amended effective December 1, 2008 (35:24 Md. R. 2079); August 10, 2009 (36:16 Md. R. 1251)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective September 20, 2010 (37:19 Md. R. 1285)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02A, B amended effective March 18, 2013 (40:5 Md. R. 412)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended effective July 8, 2013 (40:13 Md. R. 1076)</annotation> </annotations> </chapter> <chapter num="04" heading="Consumer Protection, Reporting, and Enforcement"> <regulation prefix="Regulation" num=".01" heading="Consumer Protection."> <paragraph num="A."> <text>A supplier shall retire, in a PJM Environmental Information Services, Inc. Generation Attribute Tracking System reserve subaccount where the Subaccount Name is labeled “Green Power” and accessible by the Commission, one renewable energy credit for each megawatt-hour (MWh) of retail sales of electricity marketed to residential customers as “green power” as defined in Public Utilities Article, §7-707, Annotated Code of Maryland.</text> </paragraph> <paragraph num="B."> <text>A supplier contract for the sale of electricity that is marketed as renewable, green, or having the characteristics of a Tier 1 renewable source or Tier 2 renewable source shall include the following:</text> <paragraph num="(1)"> <text>The RPS for each year covered by the contract of sale;</text> </paragraph> <paragraph num="(2)"> <text>A statement that Tier 1 renewable source or Tier 2 renewable source RECs retired may be used to meet the supplier's RPS obligation for that particular sale; and</text> </paragraph> <paragraph num="(3)"> <text>A statement that a supplier may meet its RPS obligation by paying a compliance fee to the Fund under Public Utilities Article, §7-705, Annotated Code of Maryland.</text> </paragraph> </paragraph> <paragraph num="C."> <text>The statement required by §B(3) of this regulation shall include, if appropriate, the dollar amount of the Tier 1 including solar and geothermal and Tier 2 compliance fee.</text> </paragraph> <paragraph num="D."> <text>Report Required.</text> <paragraph num="(1)"> <text>Except as provided in §D(3) of this regulation, on or before April 1 of each year, a supplier shall file with the Commission a report of any activity under §A of this regulation on a form provided by the Commission.</text> </paragraph> <paragraph num="(2)"> <text>The supplier report required under §D(1) of this regulation shall include:</text> <paragraph num="(a)"> <text>Total retail sales of electricity marketed as renewable energy in Maryland by the supplier for the preceding calendar year; and</text> </paragraph> <paragraph num="(b)"> <text>Total RECs associated with sales of renewable energy in Maryland retired by the supplier during the preceding calendar year.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>On or before April 30 of each year, a supplier shall file with the Commission a report of any activity under §A of this regulation that relates to retail sales of electricity marketed as having characteristics of offshore wind energy on a form provided by the Commission..</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Annual Report Required."> <paragraph num="A."> <text>Except as provided under §B(3), (7), and (10), of this regulation, on or before April 1 of each year, each supplier shall file with the Commission an RPS report covering all retail electricity sales in Maryland during the preceding calendar year.</text> </paragraph> <paragraph num="B."> <text>The supplier RPS report required under §A of this regulation shall be on a form provided by the Commission and include the:</text> <paragraph num="(1)"> <text>Supplier's total Maryland retail electricity sales;</text> </paragraph> <paragraph num="(2)"> <text>Excluding exempted sales reported in §B(3) of this regulation, the total exempt electricity sales by category, and, if appropriate, the identity of the customer to which an exemption applies;</text> </paragraph> <paragraph num="(3)"> <text>On or before April 30 of each year, the total electricity sales exempted from the offshore wind energy RPS and the identity of the industrial process load and agricultural land owner customers to which the exemption applies;</text> </paragraph> <paragraph num="(4)"> <text>Total Maryland retail electricity sales, by renewable source, marketed as renewable or having characteristics of a Tier 1 renewable source or Tier 2 renewable source equal to or greater than the supplier's RPS obligation;</text> </paragraph> <paragraph num="(5)"> <text>Total Maryland retail electricity sales, by renewable source, marketed as renewable or having characteristics of a Tier 1 renewable source or Tier 2 renewable source less than the supplier's RPS obligation and the average percentage of the Tier 1 renewable source and Tier 2 renewable source claim for the sales;</text> </paragraph> <paragraph num="(6)"> <text>Excluding Tier 1 solar RECs and ORECs, total number of Tier 1 renewable source RECs required to fulfill the supplier’s RPS obligation;</text> </paragraph> <paragraph num="(7)"> <text>Total number of Tier 1 solar RECs required to fulfill the supplier's RPS solar obligation, and if applicable, a statement specifying whether the total number is the result of an approved delay under COMAR 20.61.01.04;</text> </paragraph> <paragraph num="(8)"> <text>Total number of Tier 2 renewable source RECs required to fulfill the supplier's RPS obligation;</text> </paragraph> <paragraph num="(9)"> <text>Excluding Tier 1 solar RECs and ORECs, the total number of Tier 1 renewable source RECs submitted by energy source as calculated under Public Utilities Article, §7-704, Annotated Code of Maryland;</text> </paragraph> <paragraph num="(10)"> <text>On or before April 30 of each year, the total number of Tier 1 ORECs required to fulfill the supplier’s offshore wind energy obligation and the number of Tier 1 ORECs purchased;</text> </paragraph> <paragraph num="(11)"> <text>Total number of Tier 1 solar renewable source RECs submitted as calculated under Public Utilities Article, §7-704, Annotated Code of Maryland;</text> </paragraph> <paragraph num="(12)"> <text>Total number of Tier 2 renewable source RECs submitted by energy source as calculated under Public Utilities Article, §7-704, Annotated Code of Maryland;</text> </paragraph> <paragraph num="(13)"> <text>Excluding the Tier 1 solar and offshore wind energy renewable energy portfolio standard, the shortfall of RECs needed to meet the supplier’s Tier 1 renewable source renewable energy portfolio standard;</text> </paragraph> <paragraph num="(14)"> <text>Shortfall of RECs needed to meet the supplier's Tier 1 solar renewable source renewable energy portfolio standard;</text> </paragraph> <paragraph num="(15)"> <text>By April 30 of each year, the shortfall of RECs needed to meet the supplier’s Tier 1 offshore wind energy renewable energy portfolio standard;</text> </paragraph> <paragraph num="(16)"> <text>The shortfall of RECs needed to meet the supplier's Tier 2 renewable source renewable energy portfolio standard;</text> </paragraph> <paragraph num="(17)"> <text>If a shortfall in the number of RECs needed to meet the renewable energy portfolio standard is reported, the calculation of a compliance fee based on the total shortfall of Tier 1 renewable source and Tier 2 renewable source RECs, and less any fee waiver granted by the Commission under COMAR 20.61.01.06, including:</text> <paragraph num="(a)"> <text>The total shortfall of Tier 1 renewable source RECs excluding RECs derived from solar energy multiplied by the Tier 1 compliance fee;</text> </paragraph> <paragraph num="(b)"> <text>The Tier 1 renewable source RECs derived from solar energy multiplied by the Tier 1 solar compliance fee; and</text> </paragraph> <paragraph num="(c)"> <text>The Tier 2 renewable source RECs multiplied by the Tier 2 compliance fee.</text> </paragraph> </paragraph> <paragraph num="(18)"> <text>If a shortfall in the number of Tier 1 renewable source ORECs needed to meet the renewable energy portfolio standard is associated with sales of industrial process load under COMAR 20.61.01.05E, the calculation of a compliance fee related to the shortfall attributable to sales of industrial process load; and</text> </paragraph> <paragraph num="(19)"> <text>Certification of the accuracy and veracity of the report.</text> </paragraph> </paragraph> <paragraph num="C."> <text>The reports due on or before April 1 and April 30 shall be accompanied by at least the following:</text> <paragraph num="(1)"> <text>All documentation to support the data in the annual RPS report;</text> </paragraph> <paragraph num="(2)"> <text>Any applicable financial hardship waiver with documentation of kilowatt-hours (kWhs) covered by the waiver for each customer and the total amount of compliance fees waived under COMAR 20.61.01.05;</text> </paragraph> <paragraph num="(3)"> <text>List of all RECs used to meet the RPS, including the REC identification number or documentation of a REC created under COMAR 20.61.03.03;</text> </paragraph> <paragraph num="(4)"> <text>Summary report of RECs that were retired during the reporting period;</text> </paragraph> <paragraph num="(5)"> <text>Excluding Tier 1 solar RECs and ORECs, the total price of all Tier 1 renewable source for each REC retired during the reporting period;</text> </paragraph> <paragraph num="(6)"> <text>The total price of all Tier 1 solar renewable source RECs retired during the reporting period;</text> </paragraph> <paragraph num="(7)"> <text>The total price of all Tier 1 ORECs retired during the reporting period;</text> </paragraph> <paragraph num="(8)"> <text>The total price of all Tier 2 renewable source RECs retired during the reporting period; and</text> </paragraph> <paragraph num="(9)"> <text>Proof of payment of any compliance fee due.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="REC Retirement."> <text>A supplier shall retire from the market a REC used to meet its renewable energy portfolio standard.</text> </regulation> <regulation prefix="Regulation" num=".04" heading="Enforcement."> <text>A supplier that violates a provision of this subtitle or a provision of the Public Utilities Article of the Annotated Code of Maryland may be subject to a fine or civil penalty.</text> </regulation> <annotations> <annotation type="Authority">Public Utilities Article, §§2-121, 5-101, 7-507, and 7-701—7-713, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date:</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.03 adopted as an emergency provision effective July 1, 2005 (32:18 Md. R. 1517); adopted permanently effective November 24, 2005 (32:23 Md. R. 1829)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective January 1, 2007 (33:26 Md. R. 1998)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended effective September 20, 2010 (37:19 Md. R. 1285); May 26, 2025 (52:10 Md. R. 439)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01B, D amended effective September 15, 2014 (41:18 Md. R. 1010)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02 amended effective September 15, 2014 (41:18 Md. R. 1010); May 26, 2025 (52:10 Md. R. 439)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B, C amended as an emergency provision effective April 1, 2008 (35:9 Md. R. 895); amended permanently effective May 5, 2008 (35:9 Md. R. 899)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02C amended effective September 20, 2010 (37:19 Md. R. 1285)</annotation> </annotations> </chapter> <chapter num="05" heading="Maryland Strategic Energy Investment Fund"> <regulation prefix="Regulation" num=".01" heading="General Provisions."> <paragraph num="A."> <text>The Administration shall administer the Fund.</text> </paragraph> <paragraph num="B."> <text>Eligibility Criteria for Projects Supported by the Fund.</text> <paragraph num="(1)"> <text>Except under §B(3) of this regulation, a project supported by the Fund shall be designed to support the creation of new Tier 1 renewable energy sources in Maryland. For purposes of this section, support may include grants for workforce development programs authorized under Labor and Employment Article, §11-708.1(c)(1), Annotated Code of Maryland.</text> </paragraph> <paragraph num="(2)"> <text>Additional project evaluation criteria may include the following:</text> <paragraph num="(a)"> <text>Technical feasibility of the project;</text> </paragraph> <paragraph num="(b)"> <text>Technical capabilities and experience of the developer;</text> </paragraph> <paragraph num="(c)"> <text>Financial capabilities of the developer;</text> </paragraph> <paragraph num="(d)"> <text>Environmental impacts resulting from the construction and operation of the project;</text> </paragraph> <paragraph num="(e)"> <text>Socioeconomic impacts associated with the construction and operation of the project;</text> </paragraph> <paragraph num="(f)"> <text>Fuel diversity added to the portfolio of projects supported by the Fund as a whole;</text> </paragraph> <paragraph num="(g)"> <text>Economic feasibility of the project;</text> </paragraph> <paragraph num="(h)"> <text>Economic benefits to Maryland;</text> </paragraph> <paragraph num="(i)"> <text>Job training and workforce development opportunities associated with the project; and</text> </paragraph> <paragraph num="(j)"> <text>Other evaluation criteria as may be appropriate.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Monies in the Fund derived from compliance fees collected from a shortfall in meeting the required Tier 1 solar renewable energy portfolio standard under Public Utilities Article, §7-705, Annotated Code of Maryland, shall only be designated to support the creation of Level 1 and Level 2 solar renewable energy facilities.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Annual Report to the Commission."> <paragraph num="A."> <text>The Administration shall file a report with the Commission no later than December 15 of each year, beginning December 15, 2007.</text> </paragraph> <paragraph num="B."> <text>The report shall detail the following as of December 1 of that year:</text> <paragraph num="(1)"> <text>Number and types of RPS projects funded;</text> </paragraph> <paragraph num="(2)"> <text>Amount of funding provided for each RPS project;</text> </paragraph> <paragraph num="(3)"> <text>Description and status of each RPS project funded;</text> </paragraph> <paragraph num="(4)"> <text>RECs generated from RPS projects funded;</text> </paragraph> <paragraph num="(5)"> <text>Uncommitted balance of the Fund related to RPS; and</text> </paragraph> <paragraph num="(6)"> <text>Identification of loans in default related to RPS.</text> </paragraph> </paragraph> <paragraph num="C."> <text>The report shall detail the following for the immediately preceding year:</text> <paragraph num="(1)"> <text>Total compliance fees paid into the Fund under Public Utilities Article, §7-705, Annotated Code of Maryland;</text> </paragraph> <paragraph num="(2)"> <text>All monies credited to the Fund from a source other than described in §C(1) of this regulation;</text> </paragraph> <paragraph num="(3)"> <text>Payments received in repayment of loans and investment earnings of the Fund that relate to RPS; and</text> </paragraph> <paragraph num="(4)"> <text>Administrative fees and expenses that relate to RPS.</text> </paragraph> </paragraph> </regulation> <annotations> <annotation type="Authority">Public Utilities Article, §§2-121, 5-101, and 7-701—7-713, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: January 1, 2007 (33:26 Md. R. 1999)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended effective September 20, 2010 (37:19 Md. R. 1285)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01B amended effective July 10, 2023 (50:13 Md. R. 514)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01B, C amended as an emergency provision effective April 1, 2008 (35:9 Md. R. 895); amended permanently effective May 5, 2008 (35:9 Md. R. 899)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B, C amended effective September 20, 2010 (37:19 Md. R. 1285)</annotation> </annotations> </chapter> <chapter num="06" heading="Offshore Wind"> <regulation prefix="Regulation" num=".01" heading="Application Process."> <paragraph num="A."> <text>An OSW applicant shall comply with this regulation when submitting an application to the Commission for a proposed offshore wind project.</text> </paragraph> <paragraph num="B."> <text>Application Period.</text> <paragraph num="(1)"> <text>The Commission shall open an application period establishing a period of time during which persons may submit applications.</text> </paragraph> <paragraph num="(2)"> <text>Notice.</text> <paragraph num="(a)"> <text>The Commission shall provide notice specifying the opening and closing date and time of the application period, after which the Commission shall not accept applications or material changes to previously submitted applications and any other information Commission determines appropriate.</text> </paragraph> <paragraph num="(b)"> <text>The Commission shall provide notice at least 60 calendar days before the opening date of the application period.</text> </paragraph> <paragraph num="(c)"> <text>The Commission may provide for one or more additional application periods through a formal multi-year application schedule.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>The opening date of the application period shall be January 1 of a given year.</text> </paragraph> <paragraph num="(4)"> <text>The closing date of the application period shall be 120 calendar days after the opening date of the application period. The Commission may extend this closing date by one or more additional periods of 30 calendar days.</text> </paragraph> </paragraph> <paragraph num="C."> <text>An application submitted pursuant to Public Utilities Article, §7-704.1, Annotated Code of Maryland, shall be submitted to the Executive Secretary.</text> <paragraph num="(1)"> <text>Upon receipt of an application by the Executive Secretary, the Commission shall determine within 30 calendar days whether that application is administratively complete.</text> </paragraph> <paragraph num="(2)"> <text>If the Commission determines that the application received under §C(1) of this regulation is not administratively complete, the Commission shall promptly notify the OSW applicant of any deficiencies and allow the OSW applicant to submit missing items or information. Upon receipt of missing items or information, the Commission shall again have 30 calendar days to determine whether that application is administratively complete.</text> </paragraph> <paragraph num="(3)"> <text>At the close of the application period, the Commission shall order an applicant to file within 5 business days of the closing date of the application period the public and confidential versions of its application and make both versions available to Commission staff and the Office of People’s Counsel.</text> </paragraph> <paragraph num="(4)"> <text>Except as directed by the Commission or court, or as authorized by law, an individual subject to Public Utilities Article, §2-302, Annotated Code of Maryland, may not divulge information deemed confidential by an OSW applicant.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Upon the close of the application period, the Commission shall conduct a multi-part review to evaluate and compare the proposed offshore wind projects that it has determined to be administratively complete.</text> <paragraph num="(1)"> <text>The Commission shall first determine whether a proposed offshore wind project described in an application meets the minimum threshold criteria.</text> <paragraph num="(a)"> <text>An application for a proposed offshore wind project that does not meet the minimum threshold criteria shall not be eligible for further review.</text> </paragraph> <paragraph num="(b)"> <text>The Commission shall publish a list of OSW applicants who have submitted applications that the Commission has determined meet the minimum threshold criteria.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>For each application describing a proposed offshore wind project that the Commission determines meets the minimum threshold criteria, the Commission shall conduct a qualitative evaluation, then a quantitative evaluation, as described by Regulation .03B of this chapter, to assess and compare proposed projects.</text> </paragraph> </paragraph> <paragraph num="E."> <text>The Commission may, at any time, issue questions to the OSW applicant on a confidential basis in order to facilitate its evaluation of the application. Information submitted by an OSW applicant shall become part of the application and responses containing confidential information shall be marked in accordance with Regulation .02C of this chapter. Once the application period has closed, any information submitted in response to a Commission-issued question may not change the proposed OREC price schedule, the proposed OREC amount, or materially change other information or materials included in the application.</text> </paragraph> <paragraph num="F."> <text>The Commission shall conduct a proceeding to provide an opportunity for interested parties to comment, consistent with applicable confidentiality laws and regulation.</text> </paragraph> <paragraph num="G."> <text>Unless extended by mutual consent of the Commission and the OSW applicant, the Commission shall approve, conditionally approve, or deny an application within 180 calendar days after the close of the relevant application period.</text> </paragraph> <paragraph num="H."> <text>Prior to acceptance of applications, the Commission shall notify potential applicants of the Long-Term Composite Treasury Bond rate (or equivalent) that will be used as the nominal discount rate and the near-term average GDP Deflator (or equivalent) that will be used as the deflation rate to determine whether the OREC price in the applicant’s proposed OREC price schedule exceeds $190 per megawatt hour (levelized in 2012 dollars) for Round 1 projects and whether the projected net rate impacts for residential and nonresidential customers, as described by Public Utilities Article, §7-704.1(e)(1)(iii)(1) and (2), Annotated Code of Maryland, will be exceeded.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Application Requirements."> <paragraph num="A."> <text>An application shall contain at least the information and materials described in §§D through N of this regulation, but an OSW applicant may submit additional information or materials, or both. The Commission in its discretion shall determine whether the information and materials that an OSW applicant provides are sufficiently detailed to satisfy §§D through N of this regulation.</text> </paragraph> <paragraph num="B."> <text>If an OSW applicant is unable to provide any of the information or materials described in §§D through N of this regulation at the time it submits an application, the application shall clearly identify information or materials, or both, that it is unable to provide and provide a clear plan that demonstrates how and when the OSW applicant will provide the information or materials, or both, that are unavailable before the close of the application period.</text> </paragraph> <paragraph num="C."> <text>An OSW applicant shall submit PIA exemption requests by clearly identifying and marking the relevant portions of its application and providing justification for its PIA exemption request for each instance. An OSW applicant shall certify in its application that it will hold the Commission harmless if the Commission independently determines that one or more portions of an application subject to one or more PIA exemption requests must be disclosed under State Government Article, Title 10, Subtitle 6, Annotated Code of Maryland.</text> </paragraph> <paragraph num="D."> <text>All graphs, charts, photographs, or other documents originally produced in color and included in the application shall be produced in color in the original and the copies. The OSW applicant shall comply with other submission requirements posted by the Commission.</text> </paragraph> <paragraph num="E."> <text>An application shall include a signed and notarized statement by an officer of the OSW applicant attesting that:</text> <paragraph num="(1)"> <text>The officer has the authority to submit the application to the Commission;</text> </paragraph> <paragraph num="(2)"> <text>The application, including the proposed OREC price schedule and proposed OREC amount, shall remain binding until the expiration date;</text> </paragraph> <paragraph num="(3)"> <text>The information and materials contained in the application are accurate and correct; and</text> </paragraph> <paragraph num="(4)"> <text>If the application is selected, the OSW applicant will work diligently and engage in a continuous development and construction program to achieve the project COD for the qualified offshore wind project.</text> </paragraph> </paragraph> <paragraph num="F."> <text>An application shall include the following information:</text> <paragraph num="(1)"> <text>An organizational chart that shows:</text> <paragraph num="(a)"> <text>Complete ownership structure of the proposed project (including all parents, subsidiaries, and other affiliates that have direct or indirect management or voting control over the proposed project); and</text> </paragraph> <paragraph num="(b)"> <text>Any lenders or entities funding the proposed project, including those entities funding on a contingent basis; and</text> </paragraph> <paragraph num="(c)"> <text>If different from the proposed project, the relationship between the OSW applicant and the proposed project.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Legal name and type of business organization of each entity listed on the organizational chart described in §F(1)(a) of this regulation, including certificates of formation and certificates of good standing certificated by the relevant governmental authority for each entity and, if applicable, foreign qualification certificates or other evidence that the proposed project and the OSW applicant are qualified to do business in the State;</text> </paragraph> <paragraph num="(3)"> <text>Bylaws or operating agreement of each entity listed on the organizational chart described in §F(1)(a) of this regulation and relevant board resolution (or equivalent written consent) to submit an application;</text> </paragraph> <paragraph num="(4)"> <text>Name, title, address, telephone number, email address, and curriculum vitae of each member of the OSW applicant’s executive team and project team that will be responsible for the proposed project, demonstrating capability and expertise in, at a minimum, project management, development, financing, permitting, engineering, procurement, construction, operations, maintenance, decommissioning and other significant functions for ocean-based energy projects, utility-scale wind projects, or large scale generation projects;</text> </paragraph> <paragraph num="(5)"> <text>For each entity that is, or has committed to, providing financing to the proposed project:</text> <paragraph num="(a)"> <text>The identity of the entity and a brief description of its business;</text> </paragraph> <paragraph num="(b)"> <text>Name, title, address, telephone number, and email address of the primary contact person;</text> </paragraph> <paragraph num="(c)"> <text>Most recent audited financial statements that use either generally accepted accounting principles or International Financial Reporting Standards; and</text> </paragraph> <paragraph num="(d)"> <text>Issuer or long-term senior unsecured debt ratings, or both, from at least one nationally recognized statistical ratings organization (if available);</text> </paragraph> </paragraph> <paragraph num="(6)"> <text>Name, title, address, telephone number, and email address of the primary contact at any entity with which the OSW applicant has a contract or similar agreement to perform permitting, engineering, procurement, construction, operations, maintenance, decommissioning or similar functions for the proposed project;</text> </paragraph> <paragraph num="(7)"> <text>Complete information about any current or prior business bankruptcies, defaults, disbarments, investigations, indictments, or any other actions against the OSW applicant and any member of the executive team, the project team, or key employee(s) of any company included in §F(1) of this regulation; and</text> </paragraph> <paragraph num="(8)"> <text>Complete information about work performed by one or more entities included in §F(1) or (6) of this regulation that is similar to the proposed offshore wind project, including ocean-based energy projects, utility-scale wind projects, or other large scale generation projects.</text> </paragraph> </paragraph> <paragraph num="G."> <text>An application shall include the following information about the proposed offshore wind project:</text> <paragraph num="(1)"> <text>A general description of the proposed offshore wind project, including but not limited to site plan, location, number of turbines, nameplate capacity, area, typical distance to shore, typical water depths, general seabed description, main competing uses, and sensitive areas;</text> </paragraph> <paragraph num="(2)"> <text>General maps showing turbine layout, landfall and grid interconnection points, and construction layout site;</text> </paragraph> <paragraph num="(3)"> <text>A wind resource and energy yield assessment at planned hub height with supporting data in an industry-standard report with expected gross (at generator terminals) and net (at PJM billing meter) annual energy production, including a breakdown of energy losses as well as turbine technical availability (scheduled and forced outages), uncertainty estimates of the net annual energy production at confidence intervals (P5, P10, P50, P90, and P95), and hourly energy production profiles by month (12x24 matrices) for a typical year;</text> </paragraph> <paragraph num="(4)"> <text>Wind turbine technology with turbine manufacturer, model, performance history, track record in offshore wind applications, physical dimensions and weight, hub height, rotor diameter, and nameplate capacity, design standard, turbine certification status under applicable standards and guidelines such as those developed by the International Electrotechnical Commission, service life, and design life information;</text> </paragraph> <paragraph num="(5)"> <text>Foundation and support-structure descriptions that include explanations of why the foundation and support structures are appropriate for the site, as well as climatology information that includes wind, wave, and current data;</text> </paragraph> <paragraph num="(6)"> <text>A description of the electrical collection system and connection to the transmission grid that includes the location and description of any onshore and offshore substations, inter-array and export power cables, interconnection route, landfall and facilities (including rights of way), interconnection plans, status of the interconnection request submitted to PJM, schedule for completing the interconnection studies, and electrical one-line diagram of the facility up to the interconnection point;</text> </paragraph> <paragraph num="(7)"> <text>Site-control status and plan to acquire and ensure site control for the operating term, interconnection and right-of-way status (or plans), and status of discussions with BOEM and other relevant entities;</text> </paragraph> <paragraph num="(8)"> <text>A general description of balance of plant components that includes any meteorological mast, communication system, and supervisory control and data acquisition system;</text> </paragraph> <paragraph num="(9)"> <text>A procurement and construction plan that includes the following, with milestones:</text> <paragraph num="(a)"> <text>All steps from commencement of procurement and construction to testing and project COD of the proposed project;</text> </paragraph> <paragraph num="(b)"> <text>A contracting strategy and construction organizational chart;</text> </paragraph> <paragraph num="(c)"> <text>A description of laydown, storage, and assembly areas;</text> </paragraph> <paragraph num="(d)"> <text>The OSW applicant’s plan to promote the prompt, efficient, and safe completion of the proposed project (particularly with regard to the construction and maintenance of the project in accordance with Public Utilities Article, §7-704.1(d)(1)(ix), Annotated Code of Maryland);</text> </paragraph> <paragraph num="(e)"> <text>Plans to comply with The Merchant Marine Act of 1920; and</text> </paragraph> <paragraph num="(f)"> <text>A framework for a construction period health and safety plan;</text> </paragraph> </paragraph> <paragraph num="(10)"> <text>An operations and maintenance plan with a schedule of principal operations and maintenance activities, locations of specific ports with operations and maintenance facilities, and estimated operations and maintenance labor divided between specialized out-of-state and in-state labor;</text> </paragraph> <paragraph num="(11)"> <text>A permitting and approvals plan with a detailed matrix listing all required federal, state, and local environmental and regulatory permits and approvals, and setting out the schedule for obtaining the permits and approvals. This should include plans to obtain a certificate of public convenience and necessity for a proposed qualified submerged renewable energy line and plans to conduct an environmental review in compliance with applicable statutes, such as the National Environmental Policy Act, and that include a description of the types of studies (physical, biological and socio-economic) to be performed. Plans should demonstrate compliance with the Endangered Species Act, Migratory Bird Treaty Act, and Marine Mammal Protection Act, applicable BOEM regulations and guidelines for surveying natural resources (including, but not limited to avian species, benthic habitats, fish, marine mammals, and sea turtles), local/state regulations, and the Coastal Zone Management Act, as applicable;</text> </paragraph> <paragraph num="(12)"> <text>A decommissioning plan that demonstrates the safe and environmentally responsible removal and disposal of the turbine structures, offshore electrical substation and other offshore facilities, and interconnection facilities, particularly those located in State waters and on State lands; a comprehensive estimate of facility and interconnection decommissioning costs; and assurance that adequate funding shall be available for complete decommissioning of the proposed project, including a detailed explanation of how adequate funding shall be assured.</text> </paragraph> </paragraph> <paragraph num="H."> <text>An application shall include a project COD and a proposed timeline for the proposed offshore wind project’s development and critical path schedule that includes milestones for site assessment, engineering, permitting, turbine certification, financing, procurement, manufacturing, construction, testing and commissioning commercial operation dates, and delivery term;</text> </paragraph> <paragraph num="I."> <text>An application shall indicate whether the proposed project’s nameplate capacity is larger than required to provide the aggregate proposed OREC amount for the term of the proposed OREC price schedule. If the proposed project’s nameplate capacity exceeds the capacity required, and the OSW applicant submits a two-part OREC price as described by §M of this regulation, the application shall include a methodology for determining a reasonable allocation of the transmission upgrade costs to be included in the OREC price. The OSW applicant shall have the burden of demonstrating that its proposed allocation methodology is fair and in the interest of ratepayers.</text> </paragraph> <paragraph num="J."> <text>An application shall include the following commercial information related to the proposed offshore wind project:</text> <paragraph num="(1)"> <text>OSW applicant’s plan for engaging small businesses;</text> </paragraph> <paragraph num="(2)"> <text>Subject to Regulation .06 of this chapter, OSW applicant’s plan for compliance with the Minority Business Enterprise Program for the construction, manufacturing, and maintenance phases of the proposed offshore wind project shall:</text> <paragraph num="(a)"> <text>Describe the applicant’s best efforts to engage MBEs in, at a minimum, planning and design activities; financing; project administration; construction activities, including, but not limited to wind turbine assembly, foundation and substructure construction, and balance of plant activities; and operation and maintenance activities associated with the project;</text> </paragraph> <paragraph num="(b)"> <text>Describe the MBE participation goal for each phase of the project and how the applicant intends to achieve such goal(s), including the number of jobs, the expected average salary and/or total compensation to MBEs, and the estimated nominal dollars (U.S.) of the contract attributable to MBE contractors and subcontractors;</text> </paragraph> <paragraph num="(c)"> <text>Describe best efforts the applicant has made to consult with MBEs and the Governor’s Office of Small, Minority & Women Business Affairs prior to the submission of the application; and</text> </paragraph> <paragraph num="(d)"> <text>Include a proposed schedule for continued engagement with MBEs and the Governor’s Office of Small, Minority & and Women Business Affairs;</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>OSW applicant’s plan for the use of skilled labor, especially for the construction and manufacturing components of the project, including outreach, hiring, or referral systems, or all of these, that are affiliated with registered apprenticeship programs under Labor and Employment Article, Title 11, Subtitle 4, Annotated Code of Maryland;</text> </paragraph> <paragraph num="(4)"> <text>OSW applicant’s plan for using an agreement designed to ensure the use of skilled labor and to promote the prompt, efficient, and safe completion of the project particularly with regard to the construction, manufacturing, and maintenance of the proposed offshore wind project;</text> </paragraph> <paragraph num="(5)"> <text>OSW applicant’s plan to provide for compensation to its employees and subcontractors consistent with wages outlined in State Finance and Procurement Article, Title 17, Subtitle 2, Annotated Code of Maryland;</text> </paragraph> <paragraph num="(6)"> <text>An OSW applicant’s plan for using a community benefit agreement, as required by Public Utilities Article, §7-704.1(e)(1)(i), Annotated Code of Maryland, that:</text> <paragraph num="(a)"> <text>Promotes increased opportunities for local businesses and small, minority, woman-owned, and veteran-owned businesses in the clean energy industry;</text> </paragraph> <paragraph num="(b)"> <text>Ensures the timely, safe, and efficient completion of the project by facilitating a steady supply of highly skilled craft workers who shall be paid not less than the prevailing wage rate determined by the Commissioner of Labor and Industry under State Finance and Procurement Article, Title 17, Subtitle 2, Annotated Code of Maryland;</text> </paragraph> <paragraph num="(c)"> <text>Promotes safe completion of the project by ensuring that at least 80 percent of the craft workers on the project have completed an Occupational Safety and Health Administration 10-hour or 30-hour course;</text> </paragraph> <paragraph num="(d)"> <text>Promotes career training opportunities in the construction industry for local residents, veterans, women, and minorities;</text> </paragraph> <paragraph num="(e)"> <text>Provides for best efforts and effective outreach to obtain, as a goal, the use of a workforce including minorities, to the extent practicable; and</text> </paragraph> <paragraph num="(f)"> <text>Reflects a twenty-first-century labor-management approach based upon cooperation, harmony, and partnership;</text> </paragraph> </paragraph> <paragraph num="(7)"> <text>The plan for implementing the opportunities outlined in the community benefit agreement shall:</text> <paragraph num="(a)"> <text>Describe the applicant’s best efforts to engage VSBEs and local businesses in, at a minimum, planning and design activities; financing; project administration; construction activities, including, but not limited to wind turbine assembly, foundation and substructure construction, and balance of plant activities; and operation and maintenance activities associated with the project;</text> </paragraph> <paragraph num="(b)"> <text>State a combined VSBE and local business participation goal for each phase of the project and how the applicant intends to achieve such goal(s), including the number of jobs, the expected average salary and/or total compensation to VSBEs and/or local businesses, and the estimated nominal dollars (U.S.) of the contract attributable to VSBE and local business contractors and subcontractors; and</text> </paragraph> <paragraph num="(c)"> <text>Identify how the applicant intends to source labor and build clear career pipelines for job growth in Maryland, as well as identify partnerships with workforce partners. Such partnerships could include intermediaries, local workforce development boards, registered apprenticeship programs, universities, research institutions, or other stakeholders. Such plan must further describe the qualitative value of the actions the applicant intends to take;</text> </paragraph> </paragraph> <paragraph num="(8)"> <text>Documentation of the applicant’s efforts to conduct outreach to and engage with VSBEs and local businesses; and</text> </paragraph> <paragraph num="(9)"> <text>Documentation of the applicant’s efforts to consult with the Governor’s Office of Small, Minority & Women Business Affairs.</text> </paragraph> </paragraph> <paragraph num="K."> <text>An application shall include the following financial information related to the proposed offshore wind project:</text> <paragraph num="(1)"> <text>Detailed financial analysis of the proposed project, including:</text> <paragraph num="(a)"> <text>A pro forma income statement, balance sheet and cash flow projection covering the development period, construction period and operating term during the term of the proposed OREC price schedule, with detailed revenues and expenses;</text> </paragraph> <paragraph num="(b)"> <text>Description and estimated benefits of any State or federal grants, rebates, tax credits, loan guarantees or other similar benefits received by the proposed project; and</text> </paragraph> <paragraph num="(c)"> <text>Estimated internal rate of return and return on equity;</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Proposed offshore wind project balance sheet at project COD with all capital expenditures broken down by major cost category;</text> </paragraph> <paragraph num="(3)"> <text>Proposed capital structure identifying equity investors, sources of debt, any other sources of capital, and written demonstration of equity and debt funding commitments, which include the following:</text> <paragraph num="(a)"> <text>For an OSW applicant that is seeking equity investors in a proposed offshore wind project:</text> <paragraph num="(i)"> <text>Documentation of the OSW applicant’s serious, good-faith efforts to solicit and interview a reasonable number of minority investors, which shall include a demonstration of the OSW applicant’s coordination with the Governor's Office of Small, Minority & Women Business Affairs; and</text> </paragraph> <paragraph num="(ii)"> <text>A confidential statement listing the names and addresses of all minority investors interviewed and whether or not any of those investors have purchased an equity share in the proposed offshore wind project; or</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>For an OSW applicant that is not seeking equity investors in a proposed offshore wind project, a statement from that OSW applicant affirming that it is not seeking equity investors in the proposed offshore wind project;</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>Year-by-year spending projections of expenses and capital expenditures by five- or six-digit NAICS code extending through the term of the proposed OREC price schedule and divided into four categories:</text> <paragraph num="(a)"> <text>In-State labor;</text> </paragraph> <paragraph num="(b)"> <text>In-State non-labor;</text> </paragraph> <paragraph num="(c)"> <text>Out-of-State labor; and</text> </paragraph> <paragraph num="(d)"> <text>Out-of-State non-labor;</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>Detailed matrix, supported by documentation, demonstrating that the OSW applicant has applied for all current eligible State and federal grants, rebates, tax credits, loan guarantees, or other programs available to offset the cost of the proposed project or provide tax advantages;</text> </paragraph> <paragraph num="(6)"> <text>Affirmative statement of the OSW applicant’s commitment to use best efforts to apply for all eligible State and federal grants, rebates, tax credits, loan guarantees, and other similar benefits as those benefits become available and to agree to pass along to retail electric customers 80 percent of the value of any State or federal grants, rebates, tax credits, loan guarantees, or other similar benefits received by the proposed project and not included in the application;</text> </paragraph> <paragraph num="(7)"> <text>Affirmative statement that the OSW applicant will execute a memorandum of understanding with the Commission that requires the OSW applicant to make serious, good-faith efforts to interview minority investors in any future attempt to raise venture capital or attract new investors to the qualified offshore wind project;</text> </paragraph> <paragraph num="(8)"> <text>Affirmative statement of the OSW applicant’s commitment to deposit $6,000,000 into the Maryland Offshore Wind Business Development Fund, which shall consist of an initial deposit of $2,000,000 within 60 days of the Commission’s approval of a proposed offshore wind project, $2,000,000 within 1 year after the initial deposit, and $2,000,000 within 2 years after the initial deposit;</text> </paragraph> <paragraph num="(9)"> <text>Affirmative statement by the OSW applicant that it will hold harmless the retail electric customers, OREC purchasers, and the State for any cost overruns associated with the proposed offshore wind project; and</text> </paragraph> <paragraph num="(10)"> <text>Affirmative statement that the OSW applicant will use commercially reasonable efforts to sell its electricity service attributes to the PJM markets.</text> </paragraph> </paragraph> <paragraph num="L."> <text>An application shall include a cost-benefit analysis that covers the following items and the assumptions and data that the OSW applicant used to generate each item:</text> <paragraph num="(1)"> <text>An input-output analysis describing the in-state impact on income, employment, wages, and state and local taxes, with particular emphasis on effects on manufacturing employment in the State, as well as the complete set of data and assumptions that the OSW applicant used to generate the input-output analysis;</text> </paragraph> <paragraph num="(2)"> <text>An analysis describing expected employment impacts in the State (expressed as full-time equivalent positions), including expected type and duration of employment opportunities, the expected salary range of positions, and other effects resulting from, for example, in-state construction, operations, maintenance, and equipment purchases, and supported by detailed documentation, including any binding commitments;</text> </paragraph> <paragraph num="(3)"> <text>An analysis describing the in-state business impacts of the proposed offshore wind project;</text> </paragraph> <paragraph num="(4)"> <text>An analysis describing anticipated environmental and health impacts, including impacts on the affected marine environment based on publicly available information, related to construction, operation and decommissioning of the proposed offshore wind project, including direct emissions impacts created by the proposed offshore wind project related to carbon dioxide, oxides of nitrogen, sulfur dioxide, particulates and mercury emissions (in each case, expressed in terms of the number of tons of emissions abated per annum), as well as other relevant environmental and health impacts to the citizens of Maryland;</text> </paragraph> <paragraph num="(5)"> <text>An analysis describing any other impacts on residential, commercial, and industrial retail electric customers over the life of the proposed offshore wind project;</text> </paragraph> <paragraph num="(6)"> <text>An analysis describing the long-term effect of the proposed offshore wind project on wholesale energy, capacity, and ancillary services markets administered by PJM that includes analysis of contributions to regional system reliability, fuel diversity, competition, transmission congestion, and other power market benefits;</text> </paragraph> <paragraph num="(7)"> <text>An analysis describing any other benefits to the State created by the proposed offshore wind project, such as in-state construction, operations, maintenance, and equipment purchases; and</text> </paragraph> <paragraph num="(8)"> <text>Other relevant considerations that the OSW applicant elects to include.</text> </paragraph> </paragraph> <paragraph num="M."> <text>An application shall include a proposed OREC price schedule for the proposed offshore wind project’s electricity service attributes that is subject to the following requirements:</text> <paragraph num="(1)"> <text>The proposed OREC price schedule shall consist of either a:</text> <paragraph num="(a)"> <text>Two-part OREC price in which the first component is expressed as either a single firm price for each calendar year or a series of firm prices for each calendar year and the second component is expressed as a single firm price for each calendar year subject to a true-up based upon any change between the Commission’s estimated cost of transmission upgrades and PJM’s actual upgrade cost as specified in the executed Interconnection Service Agreement, for a total OREC price up to and not exceeding $190 per megawatt hour (levelized in 2012 dollars) for Round 1 projects and subject to the projected net rate impact caps for residential and nonresidential customers, as described by Public Utilities Article, §7-704.1(e)(1)(ii) and (iii), Annotated Code of Maryland; or</text> </paragraph> <paragraph num="(b)"> <text>One-part OREC price, expressed as either a single firm price for each calendar year or a series of firm prices for each calendar year, that is not subject to true-up, up to and not exceeding $190 per megawatt hour (levelized in 2012 dollars) for Round 1 projects and subject to the projected net rate impact caps for residential and nonresidential customers for Round 1 and Round 2 projects, as described by Public Utilities Article, §7-704.1(e)(1)(ii) and (iii), Annotated Code of Maryland;</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>The unit of OREC price on the proposed OREC price schedule must be on a dollars ($) per delivered OREC (MWh) basis by calendar year; and</text> </paragraph> <paragraph num="(3)"> <text>All proposed OREC price schedules shall propose OREC prices for each calendar year for an initial term of up to 20 years commencing on the estimated project COD and an additional schedule of OREC prices for each of the five calendar years immediately following the end of the initial term to cover potential delays in project COD.</text> </paragraph> </paragraph> <paragraph num="N."> <text>An application shall include a proposed OREC amount that is a quantity, expressed as a single annual number on a megawatt hour per calendar year basis and fixed for the proposed term of the project’s proposed OREC price schedule, and that is accompanied by the expected generation confidence level associated with that proposed OREC amount.</text> </paragraph> <paragraph num="O."> <text>An applicant may submit more than one application for any proposed project or more than one proposed OREC price schedule and related proposed OREC amount for the same application. If an applicant submits multiple proposed OREC price schedules and related proposed OREC amounts, each proposed OREC price schedule and related proposed OREC amount together with its related application will be treated as a separate application. All applications will be treated as mutually exclusive.</text> </paragraph> <paragraph num="P."> <text>At least 30 days prior to the application submission, the applicant shall meet with local officials of any municipalities within the viewshed of a proposed offshore wind project and any municipalities where shore-side development is proposed. Applicants shall present the proposed project to the local officials and solicit feedback on community values and local concerns. Presentation materials and minutes, notes, or transcripts of such meeting shall be incorporated in the community outreach plan required by §R of this regulation.</text> </paragraph> <paragraph num="Q."> <text>Following the meeting with local officials, but at least 30 days prior to the application submission, the applicant shall hold at least one public meeting in municipalities within the viewshed of the proposed offshore wind project and municipalities where shore-side development is proposed. Notice of such meeting shall be given in accordance with local law. At a minimum, the applicant shall provide information about the proposed project and present the anticipated impacts of the proposed project on local environmental, economic, and cultural resources and the applicant’s proposed plans for mitigating or minimizing adverse impacts. Presentation materials, public comments, and minutes or transcripts of such meetings shall be incorporated in the community outreach plan required by §R of this regulation.</text> </paragraph> <paragraph num="R."> <text>An application shall include a community outreach plan describing proposed stakeholder engagement during the pre-construction, construction, and operation phases of the proposed project. Community outreach plans shall contain:</text> <paragraph num="(1)"> <text>A description and analysis of affected communities;</text> </paragraph> <paragraph num="(2)"> <text>A plan for locally targeted education and marketing strategies, such as advertisements, informational campaigns, direct mailings, outreach events and activities, and targeted engagement with local community groups;</text> </paragraph> <paragraph num="(3)"> <text>A proposed schedule for meetings with local officials, ongoing community engagement efforts, and public meetings;</text> </paragraph> <paragraph num="(4)"> <text>An analysis of any localized support and opposition to the project which the applicant is aware, including supporting documentation; and</text> </paragraph> <paragraph num="(5)"> <text>A reasonable response to concerns raised by local officials and community members at the pre-application meetings required by §§P and Q of this regulation, including any concerns regarding impacts to coastal viewshed, coastal community property values, tourism, and commercial and/or recreational fishing grounds. To the extent such issues were identified by the local community, the applicant shall reasonably describe its proposed plan to mitigate or minimize adverse impacts.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Evaluation Criteria."> <paragraph num="A."> <text>An application must demonstrate the proposed offshore wind project meets the following minimum threshold criteria, as specified:</text> <paragraph num="(1)"> <text>The proposed offshore wind project complies with Public Utilities Article, §7-701(k)(1) and (2), Annotated Code of Maryland;</text> </paragraph> <paragraph num="(2)"> <text>The term of the proposed OREC price schedule is not longer than 20 years, and commences no earlier than January 1, 2017 for Round 1 projects and no earlier than July 1, 2017 for Round 2 projects;</text> </paragraph> <paragraph num="(3)"> <text>The OREC price on the proposed OREC price schedule do not exceed $190 per megawatt hour in levelized 2012 dollars for Round 1 projects, as measured using a nominal discount rate equal to the long-term composite Treasury Bond rate (or equivalent) and a deflation rate equal to the near-term average GDP Deflator (or equivalent), notified by the Commission to potential OSW applicants;</text> </paragraph> <paragraph num="(4)"> <text>Demonstration that the proposed project, including the associated transmission-related interconnection facilities, will be constructed using commercially proven components and equipment available to the OSW applicant;</text> </paragraph> <paragraph num="(5)"> <text>Demonstration that the project COD is reasonable in light of the permitting, technical, construction, operational, and economic challenges generally faced by offshore wind project developers; and</text> </paragraph> <paragraph num="(6)"> <text>Evidence of site control or demonstration of a feasible plan to obtain site control.</text> </paragraph> </paragraph> <paragraph num="B."> <text>For each application that meets the minimum threshold criteria, the Commission shall conduct independent qualitative and quantitative analyses that considers the criteria enumerated in Public Utilities Article, §7-704.1(d)(1)(i) through (xiii), Annotated Code of Maryland.</text> <paragraph num="(1)"> <text>The qualitative analysis shall use a ranking system to identify applications with characteristics that contribute to the likelihood of successful development and to the net economic, environmental, and health benefits to the State.</text> <paragraph num="(a)"> <text>The following factors shall be considered as part of the qualitative analysis:</text> <paragraph num="(i)"> <text>Qualifications of the OSW applicant’s project team, including but not limited to experience in project development, environmental permitting, engineering and construction, operations, maintenance and financing;</text> </paragraph> <paragraph num="(ii)"> <text>Project characteristics, including but not limited to project design (for example, demonstration that turbine layout is consistent with best practices for optimal output and maintainability), turbine technology (for example, commercial availability, certification status, compatibility with project service life, warranties), foundation and support structure (for example, suitability for site conditions, design standards), converter station and interconnection (for example, appropriateness of equipment for site, turbine ratings, and number of turbines; reasonableness of interconnection and delivery points; interconnection designs consistent with best practices), and reasonableness of claimed net capacity and annual energy output;</text> </paragraph> <paragraph num="(iii)"> <text>Financial plan, including but not limited to completeness and reasonableness of the plan, financial strength of the developer, sources of debt and equity and firmness of commitments, plan for addressing cost overruns and other development risks, evidence of best efforts to identify and access State or federal grants, rebates, tax credits, loan guarantees or other similar benefits available to the proposed project and future commitments to seek out future benefits;</text> </paragraph> <paragraph num="(iv)"> <text>Demonstration of site control such as a BOEM lease or, alternatively, adequacy of plan for obtaining site control, as well as arrangements for interconnection right-of-way;</text> </paragraph> <paragraph num="(v)"> <text>Project COD and schedule, including but not limited to reasonableness of the proposed schedule (acknowledging, for example, weather delays), construction plan (reasonableness of plan and level of detail, for example, port, storage, lay-down and staging-areas, as well as evidence of consistency with procurement plan, supply chain descriptions, and contracting strategy), and testing and commissioning plan;</text> </paragraph> <paragraph num="(vi)"> <text>If applicable, the reasonableness of the proposed transmission upgrade cost allocation methodology, taking into account whether the proposed methodology fairly serves the interest of ratepayers;</text> </paragraph> <paragraph num="(vii)"> <text>Operations and maintenance plan, including but not limited to reasonableness of proposed management plan and mitigation strategies and evidence of unique requirements in the context of a large offshore wind facility (for example, port, maintenance vessel, staffing, spare parts supplies);</text> </paragraph> <paragraph num="(viii)"> <text>Decommissioning plan, including but not limited to quality and completeness of plan, and assurance of available funding to decommission the plant, interconnection facilities and associated equipment;</text> </paragraph> <paragraph num="(ix)"> <text>Transmission improvements, including but not limited to quality and completeness of analysis, and consideration of benefits created by associated transmission and distribution upgrades such as improved reliability or reduced congestion;</text> </paragraph> <paragraph num="(x)"> <text>OSW applicant’s input-output analysis required by Public Utilities Article, §7-704.1(c)(3)(i), Annotated Code of Maryland, including completeness of descriptions and documentation, verifiability of model inputs and reasonableness of outputs, and extent to which the analysis demonstrates positive net economic benefits to the State;</text> </paragraph> <paragraph num="(xi)"> <text>OSW applicant’s analysis of the net environmental and health impacts, including impacts on the affected marine environment based on publicly available information, to the State including impacts during construction, operation and decommissioning of the proposed project, including completeness of descriptions and documentation, verifiability of model inputs and reasonableness of outputs, and extent to which the analysis demonstrates positive net environmental and health benefits to the State;</text> </paragraph> <paragraph num="(xii)"> <text>Extent to which OSW applicant’s proposed project will assist in meeting the renewable energy portfolio standard, considering the expected generation confidence level associated with the proposed OREC amount;</text> </paragraph> <paragraph num="(xiii)"> <text>Unique attributes that distinguish a proposed project from another;</text> </paragraph> <paragraph num="(xiv)"> <text>Adequacy of the OSW applicant’s plan demonstrating engagement of small, women-owned, local, veteran-owned, and minority businesses, commitment to the use of skilled labor, and labor compensation plan;</text> </paragraph> <paragraph num="(xv)"> <text>Evidence of serious, good-faith efforts to solicit participation of minority investors, should the proposed project have sought capital investment, and evidence of serious, good-faith commitment to solicit minority investors in future attempts to raise capital;</text> </paragraph> <paragraph num="(xvi)"> <text>OSW applicant’s analysis of impacts on residential, commercial, and industrial retail electric customers, including consideration of whether the analysis properly reflects proposed OREC pricing and unique character of the applicant’s pricing proposal; and</text> </paragraph> <paragraph num="(xvii)"> <text>OSW applicant’s analysis of long-term changes to the wholesale electric market associated with the project, including consideration of the quality of analysis showing contributions to regional system reliability, fuel diversity, competition, transmission congestion, and other benefits.</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>The qualitative analysis may result in the elimination from further consideration of an application that the Commission determines represents a significant risk of not achieving successful commercial operation or is not likely to provide net economic, environmental, and health benefits to the State.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>The quantitative analysis shall measure the impact of a proposed project and, as applicable, a combination of proposed projects, expressed in monetary terms.</text> <paragraph num="(a)"> <text>The quantitative analysis of the projected net rate impacts for an average Maryland retail electric customer based on an annual consumption of 12,000 kilowatt hours and nonresidential retail electric customers shall include consideration of the proposed OREC price schedule (including the proposed additional OREC prices for a further period of [five] 5 years referenced in Regulation .02M(3) of this chapter) and proposed OREC amount, the value of energy, capacity, and ancillary services generated by the proposed project, the value of avoided Tier 1 REC costs, and any consequential impacts on wholesale market energy, capacity, ancillary service, and REC prices, to determine the following:</text> <paragraph num="(i)"> <text>Whether the projected net rate impact for applicable classes exceeds the limitations established in [Public Utilities Article, §7-704.1(e)(1)(ii) and (iii), Annotated Code of Maryland;] Public Utilities Article, §7-704.1(e)(1)(iii)(1) and (2), Annotated Code of Maryland; and</text> </paragraph> <paragraph num="(ii)"> <text>The forecasted net rate impact to ratepayers over the initial term of the proposed project;</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>The quantitative analysis of the economic impacts on Maryland associated with the proposed project shall assess the projected impact of the proposed project on in-state income, employment, taxes, and local spending associated with the project lifecycle including construction, operations, maintenance, and equipment purchases.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>The independent analysis of the environmental and health benefits on Maryland associated with the proposed project, quantitatively expressed in tons of avoided air emissions and qualitatively expressed in terms of health impacts associated with avoided air emissions and impacts on the affected marine environment based on publicly available information.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Subject to §B(1)(b) of this regulation, the Commission shall rank proposed projects (and combinations of proposed projects, if applicable) based on the qualitative and quantitative evaluation described by §B of this regulation. The Commission shall not approve an application that does not meet the requirements of Public Utilities Article, §7-704.1(e)(1)(i) through (iii), Annotated Code of Maryland.</text> </paragraph> <paragraph num="D."> <text>The Commission shall evaluate all applications received by it prior to the end of the application period and apply the same evaluation criteria to each application without discrimination among the applications.</text> </paragraph> <paragraph num="E."> <text>The Commission order approving an application shall be conditional upon completion of the following:</text> <paragraph num="(1)"> <text>The Commission and the OSW applicant execute a memorandum of understanding by which the OSW applicant agrees to make serious, good-faith efforts to interview minority investors in any future attempts to raise venture capital or attract new investors to the qualified offshore wind project;</text> </paragraph> <paragraph num="(2)"> <text>The Commission and the OSW applicant execute a memorandum of understanding that requires the OSW applicant to use best efforts and effective outreach to obtain, as a goal, contractors and subcontractors for the project that are minority and veteran-owned business enterprises, to the extent practicable, as supported by a disparity study and as follows:</text> <paragraph num="(a)"> <text>The memorandum of understanding shall include a provision whereby the applicant agrees to comply with Public Utilities Article, §7-704.1(i)(3), Annotated Code of Maryland, and develop a tracking methodology to report workforce diversity in the reports required pursuant to that Article;</text> </paragraph> <paragraph num="(b)"> <text>The memorandum of understanding shall include a provision whereby the applicant agrees to develop a tracking methodology to report its progress establishing and implementing veteran-owned business enterprise goals and procedures that shall be submitted to the Commission every 6 months following the issuance of an order approving an OREC application; and</text> </paragraph> <paragraph num="(c)"> <text>The memorandum of understanding shall include a provision whereby the applicant acknowledges and agrees that the Commission, or a third-party designated by the Commission, may audit the applicant to verify the applicant’s MBE, VSBE, and local business expenditures and any information provided in reports to the Commission regarding the implementation of MBE and community benefit plans. The Commission reserves the right to request additional information from the applicant to verify reported information;</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>As described fully by Regulation .06B of this chapter, the OSW applicant and the Governor’s Office of Small, Minority & Women Business Affairs, in consultation with the Office of the Attorney General, establish a clear plan for setting minority and veteran-owned business enterprise participation goals and procedures for the proposed offshore wind project;</text> </paragraph> <paragraph num="(4)"> <text>To the extent any portions of the applicant’s plan relate to the criteria set forth in Public Utilities Article, §7-704.1(d)(1)(viii) and (ix), Annotated Code of Maryland, the Commission, the OSW applicant, and skilled labor organizations shall sign a memorandum of understanding that requires the applicant to follow such portions; and</text> </paragraph> <paragraph num="(5)"> <text>Any other conditions the Commission determines to be appropriate.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Project Site Concerns."> <text>The Commission shall verify that representatives of the United States Department of Defense and the maritime industry have had the opportunity, through the federal leasing process, to express concerns regarding project siting.</text> </regulation> <regulation prefix="Regulation" num=".05" heading="Contribution to Maryland Offshore Wind Business Development Fund."> <paragraph num="A."> <text>Within 60 days after the Commission approves the application of a proposed offshore wind project, the qualified offshore wind project shall deposit $2,000,000 into the Maryland Offshore Wind Business Development Fund.</text> </paragraph> <paragraph num="B."> <text>Within 1 year after the initial deposit under §A of this regulation, the qualified offshore wind project shall deposit an additional $2,000,000 into the Maryland Offshore Wind Business Development Fund.</text> </paragraph> <paragraph num="C."> <text>Within 2 years after the initial deposit under §A of this regulation, the qualified offshore wind project shall deposit an additional $2,000,000 into the Maryland Offshore Wind Business Development Fund.</text> </paragraph> <paragraph num="D."> <text>The qualified offshore wind project shall notify the Commission within 30 calendar days after each deposit due date whether timely and full payment has been made or not, and if not, an explanation for failure to make the payment.</text> </paragraph> <paragraph num="E."> <text>Failure to make any of the payments required by §§A through C of this regulation shall be deemed a violation of the OREC order, entitling the Commission to take actions as it deems appropriate.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Compliance with Minority Business Enterprise Program."> <paragraph num="A."> <text>To the extent practicable and permitted by the United States Constitution, the qualified offshore wind project shall comply with the State’s Minority Business Enterprise Program.</text> </paragraph> <paragraph num="B."> <text>The Commission may not approve an application until the Governor’s Office of Small, Minority & Women Business Affairs, in consultation with the Office of the Attorney General, and the OSW applicant have established a clear plan for setting reasonable and appropriate minority business enterprise participation goals and procedures for each phase of the qualified offshore wind project, as required by Public Utilities Article, §7-704.1(i)(3)(i), Annotated Code of Maryland.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Offshore Wind Energy Component of Renewable Energy Portfolio Standard."> <paragraph num="A."> <text>The Commission shall establish the offshore wind energy RPS under Public Utilities Article, §7-703(b), Annotated Code of Maryland, and that determination:</text> <paragraph num="(1)"> <text>Shall be based on projected annual creation of ORECs by qualified offshore wind projects; and</text> </paragraph> <paragraph num="(2)"> <text>Shall be made on a forward-looking basis at least three years in advance. If the Commission issues additional OREC orders, it shall at such time adjust the offshore wind energy RPS, on a forward looking basis at least three years in advance, taking into account the number of ORECs projected to be generated by all projects. In establishing the offshore wind energy RPS, the Commission shall include a surplus determined by it in its discretion, to accommodate reasonable forecasting errors in estimating overall electricity sales in the State.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Subject to §C of this regulation, the Commission, in its discretion, may adjust the offshore wind energy RPS in a given year to accommodate a shortfall of ORECs in one or more earlier years that is the result of the variation between the quantity of ORECs calculated from the offshore wind energy RPS and the quantity of ORECs approved by OREC orders for the same period.</text> </paragraph> <paragraph num="C."> <text>Any positive adjustments, or negative adjustments arising as a result of the application of §B of this regulation, to the offshore wind energy RPS shall be on a forward-looking basis and shall be determined at least three years in advance of the calendar year in which that RPS requirement is to take effect.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Establishing the OREC Purchase Obligation and Replacement OREC Price Schedule."> <paragraph num="A."> <text>The Commission shall establish the OREC purchasers’ obligation to purchase ORECs for each year that the offshore wind energy RPS is in effect on a forward-looking basis and at least 3 years in advance of the calendar year in which that OREC purchase obligation is to take effect to allow OREC purchasers to reflect the costs of ORECs in retail prices offered to its customers.</text> </paragraph> <paragraph num="B."> <text>Each OREC purchaser shall meet its OREC purchase obligation by purchasing the necessary number of ORECs from one or more escrow accounts established under this chapter.</text> </paragraph> <paragraph num="C."> <text>If, pursuant to Regulation .02M(1)(a) of this chapter, a project has provided a two-part OREC price for its proposed OREC price schedule, then as soon as possible following the execution of its Interconnection Service Agreement, and if the project determines that any change between the Commission’s estimated cost of transmission upgrades and PJM’s actual upgrade cost as specified in the executed Interconnection Service Agreement requires that the second component of the OREC price be adjusted upward or downward, the project shall submit to the Commission a replacement OREC price schedule that reflects the final OREC price for each calendar year of the OREC price schedule, as adjusted in compliance with the limitations set forth in Regulation .02M(1)(a) of this chapter, accompanied by an explanation of the requested adjustment, and this replacement OREC price schedule shall deemed to be the OREC price schedule for the project for the term of its OREC order.</text> </paragraph> <paragraph num="D."> <text>In assessing whether the adjusted OREC price schedule submitted by the project under §C(1) of this regulation complies with the limitations set forth in Regulation .02M(1)(a) of this chapter, the Commission shall use in its determination the same factors and economic or financial model (including any numerical inputs) used by it at the time it evaluated and approved the project’s application other than the change in PJM’s actual transmission upgrade cost described above.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".09" heading="Appointment of Escrow Administrator."> <paragraph num="A."> <text>A qualified offshore wind project shall appoint an administrator, selected by that project and acceptable to the Commission, to establish for that project an escrow account, a reserve account and other accounts required by this chapter.</text> </paragraph> <paragraph num="B."> <text>In selecting its administrator, the relevant qualified offshore wind project shall seek bids from two or more qualified financial institutions for the scope of work required by this chapter and other scope of work as may be determined by the project; provided, however the project shall not be bound to select the institution that provides the lowest bid but may adopt other criteria that it deems fit in making its selection.</text> </paragraph> <paragraph num="C."> <text>No later than 360 days prior to the to the estimated project COD (or, if the Commission has been notified by the project pursuant to §B of COMAR 20.61.06.16 of one or more delays in the estimated project COD, 360 days prior to the new estimated project COD), a qualified offshore wind project shall propose an administrator to the Commission for approval. That proposal shall be accompanied by all necessary and relevant documents to evidence the qualification of that administrator, in compliance with the provisions of these regulations, and the ability of that administrator to carry out the duties and obligations set forth in these regulations, as well as information evidencing that the project sought bids from two or more qualified financial institutions and the reasons the project selected the entity that it is proposing to the Commission.</text> </paragraph> <paragraph num="D."> <text>The Commission shall notify the qualified offshore wind project of its approval or rejection of the administrator proposed by the project within 60 days of the submission by the project and, in the case of a rejection, the Commission shall provide the reasons for the rejection. In the case of a rejection, the qualified offshore wind project shall select an alternative administrator for approval by the Commission within 30 days of that rejection or, if it is unable to do so within 30 days, cooperate with the Commission to appoint a mutually acceptable administrator no later than 90 days prior to April 1 of the year in which the offshore wind energy RPS takes effect. In determining the acceptability of an institution to be an administrator, the Commission, may, in its discretion consider other factors or qualifications that it deems relevant without requiring that all of the qualifications set forth in the definition of “qualified financial institution” be met.</text> </paragraph> <paragraph num="E."> <text>Subject to the provisions of §§A, B, C, and D of this regulation, each project shall appoint an administrator no later than 90 days prior to April 1 of the year in which the offshore wind energy RPS takes effect.</text> </paragraph> <paragraph num="F."> <text>If the Commission has issued OREC orders applicable to more than one qualified offshore wind project, each project (or its designee) shall propose its own administrator for Commission approval, which may be the same entity as that previously approved by the Commission for one or more other projects.</text> </paragraph> <paragraph num="G."> <text>All written contractual arrangements entered into between an administrator, the relevant qualified offshore wind project and other relevant parties and the interpretation thereof shall be governed by laws of the State of Maryland and the forum for disputes shall be the courts of the State of Maryland or, if applicable, the United States District Court for the District of Maryland. The parties may agree to submit disputes to an arbitration tribunal mutually agreed among them and submit to arbitration rules and procedures as the parties deem appropriate, provided, that any arbitration must include the participation of the Commission.</text> </paragraph> <paragraph num="H."> <text>The fees and expenses of its administrator shall be paid by the project and may, without duplication of amounts paid to the administrator in respect of fees and expenses, be deducted by the project’s administrator from the amount payable to the project in respect of its OREC invoice in accordance with Regulation .11G of this chapter.</text> </paragraph> <paragraph num="I."> <text>Each administrator and the relevant qualified offshore wind project may agree to other terms and conditions as are customarily applicable to escrow, account administration and custodial arrangements so long as those terms and conditions are not prohibited by the provisions of this chapter and OWEA. Within 30 days of its entering into definitive documents with its administrator, each qualified offshore wind project shall submit to the Commission copies of executed versions of those documents, together with a summary of their principal terms and conditions, including any provisions that are in addition to those required by this chapter.</text> </paragraph> <paragraph num="J."> <text>The Commission shall have regulatory oversight over each administrator to ensure proper administration of the relevant escrow account, reserve account and administrator GATS account, including ensuring that invoices issued to the projects and to the OREC purchasers are accurate and properly issued and that payments made by OREC purchasers, payments made to qualified offshore wind projects and rebates paid to or on behalf of the State’s retail electric customers are consistent with the terms of the Commission’s OREC orders and the provisions of this chapter. Each qualified offshore wind project and its administrator shall keep proper books and records of all transactions associated with the execution and administration of the OREC order and related OREC price schedule that will be subject to inspection and audit by the Commission. No later than 90 days following the end of each calendar year, each qualified offshore wind project shall cause its administrator to submit a report to the Commission, in the form as shall be approved by the Commission, summarizing the transactions associated with its administration of the relevant escrow account, reserve account, administrator GATS account and related OREC price schedule, including details of all fees and expenses paid to that administrator for the same period. The Commission may seek further information in relation to or clarification of any item on the administrator’s report as it deems prudent.</text> </paragraph> <paragraph num="K."> <text>The Commission has the authority to notify and require that a qualified offshore wind project replace its administrator within 90 days of the Commission’s request if the Commission determines that the administrator has ceased to be a qualified financial institution, has failed to carry out its duties and obligations in accordance with law and the provisions of this chapter, has engaged in gross negligence or willful misconduct in carrying out its duties or obligations or has been negligent in the management and use of funds entrusted to it. If the relevant qualified offshore wind project fails to replace its administrator within the period specified above, the Commission may remove the project’s administrator and appoint a replacement administrator in its place. All costs and expenses incurred by the Commission in doing so shall be invoiced to, or made for the account of, the project and paid by the replacement administrator as a third-party expense, by deducting these amounts from monies that would otherwise be paid to the project in respect of its OREC invoice under Regulation .11G of this chapter.</text> </paragraph> <paragraph num="L."> <text>A project may seek the approval of the Commission for removal and replacement of its administrator for any one or more of the reasons specified in §K of this regulation or for cause as specified in the contractual agreements entered into between the project and the administrator. In seeking the Commission’s approval, the project shall submit to the Commission evidence that the administrator has ceased to be a qualified financial institution, evidence of any of its misconduct or other reasons for the removal of the administrator. The project shall submit to the Commission for approval a replacement administrator with evidence of such administrator’s qualifications in compliance with the provisions of this chapter and the expected timeline for the replacement to take effect. If at the time of such proposed removal, the project shall have any outstanding debt facilities or shall have received equity investments from one or more unaffiliated entities, the project shall also submit to the Commission written confirmation from each of these entities (or their authorized representative or agent) that it has either approved the removal of the administrator and its replacement or waived its right to so approve. Any removal and replacement of an administrator under this section shall be at the sole cost and expense of the relevant project.</text> </paragraph> <paragraph num="M."> <text>Upon a project acquiring actual knowledge that its administrator is no longer a qualified financial institution or has engaged in gross negligence or willful misconduct in carrying out its duties or obligations or has been negligent in the management and use of funds entrusted to it, the project shall promptly notify the Commission in writing of the same and reference §K of this regulation.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".10" heading="Qualified Offshore Wind Project Invoices; Payment and Transfer of ORECs."> <paragraph num="A."> <text>Subject to the provisions of this regulation, a project may deliver an OREC invoice to its administrator no more frequently than on a monthly basis.</text> </paragraph> <paragraph num="B."> <text>During the initial year in which the offshore wind energy RPS takes effect and so long as project COD shall have occurred with respect to a qualified offshore wind project, the project may deliver the first OREC invoice to its administrator no earlier than the first five business days of the second calendar month immediately following the end of the generation month in respect of which ORECs associated with that project are created by PJM EIS. Thereafter, each OREC invoice may be delivered by a project to its administrator within the first 5 business days of the beginning of each calendar month during the term of an OREC price schedule.</text> </paragraph> <paragraph num="C."> <text>Each OREC invoice shall state the number of ORECs created by PJM EIS for that project for the applicable generation period covered by that invoice (but excluding any ORECs created during any generation periods previously included in OREC invoices submitted to the administrator) and shall be accompanied by a copy of a statement or statements from PJM EIS confirming that the ORECs referenced in the OREC invoice have been created for the project. The OREC invoice shall also state the dollar amount due to that project for the ORECs referenced in the OREC invoice. That dollar amount shall be equal to the product of the number of ORECs created by PJM EIS for that project during the relevant period and the applicable OREC price set forth in the project’s OREC price schedule, less:</text> <paragraph num="(1)"> <text>Any deductions the project is required to make in accordance with Regulation .13 of this chapter;</text> </paragraph> <paragraph num="(2)"> <text>Any deductions on account of the administrator’s fees and expenses as contemplated by Regulation .09H of this chapter; and</text> </paragraph> <paragraph num="(3)"> <text>Any deductions contemplated by Regulation .09K or L of this chapter.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Each administrator shall be responsible for confirming the accuracy of the computations and number of ORECs created as set forth in the OREC invoices delivered to it by comparing that number of OREC set forth in the PJM EIS statements referred to above and the number set forth in the OREC invoices and shall, if it considers necessary, request further information from the project or PJM EIS, or both (but only if that information is customarily provided by PJM EIS at that time) in assisting it to make that determination.</text> </paragraph> <paragraph num="E."> <text>Subject to Regulation .11G of this chapter, if the administrator determines under §D of this regulation that the OREC invoice submitted to it does not contain any error or inaccuracy, it shall approve and pay the OREC invoice within 10 business days of receipt of that invoice. If the administrator determines under §D of this regulation that the OREC invoice submitted to it does contain errors or inaccuracies, then it shall inform the project of the same and request that the project correct the error or inaccuracy prior to making payment under the OREC invoice.</text> </paragraph> <paragraph num="F."> <text>Each qualified offshore wind project shall, for the term of its OREC price schedule, provide irrevocable instructions to PJM EIS to accept all instructions in connection with that project’s GATS account from the administrator, until instructed otherwise by the administrator and the qualified offshore wind project.</text> </paragraph> <paragraph num="G."> <text>Each qualified offshore wind project shall provide irrevocable standing instructions to PJM EIS to automatically deposit in the administrator GATS account all ORECs (or RECs associated with electricity derived from offshore wind energy) created for the project and the administrator shall, if required by PJM EIS, accept the deposit of ORECs (or RECs, as relevant) in accordance with the rules of the PJM EIS until the end of the term of the project’s OREC price schedule. The project shall not, while the standing instructions remain in effect, take any steps to cancel or modify the standing instructions other than informing PJM EIS of a change in the administrator in the event the administrator is replaced under Regulation .09K or L of this chapter. At the end of the term of the project’s OREC price schedule, the administrator shall terminate the standing instructions and instruct PJM EIS to accept all future instructions regarding the RECs created for that project directly from the project (or another person as the project may designate).</text> </paragraph> <paragraph num="H."> <text>Each administrator shall, no later than 15 days after the deposit of ORECs in respect of an OREC invoice to the administrator GATS account and payment of the relevant OREC invoice by the administrator, transfer the relevant number of those ORECs from the administrator GATS account to the GATS account of each OREC purchaser. The number of ORECs transferred by the administrator to the GATS account of each OREC purchaser will equal the aggregate dollar value of the OREC purchase payments made by that OREC purchaser for the relevant quarterly period divided by the aggregate dollar amount of all invoices sent to OREC purchasers by that administrator for the same period, multiplied by the number of ORECs created for the relevant project by PJM EIS for the same period and delivered to the administrator’s GATS account; provided that, notwithstanding the above, the number of ORECs delivered to an OREC purchaser shall not exceed a number determined by dividing the OREC purchase payments made by that OREC purchaser for that quarter by the OREC price for that project for the relevant year.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".11" heading="Invoicing of OREC Purchasers and Administrator’s Responsibilities."> <text>In addition to the duties of the administrator set forth elsewhere in this chapter, each administrator shall have the duties and obligations set forth in this regulation.</text> <paragraph num="A."> <text>Each administrator shall establish and maintain a segregated escrow account, reserve account and GATS account for each qualified offshore wind project that appoints it to be the administrator.</text> </paragraph> <paragraph num="B."> <text>The administrator shall send an invoice to each OREC purchaser on a quarterly basis. The first invoice shall be issued by the administrator within the first 5 business days of the calendar quarter commencing in April of the initial year in which the offshore wind energy RPS takes effect. Thereafter, each invoice shall be delivered by the administrator to each OREC purchaser within the first 5 business days of the beginning of each calendar quarter, during the term of an OREC price schedule. Each invoice will require an OREC purchaser to pay an amount that is equal to the product of:</text> <paragraph num="(1)"> <text>The OREC price for the relevant project for the relevant year within the term of its OREC price schedule, and</text> </paragraph> <paragraph num="(2)"> <text>The OREC purchaser’s final electricity sales data in megawatt-hour terms computed as(a) the sum of(a) the final electricity sales data in megawatt-hour terms reflective of applicable adjustments and reconciliations conducted pursuant to the PJM settlement process for the sales period immediately preceding the invoice date corresponding to those adjustments and reconciliations plus (b) in the case of electricity suppliers that have retail electric customers that purchase “behind the meter” generation (as defined by PJM), the final electricity sales to those customers as measured by the electricity suppliers, minus (B) sales specifically excluded under Public Utilities Article, §7-703, Annotated Code of Maryland, and</text> </paragraph> <paragraph num="(3)"> <text>The offshore wind energy RPS, expressed as a percentage, determined by the Commission under §A of Regulation .07 of this chapter; and</text> </paragraph> <paragraph num="(4)"> <text>The fraction equal to the number of ORECs that the relevant project is authorized to sell in that year divided by the total number of ORECs authorized to be sold by the Commission for all projects in that year.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Within 2 business days of the reconciliations described in §B(2) of this regulation being conducted and made available by PJM, each OREC purchaser shall calculate and deliver to the administrator the final electricity sales data necessary to satisfy §B(2) of this regulation, together with a copy of the relevant PJM report evidencing the relevant electricity sales (other than in respect of the “behind the meter” sales to retail electric customers described in §B(2) of this regulation which shall be separately provided to the administrator by the relevant OREC purchaser) and its methodology for calculating its final electricity sales data that complies with §B(2) of this regulation.</text> </paragraph> <paragraph num="D."> <text>Each OREC purchaser shall pay the invoice issued to it under §B of this regulation to the administrator for deposit into the escrow account within 10 business days of the date of that invoice.</text> </paragraph> <paragraph num="E."> <text>Electricity Supplier Information—Updates to the Administrator’s Records.</text> <paragraph num="(1)"> <text>No later than 15 days before the end of each calendar quarter during which the offshore wind energy RPS is in effect, each electric company shall provide to each administrator the name, address, email address and other related information of each electricity supplier in its territory and updates as applicable.</text> </paragraph> <paragraph num="(2)"> <text>Upon receipt of the contact information for the OREC purchasers from the electric companies, the administrator shall:</text> <paragraph num="(a)"> <text>Determine whether there are any new OREC purchasers since the end of the previous calendar quarter;</text> </paragraph> <paragraph num="(b)"> <text>Gather the information it requires to issue an OREC invoice under §B of this regulation; and</text> </paragraph> <paragraph num="(c)"> <text>Issue OREC invoices in accordance with §B of this regulation to any new OREC purchasers.</text> </paragraph> </paragraph> </paragraph> <paragraph num="F."> <text>Each administrator shall provide to each electricity supplier its electronic funds transfer information, and otherwise coordinate with electricity suppliers (or their designees) to permit electronic transfers of OREC purchase payments. Each electric company shall provide electronic funds transfer information to the administrator to enable it (or its designee), to make electronic transfers of payments contemplated by §G(4) of this regulation.</text> </paragraph> <paragraph num="G."> <text>On each date that the administrator is required to pay the qualified offshore wind project for the amounts invoiced under Regulation .10 of this chapter, the administrator shall withdraw the amounts from its escrow account and apply those amounts in accordance with §G(1) through (4) of this regulation (and in the following order of priority):</text> <paragraph num="(1)"> <text>Prior to making the transfers specified in §G(2), (3) and (4) of this regulation, apply all amounts on deposit in the escrow account to pay the project an amount up to the aggregate balance remaining unpaid under any previously issued OREC invoices that have been approved by the administrator under Regulation .10E of this chapter (less the administrator’s pre-agreed periodic fees and documented reasonable third-party expenses (including any costs and expenses invoiced to the project by or on behalf of the Commission in connection with Regulation .09K of this chapter), any amounts required to be deducted pursuant to Regulation .13C and D of this chapter and any amounts required to be deducted pursuant to Regulation .16E of this chapter);</text> </paragraph> <paragraph num="(2)"> <text>After giving effect to §G(1) of this regulation, apply all amounts remaining on deposit in the escrow account to pay the project amounts due on that payment date under an OREC invoice issued by that project pursuant to Regulation .10 of this chapter;</text> </paragraph> <paragraph num="(3)"> <text>After giving effect to §G(1) and (2) of this regulation, transfer to the reserve account all amounts remaining in the escrow account up to an aggregate amount equal to six months average OREC projected revenue for the concurrent calendar year; and</text> </paragraph> <paragraph num="(4)"> <text>Subject to §H of this regulation, and after giving effect to §G(1), (2) and (3) of this regulation, but no earlier than the 30th day of the immediately following calendar year, transfer all amounts remaining in that escrow account to the electric companies, in accordance with the relative market share of those companies (in megawatt hours), for subsequent allocation, in accordance with Regulation .14 of this chapter, to its retail electric customers (excluding sales to industrial process load and sales to agricultural land owners that an electricity supplier has certified to the Commission pursuant to §E of Regulation .06 of this chapter).</text> </paragraph> </paragraph> <paragraph num="H."> <text>In the event of any shortfall in any of the payments required to be made on any payment date under each of §G(1), (2), and (3) of this regulation, that shortfall shall be paid on the next monthly payment date from funds subsequently deposited in the escrow account, in the order of priority set forth in §G of this regulation until the shortfall is eliminated, prior to applying any funds towards the payment set forth in §G(4) of this regulation.</text> </paragraph> <paragraph num="I."> <text>Each project, together with its administrator, may apply to the Commission for a modification or variation to the above order of payment in the event that it is determined to be commercially required by investors in or financiers to the project but, subject to §H of this regulation, in no event shall that modification or variation result in the refund described in §G(4) of this regulation being made to or on behalf of retail electric customers any less frequently than annually.</text> </paragraph> <paragraph num="J."> <text>Subject to the priority of payments set forth in §G of this regulation and any variations as may be agreed under §I of this regulation, after project COD has occurred and so long as the administrator has approved the OREC invoice under §E of Regulation .10 of this chapter, the administrator shall disburse payment in full to the relevant qualified offshore wind project for its OREC invoice issued under Regulation .10 of this chapter regardless of whether OREC purchasers have paid on-time or in-full. Funds held in the reserve account shall be available for that payment in the event that there are insufficient funds in the escrow account for that purpose.</text> </paragraph> <paragraph num="K."> <text>Each administrator may invest or reinvest any or all monies in the reserve account in permitted investments.</text> </paragraph> <paragraph num="L."> <text>Each administrator shall issue a late-payment notice to a delinquent OREC purchaser within 3 days past the payment due date. If payment is not received within ten days after the late-payment notice, that administrator shall refer the matter to the Commission, notifying the relevant qualified offshore wind project. All late payments shall incur a late-payment fee as required by §M of this regulation. All late-payment fees shall be paid to the administrator for deposit into the escrow account and applied in accordance with §G of this regulation.</text> </paragraph> <paragraph num="M."> <text>Any late payment fee shall be computed from the date on which payment under an invoice delivered by an administrator to an OREC purchaser under Regulation .11B of this chapter is due until the date of payment at an average prime rate for each calendar quarter on all amounts due and unpaid. The applicable average prime rate for each calendar quarter shall be the arithmetic mean, to the nearest one-hundredth of one percent, of the prime rate values published in the Federal Reserve Bulletin, or in the Federal Reserve’s “Selected Interest Rates” (Statistical Release H. 15) (or its replacement publication, if any), for the fourth, third, and second months preceding the first month of the calendar quarter. The late payment fee required to be paid under this regulation shall be compounded quarterly.</text> </paragraph> <paragraph num="N."> <text>The administrator shall provide quarterly reports to the Commission of any delinquent OREC purchaser and the number of days that payment(s) from any delinquent OREC purchaser have been or historically overdue.</text> </paragraph> <paragraph num="O."> <text>Any ORECs not transferred pursuant to Regulation .10H of this chapter as a result of failure by one or more electricity suppliers to pay its invoice on its due date, shall be held in the administrator GATS account for transfer to the account of any OREC purchaser that makes payment in full beyond the date that payment is due in respect of any calendar quarter. Any ORECs for the applicable calendar quarter that have not been transferred after 18 months as a result of failure by one or more electricity suppliers to pay its invoice on its due date, shall be sold by the administrator as a Tier 1 renewable source with revenues for those sales deposited into the escrow account, unless otherwise instructed by the Commission.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".12" heading="Payment of PJM Revenues and Trust for Benefit of Ratepayers."> <paragraph num="A."> <text>Each qualified offshore wind project shall sell all of its electricity service attributes in the markets operated by PJM.</text> </paragraph> <paragraph num="B."> <text>All proceeds from those sales that are associated with the ORECs that a project is authorized to sell under its OREC order (net of fees and charges imposed by PJM) shall be paid to the project’s related escrow account to be applied in accordance with the order of priority set forth in Regulation .11G of this chapter, and any amounts remaining under Regulation .11G(4) of this chapter shall be held in trust by such project’s administrator for the benefit of retail electric customers. The relevant project shall agree to this declaration of trust in the agreement that it enters into with its administrator with respect to payment of those funds.</text> </paragraph> <paragraph num="C."> <text>Each qualified offshore wind project shall instruct PJM or the purchaser of the project’s electricity service attributes, with copies of these instructions provided to the Commission, to deposit proceeds from the sale of that project’s electricity service attributes associated with those ORECs during the term of the project’s OREC price schedule, net of fees and charges imposed by PJM, to the escrow account.</text> </paragraph> <paragraph num="D."> <text>The project shall not have any property interest in the escrow account, the administrator GATS account, the reserve account or the funds or RECs deposit therein, as relevant, except the right to receive payment from such accounts in accordance with the provisions of this chapter and the express property rights to the excess electricity service attributes, RECs derived the excess electricity service attributes and the proceeds from the sale thereof provided for in Regulation .15 of this chapter.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".13" heading="Value to Ratepayers of State or Federal Funds and Benefits."> <paragraph num="A."> <text>As described by Regulation .02K(6) of this chapter, the qualified offshore wind project shall pass along to ratepayers no less than 80 percent of the value of all state or federal grants, rebates, tax credits, loan guarantees and other similar benefits that the project receives that were not included at the time the project submits its application.</text> </paragraph> <paragraph num="B."> <text>No later than 30 days following the end of each calendar year, each qualified offshore wind project shall provide to the administrator and the Commission a complete account of all benefits received from state or federal grants, rebates, tax credits, loan guarantees and other similar benefits not included in the project’s application and received by the project during the preceding year.</text> </paragraph> <paragraph num="C."> <text>The project shall deduct 80 percent of the value of the state or federal grants, rebates, tax credits, loan guarantees and other similar benefits received during the preceding year, as reported by the project pursuant to §B of this regulation, from the OREC invoice submitted to the administrator for the current calendar year under Regulation .10 of this chapter.</text> </paragraph> <paragraph num="D."> <text>The value of the benefits required to be deducted under §C of this regulation shall be deducted from the first OREC invoice submitted to the administrator by the project for the current calendar year and, if the value of the benefits required to be deducted above exceed the amount of the OREC invoice, any balance in the value of these benefits shall be deducted from the second OREC invoice and each OREC invoice thereafter until the full amount of the value of the benefits required to be deducted shall have been fully deducted from the OREC invoices delivered by the project to the administrator.</text> </paragraph> <paragraph num="E."> <text>Each administrator shall specifically identify all of the following information in the annual report that it submits to the Commission under §J of Regulation .09 of this chapter:</text> <paragraph num="(1)"> <text>Total value of all state or federal grants, rebates, tax credits, loan guarantees and other similar benefits that each qualified offshore wind project reports that is has received during the previous calendar year; and</text> </paragraph> <paragraph num="(2)"> <text>Amount in dollars that the project deducted from OREC invoices submitted that represents 80 percent of the value of all state or federal grants, rebates, tax credits, loan guarantees and other similar benefits that each qualified offshore wind project received during the preceding calendar year, as reported by that project.</text> </paragraph> </paragraph> <paragraph num="F."> <text>The project shall maintain books and records related to its receipt of state or federal grants, rebates, tax credits, loan guarantees and other similar benefits that were not included at the time of the project’s application. The Commission shall have the right to inspect those books and records and, at its discretion, order adjustments to the project’s OREC invoices as necessary to fulfill the requirement in §A of this regulation.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".14" heading="Refunds Distributed by Electric Companies."> <paragraph num="A."> <text>Each electric company shall submit a proposal for approval by the Commission describing the methodology that it proposes to use in calculating and refunding or crediting the amounts paid to it under §G(4) of Regulation .11 of this chapter to its retail electric customers.</text> </paragraph> <paragraph num="B."> <text>Each electric company shall, within 90 days of receipt from the administrator, refund or credit the amounts paid to it under §G(4) of Regulation .11 of this chapter to its retail electric customers in accordance with the methodology that is approved by the Commission.</text> </paragraph> <paragraph num="C."> <text>Each electric company may, from time to time, submit an alternative proposal to the Commission describing an alternative methodology for carrying out its obligations under §A of this regulation. If the alternative methodology is approved by the Commission, the electric company shall apply the alternative methodology in carrying out its obligations under §A of this regulation.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".15" heading="Transfer and Expiration of Excess Electricity Service Attributes."> <paragraph num="A."> <text>Legal title and beneficial ownership of an OREC shall vest in the project at the moment such OREC is created by PJM EIS and deposited in the project’s GATS account.</text> </paragraph> <paragraph num="B."> <text>If, after satisfying its obligations to deliver the number of ORECs that it is authorized to sell under its OREC order in any given calendar year, a project determines that the electricity service attributes generated by the project is in excess of that required for the delivery of ORECs in that calendar year, the excess electricity service attributes and any RECs associated with it shall, subject to §C of this regulation, remain the property of the project.</text> </paragraph> <paragraph num="C."> <text>A project that has excess electricity service attributes shall notify the administrator of its intent to elect one of the following:</text> <paragraph num="(1)"> <text>Deposit the ORECs associated with the excess electricity service attributes in the administrator GATS account to be made available to the administrator for delivery to OREC purchasers in the following one or more calendar years in which the offshore wind energy RPS remains in effect; or</text> </paragraph> <paragraph num="(2)"> <text>Sell the RECs derived from the excess electricity service attributes as Tier 1 renewable sources that satisfy the RPS.</text> </paragraph> </paragraph> <paragraph num="D."> <text>If a project notifies its administrator under §C of this regulation of its intent to deposit ORECs associated with excess electricity service attributes in the administrator GATS account for delivery in future years, all revenues from the sale of electricity service attributes associated with those ORECs shall be deposited in the administrator’s escrow account and be applied in accordance with the provisions of this chapter. The ORECs associated with excess electricity service attributes deposited in the administrator GATS account shall be transferred by the administrator to OREC purchasers to satisfy future OREC delivery obligations of the relevant project, prior to delivering new ORECs created for the project in future years.</text> </paragraph> <paragraph num="E."> <text>If a project notifies its administrator under §C of this regulation of its intent to market and sell RECs derived from the excess electricity service attributes as Tier 1 renewable sources that satisfy the RPS, the project shall notify the administrator to transfer those RECs that have been deposited into the administrator GATS account to the GATS account of the project, the purchaser or purchasers identified by the project (or another account as the project may designate) and all proceeds of the sale shall be for the account of the project.</text> </paragraph> <paragraph num="F."> <text>A project may sell all of the excess electricity service attributes that are not associated with the ORECs that it elects (or is deemed to elect) to deposit in the escrow account in any manner it deems appropriate and the proceeds from these sales shall be for the account of the project.</text> </paragraph> <paragraph num="G."> <text>If a project does not give the required notice to its administrator under §C of this regulation within 30 days of the end of the relevant calendar year, the project shall be deemed to have elected to have those excess ORECs deposited in the administrator GATS account.</text> </paragraph> <paragraph num="H."> <text>If at the end of the term of an OREC price schedule and no further extensions of the OREC price schedule are granted under Public Utilities Article, §7-704.2(d), Annotated Code of Maryland, there shall remain in the administrator GATS account any excess ORECs, those excess ORECs shall be retired and any revenues from the sale of its electricity service attributes shall be paid to the electric companies for distribution to its retail electric customers in accordance with Regulation .14 of this chapter.</text> </paragraph> <paragraph num="I."> <text>If the Commission elects to extend the term of the OREC price schedule pursuant to the provisions of Public Utilities Article, §7-704.2(d), Annotated Code of Maryland, any excess ORECs remaining in the administrator GATS account shall be held in the account for future delivery to satisfy future delivery obligations of the project. These ORECs shall be delivered prior to delivery of any new ORECs created for the project during the extended term.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".16" heading="Project Commencement of Operations."> <paragraph num="A."> <text>Each project shall provide periodic updates to the Commission regarding the status of the development of project as required by COMAR 20.61.06.18, including and whether the project is on schedule to meet its estimated project COD as notified to the Commission in the project’s application.</text> </paragraph> <paragraph num="B."> <text>If, based on facts and circumstances available at that time, a project determines that it is not reasonably expected to be able to meet its original estimated project COD, the project shall inform the Commission of its determination and provide the Commission with a new estimate of the project COD.</text> </paragraph> <paragraph num="C."> <text>If the project gives the Commission the notice described in §B of this regulation after the Commission has established the RPS standard and the OREC purchase obligation to take effect in the year that estimated project COD is projected to occur, the qualified offshore wind project must appoint its administrator prior to April 1 of the year in which the offshore wind energy RPS takes effect. The administrator shall be instructed to establish an escrow account but not a reserve account for the purpose of receiving OREC purchase payments and applying the payments received in accordance with the priority of payments below until the qualified offshore wind project certifies (together with a certificate from an independent engineer confirming the same) to the administrator and the Commission that project COD has occurred:</text> <paragraph num="(1)"> <text>Prior to making the transfers specified in §C(2) of this regulation, withdraw from that escrow account, for the account of such administrator, its pre-agreed periodic fees and documented reasonable third-party expenses (including any costs and expenses invoiced to the administrator by or on behalf of the Commission in connection with Regulation .09K of this chapter); and</text> </paragraph> <paragraph num="(2)"> <text>After giving effect to §C(1) of this regulation, but no earlier than the 30th day of the immediately following calendar year, transfer all amounts remaining in the escrow account to the electric companies, in accordance with the relative market share of those companies (in megawatt hours), for subsequent allocation, in accordance with Regulation .14 of this chapter, to its retail electric customers (excluding retail electric customers specifically excluded pursuant to Public Utilities Article, §7-703, Annotated Code of Maryland).</text> </paragraph> </paragraph> <paragraph num="D."> <text>If an administrator is appointed under §C of this regulation, then the administrator shall issue invoices to OREC purchasers in accordance with the procedure described in Regulation .05B of this chapter and in making the computations required under Regulation .05B of this chapter, the administrator shall use the OREC prices for the OREC price schedule described in clause(a) of the definition of “OREC price schedule.”</text> </paragraph> <paragraph num="E."> <text>Upon the occurrence of project COD, the project shall instruct the administrator to establish a reserve account and all monies deposited into the escrow account shall be applied in accordance with Regulation .11G(1)—(4) of this chapter (except to the extent modified pursuant to Regulation .11I of this chapter); provided however, the aggregate fees and expenses paid to the administrator under §C(1) of this regulation shall be deducted from the first OREC invoice submitted by the project to the administrator (and if necessary to cover any shortfall, each subsequent OREC invoice submitted by the project to the administrator until the shortfall this eliminated).</text> </paragraph> <paragraph num="F."> <text>If the new estimated project COD is projected to occur later than 730 days after the original estimated project COD, the Commission shall adjust the offshore wind energy RPS and the OREC purchase obligation, on a forward looking basis at least three years in advance to take such delay into account but no such adjustment shall modify any previously determined offshore wind energy RPS or the OREC purchase obligation until the lapse of the 3-year period commencing on the date the previously determined obligations were to take effect.</text> </paragraph> <paragraph num="G."> <text>If the new estimated project COD will not occur before the end of 5 years after the original estimated project COD or if BOEM terminates the offshore wind project’s lease, the Commission may revoke the OREC order and any OREC price schedule previously issued by it to the project and adjust the offshore wind energy RPS and the OREC purchase obligation under §C of this regulation.</text> </paragraph> <paragraph num="H."> <text>The Commission may withdraw this order if the project:</text> <paragraph num="(1)"> <text>Is unable to obtain rights to a BOEM lease site;</text> </paragraph> <paragraph num="(2)"> <text>Declares bankruptcy; or</text> </paragraph> <paragraph num="(3)"> <text>Is unable to demonstrate to the Commission that it has diligently pursued and engaged in a continuous development and construction program to achieve project COD.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".17" heading="Extension of OREC Price Schedule Beyond the Term."> <paragraph num="A."> <text>Each qualified offshore wind project shall report all of the following information to the Commission within 2 years before the expiration of the term of an OREC price schedule:</text> <paragraph num="(1)"> <text>Anticipated PJM revenues for the project for the 5-year period immediately following expiration of the term of the OREC price schedule; and</text> </paragraph> <paragraph num="(2)"> <text>Anticipated project operating costs for the project for the 5-year period immediately following expiration of the term of the OREC price schedule.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Each qualified offshore wind project shall report all of the following information to the Commission within 2 years of expiration of an additional 5-year term extended under Public Utilities Article, §7-704.2(d), Annotated Code of Maryland:</text> <paragraph num="(1)"> <text>Anticipated PJM revenues for the project for the 5-year period immediately following expiration of the 5-year term extended under Public Utilities Article, §7-704.2(d), Annotated Code of Maryland; and</text> </paragraph> <paragraph num="(2)"> <text>Anticipated project operating costs for the project for the 5-year period immediately following expiration of the 5-year term extended under Public Utilities Article, §7-704.2(d), Annotated Code of Maryland.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".18" heading="Reporting Requirements."> <paragraph num="A."> <text>The qualified offshore wind project shall file annual reports with the Commission each year subsequent to issuance of the OREC order containing updated information required by Regulation .02H of this chapter, until the project achieves project COD.</text> </paragraph> <paragraph num="B."> <text>Any material change to the qualified offshore wind project shall be reported to the Commission within 30 days of the date of that decision and the Commission shall decide, in its discretion, whether further action is necessary, including but not limited to:</text> <paragraph num="(1)"> <text>The capacity of the project;</text> </paragraph> <paragraph num="(2)"> <text>The turbine model;</text> </paragraph> <paragraph num="(3)"> <text>The design of the foundation or support structure;</text> </paragraph> <paragraph num="(4)"> <text>The project COD; and</text> </paragraph> <paragraph num="(5)"> <text>The decommissioning plan.</text> </paragraph> </paragraph> <paragraph num="C."> <text>The qualified offshore wind project shall supply the Commission with submissions made to BOEM and other state and federal agencies related to the development, permitting, engineering, construction and decommissioning of the project.</text> </paragraph> <paragraph num="D."> <text>The qualified offshore wind project shall file quarterly reports with the Commission following issuance of the OREC order containing:</text> <paragraph num="(1)"> <text>The availability and use of opportunities for local businesses, and small, minority, women-owned, and veteran-owned businesses;</text> </paragraph> <paragraph num="(2)"> <text>The success of efforts to promote career training opportunities in the construction industry for local residents, veterans, women, and minorities;</text> </paragraph> <paragraph num="(3)"> <text>Compliance with the minority workforce goal, including efforts taken in pursuit of the MBE Plan and community benefit plan;</text> </paragraph> <paragraph num="(4)"> <text>A status report on the community outreach plan, including a description of activities undertaken in accordance with the community outreach plan, a summary of any local or stakeholder meetings conducted, an anticipated timeline for ongoing and anticipated outreach efforts, and any changes or updates to planned activities since the submission of the community outreach plan; and</text> </paragraph> <paragraph num="(5)"> <text>The current status of its COD.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".19" heading="End of Term."> <paragraph num="A."> <text>Upon either the termination of the term of an OREC price schedule or if further extensions of 5-year terms are granted by the Commission pursuant to Public Utilities Article, §7-704.2(d), Annotated Code of Maryland, at the conclusion of the final term of such 5-year terms, the Commission may instruct the project to cause the administrator to distribute all funds remaining in the escrow account and reserve account to the electric companies for refund to their retail electric customers in accordance with Regulation .14, provided that the following shall have occurred:</text> <paragraph num="(1)"> <text>The administrator shall have paid to the project all amounts owing under any OREC invoice issued by the project to the administrator that does not contain any error or inaccuracy and terminated all standing instructions given to PJM or PJM EIS in favor of the administrator;</text> </paragraph> <paragraph num="(2)"> <text>The administrator shall have paid to the project all amounts that it is entitled to pursuant to Regulation .15 of this chapter and transferred to the project all RECs to which it is entitled under Regulation .15 of this chapter;</text> </paragraph> <paragraph num="(3)"> <text>Any excess ORECs held in the administrator GATS account shall be sold and proceeds thereof be paid to the electric companies for refund to their retail electric customers in accordance with Regulation .14 of this chapter;</text> </paragraph> <paragraph num="(4)"> <text>The administrator shall have complied with any other administrative duties and obligations in connection with the escrow account, reserve account, and the administrator GATS account as the Commission may require; and</text> </paragraph> <paragraph num="(5)"> <text>The administrator shall have submitted to the Commission a final report and full accounting of all the amounts paid to and from the escrow account and reserve account, all sale or retirement of excess ORECs from the administrator GATS account and application of proceeds thereof and any other information as may be requested by the Commission.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Upon the distribution of funds remaining in the escrow account and reserve account in accordance with §A of this regulation, the escrow account and reserve account with respect to the project shall be closed.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".20" heading="Severability."> <text>If any part of the regulations in this chapter is found to be invalid by a court of competent jurisdiction or its application to any person or circumstances is held invalid by a court of competent jurisdiction, the invalidity shall not affect other provisions of these regulations.</text> </regulation> <annotations> <annotation type="Authority">Public Utilities Article, §§2-121, 7-704.1, and 7-704.2, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: September 15, 2014 (41:18 Md. R. 1010)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended effective July 10, 2023 (50:13 Md. R. 514)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02 amended effective July 10, 2023 (50:13 Md. R. 514)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 amended effective July 10, 2023 (50:13 Md. R. 514)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06 amended effective July 10, 2023 (50:13 Md. R. 514)</annotation> <annotation type="History" subtype="Administrative History">Regulation .12B amended effective July 10, 2023 (50:13 Md. R. 514)</annotation> <annotation type="History" subtype="Administrative History">Regulation .18D adopted effective July 10, 2023 (50:13 Md. R. 514)</annotation> </annotations> </chapter> </subtitle> <subtitle num="62" heading="Community Solar Energy Generation Systems"> <chapter num="01" heading="General"> <regulation prefix="Regulation" num=".01" heading="Scope."> <text>This subtitle is applicable to electric companies, subscriber organizations, and subscription coordinators in service territories where customers have the ability to subscribe to a community solar energy generation system under the Community Solar Energy Generating Systems Program.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this subtitle the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>Agent.</text> <paragraph num="(a)"> <text>“Agent” means a person who conducts marketing or sales activities, or both, on behalf of a subscriber organization or subscription coordinator. Agent includes an employee, a representative, an independent contractor and a vendor.</text> </paragraph> <paragraph num="(b)"> <text>“Agent” includes subcontractors, employees, vendors and representatives not directly under contract with the subscriber organization or subscription coordinator that conducts marketing or sales activities on behalf or for the benefit of the subscriber organization or subscription coordinator.</text> </paragraph> <paragraph num="(c)"> <text>“Agent” does not include a member of a neighborhood association, church, nonprofit organization, or other community organization that is a subscriber organization when the member is conducting marketing or sales activities on behalf of the subscriber organization to fellow members and is not receiving any compensation for those marketing or sales activities.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>“Agrivoltaics” has the meaning stated in Public Utilities Article, §7-306.2, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(3)"> <text>“Baseline annual usage” has the meaning stated in Public Utilities Article, §7-306.2, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(4)"> <text>“Brownfield” means one of the following:</text> <paragraph num="(a)"> <text>A former industrial or commercial site identified by federal or State laws or regulations as contaminated or polluted;</text> </paragraph> <paragraph num="(b)"> <text>A closed municipal or rubble landfill regulated under a refuse disposal permit by the Maryland Department of the Environment; or</text> </paragraph> <paragraph num="(c)"> <text>“Mined lands” as defined in COMAR 26.21.01.01B.</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>“CAD” means the Consumer Affairs Division within the Commission pursuant to COMAR 20.32.01.02B(2).</text> </paragraph> <paragraph num="(6)"> <text>“Clean fill site” means a closed filling operation exempt from regulation by the Maryland Department of the Environment under COMAR 26.04.07.04C(5) for which a subscriber organization has provided documentation from a local authority having jurisdiction that the filling operation meets the exemption criteria under COMAR 26.04.07.04C(5).</text> </paragraph> <paragraph num="(7)"> <text>“Commission” means the Public Service Commission of Maryland.</text> </paragraph> <paragraph num="(8)"> <text>“Community solar energy generating system” has the meaning stated in Public Utilities Article, §7-306.2, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(9)"> <text>“Consent” means an agreement with an action communicated by the following:</text> <paragraph num="(a)"> <text>A written document with customer signature; or</text> </paragraph> <paragraph num="(b)"> <text>An electronic document with electronic signature.</text> </paragraph> </paragraph> <paragraph num="(10)"> <text>“Consumer” or “customer” means a retail electric customer account holder of a regulated electric company.</text> </paragraph> <paragraph num="(11)"> <text>“Contract summary” means a summary of the material terms and conditions of a community solar program subscriber contract on a form provided by the Commission.</text> </paragraph> <paragraph num="(12)"> <text>“CSEGS” means a Community solar energy generating system.</text> </paragraph> <paragraph num="(13)"> <text>“Ecologically compromised” means a parcel certified in writing by the state, a county, or a municipal corporation as:</text> <paragraph num="(a)"> <text>Having suffered harm or damage that has resulted in a substantial disruption to the land’s natural processes, biodiversity, or ecological integrity; and</text> </paragraph> <paragraph num="(b)"> <text>Not targeted for mitigation or restoration.</text> </paragraph> </paragraph> <paragraph num="(14)"> <text>“Ecologically compromised” does not include the portions of a parcel:</text> <paragraph num="(a)"> <text>That can support agricultural operations; or</text> </paragraph> <paragraph num="(b)"> <text>Not certified by the state, a county, or municipal corporation as qualifying under paragraph (a) of this subsection.</text> </paragraph> </paragraph> <paragraph num="(15)"> <text>“Electric company” has the meaning stated in Public Utilities Article, §1-101, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(16)"> <text>“Electronic transaction” means a standardized data protocol or electronic transmission medium that has been accepted by the Commission for use in Maryland.</text> </paragraph> <paragraph num="(17)"> <text>“Forest cover” has the meaning stated in Natural Resources Article, §5-1601, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(18)"> <text>“LMI subscriber” has the meaning stated in Public Utilities Article, §7-306.2, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(19)"> <text>“Low income” has the meaning stated in Public Utilities Article, §7-306.2, Annotated Code of Maryland..</text> </paragraph> <paragraph num="(20)"> <text>“Moderate income” has the meaning stated in Public Utilities Article, §7-306.2, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(21)"> <text>“Net tract area” has the meaning stated in Natural Resources Article, §5-1601, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(22)"> <text>“Overburdened community” has the meaning stated in Environmental Article, §1-701, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(23)"> <text>“Personally identifiable information” means information that can be used to distinguish or trace an individual’s identity, either alone or when combined with other personal or identifying information that is linked or capable of being linked to a specific individual.</text> </paragraph> <paragraph num="(24)"> <text>“Pilot program” has the meaning stated in Public Utilities Article, §7-306.2, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(25)"> <text>“Program” has the meaning stated in Public Utilities Article, §7-306.2, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(26)"> <text>“Public event” means an event open to the public where subscriptions to a community solar energy generation system are marketed or sold.</text> </paragraph> <paragraph num="(27)"> <text>“Queue” has the meaning stated in Public Utilities Article, §7-306.2, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(28)"> <text>“Reforestation” has the meaning stated in Natural Resources Article, §5-1601, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(29)"> <text>“Security deposit” means any payment of money given to a subscriber organization by a subscriber in order to protect the subscriber organization against nonpayment of future subscription fees, but does not include escrowed prepaid subscription fees.</text> </paragraph> <paragraph num="(30)"> <text>“Subscriber” has the meaning stated in Public Utilities Article, §7-306.2, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(31)"> <text>“Subscriber organization” has the meaning stated in Public Utilities Article, §7-306.2, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(32)"> <text>“Subscription” has the meaning stated in Public Utilities Article, §7-306.2, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(33)"> <text>“Subscription coordinator” has the meaning stated in Public Utilities Article, §7-306.2, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(34)"> <text>“Tree” has the meaning stated in Natural Resources Article, §5-1601, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(35)"> <text>“Underserved community” has the meaning stated in Environmental Article, §1-701, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(36)"> <text>“Unsubscribed energy” has the meaning stated in Public Utilities Article, §7-306.2, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(37)"> <text>“Utility” means an electric company as defined in Public Utilities Article, §1-101, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(38)"> <text>“Virtual net energy metering” has the meaning stated in Public Utilities Article, §7-306.2, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(39)"> <text>“Virtual net excess generation” means the amount of electricity generated by a CSEGS and attributed to a subscriber that would result in a negative kilowatt–hour reading at the end of the subscriber’s billing cycle if applied to the subscriber’s bill by the electric company as a reduction in metered kilowatt-hours.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Electric Company Compliance Plan and Transition to Permanent Program."> <paragraph num="A."> <text>An electric company shall file a plan and relevant tariffs with an effective date no later than July 1, 2025 for compliance with this subtitle within 45 days after the effective date of revised program regulations adopted by the Commission under Public Utilities Article, §7-306.2(f), Annotated Code of Maryland.</text> </paragraph> <paragraph num="B."> <text>A municipal electric company or electric cooperative electing to participate in the Program shall file a plan and related tariffs for compliance with this subtitle within 45 days after notifying the Commission of that election.</text> </paragraph> <paragraph num="C."> <text>A CSEGS waitlisted by an electric company under the Pilot Program shall receive a queue position under the Program when the following occurs:</text> <paragraph num="(1)"> <text>The Program has begun under Public Utilities Article, §7-306.2(d)(20), Annotated Code of Maryland; and</text> </paragraph> <paragraph num="(2)"> <text>The electric company has received the information required by COMAR 20.62.03.04B(3) for the CSEGS to receive a queue position in the Program.</text> </paragraph> </paragraph> <paragraph num="D."> <text>For all projects waitlisted under the Pilot Program, an electric company shall establish the Program’s queue in the order of the date and time of each project’s application to the electric company under the Pilot Program regardless of Pilot Program category.</text> </paragraph> <paragraph num="E."> <text>A CSEGS with capacity on the Pilot Program queue shall retain the Pilot Program queue position when the tariffs submitted under §A of this regulation become effective.</text> </paragraph> <paragraph num="F."> <text>A CSEGS is considered to have been constructed under the Pilot Program if it received capacity in the Pilot Program and was constructed within the deadlines required under the Pilot Program or as extended by letter order.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Waiver."> <text>The Commission may waive a regulation in this subtitle for good cause shown.</text> </regulation> <annotations> <annotation type="Authority">Public Utilities Article, §§2-113, 2-121, 7-306, 7-306.1, and 7-306.2, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: July 18, 2016 (43:14 Md. R. 781)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended effective March 3, 2025 (52:4 Md. R. 221)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended effective March 21, 2022 (49:6 Md. R. 406); March 3, 2025 (52:4 Md. R. 221)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 amended effective March 3, 2025 (52:4 Md. R. 221)</annotation> </annotations> </chapter> <chapter num="02" heading="Program"> <regulation prefix="Regulation" num=".01" heading="Program Structure."> <paragraph num="A."> <text>Each electric company shall establish a program to accept and administer community solar energy generating system projects from the earlier of:</text> <paragraph num="(1)"> <text>The first date of application of a subscriber organization to operate a community solar energy generating system after the effective date of the revised program regulations adopted by the Commission under Public Utilities Article, §7-306.2(f), Annotated Code of Maryland; or</text> </paragraph> <paragraph num="(2)"> <text>6 months from the effective date of the revised program regulations adopted by the Commission under Public Utilities Article, §7-306.2(f), Annotated Code of Maryland.</text> </paragraph> </paragraph> <paragraph num="B."> <text>An electric company operating a CSEGS program shall continue to operate the program subject to Public Utilities Article, §7-306.2 or an applicable Commission order.</text> </paragraph> <paragraph num="C."> <text>An electric company shall apply bill credits and virtual net excess generation to a subscriber’s bill in accordance with applicable tariffs.</text> </paragraph> <paragraph num="D."> <text>An electric company shall pay subscriber organizations for unsubscribed energy in accordance with applicable tariffs.</text> </paragraph> <paragraph num="E."> <text>An electric company shall maintain program data and records as directed by the Commission.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Program Closure."> <text>The Commission may direct electric companies to close the Program to new applications if the total Statewide net-metered generation exceeds the limit described in Public Utilities Article, §7-306(d), Annotated Code of Maryland.</text> </regulation> <regulation prefix="Regulation" num=".03" heading="Number of Accounts per Project."> <paragraph num="A."> <text>A subscriber organization or subscription coordinator may subscribe as many accounts as needed to match each CSEGS’s capacity.</text> </paragraph> <paragraph num="B."> <text>An electric company may require a subscriber organization or subscription coordinator to maintain a minimum average subscription size of 2 kW per customer for an individual CSEGS during the Program.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Subscription Credits."> <paragraph num="A."> <text>Subscriber List.</text> <paragraph num="(1)"> <text>List Composition.</text> <paragraph num="(a)"> <text>A subscriber organization or subscription coordinator shall provide the electric company with electronic data indicating the proportion of a community solar energy generating system’s output that shall be applied to each subscriber’s bill.</text> </paragraph> <paragraph num="(b)"> <text>An electric company may develop an alternative format for processing subscriber lists.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Update Frequency.</text> <paragraph num="(a)"> <text>A subscriber organization or subscription coordinator may at any time provide an updated subscriber list to an electric company.</text> </paragraph> <paragraph num="(b)"> <text>A subscriber organization or subscription coordinator shall provide an updated subscriber list via the designated electronic portal maintained by the electric company under §H of this regulation or any other format accepted by the electric company.</text> </paragraph> <paragraph num="(c)"> <text>An electric company shall use the most recent subscriber list provided by a subscriber organization or subscription coordinator, subject to submission deadlines incorporated by tariff and accepted by the Commission.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>An electric company shall apply credits using the most recently updated subscriber list provided by the subscriber organization or subscription coordinator.</text> </paragraph> </paragraph> <paragraph num="B."> <text>An electric company shall determine the amount of kilowatt hours to be credited to each subscriber by multiplying the subscriber’s most recent generation proportion from §A of this regulation by the output of the community solar energy generating system as measured by the electric company’s meter.</text> </paragraph> <paragraph num="C."> <text>Application of Subscription Credits.</text> <paragraph num="(1)"> <text>Unless otherwise directed by the Commission, an electric company may choose to apply the appropriate kilowatt-hour credit from §B of this regulation to each subscriber’s bill as either a reduction in metered kilowatt-hour use or a dollar credit to the subscriber's billed amount.</text> </paragraph> <paragraph num="(2)"> <text>An electric company shall choose the same method for all subscribers in a project.</text> </paragraph> </paragraph> <paragraph num="D."> <text>If the electric company chooses to apply the credit from §C of this regulation as a dollar amount, the electric company shall apply a credit no less than the value to the subscriber of the credit had it been applied to the subscriber’s bill as a reduction in metered kilowatt hours.</text> </paragraph> <paragraph num="E."> <text>An electric company shall retain a record of a project’s kilowatt hours applied to each subscriber’s account for a period of 7 years.</text> </paragraph> <paragraph num="F."> <text>Electronic Portal.</text> <paragraph num="(1)"> <text>An electric company shall establish and maintain an electronic portal that allows a subscriber organization or subscription coordinator to provide subscriber lists to the electric company for crediting as required by this regulation.</text> </paragraph> <paragraph num="(2)"> <text>An electric company that has established an electronic portal prior to the effective date of this regulation shall maintain an electronic portal with the capability that is specified in §H(3) of this regulation for each CSEGS in the Program.</text> </paragraph> <paragraph num="(3)"> <text>An electric company shall allow a subscriber organization or subscription coordinator to input data electronically in batches of up to 1,000 subscriber accounts per CSEGS, including the ability to add new subscribers, remove subscribers, and edit the allocations of existing subscribers.</text> </paragraph> </paragraph> <paragraph num="G."> <text>Electric Company Credit Allocation Reporting.</text> <paragraph num="(1)"> <text>An electric company shall provide a subscriber organization or subscription coordinator with a report detailing each subscriber’s credit allocation.</text> </paragraph> <paragraph num="(2)"> <text>An electric company shall provide the report described in §G(1) of this regulation no later than the last day of each calendar month following the month of the CSEGS meter reading by the electric company.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Subscription Limitations."> <paragraph num="A."> <text>A subscriber may not subscribe for an amount of energy that exceeds 200 percent of the value of the subscriber’s baseline annual usage including all subscriptions and any net metered generation.</text> </paragraph> <paragraph num="B."> <text>Multiple Subscriptions.</text> <paragraph num="(1)"> <text>A customer may purchase multiple subscriptions from one or more CSEGS.</text> </paragraph> <paragraph num="(2)"> <text>A subscriber’s total subscribed credits shall comply with §A of this regulation.</text> </paragraph> </paragraph> <paragraph num="C."> <text>A subscriber may participate in net metering as described in Public Utilities Article, §7-306, Annotated Code of Maryland, such that the total of all net-metered generation and subscribed energy does not exceed 200 percent of the value of the subscriber’s baseline annual usage.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Credit Payments."> <text>An electric company may not refund generation credits to customers except as electric bill credits or as payment for virtual net excess generation.</text> </regulation> <regulation prefix="Regulation" num=".07" heading="Virtual Net Excess Generation."> <paragraph num="A."> <text>A subscriber shall:</text> <paragraph num="(1)"> <text>Receive credit for virtual net excess generation; and</text> </paragraph> <paragraph num="(2)"> <text>Accrue virtual net excess generation in the same manner as an eligible customer-generator under Public Utilities Article, §7-306(f), Annotated Code of Maryland, using one of the following periods elected by the subscriber:</text> <paragraph num="(a)"> <text>for a period not to exceed 12 months ending with the billing cycle that is complete immediately prior to the end of April of each year; or</text> </paragraph> <paragraph num="(b)"> <text>an indefinite period.</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>The requirements of §B of this regulation apply only to a subscriber that has elected to accrue virtual net excess generation for a period not to exceed 12 months.</text> <paragraph num="(1)"> <text>An electric company shall pay a subscriber a dollar amount of excess generation as reasonably adjusted to exclude the distribution, transmission, and noncommodity portion of the customer’s bill unless the electric company records subscriber credits as kilowatt hours.</text> </paragraph> <paragraph num="(2)"> <text>An electric company that serves electric retail choice customers shall pay the subscriber for kilowatt hours of excess generation at the lesser of the subscriber’s retail supply rate or the Standard Offer Service rate in effect at the time of payment.</text> </paragraph> <paragraph num="(3)"> <text>An electric company that does not provide Standard Offer Service shall pay a subscriber for kilowatt hours of excess generation at the electric company’s avoided cost of generation.</text> </paragraph> <paragraph num="(4)"> <text>An electric company may pay a subscriber an amount of excess generation as a bill credit if the amount of payment is less than $25.</text> </paragraph> <paragraph num="(5)"> <text>An electric company shall make a determination to apply §§B(1), B(2), or B(3) of this regulation in accordance with the type of subscription credits used for the subscriber according to Regulation .04 of this chapter.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Unsubscribed Energy."> <text>An electric company shall file tariffs to pay a subscriber organization for unsubscribed energy in accordance with Public Utilities Article, §7-306.2(d)(7), Annotated Code of Maryland.</text> </regulation> <regulation prefix="Regulation" num=".09" heading="Utility Cost Recovery."> <paragraph num="A."> <text>An electric company shall receive full and timely cost recovery of Program credit costs.</text> </paragraph> <paragraph num="B."> <text>An electric company may not establish a separate surcharge, fee, or rate for recovery of any program costs, including credit and administrative costs.</text> </paragraph> <paragraph num="C."> <text>An electric company may include Program credit costs in existing rate adjustments for distribution rates or as a revenue or cost component for transmission or commodity rates as accepted by the Commission.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".10" heading="Project Duration."> <paragraph num="A."> <text>Electric company tariffs requiring payments or credits from an electric company to subscribers in effect during the Program or Pilot Program shall remain in effect for subscribers until the final community solar energy generating system in the service territory of the electric company is decommissioned.</text> </paragraph> <paragraph num="B."> <text>An electric company shall continue to facilitate the operation of a subscriber organization that was granted a queue position by the electric company during the Pilot Program or Program or constructed during the Pilot Program or Program until the final community solar energy generating system associated with the subscriber organization or is decommissioned.</text> </paragraph> <paragraph num="C."> <text>A subscriber organization may continue to operate a community solar energy generating system that was granted a queue position by the electric company during the Pilot Program or Program or constructed during the Pilot Program or Program until the community solar energy generating system is decommissioned.</text> </paragraph> <paragraph num="D."> <text>A subscriber organization may create, exchange, and trade subscriptions up to the full project capacity for a community solar energy generating system that was granted a queue position by the electric company during the Pilot Program or Program or constructed during the Pilot Program or Program until the community solar energy generating system is decommissioned.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".11" heading="Billing Accuracy."> <paragraph num="A."> <text>The Commission may establish standards for billing accuracy to apply to subscriber credits and billing revenue.</text> </paragraph> <paragraph num="B."> <text>The Commission may direct an electric company to develop additional automated billing and crediting features in order to improve billing accuracy for the Program.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Public Utilities Article, §§2-113, 2-121, 7-306, 7-306.1, and 7-306.2, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: July 18, 2016 (43:14 Md. R. 781)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended effective June 15, 2020 (47:12 Md. R. 597); March 21, 2022 (49:6 Md. R. 406); March 3, 2025 (52:4 Md. R. 221)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02 amended effective March 3, 2025 (52:4 Md. R. 221)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02A amended effective June 15, 2020 (47:12 Md. R. 597); March 21, 2022 (49:6 Md. R. 406)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02C amended effective March 21, 2022 (49:6 Md. R. 406)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 amended effective June 15, 2020 (47:12 Md. R. 597); March 3, 2025 (52:4 Md. R. 221)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04 amended effective March 21, 2022 (49:6 Md. R. 406); March 3, 2025 (52:4 Md. R. 221)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04E amended effective June 15, 2020 (47:12 Md. R. 597)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06 amended effective March 3, 2025 (52:4 Md. R. 221)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07 amended effective March 3, 2025 (52:4 Md. R. 221)</annotation> <annotation type="History" subtype="Administrative History">Regulation .09 A, C amended effective March 3, 2025 (52:4 Md. R. 221)</annotation> <annotation type="History" subtype="Administrative History">Regulation .10 amended effective March 3, 2025 (52:4 Md. R. 221)</annotation> <annotation type="History" subtype="Administrative History">Regulation .11B amended effective March 3, 2025 (52:4 Md. R. 221)</annotation> </annotations> </chapter> <chapter num="03" heading="Program Administration"> <regulation prefix="Regulation" num=".01" heading="Customer Eligibility."> <paragraph num="A."> <text>CSEGS Location.</text> <paragraph num="(1)"> <text>A customer may subscribe to a community solar energy generating system that is located in the same electric company service territory as the customer.</text> </paragraph> <paragraph num="(2)"> <text>The location of a CSEGS for the purpose of customer eligibility shall be determined by the physical location of the electric meter of the CSEGS.</text> </paragraph> </paragraph> <paragraph num="B."> <text>All rate classes are eligible to subscribe to a community solar energy generating system.</text> </paragraph> <paragraph num="C."> <text>Subscribers served by retail electricity suppliers and subscribers served by Standard Offer Service may subscribe to the same community solar energy generating system.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Subscriber Organization and Subscription Coordinator Requirements."> <paragraph num="A."> <text>A subscriber organization and a subscription coordinator shall apply with the Commission for admission to the Program on forms authorized by the Commission.</text> </paragraph> <paragraph num="B."> <text>The Commission shall assign each successful applicant a CSEGS identification number.</text> </paragraph> <paragraph num="C."> <text>An electric company that participates as a subscriber organization may not recover CSEGS project costs through base distribution rates.</text> </paragraph> <paragraph num="D."> <text>A subscriber organization shall provide, on forms authorized by the Commission, the following data upon application to the Program.</text> <paragraph num="(1)"> <text>The type and quantity of forest cover on each proposed site for a community solar energy generating system included within the application, including:</text> <paragraph num="(a)"> <text>The approximate net tract area measured in acres;</text> </paragraph> <paragraph num="(b)"> <text>The approximate acres within the net tract area with forest cover; and</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Any anticipated impacts the construction of any proposed community solar energy generating system will have on trees and forest cover at the site of the proposed community solar energy generating system, including:</text> <paragraph num="(a)"> <text>The approximate acres of forest cover that will be removed, if any, for construction of the community solar energy generating system;</text> </paragraph> <paragraph num="(b)"> <text>The approximate total acres of any forest cover that will be retained, if any, on the project site;</text> </paragraph> <paragraph num="(c)"> <text>The approximate total acres of anticipated reforestation, if any, required to comply with the Forest Conservation Act;</text> </paragraph> <paragraph num="(d)"> <text>If reforestation will be required, the anticipated method or methods of reforestation, which may include one or more of the following options:</text> <paragraph num="(i)"> <text>Retention and preservation of existing on-site forest;</text> </paragraph> <paragraph num="(ii)"> <text>Retention and preservation of existing off-site forest;</text> </paragraph> <paragraph num="(iii)"> <text>On-site plantings;</text> </paragraph> <paragraph num="(iv)"> <text>Off-site plantings;</text> </paragraph> <paragraph num="(v)"> <text>Forest mitigation banking;</text> </paragraph> <paragraph num="(vi)"> <text>Payment of a fee-in-lieu; or</text> </paragraph> <paragraph num="(vii)"> <text>An alternative method adopted by a local jurisdiction and approved by the Department of Natural Resources under Natural Resources Article, §5-1606.1, Annotated Code of Maryland; and</text> </paragraph> </paragraph> <paragraph num="(e)"> <text>The approximate acres for each reforestation method identified in response to paragraph (d) of this subsection.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Project Application Process."> <paragraph num="A."> <text>An applicant that has been granted admission to the Program by the Commission that wishes to construct and operate a community solar energy generating system under this Program shall apply to the electric company serving the location of the system.</text> </paragraph> <paragraph num="B."> <text>Project Application Procedure.</text> <paragraph num="(1)"> <text>An electric company shall establish a project application procedure in compliance with these regulations and Commission Orders.</text> </paragraph> <paragraph num="(2)"> <text>An electric company shall develop its project application procedure in a manner designed to encourage achievement of program goals and timely project development.</text> </paragraph> <paragraph num="(3)"> <text>An electric company shall develop, for filing with the Commission, tariffed terms and conditions to administer the Program.</text> </paragraph> </paragraph> <paragraph num="C."> <text>An electric company shall assign each project an identification number unique to the electric company’s service territory for the purpose of identification.</text> </paragraph> <paragraph num="D."> <text>Low and Moderate Income Verification.</text> <paragraph num="(1)"> <text>A subscriber organization or subscription coordinator shall verify the income of a prospective subscriber for eligibility as an LMI subscriber under the Program by using one of the following methods:</text> <paragraph num="(a)"> <text>Self-attestation by the prospective subscriber that does not need to be under oath or penalty of perjury;</text> </paragraph> <paragraph num="(b)"> <text>Requiring the prospective subscriber to provide evidence of eligibility for or enrollment in at least one of the following assistance programs:</text> <paragraph num="(i)"> <text>The Maryland Energy Assistance Program;</text> </paragraph> <paragraph num="(ii)"> <text>The Supplemental Nutrition Assistance Program;</text> </paragraph> <paragraph num="(iii)"> <text>Medicaid;</text> </paragraph> <paragraph num="(iv)"> <text>Head Start;</text> </paragraph> <paragraph num="(v)"> <text>Free and reduced price school meals;</text> </paragraph> <paragraph num="(vi)"> <text>The federal Low Income Home Energy Assistance Program;</text> </paragraph> <paragraph num="(vii)"> <text>EmPOWER Maryland low- or moderate-income incentives;</text> </paragraph> <paragraph num="(viii)"> <text>Telephone lifeline service;</text> </paragraph> <paragraph num="(ix)"> <text>The Fuel Fund of Maryland; or</text> </paragraph> <paragraph num="(x)"> <text>Any additional federal, State, or local assistance program that the Commission determines will further the purposes of the program;</text> </paragraph> </paragraph> <paragraph num="(c)"> <text>Pay stubs;</text> </paragraph> <paragraph num="(d)"> <text>Income tax documents;</text> </paragraph> <paragraph num="(e)"> <text>Proof of residence in an affordable housing facility;</text> </paragraph> <paragraph num="(f)"> <text>Proof of residence within a census tract that is:</text> <paragraph num="(i)"> <text>An overburdened community; and</text> </paragraph> <paragraph num="(ii)"> <text>An underserved community;</text> </paragraph> </paragraph> <paragraph num="(g)"> <text>Any verification method that was available under the Pilot Program; or</text> </paragraph> <paragraph num="(h)"> <text>Any additional methods approved by the Commission to verify income.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>A multi-family dwelling unit shall qualify as a low-income subscriber for the purposes of the Program if it has an active contract or award with one or more of the following:</text> <paragraph num="(a)"> <text>United States Department of Housing and Urban Development;</text> </paragraph> <paragraph num="(b)"> <text>United States Department of Agriculture - Rural Development;</text> </paragraph> <paragraph num="(c)"> <text>Maryland Department of Housing and Community Development;</text> </paragraph> <paragraph num="(d)"> <text>Maryland Affordable Housing Trust; or</text> </paragraph> <paragraph num="(e)"> <text>Any other state or federal low- income housing assistance program that requires the operator of the low-income multi-family dwelling unit to ensure all residents of the low-income multi-family dwelling unit have income at or below the maximum income level required for the residents to qualify as LMI subscribers under the Program.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>An operator of a multi-family dwelling unit that does not meet the criteria under §D(2) of this regulation may apply to the Commission to qualify as an LMI subscriber for the purposes of the Program..</text> </paragraph> <paragraph num="(4)"> <text>A subscriber organization or subscription coordinator shall:</text> <paragraph num="(a)"> <text>Verify the eligibility of an LMI subscriber in accordance with §D(1) of this regulation;</text> </paragraph> <paragraph num="(b)"> <text>Retain records of each determination of eligibility for an LMI subscriber; and</text> </paragraph> <paragraph num="(c)"> <text>Make records of determination of eligibility available to the Commission on request.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Program Queue."> <paragraph num="A."> <text>Electric Company Application Process.</text> <paragraph num="(1)"> <text>An electric company shall process applications filed under Regulation .03 of this chapter in the order in which the electric company receives the application.</text> </paragraph> <paragraph num="(2)"> <text>Within 5 business days of receipt, the electric company shall acknowledge receipt of the application and notify the subscriber organization whether the application is complete.</text> </paragraph> <paragraph num="(3)"> <text>If the application is incomplete, the electric company shall provide a written list detailing all information that must be provided to complete the application.</text> </paragraph> <paragraph num="(4)"> <text>A subscriber organization receiving notice of an incomplete application as described in §A(3) of this regulation shall revise and submit the required information within 10 business days after receipt of the list of incomplete information.</text> </paragraph> <paragraph num="(5)"> <text>The electric company shall notify a subscriber organization within 5 business days of receipt of a revised application whether the application is complete or incomplete.</text> </paragraph> <paragraph num="(6)"> <text>An electric company shall grant an extension of time to provide such information upon reasonable request from the subscriber organization.</text> </paragraph> <paragraph num="(7)"> <text>The electric company shall reject an application that is not submitted in accordance with this section.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Queue Order.</text> <paragraph num="(1)"> <text>An electric company shall maintain a program queue consisting of a list of project applications in order of the date of receipt by the electric company of the application unless otherwise modified by §B(2) of this regulation.</text> </paragraph> <paragraph num="(2)"> <text>An electric company shall file with the Commission a tariffed procedure to prioritize multiple applications that are received on a single business day.</text> </paragraph> <paragraph num="(3)"> <text>An electric company shall deem a CSEGS application complete upon provision by the subscriber organization of the following:</text> <paragraph num="(a)"> <text>A partially executed interconnection agreement;</text> </paragraph> <paragraph num="(b)"> <text>Proof of site control; and</text> </paragraph> <paragraph num="(c)"> <text>One of the following:</text> <paragraph num="(i)"> <text>For a community solar energy generating system with a generating capacity of 2MWac or less, proof of application for a required permit or a preliminary step required prior to applying for a required permit; or</text> </paragraph> <paragraph num="(ii)"> <text>For a community solar energy generating system with a generating capacity larger than 2MWac, a completeness determination issued by the Commission or a Public Utility Law Judge in response to an application for a certificate of public convenience and necessity requesting authorization to construct the community solar energy generating system.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(4)"> <text>An electric company shall accept the following as proof of site control:</text> <paragraph num="(a)"> <text>Evidence of property ownership;</text> </paragraph> <paragraph num="(b)"> <text>An executed lease agreement; or</text> </paragraph> <paragraph num="(c)"> <text>A signed option to purchase or lease.</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>The Commission may establish additional conditions limiting the number of projects for which any single subscriber organization or its affiliates may apply in:</text> <paragraph num="(a)"> <text>The Statewide program; or</text> </paragraph> <paragraph num="(b)"> <text>A single utility service territory.</text> </paragraph> </paragraph> </paragraph> <paragraph num="C."> <text>Operational Deadline.</text> <paragraph num="(1)"> <text>If a project fails to begin operating within 24 months of the determination by the electric company that the subscriber organization has provided the information required under §B(3) of this regulation, the electric company shall remove the project from the electric company’s program queue unless the subscriber organization of the project provides to the electric company an additional deposit of $50 per kW to maintain its position within the program queue.</text> </paragraph> <paragraph num="(2)"> <text>If a project fails to begin operating within 36 months of the electric company’s determination that the application is complete under §B(3) of this regulation, the electric company shall remove the project from the electric company’s program queue.</text> </paragraph> <paragraph num="(3)"> <text>The electric company shall extend the operational deadline on a day-for-day basis for the following reasons:</text> <paragraph num="(a)"> <text>If the subscriber organization attests and provides evidence to the electric company that a project’s readiness to begin operating depends only upon receipt of permission to operate from the electric company; or</text> </paragraph> <paragraph num="(b)"> <text>If the subscriber organization attests and provides evidence to the electric company that a governmental permit or approval for the project was subject to a legal challenge or moratorium during the reservation period, and the legal challenge remains pending, or the moratorium remains in effect.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>An electric company shall return the CSEGS deposit upon commencement of operation unless the electric company has removed the project from the queue.</text> </paragraph> <paragraph num="(5)"> <text>If a project has been removed from the queue by the electric company, the queue deposit shall be forfeited.</text> </paragraph> <paragraph num="(6)"> <text>An electric company shall forward forfeited queue deposits to the Commission.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Project Website Information. An electric company shall provide a list of information on its website about the current status of its program queue, including the following information:</text> <paragraph num="(1)"> <text>Name of the subscriber organization;</text> </paragraph> <paragraph num="(2)"> <text>Service address of the project;</text> </paragraph> <paragraph num="(3)"> <text>Proposed capacity of the project;</text> </paragraph> <paragraph num="(4)"> <text>Application date;</text> </paragraph> <paragraph num="(5)"> <text>Status of application (accepted, withdrawn, or removed) and date such action occurred;</text> </paragraph> <paragraph num="(6)"> <text>Interconnection application status;</text> </paragraph> <paragraph num="(7)"> <text>Expected date of first operation;</text> </paragraph> <paragraph num="(8)"> <text>Operation deadline under §C of this regulation;</text> </paragraph> <paragraph num="(9)"> <text>Project identification number;</text> </paragraph> <paragraph num="(10)"> <text>CSEGS identification number; and</text> </paragraph> <paragraph num="(11)"> <text>Project status (reserved, in-service, or withdrawn).</text> </paragraph> </paragraph> <paragraph num="E."> <text>Except as provided in §F of this regulation, an electric company shall update the list under §D of this regulation no less than once per week.</text> </paragraph> <paragraph num="F."> <text>An electric company is not required to update the list under §D of this regulation if there was no change to the information on the list in the immediately preceding week.</text> </paragraph> <paragraph num="G."> <text>An electric company that operates as a subscriber organization shall apply to the Commission for permission to enter each of its own projects into the electric company’s program queue.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Data Communication."> <paragraph num="A."> <text>All subscriber organizations, subscription coordinators, and utilities shall use the uniform electronic transaction processes approved by the Commission.</text> </paragraph> <paragraph num="B."> <text>Community Solar Program Data Collection.</text> <paragraph num="(1)"> <text>Subscriber organizations shall provide the Maryland Public Service Commission with the following data by the 10th day of January, April, July, and October, and the data will be provided to the Maryland Energy Administration and may be made publicly available:</text> <paragraph num="(a)"> <text>The name and address of the subscriber organization responsible for the community solar project;</text> </paragraph> <paragraph num="(b)"> <text>The name(s) and contact information (phone number, email address, and website) of the organization(s) authorized to find and sign-up subscribers;</text> </paragraph> <paragraph num="(c)"> <text>The name and description of the community solar array to include its project ID, physical location, and electrical service territory;</text> </paragraph> <paragraph num="(d)"> <text>The status of the community solar array development to identify the project phase to include at least one of the following options:</text> <paragraph num="(i)"> <text>Design and development phase;</text> </paragraph> <paragraph num="(ii)"> <text>Under construction;</text> </paragraph> <paragraph num="(iii)"> <text>In-service;</text> </paragraph> <paragraph num="(iv)"> <text>Canceled/withdrawn; or</text> </paragraph> <paragraph num="(v)"> <text>On-hold/waitlist;</text> </paragraph> </paragraph> <paragraph num="(e)"> <text>The status of subscription acquisition to include at least one of the following options:</text> <paragraph num="(i)"> <text>Not soliciting subscriptions at this time;</text> </paragraph> <paragraph num="(ii)"> <text>Subscriptions are available;</text> </paragraph> <paragraph num="(iii)"> <text>Fully subscribed, not accepting new subscriptions; or</text> </paragraph> <paragraph num="(iv)"> <text>Fully subscribed, but wait-listing new requests;</text> </paragraph> </paragraph> <paragraph num="(f)"> <text>The types of subscriptions being sought to include at least one of the following options:</text> <paragraph num="(i)"> <text>Private placement only, not available to the public;</text> </paragraph> <paragraph num="(ii)"> <text>Available to residential subscribers only;</text> </paragraph> <paragraph num="(iii)"> <text>Available to commercial subscribers only; or</text> </paragraph> <paragraph num="(iv)"> <text>Available to both residential and commercial subscribers;</text> </paragraph> </paragraph> <paragraph num="(g)"> <text>The status of special discounts available to Low and Moderate income subscribers;</text> </paragraph> <paragraph num="(h)"> <text>The project size (kW-ac);</text> </paragraph> <paragraph num="(i)"> <text>The expected in-service date; and</text> </paragraph> <paragraph num="(j)"> <text>Date of last data update.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Subscriber organizations shall provide the Maryland Public Service Commission with the following data by the 10th day of January, April, July, and October:</text> <paragraph num="(a)"> <text>Information that the subscriber organization deems confidential shall be marked as such;</text> </paragraph> <paragraph num="(b)"> <text>Confidentially marked documents or information contained therein shall be shared with the Maryland Energy Administration and the Office of People's Counsel;</text> </paragraph> <paragraph num="(c)"> <text>Confidential documents can be shared by the Maryland Public Service Commission with an entity subject to the entity signing a nondisclosure agreement or subject to the requirements of the Public Information Act.</text> </paragraph> <paragraph num="(d)"> <text>The name, address, phone number, and email address of the subscriber organization point of contact (POC);</text> </paragraph> <paragraph num="(e)"> <text>The date program capacity was granted by the utility;</text> </paragraph> <paragraph num="(f)"> <text>The proposed community solar generating system output power (kW-dc);</text> </paragraph> <paragraph num="(g)"> <text>Proposed community solar energy generating system acreage (land actually inside the fence line);</text> </paragraph> <paragraph num="(h)"> <text>The percentage of energy subscribed to residential subscribers and to commercial subscribers;</text> </paragraph> <paragraph num="(i)"> <text>A subscription summary for each class of subscribers showing rates, fees, and any other pertinent information; and</text> </paragraph> <paragraph num="(j)"> <text>Date of last data update.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>During community solar project design and construction, all data in §B(1) and (2) of this regulation are considered to be the “best estimate” as of the reporting date. Within 60 days of an array going online, data shall be finalized with values as of the date of “Permission to Operate”. No additional reporting is required after the commercial operational date.</text> </paragraph> <paragraph num="(4)"> <text>If no data have changed from the last report, the subscriber organization may simply submit a report stating that there were no changes from the previous report.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Renewable Energy Credit Ownership."> <paragraph num="A."> <text>Subscribers are not customer-generators under Public Utilities Article, §7-306(g)(5), Annotated Code of Maryland.</text> </paragraph> <paragraph num="B."> <text>Subscriber organizations shall own and have title to all renewable energy attributes or renewable credits associated with community energy generating facilities for which they are authorized by the Commission to participate in the Program.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Conversion of Existing Solar Facilities."> <text>A subscriber organization may apply to the Commission to convert all or a portion of an existing solar generating system that participates in net energy metering under Public Utilities Article, §7-306, Annotated Code of Maryland into a community solar energy generation system under the Program.</text> </regulation> <regulation prefix="Regulation" num=".08" heading="Project Location."> <paragraph num="A."> <text>Except as provided in §B of this regulation, a community solar energy generating system may not be located on the same or an adjacent parcel of land as an existing or proposed community solar energy generating system if the total installed capacity of all community solar energy generating systems on the same or adjacent parcel would exceed 5 megawatts.</text> </paragraph> <paragraph num="B."> <text>The prohibition under §A of this regulation does not apply to projects constructed:</text> <paragraph num="(1)"> <text>On the rooftops of buildings;</text> </paragraph> <paragraph num="(2)"> <text>In areas that are zoned for industrial use;</text> </paragraph> <paragraph num="(3)"> <text>On brownfields locations and clean fill sites;</text> </paragraph> <paragraph num="(4)"> <text>Over parking lots or roadways;</text> </paragraph> <paragraph num="(5)"> <text>On multilevel parking structures;</text> </paragraph> <paragraph num="(6)"> <text>On or over transportation or public rights-of -way;</text> </paragraph> <paragraph num="(7)"> <text>At airports;</text> </paragraph> <paragraph num="(8)"> <text>On land that:</text> <paragraph num="(a)"> <text>Was previously zoned for industrial use or is ecologically compromised; and</text> </paragraph> <paragraph num="(b)"> <text>Is not targeted for mitigation or restoration; or</text> </paragraph> </paragraph> <paragraph num="(9)"> <text>In any location if the combined capacity of all community solar energy generating systems on the same or adjacent parcel does not exceed 10 megawatts and:</text> <paragraph num="(a)"> <text>At least 75% of the aggregate capacity of the co-located community solar energy generating system serves LMI subscribers;</text> </paragraph> <paragraph num="(b)"> <text>For a site without a community solar energy generating system installed before the start of the Program, all of the community solar energy generating systems installed after the start of the Program are used for agrivoltaics; or</text> </paragraph> <paragraph num="(c)"> <text>For a site with a community solar energy generating system installed before the start of the Program, each new community solar energy generating system installed after the start of the Program is used for agrivoltaics.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".09" heading="Subscription Coordinator Requirements."> <paragraph num="A."> <text>A subscription coordinator shall apply with the Commission and obtain a Commission approval number before performing the functions of a subscription coordinator.</text> </paragraph> <paragraph num="B."> <text>A subscription coordinator shall notify the Commission of any CSEGS projects for which the coordinator is or plans on performing any functions of a subscription coordinator.</text> </paragraph> <paragraph num="C."> <text>The Commission shall make the list of subscription coordinators for which application has been made under §A of this regulation publicly available on the Commission’s website or other website approved by the Commission.</text> </paragraph> <paragraph num="D."> <text>A subscription coordinator operating solely as an authorized subscriber organization under the Pilot Program shall apply to the Commission to convert its authorization to a subscription coordinator within 180 days of the start of the Program.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Public Utilities Article, §§2-113, 2-121, 7-306, 7-306.1, and 7-306.2, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: July 18, 2016 (43:14 Md. R. 781)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02 amended effective March 21, 2022 (49:6 Md. R. 406)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02A, D amended effective March 3, 2025 (52:4 Md. R. 221)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 amended effective March 3, 2025 (52:4 Md. R. 221)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03D amended effective March 21, 2022 (49:6 Md. R. 406)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04 amended effective March 3, 2025 (52:4 Md. R. 221); March 3, 2025 (52:4 Md. R. 221)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04C amended effective June 15, 2020 (47:12 Md. R. 597)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04D amended effective March 21, 2022 (49:6 Md. R. 406)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05 amended effective March 21, 2022 (49:6 Md. R. 406); March 3, 2025 (52:4 Md. R. 221)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06B amended effective March 3, 2025 (52:4 Md. R. 221)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07 amended effective March 3, 2025 (52:4 Md. R. 221)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08 amended effective March 3, 2025 (52:4 Md. R. 221)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08A amended effective June 15, 2020 (47:12 Md. R. 597)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08B amended effective March 21, 2022 (49:6 Md. R. 406)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08D, E adopted effective March 21, 2022 (49:6 Md. R. 406)</annotation> <annotation type="History" subtype="Administrative History">Regulation .09 adopted effective March 21, 2022 (49:6 Md. R. 406)</annotation> <annotation type="History" subtype="Administrative History">Regulation .09D amended effective March 3, 2025 (52:4 Md. R. 221)</annotation> </annotations> </chapter> <chapter num="04" heading="Program Data"> <regulation prefix="Regulation" num=".01" heading="CSEGS Data."> <text>An electric company shall provide the Commission with data necessary to monitor the program status, impact on operations, and other information upon request.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Utility Data."> <paragraph num="A."> <text>An electric company shall make reasonable attempts to assist Program applicants with identifying means to locate and operate community energy generation facilities in a manner that minimizes adverse effects or maximizes distribution system benefits at locations identified by applicants.</text> </paragraph> <paragraph num="B."> <text>Project Information.</text> <paragraph num="(1)"> <text>A utility shall designate a contact person, and provide contact information on its website and for the Commission’s website for submission of all project application requests, and from whom information on the project application request process and the utility’s electric distribution system can be obtained.</text> </paragraph> <paragraph num="(2)"> <text>The information provided by the utility on its website shall include studies and other materials useful to an understanding of the feasibility of interconnecting a CSEGS on the utility electric distribution system, except to the extent providing the materials would violate security requirements or confidentiality agreements or be contrary to law.</text> </paragraph> <paragraph num="(3)"> <text>In appropriate circumstances, the utility may require an applicant to execute an appropriate confidentiality agreement prior to release or access to confidential or restricted information.</text> </paragraph> </paragraph> <paragraph num="C."> <text>An electric company shall monitor and review its distribution system to determine any adverse or beneficial effects resulting from each installed community solar energy generating system.</text> </paragraph> <paragraph num="D."> <text>An electric company shall maintain the following customer information for each project operating under the Program:</text> <paragraph num="(1)"> <text>Customer class;</text> </paragraph> <paragraph num="(2)"> <text>Annual usage;</text> </paragraph> <paragraph num="(3)"> <text>Average bill; and</text> </paragraph> <paragraph num="(4)"> <text>Peak demand.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Commission Staff shall report annually on electric companies’ billing accuracy, interconnection complaints, and consumer complaints related to the program.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Subscriber Organization Data."> <paragraph num="A."> <text>A subscriber organization shall maintain the following information for each project operating under the Program:</text> <paragraph num="(1)"> <text>Ownership information;</text> </paragraph> <paragraph num="(2)"> <text>Technical and managerial expertise;</text> </paragraph> <paragraph num="(3)"> <text>Business address;</text> </paragraph> <paragraph num="(4)"> <text>Project design details, including:</text> <paragraph num="(a)"> <text>Project location/service territory;</text> </paragraph> <paragraph num="(b)"> <text>A/C output capacity;</text> </paragraph> <paragraph num="(c)"> <text>Equipment list; and</text> </paragraph> <paragraph num="(d)"> <text>Interconnection requirements;</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>Subscriber data as directed by the Commission, including:</text> <paragraph num="(a)"> <text>Household income;</text> </paragraph> <paragraph num="(b)"> <text>Credit rating; and</text> </paragraph> <paragraph num="(c)"> <text>Other data; and</text> </paragraph> </paragraph> <paragraph num="(6)"> <text>Subscription information, including:</text> <paragraph num="(a)"> <text>Rates;</text> </paragraph> <paragraph num="(b)"> <text>Fees; and</text> </paragraph> <paragraph num="(c)"> <text>Terms and conditions.</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>A subscriber organization shall provide the information in §A of this regulation to the Commission upon request.</text> </paragraph> <paragraph num="C."> <text>A subscriber organization shall provide to the Commission, in a timely manner, information requested by the Commission concerning the operation of a community solar energy generating system.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Public Utilities Article, §§2-113, 2-121, 7-306, 7-306.1, and 7-306.2, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: July 18, 2016 (43:14 Md. R. 781)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended effective March 3, 2025 (52:4 Md. R. 221)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02A, D amended effective March 3, 2025 (52:4 Md. R. 221)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03A amended effective March 3, 2025 (52:4 Md. R. 221)</annotation> </annotations> </chapter> <chapter num="05" heading="Consumer Protection"> <regulation prefix="Regulation" num=".01" heading="Scope."> <paragraph num="A."> <text>This chapter applies to transactions between CSEGS subscriber organizations, subscription coordinators, or their respective agents and customers that are subscribing to a community solar energy generation system under the Program.</text> </paragraph> <paragraph num="B."> <text>A customer may grant authority to a subscription coordinator to act on the customer's behalf in any process required by this chapter.</text> </paragraph> <paragraph num="C."> <text>A subscription coordinator shall disclose to a subscriber its relationship with any person with whom the subscription coordinator executes a contract on behalf of a customer.</text> </paragraph> <paragraph num="D."> <text>A contract between a subscription coordinator and a customer is subject to the Commission's regulatory jurisdiction under this subtitle and COMAR 20.32.</text> </paragraph> <paragraph num="E."> <text>Regulations .08, .09, .14, .16, .17, .18, and .20 of this chapter do not apply to nonresidential customers.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Unauthorized Subscriptions."> <paragraph num="A."> <text>No person shall subscribe a customer to a community solar energy generation system without the customer’s consent.</text> </paragraph> <paragraph num="B."> <text>A subscriber organization may not add a new charge for a new service, existing service, or service option without first obtaining consent from the customer, verifiable to the same extent and using the same methods specified under Regulation .08 of this chapter.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Advertising and Solicitations."> <paragraph num="A."> <text>Advertising Permitted.</text> <paragraph num="(1)"> <text>A subscriber organization or subscription coordinator may advertise its services.</text> </paragraph> <paragraph num="(2)"> <text>A subscriber organization, a subscription coordinator, or their agent may not engage in a marketing or trade practice that is unfair, false, misleading, or deceptive.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Marketing Disclosures.</text> <paragraph num="(1)"> <text>A subscriber organization’s, a subscription coordinator’s, or their agent’s marketing or solicitation information shall include the subscriber organization’s or subscription coordinator’s Maryland approval number in a clear and conspicuous manner.</text> </paragraph> <paragraph num="(2)"> <text>If a subscription price is quoted, the following are required:</text> <paragraph num="(a)"> <text>A statement that the subscription price quoted is only for the specified product or services provided by the subscriber organization or subscription coordinator, and the subscription price quoted does not include any tax, commodity, utility distribution or transmission charge, or other utility fee or charge;</text> </paragraph> <paragraph num="(b)"> <text>A statement that the subscriber organization’s or subscription coordinator’s price is not regulated by the Commission; and</text> </paragraph> <paragraph num="(c)"> <text>Any projected savings presented to a potential subscriber shall include a comparison that projects future electricity rates increasing at not more than 1 percent per year.</text> </paragraph> </paragraph> </paragraph> <paragraph num="C."> <text>Internet Advertising. If a subscriber organization, a subscription coordinator, or their agent maintains a website, the subscriber organization, the subscription coordinator, or their agent shall post on the Internet readily understandable information about its services, prices, and any other mandated disclosures.</text> </paragraph> <paragraph num="D."> <text>Telephone Solicitation.</text> <paragraph num="(1)"> <text>A subscriber organization, subscription coordinator, or their agent soliciting customers by telephone shall comply with all applicable State and federal law, including the Maryland Telephone Solicitations Act, Commercial Law Article, §§14-2201—14-2205, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(2)"> <text>A subscriber organization, a subscription coordinator, or their agent may not conduct a residential customer telephone solicitation before 8 a.m. or after 9 p.m.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Creditworthiness."> <text>A subscriber organization or subscription coordinator shall apply uniform income, security deposit, and credit standards for the purpose of making a decision as to whether to offer a subscription to customers within a given class, provided that the subscriber organization may apply separate sets of uniform standards for the purpose of promoting participation by low-income and moderate-income retail electric customers.</text> </regulation> <regulation prefix="Regulation" num=".05" heading="Geographic Marketing."> <paragraph num="A."> <text>A subscriber organization or subscription coordinator may market services on a geographic basis.</text> </paragraph> <paragraph num="B."> <text>A subscriber organization or subscription coordinator is not required to offer services throughout an electric company’s entire service territory.</text> </paragraph> <paragraph num="C."> <text>A subscriber organization or subscription coordinator may not refuse to provide service to a customer based on the economic character of a geographic area or the collective credit reputation of the area.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Discrimination Prohibited."> <paragraph num="A."> <text>A subscriber organization or subscription coordinator may not discriminate against any customer, based wholly or partly, on race, color, creed, national origin, or gender of an applicant for service or for any arbitrary, capricious, or unfairly discriminatory reason.</text> </paragraph> <paragraph num="B."> <text>A subscriber organization or subscription coordinator may not refuse to provide service to a customer except by the application of standards that are reasonably related to the subscriber organization’s economic and business purposes.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Required Disclosures."> <paragraph num="A."> <text>Contract Summary.</text> <paragraph num="(1)"> <text>Either prior to or at the same time as a contract for a subscription to a CSEGS or authority to act per COMAR Regulation .01B of this chapter is executed, a subscriber organization or a subscription coordinator shall present the customer with a completed Contract Summary Disclosure using a form that is approved by the Commission.</text> </paragraph> <paragraph num="(2)"> <text>The customer shall initial a copy of the Contract Summary Disclosure to acknowledge receipt of the Contract Summary, and:</text> <paragraph num="(a)"> <text>If a subscription contract is completed through the Internet, the completed Contract Summary shall be:</text> <paragraph num="(i)"> <text>Available online and made available for download by the customer at the time of contracting; and</text> </paragraph> <paragraph num="(ii)"> <text>Transmitted to the customer by the subscriber organization by mail or by email if the customer consents to receipt of email disclosures; and</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>Whether a subscription contract is completed in person or electronically, a subscriber organization shall allow the subscriber to retain a signed version of the executed contract and an initialed version of the Contract Summary Disclosure form.</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>Notice of Subscription.</text> <paragraph num="(1)"> <text>A subscriber organization shall provide notice of subscription of a customer to a utility in a format consistent with Commission Orders.</text> </paragraph> <paragraph num="(2)"> <text>A customer entering into an agreement with a subscriber organization shall receive written notice of enrollment from the subscriber organization and the electric company.</text> </paragraph> <paragraph num="(3)"> <text>Notice of enrollment under §B(1) of this regulation shall include the following:</text> <paragraph num="(a)"> <text>Customer name;</text> </paragraph> <paragraph num="(b)"> <text>Customer service address;</text> </paragraph> <paragraph num="(c)"> <text>Billing name;</text> </paragraph> <paragraph num="(d)"> <text>Billing address;</text> </paragraph> <paragraph num="(e)"> <text>Utility name;</text> </paragraph> <paragraph num="(f)"> <text>Utility account number;</text> </paragraph> <paragraph num="(g)"> <text>Subscriber organization name;</text> </paragraph> <paragraph num="(h)"> <text>Subscriber organization account number; and</text> </paragraph> <paragraph num="(i)"> <text>Effective date of the enrollment.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Contracts for Customer Subscription in a Community Solar Energy Generation System."> <paragraph num="A."> <text>Minimum Contract Requirements.</text> <paragraph num="(1)"> <text>A subscribing organization’s subscription contract shall contain all material terms and conditions, including:</text> <paragraph num="(a)"> <text>A plain language disclosure of the subscription, including:</text> <paragraph num="(i)"> <text>The terms under which the pricing will be calculated over the life of the contract and a good faith estimate of the subscription price expressed as a flat monthly rate or on a per-kilowatt-hour basis; and</text> </paragraph> <paragraph num="(ii)"> <text>Whether any charges may increase during the course of service, and, if so, how much advance notice is provided to the subscriber;</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>Contract provisions regulating the disposition or transfer of a subscription to the CSEGS, as well as the costs or potential costs associated with such a disposition or transfer;</text> </paragraph> <paragraph num="(c)"> <text>All nonrecurring (one-time) charges;</text> </paragraph> <paragraph num="(d)"> <text>All recurring (monthly, yearly) charges;</text> </paragraph> <paragraph num="(e)"> <text>A statement of contract duration, including the initial time period and any rollover provision;</text> </paragraph> <paragraph num="(f)"> <text>Terms and conditions for early termination, including:</text> <paragraph num="(i)"> <text>Any penalties that the subscriber organization may charge to the subscriber; and</text> </paragraph> <paragraph num="(ii)"> <text>The process for unsubscribing and any associated costs;</text> </paragraph> </paragraph> <paragraph num="(g)"> <text>If a security deposit is required:</text> <paragraph num="(i)"> <text>The amount of the security deposit;</text> </paragraph> <paragraph num="(ii)"> <text>A description of when and under what circumstances the security deposit will be returned;</text> </paragraph> <paragraph num="(iii)"> <text>A description of how the security deposit may be used; and</text> </paragraph> <paragraph num="(iv)"> <text>A description of how the security deposit will be protected;</text> </paragraph> </paragraph> <paragraph num="(h)"> <text>A description of any fee or charge and the circumstances under which a customer may incur a fee or charge;</text> </paragraph> <paragraph num="(i)"> <text>A statement that the subscriber organization may terminate the contract early, including:</text> <paragraph num="(i)"> <text>Circumstances under which early cancellation by the subscriber organization may occur;</text> </paragraph> <paragraph num="(ii)"> <text>Manner in which the subscriber organization shall notify the customer of the early cancellation of the contract;</text> </paragraph> <paragraph num="(iii)"> <text>Duration of the notice period before early cancellation; and</text> </paragraph> <paragraph num="(iv)"> <text>Remedies available to the customer if early cancellation occurs;</text> </paragraph> </paragraph> <paragraph num="(j)"> <text>A statement that the customer may terminate the contract early, including:</text> <paragraph num="(i)"> <text>Circumstances under which early cancellation by the customer may occur;</text> </paragraph> <paragraph num="(ii)"> <text>Manner in which the customer shall notify the subscriber organization of the early cancellation of the contract;</text> </paragraph> <paragraph num="(iii)"> <text>Duration of the notice period before early cancellation;</text> </paragraph> <paragraph num="(iv)"> <text>Remedies available to the subscriber organization if early cancellation occurs; and</text> </paragraph> <paragraph num="(v)"> <text>Amount of any early cancellation fee;</text> </paragraph> </paragraph> <paragraph num="(k)"> <text>A statement describing contract renewal procedures, if any;</text> </paragraph> <paragraph num="(l)"> <text>A dispute procedure;</text> </paragraph> <paragraph num="(m)"> <text>The Commission’s toll-free number and Internet address;</text> </paragraph> <paragraph num="(n)"> <text>A notice that the contract does not include utility charges;</text> </paragraph> <paragraph num="(o)"> <text>A billing procedure description;</text> </paragraph> <paragraph num="(p)"> <text>The data privacy policies of the subscriber organization;</text> </paragraph> <paragraph num="(q)"> <text>A description of any compensation to be paid for underperformance;</text> </paragraph> <paragraph num="(r)"> <text>Evidence of insurance;</text> </paragraph> <paragraph num="(s)"> <text>A long-term maintenance plan;</text> </paragraph> <paragraph num="(t)"> <text>Current production projections and a description of the methodology used to develop production projections;</text> </paragraph> <paragraph num="(u)"> <text>Contact information for the subscriber organization for questions and complaints;</text> </paragraph> <paragraph num="(v)"> <text>A statement that the subscriber organization and electric company do not make representations or warranties concerning the tax implications of any bill credits provided to the subscriber;</text> </paragraph> <paragraph num="(w)"> <text>The method of providing notice to the subscribers when the CSEGS is out of service for more than 3 business days, including notice of:</text> <paragraph num="(i)"> <text>The estimated duration of the outage; and</text> </paragraph> <paragraph num="(ii)"> <text>The estimated production that will be lost due to the outage;</text> </paragraph> </paragraph> <paragraph num="(x)"> <text>An explanation of how unsubscribed production of the CSEGS will be allocated; and</text> </paragraph> <paragraph num="(y)"> <text>Any other terms and conditions of service.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>A residential customer may downsize the allocation of solar kilowatt hours under an existing CSEGS Subscription.</text> </paragraph> <paragraph num="(3)"> <text>A subscriber organization may charge or collect no more than a reasonable fee for the downsizing of a subscriber’s allocation.</text> </paragraph> <paragraph num="(4)"> <text>A subscription coordinator may not charge or collect a termination fee for the downsizing or cancellation of a subscriber’s allocation.</text> </paragraph> <paragraph num="(5)"> <text>A subscription coordinator may only enroll subscribers in CSEGS contracts that guarantee financial savings for the subscriber.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Methods of Contracting.</text> <paragraph num="(1)"> <text>A subscriber organization may not subscribe a residential customer using a process that does not require the customer’s consent.</text> </paragraph> <paragraph num="(2)"> <text>A subscriber organization that contracts with a customer by means of the Internet shall:</text> <paragraph num="(a)"> <text>Confirm the identity of the person making the contract;</text> </paragraph> <paragraph num="(b)"> <text>Comply with applicable Maryland and federal law; and</text> </paragraph> <paragraph num="(c)"> <text>Take appropriate steps to safeguard customer privacy.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>A subscriber organization that sends a contract over the Internet to a valid email address of the contracting customer is considered to have complied with §B(2)(a) of this regulation.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Evergreen Contracts.</text> <paragraph num="(1)"> <text>A subscriber organization shall provide a customer with a notice of the pending renewal of an evergreen contract 30 days before the automatic renewal is scheduled to occur.</text> </paragraph> <paragraph num="(2)"> <text>The subscriber organization notice required under §C(1) of this regulation shall:</text> <paragraph num="(a)"> <text>Provide a clearly stated and highlighted notice to a customer of any changes in the material terms and conditions of the agreement; and</text> </paragraph> <paragraph num="(b)"> <text>Inform the customer how to terminate the contract without penalty.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".09" heading="Share Transfers and Portability."> <paragraph num="A."> <text>A CSEGS Subscription may be transferred or assigned to a CSEGS subscriber organization or to any person or entity who qualifies to be a subscriber in the CSEGS.</text> </paragraph> <paragraph num="B."> <text>A CSEGS subscriber who desires to transfer or assign all or part of his subscription to the CSEGS subscriber organization, in its own name, or to become unsubscribed shall notify the CSEGS subscriber organization and the transfer of the subscription to the CSEGS subscriber organization shall be effective upon such notification, unless the CSEGS subscriber specifies a later effective date.</text> </paragraph> <paragraph num="C."> <text>A CSEGS subscriber who desires to transfer or assign all or part of his subscription to another eligible customer desiring to purchase a subscription may do so only in compliance with the terms and conditions of the subscription and will be effective in accordance therewith.</text> </paragraph> <paragraph num="D."> <text>The CSEGS subscriber organization and the electric company shall jointly verify that each CSEGS subscriber is eligible to be a subscriber in the CSEGS under Public Utilities Article, §7-306.2, Annotated Code of Maryland. Changes in the subscriber rolls of the CSEGS, including the effective date of changes, shall be communicated by the CSEGS subscriber organization to the electric company, in written or electronic form, as soon as practicable but no less than 30 days.</text> </paragraph> <paragraph num="E."> <text>Prices paid for subscriptions in a CSEGS may not be subject to regulation by the Commission.</text> </paragraph> <paragraph num="F."> <text>A subscriber that moves to a premise located within the service territory served by the CSEGS may change the premises to which the CSEGS electricity generation shall be attributed to the new premise, and a subscriber organization may not charge an unreasonable transfer fee to such a customer.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".10" heading="Disclosure of Subscriber Information."> <paragraph num="A."> <text>Except as provided in COMAR 20.62.04 and §B of this regulation, a subscriber organization may not disclose energy usage or personally identifiable information about a subscriber, or a subscriber’s billing, payment, and credit information, without the subscriber’s consent.</text> </paragraph> <paragraph num="B."> <text>A subscriber organization may disclose a subscriber’s billing, payment, and credit information for the sole purpose of facilitating billing, bill collection, and credit reporting.</text> </paragraph> <paragraph num="C."> <text>A subscriber organization shall provide a customer with a copy of the subscriber organization’s customer information privacy policy.</text> </paragraph> <paragraph num="D."> <text>A subscriber organization shall treat information received from prospective customers, including those who do not subscribe, in accordance with §§A and C of this regulation.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".11" heading="Escrow of Prepaid Subscription Fees."> <text>Subscriber funds collected by the CSEGS subscriber organization in advance of commercial operation of the CSEGS shall be held in an escrow account in a manner approved by the Commission. The escrow shall be maintained by its terms until such time as the CSEGS commences commercial operation as certified by the electric company’s acceptance of energy from the CSEGS.</text> </regulation> <regulation prefix="Regulation" num=".12" heading="Notice of Contract Expiration or Cancellation."> <paragraph num="A."> <text>A CSEGS subscriber organization shall provide the customer with notice at least 30 days before expiration or cancellation of a subscription contract.</text> </paragraph> <paragraph num="B."> <text>Contents of Notice. The subscriber organization’s expiration or cancellation notice required under §A of this regulation shall include:</text> <paragraph num="(1)"> <text>Final bill payment instructions; and</text> </paragraph> <paragraph num="(2)"> <text>The toll-free telephone number and the website address of the subscriber organization and the Commission.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Early Cancellation.</text> <paragraph num="(1)"> <text>Notice of early cancellation by the subscriber organization shall comply with §B of this regulation.</text> </paragraph> <paragraph num="(2)"> <text>Early Cancellation Fee.</text> <paragraph num="(a)"> <text>A subscriber organization may impose a reasonable early cancellation fee if a customer cancels the contract before the expiration date.</text> </paragraph> <paragraph num="(b)"> <text>A subscriber organization may deduct a cancellation fee from a customer deposit.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Except as provided in a tariff regarding subscriber organization default, an electric company may remove a customer from subscriber organization services only if directed by a subscriber organization, subject to applicable bankruptcy law.</text> </paragraph> <paragraph num="(4)"> <text>When a subscriber organization contracts with a customer, the newly contracting subscriber organization shall notify the customer that the customer may incur early cancellation penalties under a current subscriber organization contract.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".13" heading="Assignment of Subscription Contract."> <paragraph num="A."> <text>At least 30 days prior to the effective date of any assignment or transfer of a subscription contract from one subscriber organization to another, the subscriber organizations shall jointly provide written notice of the assignment or transfer to the customers of the subscriber organization, the Commission, the electric company, and the Office of People’s Counsel.</text> <paragraph num="(1)"> <text>Notice to Customer. The subscriber organizations shall jointly send notice to the customer informing them of the assignment or transfer. The letter shall include:</text> <paragraph num="(a)"> <text>A description of the transaction in clear and concise language including the effective date of the assignment or transfer;</text> </paragraph> <paragraph num="(b)"> <text>Customer service contact information for the assignee; and</text> </paragraph> <paragraph num="(c)"> <text>A statement that the terms and conditions of the customer’s contract at the time of assignment shall remain the same for the remainder of the contract term.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>The subscriber organizations shall file a notice with the Commission, with a copy to the Office of People’s Counsel and the electric company, of the assignment or transfer of the customer contracts and include a copy of the letter sent to customers.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Upon request by the Commission, the assignee shall be responsible for providing documents and records related to the assigned contracts. Records shall be maintained for a period of 3 years or until the contracts are expired, whichever is longer.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".14" heading="Subscription Disputes."> <paragraph num="A."> <text>A customer alleging a violation of this subtitle may file a dispute with the Commission’s Consumer Affairs Division.</text> </paragraph> <paragraph num="B."> <text>Upon proof of the allegations, the customer’s remedy through the Consumer Affairs Division is limited to a refund of any overcharge and any fees or penalties paid by the customer as a result of the unauthorized subscription or other violation.</text> </paragraph> <paragraph num="C."> <text>This subtitle does not limit:</text> <paragraph num="(1)"> <text>The authority of the Commission under Public Utilities Article, Annotated Code of Maryland;</text> </paragraph> <paragraph num="(2)"> <text>The authority of the Attorney General to investigate violations of consumer protection or other legal requirements; or</text> </paragraph> <paragraph num="(3)"> <text>The ability of a customer to pursue other relief against a subscriber organization or other party.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".15" heading="Subscriber Organizations Responsible for the Actions of Its Agents or Subscription Coordinators."> <paragraph num="A."> <text>A subscriber organization may use an agent or subscription coordinator to conduct marketing or sales activities.</text> </paragraph> <paragraph num="B."> <text>A subscriber organization is responsible for any fraudulent, deceptive, or other unlawful marketing performed by its agent or subscription coordinator while marketing or selling subscriptions on behalf of the subscriber organization.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".16" heading="Agent Qualifications and Standards."> <paragraph num="A."> <text>A subscriber organization or subscription coordinator shall develop standards and qualifications for individuals it chooses to hire as its agents. A subscriber organization or subscription coordinator may not hire an individual that fails to meet its standards.</text> </paragraph> <paragraph num="B."> <text>A subscriber organization or subscription coordinator may not permit a person to conduct door-to-door activities until it has obtained and reviewed a criminal history record in the same manner as provided in COMAR 20.53.08.</text> </paragraph> <paragraph num="C."> <text>When a subscriber organization or subscription coordinator contracts with an independent contractor or vendor to perform door-to-door activities, the subscriber organization or subscription coordinator shall document that the contractor or vendor has performed criminal background investigations on an agent in accordance with this regulation and with the standards set by the subscriber organization or subscription coordinator. A subscriber organization or subscription coordinator may satisfy this requirement by obtaining from the independent contractor or vendor a written statement affirming that the criminal background check was performed by them or under their supervision in accordance with this regulation and with standards set by the subscriber organization or subscription coordinator and presented in writing.</text> </paragraph> <paragraph num="D."> <text>A subscriber organization or subscription coordinator shall periodically audit whether the background checks completed by its independent contractor or vendor have been completed in accordance with this regulation.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".17" heading="Agent Training."> <paragraph num="A."> <text>A subscriber organization or subscription coordinator shall ensure the training of its agents on the following subjects:</text> <paragraph num="(1)"> <text>Local, State and federal laws and regulations that govern marketing, telemarketing, consumer protection, and door-to-door sales as applicable to the types of marketing and jurisdiction in which the agent shall engage or operate;</text> </paragraph> <paragraph num="(2)"> <text>Responsible and ethical sales practices;</text> </paragraph> <paragraph num="(3)"> <text>The subscriber organization’s products and services;</text> </paragraph> <paragraph num="(4)"> <text>The subscriber organization’s or subscription coordinator’s rates, rate structures, and payment options;</text> </paragraph> <paragraph num="(5)"> <text>The customer’s right to rescind and cancel contracts;</text> </paragraph> <paragraph num="(6)"> <text>The applicability of an early termination fee for contract cancellation when the subscriber organization has one;</text> </paragraph> <paragraph num="(7)"> <text>The necessity of adhering to the script and knowledge of the contents of the script if one is used;</text> </paragraph> <paragraph num="(8)"> <text>The proper completion of transaction documents;</text> </paragraph> <paragraph num="(9)"> <text>The subscriber organization’s or subscription coordinator’s Contract Summary Disclosure;</text> </paragraph> <paragraph num="(10)"> <text>Information about how customers may contact the subscriber organization or subscription coordinator to obtain information about billing, disputes, and complaints; and</text> </paragraph> <paragraph num="(11)"> <text>The confidentiality and protection of customer information.</text> </paragraph> </paragraph> <paragraph num="B."> <text>A subscriber organization or subscription coordinator shall document the training of an agent and maintain a record of the training for 3 years from the date the training was completed.</text> </paragraph> <paragraph num="C."> <text>A subscriber organization or subscription coordinator shall make training materials and training records available to the Commission and the Office of People’s Counsel upon request. Any such material shall be treated as confidential.</text> </paragraph> <paragraph num="D."> <text>When a subscriber organization or subscription coordinator contracts with an independent contractor to perform marketing or sales activities on the subscriber organization’s or subscription coordinator’s behalf, the subscriber organization or subscription coordinator shall confirm that the contractor or vendor has provided subscriber organization-approved training to agents and independent contractors in accordance with this section.</text> </paragraph> <paragraph num="E."> <text>The subscriber organization or subscription coordinator shall monitor telephonic and door-to-door marketing and sales calls to:</text> <paragraph num="(1)"> <text>Evaluate the subscriber organization’s or subscription coordinator’s training program; and</text> </paragraph> <paragraph num="(2)"> <text>Ensure that agents are providing accurate and complete information, complying with applicable rules and regulations and providing courteous service to customers.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".18" heading="Agent Identification and Misrepresentation."> <paragraph num="A."> <text>A subscriber organization or subscription coordinator shall issue an identification badge to agents to be worn and prominently displayed when conducting door-to-door activities or appearing at public events on behalf of a subscriber organization or subscription coordinator. The badge shall:</text> <paragraph num="(1)"> <text>Accurately identify the subscriber organization or subscription coordinator, its trade name, and its logo;</text> </paragraph> <paragraph num="(2)"> <text>Display the agent’s photograph;</text> </paragraph> <paragraph num="(3)"> <text>Display the agent’s full name; and</text> </paragraph> <paragraph num="(4)"> <text>Display a customer service phone number for the subscriber organization or subscription coordinator.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Upon first contact with a customer, an agent shall:</text> <paragraph num="(1)"> <text>Identify the subscriber organization or subscription coordinator that the agent represents; and</text> </paragraph> <paragraph num="(2)"> <text>State that the agent is not working for and is independent of the customer’s local distribution company or another subscriber organization or subscription coordinator.</text> </paragraph> </paragraph> <paragraph num="C."> <text>When conducting door-to-door activities or appearing at a public event, an agent may not wear apparel or accessories or carry equipment that contains branding elements, including a logo that suggests a relationship that does not exist with a utility, government agency, or another subscriber organization or subscription coordinator.</text> </paragraph> <paragraph num="D."> <text>A subscriber organization or subscription coordinator may not use the name, bills, marketing materials, or consumer education materials of another.</text> </paragraph> <paragraph num="E."> <text>A subscriber organization or subscription coordinator agent may not say or suggest to a customer that a utility customer is required to choose a CSEGS subscriber organization.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".19" heading="Door-to-Door Sales."> <paragraph num="A."> <text>A subscriber organization or subscription coordinator and its agents shall comply with the Maryland Door-to-Door Sales Act, local government ordinances regarding door-to-door marketing and sales activities, and any other applicable consumer protection law.</text> </paragraph> <paragraph num="B."> <text>A subscriber organization’s or subscription coordinator’s agent shall:</text> <paragraph num="(1)"> <text>Prominently display an identification badge; and</text> </paragraph> <paragraph num="(2)"> <text>Offer a business card or other material that lists:</text> <paragraph num="(a)"> <text>The subscriber organization’s or subscription coordinator’s name and contact information, including telephone number;</text> </paragraph> <paragraph num="(b)"> <text>The Maryland approval number of the subscriber organization’s CSEGS project or for subscription coordinators the CSEGS project the subscription coordinator is affiliated with and the subscription coordinator’s Commission approval number; and</text> </paragraph> <paragraph num="(c)"> <text>The agent’s name and any other identification numbers provided to the sales agent by the subscriber organization or agent.</text> </paragraph> </paragraph> </paragraph> <paragraph num="C."> <text>A subscriber organization or subscription coordinator shall establish a policy that requires an agent to terminate contact with a customer if the customer is incapable of understanding and responding to the information being conveyed by the agent.</text> </paragraph> <paragraph num="D."> <text>When an agent completes a transaction with a customer, the agent shall provide a copy of each document that the customer signed or initialed relating to the transaction. A copy of these documents shall be provided to the customer before the agent and the customer leave each other’s presence.</text> </paragraph> <paragraph num="E."> <text>An agent shall immediately leave a residence when requested to do so by a customer or the owner or an occupant of the premises, or if the customer does not express an interest in what the agent is attempting to sell.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".20" heading="Notifications Regarding Door-to-Door Activity."> <paragraph num="A."> <text>When a subscriber organization or subscription coordinator engages in door-to-door activity, the subscriber organization or subscription coordinator shall notify CAD no later than the morning of the day that the activity begins. The notification shall include general, nonproprietary information about the activity, the period involved, and a general description of the geographical area.</text> </paragraph> <paragraph num="B."> <text>A subscriber organization or subscription coordinator shall provide the utility with general, nonproprietary information about the door-to-door activity that caused the subscriber organization or subscription coordinator to provide notice to the Commission. The subscriber organization or subscription coordinator shall provide this general information to the utility no later than the morning of the day that the sales and marketing activities begin. The utility shall use this information only for acquainting its customer service representatives with sales and marketing activity occurring in its service territory so that they may address customer inquiries knowledgably. A utility may not use the information for other purposes.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Public Utilities Article, §§2-113, 2-121, 7-306, 7-306.1, and 7-306.2, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: July 18, 2016 (43:14 Md. R. 781)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended effective March 21, 2022 (49:6 Md. R. 406)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01A amended effective March 3, 2025 (52:4 Md. R. 221)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 amended effective March 21, 2022 (49:6 Md. R. 406)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04 amended effective March 21, 2022 (49:6 Md. R. 406)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05 amended effective March 21, 2022 (49:6 Md. R. 406)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06 amended effective March 21, 2022 (49:6 Md. R. 406)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07A amended effective March 21, 2022 (49:6 Md. R. 406)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08A amended effective March 21, 2022 (49:6 Md. R. 406)</annotation> <annotation type="History" subtype="Administrative History">Regulation .15 amended effective March 21, 2022 (49:6 Md. R. 406)</annotation> <annotation type="History" subtype="Administrative History">Regulation .16 amended effective March 21, 2022 (49:6 Md. R. 406)</annotation> <annotation type="History" subtype="Administrative History">Regulation .17 amended effective March 21, 2022 (49:6 Md. R. 406)</annotation> <annotation type="History" subtype="Administrative History">Regulation .18 amended effective March 21, 2022 (49:6 Md. R. 406)</annotation> <annotation type="History" subtype="Administrative History">Regulation .19 amended effective March 21, 2022 (49:6 Md. R. 406)</annotation> <annotation type="History" subtype="Administrative History">Regulation .20 amended effective March 21, 2022 (49:6 Md. R. 406)</annotation> </annotations> </chapter> <chapter num="06" heading="Consolidated Billing"> <regulation prefix="Regulation" num=".01" heading="Scope."> <text>This chapter is applicable to electric companies, subscriber organizations, subscription coordinators, and subscribers participating in consolidated billing.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Administrative fee” means a fee that is charged by an electric company to a subscriber organization or subscription coordinator that has elected to use consolidated billing.</text> </paragraph> <paragraph num="(2)"> <text>“Consolidated billing” has the meaning stated in Public Utilities Article, §7-306.2, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(3)"> <text>“Net bill credit” means the remaining credit on a bill rendered by an electric company for electric service to a subscriber that is participating in consolidated billing.</text> </paragraph> <paragraph num="(4)"> <text>“Savings rate” means a percentage set by a subscriber organization or subscription coordinator for a subscriber which represents the discount to the subscriber’s energy charges provided by the subscribed energy.</text> </paragraph> <paragraph num="(5)"> <text>“Subscription charge” means an amount charged by a subscriber organization or subscription coordinator to a subscriber in exchange for subscribed energy.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Utility Implementation."> <paragraph num="A."> <text>An electric company subject to this subtitle shall file a tariff with the Commission to implement consolidated billing for the program.</text> </paragraph> <paragraph num="B."> <text>An electric company shall implement consolidated billing as required by this chapter no later than January 1, 2026.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Community Solar Consolidated Billing Requirements."> <paragraph num="A."> <text>A subscriber organization or subscription coordinator associated with a CSEGS may elect to participate in consolidated billing for the following:</text> <paragraph num="(1)"> <text>One or more accounts subscribed to the CSEGS; or</text> </paragraph> <paragraph num="(2)"> <text>All the accounts subscribed to the CSEGS.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Savings Rate.</text> <paragraph num="(1)"> <text>Savings Rate Data.</text> <paragraph num="(a)"> <text>A subscriber organization or subscription coordinator shall include in the subscriber list provided for a CSEGS under COMAR 20.62.02.04A, a savings rate for each subscriber’s account.</text> </paragraph> <paragraph num="(b)"> <text>For savings rate minimum precision, an electric company shall calculate an account’s net bill credit using a savings rate with precision up to .01 percentage points.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>For a non-LMI subscriber that is participating in consolidated billing, a subscriber organization or subscription coordinator shall set a percentage savings rate that is greater than or equal to zero.</text> </paragraph> <paragraph num="(3)"> <text>For an LMI subscriber that is participating in consolidated billing, a subscriber organization or subscription coordinator shall set a percentage savings rate that is greater than or equal to 10 percent.</text> </paragraph> <paragraph num="(4)"> <text>A subscriber organization or subscription coordinator may set a unique savings rate for each account subscribed to a CSEGS.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Application of the Net Bill Credit.</text> <paragraph num="(1)"> <text>Saving Rate Updates to the Subscriber List.</text> <paragraph num="(a)"> <text>When calculating a net bill credit, an electric company shall use the savings rate information provided by a subscriber organization or subscription coordinator under §B of this regulation.</text> </paragraph> <paragraph num="(b)"> <text>An electric company shall apply updated savings rate information no later than the first full billing cycle for the subscriber’s account that occurs after receiving the information.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Calculation of Credits and Charges.</text> <paragraph num="(a)"> <text>An electric company shall calculate the dollar amount of the net bill credit for a subscriber’s account by multiplying the savings rate by the dollar value of the subscription credit during the billing period.</text> </paragraph> <paragraph num="(b)"> <text>An electric company shall calculate the dollar amount of the subscription charge by subtracting the net bill credit from the dollar value of the subscription credit during the billing period.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>An electric company shall deduct a subscriber’s net bill credit from the monthly electric energy charges due.</text> </paragraph> <paragraph num="(4)"> <text>For a subscriber on budget billing, an electric company shall deduct a subscriber’s net bill credit from the subscriber’s monthly budget bill amount due.</text> </paragraph> <paragraph num="(5)"> <text>Subscription Billing. For each billing period in which a subscriber is enrolled in consolidated billing, the electric company shall include the following on the subscriber’s bill for electric service:</text> <paragraph num="(a)"> <text>The dollar value of the subscription credit during the billing period;</text> </paragraph> <paragraph num="(b)"> <text>Amount of any accrued virtual net excess generation in kilowatt-hours applied to or used in the calculation of the subscription credit applied during the billing period;</text> </paragraph> <paragraph num="(c)"> <text>The savings rate as specified by the subscriber organization or subscription coordinator under §B of this regulation;</text> </paragraph> <paragraph num="(d)"> <text>The subscription charge in dollars;</text> </paragraph> <paragraph num="(e)"> <text>The net bill credit in dollars applied under §C(3) of this regulation; and</text> </paragraph> <paragraph num="(f)"> <text>Any accrued virtual net excess generation credits in kilowatt-hours which remain banked on the subscriber’s account to be applied in a future billing period.</text> </paragraph> </paragraph> <paragraph num="(6)"> <text>An electric company shall, on a subscriber’s electricity bill, label the subscription components in §C(5) of this regulation as being associated with the subscriber’s community solar subscription.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Remittance of Subscription Charges.</text> <paragraph num="(1)"> <text>Monthly Remittance. For each month that an account is subscribed to the CSEGS, an electric company shall remit to a subscriber organization or subscription coordinator of a CSEGS an amount equal to the subscription charge less the administrative fee.</text> </paragraph> <paragraph num="(2)"> <text>Annual Excess Generation Payouts. For annual virtual net excess generation payments pursuant to COMAR 20.62.02.07B, an electric company shall remit to a subscriber organization or subscription coordinator of a CSEGS an amount equal to the excess generation payment less the savings rate and administrative fee.</text> </paragraph> <paragraph num="(3)"> <text>Account Closing Excess Generation Payouts. An electric company shall remit to a subscriber organization or subscription coordinator of a CSEGS an amount equal to the excess generation payment less the savings rate and administrative fee.</text> </paragraph> <paragraph num="(4)"> <text>Cancelled Subscription Excess Generation Payouts. When a cancelled subscription results in a payout of excess generation, an electric company shall remit to a subscriber organization or subscription coordinator of a CSEGS an amount equal to the excess generation payment less the savings rate and administrative fee.</text> </paragraph> <paragraph num="(5)"> <text>Remittance Deadlines.</text> <paragraph num="(a)"> <text>An electric company shall remit the amount in §§D(1) and (2) of this regulation no later than 60 calendar days from the date on which the electric company determines the most recent energy reading from the CSEGS.</text> </paragraph> <paragraph num="(b)"> <text>The remittance period in §D(5)(a) of this regulation may be extended on a day for day basis until all accounts in a billing cycle are rendered.</text> </paragraph> <paragraph num="(c)"> <text>An electric company shall propose tariff language to address the situation where the remittance is not provided within 90 days.</text> </paragraph> </paragraph> <paragraph num="(6)"> <text>An electric company shall make a payment required under §D(1) of this regulation to a subscriber organization or subscription coordinator through:</text> <paragraph num="(a)"> <text>Electronic fund transfer; or</text> </paragraph> <paragraph num="(b)"> <text>Another payment method mutually agreed upon by both the subscriber organization or subscription coordinator and the electric company.</text> </paragraph> </paragraph> <paragraph num="(7)"> <text>An electric company shall propose an administrative fee in tariffs filed in accordance with the requirements of Public Utilities Article, §7-306.2(g)(2), Annotated Code of Maryland.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Net Credit Billing Reporting.</text> <paragraph num="(1)"> <text>An electric company which provides consolidated billing under this regulation shall provide a subscriber organization or subscription coordinator with a report detailing each subscriber’s net credited amounts.</text> </paragraph> <paragraph num="(2)"> <text>An electric company shall provide the report described in §E(1) of this regulation no later than 60 days after the CSEGS meter reading by the electric company.</text> </paragraph> <paragraph num="(3)"> <text>The reports required by §E(1) of this regulation shall include the following items for each subscriber’s account:</text> <paragraph num="(a)"> <text>Billing information provided under COMAR 20.62.02.04G;</text> </paragraph> <paragraph num="(b)"> <text>Subscription charge for the billing period;</text> </paragraph> <paragraph num="(c)"> <text>Administrative fee due;</text> </paragraph> <paragraph num="(d)"> <text>Net credit amount allocation for the period;</text> </paragraph> <paragraph num="(e)"> <text>Virtual net excess generation generated in the billing period; and</text> </paragraph> <paragraph num="(f)"> <text>Cumulative virtual net excess generation carried forward to the next billing period.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>For a subscriber organization or subscription coordinator that uses consolidated billing, an electric company may combine the report required under §E(1) of this regulation with the report required by COMAR 20.62.02.04G.</text> </paragraph> <paragraph num="(5)"> <text>Bill Credit Record Retention. An electric company shall retain a record of bill credits applied to each subscriber’s account for a period of 7 years.</text> </paragraph> <paragraph num="(6)"> <text>An electric company may provide the administrative fee information described in §E(3)(c) of this regulation in aggregate by CSEGS.</text> </paragraph> </paragraph> <paragraph num="F."> <text>Consolidated Billing Error Reporting.</text> <paragraph num="(1)"> <text>An electric company shall report a summary of errors in the reports described in §E(1) of this regulation for each calendar year.</text> </paragraph> <paragraph num="(2)"> <text>Reporting Date. An electric company shall file reports as described in §F(1) of this regulation by April 1 of each year unless otherwise directed by the Commission.</text> </paragraph> </paragraph> </regulation> <annotations> <annotation type="Authority">Public Utilities Article, §§2-113, 2-121, 7-306, 7-306.1, and 7-306.2, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: October 27, 2025 (52:21 Md. R. 1026)</annotation> </annotations> </chapter> </subtitle> <subtitle num="63" heading="Community Choice Aggregation"> <chapter num="01" heading="General"> <regulation prefix="Regulation" num=".01" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Aggregation Plan” means a plan prepared by a county seeking Commission approval to become a CCA pursuant to Public Utilities Article, §7-510.3, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(2)"> <text>“Aggregation Supplier” means an electricity supplier licensed by the Commission that has contracted with a county to provide electric supply service to the CCA residential and small commercial electric accounts within the county.</text> </paragraph> <paragraph num="(3)"> <text>“CCA Basic Service” means the electric supply service a CCA customer receives if the customer does not select a CCA Optional Service.</text> </paragraph> <paragraph num="(4)"> <text>“CCA Optional Service” means one or more supply services a customer enrolled with a CCA may elect to receive.</text> </paragraph> <paragraph num="(5)"> <text>“Commission” means the Public Service Commission of Maryland.</text> </paragraph> <paragraph num="(6)"> <text>“Community Choice Aggregator (CCA)” has the meaning stated in Public Utilities Article, §1-101(f), Annotated Code of Maryland.</text> </paragraph> <paragraph num="(7)"> <text>“County” means a county authorized per Public Utilities Article, §7-510.3(c), Annotated Code of Maryland, to form a CCA.</text> </paragraph> <paragraph num="(8)"> <text>“Customer” means a regulated utility retail electric customer account holder.</text> </paragraph> <paragraph num="(9)"> <text>“Cybersecurity breach” means any unauthorized act that has been confirmed to result in access to acquisition, control, destruction, disclosure, or modification of a CCA’s information technology systems.</text> </paragraph> <paragraph num="(10)"> <text>“Drop” means the removal of a customer from a supplier’s service.</text> </paragraph> <paragraph num="(11)"> <text>“Electric company” has the meaning stated in Public Utilities Article, §1-101, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(12)"> <text>“Electric storage facility” has the meaning stated in Public Utilities Article, §1-101(k), Annotated Code of Maryland.</text> </paragraph> <paragraph num="(13)"> <text>“Electricity supplier” has the meaning stated in COMAR 20.51.01.02B(10).</text> </paragraph> <paragraph num="(14)"> <text>“Electronic transaction” means a standardized data protocol or electronic transmission medium that has been accepted by the Commission for use in Maryland.</text> </paragraph> <paragraph num="(15)"> <text>“Enrollment” means the assignment by an electric company of an electric retail customer account to electricity supply service.</text> </paragraph> <paragraph num="(16)"> <text>“Good cybersecurity practice” means cybersecurity plans that are designed, implemented, maintained, and operated in accordance with an accepted industry cybersecurity standard and in compliance with all applicable State requirements in Commercial Law Article, §§14-3503—14-3508, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(17)"> <text>“Information technology system” means hardware and software related to electronic processing, and storage, retrieval, transmittal, and manipulation of data.</text> </paragraph> <paragraph num="(18)"> <text>“Opt-out” means the act of a customer choosing not to participate in the CCA’s Basic Service electricity supply service for one or more of its accounts.</text> </paragraph> <paragraph num="(19)"> <text>“Program termination” means the cessation of all CCA electric supply service to all CCA customers.</text> </paragraph> <paragraph num="(20)"> <text>“Residential electric customer” means a customer served under one or more of an electric company’s residential electric tariffs.</text> </paragraph> <paragraph num="(21)"> <text>“Small commercial electric customer” means a commercial customer that has a peak electric load of not more than 25 kilowatts and includes master-metered multiple occupancy residences that have a peak electric load of not more than 25 kilowatts.</text> </paragraph> <paragraph num="(22)"> <text>“Standard Offer Service (SOS)” has the meaning stated in Public Utilities Article, §7-501, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(23)"> <text>“Transition period” means the period during which a CCA initially enrolls customers after providing customers the opportunity to opt out of the CCA, per COMAR 20.63.04.01.</text> </paragraph> <paragraph num="(24)"> <text>“Utility consolidated billing” means the process by which an electric company renders to customers’ bills that include both unregulated retail supply charges on behalf of a retail supplier and the electric company’s regulated charges.</text> </paragraph> <paragraph num="(25)"> <text>“Written notice” means a notice made in writing and includes a notice transmitted by mail, facsimile, electronic mail, or other electronic means.</text> </paragraph> <paragraph num="(26)"> <text>“Written request” means a request made in writing and includes a request transmitted by mail, facsimile, electronic mail, or other electronic means.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Landlord-Tenant Service Agreements."> <text>Electric companies shall maintain existing arrangements for landlord-tenant service agreements which may not be affected by a CCA Pilot Program.</text> </regulation> <annotations> <annotation type="Authority">Public Utilities Article, §§1–101(b), (f), and (k), 7–306(f)(5) and (h), 7–306.2(d)(3), 7–507(a), 7–510(f) and 7–510.3, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: February 5, 2024 (51:2 Md. R. 76)</annotation> </annotations> </chapter> <chapter num="03" heading="CCA Pre-Enrollment Information"> <regulation prefix="Regulation" num=".01" heading="CCA Customer Consent — Pre-Enrollment."> <paragraph num="A."> <text>A CCA is deemed to have obtained a customer’s consent required by COMAR 20.53.03.01A(2) to request the customer’s pre-enrollment information from the electric company after the Commission has approved the CCA’s Aggregation Plan.</text> </paragraph> <paragraph num="B."> <text>A CCA is not required to notify a customer of its intention to obtain customer information from an electric company if the customer’s consent is deemed to have been obtained according to §A of this regulation.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Pre-Enrollment Information Format."> <paragraph num="A."> <text>An electric company shall provide to the CCA customer account pre-enrollment information on a per-account basis using electronic transactions per COMAR 20.53.03.02 after the Commission has approved the CCA’s Aggregation Plan.</text> </paragraph> <paragraph num="B."> <text>A CCA may not make the request described in §A of this regulation unless the CCA is in possession of a customer’s account number or equivalent retail choice identification number.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="CCA Formation Notice Information."> <paragraph num="A."> <text>An electric company shall provide to a county in the process of forming a CCA, upon written request, information regarding each residential and small commercial customer in the county from the applicable electric company.</text> </paragraph> <paragraph num="B."> <text>An electric company shall respond to the request in §A of this regulation within 10 business days.</text> </paragraph> <paragraph num="C."> <text>The electric company shall provide the following information:</text> <paragraph num="(1)"> <text>Aggregate usage information for each applicable service class, which the CCA may request quarterly; and</text> </paragraph> <paragraph num="(2)"> <text>A list of each residential and small commercial electric customer accounts in the county, including the following information for each account:</text> <paragraph num="(a)"> <text>Account name;</text> </paragraph> <paragraph num="(b)"> <text>Service address;</text> </paragraph> <paragraph num="(c)"> <text>Billing address; and</text> </paragraph> <paragraph num="(d)"> <text>Utility rate class or code.</text> </paragraph> </paragraph> </paragraph> <paragraph num="D."> <text>The electric company shall include, in the information provided, each residential electric customer account and each small commercial electric customer account at the time of the request.</text> </paragraph> <paragraph num="E."> <text>An electric company shall exclude from the list, provided in §§C and D of this regulation, customer account numbers or retail choice identification numbers.</text> </paragraph> <paragraph num="F."> <text>A county may not request the information in §C(2) of this regulation prior to the effective date of the regulation.</text> </paragraph> <paragraph num="G."> <text>An electric company shall provide a separate list, as described in §C of this regulation, for residential and small commercial customers.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Information Required for the CCA Opt-Out Notice."> <paragraph num="A."> <text>An electric company shall provide to a CCA, upon written request, customer account information regarding each customer in the requesting county after the Commission has approved the CCA’s Aggregation Plan.</text> </paragraph> <paragraph num="B."> <text>An electric company shall respond to the request in §A of this regulation within 30 calendar days.</text> </paragraph> <paragraph num="C."> <text>The electric company shall provide the following information for each account:</text> <paragraph num="(1)"> <text>Account name;</text> </paragraph> <paragraph num="(2)"> <text>Service address;</text> </paragraph> <paragraph num="(3)"> <text>Utility rate class or code;</text> </paragraph> <paragraph num="(4)"> <text>Billing address;</text> </paragraph> <paragraph num="(5)"> <text>Retail choice status; and</text> </paragraph> <paragraph num="(6)"> <text>Electric company recorded SOS request or CCA opt-out status.</text> </paragraph> </paragraph> <paragraph num="D."> <text>The utility shall include, in the information provided, each residential electric customer account and each small commercial electric customer account at the time of the request.</text> </paragraph> <paragraph num="E."> <text>An electric company shall provide a separate list, as described in §C of this regulation, for residential and small commercial customers.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Recording Customer Information Decisions."> <paragraph num="A."> <text>A CCA shall retain records of customer affirmative requests for CCA service, including:</text> <paragraph num="(1)"> <text>CCA service requested; and</text> </paragraph> <paragraph num="(2)"> <text>The time and date of the request.</text> </paragraph> </paragraph> <paragraph num="B."> <text>A CCA and a county in the process of forming a CCA shall retain records of the time and date of customer requests to opt-out of CCA service.</text> </paragraph> <paragraph num="C."> <text>An electric company shall retain records of the time and date of customer requests to opt-out of CCA service or request SOS service.</text> </paragraph> <paragraph num="D."> <text>The CCA and electric companies shall retain records in §§A—C of this regulation for at least 3 years after the termination date of the CCA.</text> </paragraph> <paragraph num="E."> <text>The electric company shall provide to the CCA, no more frequently than once per business day, the information in §C of this regulation upon written request from the CCA.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Public Utilities Article, §§1–101(b), (f), and (k), 7–306(f)(5) and (h), 7–306.2(d)(3), 7–507(a), 7–510(f) and 7–510.3, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: February 5, 2024 (51:2 Md. R. 76)</annotation> </annotations> </chapter> <chapter num="04" heading="Transfers of Service"> <regulation prefix="Regulation" num=".01" heading="Transition from Standard Offer Service."> <paragraph num="A."> <text>Customer Information Update for the Opt-Out Notice. A county may request, from an electric company,data provided under COMAR 20.63.03.04C.</text> </paragraph> <paragraph num="B."> <text>CCA Opt-Out Notice. No less than 45 days prior to the start of CCA service, a county shall mail a notice, including the following information, to all residential and small commercial customers:</text> <paragraph num="(1)"> <text>Name, Commission Supplier License number, and identification of which Aggregation Suppliers are providing CCA Basic Service and, if applicable, CCA Optional Services;</text> </paragraph> <paragraph num="(2)"> <text>Terms and conditions of service for CCA Basic Service and, if applicable, CCA Optional Services;</text> </paragraph> <paragraph num="(3)"> <text>Rates, charges, and fees for CCA Basic Service and, if applicable, CCA Optional Services;</text> </paragraph> <paragraph num="(4)"> <text>A comparison of the CCA Basic Service and CCA Optional Services rates with applicable SOS rates;</text> </paragraph> <paragraph num="(5)"> <text>Information on how a customer may select:</text> <paragraph num="(a)"> <text>SOS service by contacting the electric company;</text> </paragraph> <paragraph num="(b)"> <text>CCA service by responding to the notice affirmatively selecting the CCA or through a direct application process; or</text> </paragraph> <paragraph num="(c)"> <text>Competitive retail supply by visiting the Commission’s shopping website (www.mdelectricchoice.com) and contacting a competitive supplier to enroll;</text> </paragraph> </paragraph> <paragraph num="(6)"> <text>Information on the total renewable component of electricity provided under:</text> <paragraph num="(a)"> <text>CCA Basic Service; or</text> </paragraph> <paragraph num="(b)"> <text>CCA Optional Supply Services, if applicable;</text> </paragraph> </paragraph> <paragraph num="(7)"> <text>A comparison of the renewable content of the CCA Basic Service with that required by current State law;</text> </paragraph> <paragraph num="(8)"> <text>An explanation of the following enrollment procedures:</text> <paragraph num="(a)"> <text>The means a customer may use to refuse to participate in the CCA service;</text> </paragraph> <paragraph num="(b)"> <text>That the customer will receive CCA Basic Service if they take no action unless the customer is served by a retail supplier; and</text> </paragraph> <paragraph num="(c)"> <text>That the CCA will not switch a customer on a retail choice contract to the CCA without the customer’s affirmative selection of the applicable CCA service;</text> </paragraph> </paragraph> <paragraph num="(9)"> <text>Information on how to access a copy of the CCA’s customer information privacy policy;</text> </paragraph> <paragraph num="(10)"> <text>Information about customer protection; and</text> </paragraph> <paragraph num="(11)"> <text>A reference to the CCA’s website for the information in this section.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Notice of Opportunity to Opt-Out of CCA Service. The CCA shall provide, in the notice required in §B of this regulation, instructions on all methods by which a customer can refuse or opt out of CCA Basic Service by:</text> <paragraph num="(1)"> <text>Responding to the CCA with the customer’s choice to refuse to participate;</text> </paragraph> <paragraph num="(2)"> <text>Request of the customer to the electric company to choose to retain or select SOS; or</text> </paragraph> <paragraph num="(3)"> <text>Contracting for retail supply from another retail electricity supplier.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Processing of Opt-Out Notices and Enrollments.</text> <paragraph num="(1)"> <text>A county in the process of forming a CCA shall be prepared to accept and record a customer’s request to opt-out of CCA service no less than 1 day prior to sending the notice required by Public Utilities Article, §7-510.3 (d)(1)(ii), Annotated Code of Maryland.</text> </paragraph> <paragraph num="(2)"> <text>Opt-Out Period. A county shall allow a customer at least 36 days from the date of mailing to respond to the opt-out notice described in §B of this regulation before determining the customer’s choice of the CCA.</text> </paragraph> <paragraph num="(3)"> <text>Provision of Account Numbers. An electric company shall provide, upon request of a CCA, an update of the list provided under COMAR 20.63.03.04C with the following modifications:</text> <paragraph num="(a)"> <text>An electric company shall provide account numbers solely for customers who are not, as of the date and time the report is generated, enrolled with a retail supplier or have not contacted the electric company to select SOS.</text> </paragraph> <paragraph num="(b)"> <text>An electric company shall notify the CCA of a customer’s request to retain or select SOS.</text> </paragraph> <paragraph num="(c)"> <text>Any additional information needed by the CCA to enroll a customer to CCA supply service shall be provided by an electric company for customer accounts for which account numbers are provided according to §D(3)(a) of this regulation.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>A CCA may not enroll a customer who contacts the CCA or the customer’s electric company to refuse participation in the CCA unless the customer subsequently affirmatively selects the CCA.</text> </paragraph> <paragraph num="(5)"> <text>A CCA may transmit enrollment information to an electric company according to the terms of the electric company’s tariff, subject to the following limitations:</text> <paragraph num="(a)"> <text>Enrollments may not be effective prior to the date approved by the Commission in the CCA’s transition schedule.</text> </paragraph> <paragraph num="(b)"> <text>Unless otherwise agreed to by the electric company, a CCA may not transmit to a single electric company more than 10,000 account enrollments per day.</text> </paragraph> </paragraph> </paragraph> <paragraph num="E."> <text>Basic Service Offerings.</text> <paragraph num="(1)"> <text>A CCA shall offer a single CCA Basic Service for residential customers in each applicable electric company service territory.</text> </paragraph> <paragraph num="(2)"> <text>A CCA shall offer a single CCA Basic Service for small commercial electric customers in each applicable electric company service territory.</text> </paragraph> </paragraph> <paragraph num="F."> <text>Transaction Error Handling. The provisions of COMAR 20.53.04.03 shall apply to an Aggregation Supplier.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Procedure for Enrolling New Accounts by Default."> <paragraph num="A."> <text>Upon completion of enrollment of customers under Regulation .01 of this chapter, a CCA may request every business day a list of all customers not included in the list provided in COMAR 20.63.03.04C as well as customers dropped from retail supply service to SOS service since the last list was provided.</text> </paragraph> <paragraph num="B."> <text>For each new customer, this list shall include:</text> <paragraph num="(1)"> <text>Account name;</text> </paragraph> <paragraph num="(2)"> <text>Service address;</text> </paragraph> <paragraph num="(3)"> <text>Billing address;</text> </paragraph> <paragraph num="(4)"> <text>Retail choice status;</text> </paragraph> <paragraph num="(5)"> <text>CCA opt-out status;</text> </paragraph> <paragraph num="(6)"> <text>Utility rate class or code;</text> </paragraph> <paragraph num="(7)"> <text>Account numbers for customers who have not selected a retail supplier or have not contacted the utility to select SOS or have declined to participate in the CCA; and</text> </paragraph> <paragraph num="(8)"> <text>Any additional information needed to enroll a customer to retail supply service for customer accounts for which account numbers are provided according to §B(7) of this regulation.</text> </paragraph> </paragraph> <paragraph num="C."> <text>An electric company shall provide this information in accordance with the data transfer procedures, as described in COMAR 20.63.15.</text> </paragraph> <paragraph num="D."> <text>New Customer Account Enrollments.</text> <paragraph num="(1)"> <text>A CCA may transmit enrollment information for a customer account listed in §A of this regulation to an electric company according to the terms of the electric company’s tariff.</text> </paragraph> <paragraph num="(2)"> <text>A CCA may not submit an enrollment for a customer account for which the customer has contacted the CCA to opt-out unless that customer later affirmatively selects the CCA for the account in question.</text> </paragraph> </paragraph> </regulation> <annotations> <annotation type="Authority">Public Utilities Article, §§1–101(b), (f), and (k), 7–306(f)(5) and (h), 7–306.2(d)(3), 7–507(a), 7–510(f) and 7–510.3, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: February 5, 2024 (51:2 Md. R. 76)</annotation> </annotations> </chapter> <chapter num="05" heading="CCA Utility Coordination and Billing"> <regulation prefix="Regulation" num=".01" heading="CCA-Utility Coordination and Billing."> <paragraph num="A."> <text>A CCA, an Aggregation Supplier, or an energy service provider working as the agent of a CCA shall follow the supplier requirements of COMAR 20.53.05.01, 20.53.05.02, 20.53.05.03, and 20.53.05.05.</text> </paragraph> <paragraph num="B."> <text>An electric company providing services related to electric energy scheduling, load assignment, and utility consolidated billing to a CCA, an Aggregation Supplier, or an energy service provider working as the agent of a CCA shall follow the requirements of COMAR 20.53.05 for services provided to a supplier.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="CCA Bill Messaging."> <paragraph num="A."> <text>CCA Bill Item Identification.</text> <paragraph num="(1)"> <text>A bill sent to electric customers that participate in the aggregation activities of a CCA shall identify the CCA as the electricity supplier.</text> </paragraph> <paragraph num="(2)"> <text>An electric company shall use the name provided by Montgomery County or its designee as the identification of the CCA on a customer bill.</text> </paragraph> <paragraph num="(3)"> <text>An Aggregation Supplier or energy service provider contracted to provide services for the CCA shall transmit billing information using a distinct identification for service provided in the aggregation program from service that is provided to its other retail customers.</text> </paragraph> <paragraph num="(4)"> <text>A bill including CCA-provided services may identify any commodity services provided with a line item description that displays the rates, fees, or charges separately.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="CCA Price to Compare."> <paragraph num="A."> <text>An electric company shall display its SOS rate information on each eligible customer’s bill as the price to compare with retail supply offers, unless otherwise directed by the Commission.</text> </paragraph> <paragraph num="B."> <text>A CCA shall display the SOS price to compare and the CCA Basic Service rate on the CCA website.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Public Utilities Article, §§1–101(b), (f), and (k), 7–306(f)(5) and (h), 7–306.2(d)(3), 7–507(a), 7–510(f) and 7–510.3, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: February 5, 2024 (51:2 Md. R. 76)</annotation> </annotations> </chapter> <chapter num="07" heading="Customer Protection"> <regulation prefix="Regulation" num=".01" heading="Scope."> <text>This chapter applies to electricity supply services that a CCA or its designated agents provide to residential and small commercial electric customers.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Disclosure of Customer Information."> <text>A CCA shall follow the disclosure of customer information regulations, as described in COMAR 20.63.16.04.</text> </regulation> <regulation prefix="Regulation" num=".03" heading="Creditworthiness."> <paragraph num="A."> <text>A CCA may not refuse CCA Basic Service to an eligible customer based on creditworthiness.</text> </paragraph> <paragraph num="B."> <text>A CCA shall apply uniform income, deposit, and creditworthiness standards for CCA Optional Services, if applicable.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="CCA Service Territory."> <text>A county which has formed a CCA shall offer supply service throughout its jurisdiction to all eligible customers that receive distribution service from the local utility.</text> </regulation> <regulation prefix="Regulation" num=".05" heading="Enrollment Disputes."> <paragraph num="A."> <text>A customer alleging a violation of this regulation shall initially submit any inquiry or dispute directly to a Community Choice Aggregator for resolution.</text> </paragraph> <paragraph num="B."> <text>A customer alleging a violation of this regulation may, at any time, file a dispute with the Commission’s Consumer Affairs Division.</text> </paragraph> <paragraph num="C."> <text>The CCA may not enroll a customer’s account who has an active retail supply contract, has affirmatively selected Standard Offer Service, or who has previously opted-out of the CCA, without the customer affirmatively selecting the CCA.</text> </paragraph> <paragraph num="D."> <text>A CCA may not assign a customer to optional service unless the customer has affirmatively selected that optional service.</text> </paragraph> <paragraph num="E."> <text>Upon a determination by the Consumer Affairs Division that an enrollment by the CCA was unauthorized, the Consumer Affairs Division may order the CCA to issue a refund to the customer in an amount, determined by the Consumer Affairs Division, intended to hold the customer harmless relative to the price the customer would have paid had the unauthorized enrollment not occurred, including any related early termination penalties.</text> </paragraph> <paragraph num="F."> <text>If the charges have been billed by and the receivable purchased by the utility from the CCA, the refund of charges determined by the Consumer Affairs Division shall be remitted to the utility by the CCA. The refund determined by the Consumer Affairs Division shall be applied to the customer’s utility account current balance, and the excess returned to the customer upon request. If the customer is no longer served by the CCA, the refund shall be returned to the customer.</text> </paragraph> <paragraph num="G."> <text>Upon purchase of any receivable under this section, the utility shall be entitled to collect from the customer, and the customer shall be responsible to pay the utility, the total amount billed less any refund determined by the Consumer Affairs Division.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Termination."> <paragraph num="A."> <text>Except as provided under §B of this regulation, a utility may not terminate service for failure of a customer to pay CCA charges.</text> </paragraph> <paragraph num="B."> <text>If a utility purchases the receivables of a CCA under COMAR 20.53.05.03, the purchased CCA receivables become utility charges for the purpose of termination of service under COMAR 20.31.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Advertising and Solicitations."> <paragraph num="A."> <text>A CCA may conduct advertising for CCA services.</text> </paragraph> <paragraph num="B."> <text>A CCA may not engage in a marketing or trade practice that is unfair, false, misleading, or deceptive.</text> </paragraph> <paragraph num="C."> <text>A CCA shall conduct any marketing, subject to the rules in COMAR 20.53.07.07, with the exception of COMAR 20.53.07.07 B(1), and subject to the rules of COMAR 20.53.10.</text> </paragraph> <paragraph num="D."> <text>Disclosures.</text> <paragraph num="(1)"> <text>All CCA marketing or solicitation information shall identify the Montgomery County CCA in a clear and conspicuous manner.</text> </paragraph> <paragraph num="(2)"> <text>If a price or rate is quoted, the following statements are required:</text> <paragraph num="(a)"> <text>The price or rate quoted is only for the specified commodity provided by the CCA;</text> </paragraph> <paragraph num="(b)"> <text>The price or rate quoted does not include any tax, electric company distribution charge, or other electric company fee or charges; and</text> </paragraph> <paragraph num="(c)"> <text>The CCA’s price or rate is not regulated by the Commission.</text> </paragraph> </paragraph> </paragraph> <paragraph num="E."> <text>Telephone Solicitation. A CCA may not conduct outbound telephone solicitations.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="CCA Terms of Service."> <text>A CCA shall follow the approved terms of service directed by the Commission when approving the CCA’s Aggregation Plan.</text> </regulation> <regulation prefix="Regulation" num=".09" heading="Notice of Enrollment."> <paragraph num="A."> <text>A CCA shall provide notice of enrollment of a customer to a utility in a format consistent with the Commission-accepted electric utility supplier coordination agreement.</text> </paragraph> <paragraph num="B."> <text>A CCA shall provide written notice to customers within 5 business days upon change in CCA service option.</text> </paragraph> <paragraph num="C."> <text>Utility Notice of Enrollment to Customer. An electric company shall provide written notice to a customer upon enrollment by a CCA.</text> </paragraph> <paragraph num="D."> <text>Notice of enrollment under this regulation shall include the following:</text> <paragraph num="(1)"> <text>Customer name;</text> </paragraph> <paragraph num="(2)"> <text>Customer service address;</text> </paragraph> <paragraph num="(3)"> <text>Billing name;</text> </paragraph> <paragraph num="(4)"> <text>Billing address;</text> </paragraph> <paragraph num="(5)"> <text>Utility name;</text> </paragraph> <paragraph num="(6)"> <text>Utility account number;</text> </paragraph> <paragraph num="(7)"> <text>CCA name;</text> </paragraph> <paragraph num="(8)"> <text>Commodity provided; and</text> </paragraph> <paragraph num="(9)"> <text>Effective date of the enrollment.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".10" heading="Notice of Change in Rates."> <text>The CCA shall notify customers by posting to the CCA website any change in rates at least 30 days prior to the change in rates going into effect. The CCA website shall include instructions for contacting the CCA regarding changes in rates.</text> </regulation> <regulation prefix="Regulation" num=".11" heading="CCA Customer Deposits."> <text>The CCA may not require a customer deposit to participate in CCA Basic Service or any optional service billed through the utility consolidated billing.</text> </regulation> <regulation prefix="Regulation" num=".12" heading="CCA Late Payment Charges."> <text>The CCA may not charge customers late payment charges for CCA Basic Service or any optional service billed through utility consolidated billing.</text> </regulation> <regulation prefix="Regulation" num=".13" heading="CCA Dispute Resolution."> <text>The CCA and its customers are subject to the dispute procedures and regulations in COMAR 20.32.01.</text> </regulation> <regulation prefix="Regulation" num=".14" heading="Website Information."> <text>The CCA website shall provide the following information to customers:</text> <paragraph num="A."> <text>Current rates;</text> </paragraph> <paragraph num="B."> <text>Effective period for current rates;</text> </paragraph> <paragraph num="C."> <text>Terms of service;</text> </paragraph> <paragraph num="D."> <text>Renewable content;</text> </paragraph> <paragraph num="E."> <text>Summary of the type of costs included in rates;</text> </paragraph> <paragraph num="F."> <text>Contact information for CCA;</text> </paragraph> <paragraph num="G."> <text>When to contact CCA;</text> </paragraph> <paragraph num="H."> <text>Contact information for electric companies;</text> </paragraph> <paragraph num="I."> <text>When to contact electric companies;</text> </paragraph> <paragraph num="J."> <text>CCA opt-out information, including an explanation of the means to opt-out or refuse CCA service;</text> </paragraph> <paragraph num="K."> <text>CCA enrollment information;</text> </paragraph> <paragraph num="L."> <text>CCA customer information privacy policy;</text> </paragraph> <paragraph num="M."> <text>A copy of the full text of the CCA Aggregation Plan; and</text> </paragraph> <paragraph num="N."> <text>Information about customer protection.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Public Utilities Article, §§1–101(b), (f), and (k), 7–306(f)(5) and (h), 7–306.2(d)(3), 7–507(a), 7–510(f) and 7–510.3, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: February 5, 2024 (51:2 Md. R. 76)</annotation> </annotations> </chapter> <chapter num="11" heading="CCA Aggregation Plan Requirements and Application Process"> <regulation prefix="Regulation" num=".01" heading="Scope."> <text>This chapter applies to Montgomery County when seeking to form a Community Choice Aggregator (CCA) in Maryland.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Aggregation Plan Requirements."> <paragraph num="A."> <text>A county seeking to form a CCA shall submit an Aggregation Plan for Commission approval.</text> </paragraph> <paragraph num="B."> <text>A county shall include the following in its Aggregation Plan:</text> <paragraph num="(1)"> <text>A description of the following:</text> <paragraph num="(a)"> <text>The CCA’s service territory, including:</text> <paragraph num="(i)"> <text>Electric company service territories; and</text> </paragraph> <paragraph num="(ii)"> <text>Differences between electric company service territories, if applicable;</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>The customers to be served; and</text> </paragraph> <paragraph num="(c)"> <text>The resolution process for errors in CCA enrollments or customer SOS selection;</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>The proposed CCA transition schedule, including:</text> <paragraph num="(a)"> <text>Date by which the CCA will complete procurement of supply to meet initial CCA load;</text> </paragraph> <paragraph num="(b)"> <text>Date by which the electric companies in the county will send updated eligible customer lists to the CCA, per COMAR 20.63.03.03B;</text> </paragraph> <paragraph num="(c)"> <text>Date by which the CCA will have mailed the CCA opt-out notice to all residential and small commercial electric customers in the county;</text> </paragraph> <paragraph num="(d)"> <text>The schedule for residential and small commercial electric customers to respond to the opt-out notice prior to a customer being deemed to have given permission to participate in the CCA;</text> </paragraph> <paragraph num="(e)"> <text>Estimated schedule for submitting initial CCA enrollments to each electric company; and</text> </paragraph> <paragraph num="(f)"> <text>Date on which CCA begins providing initial electric supply service to customers;</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Details of the circumstances and processes for participating in the aggregation activities of a CCA, including:</text> <paragraph num="(a)"> <text>Circumstances and processes by which customers are automatically enrolled in CCA Basic Service;</text> </paragraph> <paragraph num="(b)"> <text>Explanation of how the CCA intends to inform customers that SOS and retail supply will continue to be available;</text> </paragraph> <paragraph num="(c)"> <text>Processes to permit a customer to decline to participate in the CCA;</text> </paragraph> <paragraph num="(d)"> <text>Processes to permit a customer to select SOS or a retail supply contract;</text> </paragraph> <paragraph num="(e)"> <text>The circumstances and processes by which a CCA will determine that a customer has opted out of CCA Basic Service;</text> </paragraph> <paragraph num="(f)"> <text>Processes by which a customer can affirmatively select CCA Basic Service;</text> </paragraph> <paragraph num="(g)"> <text>Processes by which a customer can affirmatively select CCA Optional Services; and</text> </paragraph> <paragraph num="(h)"> <text>Explanation of how the county intends to inform customers about the availability of Seamless Moves;</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>The circumstances and processes by which the CCA will provide notices to customers, including:</text> <paragraph num="(a)"> <text>The draft notice or notices;</text> </paragraph> <paragraph num="(b)"> <text>The purpose of the notice; and</text> </paragraph> <paragraph num="(c)"> <text>Actions taken by CCA in response to the customer’s response to the notice;</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>A description of the organizational structure of the CCA, including:</text> <paragraph num="(a)"> <text>Governance policies, including:</text> <paragraph num="(i)"> <text>The roles of government personnel;</text> </paragraph> <paragraph num="(ii)"> <text>The roles of elected officials; and</text> </paragraph> <paragraph num="(iii)"> <text>The roles of other personnel;</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>Reporting relationships within the CCA organizational structure;</text> </paragraph> <paragraph num="(c)"> <text>County government entity accountable for all CCA policies and procedures; and</text> </paragraph> <paragraph num="(d)"> <text>The authority and responsibility of entities within the CCA organizational structure;</text> </paragraph> </paragraph> <paragraph num="(6)"> <text>A description of the operations of the CCA, including:</text> <paragraph num="(a)"> <text>Each function that will be performed by the CCA;</text> </paragraph> <paragraph num="(b)"> <text>The entities responsible and accountable for these functions, including how these entities, whether internal or external, were selected; and</text> </paragraph> <paragraph num="(c)"> <text>The internal oversight of the CCA;</text> </paragraph> </paragraph> <paragraph num="(7)"> <text>A description of the funding and budget of the CCA, including:</text> <paragraph num="(a)"> <text>The anticipated sources of CCA revenues;</text> </paragraph> <paragraph num="(b)"> <text>The anticipated CCA operating expenses;</text> </paragraph> <paragraph num="(c)"> <text>The anticipated CCA capital costs; and</text> </paragraph> <paragraph num="(d)"> <text>A projected initial operating budget for the CCA’s first year of operation;</text> </paragraph> </paragraph> <paragraph num="(8)"> <text>A description of the purchasing plan designed to save ratepayers money, including:</text> <paragraph num="(a)"> <text>The proposed plan for procuring supply, including anticipated use of Requests for Proposals and competitive bidding;</text> </paragraph> <paragraph num="(b)"> <text>Supplier evaluation criteria, including:</text> <paragraph num="(i)"> <text>Price;</text> </paragraph> <paragraph num="(ii)"> <text>Performance capabilities;</text> </paragraph> <paragraph num="(iii)"> <text>Creditworthiness; and</text> </paragraph> <paragraph num="(iv)"> <text>Operational capabilities;</text> </paragraph> </paragraph> <paragraph num="(c)"> <text>Measures that provide financial assurance associated with the supplier’s commitments;</text> </paragraph> <paragraph num="(d)"> <text>Anticipated time frame of initial procurement and subsequent procurement frequency;</text> </paragraph> <paragraph num="(e)"> <text>Differentiation of procurement by electric company service territory, if applicable;</text> </paragraph> <paragraph num="(f)"> <text>Long-term power purchasing agreements and asset investment, including:</text> <paragraph num="(i)"> <text>Means by which counterparties would be evaluated;</text> </paragraph> <paragraph num="(ii)"> <text>Method of financing; and</text> </paragraph> <paragraph num="(iii)"> <text>Key terms and conditions;</text> </paragraph> </paragraph> <paragraph num="(g)"> <text>Purchasing plan monitoring and oversight;</text> </paragraph> <paragraph num="(h)"> <text>Measures to mitigate price volatility for customers;</text> </paragraph> <paragraph num="(i)"> <text>The role of renewable content in procurement evaluation;</text> </paragraph> <paragraph num="(j)"> <text>The role of price in procurement evaluation;</text> </paragraph> <paragraph num="(k)"> <text>Description of the potential impact on price that energy sourced from renewable resources may have;</text> </paragraph> <paragraph num="(l)"> <text>Description of procedures designed to ensure power is procured to serve entire projected load;</text> </paragraph> <paragraph num="(m)"> <text>Explanation of how the purchasing plan is designed to save CCA participants money; and</text> </paragraph> <paragraph num="(n)"> <text>Commission review of proposed changes to the approved procurement plan;</text> </paragraph> </paragraph> <paragraph num="(9)"> <text>A description of the processes the CCA shall use for entering into and terminating agreements with other entities, including the process for entering and terminating contracts with retail suppliers, electric generation, and electric storage facilities;</text> </paragraph> <paragraph num="(10)"> <text>A proposal for reporting to the Commission regarding the CCA’s procurement, including:</text> <paragraph num="(a)"> <text>A proposed schedule for the reporting; and</text> </paragraph> <paragraph num="(b)"> <text>What information the reporting will provide;</text> </paragraph> </paragraph> <paragraph num="(11)"> <text>A description of the rate setting process and costs to participants, including:</text> <paragraph num="(a)"> <text>Initial and anticipated service offering;</text> <paragraph num="(i)"> <text>Description of differentiation of rates and service options by electric company, if applicable;</text> </paragraph> <paragraph num="(ii)"> <text>Description of seasonal, time-of-use, or tiered rates, if applicable;</text> </paragraph> <paragraph num="(iii)"> <text>Description of demand response and energy efficiency components, if applicable; and</text> </paragraph> <paragraph num="(iv)"> <text>Description of cost true-up mechanisms;</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>Description of the frequency of rate updates, including:</text> <paragraph num="(i)"> <text>Potential causes for changes in rates;</text> </paragraph> <paragraph num="(ii)"> <text>How customers will be notified of rate changes;</text> </paragraph> <paragraph num="(iii)"> <text>How the Commission will be notified of rate changes; and</text> </paragraph> <paragraph num="(iv)"> <text>Duration of time between a notice of a rate change and the time the rate change becomes effective;</text> </paragraph> </paragraph> <paragraph num="(c)"> <text>Recovery of non-commodity costs;</text> </paragraph> <paragraph num="(d)"> <text>Customer education for initial and future service offerings;</text> </paragraph> <paragraph num="(e)"> <text>Commission notification and review of proposed changes to service offerings;</text> </paragraph> <paragraph num="(f)"> <text>Customer deposit requirements;</text> </paragraph> <paragraph num="(g)"> <text>Late payment charge requirements; and</text> </paragraph> <paragraph num="(h)"> <text>The methodology for establishing the rate for CCA Basic Service, including:</text> <paragraph num="(i)"> <text>Prevailing market prices;</text> </paragraph> <paragraph num="(ii)"> <text>Ongoing purchases; and</text> </paragraph> <paragraph num="(iii)"> <text>Operating costs;</text> </paragraph> </paragraph> </paragraph> <paragraph num="(12)"> <text>An analysis of historical and forecast trends in electricity prices, as described in COMAR 20.63.13;</text> </paragraph> <paragraph num="(13)"> <text>A statement of the rights and responsibilities of electric customers participating in the CCA and eligible CCA electric customers not currently participating in the CCA, including:</text> <paragraph num="(a)"> <text>Proposed terms and conditions of CCA customer participation, including;</text> <paragraph num="(i)"> <text>Explanation of customer participation in the CCA;</text> </paragraph> <paragraph num="(ii)"> <text>The right to opt-out of participation;</text> </paragraph> <paragraph num="(iii)"> <text>The right to request SOS;</text> </paragraph> <paragraph num="(iv)"> <text>The right to enter into and retain retail supply contracts;</text> </paragraph> <paragraph num="(v)"> <text>The right to request CCA participation;</text> </paragraph> <paragraph num="(vi)"> <text>CCA optional service;</text> </paragraph> <paragraph num="(vii)"> <text>All processes for customer participation and opt-out;</text> </paragraph> <paragraph num="(viii)"> <text>Billing of CCA customers, including use of utility consolidated billing and billing for optional services, if applicable;</text> </paragraph> <paragraph num="(ix)"> <text>Payment rules and regulations, including late fees, if applicable;</text> </paragraph> <paragraph num="(x)"> <text>Dispute resolution processes;</text> </paragraph> <paragraph num="(xi)"> <text>Application of existing electric company regulations and terms and conditions of service;</text> </paragraph> <paragraph num="(xii)"> <text>Notice of changes in rates or prices;</text> </paragraph> <paragraph num="(xiii)"> <text>How customers will be notified of rates or price changes;</text> </paragraph> <paragraph num="(xiv)"> <text>Duration of time between notice of a rate change and the time a rate change become effective;</text> </paragraph> <paragraph num="(xv)"> <text>Contact information including a CCA website containing the terms and conditions of CCA participation;</text> </paragraph> <paragraph num="(xvi)"> <text>When customers should contact their electric company; and</text> </paragraph> <paragraph num="(xvii)"> <text>When customers should contact the CCA;</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>Commission review of proposed changes of the terms and conditions of CCA participation, including an explanation of how county residents and small businesses will be made aware of approved changes to the terms and conditions of CCA participation;</text> </paragraph> <paragraph num="(c)"> <text>A draft Customer Rights and Responsibilities Pamphlet to be provided to county residents and small commercial electric customers;</text> </paragraph> <paragraph num="(d)"> <text>A draft Frequently Asked Questions and Key Definitions to be provided to county residents and small commercial electric customers, including:</text> <paragraph num="(i)"> <text>Common terms and definitions;</text> </paragraph> <paragraph num="(ii)"> <text>Statement that the electric company’s terms and conditions are unchanged by the customer’s enrollment in the CCA; and</text> </paragraph> <paragraph num="(iii)"> <text>The means by which the Frequently Asked Questions and Key Definitions may be made available to county residents and small commercial electric customers;</text> </paragraph> </paragraph> <paragraph num="(e)"> <text>A description of the CCA’s data security mechanisms and data privacy policies to be provided to county residents and small commercial electric customers;</text> </paragraph> <paragraph num="(f)"> <text>A statement of Universal Electricity Access, Reliability, and Equitable Treatment of all residential and small commercial electric customers; and</text> </paragraph> <paragraph num="(g)"> <text>An explanation of how the rights and responsibilities of participating electric customers contained in this section will be provided to county residents and small commercial electric customers;</text> </paragraph> </paragraph> <paragraph num="(14)"> <text>The contingency plan for terminating the Aggregation Program, including:</text> <paragraph num="(a)"> <text>The conditions and timing of planned termination of the CCA, if any;</text> </paragraph> <paragraph num="(b)"> <text>A description of the notices the CCA will provide to the Commission, electric companies in the county and CCA customers in the event of full or partial termination, including;</text> <paragraph num="(i)"> <text>Timing of notices to customers, electric companies, and the Commission; and</text> </paragraph> <paragraph num="(ii)"> <text>Information to be contained in the notices;</text> </paragraph> </paragraph> <paragraph num="(c)"> <text>The processes for transferring customers from the CCA to SOS service; and</text> </paragraph> <paragraph num="(d)"> <text>The processes for winding down the CCA;</text> </paragraph> </paragraph> <paragraph num="(15)"> <text>A proposed CCA cybersecurity plan, as described in COMAR 20.63.16.03;</text> </paragraph> <paragraph num="(16)"> <text>Commission notification and review of changes to an approved Aggregation Plan;</text> </paragraph> <paragraph num="(17)"> <text>A statement of the purpose of the CCA, including the goals sought to be achieved;</text> </paragraph> <paragraph num="(18)"> <text>The proposed process for comprehensive and effective CCA outreach and education, including:</text> <paragraph num="(a)"> <text>Messaging;</text> </paragraph> <paragraph num="(b)"> <text>Means of communication; and</text> </paragraph> <paragraph num="(c)"> <text>Budget; and</text> </paragraph> </paragraph> <paragraph num="(19)"> <text>The process by which the CCA will accept and record customer decisions to opt out of CCA participation.</text> </paragraph> </paragraph> <paragraph num="C."> <text>A county may not act upon any portion of the Aggregation Plan until the Aggregation Plan has been approved by the Commission.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Aggregation Plan Approval Process."> <paragraph num="A."> <text>Filing Schedule and Requirements.</text> <paragraph num="(1)"> <text>A county, when initiating a process to form a CCA, shall file with the Commission the following:</text> <paragraph num="(a)"> <text>A notice of intent to form a CCA;</text> </paragraph> <paragraph num="(b)"> <text>A copy of the County’s Aggregation Plan;</text> </paragraph> <paragraph num="(c)"> <text>A draft local law forming the CCA;</text> </paragraph> <paragraph num="(d)"> <text>Proposed terms of service;</text> </paragraph> <paragraph num="(e)"> <text>Proposed categories of charges;</text> </paragraph> <paragraph num="(f)"> <text>Proposed categories of fees; and</text> </paragraph> <paragraph num="(g)"> <text>Proposed costs unrelated to actual cost of the electricity supply.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>A county may not initiate a process to form a CCA unless the county has:</text> <paragraph num="(a)"> <text>Met the preliminary requirements in §B of this regulation;</text> </paragraph> <paragraph num="(b)"> <text>Committed to CCA formation on or after December 31, 2023; and</text> </paragraph> <paragraph num="(c)"> <text>Received from the Commission approval of a petition to initiate a process to form a CCA.</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>Preliminary Requirements. A county may not initiate a process to form a CCA unless it has, at least 60 days prior, performed the following:</text> <paragraph num="(1)"> <text>Developed an Aggregation Plan consistent with Regulation .02 of this chapter;</text> </paragraph> <paragraph num="(2)"> <text>Filed with the Commission a petition for approval of the county’s intention to initiate a process to form a CCA and</text> </paragraph> <paragraph num="(3)"> <text>Included in its petition proof of the following:</text> <paragraph num="(a)"> <text>Provision of a written notice of the Aggregation Plan to each residential and small commercial electric customer in the county using a list provided by each electric company serving the county’s residents and businesses;</text> </paragraph> <paragraph num="(b)"> <text>Publication of a fair summary of the Aggregation Plan in at least one newspaper of general circulation in the county; and</text> </paragraph> <paragraph num="(c)"> <text>Publication, on the county’s website, of the full text of the Aggregation Plan;</text> </paragraph> </paragraph> </paragraph> <paragraph num="C."> <text>Aggregation Plan Discovery Requests.</text> <paragraph num="(1)"> <text>A county, after filing the petition with the Commission described in §B(2) of this regulation, shall make reasonable efforts to respond within 10 business days to information requests, including data requests, sent to the county regarding the County’s Aggregation Plan unless the Commission imposes a different deadline.</text> </paragraph> <paragraph num="(2)"> <text>A county shall respond to requests made by the Commission’s technical staff, Maryland Peoples’ Counsel, electric companies serving Montgomery County customers, Apartment and Office Building Association of Metropolitan Washington, and other parties to which the Commission has granted discovery rights.</text> </paragraph> <paragraph num="(3)"> <text>Objections to discovery and discovery responses shall be made within 3 business days unless otherwise directed by the Commission.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Approval of an Aggregation Plan. A county may not begin providing CCA service to its residential and small commercial customers until after the following has occurred:</text> <paragraph num="(1)"> <text>The Commission has approved the County’s Aggregation Plan.</text> </paragraph> <paragraph num="(2)"> <text>The county has enacted a local law that provides that the county shall act as a CCA.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Approval of Aggregation Plan Changes.</text> <paragraph num="(1)"> <text>A CCA may not implement material changes to the approved Aggregation Plan without Commission approval.</text> </paragraph> <paragraph num="(2)"> <text>A CCA shall notify the Commission of any non-material change to the approved Aggregation Plan every 6 months.</text> </paragraph> <paragraph num="(3)"> <text>All changes to CCA Basic and Optional Services may not be considered material changes.</text> </paragraph> </paragraph> </regulation> <annotations> <annotation type="Authority">Public Utilities Article, §§1–101(b), (f), and (k), 7–306(f)(5) and (h), 7–306.2(d)(3), 7–507(a), 7–510(f) and 7–510.3, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: February 5, 2024 (51:2 Md. R. 76)</annotation> </annotations> </chapter> <chapter num="12" heading="CCA Pilot Program Termination"> <regulation prefix="Regulation" num=".01" heading="Scope."> <text>This chapter applies to the planned or unplanned termination of Community Choice Aggregation (CCA) electric supply service.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Termination Plan."> <text>A CCA shall comply with the termination contingency plan approved for the CCA by the Commission.</text> </regulation> <regulation prefix="Regulation" num=".03" heading="Notice of Planned Program Termination."> <paragraph num="A."> <text>For the years 2028, 2029, and 2030, a CCA shall file with the Commission its current termination plan by April 15 of each year.</text> </paragraph> <paragraph num="B."> <text>The CCA shall include in the filing the planned termination date, or range of dates, for each electric company service territory.</text> </paragraph> <paragraph num="C."> <text>A CCA shall, no less than 16 months prior to the planned termination date of the pilot, notify the Commission and all affected electric distribution companies with CCA customers in the county of any planned program termination of CCA electric supply service that would result in CCA customers switching to SOS supply.</text> </paragraph> <paragraph num="D."> <text>The CCA shall include in the notice required by §B of this regulation:</text> <paragraph num="(1)"> <text>The CCA electric supply services in each electric company service territory to be terminated;</text> </paragraph> <paragraph num="(2)"> <text>The planned date or range of dates of termination for each electric company service territory;</text> </paragraph> <paragraph num="(3)"> <text>The number of customers served, by rate class, for each electric company service territory that the CCA plans to be switched to SOS;</text> </paragraph> <paragraph num="(4)"> <text>An explanation of how affected customers enrolled in the CCA will be notified of the planned electric supply service termination no less than 90 days prior to the termination date; and</text> </paragraph> <paragraph num="(5)"> <text>An explanation of why the electric supply service is being terminated.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Notice of Unplanned Program Termination."> <paragraph num="A."> <text>The CCA shall notify the Commission, all residential and small commercial electric customers in the county, and all electric companies with CCA customers in the county of any unplanned termination of CCA electric supply service that would result in CCA customers receiving SOS supply as soon as practicable.</text> </paragraph> <paragraph num="B."> <text>A CCA shall include in the notice to the Commission and electric distribution companies of unplanned CCA Pilot Program termination:</text> <paragraph num="(1)"> <text>The CCA electric supply services in each electric company service territory to be terminated;</text> </paragraph> <paragraph num="(2)"> <text>The planned date, or range of dates, of termination for each electric company service territory;</text> </paragraph> <paragraph num="(3)"> <text>The number of customers, by rate class, served for each electric company service territory that the CCA plans to be switched to SOS;</text> </paragraph> <paragraph num="(4)"> <text>An explanation of how affected customers enrolled in the CCA will be notified of the unplanned electric supply service termination; and</text> </paragraph> <paragraph num="(5)"> <text>An explanation of why the electric supply service is being terminated.</text> </paragraph> </paragraph> <paragraph num="C."> <text>A CCA shall include in the notice to affected residential and small commercial electric customers of unplanned CCA Pilot Program termination:</text> <paragraph num="(1)"> <text>The planned date, or range of dates, of termination for each electric company service territory; and</text> </paragraph> <paragraph num="(2)"> <text>An explanation that affected customers will be returned to SOS unless they enter into a retail supply contract.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="CCA Termination."> <paragraph num="A."> <text>A CCA shall coordinate with each electric company, the transfer of customers back to SOS upon termination of the CCA in order to mitigate the impact to SOS procurement.</text> </paragraph> <paragraph num="B."> <text>A CCA that transfers all customers to SOS shall be considered to be dissolved.</text> </paragraph> <paragraph num="C."> <text>A CCA may not re-form unless it has followed the procedures established by this subtitle for establishing a new CCA.</text> </paragraph> <paragraph num="D."> <text>A CCA may not recover from electric company customers or electric companies any stranded costs for electricity supply contracts entered into by the CCA or generation owned by the CCA.</text> </paragraph> <paragraph num="E."> <text>A county shall make reasonable efforts to mitigate any electric company SOS procurement costs associated with transferring CCA customers back to SOS upon termination of a CCA.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Sale by the CCA of Contracted Energy Supplies."> <paragraph num="A."> <text>Within 30 days of the termination date of the CCA, the county shall inform the Commission of any CCA power purchase agreements designated for the CCA load for electricity supply which will exceed necessary supply for CCA customers by filing with the Commission a notice of Excess Contracted Electricity Supply, as follows:</text> <paragraph num="(1)"> <text>The notice shall include a description of each power purchase agreement for electricity supply which will exceed necessary supply for CCA customers, including:</text> <paragraph num="(a)"> <text>Power purchase agreement duration;</text> </paragraph> <paragraph num="(b)"> <text>Remaining amount due to the contracted supplier;</text> </paragraph> <paragraph num="(c)"> <text>Any plan to resell the power purchase agreement or renegotiate the contract; and</text> </paragraph> <paragraph num="(d)"> <text>A statement of how the county intends to recover any power purchase agreement costs that are not recovered from CCA participants.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Within 180 days of the notice, the county shall file with the Commission a notice explaining the status of any contract identified in §A(1) of this regulation.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Mitigation of SOS Unplanned Load. A CCA returning customers to SOS shall make available to the affected electric company any excess contracted electricity supply with right of first refusal.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Public Utilities Article, §§1–101(b), (f), and (k), 7–306(f)(5) and (h), 7–306.2(d)(3), 7–507(a), 7–510(f) and 7–510.3, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: February 5, 2024 (51:2 Md. R. 76)</annotation> </annotations> </chapter> <chapter num="13" heading="Historical and Forecast Electricity Price Trends"> <regulation prefix="Regulation" num=".01" heading="Trend Analysis."> <text>A county shall include in its Aggregation Plan an analysis of historical and forecast trends in electricity prices, including:</text> <paragraph num="A."> <text>A graph or table of historical Residential and Type I SOS prices for the most recent 36 months of data available for each electric utility within the county; and</text> </paragraph> <paragraph num="B."> <text>A graph or table of a 36-month or longer forecast of residential and small commercial customer energy rates meeting baseline State renewable energy goals for each electric utility within the county.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Public Utilities Article, §§1–101(b), (f), and (k), 7–306(f)(5) and (h), 7–306.2(d)(3), 7–507(a), 7–510(f) and 7–510.3, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: February 5, 2024 (51:2 Md. R. 76)</annotation> </annotations> </chapter> <chapter num="14" heading="CCA Non-Commodity Fees and Charges Tariff Structure"> <regulation prefix="Regulation" num=".01" heading="Scope."> <text>This chapter applies to the rates, fees, and charges that a CCA may charge electric distribution customers within the county.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Permitted Fees, Taxes, and Charges."> <text>A CCA or its designated agents may not assess any fee, tax, or other charge bundled into the aggregation charges or rates billed to CCA customers that is not related to the cost of:</text> <paragraph num="A."> <text>Providing electricity supply and electricity supply service, including service from a generating station owned by the CCA;</text> </paragraph> <paragraph num="B."> <text>Promoting the use of renewable energy;</text> </paragraph> <paragraph num="C."> <text>Promoting electric company energy efficiency programs for electric companies within the county such that:</text> <paragraph num="(1)"> <text>Any promotion shall be conducted in consultation with the electric company and the Department of Housing and Community Development; and</text> </paragraph> <paragraph num="(2)"> <text>The county may not promote electric company energy efficiency programs not approved by the Commission; or</text> </paragraph> </paragraph> <paragraph num="D."> <text>Providing and promoting programs supplemental to programs permitted in §C(2) of this regulation.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Description of Non-Commodity Charges and Rates."> <text>A CCA shall separately state any components of bundled charges or rates permitted by Regulation .02 of this chapter as a separate line item in its published terms and conditions of service.</text> </regulation> <regulation prefix="Regulation" num=".04" heading="Separate Billing of Non-Bundled Charges."> <text>A CCA may not send a separate bill to a customer for the same costs the electric company purchases from the CCA, per COMAR 20.63.05.</text> </regulation> <annotations> <annotation type="Authority">Public Utilities Article, §§1–101(b), (f), and (k), 7–306(f)(5) and (h), 7–306.2(d)(3), 7–507(a), 7–510(f) and 7–510.3, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: February 5, 2024 (51:2 Md. R. 76)</annotation> </annotations> </chapter> <chapter num="15" heading="Data Exchange"> <regulation prefix="Regulation" num=".01" heading="Scope."> <text>This chapter applies to enrollment transactions and data exchanged between an electric distribution company and a CCA or its designated agents.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Standards."> <text>For all data exchanges aside from exchanges using Maryland standard electronic data exchange, per COMAR 20.53.01.03, electric companies and a CCA shall mutually agree upon a standardized approach subject to Commission approval.</text> </regulation> <regulation prefix="Regulation" num=".03" heading="Cybersecurity."> <text>CCA and electric companies shall maintain the exchange of data in a manner consistent with good cybersecurity practice.</text> </regulation> <regulation prefix="Regulation" num=".04" heading="Electric Company Instructions."> <paragraph num="A."> <text>An electric company shall provide a CCA with written instructions on how to access, via the approved Commission methods, the customer lists and other information provided under this chapter.</text> </paragraph> <paragraph num="B."> <text>An electric company may provide data exchange procedures for CCAs via tariff.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Operating Procedures."> <text>A CCA shall comply with directions provided by an electric company regarding transmission and security of customer data.</text> </regulation> <annotations> <annotation type="Authority">Public Utilities Article, §§1–101(b), (f), and (k), 7–306(f)(5) and (h), 7–306.2(d)(3), 7–507(a), 7–510(f) and 7–510.3, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: February 5, 2024 (51:2 Md. R. 76)</annotation> </annotations> </chapter> <chapter num="16" heading="Data Privacy"> <regulation prefix="Regulation" num=".01" heading="Scope."> <text>This chapter applies to electricity supply services that a CCA or its designated agents provide to residential and small commercial electric customers.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Good Cybersecurity Practice."> <text>All CCAs shall follow good cybersecurity practice.</text> </regulation> <regulation prefix="Regulation" num=".03" heading="Cybersecurity Plans."> <text>As part of its Aggregation Plan, as described in COMAR 20.63.11.02, the CCA shall submit to the Commission a proposed cybersecurity plan, including:</text> <paragraph num="A."> <text>Cybersecurity-related governance, risk management, procurement practices, personnel hiring, training policies, situational awareness, response, recovery, and transparent reporting of cybersecurity incidents to State and federal entities;</text> </paragraph> <paragraph num="B."> <text>How the CCA will inform the Commission of a cybersecurity breach; and</text> </paragraph> <paragraph num="C."> <text>An explanation of the application of the county’s cybersecurity plan, policies, procedures, and support to the CCA, if applicable.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Disclosure of Customer Information."> <paragraph num="A."> <text>A CCA or its Aggregation Supplier may not disclose customer information provided to the CCA or its Aggregation Suppliers by the electric company or collected from the customer as part of the CCA, including a customer’s billing, payment, enrollment, and credit information, to an entity other than the electric company without the customer’s written or electronic consent, except that a CCA may disclose a customer’s billing, payment, enrollment, and credit information but only if necessary to facilitate billing, bill collection, enrollment, or credit reporting.</text> </paragraph> <paragraph num="B."> <text>A CCA shall provide, upon request of the customer, a copy of the CCA’s customer information privacy policy via the CCA website or by mail.</text> </paragraph> <paragraph num="C."> <text>The Aggregation Supplier shall protect all customer information when it ceases to be the CCA’s Aggregation Supplier or the CCA is terminated, and the Aggregation Supplier may not use for marketing purposes any information obtained as the Aggregation Supplier once it ceases to be the Aggregation Supplier.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Public Utilities Article, §§1–101(b), (f), and (k), 7–306(f)(5) and (h), 7–306.2(d)(3), 7–507(a), 7–510(f) and 7–510.3, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: February 5, 2024 (51:2 Md. R. 76)</annotation> </annotations> </chapter> <chapter num="17" heading="Transition to CCA from SOS"> <regulation prefix="Regulation" num=".01" heading="Scope."> <text>This regulation addresses the initial transition of customers in Montgomery County from SOS to CCA default service.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Transition Schedule."> <paragraph num="A."> <text>A CCA shall follow the CCA Transition Schedule approved by the Commission.</text> </paragraph> <paragraph num="B."> <text>A CCA may not transmit enrollment transactions for CCA Basic Service to an electric company prior to the start date of the CCA Transition Schedule approved by the Commission.</text> </paragraph> <paragraph num="C."> <text>A CCA shall complete the initial transmission of enrollment transactions of customer accounts to the electric company in the amount of time allowed by the CCA Transition Schedule approved by the Commission.</text> </paragraph> <paragraph num="D."> <text>For customers that were not enrolled by the CCA during the initial Commission-approved transition period, the CCA may enroll these customers according to the transfers of service permitted by COMAR 20.63.04.02.</text> </paragraph> <paragraph num="E."> <text>10 days prior to the start of the CCA transition period, a CCA shall advise each electric company of the number of residential and small commercial accounts which the CCA expects to transfer from SOS according to the approved transition schedule.</text> </paragraph> <paragraph num="F."> <text>An electric company shall establish a means to communicate regarding the daily transfer of accounts from SOS to CCA service to assure a smooth transition from SOS to CCA service during the transition schedule.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Transition Reporting."> <paragraph num="A."> <text>A CCA shall prepare, for each impacted electric company, a report filed with the Public Service Commission as soon as possible, but no later than 30 calendar days after the end of the approved CCA Transition Schedule.</text> </paragraph> <paragraph num="B."> <text>Each impacted electric company shall assist the CCA to the extent requested by the CCA.</text> </paragraph> <paragraph num="C."> <text>The report described in §A shall include:</text> <paragraph num="(1)"> <text>A tabulation of the number and type of customer accounts that have been enrolled in CCA service;</text> </paragraph> <paragraph num="(2)"> <text>A description of differences in the transition from SOS to CCA service from the approved Aggregation Plan transition period;</text> </paragraph> <paragraph num="(3)"> <text>A summary of enrollment errors, if any, and the status of correction and mitigation of errors;</text> </paragraph> <paragraph num="(4)"> <text>A description of any outstanding issues from the transition requiring immediate Commission attention; and</text> </paragraph> <paragraph num="(5)"> <text>Recommended actions, if any.</text> </paragraph> </paragraph> </regulation> <annotations> <annotation type="Authority">Public Utilities Article, §§1–101(b), (f), and (k), 7–306(f)(5) and (h), 7–306.2(d)(3), 7–507(a), 7–510(f) and 7–510.3, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: February 5, 2024 (51:2 Md. R. 76)</annotation> </annotations> </chapter> <chapter num="18" heading="Recovery of Uncollectible SOS Expense from CCA Customers"> <regulation prefix="Regulation" num=".01" heading="Scope."> <text>This chapter addresses possible Commission allocation of SOS uncollectible costs to CCA customers, per Public Utilities Article, §7-510.3(p), Annotated Code of Maryland.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Identification of Delinquent Accounts Receivable Attributable to CCA Customers at the CCA Start of Service."> <text>No later than 90 days prior to the date established by the Commission to begin enrollment of customers in a CCA, an electric company shall calculate and file with the Commission the following relating to a transfer of the electric company’s customers from SOS to the CCA:</text> <paragraph num="A."> <text>An estimate of the amount of SOS uncollectible expense which would be attributable to all residential and small commercial SOS customers in the county at the start of CCA service.</text> </paragraph> <paragraph num="B."> <text>An estimate of the change in the SOS administrative charge or other charges used to recover SOS uncollectible expense based on a range of expected numbers of accounts that would transfer to the CCA from SOS service.</text> </paragraph> <paragraph num="C."> <text>A proposed allocation or assignment to the CCA of the estimated SOS uncollectible expense identified in §A of this regulation, which would, if the change in SOS administrative charges materially adversely impacts the cost of providing SOS, mitigate the change in SOS administrative charges identified in §B of this regulation.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Recovery of CCA Uncollectible Expense."> <paragraph num="A."> <text>An electric utility shall propose to the Commission a tariff provision that establishes a means to recover the estimated SOS uncollectible expense proposed in Regulation .01 of this chapter.</text> </paragraph> <paragraph num="B."> <text>An electric utility shall propose the recovery of CCA uncollectible expense as part of a discount rate tariff that is used for purchased receivables for a CCA using utility consolidated billing to be recovered over a 12-month period following enrollment of customers in the CCA or as otherwise accepted by the Commission.</text> </paragraph> <paragraph num="C."> <text>An electric utility may propose an alternate tariff method of recovery of CCA uncollectible expense for a CCA using other billing methods.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Public Utilities Article, §§1–101(b), (f), and (k), 7–306(f)(5) and (h), 7–306.2(d)(3), 7–507(a), 7–510(f) and 7–510.3, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: February 5, 2024 (51:2 Md. R. 76)</annotation> </annotations> </chapter> <chapter num="19" heading="SOS Risk Mitigation and Pilot Annual Reporting"> <regulation prefix="Regulation" num=".01" heading="Scope."> <text>This regulation addresses the responsibilities of a county serving as a CCA to monitor and mitigate the risks to SOS from the potential for customers to migrate from CCA service to SOS.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="CCA Monthly Reporting."> <text>A CCA shall, on a monthly basis, monitor and file with the Commission, and file copies in all Commission dockets pertaining to the SOS Procurement Improvement Process and Community Choice Aggregation, the following data on a calendar monthly basis beginning with the data for the second month after the start of the transition of accounts to CCA service, and the filing shall include:</text> <paragraph num="A."> <text>The number of accounts enrolled in CCA service, broken down by electric company rate class and electric company service territory;</text> </paragraph> <paragraph num="B."> <text>The number of accounts which leave CCA service each month broken down by electric company rate class and electric company service territory;</text> </paragraph> <paragraph num="C."> <text>Rates, charges, and fees for each service option provided by the CCA for each electric company service area;</text> </paragraph> <paragraph num="D."> <text>The renewable energy content for each service option provided by the CCA for each electric company service area;</text> </paragraph> <paragraph num="E."> <text>Monthly total enrollment for each service option provided by the CCA for each electric company service area;</text> </paragraph> <paragraph num="F."> <text>Summary of customer complaints received by the CCA;</text> </paragraph> <paragraph num="G."> <text>Explanation of anticipated changes in service offerings;</text> </paragraph> <paragraph num="H."> <text>Summary of CCA procurement by electric company service area; and</text> </paragraph> <paragraph num="I."> <text>Explanation of anticipated changes in CCA procurement.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Risk Mitigation Monitoring."> <text>As soon as practicable, but in no circumstance more than 30 days after the CCA becomes aware of the information requiring notification under this regulation, if the CCA determines that sufficient migration may occur that would trigger detrimental SOS procurement changes prior to or during the next SOS procurement cycle or subsequent SOS procurement cycles, the CCA shall:</text> <paragraph num="A."> <text>Notify the Commission, the Procurement Improvement Process Workgroup, the electric companies serving accounts in Montgomery County, and other interested parties;</text> </paragraph> <paragraph num="B."> <text>Consult with the Commission staff, the electric companies serving accounts in Montgomery County, the Office of People’s Counsel, and Prince George’s County; and</text> </paragraph> <paragraph num="C."> <text>Recommend to the Commission a course of action to mitigate detrimental impact to SOS service or SOS customers.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Risk Mitigation."> <paragraph num="A."> <text>The CCA shall employ measures to mitigate price volatility for CCA customers, as referenced in the CCA’s Aggregation Plan.</text> </paragraph> <paragraph num="B."> <text>The CCA shall employ measures to mitigate the risk of Aggregation Suppliers’ or other suppliers’ failure to provide contracted services, as referenced in the CCA’s Aggregation Plan.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Pilot Annual Reporting."> <paragraph num="A."> <text>The purpose of this regulation is to provide necessary data for annual reporting of the Community Choice Energy Workgroup.</text> </paragraph> <paragraph num="B."> <text>The CCA shall provide the following information to the Commission on or before August 1 of each year that the CCA provides supply service in the county, and the filing shall include:</text> <paragraph num="(1)"> <text>Rates, charges, and fees for each service option provided by the CCA for 12 months prior to June 1 of that year for each electric company service area;</text> </paragraph> <paragraph num="(2)"> <text>The renewable energy content for each service option provided by the CCA for 12 months prior to June 1 of that year for each electric company service area;</text> </paragraph> <paragraph num="(3)"> <text>Monthly total enrollment for each service option provided by the CCA for 12 months prior to June 1 of that year for each electric company service area;</text> </paragraph> <paragraph num="(4)"> <text>Summary of customer complaints received by the CCA for 12 months prior to June 1 of that year;</text> </paragraph> <paragraph num="(5)"> <text>Explanation of anticipated changes in service offerings over the next 12 months;</text> </paragraph> <paragraph num="(6)"> <text>Summary of CCA procurement by electric company service area over the past 12 months; and</text> </paragraph> <paragraph num="(7)"> <text>Explanation of anticipated changes in CCA procurement over the next 12 months.</text> </paragraph> </paragraph> </regulation> <annotations> <annotation type="Authority">Public Utilities Article, §§1–101(b), (f), and (k), 7–306(f)(5) and (h), 7–306.2(d)(3), 7–507(a), 7–510(f) and 7–510.3, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: February 5, 2024 (51:2 Md. R. 76)</annotation> </annotations> </chapter> <chapter num="20" heading="CCA Coordination Tariff"> <regulation prefix="Regulation" num=".01" heading="Scope."> <text>This chapter applies to the use by electric companies of a tariff to govern the requirements for a county serving as a CCA, Aggregation Suppliers, or agents thereof.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Tariffs."> <paragraph num="A."> <text>Introduction of a CCA Coordination Tariff.</text> <paragraph num="(1)"> <text>An electric company serving customers within Montgomery County shall, within 60 days after the Commission adopts the regulations for final publication, file with the Commission proposed tariff language to address the electric company’s interactions with a CCA for the duration of the Pilot.</text> </paragraph> <paragraph num="(2)"> <text>An electric company may incorporate the tariff provisions required by this chapter in the company’s existing Electricity Supplier Coordination Tariff.</text> </paragraph> <paragraph num="(3)"> <text>Each electric company serving accounts in Montgomery County shall coordinate with the other electric companies serving accounts in Montgomery County to propose consistent tariff provisions.</text> </paragraph> </paragraph> <paragraph num="B."> <text>An electric company shall include at least the following terms and conditions in its tariff for CCA interactions:</text> <paragraph num="(1)"> <text>Billing and payment collection;</text> </paragraph> <paragraph num="(2)"> <text>Dispute resolution;</text> </paragraph> <paragraph num="(3)"> <text>Financial settlement;</text> </paragraph> <paragraph num="(4)"> <text>Losses;</text> </paragraph> <paragraph num="(5)"> <text>Metering services;</text> </paragraph> <paragraph num="(6)"> <text>PJM interconnection requirements;</text> </paragraph> <paragraph num="(7)"> <text>Scheduling; and</text> </paragraph> <paragraph num="(8)"> <text>Utility charges.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Pilot Cost Recovery."> <paragraph num="A."> <text>Updates to CCA Uncollected Cost Recovery Methods.</text> <paragraph num="(1)"> <text>An electric company shall continuously track a CCA’s uncollectible expense, as described in COMAR 20.63.18 for the duration of the Pilot.</text> </paragraph> <paragraph num="(2)"> <text>An electric company shall file revised tariffs for CCA uncollectible expense recovery at least annually.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Pilot Administrative Expense Recovery. In addition to those required by §A of this regulation, an electric company shall propose to the Commission a tariff provision that establishes a means to recover the following estimated expenses attributable to the CCA:</text> <paragraph num="(1)"> <text>Cash working capital component.</text> </paragraph> <paragraph num="(2)"> <text>Program development cost component.</text> </paragraph> <paragraph num="(3)"> <text>Purchase of receivable risk component.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Purchase of Receivables Discount Rates.</text> <paragraph num="(1)"> <text>An electric company shall propose the recovery of administrative expense required by §B of this regulation as part of a discount rate tariff that is used for purchased receivables for a CCA using utility consolidated billing.</text> </paragraph> <paragraph num="(2)"> <text>An electric company shall continuously track a CCA’s administrative expense, as described in §B of this regulation for the duration of the Pilot.</text> </paragraph> <paragraph num="(3)"> <text>An electric company shall file revised tariffs for CCA administrative expense recovery at least annually.</text> </paragraph> </paragraph> <paragraph num="D."> <text>An electric company may propose tariff language to establish a method that is different than §C of this regulation for recovery of CCA administrative expense for a CCA.</text> </paragraph> <paragraph num="E."> <text>All Commission-approved CCA-related costs incurred by an electric company shall be recovered from the CCA through tariff provisions, per §§B—D of this regulation.</text> </paragraph> <paragraph num="F."> <text>An electric company may propose costs related to the Pilot in addition to those listed in §§A and B of this regulation for recovery via the methods described in §C or D of this regulation.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Public Utilities Article, §§1–101(b), (f), and (k), 7–306(f)(5) and (h), 7–306.2(d)(3), 7–507(a), 7–510(f) and 7–510.3, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: February 5, 2024 (51:2 Md. R. 76)</annotation> </annotations> </chapter> </subtitle> <subtitle num="65" heading="Radio and Telecommunications Service" /> <subtitle num="70" heading="Service Supplied by Water Companies"> <chapter num="01" heading="General"> <regulation prefix="Regulation" num=".01" heading="Authorization of Regulations."> <text>The Public Utilities Article, Annotated Code of Maryland, provides that the Commission shall have the power to make such reasonable regulations as it deems necessary to carry out the provisions of this law and any other law relating to the Commission.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Application of Regulations."> <paragraph num="A."> <text>Application. These regulations apply to any water utility operating within the State, under the jurisdiction of the Commission.</text> </paragraph> <paragraph num="B."> <text>Purpose. These regulations are intended to promote safe and adequate service to the public, to provide standards for uniform and reasonable practices by utilities, and to outline the responsibility of the public in requesting and receiving service from the utilities.</text> </paragraph> <paragraph num="C."> <text>Exemption. If unreasonable hardship to a utility or to a customer results from the application of any of these regulations, application may be made to the Commission for the modification of the regulation or for temporary or permanent exemption from its requirements.</text> </paragraph> <paragraph num="D."> <text>Modification. The adoption of these regulations does not preclude the Commission from altering or amending them, or from making such modifications with respect to their application as may be found necessary to meet exceptional conditions.</text> </paragraph> <paragraph num="E."> <text>Duties Under Other Statutes. These regulations do not relieve any utility from any of its duties under the laws of this State.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Definitions."> <paragraph num="A."> <text>In this subtitle, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Commission” means the Public Service Commission of Maryland.</text> </paragraph> <paragraph num="(2)"> <text>“Customer” means a person, partnership, association, corporation, or governmental agency being provided with water service by a utility.</text> </paragraph> <paragraph num="(3)"> <text>“Main” means a water pipe, owned, operated, or maintained by a water company, which is used for the transmission or distribution of water, but does not include “service pipe.”</text> </paragraph> <paragraph num="(4)"> <text>“Meter”, without other qualification, means a device or instrument which is used by a utility in measuring a quantity of water for billing purposes.</text> </paragraph> <paragraph num="(5)"> <text>“Premises” means a tract of land or real estate, including buildings and other appurtenances on it.</text> </paragraph> <paragraph num="(6)"> <text>“Service pipe” means the pipe which runs from the main to the customer's premises.</text> </paragraph> <paragraph num="(7)"> <text>“Utility” means a “water company” as defined in Public Utilities Article, §1-101, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(8)"> <text>“Water plant” means plant and property owned by a water utility, used in its business operations of providing water service to its customers.</text> </paragraph> </paragraph> </regulation> <annotations> <annotation type="Authority">Public Utilities Article, §§2-113, 2-121, 5-101, and 5-308, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: July 1, 1968 (Order No. 57171)</annotation> </annotations> </chapter> <chapter num="02" heading="Engineering"> <regulation prefix="Regulation" num=".01" heading="Authorization for Construction."> <text>An individual, corporation, firm, partnership, association, company, cooperative, joint stock company or association, or any other form of business enterprise, may not commence any construction of a water system for public use without the prior authorization of the Commission, which shall be granted only upon a finding by the Commission that to do so is in the public interest.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Good Engineering Practice."> <text>The water plant of the utility shall be constructed, installed, maintained, and operated in accordance with accepted good engineering practice in the water industry to assure, as far as reasonably possible, continuity of service, uniformity in the quality of service furnished, and the safety of persons and property.</text> </regulation> <regulation prefix="Regulation" num=".03" heading="Design and Construction Requirements."> <text>The design and construction of the water plant shall conform to the requirements of the Department of the Environment.</text> </regulation> <regulation prefix="Regulation" num=".04" heading="Inspection of Water Plant."> <text>Each utility shall adopt a program of inspection of its water plant in order to determine the necessity for replacement and repair. The frequency of the various inspections shall be based on the utility's experience and accepted good practice. Each utility shall keep sufficient records to give evidence of compliance with its inspection program.</text> </regulation> <regulation prefix="Regulation" num=".05" heading="Mains."> <paragraph num="A."> <text>Depth of Mains. Water mains should be installed below the frost line or be otherwise protected to minimize the possibility of freezing and shall have not less than 30 inches of cover except where this depth is not feasible due to underground obstructions or rocky or hardpan conditions.</text> </paragraph> <paragraph num="B."> <text>Dead Ends. The utility should design its distribution system so as to avoid dead ends in its mains. When dead ends cannot be avoided, the mains shall be flushed as often as necessary to maintain the proper quality of the water.</text> </paragraph> <paragraph num="C."> <text>Segmentation of System. Valves shall be provided at reasonable intervals in distribution mains so that, in case of breaks or repairs, a minimum number of customers will be affected. When feasible, valves shall be provided in the mains at intervals not to exceed one continuous block or 500 feet, whichever is greater, except where a dead end run is not intended to serve any intervening customers.</text> </paragraph> <paragraph num="D."> <text>Grid Systems. The distribution system should be laid out in a properly segmented grid so that, in case of breaks or repairs, a minimum number of customers will be affected.</text> </paragraph> <paragraph num="E."> <text>Minimum Pipe Sizes. The distribution system shall be of adequate size and designed to maintain the pressures within the range required by COMAR 20.70.07.02. The pipe used in the system should be at least 6 inches in size. In special cases pipes of the sizes listed below may be installed. However, the maximum length from any connecting main at least 6 inches in size should not exceed the following:</text> <paragraph num="(1)"> <text>1-inch ------------------ 150 feet;</text> </paragraph> <paragraph num="(2)"> <text>1-1/2-inch --------------300 feet;</text> </paragraph> <paragraph num="(3)"> <text>2-inch ------------------ 500 feet.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Service Pipe."> <paragraph num="A."> <text>Utility's Service Pipe. The utility shall furnish, install, and maintain the following:</text> <paragraph num="(1)"> <text>Corporation stop;</text> </paragraph> <paragraph num="(2)"> <text>Service pipe from main to curb stop or outlet of outdoor meter setting;</text> </paragraph> <paragraph num="(3)"> <text>Curb stop; and</text> </paragraph> <paragraph num="(4)"> <text>Curb box.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Curb Stop. Curb stops are for the exclusive use of the utility for control of the water supply to individual customers and should not be located on the customer's property. The control of the water supply by the customer shall be by means of a separate valve, located just inside the building wall.</text> </paragraph> <paragraph num="C."> <text>Customer's Service Pipe. The customer shall be responsible for furnishing, installing, and maintaining the service pipe from the curb stop or outlet of outdoor meter setting to the place of consumption on his premises.</text> </paragraph> <paragraph num="D."> <text>Construction Standards. The service pipe shall be constructed of approved materials and shall be installed and maintained in accordance with accepted good practice and in conformance with applicable codes or governmental regulations.</text> </paragraph> <paragraph num="E."> <text>Cover and Size. All service pipes should be installed below the frost line or be otherwise protected to minimize the possibility of freezing and shall have at least 3 feet of cover. All service pipes shall be at least 3/4 inch inside diameter.</text> </paragraph> <paragraph num="F."> <text>Proximity to Sewer Pipe. A water service pipe may not be laid in the same trench with sewer pipe.</text> </paragraph> <paragraph num="G."> <text>Valve Required. Every service pipe shall be provided with a valve and waste cock on the inside of the foundation wall adjacent to the location where the pipe passes through it, easily accessible, and fully protected from freezing. All pipes in the building shall be laid in such a way that they can be fully drained by the waste cock.</text> </paragraph> <paragraph num="H."> <text>Inspection. If a governmental agency requires an inspection of the customer's plumbing then the utility may not connect the service until it receives a notice from the inspecting agency certifying that the customer's plumbing is satisfactory.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Meters."> <paragraph num="A."> <text>Meter Installation. The utility shall furnish, install, and maintain all meters. Utilities should make available to customer's plumbers sketches of standard meter installations which show the way in which the customer's portion of the installation should be made.</text> </paragraph> <paragraph num="B."> <text>Meter Location. The meter shall be set at a location designated by the utility on the delivery side of the curb stop, and may be inside the building or it may be outside, near the property line, in an appropriate box or vault. If the customer desires any change in the location or position of the meter, meter box, or vault, after they have been installed, the change in location shall be made by the utility at the expense of the customer.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Fire Protection."> <text>Specifications, location, installation, maintenance, and ownership of fire hydrants, mains, and other fire protection facilities are subject to negotiation between the utility and the applicant. Fire hydrants for public fire protection should not be connected to mains smaller than 6 inches.</text> </regulation> <regulation prefix="Regulation" num=".09" heading="Temporary Service."> <text>When the utility renders temporary service to a customer, it may require that the customer bear all the cost of installing and removing the service in excess of any salvage realized.</text> </regulation> <regulation prefix="Regulation" num=".10" heading="Main Extensions."> <paragraph num="A."> <text>Applications. Applications for extensions of water mains shall be made in writing.</text> </paragraph> <paragraph num="B."> <text>Ownership of Extensions. Any facilities installed in connection with the extension of mains shall become the property of the utility.</text> </paragraph> <paragraph num="C."> <text>Construction Specifications. The size, type, quality of materials, and their location shall be specified by the utility and the actual construction shall be done by the utility or by a constructing agency acceptable to it.</text> </paragraph> <paragraph num="D."> <text>Calculating Length of Extension. In arriving at the length of main extension necessary to render service at any point, the distance from the point to the nearest main shall be considered along lines of proper construction, due consideration being given to the general layout of the system.</text> </paragraph> <paragraph num="E."> <text>Electing Alternate Route. When the property of the applicant is located adjacent to a street or highway exceeding 70 feet in width, or a freeway, waterway, or railroad right-of-way, the utility may elect to install a main extension on the same side thereof as the property of the applicant, and the estimated cost in the case may be based on such an extension.</text> </paragraph> <paragraph num="F."> <text>Established Grades Required. The utility may not be required to make extensions where grades have not been brought to those established by public authority.</text> </paragraph> <paragraph num="G."> <text>Requirements of Public Authorities. When an extension must comply with an ordinance, regulation, or specification of a public authority, the estimated cost of the extension shall be based upon the facilities needed to comply with the requirements.</text> </paragraph> <paragraph num="H."> <text>Utility's Portion of Extension. The utility shall extend its water mains to serve new customers, other than subdivisions, housing projects, industrial developments, etc., at its own expense, when the cost of the required total length of main extension is not in excess of three times the estimated annual revenue to be derived from the extension, which amount shall be designated the “allowance.”</text> </paragraph> <paragraph num="I."> <text>Estimated Annual Revenue. For the purpose of these regulations, the estimated annual revenue for residential service shall be the utility's average annual revenue per residential customer for the prior calendar year, this average to be effective on April 1st and used until the following April 1st. In unusual cases and for other classes of service, the utility may estimate the annual revenue to be derived in each case.</text> </paragraph> <paragraph num="J."> <text>Customer's Portion of Extension. If the estimated cost of the required total length of main extension is in excess of the “allowance” for the service connections applied for, the applicant for the service shall be required to advance to the utility before construction is commenced that portion of the estimated cost of the extension over and above the “allowance.” The amount of the advance to the utility may not include any costs of increasing the size or capacity of the utility's existing mains or any other facilities used or necessary in connection with the proposed extension, except as provided in §L, of this regulation. If the actual cost of the extension is less than the estimated cost, the utility shall promptly refund to the applicant any overpayment.</text> </paragraph> <paragraph num="K."> <text>Division of Customer's Portion of Extension. When more than one applicant is involved and an advance is required in payment for a main extension in excess of the “allowance,” the amount of the advance shall be divided equally among the applicants, except that some different allocation may be approved by the utility under special conditions.</text> </paragraph> <paragraph num="L."> <text>Extensions to New Subdivisions and other Developments. An applicant for a main extension to serve a new subdivision, tract, housing project, or industrial development shall be required to advance to the utility before construction is commenced the estimated reasonable cost of installation of the mains, from the nearest existing main at least equal in size to the main required to serve the development, including necessary service stubs or service pipelines, fittings, valves, and housings therefor, and including fire hydrants when requested by the applicant or when required by public authority, exclusive of meters. If additional facilities are required specifically to provide supply, storage, or pressure exclusively for the service requested, the cost of the facilities may be included in the advance upon approval by the Commission.</text> </paragraph> <paragraph num="M."> <text>Basis For Refunds. For each new customer connected to an extension on which the utility holds refundable deposits, the utility shall refund three times the estimated annual revenue to be derived from the customer. Refunds shall be made within 90 days after the new customer's service is connected and shall be made to the depositors who advanced the money for the extension. If more than one depositor is entitled to receive a refund, the total amount shall be divided in proportion to the amount of the unrefunded advance of each depositor.</text> </paragraph> <paragraph num="N."> <text>Disposition of Advances. Advances which may be required from applicants in payment for extensions will be held by the utility without interest. Refunds shall be made in accordance with these regulations and no depositor will have refunded to him an amount in excess of the amount of his advance. Any amount remaining unrefunded at the end of 10 years from the date the advance was received by the utility shall be retained by the utility and transferred to the Contributions in Aid of Construction account.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Public Utilities Article, §§2-121, 5-101, and 5-303, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: July 1, 1968 (Order No. 57171)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 amended effective May 14, 2001 (28:9 Md. R. 889)</annotation> </annotations> </chapter> <chapter num="03" heading="Records and Reports"> <regulation prefix="Regulation" num=".01" heading="Availability of Records."> <text>All records required by these regulations or necessary for the administration of them shall be made available for examination by the Commission or its authorized representatives.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Retention of Records."> <text>Unless otherwise specified by the Commission, all records required by these regulations shall be preserved for the period of time specified in the current edition of the National Association of Regulatory Utilities Commissioners' publication, “Regulations to Govern the Preservation of Records of Electric, Gas and Water Utilities”.</text> </regulation> <regulation prefix="Regulation" num=".03" heading="Tariff."> <text>Each utility shall file with the Commission a copy of its tariff which shall include:</text> <paragraph num="A."> <text>Rates. Each schedule of rates for service.</text> </paragraph> <paragraph num="B."> <text>Rules. The utility's rules, or terms and conditions, describing the utility's policies and practices in rendering service.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Information to be Filed With the Commission."> <paragraph num="A."> <text>Special Contracts. Each utility shall file with the Commission a copy of each contract for service not covered by the utility's filed tariff.</text> </paragraph> <paragraph num="B."> <text>Installation Rules. Each utility shall file with the Commission a copy of the utility's rules, if any, designed by the utility for the use of engineers, architects, contractors, etc., covering service installations.</text> </paragraph> <paragraph num="C."> <text>Bill Forms. Each utility shall file with the Commission a sample of each type of customer bill form, which shall include the information normally shown on a customer's bill for service.</text> </paragraph> <paragraph num="D."> <text>Map of System. Each utility shall file with the Commission a map showing the utility's water system. This map shall be revised annually unless no revision is necessary, to reflect a material change in the items listed below. The map on file should reflect the current status of the following items:</text> <paragraph num="(1)"> <text>Location of pumping stations, treatment plants, and sources of supply;</text> </paragraph> <paragraph num="(2)"> <text>Storage facilities;</text> </paragraph> <paragraph num="(3)"> <text>Mains by size;</text> </paragraph> <paragraph num="(4)"> <text>Location of valves and fire hydrants;</text> </paragraph> <paragraph num="(5)"> <text>Service area;</text> </paragraph> <paragraph num="(6)"> <text>Names of all communities (post offices) served.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Persons to Contact. Each utility shall file with the Commission the name, title, address, and telephone number of the person who should be contacted in connection with the following areas of operation, and shall notify the Commission promptly of any changes:</text> <paragraph num="(1)"> <text>Management;</text> </paragraph> <paragraph num="(2)"> <text>Customer relations (complaints);</text> </paragraph> <paragraph num="(3)"> <text>Engineering;</text> </paragraph> <paragraph num="(4)"> <text>Meter tests and repairs; and</text> </paragraph> <paragraph num="(5)"> <text>Emergencies during non-office hours.</text> </paragraph> </paragraph> <paragraph num="F."> <text>Fatal Accident Notice. In the event of a fatal accident, prompt notice shall be given to the Commission by telephone.</text> </paragraph> <paragraph num="G."> <text>Accident Notice. Each utility shall file with the Commission an “Accident Notice” report, on forms provided by the Commission, within 30 days after the end of any month during which an accident occurred.</text> </paragraph> <paragraph num="H."> <text>Construction Reports. Each utility shall file with the Commission a notification of all proposed important additions to plant, the construction of which was started by the utility during the preceding month. For the purpose of this regulation, an important addition to plant means a single project involving the expenditure of at least $50,000, or an amount equivalent to at least 10 percent of the total water plant in service, whichever is less. The notification shall be submitted, in duplicate, on forms supplied by the Commission. One copy will be numbered for identification and returned to the utility to be completed and returned to the Commission when the construction of the project has been completed to the extent that the facility was placed in operation during the preceding month.</text> </paragraph> <paragraph num="I."> <text>Location of Records. Each utility shall notify the Commission of the location at which it keeps the various classes of records required by these regulations.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Public Utilities Article, §§2-121, 5-101, 5-302, and 6-201—6-210, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: July 1, 1968 (Order No. 57171)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04D, F amended effective March 18, 2013 (40:5 Md. R. 412)</annotation> </annotations> </chapter> <chapter num="04" heading="Customer Relations"> <regulation prefix="Regulation" num=".01" heading="Applications For Service."> <paragraph num="A."> <text>Applications. All applications for water service should be made in writing.</text> </paragraph> <paragraph num="B."> <text>Application Constitutes Contract. The accepted application shall constitute a contract between the company and the applicant, obligating the applicant to pay for water service in accordance with the utility's tariff currently on file with the Commission, and to comply with this subtitle.</text> </paragraph> <paragraph num="C."> <text>Termination of Service. When a customer desires to have his service terminated, he shall notify the utility and the notification should be in writing.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Information For Customers."> <paragraph num="A."> <text>System Maps or Records. Each utility shall maintain up-to-date maps, plans, or records of its entire transmission and distribution systems, with such other information as may be necessary to enable the utility to advise prospective customers and others entitled to the information, as to the facilities available for serving customers within its service area.</text> </paragraph> <paragraph num="B."> <text>Selecting Rate Schedule. Each utility shall assist the customer or prospective customer in selecting the most economical rate schedule.</text> </paragraph> <paragraph num="C."> <text>Notifying Customers. Each utility shall notify customers affected by a change in rates or schedule classification.</text> </paragraph> <paragraph num="D."> <text>Tariff Notice. Each utility shall post a notice in a conspicuous place in each office of the utility where applications for service are received, informing the public that a copy of its tariff, as filed with the Commission, is available for inspection.</text> </paragraph> <paragraph num="E."> <text>Meter Reading Instruction. Upon request, each utility shall inform its customers as to the method of reading meters.</text> </paragraph> <paragraph num="F."> <text>Other Information. Each utility shall furnish such additional information as the customer may reasonably request.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Customer Deposits."> <text>Each utility may require from a customer a deposit to be applied against any unpaid balance due the utility for service at the time service is terminated, in accordance with the provisions of COMAR 20.30.</text> </regulation> <regulation prefix="Regulation" num=".04" heading="Bill Forms."> <text>The bill forms shall show:</text> <paragraph num="A."> <text>Meter Reading. The reading of the meter at the end of the period for which the bill is rendered.</text> </paragraph> <paragraph num="B."> <text>Meter Reading Date. The date on which the meter was read.</text> </paragraph> <paragraph num="C."> <text>Units Used. The number and kind of units metered.</text> </paragraph> <paragraph num="D."> <text>Rate Schedule. The applicable rate schedule, or identification of the applicable rate schedule. If the actual rates are not shown, the bill shall carry a statement to the effect that, on request, the applicable rate schedule will be made available for examination.</text> </paragraph> <paragraph num="E."> <text>Amount. The gross or net amount, or both, of the bill.</text> </paragraph> <paragraph num="F."> <text>Payment Date. The date by which the customer must pay the bill in order to benefit from a discount or to avoid any penalty.</text> </paragraph> <paragraph num="G."> <text>Estimated Bill. A distinct marking to identify an estimated bill.</text> </paragraph> <paragraph num="H."> <text>Additional Billing Information. Any conversions from meter reading units to billing units or any calculations to determine billing units from recording or other devices, or any other factors used in determining the bill. In lieu of this information on the bill, a statement shall be on the bill advising that the information can be obtained by contacting the utility's principal office.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Billing Records."> <text>The utility shall retain customer billing records for the length of time necessary to permit the utility to comply with Regulation .06 of this chapter, but not less than 3 years.</text> </regulation> <regulation prefix="Regulation" num=".06" heading="Adjustment of Bills."> <paragraph num="A."> <text>Fast Meters. If a meter is tested and found to have over-registered more than 2 percent, the utility shall recalculate the bills for service of the last customer of record receiving service through the meter and shall make a refund if the amount of the adjustment exceeds $1. The refund shall be for the period that the customer received service through the meter, but for not more than the periods established below:</text> <paragraph num="(1)"> <text>Known Date of Error. If the date on which the error first developed or occurred can be established, the bills for service shall be recalculated from that time.</text> </paragraph> <paragraph num="(2)"> <text>Unknown Date of Error. If the time at which the error first developed or occurred cannot be established, it shall be assumed that the over-registration existed for a period of 3 years or a period equal to one-half of the time since the meter was last tested, whichever is less.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Slow Meters. Whenever a meter is found to be more than 2 percent slow, the utility may bill the customer one-half of the unbilled error for a period of 12 months, unless the meter has been tested within that 12-month period, in which event the utility may bill the customer one-half the unbilled error for the period since the meter was last tested. If the amount of under-registration is less than $5, the utility may not adjust the bill.</text> </paragraph> <paragraph num="C."> <text>Accuracy Calculations. Billing adjustments due to fast or slow meters shall be calculated on the basis that the meter should be 100 percent accurate. For the purpose of billing adjustment, the error in registration of the meter shall be calculated and applied as specified in COMAR 20.70.06.04.</text> </paragraph> <paragraph num="D."> <text>Overcharge Adjustment. When a customer has been overcharged as a result of incorrect reading of the meter, incorrect application of the rate schedule, incorrect connection of the meter, or other similar reasons, the amount of the overcharge shall be refunded or credited to the customer, except for an overcharge resulting from an incorrect reading of the meter where the amount will automatically be corrected in a subsequent billing based on a correct meter reading.</text> </paragraph> <paragraph num="E."> <text>Undercharge Adjustment. When a customer has been undercharged as a result of an incorrect reading of the meter, incorrect application of the rate schedule, incorrect connection of the meter, stopped meter, or other similar reasons, the amount of the undercharge may be billed to the customer. However, the utility may deny service for non-payment only for that portion of the undercharge applicable to the 4 months immediately before the discovery of the error, unless otherwise authorized by the Commission.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Denial of Service Without Notice."> <paragraph num="A."> <text>The utility may discontinue service without notice for any of the following reasons, and service may not be restored until the cause for the disconnection has been corrected:</text> <paragraph num="(1)"> <text>Hazardous Condition. For a condition on the customer's premises determined by the utility to be hazardous.</text> </paragraph> <paragraph num="(2)"> <text>Adverse Effect on Service. Customer's use of equipment in such a manner as to adversely affect the utility's equipment or the utility's service to others.</text> </paragraph> <paragraph num="(3)"> <text>Tampering with Utility Property. Customer's tampering with equipment furnished and owned by the utility.</text> </paragraph> <paragraph num="(4)"> <text>Unauthorized Use of Service. Customer's unauthorized use of service by any method, including diversion of water around a meter.</text> </paragraph> </paragraph> <paragraph num="B."> <text>A reasonable charge may be made for restoring service disconnected under this regulation, and customers who have been disconnected for unauthorized use of water or for damaging the utility's equipment may be charged the actual cost of reconnecting the service.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Denial of Service Requiring Notice."> <paragraph num="A."> <text>The utility may deny service for any of the following reasons provided it has notified the customer of its intent to deny service and has allowed the customer a reasonable time in which to remove the cause for denial:</text> <paragraph num="(1)"> <text>Non-Compliance with Regulations. For violation of or non-compliance with this subtitle, or for violation of or non-compliance with the utility's rules on file with the Commission.</text> </paragraph> <paragraph num="(2)"> <text>Failure on Contractual Obligations. For failure of the customer to fulfill his contractual obligations for service or facilities subject to regulation by the Commission.</text> </paragraph> <paragraph num="(3)"> <text>Refusal of Access. For failure of the customer to permit the utility to have reasonable access to its equipment.</text> </paragraph> <paragraph num="(4)"> <text>Non-Payment of Bill. For non-payment of a bill for service, provided that the utility has made a reasonable attempt to effect collection and has given the customer written notice that he has at least 5 days, excluding Sundays and holidays, in which to make settlement on his account or have his service denied. Except in cases where a prior attempt to gain access has been unsuccessful or where a prior promise to pay has not been kept, the utility may not deny service on the day preceding any day on which it is not prepared to accept payment of the amount due and to reconnect service.</text> </paragraph> <paragraph num="(5)"> <text>Failure to Provide Deposit. For failure of the customer to provide the utility with a deposit as authorized in Regulation .03 of this chapter.</text> </paragraph> <paragraph num="(6)"> <text>Failure to Comply with Service Conditions. For failure of the customer to furnish any service equipment, permits, certificates, or rights-of-way, as shall have been specified by the utility as a condition to obtaining service, or if the equipment or permissions are withdrawn or terminated.</text> </paragraph> <paragraph num="(7)"> <text>Waste of Water. For willful waste of water by the customer.</text> </paragraph> <paragraph num="(8)"> <text>Restrictions on Use of Water. For failure of the customer to comply with reasonable restrictions on the use of water, as imposed under COMAR 20.70.07.05, provided that notice has been given to the customer and that written notice has been furnished to the Commission.</text> </paragraph> </paragraph> <paragraph num="B."> <text>When water has been turned off for any of the reasons specified in this regulation, a charge may be made for restoring service. This reconnection charge may not exceed $2 for restoring service to a residential or commercial customer, unless the utility has filed a different charge with the Commission.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".09" heading="Insufficient Reasons for Denial of Service."> <paragraph num="A."> <text>The following may not constitute sufficient cause for refusal of service to a present or prospective customer:</text> <paragraph num="(1)"> <text>Failure of a prior customer to pay for service at the premises to be served;</text> </paragraph> <paragraph num="(2)"> <text>Failure to pay for merchandise purchased from the utility;</text> </paragraph> <paragraph num="(3)"> <text>Failure to pay for a public utility service other than water service;</text> </paragraph> <paragraph num="(4)"> <text>Failure to pay for a different class of service;</text> </paragraph> <paragraph num="(5)"> <text>Failure to pay the bill of another customer as guarantor of the customer;</text> </paragraph> <paragraph num="(6)"> <text>Failure to pay the undercharge for the period in excess of 4 months as described in Regulation .06E of this chapter; or</text> </paragraph> <paragraph num="(7)"> <text>Failure to pay an outstanding bill that is over 7 years old, unless the:</text> <paragraph num="(a)"> <text>Customer signed an agreement to pay the outstanding bill before the expiration of this period;</text> </paragraph> <paragraph num="(b)"> <text>Outstanding bill is for service obtained by the customer by means of tampering with equipment furnished and owned by the utility or by unauthorized use of service by any method; or</text> </paragraph> <paragraph num="(c)"> <text>Outstanding bill is for service obtained by the customer by means of an application made:</text> <paragraph num="(i)"> <text>In a fictitious name,</text> </paragraph> <paragraph num="(ii)"> <text>In the name of an individual who is not an occupant of the dwelling unit, without disclosure of the individual's actual address,</text> </paragraph> <paragraph num="(iii)"> <text>In the name of a third party without disclosing that fact or without bona fide authority from the third party, or</text> </paragraph> <paragraph num="(iv)"> <text>Without disclosure of a material fact or by misrepresentation of a material fact.</text> </paragraph> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>This regulation applies to both residential and nonresidential classes of service.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".10" heading="Right of Access."> <text>The authorized agents of the utility shall have the right of access to the premises supplied with water, at reasonable hours, for the purpose of reading meters, examining fixtures and pipes, observing the manner of using water, and for any other purpose which is proper and necessary in the conduct of the utility's business.</text> </regulation> <regulation prefix="Regulation" num=".11" heading="Waste of Water."> <paragraph num="A."> <text>Leakage Control. The customer should maintain his service pipe and all piping and fixtures on or in the building so that any loss of water through leakage is kept to a reasonably small amount. If the leakage becomes excessive, it may be treated as a willful waste of water.</text> </paragraph> <paragraph num="B."> <text>Willful Waste. Unnecessary or excessive use of water may be treated as a willful waste of water.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".12" heading="Investigation of Complaints."> <text>The utility shall investigate promptly and thoroughly any complaint concerning its charges, practices, facilities, or service.</text> </regulation> <regulation prefix="Regulation" num=".13" heading="Records of Complaints."> <text>The utility shall keep such records of customer complaints as will enable it to review and analyze its procedures and actions as an aid in rendering improved service.</text> </regulation> <regulation prefix="Regulation" num=".14" heading="Identification of Employees."> <text>Every employee, whose duties require him to enter the customer's premises, should wear a distinguishing uniform, or other insignia identifying him as an employee of the utility. The minimum requirement shall be a badge or identification card, carried on his person, certifying him as an employee of the utility authorized to enter the premises to perform necessary inspections or work.</text> </regulation> <annotations> <annotation type="Authority">Public Utilities Article, §§2-113, 2-121, and 5-101, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: July 1, 1968 (Order No. 57171)</annotation> <annotation type="History" subtype="Administrative History">Regulations .03 and .06A amended effective January 23, 1981 (8:2 Md. R. 117)</annotation> <annotation type="History" subtype="Administrative History">Regulation .09 amended effective May 10, 1993 (20:9 Md. R. 780)</annotation> </annotations> </chapter> <chapter num="05" heading="Meter Requirements"> <regulation prefix="Regulation" num=".01" heading="Metering of Water."> <paragraph num="A."> <text>Customer Use. Unless the authorized tariff provides for flat-rate billing for the customer class, all water sold by a utility shall be on the basis of meter measurement.</text> </paragraph> <paragraph num="B."> <text>Utility Use. Wherever practicable, the use of water within the utility itself, or by administrative units associated with it, shall be metered.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Meter Reading Records."> <text>The meter reading sheets, cards, or records from which bills are prepared shall show the following information:</text> <paragraph num="A."> <text>Customer's name, address, and rate schedule;</text> </paragraph> <paragraph num="B."> <text>Identifying number or description of the meter, or both;</text> </paragraph> <paragraph num="C."> <text>Meter readings;</text> </paragraph> <paragraph num="D."> <text>Date of meter reading;</text> </paragraph> <paragraph num="E."> <text>If the reading has been estimated; and</text> </paragraph> <paragraph num="F."> <text>Any applicable multiplier or constant.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Inventory Records."> <text>Each utility shall maintain records of each meter or associated metering device, or both, which will identify each item as to its design, capacity, and application. The identifying information may include, as applicable: manufacturer, number, type, size, capacity, multiplier and constants.</text> </regulation> <regulation prefix="Regulation" num=".04" heading="History Records."> <text>Each utility shall maintain records for each meter or associated metering device, or both, which shall show the dates of installation and removal from service, together with the location.</text> </regulation> <regulation prefix="Regulation" num=".05" heading="Meter Test Records."> <paragraph num="A."> <text>Each utility shall maintain test records for each meter, which shall include the following:</text> <paragraph num="(1)"> <text>The date and reason for the test;</text> </paragraph> <paragraph num="(2)"> <text>The reading of the meter before making the test;</text> </paragraph> <paragraph num="(3)"> <text>The accuracy “as found” at each rate of flow; and</text> </paragraph> <paragraph num="(4)"> <text>The accuracy “as left” at each rate of flow.</text> </paragraph> </paragraph> <paragraph num="B."> <text>If the test of the meter is made by using a standard meter, then the utility shall retain all data taken at the time of the test in sufficiently complete form to permit the convenient checking of the test methods and the calculations.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Meter Reading Interval."> <text>Meters shall be read at regular intervals as specified in the utility's tariff.</text> </regulation> <regulation prefix="Regulation" num=".07" heading="Condition of Meter."> <text>A meter may not be installed which is mechanically defective, has an incorrect correction factor, or which does not meet the requirements of COMAR 20.70.06.05. The capacity of the meter and the index mechanism should be consistent with the water requirements of customer.</text> </regulation> <annotations> <annotation type="Authority">Public Utilities Article, §§2-121, 5-101, and 5-303, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: July 1, 1968 (Order No. 57171)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01A amended effective May 14, 2001 (28:9 Md. R. 889)</annotation> </annotations> </chapter> <chapter num="06" heading="Inspections and Tests"> <regulation prefix="Regulation" num=".01" heading="Meter Shop."> <paragraph num="A."> <text>Meter Shop. Each utility shall maintain or designate a meter shop where meters may be inspected, tested, and repaired. The shop shall be open for inspection by authorized representatives of the Commission at all reasonable times, and the facilities and equipment, as well as the methods of making measurements and tests, shall be subject to the approval of the Commission.</text> </paragraph> <paragraph num="B."> <text>Accuracy of Test Equipment. The accuracy of the test equipment and of the test procedures shall be such that the overall error will not exceed 0.3 of 1 percent.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Working Standards."> <paragraph num="A."> <text>Requirements. Each meter shop maintained or designated by a utility shall have at least one calibrated tank for volumetric measurement or a tank mounted upon scales for weight measurement. The tank shall be of sufficient capacity to insure an acceptable determination of the accuracy of the utilities' meters.</text> </paragraph> <paragraph num="B."> <text>Calibration. Working standards shall be checked periodically (see Regulation .09B of this chapter) by comparison with approved secondary standards.</text> </paragraph> <paragraph num="C."> <text>Certificates. Each standard shall be accompanied at all times by a certificate or calibration card, duly signed and dated, on which are recorded the corrections required to compensate for errors found at the customary test points at the time of the last previous test.</text> </paragraph> <paragraph num="D."> <text>Care in Handling. Extreme care shall be exercised in the use and handling of standards to assure that their accuracy is not disturbed.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Test Procedures."> <paragraph num="A."> <text>Procedure. The following procedures shall apply to the testing and adjusting of meters and associated devices:</text> <paragraph num="(1)"> <text>General. The test of any unit of metering equipment shall consist of a comparison of its accuracy with the accuracy of a standard.</text> </paragraph> <paragraph num="(2)"> <text>Adjusted to Zero. All meters and associated devices, when tested, shall be adjusted as closely as practicable to the condition of zero error.</text> </paragraph> <paragraph num="(3)"> <text>Use of Tolerances. All tolerances are to be interpreted as maximum permissible variations from the condition of zero error. In making adjustments, no advantage of the prescribed tolerance limits may be taken.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Test Flows. For determination of minimum test flow and other normal test flows, the Commission will use as a guide the appropriate standard specifications of the American Water Works Association for the various types of meters. These flows for displacement type cold water meters are as follows:</text> </paragraph> <paragraph num="C."> <text>Tests to Determine Error in Registration. Meters shall be tested at the following three flows:</text> <paragraph num="(1)"> <text>Minimum test flow;</text> </paragraph> <paragraph num="(2)"> <text>Approximately 10 percent of the maximum normal flow;</text> </paragraph> <paragraph num="(3)"> <text>Approximately 50 percent of the maximum normal flow, or at the maximum flow available at normal system pressure.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Meter Registration."> <paragraph num="A."> <text>Pre-Installation Tolerances. A meter may not be placed in service if it registers less than 90 percent of the water passed through it at the minimum test flow or over-registers or under- registers more than 1-1/2 percent at the other test flows.</text> </paragraph> <paragraph num="B."> <text>Calculation of Error. The percentage by which the correct registration varies from the meter registration is derived by stopping the meter test hand at the starting point and then determining the percentage variation in registration as indicated by the working standard. The formula for determining the percentage error in registration is:</text> </paragraph> <paragraph num="C."> <text>Error in Registration for Billing Adjustments. The error in registration of a meter for billing adjustments shall be the algebraic average of the error in registration at the following two rates of flow:</text> <paragraph num="(1)"> <text>Approximately 10 percent of maximum normal flow;</text> </paragraph> <paragraph num="(2)"> <text>Approximately 50 percent of maximum normal flow, or at the maximum flow available at normal system pressure.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Application of Error for Billing Adjustments. The meter error derived in §C, of this regulation, shall be used to calculate the correct consumption of water by applying the derived error in registration to the volume of water consumption indicated by the meter. If the meter is fast then the volume of water indicated by the meter registration shall be reduced by applying the calculated error in registration. If the meter is slow then the volume of water indicated by the meter registration shall be increased by applying the calculated error in registration.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Pre-Installation Inspections and Tests."> <paragraph num="A."> <text>Approval. A meter may not be placed in service unless:</text> <paragraph num="(1)"> <text>Its type and design first has been approved by the Commission;</text> </paragraph> <paragraph num="(2)"> <text>It has been inspected and tested by the utility, or has been certified by the manufacturer to be correct;</text> </paragraph> <paragraph num="(3)"> <text>Its registration is within the tolerances specified in Regulation .04A of this chapter; and</text> </paragraph> <paragraph num="(4)"> <text>It has been sealed by the utility.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Re-Installation. When any meter is removed from service it shall be repaired if necessary so that it conforms to the registration tolerances specified in Regulation .04A before being placed in service again.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Request Tests."> <paragraph num="A."> <text>Request For Test. Upon request by a customer and at no charge, the utility shall make a test of the accuracy of registration of the meter serving the customer, provided that these tests need not be made more frequently than once in 24 months.</text> </paragraph> <paragraph num="B."> <text>Customer May Observe. The customer, or his representative, may be present when the meter is tested.</text> </paragraph> <paragraph num="C."> <text>Report to Customer. A report of the results of the test shall be made to the customer within a reasonable time after the completion of the test, and a record of the report, together with a complete record of the test, shall be kept on file at the office of the utility for at least 3 years.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Referee Tests."> <paragraph num="A."> <text>Application For Test. Upon written application to the Commission by a customer or a utility, a test will be made of the customer's meter as soon as practicable by a representative of the Commission.</text> </paragraph> <paragraph num="B."> <text>Deposit For Test. The application shall be accompanied by a deposit as indicated: Water meter—$10.</text> </paragraph> <paragraph num="C."> <text>Notice to Utility. On receipt of a request from a customer the Commission will notify the utility and the utility may not knowingly remove or adjust the meter until instructed by the Commission. The utility shall furnish to the Commission's representative such reasonable assistance as may be required to make the test.</text> </paragraph> <paragraph num="D."> <text>Customer May Observe. The customer, or his representative, may be present when the meter is tested.</text> </paragraph> <paragraph num="E."> <text>Report to Customer. A written report of the results of the test will be sent to the customer and to the utility.</text> </paragraph> <paragraph num="F."> <text>Disposition of Deposit. If the meter is found to over-register more than 2 percent, calculated in accordance with Regulation .04C, the deposit shall be refunded by the Commission and the utility billed the amount of the deposit. Otherwise the deposit will be retained and disposed of according to law.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="As Found Tests."> <text>Each meter shall be tested before the meter is adjusted or repaired.</text> </regulation> <regulation prefix="Regulation" num=".09" heading="Periodic Tests."> <text>Each utility shall make periodic tests of meters and standards to assure their accuracy. These tests shall be scheduled within the calendar year, or earlier, when the interval is stated in years, or within the calendar month, or earlier, when the interval is stated in months. The basic periodic test interval may not be longer than provided for in the following schedule: (Note: Maintenance programs suggested by manufacturers of the following meters and devices should be carefully followed.)</text> <paragraph num="A."> <text>Meters.</text> <paragraph num="(1)"> <text>5/8 in. ------------------------------10 years</text> </paragraph> <paragraph num="(2)"> <text>3/4 in. ------------------------------ 8 years</text> </paragraph> <paragraph num="(3)"> <text>1-in. -------------------------------- 6 years</text> </paragraph> <paragraph num="(4)"> <text>1-1/2 in. and 2-in. ------------------4 years</text> </paragraph> <paragraph num="(5)"> <text>3-in. and 4-in. ----------------------2 years</text> </paragraph> <paragraph num="(6)"> <text>6-in. and larger --------------------12 months</text> </paragraph> </paragraph> <paragraph num="B."> <text>Working Standards.</text> <paragraph num="(1)"> <text>Volumetric tank ---------------------- 5 years</text> </paragraph> <paragraph num="(2)"> <text>Scales ------------------------------ 12 months</text> </paragraph> </paragraph> </regulation> <annotations> <annotation type="Authority">Public Utilities Article, §§2-121, 5-101, and 5-303, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: July 1, 1968 (Order No. 57171)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07B amended effective April 13, 1992 (19:7 Md. R. 747)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08 amended effective May 14, 2001 (28:9 Md. R. 889)</annotation> </annotations> </chapter> <chapter num="07" heading="Quality of Service"> <regulation prefix="Regulation" num=".01" heading="Quality of Water."> <paragraph num="A."> <text>General. Each utility shall provide water that is potable, and, insofar as practicable, free from objectionable odors, taste, color, and turbidity. Each utility shall have a permit as required by the health laws of the State, and shall comply with the laws and regulations of the Department of the Environment and local departments of health.</text> </paragraph> <paragraph num="B."> <text>Water Supply. The source of supply shall be:</text> <paragraph num="(1)"> <text>Free from pollution, unless the water is subsequently purified by treatment;</text> </paragraph> <paragraph num="(2)"> <text>Reasonably adequate to provide a continuous supply of water; and</text> </paragraph> <paragraph num="(3)"> <text>Of such quality as to meet the standards of the Department of the Environment.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Operation of Supply System.</text> <paragraph num="(1)"> <text>Free of Sanitary Defects. The water supply system, including the source of supply plant, pumping plant, water treatment plant, transmission plant, and distribution plant, shall be free from sanitary defects.</text> </paragraph> <paragraph num="(2)"> <text>Cross Connections Restricted. Any physical connection between the distribution system of a public water supply and that of any other water supply shall comply with the regulations of the Department of the Environment.</text> </paragraph> <paragraph num="(3)"> <text>Disinfection of Facilities. All new mains, pumps, tanks, wells, and other facilities for handling potable water, and insofar as practicable, repaired mains and other facilities, shall be thoroughly disinfected before being connected to the system. The method of disinfection shall be as approved by the Department of the Environment.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Testing of Water. Each utility shall cooperate with the Department of the Environment in the conduct of its water quality sampling program.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Pressure Limits."> <paragraph num="A."> <text>Allowable Pressures. Under normal conditions of use of water, the pressure at a customer's service connection shall be:</text> <paragraph num="(1)"> <text>Not less than 25 psig; and</text> </paragraph> <paragraph num="(2)"> <text>Not more than 125 psig.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Exceptions to Pressure Requirements. Pressure outside the limits specified will not be considered a violation when the variations:</text> <paragraph num="(1)"> <text>Arise from the action of the elements;</text> </paragraph> <paragraph num="(2)"> <text>Are infrequent fluctuations not exceeding 5 minutes' duration;</text> </paragraph> <paragraph num="(3)"> <text>Arise from service interruptions;</text> </paragraph> <paragraph num="(4)"> <text>Are from causes beyond the control of the utility; or</text> </paragraph> <paragraph num="(5)"> <text>Arise from variations in service elevations which are local and which can be controlled in a satisfactory manner.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Pressure Surveys and Records."> <paragraph num="A."> <text>Pressure Gauge. Each utility having more than 100 customers shall have at least one portable recording pressure gauge.</text> </paragraph> <paragraph num="B."> <text>Point of Measurement. Pressure measurements should be made at the customer's service connection. If no outlet is available at this point, the measurement may be made at the nearest available outlet, making due allowance for any pressure differential between the point of customer's service connection (usually the curb or property line) and the point of measurement.</text> </paragraph> <paragraph num="C."> <text>Survey by Utility. Each utility shall make a sufficient number of pressure measurements in order to determine if pressures throughout the system are in compliance with the requirements of Regulation .02.</text> </paragraph> <paragraph num="D."> <text>Survey Records. Pressure records obtained under §C of this regulation shall be retained by the utility for at least 2 years and shall be available for inspection by the Commission's representatives at all times. Notation of each pressure record shall indicate the following:</text> <paragraph num="(1)"> <text>The location where the pressure was taken; and</text> </paragraph> <paragraph num="(2)"> <text>The time and date of the test.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Interruption of Service."> <paragraph num="A."> <text>Endeavor to Avoid Interruptions. Each utility shall make reasonable efforts to avoid interruptions of service but when interruptions occur, service shall be re-established within the shortest time practicable that is consistent with safety.</text> </paragraph> <paragraph num="B."> <text>Notification to Commission. Each utility shall notify the Commission by telephone or telegraph of any interruption to the service of a major portion of its distribution system when the interruption lasts for more than 6 hours.</text> </paragraph> <paragraph num="C."> <text>Notification to Public Officials. If an interruption affects the service to any public fire protection device, the utility shall immediately notify the public official responsible for fire protection.</text> </paragraph> <paragraph num="D."> <text>Standby Pumping Equipment. When the system pressure is provided through mechanical means, emergency standby pumping equipment or other adequate facilities shall be available to maintain pressure in the mains in the event of a failure of the primary pumping facilities.</text> </paragraph> <paragraph num="E."> <text>Planned Interruptions. Planned interruptions shall be made at a time that will not cause unreasonable inconvenience to customers and shall be preceded, if feasible, by adequate notice to those who will be affected.</text> </paragraph> <paragraph num="F."> <text>Record of Interruptions. Each utility shall keep records of interruptions of service on its system and shall make an analysis of the records for the purpose of determining steps to be taken to prevent recurrence of the interruptions. The records should include the following information concerning the interruptions:</text> <paragraph num="(1)"> <text>Cause;</text> </paragraph> <paragraph num="(2)"> <text>Date and time; and</text> </paragraph> <paragraph num="(3)"> <text>Duration.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Restrictions on the Use of Water."> <paragraph num="A."> <text>Restrictions on Outdoor Use. The utility may impose reasonable restrictions on the outdoor use of water during periods of shortage of supply, excessive demand, or other difficulty which jeopardizes the supply of water to any group of customers.</text> </paragraph> <paragraph num="B."> <text>Restrictions on Large Use Customers. The utility may impose reasonable restrictions on the use of water by customers who use large quantities of water and thereby create conditions which prevent the company from supplying satisfactory service to that customer, or to other customers.</text> </paragraph> <paragraph num="C."> <text>Notification. If a utility finds that it is necessary to restrict the use of water, it shall notify its customers, and give the Commission written notice, before the restriction becomes effective. The notifications shall specify:</text> <paragraph num="(1)"> <text>The reason for the restriction;</text> </paragraph> <paragraph num="(2)"> <text>The nature and extent of the restriction (for example, on outdoor use of water, use by certain classes of customers, and so on);</text> </paragraph> <paragraph num="(3)"> <text>The date the restriction is to go into effect; and</text> </paragraph> <paragraph num="(4)"> <text>The probable date of termination of the restriction.</text> </paragraph> </paragraph> </regulation> <annotations> <annotation type="Authority">Public Utilities Article, §§2-121, 5-101, and 5-303, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: July 1, 1968 (Order No. 57171)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended effective May 14, 2001 (28:9 Md. R. 889)</annotation> </annotations> </chapter> <chapter num="08" heading="Safety"> <regulation prefix="Regulation" num=".01" heading="Protective Measures."> <paragraph num="A."> <text>Exercise Reasonable Care. Each utility shall exercise reasonable care to reduce the hazards to which its employees, its customers, and the general public may be subjected.</text> </paragraph> <paragraph num="B."> <text>Investigation by Commission. The utility shall give reasonable assistance to the Commission in the investigation of the cause of accidents and in the determination of suitable means of preventing accidents.</text> </paragraph> <paragraph num="C."> <text>Record of Accidents. Each utility shall maintain a summary of all reportable accidents arising from its operations.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Safety Program."> <paragraph num="A."> <text>Adopt Safety Program. Each utility shall adopt and execute a safety program, fitted to the size and type of its operations.</text> </paragraph> <paragraph num="B."> <text>Use Suitable Tools and Equipment. Each utility should require its employees to use suitable tools and equipment in order that they may perform their work in a safe manner.</text> </paragraph> <paragraph num="C."> <text>Promote Safe Work Methods. Each utility should require its employees to use safe methods in performing their work.</text> </paragraph> <paragraph num="D."> <text>Instruct in Artificial Respiration. Each utility should require that its employees who, in the course of their work, are subject to the hazards of asphyxiation, electrical shock, or drowning, be properly instructed in accepted methods of artificial respiration.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Public Utility Companies Article, §§2-113, 2-121, 5-101, and 5-303, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: July 1, 1968 (Order No. 57171)</annotation> </annotations> </chapter> <chapter num="09" heading="Establishing Rates for Small Water Companies"> <regulation prefix="Regulation" num=".01" heading="Scope."> <text>This chapter applies to small water companies whose gross annual revenues for the most recent calendar year do not exceed $350,000.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Applicant” means a small water company seeking a change in rates or rate design under the provisions of this chapter.</text> </paragraph> <paragraph num="(2)"> <text>“Small water company” means a water company as defined in Public Utilities Article, §1-101, Annotated Code of Maryland eligible to seek a change in rates or rate design under the provisions of this chapter.</text> </paragraph> <paragraph num="(3)"> <text>“Staff-assisted rate case” means a proceeding by which a small water company may, under the provisions of this chapter, seek a rate increase or change in rate design.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Waiver."> <text>Upon application by an applicant, the Commission may waive the application of a regulation in this chapter to an applicant that demonstrates good cause.</text> </regulation> <regulation prefix="Regulation" num=".04" heading="Development of a Staff–Assisted Rate Case for a Small Water Company."> <paragraph num="A."> <text>A Staff-assisted rate case shall be developed upon the submission of the following documents to the Commission’s Executive Director:</text> <paragraph num="(1)"> <text>A letter requesting development of a staff-assisted rate case; and</text> </paragraph> <paragraph num="(2)"> <text>A completed staff-assisted rate case application for a small water company including all necessary attachments or exhibits.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Upon receipt of all completed materials listed in §A of this regulation, the Commission’s technical staff shall send the applicant and the Maryland Office of People’s Counsel written notice that the application has been received, and the staff-assisted rate case shall be deemed submitted.</text> </paragraph> <paragraph num="C."> <text>If the application is not complete:</text> <paragraph num="(1)"> <text>Technical staff shall give notice to the applicant in writing of any deficiencies;</text> </paragraph> <paragraph num="(2)"> <text>The applicant shall have a reasonable opportunity, not to exceed 90 business days, after receipt of the notice to file information to remedy the indicated deficiencies; and</text> </paragraph> <paragraph num="(3)"> <text>If deficiencies are not resolved in a timely manner, the applicant shall be informed in writing that the application for a staff-assisted rate case has been rejected.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Staff-Assisted Rate Case Procedures for a Small Water Company."> <paragraph num="A."> <text>The procedures for a staff-assisted rate case are:</text> <paragraph num="(1)"> <text>The Commission’s Accounting Investigations Division shall audit the small water company’s books and records, including those relating to depreciation;</text> </paragraph> <paragraph num="(2)"> <text>The Commission’s Engineering Division shall inspect the small water company’s facilities, provide a description of the various system components, evaluate the condition of the various system components, and evaluate the adequacy of service being provided;</text> </paragraph> <paragraph num="(3)"> <text>The Commission’s Telecommunications, Gas and Water Division shall establish a rate of return applicable to rates to be proposed for the applicant based on the work of the Accounting Investigations Division and the Engineering Division; and</text> </paragraph> <paragraph num="(4)"> <text>The work of the Commission’s technical staff shall be coordinated by the Office of Staff Counsel which, upon completion of all required work needed to propose rates, shall compile a report containing technical staff’s work papers, findings, and recommendation as to the small water company’s revenue requirement and rates which shall be forwarded to the Executive Director.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Upon approval from the Executive Director, technical staff’s report shall be sent to the applicant for its review and acceptance. Following the applicant’s acceptance, the report shall be sent to the Maryland Office of People’s Counsel and any known affected community association whose members are served by the applicant for the purpose of determining whether the proposed rates contained in technical staff’s report can be agreed upon.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Stipulation and Settlement."> <paragraph num="A."> <text>The applicant, the Maryland Office of People’s Counsel, the Commission’s technical staff, and any other interested persons shall engage in negotiations for the purpose of reaching a settlement agreement.</text> </paragraph> <paragraph num="B."> <text>If an agreement is reached, it shall be reduced to writing in the form of a stipulation and settlement with such exhibits as are appropriate.</text> </paragraph> <paragraph num="C."> <text>A stipulation and settlement derived under §A of this regulation shall be filed with the Commission together with a summary letter from technical staff and the technical staff report.</text> </paragraph> <paragraph num="D."> <text>Upon filing as described by §C of this regulation, the stipulation and settlement shall be assigned a case number and treated as any other case which is filed with the Commission.</text> </paragraph> <paragraph num="E."> <text>If no agreement is reached under §A of this regulation, the applicant may file a request for a revision of its retail rates under Public Utilities Article, §§4-203(a) and 4-204, Annotated Code of Maryland.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Public Utilities Article, §§2-113, 2-121, and 4-203(c), Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: April 22, 2019 (46:8 Md. R. 402)</annotation> </annotations> </chapter> </subtitle> <subtitle num="73" heading="Construction of New Water and Sewage Disposal Systems"> <chapter num="01" heading="General Regulations"> <regulation prefix="Regulation" num=".01" heading="Prior Authorization."> <paragraph num="A."> <text>A person may not commence the construction of a privately owned water system or sewage disposal (sewerage) system for public use without the prior authorization of the Commission pursuant to Public Utilities Article, §5-204, Annotated Code of Maryland, and the provisions of this subtitle.</text> </paragraph> <paragraph num="B."> <text>A person seeking prior authorization pursuant to Public Utilities Article, §5-204, Annotated Code of Maryland, shall file an application with the Commission which contains the information and documents set forth in this subtitle in order to meet their burden of fully disclosing plans to finance, construct, and operate the proposed system.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Application."> <paragraph num="A."> <text>Unless specifically exempted by the provisions of Public Utilities Article, §5-204, Annotated Code of Maryland, a person shall apply to the Commission, before construction, for authority to construct a water system, sewage disposal system, or both, to be devoted to public use.</text> </paragraph> <paragraph num="B."> <text>Water company applicants claiming “not-for-gain” status shall submit full and complete documentation supporting this claim for review and determination by the Commission, as required by these regulations.</text> </paragraph> <paragraph num="C."> <text>Sewage disposal company applicants, whether “for-gain” or not, shall fully comply with all provisions of this subtitle, the law, and COMAR 20.75.</text> </paragraph> <paragraph num="D."> <text>Water company applicants shall fully comply with all provisions of this subtitle, the law, and COMAR 20.70.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Definitions."> <paragraph num="A."> <text>The definitions set forth in COMAR 20.70.01.03 and COMAR 20.75.01.03 apply to words used in this subtitle.</text> </paragraph> <paragraph num="B."> <text>“Applicant” means the person applying for authority to construct a system and includes the person upon whose behalf an application is made.</text> </paragraph> <paragraph num="C."> <text>“Person” has the meaning stated in Public Utilities Article, §1-101, Annotated Code of Maryland.</text> </paragraph> <paragraph num="D."> <text>“Sewerage” and “sewage disposal” shall refer to the disposal or disposition of household, animal and human waste, refuse, and slops.</text> </paragraph> <paragraph num="E."> <text>“System” means, when used alone, a water system, a sewage disposal system, or both, as appropriate.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Time Limitations Upon Applications."> <paragraph num="A."> <text>A person proposing to construct a water system, sewage disposal system, or both, for public use shall apply to the Commission for prior authority to construct the system and to exercise its franchises or rights within one calendar year of:</text> <paragraph num="(1)"> <text>If appropriate, the granting of a local franchise or official notice that a local franchise is not required; or</text> </paragraph> <paragraph num="(2)"> <text>The filing with and acceptance of the applicant's articles of incorporation by the Maryland Department of Assessments and Taxation.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Upon an applicant's request and showing of good cause, the Commission may grant an extension of time.</text> </paragraph> <paragraph num="C."> <text>Failure to apply to the Commission within the time limits set forth in §A of this regulation may result in forfeitures as set forth in Public Utilities Article, §13-205, Annotated Code of Maryland.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Public Utilities Article, §§2-121 and 5-204, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: June 1, 1966 (Order No. 56235)</annotation> <annotation type="History" subtype="Administrative History">Chapter repealed and new Chapter 01 adopted effective October 11, 1982 (9:20 Md. R. 1982)</annotation> </annotations> </chapter> <chapter num="02" heading="Accounting, Financial, and General Information"> <regulation prefix="Regulation" num=".01" heading="General."> <text>Each application for authority to construct a system shall be accompanied by the information required by this chapter.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Corporate Status."> <paragraph num="A."> <text>If an applicant is incorporated, it shall file:</text> <paragraph num="(1)"> <text>A certified copy of the charter or articles of incorporation, together with any amendments;</text> </paragraph> <paragraph num="(2)"> <text>A copy of the bylaws, together with any amendments;</text> </paragraph> <paragraph num="(3)"> <text>Any stock issuance statements; and</text> </paragraph> <paragraph num="(4)"> <text>The amount and classes of stock for which the applicant will seek the authority of the Commission to issue and the stated or par value of the shares.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The applicant shall describe the relationship, if any, with a land or home developer concerning the formation, construction, and operation of the proposed system.</text> </paragraph> <paragraph num="C."> <text>An applicant shall submit documentary evidence clearly showing that it is an entity separate from any land or business activity not related to the normal and incidental activities of a water, sewage disposal, or water and sewage disposal company and that it shall keep and maintain books, accounts, and records of expenses, and revenues attributable solely to its operations.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Capital Structure."> <text>An applicant shall have a minimum equity participation of 25 percent and shall fully disclose all financial and capitalization arrangements to be entered into, and shall provide the details and methods of payment by any person or party of obligations, assessments, fees, and charges resulting from these arrangements.</text> </regulation> <regulation prefix="Regulation" num=".04" heading="Debts and Obligations."> <paragraph num="A."> <text>An applicant shall separately describe each mortgage, deed of trust, or other lien upon any property of the applicant to be used in the operation of the proposed system.</text> </paragraph> <paragraph num="B."> <text>In each description required by §A of this regulation, the applicant shall, at a minimum, set forth:</text> <paragraph num="(1)"> <text>The date of execution of the described obligation;</text> </paragraph> <paragraph num="(2)"> <text>The name, or names, of the trustee or trustees;</text> </paragraph> <paragraph num="(3)"> <text>The amount of indebtedness authorized to be secured by the described obligation;</text> </paragraph> <paragraph num="(4)"> <text>The amount of the indebtedness actually secured by the described obligation; and</text> </paragraph> <paragraph num="(5)"> <text>A description of the mortgaged property or collateral.</text> </paragraph> </paragraph> <paragraph num="C."> <text>The applicant shall describe the number and amount of bonds and debentures authorized and issued under each mortgage, describing each class of bond and debenture separately, giving date of issue, par value, rate of interest, date of maturity, and how the obligation is secured.</text> </paragraph> <paragraph num="D."> <text>If the applicant is unincorporated, it shall describe the amount and type of investments to be made by the proprietor or partners and any limitation on the investments.</text> </paragraph> <paragraph num="E."> <text>The applicant shall describe any other indebtedness incurred by him, giving same by classes, and describing security, if any.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Franchise."> <paragraph num="A."> <text>Except as provided in §B of this regulation, the applicant shall submit certified copies of each necessary franchise issued by the State or by a political subdivision of the State.</text> </paragraph> <paragraph num="B."> <text>If franchises are not necessary, the applicant shall submit an affidavit, made under oath and signed by the officers or owners of the proposed system or systems, stating that local franchises are not required.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Local Approval."> <paragraph num="A."> <text>The applicant shall submit documentary evidence indicating that:</text> <paragraph num="(1)"> <text>It has received the required consent of the proper local authorities to the proposed system or systems; and</text> </paragraph> <paragraph num="(2)"> <text>The proposed project has been accepted and included in the appropriate county's master water and sewerage plan.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The applicant shall also submit:</text> <paragraph num="(1)"> <text>A statement from the area public works or sanitary authority as to its jurisdiction, its construction requirements as they pertain to the applicant, and its agreement that the applicant should provide water service, or sewerage service, or both; and</text> </paragraph> <paragraph num="(2)"> <text>A map showing the area within which the applicant has requested authority to exercise franchise or rights for the rendering of water service, sewage disposal service, or both.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Rates and Revenues."> <paragraph num="A."> <text>The applicant shall submit a schedule or schedules of the proposed rates and charges under which service is to be furnished.</text> </paragraph> <paragraph num="B."> <text>The schedule or schedules required to be submitted by §A of this regulation shall include any connection fees and any availability or demand charges proposed to be collected from users of the system.</text> </paragraph> <paragraph num="C."> <text>The applicant shall file:</text> <paragraph num="(1)"> <text>A detailed pro forma statement of anticipated revenues and expenses based on a full calendar year's operation under the proposed tariff schedule of rates; and</text> </paragraph> <paragraph num="(2)"> <text>A pro forma balance sheet showing the applicant's financial condition at the close of the calendar year referred to in §C(1) of this regulation.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Establishment of Rates."> <paragraph num="A."> <text>In establishing rates, depreciation expense will be permitted only against investor-supplied plant, as determined by the Commission.</text> </paragraph> <paragraph num="B."> <text>Rebuttable Presumption of Contributed Plant.</text> <paragraph num="(1)"> <text>An applicant under Public Utilities Article, §5-204, Annotated Code of Maryland, shall be rebuttably presumed to consist of entirely contributed plant for which the total cost and investment either has been or will be recovered.</text> </paragraph> <paragraph num="(2)"> <text>Proof of actual investment by investors, organizers, and owners of an applicant may be established by the presentation to the Commission of the books, records, accounts, audited financial statements, and other pertinent documents and testimony of all persons, corporations, and business entities (except regulated financial institutions engaged in the financing, construction, and the operation of the applicants for the period of financing and construction).</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".09" heading="Prior Commission Approval of Borrowings."> <text>Any long-term borrowing, payable in whole or in part more than 12 months after date of issuance, by a water or sewage disposal company regulated by the Commission shall be void and of no force and effect unless made with the prior approval of, or until approved by, the Commission.</text> </regulation> <regulation prefix="Regulation" num=".10" heading="Records and Record Keeping."> <paragraph num="A."> <text>If authorization is granted by the Commission, the applicant shall keep accurate records of the actual costs of the water system, the sewerage system, or both, and shall keep an accurate account of the revenues received and expenses incurred in connection with the operation of the system.</text> </paragraph> <paragraph num="B."> <text>The records shall be kept in accordance with the “Uniform System of Accounts for Water Utilities” or the “Uniform System of Accounts for Sewerage Utilities”, as amended, which are subject to modification by the Commission.</text> </paragraph> <paragraph num="C."> <text>Copies of the accounting systems referred to in §B of this regulation can be purchased from the National Association of Regulatory Utility Commissioners, 1102 Interstate Commerce Commission Building, Washington, D.C. 20044.</text> </paragraph> <paragraph num="D."> <text>For the purpose of applying the appropriate systems of accounts, water and sewage disposal companies are divided into the following four classes:</text> <paragraph num="(1)"> <text>Class A—Annual utility operating revenues of $500,000 or more;</text> </paragraph> <paragraph num="(2)"> <text>Class B—Annual utility operating revenues of $250,000 or more but less than $500,000;</text> </paragraph> <paragraph num="(3)"> <text>Class C—Annual utility operating revenues of $50,000 or more but less than $250,000; or</text> </paragraph> <paragraph num="(4)"> <text>Class D—Annual utility operating revenues of less than $50,000.</text> </paragraph> </paragraph> </regulation> <annotations> <annotation type="Authority">Public Utilities Article, §§2-121 and 5-204, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: October 11, 1982 (9:20 Md. R. 1982)</annotation> </annotations> </chapter> <chapter num="03" heading="Engineering Information"> <regulation prefix="Regulation" num=".01" heading="General."> <text>Each application for authority to construct a system shall be accompanied by the information required by this chapter.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Development Plans."> <paragraph num="A."> <text>The applicant shall submit a statement of its plan for developing the service area, which shall include the number of customers expected to be connected to the water system or sewage disposal system, or both, each year until the service area is completely developed.</text> </paragraph> <paragraph num="B."> <text>If the service area is to be developed by definite stages then the area to be covered by each stage shall be shown with the plans.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Plans, Specifications, and Permits."> <text>The applicant shall file:</text> <paragraph num="A."> <text>A set of complete plans and specifications as approved by the local public works or sanitary authority and the Department of the Environment for the proposed water system, sewage disposal system, or both;</text> </paragraph> <paragraph num="B."> <text>A copy of the State construction permit;</text> </paragraph> <paragraph num="C."> <text>A copy of the discharge permit, if applicable;</text> </paragraph> <paragraph num="D."> <text>A copy of the water appropriation permit if applicable; and</text> </paragraph> <paragraph num="E."> <text>Copies of any other necessary and appropriate federal, State, or local permits.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="System Design Data."> <paragraph num="A."> <text>If not included in the information submitted in accordance with Regulation .02 of this chapter, the applicant shall submit the information required by §§B and C of this regulation.</text> </paragraph> <paragraph num="B."> <text>For water systems, the applicant shall submit the following information:</text> <paragraph num="(1)"> <text>The demand used in designing the system, including:</text> <paragraph num="(a)"> <text>Number and type of service,</text> </paragraph> <paragraph num="(b)"> <text>Estimated average daily demand,</text> </paragraph> <paragraph num="(c)"> <text>Estimated peak daily demand,</text> </paragraph> <paragraph num="(d)"> <text>Required fire flow; and</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>The source or sources of supply for the system, including data on the chemical, mineral, and bacteriological characteristics of the source.</text> </paragraph> </paragraph> <paragraph num="C."> <text>For sewage disposal systems, the applicant shall submit the following information:</text> <paragraph num="(1)"> <text>The plant loading, including:</text> <paragraph num="(a)"> <text>Average daily flow (gallons per day);</text> </paragraph> <paragraph num="(b)"> <text>Peak daily flow (gallons per day);</text> </paragraph> <paragraph num="(c)"> <text>Pounds of biochemical oxygen demand per day; and</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Effluent limitations if not shown on the State of Maryland discharge permit.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Construction Information."> <text>The applicant shall submit a brief description and estimated cost of the proposed construction under each three-digit code classification of Utility Plant Accounts as set forth in the most recent publication of “Uniform System of Accounts for Class Water/Sewer Utilities” by the National Association of Regulatory Utility Commissioners, Washington, D. C.</text> </regulation> <annotations> <annotation type="Authority">Public Utilities Article, §§2-121 and 5-204, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: October 11, 1982 (9:20 Md. R. 1982)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03A amended effective May 14, 2001 (28:9 Md. R. 890)</annotation> </annotations> </chapter> <chapter num="04" heading="Other Information"> <regulation prefix="Regulation" num=".01" heading="General."> <text>Each application for authority to construct a system shall be accompanied by the information required by this chapter.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Index to Application."> <text>The applicant shall submit a list of all documents, maps, exhibits, permits, and other items with its application.</text> </regulation> <regulation prefix="Regulation" num=".03" heading="Additional Material."> <text>In addition to the documents, data, and information required to be submitted with an application by this subtitle, the Commission may require the applicant before or at the public hearing to furnish additional material that may be necessary to establish that the proposed water system, sewage disposal system, or both, are in the public interest.</text> </regulation> <regulation prefix="Regulation" num=".04" heading="Ownership and Easements."> <paragraph num="A."> <text>Except as provided in §B of this regulation, the applicant shall submit documentary evidence showing:</text> <paragraph num="(1)"> <text>Its ownership, in fee simple absolute, of the land where water and sewage treatment facilities and other necessary structures and facilities are located; and</text> </paragraph> <paragraph num="(2)"> <text>Its acquisition of easements, rights-of-way, or both, for all water and sewer pipelines and appurtenances located on private property.</text> </paragraph> </paragraph> <paragraph num="B."> <text>If pipelines are to be located in public or dedicated streets and roads, the applicant shall:</text> <paragraph num="(1)"> <text>Inform the Commission of this in its application; and</text> </paragraph> <paragraph num="(2)"> <text>Show that it retains the rights of ownership and maintenance of those pipelines.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Existence of Availability or Demand Charges."> <paragraph num="A."> <text>In a statement filed with the application, the applicant shall disclose whether or not purchasers of unimproved land, located in the proposed service area of the applicant, will be subject to an availability or a similar type of demand charge to be collected by the land developer-seller, by the applicant, or by any other party or organization.</text> </paragraph> <paragraph num="B."> <text>If an availability or a similar type of demand charge is proposed by the applicant or any other party, the application shall contain the justification and derivation of this charge, together with documents showing compliance with the provisions and requirements of §§E and F, of this regulation.</text> </paragraph> <paragraph num="C."> <text>Any proposed availability or demand charge is subject to acceptance and approval by the Commission.</text> </paragraph> <paragraph num="D."> <text>If approved, the tariffs and rate schedules of the applicant shall contain the information set forth in §F, of this regulation.</text> </paragraph> <paragraph num="E."> <text>Any contract of sale between the buyer of unimproved or improved land in the service area of the applicant, or authorized water company, sewage disposal company, or both, and the seller shall contain a provision stating that the buyer will be required to make payment of an availability or similar type of demand charge to the seller, to the authorized water company, sewage disposal company, or both, or to another authorized third party or organization, as appropriate.</text> </paragraph> <paragraph num="F."> <text>If the seller of the unimproved or improved land or any third party or organization is to collect the availability charge, the contract of sale shall contain a further provision stating:</text> <paragraph num="(1)"> <text>The dollar amount and billing period of the charge;</text> </paragraph> <paragraph num="(2)"> <text>That this charge will expire when the landowner (buyer) improves his property, connects to the utility system, and receives water service, sewage disposal service, or both, from the authorized water or sewage disposal company at approved rates;</text> </paragraph> <paragraph num="(3)"> <text>That this charge is either to defray the utility's operating expenses or to defray construction costs of the plant or system, or both, at specified percentages; and</text> </paragraph> <paragraph num="(4)"> <text>That money collected from the charges will be remitted no less frequently than every 3 months to the authorized public service company, which shall account for that money in accordance with the Uniform System of Accounts.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Approval of Availability or Demand Charges."> <text>If an availability charge is approved and is to be collected, in whole or in part, for the purpose of recovery of capital investment, its collection, in whole or in part, shall cease when that capital investment has been recovered, even though the payers remain unconnected to the system.</text> </regulation> <regulation prefix="Regulation" num=".07" heading="Contract of Sale."> <paragraph num="A."> <text>The applicant shall obtain and submit with his application a representative copy of a contract of sale to be used, or that is used, by the developer for the sale of unimproved or improved residential property in the service area of the applicant, if the contract imposes upon the property purchaser the payment to any person or party of any estimated or actual deferred or other charge associated with the proposed water or sewage disposal company and for the rendition of water or sewage disposal service or services.</text> </paragraph> <paragraph num="B."> <text>These charges may be, but are not limited to, connection fees, availability charges, consumption charges, and any type of assessment.</text> </paragraph> <paragraph num="C."> <text>Nothing in this regulation is to be construed to indicate that any of the above charges, as well as all other rates and charges, are permissible but are subject to acceptance and approval by the Commission.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Affidavit."> <text>An applicant seeking Commission authority to exercise its franchise shall submit an affidavit signed by its principal officials that it will strictly and completely abide by and follow current, effective Commission regulations governing service or its own regulations approved by the Commission.</text> </regulation> <annotations> <annotation type="Authority">Public Utilities Article, §§2-121 and 5-204, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: October 11, 1982 (9:20 Md. R. 1982)</annotation> </annotations> </chapter> <chapter num="05" heading="Conditions Upon Approval"> <regulation prefix="Regulation" num=".01" heading="General."> <text>The provisions set forth in this chapter shall be complied with by any person applying to the Commission under Public Utilities Article, §5-204, Annotated Code of Maryland, when the application is approved by the Commission.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Compliance With the Law."> <text>Applicants, if granted authorization to begin construction of a water or sewage disposal system, shall comply with all provisions of the Public Utilities Article, Annotated Code of Maryland.</text> </regulation> <regulation prefix="Regulation" num=".03" heading="Copy of Rates."> <paragraph num="A."> <text>Upon acceptance by the Commission of the proposed rates and charges required to be filed with the application by COMAR 20.73.02.07, all known potential or current customers or users shall be provided with a written copy of the accepted rates and charges by the applicant.</text> </paragraph> <paragraph num="B."> <text>Temporary Rates.</text> <paragraph num="(1)"> <text>If any proposed rate or charge is accepted by the Commission on a temporary, provisional basis, that rate or charge shall be subject to any condition and requirement ordered or directed by the Commission.</text> </paragraph> <paragraph num="(2)"> <text>Any subsequent revisions to the accepted temporary, provisional rates and charges shall be filed with the Commission pursuant to the provisions of Public Utilities Article, §4-203, Annotated Code of Maryland.</text> </paragraph> </paragraph> <paragraph num="C."> <text>All current and known potential customers or users of the services provided by the system shall be provided with a copy of any revised or final rates and charges as approved by the Commission.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="As-Built Plans."> <text>Upon receiving Commission authority to construct, each applicant shall prepare and permanently retain a complete set of “as-built” plans for the system.</text> </regulation> <regulation prefix="Regulation" num=".05" heading="Actual Costs of Plant."> <paragraph num="A."> <text>The applicant shall record the actual cost of any subsequent plant construction and the date when the construction was placed into service in accordance with the Uniform System of Accounts, and shall retain bills, invoices, and any other document showing actual costs.</text> </paragraph> <paragraph num="B."> <text>The applicant may consult with the Commission's Rate Research and Economics Division as to suggested methods in using this cost of plant construction information to determine annual depreciation methods and rates.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Public Utilities Article, §§2-121 and 5-204, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: October 11, 1982 (9:20 Md. R. 1982)</annotation> </annotations> </chapter> </subtitle> <subtitle num="75" heading="Service Supplied by Sewage Disposal Companies"> <chapter num="01" heading="General"> <regulation prefix="Regulation" num=".01" heading="Authorization of Regulations."> <text>The Public Utilities Article, Annotated Code of Maryland, provides that the Commission shall have the power to make such reasonable regulations as it deems necessary to carry out the provisions of this law and any other law relating to the Commission.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Application of Regulations."> <paragraph num="A."> <text>Application. These regulations apply to any sewage disposal utility operating within the State, under the jurisdiction of the Public Service Commission.</text> </paragraph> <paragraph num="B."> <text>Purpose. These regulations are intended to promote safe and adequate service to the public, to provide standards for uniform and reasonable practices by utilities, and to outline the responsibility of the public in requesting and receiving service from the utilities.</text> </paragraph> <paragraph num="C."> <text>Exemption. If unreasonable hardship to a utility or to a customer results from the application of any of these regulations, application may be made to the Commission for the modification of the regulation or for temporary or permanent exemption from its requirements.</text> </paragraph> <paragraph num="D."> <text>Modification. The adoption of these regulations does not preclude the Commission from altering or amending them, or from making such modifications with respect to their application as may be found necessary to meet exceptional conditions.</text> </paragraph> <paragraph num="E."> <text>Duties Under Other Statutes. These regulations do not relieve any utility from any of its duties under the laws of this State.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Definitions."> <paragraph num="A."> <text>In this subtitle, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Commission” means the Public Service Commission of Maryland.</text> </paragraph> <paragraph num="(2)"> <text>“Customer” means a person, partnership, association, corporation, or government agency being provided with sewage disposal service by a utility.</text> </paragraph> <paragraph num="(3)"> <text>“Main” means a sewage pipe owned, operated, or maintained by a sewage disposal company, which is used to transport sewage, but does not include “service pipe.”</text> </paragraph> <paragraph num="(4)"> <text>“Premises” means a tract of land or real estate, including buildings and other appurtenances thereon.</text> </paragraph> <paragraph num="(5)"> <text>“Service pipe” means the pipe which runs from the customer's premises to the main, and which receives sewage from the customer's premises.</text> </paragraph> <paragraph num="(6)"> <text>“Sewage” means ground garbage, human and animal excretions, and all other domestic type waste normally disposed of by a domicile, or commercial establishment, through the sanitary drainage system.</text> </paragraph> <paragraph num="(7)"> <text>“Sewage plant” means a plant and property owned by a sewage disposal utility, used in its business operations of providing sewage disposal service to its customers.</text> </paragraph> <paragraph num="(8)"> <text>“Utility” means a “sewage disposal company” as defined in Public Utilities Article, §1-101, Annotated COde of Maryland.</text> </paragraph> </paragraph> </regulation> <annotations> <annotation type="Authority">Public Utilities Article, §§2-113, 2-121, 5-101, and 5-303, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: September 1, 1965 (Order No. 55971)</annotation> </annotations> </chapter> <chapter num="02" heading="Engineering"> <regulation prefix="Regulation" num=".01" heading="Good Engineering Practice."> <text>The sewerage plant of the utility shall be constructed, installed, maintained, and operated in accordance with accepted good engineering practice to assure, as far as reasonably possible, continuity of service, uniformity in the quality of service furnished, and the safety of persons and property.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Design and Construction Requirements."> <text>The design and construction of the sewerage plant shall conform to the requirements of the Department of the Environment.</text> </regulation> <regulation prefix="Regulation" num=".03" heading="Minimum Pipe Size."> <text>The mains shall be at least 8 inches inside diameter and the service pipes shall be at least 4 inches inside diameter.</text> </regulation> <regulation prefix="Regulation" num=".04" heading="Adequacy of Sewerage Plant."> <text>The capacity of the utility's plant for the collection, transmission, treatment, and disposal of sewage and sewage effluent shall be sufficiently large to meet all normal demands for service and provide a reasonable reserve for emergencies.</text> </regulation> <regulation prefix="Regulation" num=".05" heading="Inspection of Sewerage Plant."> <text>Each utility shall adopt a program of inspection of its sewerage plant in order to determine the necessity for replacement and repair. The frequency of the various inspections shall be based on the utility's experience and accepted good practice. Each utility shall keep sufficient records to give evidence of compliance with its inspection program.</text> </regulation> <regulation prefix="Regulation" num=".06" heading="Service Pipe Connections."> <paragraph num="A."> <text>Utility's Service Pipe. The utility shall install and maintain that portion of the service pipe from the main to the boundary line of the easement, public road, or street, under which the main may be located.</text> </paragraph> <paragraph num="B."> <text>Customer's Service Pipe. The customer shall install and maintain that portion of the service pipe from the end of the utility's portion into the premises served.</text> </paragraph> <paragraph num="C."> <text>Requirements for Customer's Service Pipe. The portion of the service pipe installed and maintained by the customer shall conform to all reasonable regulations of the utility. It shall be constructed of approved materials and shall be installed and maintained in accordance with accepted good practice and in conformance with applicable codes or governmental regulations.</text> </paragraph> <paragraph num="D."> <text>Restrictions on Installation. A sewer service pipe may not be laid in the same trench with water pipe unless the water service pipe is laid on a shelf on the side of the trench, not less than 12 inches above and not less than 18 inches horizontally away from the sewer pipe.</text> </paragraph> <paragraph num="E."> <text>Inspection. If a governmental agency requires an inspection of the customer's plumbing, the utility may not connect the customer's service pipe until it receives a notice from the inspecting agency certifying that the customer's plumbing is satisfactory.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Main Extensions."> <paragraph num="A."> <text>Applications. Applications for extensions of sewer mains shall be made in writing.</text> </paragraph> <paragraph num="B."> <text>Ownership of Extensions. Any facilities installed in connection with the extension of mains shall become the property of the utility.</text> </paragraph> <paragraph num="C."> <text>Construction Specifications. The size, type, quality of materials, and their location shall be specified by the utility and the actual construction shall be done by the utility or by a constructing agency acceptable to it.</text> </paragraph> <paragraph num="D."> <text>Calculating Length of Extension. In arriving at the length of main extension necessary to render service at any point, the distance from that point to the nearest main shall be considered along lines of proper construction, due consideration being given to the general layout of the system. Normally, extensions across streets or roads 70 feet or less in width shall be made at the expense of the utility and may not be considered in arriving at the length or cost of the extension to the applicant. However, in a special situation the applicant may be required to bear a part of the cost of crossing the street or road.</text> </paragraph> <paragraph num="E."> <text>Electing Alternate Route. When the property of the applicant is located adjacent to a street or highway exceeding 70 feet in width, or a freeway, waterway, or railroad right-of-way, the utility may elect to install a main extension on the same side thereof as the property of the applicant, and the estimated cost in this case may be based on such an extension.</text> </paragraph> <paragraph num="F."> <text>Established Grades Required. The utility may not be required to make extensions where grades have not been brought to those established by public authority.</text> </paragraph> <paragraph num="G."> <text>Requirements of Public Authorities. When an extension must comply with an ordinance, regulation, or specification of a public authority, the estimated cost of the extension shall be based upon the facilities required for compliance.</text> </paragraph> <paragraph num="H."> <text>Utility's Portion of Extension. The utility shall extend its sewer mains to serve new customers, other than subdivisions, housing projects, industrial developments, etc., at its own expense, when the cost of the required total length of main extension plus any special pumping facilities required is not in excess of three times the estimated annual revenue to be derived from the extension, which amount shall be designated the “allowance.”</text> </paragraph> <paragraph num="I."> <text>Estimated Annual Revenue. For the purpose of these regulations, the estimated annual revenue for residential service shall be the utility's average annual revenue per residential customer for the prior calendar year, the average to be effective on April 1st and used until the following April 1st. In unusual cases and for other classes of service, the utility may estimate the annual revenue to be derived in each case.</text> </paragraph> <paragraph num="J."> <text>Customer's Portion of Extension. If the estimated cost of the required total length of main extension plus any special pumping facilities required is in excess of the “allowance” for the service connections applied for, the applicant for the service shall be required to advance to the utility before construction is commenced that portion of the estimated cost of the extension over and above the “allowance.” The amount of the advance to the utility may not include any costs of increasing the size or capacity of the utility's existing mains or any other facilities used or necessary in connection with the proposed extension, except as provided in §L, below. If the actual cost of the extension is less than the estimated cost, the utility shall promptly refund to the applicant any overpayment.</text> </paragraph> <paragraph num="K."> <text>Division of Customer's Portion of Extension. When more than one applicant is involved and an advance is required in payment for a main extension in excess of the “allowance”, the amount of the advance shall be divided equally among the applicants, except that some different allocation may be approved by the utility under special conditions.</text> </paragraph> <paragraph num="L."> <text>Extension to Subdivision, Etc. An applicant for a main extension to serve a new subdivision, tract, housing project, or industrial development shall be required to advance to the utility before construction is commenced the estimated reasonable cost of installation of the mains, from the nearest existing main at least equal in size to the main required to serve the development, including necessary service stubs or service pipelines, fittings, pumping stations, etc. If additional facilities are required specifically to provide the service requested, the cost of these facilities may be included in the advance upon approval by the Commission.</text> </paragraph> <paragraph num="M."> <text>Basis For Refunds. For each new customer connected to an extension on which the utility holds refundable deposits, the utility shall refund three times the estimated annual revenue to be derived from the customer. Refunds shall be made within 90 days after the new customer's service is connected and shall be made to the depositors who advanced the money for the extension. If more than one depositor is entitled to receive a refund, the total amount shall be divided in proportion to the amount of the unrefunded advance of each depositor.</text> </paragraph> <paragraph num="N."> <text>Disposition of Advances. Advances which may be required from applicants in payment for extensions will be held by the utility without interest. Refunds shall be made in accordance with these regulations and no depositor will have refunded to him an amount in excess of the amount of his advance. Any amount remaining unrefunded at the end of 10 years from the date the advance was received by the utility shall be retained by the utility and transferred to the Contributions in Aid of Construction account.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Public Utilities Article, §§2-121, 5-101, and 5-303, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: September 1, 1965 (Order No. 55971)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02 amended effective May 14, 2001 (28:9 Md. R. 890)</annotation> </annotations> </chapter> <chapter num="03" heading="Records and Reports"> <regulation prefix="Regulation" num=".01" heading="Availability of Records."> <text>All records required by these regulations or necessary for the administration thereof shall be available for examination by the Commission or its authorized representatives.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Retention of Records."> <text>Unless otherwise specified by the Commission, all records required by these regulations shall be preserved for the period of time specified in the current edition of the National Association of Regulatory Utilities Commissioners' publication, “Regulations to Govern the Preservation of Records of Electric, Gas and Water Utilities”, to the extent that the provisions are applicable to sewage disposal utilities.</text> </regulation> <regulation prefix="Regulation" num=".03" heading="Tariff."> <text>Each utility shall file with the Commission a copy of its tariff which shall include:</text> <paragraph num="A."> <text>Rates. Each schedule of rates for service.</text> </paragraph> <paragraph num="B."> <text>Regulations. The utility's regulations, or terms and conditions, describing the utility's policies and practices in rendering service.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Information to be Filed With the Commission."> <paragraph num="A."> <text>Special Contracts. Each utility shall file with the Commission a copy of each contract for service not covered by the utility's filed tariff.</text> </paragraph> <paragraph num="B."> <text>Installation rules. Each utility shall file with the Commission a copy of the utility's rules, if any, designed by the utility for the use of engineers, architects, contractors, etc., covering service installations.</text> </paragraph> <paragraph num="C."> <text>Bill forms. Each utility shall file with the Commission a sample of each type of customer bill form, which shall include the information normally shown on a customer's bill for service.</text> </paragraph> <paragraph num="D."> <text>Map of System. Each utility shall file with the Commission a map showing the utility's operating area. This map shall be revised annually unless no revision is necessary, to reflect a material change in the items listed below. The maps on file should reflect the current status of the following items:</text> <paragraph num="(1)"> <text>Location of pumping stations, treatment plants, and disposal points;</text> </paragraph> <paragraph num="(2)"> <text>Mains by size;</text> </paragraph> <paragraph num="(3)"> <text>Location of manholes;</text> </paragraph> <paragraph num="(4)"> <text>Territorial boundary; and</text> </paragraph> <paragraph num="(5)"> <text>Names of all communities (post offices) served.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Persons to Contact. Each utility shall file with the Commission the name, title, address, and telephone number of the person who should be contacted in connection with:</text> <paragraph num="(1)"> <text>General management duties;</text> </paragraph> <paragraph num="(2)"> <text>Customer relations (complaints);</text> </paragraph> <paragraph num="(3)"> <text>Engineering operations; and</text> </paragraph> <paragraph num="(4)"> <text>Emergencies during non-office hours.</text> </paragraph> </paragraph> <paragraph num="F."> <text>Fatal Accident Notice. In the event of a fatal accident, prompt notice shall be given to the Commission by telephone.</text> </paragraph> <paragraph num="G."> <text>Accident Notice. Each utility shall file with the Commission an “Accident Notice” report, on forms provided by the Commission, within 30 days after the end of any month during which an accident occurred.</text> </paragraph> <paragraph num="H."> <text>Construction Reports. Each utility shall file with the Commission a notification of all proposed important additions to plant, the construction of which was started by the utility during the preceding month. For the purpose of this regulation, an important addition to plant means a single project involving the expenditure of at least $50,000, or an amount equivalent to at least 10 percent of the total sewerage plant in service, whichever is less. The notification shall be submitted, in duplicate, on forms supplied by the Commission. One copy will be numbered for identification and returned to the utility to be completed and returned to the Commission when the construction of the project has been completed to the extent that the facility was placed in operation during the preceding month.</text> </paragraph> <paragraph num="I."> <text>Location of Records. Each utility shall notify the Commission of the location at which it keeps the various classes of records required by these regulations.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Public Utilities Article, §§2-121, 5-101, 5-302, and 6-201—6-207, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: September 1, 1965 (Order No. 55971)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04D, F amended effective March 18, 2013 (40:5 Md. R. 412)</annotation> </annotations> </chapter> <chapter num="04" heading="Customer Relations"> <regulation prefix="Regulation" num=".01" heading="Applications for Service."> <paragraph num="A."> <text>Applications. All applications for sewerage service should be made in writing.</text> </paragraph> <paragraph num="B."> <text>Application Constitutes Contract. The accepted application shall constitute a contract between the company and the applicant, obligating the applicant to pay for sewerage service in accordance with the utility's tariff currently on file with the Public Service Commission, and to comply with this subtitle.</text> </paragraph> <paragraph num="C."> <text>Termination of Service. When a customer desires to have his service terminated, he shall notify the utility and the notification should be in writing.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Information for Customers."> <paragraph num="A."> <text>System Maps or Records. Each utility shall maintain up-to-date maps, plans, or records of its entire force main and collection systems, with such other information as may be necessary to enable the utility to advise prospective customers, and others entitled to the information, as to the facilities available for serving any locality.</text> </paragraph> <paragraph num="B."> <text>Selecting Rate Schedule. Each utility shall assist the customer or prospective customer in selecting the most economical rate schedule.</text> </paragraph> <paragraph num="C."> <text>Notifying Customers. Each utility shall notify customers affected by a change in rates or schedule classification.</text> </paragraph> <paragraph num="D."> <text>Tariff Notice. Each utility shall post a notice in a conspicuous place in each office of the utility where applications for service are received, informing the public that a copy of its tariff, as filed with the Commission, is available for inspection.</text> </paragraph> <paragraph num="E."> <text>Other Information. Each utility shall furnish such additional information as the customer may reasonably request.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Customer Deposits."> <text>Each utility may require from a customer a deposit to be applied against any unpaid balance due the utility for service at the time service is terminated, in accordance with the provisions of COMAR 20.30.</text> </regulation> <regulation prefix="Regulation" num=".04" heading="Bill Forms."> <text>The bill forms shall show:</text> <paragraph num="A."> <text>Amount. The gross or net amount, or both, of the bill.</text> </paragraph> <paragraph num="B."> <text>Payment Date. The date by which the customer must pay the bill in order to benefit from a discount or to avoid a penalty.</text> </paragraph> <paragraph num="C."> <text>Estimated Bill. A distinct marking to identify an estimated bill.</text> </paragraph> <paragraph num="D."> <text>Rate Schedule. The applicable rate schedule, or identification of the applicable rate schedule. If the actual rates are not shown, the bill shall carry a statement to the effect that the applicable rate schedule will be furnished on request.</text> </paragraph> <paragraph num="E."> <text>Metering Data. If the rate for sewerage service is based on the reading of the water meter, the bill forms shall show:</text> <paragraph num="(1)"> <text>Meter Reading. The reading of the meter at the end of the period for which the bill is rendered.</text> </paragraph> <paragraph num="(2)"> <text>Meter Reading Date. The date on which the meter was read.</text> </paragraph> <paragraph num="(3)"> <text>Units Used. The number and kind of units metered.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Billing Records."> <text>The utility shall retain customer billing records for the length of time necessary to permit the utility to comply with Regulation .06 of this chapter but not less than 3 years.</text> </regulation> <regulation prefix="Regulation" num=".06" heading="Adjustment of Bills."> <text>When the charge for sewerage service is based on the charge for water used, and it is necessary to adjust the bill for water service, then the bill for sewerage service shall be adjusted in the same rate.</text> </regulation> <regulation prefix="Regulation" num=".07" heading="Refusal to Serve Applicant."> <paragraph num="A."> <text>Noncompliance with Regulations. A utility may decline to serve an applicant until he has complied with this subtitle, and any other applicable State or municipal regulations governing sewer service, and the rules of the utility on file with the Commission.</text> </paragraph> <paragraph num="B."> <text>Utility's Facilities Inadequate. A utility may decline to serve an applicant if it does not have adequate facilities to render the service applied for, or if the intended use is of a character that is likely to adversely affect service to the other customers.</text> </paragraph> <paragraph num="C."> <text>Applicant's Facilities Inadequate. The utility may refuse to serve an applicant if, in its judgment, the applicant's installation of sewer piping is regarded as hazardous or of such character that satisfactory service cannot be given.</text> </paragraph> <paragraph num="D."> <text>Failure to Provide Deposit. The utility may refuse to serve an applicant or customer if he fails to provide the utility with a deposit as authorized in Regulation .03 of this chapter.</text> </paragraph> <paragraph num="E."> <text>Failure to Comply with Service Conditions. A utility may refuse to serve an applicant until he furnishes such service equipment, permits, certificates, or rights-of-way, as shall have been specified by the utility as a condition to obtaining service, or if the equipment or permissions are withdrawn or terminated.</text> </paragraph> <paragraph num="F."> <text>Utility's Discontinuance of Service. Considerations of health and sanitation require that sewer service should not be discontinued because of non-payment of service charges. The sewerage utility should make use of such legal remedies as may be available for the collection of delinquent accounts.</text> </paragraph> <paragraph num="G."> <text>Applicant's Recourse. If the utility refuses to serve an applicant under the provisions of this regulation or any other regulation, the utility shall inform the applicant of the basis of its refusal, and the applicant may appeal to the Commission for a ruling.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Right of Access."> <text>The authorized agents of the utility shall have the right of access to the customer's premises, at reasonable hours, for the purpose of inspecting the customer's sewerage connections and for any other purpose which is proper and necessary in the conduct of the utility's business.</text> </regulation> <regulation prefix="Regulation" num=".09" heading="Identification of Employees."> <text>Every employee, whose duties require him to enter the customer's premises, should wear a distinguishing uniform, or other insignia identifying him as an employee of the utility. The minimum requirement shall be a badge or identification card, carried on his person, certifying him as an employee of the utility authorized to enter the premises to perform necessary inspections or work.</text> </regulation> <regulation prefix="Regulation" num=".10" heading="Investigation of Complaints."> <text>The utility shall investigate promptly and thoroughly any complaint concerning its charges, practices, facilities, or service.</text> </regulation> <regulation prefix="Regulation" num=".11" heading="Records of Complaints."> <text>The utility shall keep such records of customer complaints as will enable it to review and analyze its procedures and actions as an aid in rendering improved service.</text> </regulation> <annotations> <annotation type="Authority">Public Utilities Article, §§2-121 and 5-101, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: September 1, 1965 (Order No. 55971)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 amended effective January 23, 1981 (8:2 Md. R.117)</annotation> </annotations> </chapter> <chapter num="05" heading="Meter Requirements"> <regulation prefix="Regulation" num=".01" heading="Metering of Sewage."> <text>At the present time it is not feasible to employ meters to measure the sewage disposal service required by individual customers, except for extremely large usage. When the sewage disposal utility is operated in conjunction with a water utility, and serves the same area, the charge for sewage disposal service may be based on the consumption registered on the customer's water meter.</text> </regulation> <annotations> <annotation type="Authority">Public Utilities Article, §§2-121, 5-101, and 5-303, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: September 1, 1965 (Order No. 55971)</annotation> </annotations> </chapter> <chapter num="06" heading="Quality of Service"> <regulation prefix="Regulation" num=".01" heading="Adequate Plant."> <text>Each utility shall maintain and operate a sewage treatment plant of adequate size and properly equipped to treat the sewage, and discharge the effluent at the degree of purity required by the health laws of Maryland, and in other respects shall comply with the laws and regulations of the Department of the Environment.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Limitations of Sewerage System."> <text>A sewage disposal utility may not be obliged to receive for treatment, or disposal, any material except sewage as defined in COMAR 20.75.01.03B(6). Rain water discharged from roofs, lawns, paved areas, etc., is especially prohibited, unless the sewerage system is designed with collecting mains and a treatment plant of adequate size to accommodate this greater flow of liquid. The sewage disposal utility may not be obliged to receive for treatment or disposal any corrosive or toxic industrial liquid waste. Industrial liquid waste which has been treated to make it noncorrosive and nontoxic may be accepted for disposal provided the utility's plant is of sufficient size to accommodate it.</text> </regulation> <regulation prefix="Regulation" num=".03" heading="Interruption of Service."> <paragraph num="A."> <text>Endeavor to Avoid Interruptions. Each utility shall make reasonable efforts to avoid interruptions of service, but when interruptions occur, service shall be reestablished within the shortest time practicable, consistent with safety.</text> </paragraph> <paragraph num="B."> <text>Notification to Commission. Each utility shall notify the Commission by telephone or telegraph of any interruption to the service of a major portion of its distribution system when the interruption lasts for more than 6 hours.</text> </paragraph> <paragraph num="C."> <text>Planned Interruptions. Planned interruptions shall be made at a time that will not cause unreasonable inconvenience to customers and shall be preceded, if feasible, by adequate notice to those who will be affected.</text> </paragraph> <paragraph num="D."> <text>Record of Interruptions. Each utility shall keep records of interruptions of service on its system and shall make an analysis of the records for the purpose of determining steps to be taken to prevent recurrence of the interruptions. The records should include the following information concerning the interruptions:</text> <paragraph num="(1)"> <text>Cause;</text> </paragraph> <paragraph num="(2)"> <text>Date and time; and</text> </paragraph> <paragraph num="(3)"> <text>Duration.</text> </paragraph> </paragraph> </regulation> <annotations> <annotation type="Authority">Public Utilities Article, §§2-121, 5-101, and 5-303, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: September 1, 1965 (Order No. 55971)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended effective May 14, 2001 (28:9 Md. R. 890)</annotation> </annotations> </chapter> <chapter num="07" heading="Safety"> <regulation prefix="Regulation" num=".01" heading="Protective Measures."> <paragraph num="A."> <text>Exercise Reasonable Care. Each utility shall exercise reasonable care to reduce the hazards to which its employees, its customers, and the general public may be subjected.</text> </paragraph> <paragraph num="B."> <text>Investigation by Commission. The utility shall give reasonable assistance to the Commission in the investigation of the cause of accidents and in the determination of suitable means of preventing accidents.</text> </paragraph> <paragraph num="C."> <text>Record of Accidents. Each utility shall maintain a summary of all reportable accidents arising from its operations.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Safety Program."> <paragraph num="A."> <text>Adopt Safety Program. Each utility shall adopt and execute a safety program, fitted to the size and type of its operations.</text> </paragraph> <paragraph num="B."> <text>Use Suitable Tools and Equipment. Each utility should require its employees to use suitable tools and equipment in order that they may perform their work in a safe manner.</text> </paragraph> <paragraph num="C."> <text>Promote Safe Work Methods. Each utility should require its employees to use safe methods in performing their work.</text> </paragraph> <paragraph num="D."> <text>Instruct In Artificial Respiration. Each utility should require that its employees who, in the course of their work, are subject to the hazards of asphyxiation, electrical shock, or drowning, be properly instructed in accepted methods of artificial respiration.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Public Utilities Article, §§2-113, 2-121, 5-101, and 5-303, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: September 1, 1965 (Order No. 55971)</annotation> </annotations> </chapter> <chapter num="08" heading="Establishing Rates for Small Sewage Disposal Companies"> <regulation prefix="Regulation" num=".01" heading="Scope."> <text>This chapter applies to small sewage disposal companies whose gross annual revenues for the most recent calendar year do not exceed $350,000.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Applicant” means a small sewage disposal company seeking a change in rates or rate design under the provisions of this chapter.</text> </paragraph> <paragraph num="(2)"> <text>“Small sewage disposal company” means a sewage disposal company as defined in Public Utilities Article, §1-101, Annotated Code of Maryland eligible to seek a change in rates or rate design under the provisions of this chapter.</text> </paragraph> <paragraph num="(3)"> <text>“Staff-assisted rate case” means a proceeding by which a small sewage disposal company may, under the conditions of this chapter, seek a rate increase or change in rate design.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Waiver."> <text>Upon application by an applicant, the Commission may waive the application of a regulation in this chapter to an applicant that demonstrates good cause.</text> </regulation> <regulation prefix="Regulation" num=".04" heading="Development of a Staff-Assisted Rate Case."> <paragraph num="A."> <text>A Staff-assisted rate case shall be developed upon the submission of the following documents to the Commission’s Executive Director:</text> <paragraph num="(1)"> <text>A letter requesting development of a staff-assisted rate case; and</text> </paragraph> <paragraph num="(2)"> <text>A completed staff-assisted rate case application for a small sewage disposal company including all necessary attachments or exhibits.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Upon receipt of all completed materials listed in §A of this regulation, the Commission’s technical staff shall send the applicant and the Maryland Office of People’s Counsel written notice that the application has been received, and the staff-assisted rate case shall be deemed submitted.</text> </paragraph> <paragraph num="C."> <text>If the application is not complete:</text> <paragraph num="(1)"> <text>Technical staff shall give notice to the applicant in writing of any deficiencies;</text> </paragraph> <paragraph num="(2)"> <text>The applicant shall have a reasonable opportunity, not to exceed 90 business days, after receipt of the notice to file information to remedy the indicated deficiencies; and</text> </paragraph> <paragraph num="(3)"> <text>If deficiencies are not resolved in a timely manner, the applicant shall be informed in writing that the application for a staff-assisted rate case has been rejected.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Staff-Assisted Rate Case Procedures."> <paragraph num="A."> <text>The procedures for a staff-assisted rate case are:</text> <paragraph num="(1)"> <text>The Commission’s Accounting Investigations Division shall audit the small sewage disposal company’s books and records, including those relating to depreciation;</text> </paragraph> <paragraph num="(2)"> <text>The Commission’s Engineering Division shall inspect the small sewage disposal company’s facilities, provide a description of the various system components, evaluate the condition of the various system components, and evaluate the adequacy of service being provided;</text> </paragraph> <paragraph num="(3)"> <text>The Commission’s Telecommunications, Gas and Water Division shall establish a rate of return applicable to rates to be proposed for the applicant based on the work of the Accounting Investigations Division and the Engineering Division; and</text> </paragraph> <paragraph num="(4)"> <text>The work of the Commission’s technical staff shall be coordinated by the Office of Staff Counsel which, upon completion of all required work needed to propose rates, shall compile a report containing technical staff’s work papers, findings, and recommendation as to the small sewage disposal company’s revenue requirements and rates which shall be forwarded to the Executive Director.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Upon approval from the Executive Director, technical staff’s report shall be sent to the applicant for its review and acceptance. Following the applicant’s acceptance, the report shall be sent to the Maryland Office of People’s Counsel and any known affected community association whose members are served by the applicant for the purpose of determining whether the proposed rates contained in technical staff’s report can be agreed upon.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Stipulation and Settlement."> <paragraph num="A."> <text>The applicant, the Maryland Office of People’s Counsel, the Commission’s technical staff, and any other interested persons shall engage in negotiations for the purpose of reaching a settlement agreement.</text> </paragraph> <paragraph num="B."> <text>If an agreement is reached, it shall be reduced to writing in the form of a stipulation and settlement with such exhibits as are appropriate.</text> </paragraph> <paragraph num="C."> <text>A stipulation and settlement derived under §A of this regulation shall be filed with the Commission together with a summary letter from technical staff and the technical staff report.</text> </paragraph> <paragraph num="D."> <text>Upon filing as described by §C of this regulation, the stipulation and settlement shall be assigned a case number and treated as any other case which is filed with the Commission.</text> </paragraph> <paragraph num="E."> <text>If no agreement is reached under §A of this regulation, the applicant may file a request for a revision of its retail rates under Public Utilities Article, §§4-203(a) and 4-204, Annotated Code of Maryland.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Public Utilities Article, §§2-113, 2-121, and 4-203(c), Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: April 22, 2019 (46:8 Md. R. 402)</annotation> </annotations> </chapter> </subtitle> <subtitle num="79" heading="Applications Concerning the Construction or Modification of Generating Stations, Qualified Generator Lead Lines, and Overhead Transmission Lines"> <chapter num="01" heading="General"> <regulation prefix="Regulation" num=".01" heading="Scope."> <text>The regulations in this subtitle apply to:</text> <paragraph num="A."> <text>A person applying for a Certificate of Public Convenience and Necessity for the construction of a generating station, qualified generator lead line, or overhead transmission line, or modification to an existing electric generating station, or an overhead transmission line;</text> </paragraph> <paragraph num="B."> <text>A person requesting an exemption from the requirement to obtain a Certificate of Public Convenience and Necessity for the construction of a generating station under Regulation .03 of this chapter; or</text> </paragraph> <paragraph num="C."> <text>A person making a modification under Public Utilities Article, §7-205, Annotated Code of Maryland.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this subtitle, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Aesthetic site” means a site whose aesthetic nature is:</text> <paragraph num="(a)"> <text>Of general public interest; or</text> </paragraph> <paragraph num="(b)"> <text>Officially recognized by a local, state, or federal agency charged with responsibility to oversee the protection of the environment.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>“Affected community” means the residential individuals, organizations, and other entities residing:</text> <paragraph num="(a)"> <text>Within a 1-mile radius of a proposed electric generating station fence line for an urban area, as defined by the Census Bureau in 76 Federal Register 53030 and 53043 (August 24, 2011); and</text> </paragraph> <paragraph num="(b)"> <text>Within a 3-mile radius of the proposed electric generating station fence line for a rural area, as defined by the Census Bureau in 76 Federal Register 53030 and 53043 (August 24, 2011).</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>“Agrivoltaics” means co-development of the same area of land for both the solar generation of electricity and conventional agriculture, including but not limited to animal grazing and growing shade-tolerant crops.</text> </paragraph> <paragraph num="(4)"> <text>“Applicant” means a person applying for:</text> <paragraph num="(a)"> <text>A Certificate of Public Convenience and Necessity to:</text> <paragraph num="(i)"> <text>Construct or modify an electric generating station, including its associated transmission line, if applicable;</text> </paragraph> <paragraph num="(ii)"> <text>Construct a qualified generator lead line; or</text> </paragraph> <paragraph num="(iii)"> <text>Construct or modify a transmission line; or</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>An exemption from the requirement to obtain a Certificate of Public Convenience and Necessity to construct a generating station.</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>“Application” means a request for:</text> <paragraph num="(a)"> <text>A Certificate of Public Convenience and Necessity under Public Utilities Article, §§7-207 and 7-208, Annotated Code of Maryland, for the construction of an electric generating station including its associated transmission line, if applicable, a qualified generator lead line, or a transmission line;</text> </paragraph> <paragraph num="(b)"> <text>A Certificate of Public Convenience and Necessity and any other approvals necessary under Public Utilities Article, §§7-205, 7-206, 7-207, or 7-208, Annotated Code of Maryland, to begin a modification to an electric generating station or an existing transmission line; or</text> </paragraph> <paragraph num="(c)"> <text>An exemption from the requirement to obtain a Certificate of Public Convenience and Necessity for the construction of a generating station under Public Utilities Article, §7-207.1, Annotated Code of Maryland.</text> </paragraph> </paragraph> <paragraph num="(6)"> <text>“Approval” as used in Public Utilities Article, §7-205, Annotated Code of Maryland, means a Certificate of Public Convenience and Necessity issued under Public Utilities Article, §§7-207 and 7-208, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(7)"> <text>“Archeological site” means a site yielding artifacts, structural remains, or evidence of occupation or use from 50 or more years ago, as designated by the Maryland Historical Trust, by the State Archeologist for the Maryland Geological Survey, or by another agency or government unit with responsibility for archeological sites.</text> </paragraph> <paragraph num="(8)"> <text>“Associated transmission line” means a transmission line that is necessary to transport the electric output of the generating station to the electric system.</text> </paragraph> <paragraph num="(9)"> <text>“Brownfields site” has the meaning stated in Public Utilities Article, §7-207(a)(2)(i)—(iii), Annotated Code of Maryland.</text> </paragraph> <paragraph num="(10)"> <text>Commence.</text> <paragraph num="(a)"> <text>“Commence” means, with respect to a modification and in general, initiation of physical on-site construction activities that are of a permanent nature, including installing building supports and foundations, laying of underground pipework, and constructing permanent storage structures.</text> </paragraph> <paragraph num="(b)"> <text>“Commence” means, with respect to a change in the method of operation, those on-site activities, other than preparatory activities, that mark the initiation of the change.</text> </paragraph> </paragraph> <paragraph num="(11)"> <text>“Community liaison officer” refers to an individual designated by the applicant to communicate information and coordinate activities between the applicant and the affected communities, and with whom members of the public can raise questions or concerns about the proposed project.</text> </paragraph> <paragraph num="(12)"> <text>“Complete application” means an application for a Certificate of Public Convenience and Necessity for the construction of a generating station or an overhead transmission line, or an application for the modification to an existing electric generating station or transmission line that meets the requirements specified in Regulation .06 of this chapter.</text> </paragraph> <paragraph num="(13)"> <text>Concept Plan.</text> <paragraph num="(a)"> <text>“Concept plan” means a conceptual site plan presenting the type and arrangement of a proposed facility and its components to be located on a site.</text> </paragraph> <paragraph num="(b)"> <text>“Concept plan” includes the information necessary under COMAR 20.79.03.01 to allow an initial evaluation of a proposed project.</text> </paragraph> </paragraph> <paragraph num="(14)"> <text>Construction.</text> <paragraph num="(a)"> <text>“Construction” has the meaning stated in Public Utilities Article, §7-207, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(b)"> <text>“Construction” does not mean:</text> <paragraph num="(i)"> <text>A change needed for temporary use of a site or a route for a nonutility purpose or for use in securing geologicl data, including borings necessary to ascertain foundation conditions; or</text> </paragraph> <paragraph num="(ii)"> <text>The installation of visual buffering, including vegetative screening and fencing.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(15)"> <text>“Critical Area” has the meaning stated in COMAR 27.01.01.01.</text> </paragraph> <paragraph num="(16)"> <text>“Demand” means the rate of consumption of electricity.</text> </paragraph> <paragraph num="(17)"> <text>“EJSCREEN” means the U.S. Environmental Protection Agency environmental justice screening and mapping tool.</text> </paragraph> <paragraph num="(18)"> <text>“EJSCREEN ACS Report” means a printable report using the EJSCREEN tool and generated with demographic data from the U.S. Census Bureau American Community Survey, which include demographic indicators for race/ethnicity, poverty, age, educational level, and language barriers.</text> </paragraph> <paragraph num="(19)"> <text>“EJSCREEN Standard Report” means a printable report using the EJSCREEN tool that displays the environmental and demographic indicators and indexes for the area selected.</text> </paragraph> <paragraph num="(20)"> <text>“Electric company” has the meaning stated in Public Utilities Article, §1-101, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(21)"> <text>“Environmental review document” means a written document submitted as part of an application for a Certificate of Public Convenience and Necessity, containing the information required pursuant to COMAR 20.79.03, including the applicant’s analysis of the project’s potential environmental and socioeconomic impacts.</text> </paragraph> <paragraph num="(22)"> <text>“Forest” has the meaning stated in Natural Resources Article, §5-1601, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(23)"> <text>Generating Station.</text> <paragraph num="(a)"> <text>“Generating station” means property or facilities located in Maryland constituting an integral plant or generating unit for the production of electric energy, including any new production unit that would be added to an existing production plant.</text> </paragraph> <paragraph num="(b)"> <text>“Generating station” does not include an integral plant or generating unit less than or equal to 2,000 kilowatts if it is installed with equipment that prevents the flow of electricity to the electric system during time periods when the electric system is out of service.</text> </paragraph> </paragraph> <paragraph num="(24)"> <text>“Generating unit” means the component of a generating station that produces electrical energy and contains:</text> <paragraph num="(a)"> <text>A separate electrical isolation device to prevent the flow of electricity when required for operation or maintenance;</text> </paragraph> <paragraph num="(b)"> <text>A separate energy measurement meter;</text> </paragraph> <paragraph num="(c)"> <text>A separate inverter, if applicable; and</text> </paragraph> <paragraph num="(d)"> <text>The ability to be operated in an independent manner from other generating units.</text> </paragraph> </paragraph> <paragraph num="(25)"> <text>“Historic site” means a site registered by the:</text> <paragraph num="(a)"> <text>Maryland Historical Trust;</text> </paragraph> <paragraph num="(b)"> <text>National Register of Historic Places;</text> </paragraph> <paragraph num="(c)"> <text>National Register of Natural Landmarks;</text> </paragraph> <paragraph num="(d)"> <text>Register of National Historic Landmarks; or</text> </paragraph> <paragraph num="(e)"> <text>National Trust for Historic Preservation.</text> </paragraph> </paragraph> <paragraph num="(26)"> <text>“Linear facilities” means ancillary components of a generating station that may have environmental or land use impacts in Maryland, including:</text> <paragraph num="(a)"> <text>A pipeline for the delivery of fuel or cooling water; and</text> </paragraph> <paragraph num="(b)"> <text>An associated transmission line or qualified generator lead line.</text> </paragraph> </paragraph> <paragraph num="(27)"> <text>“Lot coverage” has the meaning stated in Natural Resources Article, §8-1802(a), Annotated Code of Maryland.</text> </paragraph> <paragraph num="(28)"> <text>Modification.</text> <paragraph num="(a)"> <text>“Modification” to an electric generating station has the meaning stated in Public Utilities Article, §7-205, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(b)"> <text>“Modification” to an existing transmission line means:</text> <paragraph num="(i)"> <text>Obtaining new real property or additional rights-of-way through eminent domain; or</text> </paragraph> <paragraph num="(ii)"> <text>Construction requiring larger or higher structures to accommodate increased voltage or larger conductors.</text> </paragraph> </paragraph> <paragraph num="(c)"> <text>“Modification” includes any clean air modification under Public Utilities Article, §7-206, Annotated Code of Maryland.</text> </paragraph> </paragraph> <paragraph num="(29)"> <text>“On-site generated electricity” has the meaning stated in Public Utilities Article, §1-101, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(30)"> <text>“Person” has the meaning stated in Public Utilities Article, §1-101, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(31)"> <text>“Person-years of employment” means a unit of measure for the amount of work performed by one person working full-time for 1 year.</text> </paragraph> <paragraph num="(32)"> <text>“Plan” means a comprehensive and interrelated set of actions for meeting forecasted electric demand for the 10-year period from the date of the application.</text> </paragraph> <paragraph num="(33)"> <text>“Prime farmland” means those lands which are defined by the Secretary of the United States Department of Agriculture in 7 CFR §657.5 and which have historically been used for cropland.</text> </paragraph> <paragraph num="(34)"> <text>“Project” means a proposed generating station, including linear facilities, existing generating station modification, qualified generator lead line, transmission line, or existing transmission line modification.</text> </paragraph> <paragraph num="(35)"> <text>“Public airport” includes a privately owned airport as defined in Public Utilities Article, §7-207, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(36)"> <text>“Qualified generator lead line” has the meaning stated in Public Utilities Article, §7-207(a)(2)(iv), Annotated Code of Maryland.</text> </paragraph> <paragraph num="(37)"> <text>“Qualifying generating station” means a proposed fossil fuel generating station, as generating station is defined under this subtitle, that is over 70 megawatts in nameplate capacity and subject to the requirements under Public Utilities Article, §§7-207 and 7-208, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(38)"> <text>“Regulated pollutant” means:</text> <paragraph num="(a)"> <text>Any pollutant for which a federal or the State ambient air quality standard has been promulgated, and any identified constituent or precursor pollutants regulated under an ambient air quality standard;</text> </paragraph> <paragraph num="(b)"> <text>Any pollutant that is subject to any standard promulgated under 42 U.S.C. §7411;</text> </paragraph> <paragraph num="(c)"> <text>Any Class I or Class II substance that is subject to a standard promulgated under Title VI of the Clean Air Act, 42 U.S.C. §7671 et seq.;</text> </paragraph> <paragraph num="(d)"> <text>Any other pollutant that is otherwise subject to regulation under the Clean Air Act, 42 U.SC. §7401 et seq. or Environment Article, Title 2, Annotated Code of Maryland, except that any or all hazardous air pollutants either listed in 42 U.S.C. §7412 or added to the list under 42 U.S.C. §7412(b) are not regulated pollutants unless the listed hazardous air pollutant is also regulated as a constituent precursor of a general pollutant listed under 42 U.S.C. §7408; or</text> </paragraph> <paragraph num="(e)"> <text>Regulated discharges under the Federal Water Pollution Control Act (the Clean Water Act), 33 U.S.C. §§1251—1387 or Environment Article, Titles 5 and 16, Annotated Code of Maryland.</text> </paragraph> </paragraph> <paragraph num="(39)"> <text>“Transmission line” means property or facilities constructed in Maryland as an overhead transmission line designed to carry a voltage in excess of 69,000 volts.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Exemption."> <paragraph num="A."> <text>A person may file an application for an exemption from the requirement to obtain a Certificate of Public Convenience and Necessity for the construction of a generating station if the person intends to construct a generating station which meets the requirements under Public Utilities Article, §7-207.1(a), Annotated Code of Maryland.</text> </paragraph> <paragraph num="B."> <text>An application for an exemption from the requirement to obtain a Certificate of Public Convenience and Necessity for the construction of a generating station under §A of this regulation shall be on a form provided by the Commission.</text> </paragraph> <paragraph num="C."> <text>Unless otherwise directed by the Commission, a decision on an application for an exemption from the requirement to obtain a Certificate of Public Convenience and Necessity for the construction of a generating station shall be rendered not later than 90 days from the date a complete application is filed.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Pre-Application Requirements for a Qualifying Generating Station."> <text>Prior to filing an application for a Certificate of Public Convenience and Necessity for the construction of a new qualifying generating station, unless otherwise provided under this regulation or exempted under this subtitle, an applicant shall complete the following actions, as described:</text> <paragraph num="A."> <text>Notify the Commission and the Maryland Department of Natural Resources Power Plant Research Program, in writing, of the applicant’s intent to file an application for a qualifying generating station no less than 90 days prior to filing the application, and provide information on the proposed qualifying generating station, including without limitation the type, source, and location of the proposed facility;</text> </paragraph> <paragraph num="B."> <text>Offer to engage the participation of the affected communities for the purpose of educating the affected communities concerning the proposed project and soliciting their feedback, including, at minimum, the following actions:</text> <paragraph num="(1)"> <text>Designate a community liaison officer for the proposed project;</text> </paragraph> <paragraph num="(2)"> <text>Identify actual community members and community organizations within the affected communities and provide notification of the proposed project and any public meeting invitation concerning the project to those community members and organizations; and</text> </paragraph> <paragraph num="(3)"> <text>Hold a minimum of one public meeting within the county or municipal corporation in which any portion of the construction of the qualifying generating station is proposed to be located, in accordance with the following requirements:</text> <paragraph num="(a)"> <text>The public meeting shall be scheduled at least 60 days before the filing of the application;</text> </paragraph> <paragraph num="(b)"> <text>The applicant shall provide notification of the public meeting, including the time, date, and location of the meeting, by:</text> <paragraph num="(i)"> <text>Placing a meeting invitation on the applicant’s website, if any, or on the applicant’s parent corporation’s website;</text> </paragraph> <paragraph num="(ii)"> <text>Placing a meeting invitation on at least two types of social media platforms;</text> </paragraph> <paragraph num="(iii)"> <text>Publishing an advertisement in a newspaper of general circulation in the county or municipal corporation in which the proposed facility will be located; and</text> </paragraph> <paragraph num="(iv)"> <text>Providing a copy of the meeting invitation or newspaper advertisement to the governing body, as defined in Local Government Article, §1-101, Annotated Code of Maryland, and, if applicable, the executive of each county or municipal corporation in which the proposed facility will be located; and</text> </paragraph> </paragraph> <paragraph num="(c)"> <text>The applicant shall take steps to accommodate reasonable requests to provide access to and participation in the public meeting by persons with disabilities or limited English proficiency;</text> </paragraph> </paragraph> </paragraph> <paragraph num="C."> <text>Prepare a statement of public engagement and participation certification, which shall describe the applicant’s efforts to provide notice to and engage the affected communities and shall include a summary discussion of what, if any, actions the applicant has agreed to take to address public concerns raised at the public meeting; and</text> </paragraph> <paragraph num="D."> <text>Use the EJSCREEN, or, if the EJSCREEN is unavailable, a comparable environmental hazard risk assessment and mapping tool to identify areas within affected communities that may be subject to additional impacts as a result of permitting and operating the proposed qualifying generating station, as follows:</text> <paragraph num="(1)"> <text>For its numerical thresholds, the EJSCREEN shall utilize a demographic index equal to or greater than the 80th percentile, as compared to the State of Maryland, for any single census block group within a 3-mile circular buffer centered at the Geographic Information System coordinates of the proposed qualifying generating station; and</text> </paragraph> <paragraph num="(2)"> <text>The demographic index shall comprise the average of the percentage of the population that is minority and the percentage of the population that is low-income, which is hereby defined as a household income less than or equal to twice, or 200 percent, of the federal poverty level.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Pre-Application Consultation Requirement for Generating Stations."> <paragraph num="A."> <text>A minimum of 90 days prior to filing an application for a Certificate of Public Convenience and Necessity for the construction of a generating station, an applicant shall take the following steps to engage and consult with the county or municipal corporation in which any portion of the project is proposed to be located:</text> <paragraph num="(1)"> <text>Submit to the affected county or municipal corporation the following:</text> <paragraph num="(a)"> <text>A draft environmental review document in accordance with COMAR 20.79.03.02—.04;</text> </paragraph> <paragraph num="(b)"> <text>A properly sized conceptual site plan for the project in accordance with COMAR 20.79.03.01;</text> </paragraph> <paragraph num="(c)"> <text>Where available for download on the Commission’s website, informational materials describing the Certificate of Public Convenience and Necessity process and the process for intervention; and</text> </paragraph> <paragraph num="(d)"> <text>A request for a meeting, and the applicant shall make a good faith effort to meet with the staff of the affected county or municipal corporation; and</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Request from the affected county or municipal corporation a preliminary report containing the following:</text> <paragraph num="(a)"> <text>A statement or finding whether the proposed project is consistent with the current comprehensive plan of the county or municipal corporation;</text> </paragraph> <paragraph num="(b)"> <text>A statement or finding whether the proposed project is consistent with the current zoning ordinance of the county or municipal corporation; and</text> </paragraph> <paragraph num="(c)"> <text>Suggestions for improving or modifying the application prior to submission of the application with the Commission.</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>If the applicant makes any material changes to the project as submitted under this regulation or as submitted to the Commission under Regulation .06 of this chapter, the applicant shall provide notice of the changes to the county or municipal corporation in which any portion of the project is proposed to be located.</text> </paragraph> <paragraph num="C."> <text>The applicant shall file with the Commission any preliminary report or other updated information received from the county or municipal corporation in which any portion of the project is proposed to be located.</text> </paragraph> <paragraph num="D."> <text>The applicant shall, no later than 45 days prior to filing an application for a Certificate of Public Convenience and Necessity for the construction of a generating station, meet with the staff of the Department of Natural Resources Power Plant Research Program to provide an overview of the proposed project.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Application Filing Requirements."> <text>Except for an application for exemption under Regulation .03 of this chapter, an application for a Certificate of Public Convenience and Necessity for the construction of a generating station or transmission line, or an application for modification to an existing electric generating station or transmission line, shall include the following information:</text> <paragraph num="A."> <text>The name of the applicant;</text> </paragraph> <paragraph num="B."> <text>The address of the principal business office of the applicant;</text> </paragraph> <paragraph num="C."> <text>The name, title, mailing address, and email address of the person authorized to receive notices and communications with respect to the application;</text> </paragraph> <paragraph num="D."> <text>For a proposed qualifying generating station, the name, title, mailing address, and email address of the community liaison officer, if different from the person named under §C of this regulation;</text> </paragraph> <paragraph num="E."> <text>The location or locations at which the public may inspect a copy of the application;</text> </paragraph> <paragraph num="F."> <text>A list of each local, state, or federal government agency having authority to approve or disapprove the construction or operation of the project and containing a statement:</text> <paragraph num="(1)"> <text>Providing the contact information for the local, state, or federal agency or unit;</text> </paragraph> <paragraph num="(2)"> <text>Indicating whether the necessary approval from each agency has been obtained, with a copy of each approval or disapproval attached;</text> </paragraph> <paragraph num="(3)"> <text>If necessary approval has not been obtained, specifying the reason why;</text> </paragraph> <paragraph num="(4)"> <text>If the proposed project is pending review for approval before a local, state, or federal agency or unit, indicating the status and providing a summary of the review process and expected completion date for the review, if known; and</text> </paragraph> <paragraph num="(5)"> <text>Indicating whether any waiver or variance has been granted or requested with a copy of each attached;</text> </paragraph> </paragraph> <paragraph num="G."> <text>For generating stations, the application shall also include:</text> <paragraph num="(1)"> <text>A description of the applicant’s efforts to consult with the county or municipal corporation in which any portion of the project is proposed to be located, in accordance with Regulation .05 of this chapter, including efforts to resolve issues presented by the county or municipal corporation;</text> </paragraph> <paragraph num="(2)"> <text>Any preliminary report provided by the affected county or the municipal corporation under Regulation .05 of this chapter;</text> </paragraph> <paragraph num="(3)"> <text>If the affected county or municipal corporation did not provide the applicant with a preliminary report under Regulation .05 of this chapter:</text> <paragraph num="(a)"> <text>A copy of any letter from the affected county or municipal corporation regarding the pendency of the county’s or municipal corporation’s review of the proposed project, if available, and, if not, a written statement indicating the status of the review, if known; and</text> </paragraph> <paragraph num="(b)"> <text>Any written correspondence exchanged with the affected county or municipal corporation discussing the county’s or municipal corporation’s review of the proposed project and the project’s consistency with the local comprehensive plan and zoning ordinance, if available;</text> </paragraph> </paragraph> </paragraph> <paragraph num="H."> <text>The information required under COMAR 20.79.04.01 for transmission lines;</text> </paragraph> <paragraph num="I."> <text>A description of the generating station or generating station modification under COMAR 20.79.03.01, or the transmission line or the modification to an existing transmission line under COMAR 20.79.04.02 and .03;</text> </paragraph> <paragraph num="J."> <text>An implementation schedule for the proposed project, including, for generating stations, the construction, operation, and expected decommissioning of the project;</text> </paragraph> <paragraph num="K."> <text>The environmental, natural resources, and socioeconomic information:</text> <paragraph num="(1)"> <text>Required under COMAR 20.79.03 for generating stations; or</text> </paragraph> <paragraph num="(2)"> <text>Required under COMAR 20.79.04 for transmission lines;</text> </paragraph> </paragraph> <paragraph num="L."> <text>The EJSCREEN reports required under COMAR 20.79.03.05 for a proposed qualifying generating station;</text> </paragraph> <paragraph num="M."> <text>A signed statement of public engagement and participation certification, required under COMAR 20.79.03.06 for a proposed qualifying generating station, that the applicant made at least one attempt to engage the affected communities pursuant to Regulation .04B of this chapter prior to filing the application;</text> </paragraph> <paragraph num="N."> <text>If the applicant believes that a requirement for a complete application under this regulation is not applicable to a project, a statement explaining why the requirement is not applicable; and</text> </paragraph> <paragraph num="O."> <text>If the applicant requests a waiver of any requirement under this regulation, a statement explaining why the applicant believes the requirement should be waived.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Deadlines."> <paragraph num="A."> <text>Unless otherwise directed by the Commission, a decision on an application for a Certificate of Public Convenience and Necessity for the construction of an electric generating station shall be rendered not later than 365 days from the date a complete application is filed.</text> </paragraph> <paragraph num="B."> <text>Unless otherwise directed by the Commission, a decision on an application for modification of an electric generating station shall be rendered not later than 150 days from the date a complete application is filed.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Modifications to the Facilities at a Power Plant."> <paragraph num="A."> <text>Except as provided in §C of this regulation, a person may not commence a modification to the facilities at a power plant without receiving prior approval from the Commission.</text> </paragraph> <paragraph num="B."> <text>A physical alteration, replacement, change in the method of operation, or any other change to an electric generating unit or other facilities at a power plant that will result in an increase in air emissions is subject to the requirement to obtain approval from the Commission under Public Utilities Article, §7-205(b), Annotated Code of Maryland, if the change will result in an increase of either 75,000 tons or more per year in emissions of CO2 or an increase of 1 ton or more in emission of any other regulated pollutant.</text> </paragraph> <paragraph num="C."> <text>The following changes do not require prior approval of the Commission:</text> <paragraph num="(1)"> <text>Routine maintenance and repair, including routine replacement;</text> </paragraph> <paragraph num="(2)"> <text>An increase in the hours of operation or in the production rate, unless the change is prohibited under any enforceable condition established after January 6, 1975, under regulations approved under the Clean Air Act, 42 U.S.C. §7401 et seq.;</text> </paragraph> <paragraph num="(3)"> <text>Use of an alternative fuel or raw material by reason of an order under §§2(a) and (b) of the Energy Supply and Environmental Coordination Act of 1974, 15 U.S.C. §791 et seq., or any superseding legislation, or by reason of a natural gas curtailment plan under the Federal Power Act, 16 U.S.C. §791 et seq.;</text> </paragraph> <paragraph num="(4)"> <text>Use of an alternative fuel by reason of an order or rule under §125 of the Clean Air Act, 42 U.S.C. §7425;</text> </paragraph> <paragraph num="(5)"> <text>Use of an alternative fuel or raw material by a stationary source which:</text> <paragraph num="(a)"> <text>The source was capable of accommodating before January 6, 1975, unless such change would be prohibited under any federally enforceable permit condition established after January 6, 1975, under 40 CFR §52.21, or under regulations approved under 40 CFR Part 51, Subpart I or §51.166; or</text> </paragraph> <paragraph num="(b)"> <text>The source is approved to use under a Certificate of Public Convenience and Necessity issued under Public Utilities Article, §§7-207 and 7-208, Annotated Code of Maryland, and any other required approvals, including permits issued under COMAR 26.11.02 or 26.11.03; or</text> </paragraph> </paragraph> <paragraph num="(6)"> <text>Any change in ownership.</text> </paragraph> </paragraph> <paragraph num="D."> <text>An increase in air emissions is calculated in accordance with COMAR 26.11.17 or 26.11.06.14, as applicable.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".09" heading="Waivers and Modifications."> <text>The Commission may, in its discretion, waive or modify any provision of this subtitle and may also impose additional requirements as circumstances warrant.</text> </regulation> <regulation prefix="Regulation" num=".10" heading="Completeness Determination."> <paragraph num="A."> <text>After an application to construct a new or modified generating station has been filed with the Commission, and within 45 days after the Commission has issued an order docketing the matter for either delegation to the Public Utility Law Judge Division or consideration by the Commission, the Maryland Department of Natural Resources Power Plant Research Program shall file a letter with the Commission stating whether the application meets the requirements under Regulation .06 of this chapter for a complete application.</text> </paragraph> <paragraph num="B."> <text>The applicant may respond in writing to the letter filed under §A of this regulation within 10 days, prior to the issuance of a determination of completeness.</text> </paragraph> <paragraph num="C."> <text>The Commission shall issue a determination on whether the application is:</text> <paragraph num="(1)"> <text>Complete, and the Commission will proceed to review the request; or</text> </paragraph> <paragraph num="(2)"> <text>Deficient, in which case the Commission shall specify the deficiency, and the applicant may submit additional information to cure the deficiency by the date set by the Commission.</text> </paragraph> </paragraph> <paragraph num="D."> <text>A CPCN application may not be deemed incomplete for failure to provide information that is not required by COMAR 20.79.01.06.</text> </paragraph> <paragraph num="E."> <text>A prehearing conference to set a procedural schedule or a deadline for petitions of intervention may only be held after the Commission determines that a filed application is complete.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".11" heading="Availability of Applications and Related Materials."> <text>The following documents shall be made available for public inspection at the offices of the Commission and on the Commission’s website:</text> <paragraph num="A."> <text>A copy of the application for a Certificate of Public Convenience and Necessity for the construction of a generating station or transmission line, or an application for modification to an existing electric generating station or transmission line;</text> </paragraph> <paragraph num="B."> <text>All written public comments received by the Commission concerning the application; and</text> </paragraph> <paragraph num="C."> <text>Any comments and recommendations filed by a State agency or other parties concerning the application and received by the Commission.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Public Utilities Article, §§2-113, 2-121, and 7-205—7-208, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: February 10, 1997 (24:3 Md. R. 189)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective November 8, 2004 (31:22 Md. R. 1597)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended effective November 7, 2005 (32:22 Md. R. 1758)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03A amended effective May 8, 2006 (33:9 Md. R. 797)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective December 28, 2009 (36:26 Md. R. 1998)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended effective March 18, 2013 (40:5 Md. R. 412); February 16, 2015 (42:3 Md. R. 318)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06B amended effective March 18, 2013 (40:5 Md. R. 412)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08 adopted effective March 18, 2013 (40:5 Md. R. 412)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective November 30, 2020 (47:24 Md. R. 1034)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective September 6, 2021 (48:18 Md. R. 693)</annotation> </annotations> </chapter> <chapter num="02" heading="Administrative Provisions"> <regulation prefix="Regulation" num=".01" heading="Form of Application."> <paragraph num="A."> <text>The original application shall be:</text> <paragraph num="(1)"> <text>Signed or electronically signed by an individual having authority with respect to the application and having knowledge of the application; and</text> </paragraph> <paragraph num="(2)"> <text>Verified under oath.</text> </paragraph> </paragraph> <paragraph num="B."> <text>In its discretion, the Commission may prescribe the form of the application.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Notice and Distribution of Application."> <paragraph num="A."> <text>The applicant shall submit to the Commission:</text> <paragraph num="(1)"> <text>One paper original of the application; and</text> </paragraph> <paragraph num="(2)"> <text>One electronic copy of the application, including all attachments, in the format determined by the Commission.</text> </paragraph> </paragraph> <paragraph num="B."> <text>In addition to filing the application with the Commission, the applicant shall simultaneously mail or provide an electronic copy of the application to the following persons (if by mail, number of copies):</text> <paragraph num="(1)"> <text>The governing body and, if applicable, the executive of each county or municipal corporation in which any portion of the project will be located (one copy each);</text> </paragraph> <paragraph num="(2)"> <text>The governing body and, if applicable, the executive of each county or municipal corporation within 1 mile of the proposed location of the project (one copy each);</text> </paragraph> <paragraph num="(3)"> <text>Each member of the General Assembly representing any part of each county in which any portion of the project will be located (one copy each, if requested);</text> </paragraph> <paragraph num="(4)"> <text>Each member of the General Assembly representing any part of each county within 1 mile of the proposed location of the project (one copy each, if requested);</text> </paragraph> <paragraph num="(5)"> <text>The planning and zoning commission of each county and municipal corporation in which the project will be located (one copy);</text> </paragraph> <paragraph num="(6)"> <text>Each owner of land, and each owner of adjacent land, on which proposed transmission lines will be located (notice only);</text> </paragraph> <paragraph num="(7)"> <text>The Department of the Environment, as follows:</text> <paragraph num="(a)"> <text>Director, Air and Radiation Administration (one copy); and</text> </paragraph> <paragraph num="(b)"> <text>Director, Water and Science Administration (one copy);</text> </paragraph> </paragraph> <paragraph num="(8)"> <text>The Department of Planning (one copy);</text> </paragraph> <paragraph num="(9)"> <text>The Department of Natural Resources, as follows:</text> <paragraph num="(a)"> <text>Department Secretary (one copy); and</text> </paragraph> <paragraph num="(b)"> <text>Power Plant Research Program (one copy);</text> </paragraph> </paragraph> <paragraph num="(10)"> <text>The Department of Agriculture, Soil Conservation Committee (one copy);</text> </paragraph> <paragraph num="(11)"> <text>The Department of Commerce (one copy);</text> </paragraph> <paragraph num="(12)"> <text>The Department of Transportation (one copy);</text> </paragraph> <paragraph num="(13)"> <text>The Maryland Aviation Administration (one copy);</text> </paragraph> <paragraph num="(14)"> <text>The State Highway Administration, as follows:</text> <paragraph num="(a)"> <text>Administrator (one copy); and</text> </paragraph> <paragraph num="(b)"> <text>Chief of Utilities Division, Office of Construction (one copy);</text> </paragraph> </paragraph> <paragraph num="(15)"> <text>The U.S. Department of Interior (one copy);</text> </paragraph> <paragraph num="(16)"> <text>The Federal Energy Regulatory Commission (one copy);</text> </paragraph> <paragraph num="(17)"> <text>The Federal Aviation Administration (one copy);</text> </paragraph> <paragraph num="(18)"> <text>The Maryland Energy Administration (one copy);</text> </paragraph> <paragraph num="(19)"> <text>The Maryland Department of Health (one copy);</text> </paragraph> <paragraph num="(20)"> <text>The Maryland Historical Trust, Department of Planning (one copy);</text> </paragraph> <paragraph num="(21)"> <text>The Office of People's Counsel (one copy);</text> </paragraph> <paragraph num="(22)"> <text>The U.S. Fish and Wildlife Service (one copy);</text> </paragraph> <paragraph num="(23)"> <text>Superintendent, Shenandoah National Park (one copy);</text> </paragraph> <paragraph num="(24)"> <text>The local electric company or cooperative (one copy);</text> </paragraph> <paragraph num="(25)"> <text>The U.S. Environmental Protection Agency (one copy); and</text> </paragraph> <paragraph num="(26)"> <text>The U.S. Department of Defense (one copy).</text> </paragraph> </paragraph> <paragraph num="C."> <text>The applicant shall either mail a copy or provide an electronic copy of the application to any other State or local agency that may be affected.</text> </paragraph> <paragraph num="D."> <text>For a proposed qualifying generating station, the applicant shall send by first-class mail a letter notice of the filing of the application to all residential and business addresses within a 1-mile radius of the proposed facility site for an urban area, and within a 3-mile radius of the proposed facility site for a rural area, and the letter notification shall include:</text> <paragraph num="(1)"> <text>A fact sheet on the filed application, including the applicant’s name and website;</text> </paragraph> <paragraph num="(2)"> <text>The type of project to be constructed and its nameplate capacity;</text> </paragraph> <paragraph num="(3)"> <text>The project’s location;</text> </paragraph> <paragraph num="(4)"> <text>The assigned case number;</text> </paragraph> <paragraph num="(5)"> <text>The location at which the public may physically review the application;</text> </paragraph> <paragraph num="(6)"> <text>The applicant’s designated community liaison officer;</text> </paragraph> <paragraph num="(7)"> <text>Other relevant information;</text> </paragraph> <paragraph num="(8)"> <text>The prehearing conference date;</text> </paragraph> <paragraph num="(9)"> <text>The deadline for filing petitions to intervene;</text> </paragraph> <paragraph num="(10)"> <text>A fact sheet concerning the Certificate of Public Convenience and Necessity process; and</text> </paragraph> <paragraph num="(11)"> <text>Information on how to access the applicant’s EJSCREEN Reports.</text> </paragraph> </paragraph> <paragraph num="E."> <text>The applicant shall place a copy of the application as filed with the Commission at the public library branch closest to the proposed site of the facility, or other locations near the proposed site of the facility that permit public access and have adequate facilities for reviewing the application.</text> </paragraph> <paragraph num="F."> <text>For fossil fuel generating stations subject to the requirements for a Certificate of Public Convenience and Necessity under Public Utilities Article, §§7-207, 7-207.1, and 7-208, Annotated Code of Maryland, including those for which a waiver has been denied, the applicant shall:</text> <paragraph num="(1)"> <text>Post, at minimum, one large sign at the site of the proposed facility that is visible from the streets, subject to applicable local restrictions and regulations;</text> </paragraph> <paragraph num="(2)"> <text>File with the Commission, as an exhibit to its application, at least one picture of each posted sign; and</text> </paragraph> <paragraph num="(3)"> <text>For a proposed qualifying generating station, file with the Commission a signed certification of the notification mailings in accordance with §D of this regulation, along with a complete list of mailing recipient names and addresses.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Proceedings on the Application."> <paragraph num="A."> <text>The Commission may hold hearings with any other state or local agency having jurisdiction to issue any permit, authority, or certificate that is required before construction or operation of a project can begin.</text> </paragraph> <paragraph num="B."> <text>In order to ensure timely completion of the proceedings, the Commission may impose a schedule of procedural dates which is subject to change only for good cause shown.</text> </paragraph> <paragraph num="C."> <text>Phased Proceeding Requests.</text> <paragraph num="(1)"> <text>The applicant may request that the construction of a generating station be reviewed by the Commission in phases.</text> </paragraph> <paragraph num="(2)"> <text>If a phased proceeding is requested and the request is granted by the Commission:</text> <paragraph num="(a)"> <text>An applicant may file a partial application; and</text> </paragraph> <paragraph num="(b)"> <text>The Commission may render separate findings of fact on any phase or issue within a phase.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Findings of fact rendered by the Commission under this section are not subject to further litigation unless warranted by new substantive issues or changed circumstances.</text> </paragraph> </paragraph> </regulation> <annotations> <annotation type="Authority">Public Utilities Article, §§2-113, 2-121, and 7-205—7-208, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: February 10, 1997 (24:3 Md. R. 189)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01A amended effective September 6, 2021 (48:18 Md. R. 693)</annotation> <annotation type="History" subtype="Administrative History">Regulation 02 amended effective November 8, 2004 (31:22 Md. R. 1597); November 30, 2020 (47:24 Md. R. 1034)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02A—C amended effective September 6, 2021 (48:18 Md. R. 693)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03C adopted effective November 8, 2004 (31:22 Md. R. 1597)</annotation> </annotations> </chapter> <chapter num="03" heading="Details of Filing Requirements — Generating Stations"> <regulation prefix="Regulation" num=".01" heading="Description of Generating Station."> <text>An application to construct a generating station shall provide a description of the generating station, including linear facilities, or the generating station modification, and shall include:</text> <paragraph num="A."> <text>A statement or finding by the county or municipal corporation in which any portion of the project is proposed to be located, under COMAR 20.79.01.05 and .06, of whether the project is consistent with the applicable local comprehensive plan and zoning ordinance, if provided;</text> </paragraph> <paragraph num="B."> <text>A high-resolution concept plan, including:</text> <paragraph num="(1)"> <text>A location map with total site area and applicable land boundaries indicating the location of the proposed project in relation to municipal boundaries, perimeter roads, and traffic facilities;</text> </paragraph> <paragraph num="(2)"> <text>Project design features;</text> </paragraph> <paragraph num="(3)"> <text>Setbacks from adjacent properties and rights of way, as applicable;</text> </paragraph> <paragraph num="(4)"> <text>Characteristics of the land to be developed, including soil classifications and all natural resources and environmental features that require or may require protection in accordance with State and local regulations, including proposed setbacks;</text> </paragraph> <paragraph num="(5)"> <text>All existing and proposed structures, existing and proposed parking areas with setbacks and buffers, and areas of impervious surfaces or lot coverage;</text> </paragraph> <paragraph num="(6)"> <text>Preliminary information as required under the Forest Conservation Act; and</text> </paragraph> <paragraph num="(7)"> <text>Proposed location of landscape buffering, as applicable;</text> </paragraph> </paragraph> <paragraph num="C."> <text>Operational features, including the expected capacity factor;</text> </paragraph> <paragraph num="D."> <text>The schedule for engineering, construction, and operation;</text> </paragraph> <paragraph num="E."> <text>The life expectancy of the generating station;</text> </paragraph> <paragraph num="F."> <text>A statement of the reasons for the selection of the design and the site of the generating station, including linear facilities, or generating station modification;</text> </paragraph> <paragraph num="G."> <text>A description of the impact of the project on the economics of the State and local and regional impacts;</text> </paragraph> <paragraph num="H."> <text>A description of the impact of the project on the stability and reliability of the electric system, or, if the impact is not known at the time of application, an explanation of the steps undertaken by the applicant to determine the impact, including the expected date for submission of the impact description;</text> </paragraph> <paragraph num="I."> <text>To the extent feasible, the location and major design features of any required major electric system upgrade, including any associated transmission line, as a result of the project; and</text> </paragraph> <paragraph num="J."> <text>A description of the planned interconnection, including the specific connection location and route, and a description of the status of the generating station in the transmission or distribution grid interconnection process.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Environmental Information."> <paragraph num="A."> <text>The purpose of this regulation is to require the applicant to demonstrate that the application complies with applicable environmental laws, regulations, and restrictions.</text> </paragraph> <paragraph num="B."> <text>The application shall include an environmental review document, which shall include the following environmental information:</text> <paragraph num="(1)"> <text>The following general information:</text> <paragraph num="(a)"> <text>A general description of the physical, biological, aesthetic, and cultural features, and conditions of the site and adjacent areas;</text> </paragraph> <paragraph num="(b)"> <text>A summary of the environmental effects of the construction and operation of the project, including a description of the unavoidable impact and recommended mitigation, including but not limited to a discussion of impacts to the Chesapeake Bay and its watershed and the Atlantic Coastal Bays, if applicable;</text> </paragraph> <paragraph num="(c)"> <text>A copy of all studies of the environmental impact of the proposed project prepared by the applicant; and</text> </paragraph> <paragraph num="(d)"> <text>A statement of the ability to conform to applicable environmental standards;</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>A description of the effect on air quality, including the:</text> <paragraph num="(a)"> <text>Ability of the generating station to comply with:</text> <paragraph num="(i)"> <text>State or federal ambient air quality standards;</text> </paragraph> <paragraph num="(ii)"> <text>State or federal emission standards;</text> </paragraph> <paragraph num="(iii)"> <text>Federal new source performance standards;</text> </paragraph> <paragraph num="(iv)"> <text>Federal emission standards for hazardous air pollutants;</text> </paragraph> <paragraph num="(v)"> <text>Prevention of significant deterioration and new source review provisions; and</text> </paragraph> <paragraph num="(vi)"> <text>Any requirement to obtain emission offsets, allowances, and reduction credits;</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>Impact on prevention of significant deterioration areas and existing nonattainment areas; and</text> </paragraph> <paragraph num="(c)"> <text>Information and forms required by the Department of the Environment regulations relating to permits to construct and operating permits under COMAR 26.11;</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>A description of the effect on water quality and appropriation, including:</text> <paragraph num="(a)"> <text>An analysis of the availability and suitability of treated wastewater, municipal water supplies, surface water and ground water for the water supply needs of the proposed generating station;</text> </paragraph> <paragraph num="(b)"> <text>An analysis of options to reduce the water supply demand on freshwater resources from the proposed generating station;</text> </paragraph> <paragraph num="(c)"> <text>An analysis of construction dewatering needs and estimated amounts;</text> </paragraph> <paragraph num="(d)"> <text>The identification of affected streams, nontidal wetlands, watersheds, and aquifers and an assessment of the positive or negative impact the project will have on water quality;</text> </paragraph> <paragraph num="(e)"> <text>The information and forms required by the Department of the Environment regulations related to the impacts on Tier II streams under COMAR 26.08.02, if applicable, and analysis of impacts to water quality of Tier II streams, if applicable, including:</text> <paragraph num="(i)"> <text>Permanent alterations to resources that support high water quality; and</text> </paragraph> <paragraph num="(ii)"> <text>An evaluation of alternatives that avoid, minimize, and mitigate impacts;</text> </paragraph> </paragraph> <paragraph num="(f)"> <text>A description of the impacts on any Maryland Wild and Scenic Rivers and their watersheds, as well as consistency with the Scenic River Plan, if applicable;</text> </paragraph> <paragraph num="(g)"> <text>A description of the impact on other water users;</text> </paragraph> <paragraph num="(h)"> <text>A description of the mitigation and minimization techniques evaluated; and</text> </paragraph> <paragraph num="(i)"> <text>The information and forms required by Department of the Environment regulations relating to water use and appropriation under COMAR 26.17.06.07 and 26.17.07, if applicable;</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>A description of the extent and effect on State or private tidal wetlands, nontidal wetlands and their buffers or expanded buffers, or waterways and floodplains, including:</text> <paragraph num="(a)"> <text>Public health and welfare;</text> </paragraph> <paragraph num="(b)"> <text>Marine fisheries;</text> </paragraph> <paragraph num="(c)"> <text>Shell fisheries;</text> </paragraph> <paragraph num="(d)"> <text>Wildlife;</text> </paragraph> <paragraph num="(e)"> <text>Protection of life and property from flood, hurricane, or other natural disaster;</text> </paragraph> <paragraph num="(f)"> <text>The evaluation of mitigation and minimization techniques, including proposals related to replacement lands; and</text> </paragraph> <paragraph num="(g)"> <text>The information and forms required by the Department of the Environment regulations relating to a license for use of State tidal wetlands, nontidal wetlands, or waterways and floodplains under COMAR 26.23 and 26.24;</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>A discussion of the economics and availability of means for the disposal of plant-generated wastes; and</text> </paragraph> <paragraph num="(6)"> <text>A discussion of the impact of the project on the State's ability to satisfy:</text> <paragraph num="(a)"> <text>The renewable portfolio standard requirements set forth in Public Utilities Article, §7-701, et seq., Annotated Code of Maryland; and</text> </paragraph> <paragraph num="(b)"> <text>The greenhouse gas reduction requirements set forth in Environment Article, §2-1201, et seq., Annotated Code of Maryland.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Natural Resources Information."> <paragraph num="A."> <text>The purpose of this regulation is to require the applicant to demonstrate that the application addresses impacts of the project on the State’s natural resources.</text> </paragraph> <paragraph num="B."> <text>The applicant’s environmental review document shall include the following natural resources information:</text> <paragraph num="(1)"> <text>A description of the impacts on forests, including:</text> <paragraph num="(a)"> <text>A forest stand delineation;</text> </paragraph> <paragraph num="(b)"> <text>Any techniques used to minimize forest impact; and</text> </paragraph> <paragraph num="(c)"> <text>The applicant’s proposal to address any applicable forest conservation ordinance of the county or municipal corporation in which any portion of the project is proposed to be located, including:</text> <paragraph num="(i)"> <text>Efforts to comply with the applicable forest conservation ordinance, including the submission of a completed forest conservation worksheet for the county or municipal corporation;</text> </paragraph> <paragraph num="(ii)"> <text>No action or, alternatively, deviation from the requirements of the applicable forest conservation ordinance, with an explanation of the applicant’s proposal or justification for the proposal and documentation of the county’s or municipal corporation’s agreement to the applicant’s proposal; or</text> </paragraph> <paragraph num="(iii)"> <text>If applicable, a statement that the project is exempt from the Forest Conservation Act due to total acreage of forest cover in the county in which the project is proposed to be located;</text> </paragraph> </paragraph> </paragraph> <paragraph num="(2)"> <text>A description of the impacts to rare, threatened, and endangered species, including:</text> <paragraph num="(a)"> <text>An environmental review letter provided by the Maryland Department of Natural Resources;</text> </paragraph> <paragraph num="(b)"> <text>Information obtained from the U.S. Fish and Wildlife Service Information for Planning and Consultation online project planning tool; and</text> </paragraph> <paragraph num="(c)"> <text>An evaluation of mitigation and minimization actions to address impacts to rare, threatened, and endangered species, as needed;</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>A Phase I environmental site assessment report, prepared in accordance with the American Society for Testing Materials (ASTM) standard E1527;</text> </paragraph> <paragraph num="(4)"> <text>A description and site plan concerning impacts to the Critical Area, consistent with COMAR 27.01, COMAR 27.02 (for State agency projects on State-owned lands), and COMAR 27.03 (regarding notice requirements);</text> </paragraph> <paragraph num="(5)"> <text>For solar photovoltaic generating stations, the description and site plan required in §B(4) of this regulation shall also include:</text> <paragraph num="(a)"> <text>Calculations of any required reservation of resource conservation area density rights for projects located in a resource conservation area consistent with COMAR 27.01.14.05D; and</text> </paragraph> <paragraph num="(b)"> <text>The identification and location of any conservation easements, restrictive covenants, or other protective instrument over the property;</text> </paragraph> </paragraph> <paragraph num="(6)"> <text>An analysis of potential noise impacts from construction and operation activities, including:</text> <paragraph num="(a)"> <text>Sound power levels or sound pressure levels at specific distances associated with noise-generating sources; and</text> </paragraph> <paragraph num="(b)"> <text>Identification of the closest noise-sensitive receptor locations;</text> </paragraph> </paragraph> <paragraph num="(7)"> <text>A geotechnical report within all areas of planned subsurface disturbance, if applicable; and</text> </paragraph> <paragraph num="(8)"> <text>Identification of sea level rise projects, if applicable.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Socioeconomic Information."> <paragraph num="A."> <text>The purpose of this regulation is to require the applicant to demonstrate that the application addresses the socioeconomic effects of the project.</text> </paragraph> <paragraph num="B."> <text>The applicant’s environmental review document shall include the following socioeconomic information:</text> <paragraph num="(1)"> <text>A summary of the socioeconomic effects of the construction and operation of the project, including a description of the unavoidable impact and recommended mitigation;</text> </paragraph> <paragraph num="(2)"> <text>A description of historic and archeological resources of the site and impacts from the project on those resources, including:</text> <paragraph num="(a)"> <text>The Maryland Historic Trust’s response to a review intake questionnaire submitted by the applicant;</text> </paragraph> <paragraph num="(b)"> <text>Labeled photographs of the project site including images of all buildings and structures located within the project area and keyed to a site plan, if possible;</text> </paragraph> <paragraph num="(c)"> <text>Drawings and a written scope of work illustrating any plans to construct, demolish, or rehabilitate buildings or other structures; and</text> </paragraph> <paragraph num="(d)"> <text>A brief description of the project area, including:</text> <paragraph num="(i)"> <text>The past and present land uses and conditions; and</text> </paragraph> <paragraph num="(ii)"> <text>Any known construction dates for the buildings in the project area;</text> </paragraph> </paragraph> </paragraph> <paragraph num="(3)"> <text>A description of any agricultural resources affected by the project, including:</text> <paragraph num="(a)"> <text>A map of the project site identifying any areas of prime farmland by metes and bounds;</text> </paragraph> <paragraph num="(b)"> <text>The area or acreage of prime farmland impacted by the project;</text> </paragraph> <paragraph num="(c)"> <text>An itemized list of all conservation easements impacted by the project;</text> </paragraph> <paragraph num="(d)"> <text>The number of acres planned for removal from agricultural production; and</text> </paragraph> <paragraph num="(e)"> <text>The current agricultural use of the prime farmland, if applicable;</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>A description of the project’s effect on public safety and transportation impacts, including:</text> <paragraph num="(a)"> <text>Planned measures to address impacts to public services and safety, including but not limited to fire safety and emergency vehicle traffic plans;</text> </paragraph> <paragraph num="(b)"> <text>A description of transportation information associated with the project, including:</text> <paragraph num="(i)"> <text>Construction traffic routes;</text> </paragraph> <paragraph num="(ii)"> <text>Road permits;</text> </paragraph> <paragraph num="(iii)"> <text>Dust control methods; and</text> </paragraph> <paragraph num="(iv)"> <text>Road damage avoidance and mitigation;</text> </paragraph> </paragraph> <paragraph num="(c)"> <text>The proximity of the project to any nearby airport and information from the Federal Aviation Administration and Maryland Aviation Administration on the impacts of the project on air navigation and any proposed mitigation; and</text> </paragraph> <paragraph num="(d)"> <text>When applicable, an evaluation of the project’s potential radiofrequency or thermal impacts to communication systems and military operations, and any proposed mitigation;</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>A description of any proposals to buffer the project’s visual impacts;</text> </paragraph> <paragraph num="(6)"> <text>A description of vegetation management plans for the project site, including:</text> <paragraph num="(a)"> <text>Topographic contour grading maps;</text> </paragraph> <paragraph num="(b)"> <text>A grounds management plan, including weed control plans;</text> </paragraph> <paragraph num="(c)"> <text>Any inclusion of pollinator habitat; and</text> </paragraph> <paragraph num="(d)"> <text>For solar generating stations:</text> <paragraph num="(i)"> <text>An affirmative statement whether the applicant intends to apply for the pollinator-friendly solar designation, pursuant to COMAR 08.13.02; and</text> </paragraph> <paragraph num="(ii)"> <text>An affirmative statement whether the applicant intends to incorporate agrivoltaics;</text> </paragraph> </paragraph> </paragraph> <paragraph num="(7)"> <text>A description of the project’s effects on the local economy, including:</text> <paragraph num="(a)"> <text>Person-years of employment, including direct and indirect employment, during the project’s construction phase;</text> </paragraph> <paragraph num="(b)"> <text>Person-years of employment, including estimates of direct and indirect employment, for the 5 years immediately following the completion of the project’s construction; and</text> </paragraph> <paragraph num="(c)"> <text>Impacts to State and local tax revenues;</text> </paragraph> </paragraph> <paragraph num="(8)"> <text>A description of the project’s impacts, if any, on other applicable State, regional, and local plans or programs, including a reference to each appropriate agency or unit with authority to review, evaluate, or comment on behalf of the plan or program; and</text> </paragraph> <paragraph num="(9)"> <text>For solar photovoltaic generating stations, a preliminary study of reflective glare impacts on adjacent public and private rights of way, non-participating occupied structures, and flight paths associated with airports within 3 miles of the project site.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Where applicable, the application shall address environmental justice information in accordance with Regulation .05 of this chapter.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="EJSCREEN Reports."> <text>An application for a proposed qualifying generating station shall be accompanied by:</text> <paragraph num="A."> <text>A copy of the applicant’s EJSCREEN Standard Report, or comparable report if the EJSCREEN is unavailable, which shall be based on a 3-mile circular buffer centered at the Geographic Information System coordinates of the proposed qualifying generating station and shall include a statement of the numerical thresholds applied to generate the report as required under COMAR 20.79.01.04; and</text> </paragraph> <paragraph num="B."> <text>A copy of the applicant’s EJSCREEN ACS Report, which shall be based on the same 3-mile circular buffer as the EJSCREEN Standard Report and shall utilize the U.S. Census Bureau American Community Survey data available through EJSCREEN.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Statement of Public Engagement and Participation Certification."> <text>An application for a proposed qualifying generating station shall be accompanied by a signed statement of public engagement and participation, which shall include:</text> <paragraph num="A."> <text>A description of the time, place, and manner in which the applicant held the public meeting with members of the affected communities;</text> </paragraph> <paragraph num="B."> <text>A description of the manner in which the applicant provided notice to the affected communities of the proposed public meeting with members of the affected communities;</text> </paragraph> <paragraph num="C."> <text>A copy of any meeting sign-in sheet voluntarily indicating persons of interest; and</text> </paragraph> <paragraph num="D."> <text>A description of any terms, incentives, or resolutions reached between the applicant and the affected communities.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Condemnation."> <text>If the applicant is requesting authority to exercise a right of condemnation in connection with the construction of a generating station, a statement of the reasons the generating capacity is necessary to ensure a sufficient supply of electricity to customers in the State as required under Public Utilities Article, §7-207(b)(2), Annotated Code of Maryland.</text> </regulation> <annotations> <annotation type="Authority">Public Utilities Article, §§2-113, 2-121, and 7-205—7-208, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: February 10, 1997 (24:3 Md. R. 189)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended effective November 8, 2004 (31:22 Md. R. 1598)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended effective November 8, 2004 (31:22 Md. R. 1598)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 adopted effective November 8, 2004 (31:22 Md. R. 1598)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective November 30, 2020 (47:24 Md. R. 1034)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective September 6, 2021 (48:18 Md. R. 694)</annotation> </annotations> </chapter> <chapter num="04" heading="Details of Filing Requirements — Transmission Lines"> <regulation prefix="Regulation" num=".01" heading="Purpose and Justification."> <paragraph num="A."> <text>An application for a proposed transmission line or modification to an existing transmission line shall include:</text> <paragraph num="(1)"> <text>An explanation of the need for the project in meeting demands for service;</text> </paragraph> <paragraph num="(2)"> <text>A description of the effect of the project on system stability and reliability;</text> </paragraph> <paragraph num="(3)"> <text>A description of the consequences if the project is delayed or not approved;</text> </paragraph> <paragraph num="(4)"> <text>An explanation of the cost effectiveness of the project, including an estimate of capital cost and annual operating cost; and</text> </paragraph> <paragraph num="(5)"> <text>A description of the impact of the project on the economies of the State.</text> </paragraph> </paragraph> <paragraph num="B."> <text>If requested by the Commission, an application for a proposed transmission line shall include a plan as defined under COMAR 20.79.01.02.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Description of Transmission Line."> <text>The description of a proposed transmission line or modification to an existing transmission line shall include, to the extent feasible at the time of application, the:</text> <paragraph num="A."> <text>Engineering and construction features, including the:</text> <paragraph num="(1)"> <text>Width, length, and total acreage of the right-of-way,</text> </paragraph> <paragraph num="(2)"> <text>Line voltage,</text> </paragraph> <paragraph num="(3)"> <text>Number of circuits,</text> </paragraph> <paragraph num="(4)"> <text>Number of circuits per structure,</text> </paragraph> <paragraph num="(5)"> <text>Structure type and dimensions,</text> </paragraph> <paragraph num="(6)"> <text>Conductor configuration and size,</text> </paragraph> <paragraph num="(7)"> <text>Nominal capacity (MVA), and</text> </paragraph> <paragraph num="(8)"> <text>Nominal length of span between structures;</text> </paragraph> </paragraph> <paragraph num="B."> <text>Property or property right acquired or to be acquired;</text> </paragraph> <paragraph num="C."> <text>Access roads for construction or maintenance either existing or to be built;</text> </paragraph> <paragraph num="D."> <text>Location and identification of the following sites from which the project would be clearly visible:</text> <paragraph num="(1)"> <text>Historical,</text> </paragraph> <paragraph num="(2)"> <text>Institutional land,</text> </paragraph> <paragraph num="(3)"> <text>Recreational area,</text> </paragraph> <paragraph num="(4)"> <text>Esthetic,</text> </paragraph> <paragraph num="(5)"> <text>Archeological,</text> </paragraph> <paragraph num="(6)"> <text>Wildlife management area, and</text> </paragraph> <paragraph num="(7)"> <text>Park or forest;</text> </paragraph> </paragraph> <paragraph num="E."> <text>Location and identification of all portions of the right-of-way requiring construction within the 100-year floodplain of any stream;</text> </paragraph> <paragraph num="F."> <text>Location and identification of any public airport 1 mile or less from the transmission line; and</text> </paragraph> <paragraph num="G."> <text>Depiction on suitable topographic map (minimum scale: 1 inch = 2,000 feet) of §§B—F of this regulation.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Alternative Transmission Line Routes."> <paragraph num="A."> <text>The description of each alternative route considered for the transmission line shall include:</text> <paragraph num="(1)"> <text>An estimate of the capital and annual operating cost of each alternative route; and</text> </paragraph> <paragraph num="(2)"> <text>A statement of the reason why each alternative route was rejected.</text> </paragraph> </paragraph> <paragraph num="B."> <text>For modifications to existing transmission lines, alternative routes need not be evaluated.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Environmental Information."> <text>The environmental information shall include:</text> <paragraph num="A."> <text>A general description of the physical, biological, aesthetic, and cultural features, and conditions of the site and adjacent areas;</text> </paragraph> <paragraph num="B."> <text>A summary of the environmental and socioeconomic effects of the construction and operation of the project, including a description of the unavoidable impacts and recommended mitigation;</text> </paragraph> <paragraph num="C."> <text>A copy of all studies of the environmental impact of the proposed project prepared by the applicant; and</text> </paragraph> <paragraph num="D."> <text>A statement of the ability to conform to the applicable environmental standards.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Public Utilities Article, §§2-121 and 7-205—7-208, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: February 10, 1997 (24:3 Md. R. 189)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended effective November 8, 2004 (31:22 Md. R. 1598)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02D amended effective November 8, 2004 (31:22 Md. R. 1598)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03A amended effective November 8, 2004 (31:22 Md. R. 1598)</annotation> </annotations> </chapter> </subtitle> <subtitle num="80" heading="Applications Concerning the Construction or Modification of Generating Stations and Overhead Transmission Lines"> <chapter num="01" heading="General Regulations" reason="Repealed"> <annotations> <annotation type="History" subtype="Administrative History">Effective date: August 8, 1968 (Order No. 57340)</annotation> <annotation type="History" subtype="Administrative History">Amended effective October 20, 1971 (Order No. 59499)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective March 1, 1974 (Order No. 60673)</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.10 repealed and new Regulations .01—.04 adopted effective December 29, 1986 (13:26 Md. R. 2808)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended effective February 10, 1997 (24:3 Md. R. 189)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02 amended effective February 10, 1997 (24:3 Md. R. 189)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 amended effective February 10, 1997 (24:3 Md. R. 189)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03G amended effective May 4, 1987 (14:9 Md. R. 1082)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04 recodified to Regulation .05 and new Regulation .04 adopted effective February 10, 1997 (24:3 Md. R. 189)</annotation> <annotation type="History" subtype="Administrative History">Chapter repealed effective November 8, 2004 (31:22 Md. R. 1598)</annotation> </annotations> </chapter> <chapter num="02" heading="Administrative Provisions" reason="Repealed"> <annotations> <annotation type="History" subtype="Administrative History">Effective date: December 29, 1986 (13:26 Md. R. 2808)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02 amended effective May 4, 1987 (14:9 Md. R. 1082); July 31, 1995 (22:15 Md. R. 1122); February 10, 1997 (24:3 Md. R. 189)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 amended effective May 4, 1987 (14:9 Md. R. 1082); February 10, 1997 (24:3 Md. R. 189)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04 amended effective May 4, 1987 (14:9 Md. R. 1082)</annotation> <annotation type="History" subtype="Administrative History">Chapter repealed effective November 8, 2004 (31:22 Md. R. 1598)</annotation> </annotations> </chapter> <chapter num="03" heading="Details of Filing Requirements — Generating Stations" reason="Repealed"> <annotations> <annotation type="History" subtype="Administrative History">Effective date: December 29, 1986 (13:26 Md. R. 2809)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended effective February 10, 1997 (24:3 Md. R. 190)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02 amended effective May 4, 1987 (14:9 Md. R. 1082); July 31, 1995 (22:15 Md. R. 1122); February 10, 1997 (24:3 Md. R. 190)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 amended effective February 10, 1997 (24:3 Md. R. 190)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04 amended effective February 10, 1997 (24:3 Md. R. 190)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05 amended effective February 10, 1997 (24:3 Md. R. 190)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05A amended effective May 4, 1987 (14:9 Md. R. 1082)</annotation> <annotation type="History" subtype="Administrative History">Chapter repealed effective November 8, 2004 (31:22 Md. R. 1598)</annotation> </annotations> </chapter> <chapter num="04" heading="Details of Filing Requirements — Transmission Lines" reason="Repealed"> <annotations> <annotation type="History" subtype="Administrative History">Effective date: December 29, 1986 (13:26 Md. R. 2810)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended effective May 4, 1987 (14:9 Md. R. 1083); February 10, 1997 (24:3 Md. R. 190)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02 amended effective May 4, 1987 (14:9 Md. R. 1083); February 10, 1997 (24:3 Md. R. 190)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 amended effective May 4, 1987 (14:9 Md. R. 1083)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04 amended effective February 10, 1997 (24:3 Md. R. 190)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05 amended effective May 4, 1987 (14:9 Md. R. 1083)</annotation> <annotation type="History" subtype="Administrative History">Chapter repealed effective November 8, 2004 (31:22 Md. R. 1598)</annotation> </annotations> </chapter> </subtitle> <subtitle num="81" heading="Applications for Authority to Acquire Property for the Construction of an Oil Pipeline"> <chapter num="01" heading="General Regulations"> <regulation prefix="Regulation" num=".01" heading="Definitions."> <paragraph num="A."> <text>In this subtitle, the following terms have the meanings indicated:</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Aesthetic site” means a site whose aesthetic nature is of general public interest as officially recognized by a local, state, or federal government agency charged with the responsibility to oversee the protection of the environment.</text> </paragraph> <paragraph num="(2)"> <text>“Applicant” means the oil pipeline corporation making an application under the provisions of Public Utilities Article, §5-404, Annotated Code of Maryland, and this subtitle.</text> </paragraph> <paragraph num="(3)"> <text>“Archeological Site”.</text> <paragraph num="(a)"> <text>“Archeological site” means a site or locality yielding artifacts, structural remains, or other evidence of occupation or use dating before 1900, and especially those before 1875.</text> </paragraph> <paragraph num="(b)"> <text>The site may be either prehistoric (Indian), historic (colonial, industrial, and so forth), or both.</text> </paragraph> <paragraph num="(c)"> <text>The designation of a site or locality having archeological interest as an archeological site will be made by the State Archeologist, Maryland Geological Survey, who will also act to coordinate subsequent field activities.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>“Commission” means the Public Service Commission of Maryland.</text> </paragraph> <paragraph num="(5)"> <text>“Construction Site”.</text> <paragraph num="(a)"> <text>“Construction site” means a site having a portion or all of its real property within the proposed oil pipeline facility property acquisition.</text> </paragraph> <paragraph num="(b)"> <text>“Construction” includes any clearing of land, excavation, or other action that would affect the natural environment of the site or route of the oil pipeline facilities, but does not include changes needed for temporary use of sites or routes for non-pipeline purposes, or uses in securing geological or topographical data, including any necessary borings.</text> </paragraph> </paragraph> <paragraph num="(6)"> <text>“Cost” means the total estimated cost for the design, construction, and activation of the project, expressed in dollars for the year or years in which the expenditures are budgeted.</text> </paragraph> <paragraph num="(7)"> <text>“Historic site” means a site duly registered with the:</text> <paragraph num="(a)"> <text>Maryland Historic Trust;</text> </paragraph> <paragraph num="(b)"> <text>National Register of Historic Places;</text> </paragraph> <paragraph num="(c)"> <text>National Register of Natural Landmarks;</text> </paragraph> <paragraph num="(d)"> <text>National Trust for Historic Preservation; or</text> </paragraph> <paragraph num="(e)"> <text>Register of National Historic Landmarks.</text> </paragraph> </paragraph> <paragraph num="(8)"> <text>“Oil pipeline” means all fixed property and facilities used in the transportation of refined petroleum products.</text> </paragraph> <paragraph num="(9)"> <text>“Oil pipeline corporation” has the meaning stated in Public Utilities Article, §5-404(a)(2), Annotated Code of Maryland.</text> </paragraph> <paragraph num="(10)"> <text>“Project” means the proposed oil pipeline facility as defined in §B(8) of this regulation.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Information and Documents To Be Included in Application."> <text>The following information and documents shall be included in an application made under this subtitle:</text> <paragraph num="A."> <text>The applicant's name and the address of its principal business office;</text> </paragraph> <paragraph num="B."> <text>The name, title, and address of the person authorized to receive notices and communications with respect to the application;</text> </paragraph> <paragraph num="C."> <text>The location or locations at which the public may inspect a map or maps showing in more detail the site and routing of the project, as required by §R of this regulation;</text> </paragraph> <paragraph num="D."> <text>A concise general description of the entire project, including pertinent design and operational features, provisions for aesthetic and environmental considerations, and the overall project schedule for engineering, construction, and activation;</text> </paragraph> <paragraph num="E."> <text>The estimated cost of the project;</text> </paragraph> <paragraph num="F."> <text>Tentative plans for financing the project;</text> </paragraph> <paragraph num="G."> <text>A statement of the need for the project in meeting present and future demands for service, how the project will satisfy these requirements, the alternatives considered, and a concise description of the estimated specific consequences if the project is not installed or if schedule slippage occurs;</text> </paragraph> <paragraph num="H."> <text>Regarding the land for the project—a description of the types of property conveyance and pertinent provisions, the extent and dates of any portions of the land privately acquired to date, and a brief description of any improvements which may have to be acquired for the project;</text> </paragraph> <paragraph num="I."> <text>A list of local, state, or federal government agencies having requirements which must be met in connection with the construction or operation of the project, and a statement that the necessary approval has been obtained from each of these agencies or an explanation why the approvals have not been obtained at the date the application is filed;</text> </paragraph> <paragraph num="J."> <text>A copy of every required franchise or a statement that no franchise is required;</text> </paragraph> <paragraph num="K."> <text>A copy of the applicant's corporate charter;</text> </paragraph> <paragraph num="L."> <text>A general description of the proposed route and the number of miles located in each county within the State;</text> </paragraph> <paragraph num="M."> <text>The rights-of-way widths and acreage included in them;</text> </paragraph> <paragraph num="N."> <text>The location and identification of conflicting aesthetic or historic sites, areas of environmental significance, or both, including wetlands as may be designated by the Department of Natural Resources;</text> </paragraph> <paragraph num="O."> <text>The location and identification of aesthetic or historic sites, institutional lands, parks, recreational areas, and wildlife management areas from which the project would be clearly and permanently visible;</text> </paragraph> <paragraph num="P."> <text>A summary of any studies which have been made of the environmental impact of the project, and the results of the studies as may be embodied in the project;</text> </paragraph> <paragraph num="Q."> <text>The location and description of any historic or prehistoric archeological sites that are within the right-of-way for the oil pipeline or that may be on or near unimproved access roads or other roads built or improved for construction or maintenance of the oil pipeline;</text> </paragraph> <paragraph num="R."> <text>A depiction on suitable topographic maps of the applicable information required by §§L—Q of this regulation (the topographical maps shall have a scale of 1 to 24,000 or larger).</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Form of Application."> <paragraph num="A."> <text>The original application shall be signed by a person or persons having authority to make the application and having knowledge of the matters set forth in it, and shall be verified under oath.</text> </paragraph> <paragraph num="B."> <text>Every application shall be printed or typewritten on sheets 8-1/2 by 11 inches in size, except that supporting exhibits such as maps, profiles, and other engineering material may be on paper not exceeding 28 by 40 inches in size.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Distribution of Application."> <paragraph num="A."> <text>The applicant shall submit to the Commission the original and six copies of the application.</text> </paragraph> <paragraph num="B."> <text>At the time the application is filed with the Commission, the applicant shall mail a copy of it to the following:</text> <paragraph num="(1)"> <text>The governing body, and the planning zone commission of each county in which any portion of the project will be located;</text> </paragraph> <paragraph num="(2)"> <text>Maryland Department of Health;</text> </paragraph> <paragraph num="(3)"> <text>Maryland Department of Transportation;</text> </paragraph> <paragraph num="(4)"> <text>Maryland Department of Natural Resources (six copies);</text> </paragraph> <paragraph num="(5)"> <text>Department of Commerce;</text> </paragraph> <paragraph num="(6)"> <text>Office of Planning;</text> </paragraph> <paragraph num="(7)"> <text>Maryland State Highway Administration;</text> </paragraph> <paragraph num="(8)"> <text>The Regional Planning Council, the Maryland National Capital Park and Planning Commission, or both, if affected by the application;</text> </paragraph> <paragraph num="(9)"> <text>United States Department of Interior; and</text> </paragraph> <paragraph num="(10)"> <text>All other local, state, or federal agencies designated in Regulations .01B(1) and (7) and .02I of this chapter, if affected by the application.</text> </paragraph> </paragraph> <paragraph num="C."> <text>A certificate of service showing the identity of those served shall be attached to the application.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Hearing on Application."> <paragraph num="A."> <text>The Commission shall hold a public hearing on the application as required by law and shall render its decision in accordance with Public Utilities Article, §5-404, Annotated Code of Maryland.</text> </paragraph> <paragraph num="B."> <text>Advertisement.</text> <paragraph num="(1)"> <text>The applicant shall advertise the public hearing in a newspaper of general circulation in the area or areas where the proposed project is to be constructed once in each of 2 successive weeks immediately before the hearing as a legal notice.</text> </paragraph> <paragraph num="(2)"> <text>The applicant shall publish a display advertisement which includes:</text> <paragraph num="(a)"> <text>A brief description of the project which the general public can understand; and</text> </paragraph> <paragraph num="(b)"> <text>A map sufficient to indicate the proposed general location or route of the project, or both.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>All advertisements shall contain a statement that a map showing in detail the routing of the proposed oil pipeline is available for public inspection at a specific location within the county in which any construction is proposed.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Written Notice.</text> <paragraph num="(1)"> <text>The applicant shall give written notice to every person under or over whose land the proposed oil pipeline is to be located.</text> </paragraph> <paragraph num="(2)"> <text>The applicant shall send the notice by certified mail at least 30 days before the hearing to every owner or owners of the property as determined from the current tax assessment records of the political subdivision in which the property is located.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Other Notice.</text> <paragraph num="(1)"> <text>In addition and if appropriate, the applicant shall publish any other notice that may be required by other Maryland law and regulations, relating to but not limited to matters involving private wetlands, the use and diversion of State waters, and the probable effect of the application on ambient air quality.</text> </paragraph> <paragraph num="(2)"> <text>This notice shall refer to these matters as being part of the proceedings and public hearings on the application.</text> </paragraph> <paragraph num="(3)"> <text>The applicant under these circumstances shall obtain from the appropriate State agencies the proper form and content of public notice.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Proceedings under this subtitle shall be governed by the relevant provisions of the Public Utilities Article, Annotated Code of Maryland, and by the Commission's regulations.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Public Utilities Article, §§2-121 and 5-404, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: May 1, 1981 (8:9 Md. R. 803)</annotation> </annotations> </chapter> </subtitle> <subtitle num="85" heading="Construction of Underground Electric and Communication Facilities for Residential and Non-Residential Customers"> <chapter num="01" heading="Non-Residential Electric Underground Facilities"> <regulation prefix="Regulation" num=".01" heading="Applicability."> <paragraph num="A."> <text>After August 28, 1969, extensions of electric distribution lines on applicants' owned and leased properties, and in industrial parks, necessary to furnish permanent electric service to new commercial and industrial buildings, and to new multiple-occupancy buildings shall be made underground.</text> </paragraph> <paragraph num="B."> <text>These regulations do not apply to extensions of lines of nominal 33,000 volts and higher.</text> </paragraph> <paragraph num="C."> <text>The application of these regulations is not mandatory for extensions of lines to provide electric service to customers whose premises are so unesthetic that the construction of underground lines would serve no purpose. Customers of this nature might include gravel pits and other mining operations, junk yards, railroad yards, and steel mills.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Applicant” means the person, partnership, association, corporation, or government agency applying for electric service.</text> </paragraph> <paragraph num="(2)"> <text>“Commission” means the Public Service Commission of Maryland.</text> </paragraph> <paragraph num="(3)"> <text>“Industrial park” means an area which has been zoned for industrial use and which is covered by a recorded subdivision plat.</text> </paragraph> <paragraph num="(4)"> <text>“Multiple-occupancy building” means a structure enclosed within walls or fire walls, built, erected, and framed of component structural parts and designed to contain 5 or more individual dwelling units.</text> </paragraph> <paragraph num="(5)"> <text>“Person” has the meaning stated in Public Utilities Article, §1-101, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(6)"> <text>“Public service company” has the meaning stated in Public Utilities Article, §1-101, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(7)"> <text>“Underground extension” means an underground extension of the electric distribution system on an applicant's owned or leased property, primarily to serve the property, or the underground extension of the electric distribution system to serve more than one customer in an area, such as in an industrial park.</text> </paragraph> <paragraph num="(8)"> <text>“Utility” means an “electric company” as defined in Public Utilities Article, §1-101, Annotated Code of Maryland.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Rights-of-Way and Easements."> <paragraph num="A."> <text>Rights-of-way and easements suitable to the utility shall be furnished at no cost to the utility by the applicant in a reasonable time to meet service requirements, shall be cleared of trees, tree stumps, and other obstructions at no charge to the utility, and shall be graded to within 6 inches of final grade by the applicant before the utility will commence construction. The clearance and grading shall be maintained by the applicant during construction by the utility.</text> </paragraph> <paragraph num="B."> <text>If, subsequent to construction, the clearance or grade is changed in such a way as to require relocation of the underground facilities, the cost of the relocation shall be borne by the applicant or his successor.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Installation of Underground Extension."> <paragraph num="A."> <text>Upon receipt of a proper application, the utility shall install an underground extension with sufficient capacity and suitable materials which, in its judgment, will assure that the applicant, or customer, will receive safe, adequate, and reasonable electric service to meet his requirements.</text> </paragraph> <paragraph num="B."> <text>The design and construction of the underground extension shall conform to accepted good engineering practice in the electric industry to provide an installation at reasonable cost, consistent with the objectives of §A of this regulation.</text> </paragraph> <paragraph num="C."> <text>If the applicant demands an installation more costly than that normally furnished by the utility to meet the objectives of §B of this regulation, then the applicant shall pay the cost of his additional requirements.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Repealed." /> <regulation prefix="Regulation" num=".06" heading="Requirements to be Furnished by Applicant."> <text>The applicant shall furnish or pay for, or both, as elected by the utility:</text> <paragraph num="A."> <text>Rights-of-way and easements in accordance with Regulation .03 of this chapter;</text> </paragraph> <paragraph num="B."> <text>Required suitable conduit systems, including conduits or raceways within a building on the line side of the meter;</text> </paragraph> <paragraph num="C."> <text>Required suitable transformer vaults and entrance facilities;</text> </paragraph> <paragraph num="D."> <text>Required suitable enclosures for switching and protective equipment; and</text> </paragraph> <paragraph num="E."> <text>All equipment and facilities, other than those specified above, required by the utility's rate schedule for the type of service received.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Repealed." /> <regulation prefix="Regulation" num=".08" heading="Connection to Supply System."> <paragraph num="A."> <text>The utility shall construct a connection from the utility's existing supply facilities to the underground extension in accordance with the extension rules of the utility on file with the Commission.</text> </paragraph> <paragraph num="B."> <text>An electric company may not permit any person not a public service company to make attachment to any electric company existing overhead facilities for the purpose or intended purpose of providing overhead service to a customer to whom the electric company is required to provide underground service in accordance with the regulations of the Commission with respect to underground service.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".09" heading="Construction."> <paragraph num="A."> <text>To the extent practicable, electric cables, communications cables, and gas pipes shall be installed in the same trench, care being taken to conform to any applicable code and utility specification.</text> </paragraph> <paragraph num="B."> <text>Upon timely application, an electric company shall allow any person precluded from using overhead facilities as set forth in Regulation .08B, of this chapter, joint use of its open trenches wherever reasonable and technically feasible in accordance with mutually agreeable terms and conditions.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".10" heading="Tariff Provisions."> <text>When a utility has filed with the Commission tariff provisions which pertain to underground service and which are not in conflict with these regulations, then the tariff provisions shall be considered as supplements to these regulations for that utility.</text> </regulation> <regulation prefix="Regulation" num=".11" heading="Special Conditions."> <text>In unusual circumstances, when the application of these regulations appears impracticable or unjust to either party, or discriminatory to other customers, the utility or applicant shall refer the matter to the Commission for a special ruling or for the approval of special conditions which may be mutually agreed upon, before commencing construction.</text> </regulation> <annotations> <annotation type="Authority">Public Utilities Article, §§2-121 and 5-101, and Title 12, Subtitle 1, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: August 28, 1969 (Order No. 57831)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective September 1, 1971 (Order No. 59432)</annotation> <annotation type="History" subtype="Administrative History">Regulations .02E, F, .08B, and .09B adopted effective October 1, 1973 (Order No. 60392)</annotation> <annotation type="History" subtype="Administrative History">Regulations .05 and .07 repealed effective March 26, 1984 (11:6 Md. R. 556)</annotation> </annotations> </chapter> <chapter num="02" heading="Non-Residential Communications Underground Facilities"> <regulation prefix="Regulation" num=".01" heading="Applicability."> <paragraph num="A."> <text>After August 28, 1969, extensions of telephone distribution lines on applicants' owned and leased properties, and in industrial parks, necessary to furnish permanent telephone service to new commercial and industrial buildings and to new multiple-occupancy buildings, shall be made underground.</text> </paragraph> <paragraph num="B."> <text>The application of these regulations is not mandatory for extensions of lines to provide telephone service to customers whose premises are so unesthetic that the construction of underground lines would serve no purpose. Customers of this nature might include gravel pits and other mining operations, junk yards, railroad yards, and steel mills.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Applicant” means the person, partnership, association, corporation, or government agency applying for telephone service, or developing an industrial park, shopping center, or other commercial or industrial building in which telephone service is to be provided.</text> </paragraph> <paragraph num="(2)"> <text>“Commission” means the Public Service Commission of Maryland.</text> </paragraph> <paragraph num="(3)"> <text>“Industrial park” means an area which has been zoned for industrial use and which is covered by a recorded subdivision plat.</text> </paragraph> <paragraph num="(4)"> <text>“Multiple-occupancy building” means a structure enclosed within walls or fire walls, built, erected, and framed of component structural parts and designed to contain 5 or more individual dwelling units.</text> </paragraph> <paragraph num="(5)"> <text>“Person” has the meaning stated in Public Utilities Article, §1-101, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(6)"> <text>“Public service company” has the meaning stated in Public Utilities Article, §1-101, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(7)"> <text>“Underground extension” means an underground extension of the telephone distribution system on an applicant's owned or leased property, primarily to serve the property, or the underground extension of the telephone distribution system to serve more than one customer in an area, such as in an industrial park.</text> </paragraph> <paragraph num="(8)"> <text>“Utility” means a “telephone company” as stated in Public Utilities Article, §1-101, Annotated Code of Maryland.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Rights-of-Way and Easements."> <paragraph num="A."> <text>Rights-of-way and easements suitable to the utility shall be furnished at no cost to the utility by the applicant in a reasonable time to meet service requirements, shall be cleared of trees, tree stumps, and other obstructions at no charge to the utility, and shall be graded to within 6 inches of final grade by the applicant before the utility will commence construction. The clearance and grading shall be maintained by the applicant during construction by the utility.</text> </paragraph> <paragraph num="B."> <text>If, subsequent to construction, the clearance or grade is changed in such a way as to require relocation of the underground facilities, the cost of the relocation shall be borne by the applicant or his successor.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Installation of Underground Extension."> <paragraph num="A."> <text>Upon receipt of a proper application, the utility shall install an underground extension with sufficient capacity and suitable materials which, in its judgment, will assure that the applicant, or customer, will receive safe, adequate, and reasonable telephone service to meet his requirements.</text> </paragraph> <paragraph num="B."> <text>The design and construction of the underground extension shall conform to accepted good engineering practice in the telephone industry to provide an installation at reasonable cost, consistent with the objectives of §A of this regulation.</text> </paragraph> <paragraph num="C."> <text>If the applicant demands an installation more costly than that normally furnished by the utility to meet the objectives of §B of this regulation, then the applicant shall pay the cost of his additional requirements.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Requirements To Be Furnished by Applicant."> <text>The applicant shall furnish or pay for, or both, as elected by the utility:</text> <paragraph num="A."> <text>Rights-of-way and easements in accordance with Regulation .03 of this chapter;</text> </paragraph> <paragraph num="B."> <text>Required suitable conduit systems; and</text> </paragraph> <paragraph num="C."> <text>Opening, resurfacing, and repaving of paved surfaces.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Connection to Existing System."> <paragraph num="A."> <text>The connection from the existing telephone distribution system to the underground extension shall be constructed by the utility in accordance with the extension rules of the utility on file with the Commission.</text> </paragraph> <paragraph num="B."> <text>A telephone company may not permit any person not a public service company to make attachment to any telephone company existing overhead facilities for the purpose or intended purpose of providing overhead service to a customer to whom the telephone company is required to provide underground service in accordance with the regulations of the Commission with respect to underground service.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Construction."> <paragraph num="A."> <text>To the extent practicable, electric cables, communications cables, and gas pipes shall be installed in the same trench, care being taken to conform to any applicable code and utility specification.</text> </paragraph> <paragraph num="B."> <text>Upon timely application, a telephone company shall allow any person precluded from using overhead facilities, as set forth in Regulation .06B of this chapter, joint use of its open trenches wherever reasonable and technically feasible in accordance with mutually agreeable terms and conditions.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Tariff Provisions."> <text>When a utility has filed with the Commission tariff provisions which pertain to underground service and which are not in conflict with these regulations, then the tariff provisions shall be considered as supplements to these regulations for that utility.</text> </regulation> <regulation prefix="Regulation" num=".09" heading="Special Conditions."> <text>In unusual circumstances, when the application of these regulations appears impracticable or unjust to either party, or discriminatory to other customers, the utility or applicant shall refer the matter to the Commission for a special ruling or for the approval of special conditions which may be mutually agreed upon, before commencing construction.</text> </regulation> <annotations> <annotation type="Authority">Public Utilities Article, §§2-121 and 5-101, and Title 12, Subtitle 1, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: August 28, 1969 (Order No. 57831)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective September 1, 1971 (Order No. 59432)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02A amended effective October 31, 1988 (15:22 Md. R. 2559)</annotation> <annotation type="History" subtype="Administrative History">Regulations .02E, F, .06B, and .07B adopted effective October 1, 1973 (Order No. 60392)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05C amended effective October 31, 1988 (15:22 Md. R. 2559)</annotation> </annotations> </chapter> <chapter num="03" heading="Residential Electric Underground Facilities"> <regulation prefix="Regulation" num=".01" heading="Applicability."> <paragraph num="A."> <text>Extensions of electric distribution lines made after June 5, 1968, which are necessary to furnish permanent electric service to new residential buildings and mobile homes, shall be made underground. The extensions of service shall be made by the utility in accordance with the provisions in these regulations.</text> </paragraph> <paragraph num="B."> <text>These regulations apply to:</text> <paragraph num="(1)"> <text>Extensions of electric distribution lines in subdivisions where primary, secondary, and service lines will be placed underground to provide permanent electric service to any number of residential buildings or mobile homes; and</text> </paragraph> <paragraph num="(2)"> <text>An extension to provide permanent electric service to a single residential building or to a mobile home.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>Applicant" means the developer, builder, property owner, or other person, partnership, association, corporation, or governmental agency applying for permanent electric service to new residential buildings or mobile homes.</text> </paragraph> <paragraph num="(2)"> <text>“Commission” means the Public Service Commission of Maryland.</text> </paragraph> <paragraph num="(3)"> <text>“Mobile home” means a dwelling unit constructed for permanent occupancy, which is:</text> <paragraph num="(a)"> <text>Designed for moving along roads and highways by towing with a truck or tractor; and</text> </paragraph> <paragraph num="(b)"> <text>Installed on a permanent foundation.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>“Person” has the meaning stated in Public Utilities Article, §1-101, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(5)"> <text>“Public service company” has the meaning stated in Public Utilities Article, §1-101, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(6)"> <text>“Residential building” means a structure enclosed within exterior walls or fire walls, built, erected, and framed of component structural parts and designed for single-family occupancy.</text> </paragraph> <paragraph num="(7)"> <text>“Subdivision” means a portion of real property:</text> <paragraph num="(a)"> <text>Which includes or otherwise designates lots or locations intended for residential buildings or mobile homes including “planned unit developments” or “new towns”; and</text> </paragraph> <paragraph num="(b)"> <text>For which a new electric distribution system is required in order to furnish electric service in it.</text> </paragraph> </paragraph> </paragraph> <paragraph num="C."> <text>“Underground electric distribution system” means that portion of an electric utility distribution plant necessary to furnish permanent underground service to all present and anticipated residential buildings and mobile homes in a subdivision. The system includes underground electric service lines as defined in §B(9) of this regulation.</text> </paragraph> <paragraph num="D."> <text>“Underground electric service line” means that portion of an electric utility distribution plant necessary to furnish permanent underground service from the lot line to a residential building or mobile home.</text> </paragraph> <paragraph num="E."> <text>“Utility” means an “electric company” stated in Public Utilities Article, §1-101, Annotated Code of Maryland.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Rights-of-Way and Easements."> <paragraph num="A."> <text>The utility shall construct, own, operate, and maintain an underground electric distribution system only along public streets, roads, and highways which the utility has the legal right to occupy, and on public lands and private property across which rights-of-way and easements satisfactory to the utility may be obtained without cost or condemnation, in reasonable time to meet service requirements.</text> </paragraph> <paragraph num="B."> <text>Rights-of-way and easements shall be cleared of trees, tree stumps, and other obstructions at no charge to the utility, and shall be graded to within 6 inches of final grade by the applicant before the utility will commence construction. The clearance and grading shall be maintained by the utility.</text> </paragraph> <paragraph num="C."> <text>If, subsequent to construction, the clearance or grade is changed in such a way as to require relocation of the underground facilities, the cost of the relocation shall be borne by the applicant or his successor.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Installation of Underground Electric Distribution System or Underground Electric Service Line."> <paragraph num="A."> <text>Upon receipt of a proper application, the utility shall install, own, and maintain an underground electric distribution system or underground electric service line with sufficient capacity and suitable material which, in its judgment, will assure that the applicant will receive safe, adequate, and reasonable electric service for the foreseeable future.</text> </paragraph> <paragraph num="B."> <text>If the underground electric distribution system is to be installed in a subdivision, the applicant shall furnish the utility as required, at no charge, property plats, utility plans, grading plans, roadway profiles, and other items showing details of proposed construction within the applicant's subdivision in reasonable time to allow the utility to engineer, design, and construct its facilities in a safe and efficient manner to meet service requirements and to comply with applicable laws, codes, and regulations.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Charges."> <text>A charge may not be made by the utility for the underground installation, except in accordance with tariffs filed with the Commission and the following general guidelines:</text> <paragraph num="A."> <text>The service connection to the building normally will be at the corner of the building nearest the point at which the underground electric service line enters the property to be served.</text> </paragraph> <paragraph num="B."> <text>Each applicant will cooperate with the utility in an effort to keep the cost of construction and installation of the underground electric distribution system or service line as low as possible. Additional costs arising from failure of the applicant to cooperate with the utility, such as his making changes in grade or failing to maintain grade, shall be borne by the applicant.</text> </paragraph> <paragraph num="C."> <text>If an underground installation is to be constructed within a subdivision designed to include large open areas which would result in an abnormal increase in the investment per customer required to construct the underground distribution system, then the utility may refer the matter to the Commission for a ruling as to whether a charge should be assessed against the applicant, and the amount of the charge, if any.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Connection to Supply System."> <paragraph num="A."> <text>For underground electric distribution systems installed in subdivisions, the utility shall construct a connection from the boundary line of the applicant's subdivision to the utility's existing supply facilities, subject to the following provisions:</text> <paragraph num="(1)"> <text>The extension from the boundary line of the subdivision, for a maximum distance of 200 feet, shall be made underground, at the utility's expense; and</text> </paragraph> <paragraph num="(2)"> <text>If an extension in excess of 200 feet is required, then the extension over 200 feet shall be made underground in accordance with the regular extension of the utility on file with the Commission, subject to appeal to the Commission if this should appear to be impracticable.</text> </paragraph> </paragraph> <paragraph num="B."> <text>For underground electric service lines to new residential buildings or mobile homes for which §A of this regulation is not applicable, the utility shall construct an underground line from the lot line of applicant's property to the existing underground or overhead line on either side of the street or road in front of the lot, at no charge to the applicant. If there is no electric supply facility or overhead facilities of another public service company which may be jointly shared along the street or road at that location, then the utility shall construct an underground line to the nearest practicable existing electric supply facilities in accordance with the provisions of the regular extension rules in the tariff of the utility on file with the Commission. However, any charge or deposit to the applicant may not exceed the equivalent of $1 per foot of line extension not on applicant's property, subject to appeal to the Commission under Regulation .10, if this should appear to be impracticable.</text> </paragraph> <paragraph num="C."> <text>An electric company may not permit any person not a public service company to make attachment to any electric company existing overhead facilities for the purpose or intended purpose of providing overhead service to a customer to whom the electric company is required to provide underground service in accordance with the regulations of the Commission with respect to underground service.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Advances by Applicant."> <paragraph num="A."> <text>When, due to the manner in which a subdivision is developed, the utility is required to construct an underground electric distribution system through a section or sections of the subdivision where service will not be connected for at least 2 years, then the utility may require the applicant to make a reasonable deposit before construction is commenced. The deposit may be no more than the estimated installed cost of the underground distribution system less the estimated installed cost of transformers and meters.</text> </paragraph> <paragraph num="B."> <text>The deposit, without interest, shall be returned to the applicant on a proportional basis as each new customer in the subdivision completes his permanent service connection.</text> </paragraph> <paragraph num="C."> <text>Any portion of a deposit remaining unrefunded 10 years from the date the utility is first ready to render service from the extension will be retained by the utility and credited to an appropriate account.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Joint Construction."> <paragraph num="A."> <text>Each utility engaged in underground construction shall cooperate to the extent practicable in having information available for review by other utilities concerning applicants for new services.</text> </paragraph> <paragraph num="B."> <text>To the extent practicable, electric cables, communications cables, and gas pipes shall be installed in the same trench, due care being taken to conform to any applicable code and utility specification.</text> </paragraph> <paragraph num="C."> <text>Upon timely application, an electric company shall allow any person precluded from using overhead facilities as set forth in Regulation .06C of this chapter, joint use of its open trenches wherever reasonable and technically feasible in accordance with mutually agreeable terms and conditions.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".09" heading="Reports. — Repealed" /> <regulation prefix="Regulation" num=".10" heading="Modification or Exemption."> <paragraph num="A."> <text>In unusual circumstances, when the application of these regulations appears impracticable or unjust to either party, or discriminatory to other customers, the utility or applicant may refer the matter to the Commission for modification of the regulations or for the approval of special conditions before commencing construction.</text> </paragraph> <paragraph num="B."> <text>Requests to the Commission for exemption from the requirements for underground installation of an electric distribution system or a service line shall be in writing and shall include the following:</text> <paragraph num="(1)"> <text>Description of the probable impact on the environment if the overhead line is constructed, including proposed overhead construction;</text> </paragraph> <paragraph num="(2)"> <text>Estimate of the installation cost of underground, by major elements;</text> </paragraph> <paragraph num="(3)"> <text>Estimated annual revenue from the proposed system or line;</text> </paragraph> <paragraph num="(4)"> <text>Number of customers to be served from the proposed system or line; and</text> </paragraph> <paragraph num="(5)"> <text>Property plat indicating the physical features, potential customers, and system or line layout (underground and overhead).</text> </paragraph> </paragraph> </regulation> <annotations> <annotation type="Authority">Public Utilities Article, §§2-121 and 5-101, and Title 12, Subtitle 1, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: June 5, 1968 (Order No. 57282)</annotation> <annotation type="History" subtype="Administrative History">Amended effective November 1, 1968 (Order No. 57413)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective September 1, 1971 (Order No. 59429)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective July 1, 1973 (Order No. 60316)</annotation> <annotation type="History" subtype="Administrative History">Regulations .02D, E, .06C, and .08C adopted effective October 1, 1973 (Order No. 60391)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05 amended effective March 26, 1984 (11:6 Md. R. 557)</annotation> <annotation type="History" subtype="Administrative History">Regulation .09 repealed effective August 21, 2023 (50:16 Md. R. 728)</annotation> </annotations> </chapter> <chapter num="04" heading="Residential Communications Underground Facilities"> <regulation prefix="Regulation" num=".01" heading="Applicability."> <paragraph num="A."> <text>Extensions of telephone distribution lines made after June 5, 1968, which are necessary to furnish permanent telephone service to new residential buildings and mobile homes, shall be made underground. The extension of service shall be made by the utility in accordance with the provisions in these regulations.</text> </paragraph> <paragraph num="B."> <text>These regulations apply to:</text> <paragraph num="(1)"> <text>Extensions of telephone distribution lines in subdivisions where distribution cables and service lines will be placed underground to provide permanent telephone service to any number of residential buildings or mobile homes; and</text> </paragraph> <paragraph num="(2)"> <text>An extension to provide permanent telephone service to a single residential building or to a mobile home.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Applicant” means the person, partnership, association, corporation, or government agency applying for permanent telephone service, or developing a subdivision in which telephone service is to be provided to new residential buildings or mobile homes.</text> </paragraph> <paragraph num="(2)"> <text>“Commission” means the Public Service Commission of Maryland.</text> </paragraph> <paragraph num="(3)"> <text>“Mobile home” means a dwelling unit constructed for permanent occupancy, which is:</text> <paragraph num="(a)"> <text>Designed for moving along roads and highways by towing with a truck or tractor; and</text> </paragraph> <paragraph num="(b)"> <text>Installed on a permanent foundation.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>“Person” has the meaning stated in Public Utilities Article, §1-101, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(5)"> <text>“Public service company” has the meaning stated in Public Utilities Article, §1-101, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(6)"> <text>“Residential building” means a structure enclosed within exterior walls or fire walls, built, erected, and framed of component structural parts and designed for single-family occupancy.</text> </paragraph> <paragraph num="(7)"> <text>“Subdivision” means a portion of real property:</text> <paragraph num="(a)"> <text>Which includes or otherwise designates lots or locations intended for residential buildings or mobile homes including “planned unit developments” or “new towns”; and</text> </paragraph> <paragraph num="(b)"> <text>For which a new telephone distribution system is required in order to furnish telephone service therein.</text> </paragraph> </paragraph> <paragraph num="(8)"> <text>“Underground telephone distribution system” means that portion of a telephone utility distribution plant necessary to furnish permanent underground service to all present and anticipated residential buildings and mobile homes in a subdivision. The system includes underground telephone service lines as defined in §B(9) of this regulation.</text> </paragraph> <paragraph num="(9)"> <text>“Underground telephone service line” means that portion of a telephone utility distribution plant necessary to furnish permanent underground service from the lot line to a residential building or mobile home.</text> </paragraph> <paragraph num="(10)"> <text>“Utility” means a “telephone company” stated in Public Utilities Article, §1-101, Annotated Code of Maryland.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Rights-of-Way and Easements."> <paragraph num="A."> <text>The utility shall construct, own, operate, and maintain an underground telephone distribution system only along public streets, roads, and highways which the utility has the legal right to occupy, and on public lands and private property across which rights-of-way and easements satisfactory to the utility may be obtained by the utility without cost or condemnation, in reasonable time to meet service requirements.</text> </paragraph> <paragraph num="B."> <text>Rights-of-way and easements shall be cleared of trees, tree stumps, and other obstructions at no charge to the utility, and shall be graded to within 6 inches of final grade by the applicant before the utility will commence construction. The clearance and grading shall be maintained by the applicant during construction by the utility.</text> </paragraph> <paragraph num="C."> <text>If, subsequent to construction, the clearance or grade is changed in such a way as to require relocation of the underground facilities, the cost of the relocation shall be borne by the applicant or his successor.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Installation of Underground Telephone Distribution System or Underground Telephone Service Line."> <paragraph num="A."> <text>Upon receipt of a proper application, the utility shall install, own, and maintain an underground telephone distribution system or underground telephone service line with suitable materials which, in its judgment, will assure that the applicant will receive safe, adequate, and reasonable telephone service for the foreseeable future.</text> </paragraph> <paragraph num="B."> <text>If the underground telephone distribution system is to be installed in a subdivision, the applicant shall furnish the utility, as required, at no charge, property plats, utility plans, grading plans, roadway profiles, and other items showing details of proposed construction within the applicant's subdivision in reasonable time to allow the utility to engineer, design, and construct its facilities in a safe and efficient manner to meet service requirements and to comply with applicable laws, codes, and regulations.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Charges."> <paragraph num="A."> <text>A charge may be made by the utility for the underground installation, in accordance with tariffs filed with the Commission and the provisions of this regulation.</text> </paragraph> <paragraph num="B."> <text>The service connection to the building normally will be at the corner of the building nearest the point at which the underground telephone service line enters the property to be served. If the applicant specifies a different service connection point at the building, then he shall pay the estimated cost of the excess trenching and backfilling.</text> </paragraph> <paragraph num="C."> <text>Each applicant will cooperate with the utility in an effort to keep the cost of construction and installation of the underground telephone distribution system or service line as low as possible. Additional costs arising from failure of the applicant to cooperate with the utility shall be borne by the applicant.</text> </paragraph> <paragraph num="D."> <text>The charges resulting from the application of these regulations may not be waived or refunded.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Connection to Existing System."> <paragraph num="A."> <text>The connection from the existing telephone distribution system to the underground telephone distribution systems installed within a subdivision shall be made underground in accordance with the regular extension rules of the utility on file with the Commission.</text> </paragraph> <paragraph num="B."> <text>For underground telephone service lines to new residential buildings or mobile homes, the utility shall construct an underground line from the lot line of the applicant's property to the existing underground or overhead line along either side of the street or road in front of the lot, at no charge to the applicant. If there is no telephone line or overhead facilities of another public service company which may be jointly shared along the street or road at that location, then the utility shall construct an underground line to the nearest practicable existing facilities in accordance with the regular extension rules in the tariff of the utility on file with the Commission, subject to appeal to the Commission under Regulation .09 of this chapter, if this should appear to be impracticable.</text> </paragraph> <paragraph num="C."> <text>A telephone company may not permit any person not a public service company to make attachment to any telephone company existing overhead facilities for the purpose or intended purpose of providing overhead service to a customer to whom the telephone company is required to provide underground service in accordance with the regulations of the Commission with respect to underground service.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Advances by Applicant."> <paragraph num="A."> <text>The utility may require a reasonable deposit from the applicant before construction is commenced, in order to guarantee performance. The deposit, without interest, shall be returned to the applicant, on a pro-rata basis, as each new customer makes application for service.</text> </paragraph> <paragraph num="B."> <text>Any portion of the deposit remaining unrefunded 10 years from the date the utility is first ready to render service from the extension will be retained by the utility and credited to an appropriate account.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Joint Construction."> <paragraph num="A."> <text>Each utility engaged in underground construction shall cooperate to the extent practicable in having information available for review by other utilities concerning applicants for new service.</text> </paragraph> <paragraph num="B."> <text>To the extent practicable, electric cables, communications cables, and gas pipes shall be installed in the same trench, due care being taken to conform to any applicable code and utility specifications.</text> </paragraph> <paragraph num="C."> <text>Upon timely application, a telephone company shall allow any person precluded from using overhead facilities as set forth in Regulation .06C of this chapter, joint use of its open trenches wherever reasonable and technically feasible in accordance with mutually agreeable terms and conditions.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".09" heading="Modification or Exemption."> <paragraph num="A."> <text>In unusual circumstances, when the application of these regulations appears impracticable or unjust to either party, or discriminatory to other customers, the utility or applicant may refer the matter to the Commission for modification of the regulations or for approval of special conditions before commencing construction.</text> </paragraph> <paragraph num="B."> <text>Requests to the Commission for exemption from the requirements for underground installation of a telephone distribution system or a service line shall be in writing and shall include the following:</text> <paragraph num="(1)"> <text>Description of the probable impact on the environment if the overhead line is constructed, including proposed overhead construction;</text> </paragraph> <paragraph num="(2)"> <text>Estimate of the installation cost of underground, by major elements;</text> </paragraph> <paragraph num="(3)"> <text>Number of customers to be served from the proposed system or line; and</text> </paragraph> <paragraph num="(4)"> <text>Property plat indicating the physical features, potential customers, and system or line layout (underground and overhead).</text> </paragraph> </paragraph> </regulation> <annotations> <annotation type="Authority">Public Utilities Article, §§2-121 and 5-101, and Title 12, Subtitle 1, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: June 5, 1968 (Order No. 57282)</annotation> <annotation type="History" subtype="Administrative History">Amended effective November 1, 1968 (Order No. 57413)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective September 1, 1971 (Order No. 59429)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective July 1, 1973 (Order No. 60316)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02A amended effective October 31, 1988 (15:22 Md. R. 2559)</annotation> <annotation type="History" subtype="Administrative History">Regulations .02D, E, .06C, and .08C adopted effective October 1, 1973 (Order No. 60391)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05A--C amended effective October 31, 1988 (15:22 Md. R. 2559)</annotation> </annotations> </chapter> <chapter num="05" heading="Repealed"> <annotations> <annotation type="History" subtype="Administrative History">Effective date: June 26, 1974 (Order No. 60838)</annotation> <annotation type="History" subtype="Administrative History">Chapter repealed effective July 4, 2005 (32:13 Md. R. 1116)</annotation> </annotations> </chapter> </subtitle> <subtitle num="90" heading="Taxicabs"> <chapter num="01" heading="Taxicab Drivers"> <regulation prefix="Regulation" num=".01" heading="Application for a License."> <paragraph num="A."> <text>An application for a taxicab driver's license shall be filed with the Public Service Commission at its offices in Baltimore in paper or electronic form. The application shall be on a form provided or prescribed by the Public Service Commission and all information required by the form shall be completed.</text> </paragraph> <paragraph num="B."> <text>Each applicant for a driver's license shall be fingerprinted.</text> </paragraph> <paragraph num="C."> <text>An application for a taxicab driver's license shall include two recent photographs, of a size which may be easily attached to the license, one of which shall be attached to the license when issued, the other shall be filed with the application in the Public Service Commission's office. The photographs may be taken by the Public Service Commission or provided by the applicant, as specified by the Public Service Commission.</text> </paragraph> <paragraph num="D."> <text>The Public Service Commission shall allow an applicant to submit an application electronically.</text> </paragraph> <paragraph num="E."> <text>An applicant for a taxicab driver’s license shall:</text> <paragraph num="(1)"> <text>Possess a valid driver’s license;</text> </paragraph> <paragraph num="(2)"> <text>Be at least 18 years of age; and</text> </paragraph> <paragraph num="(3)"> <text>Have at least 6 months of unrestricted licensed driving experience.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Issuance of a License."> <paragraph num="A."> <text>Upon satisfactory fulfillment of the requirements of these regulations, there shall be issued to the applicant a taxicab driver's license in such form as the Public Service Commission may direct and which shall at all times be in the driver's possession when operating a taxicab.</text> </paragraph> <paragraph num="B."> <text>A licensee who defaces, removes, or obliterates any official entry made upon the taxicab driver's license shall be punished by the suspension or revocation of the license.</text> </paragraph> <paragraph num="C."> <text>Taxicab driver's licenses shall be valid for not less than 1 year and not more than 3 years, as determined by the Public Service Commission.</text> </paragraph> <paragraph num="D."> <text>There shall be delivered to each licensed taxicab driver an identification license of such form and style as the Public Service Commission may prescribe, with the taxicab cab driver's license number on it. The license shall be constantly and conspicuously displayed when engaged in operating a taxicab.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Repealed." /> <regulation prefix="Regulation" num=".04" heading="Renewal of a License."> <text>The Public Service Commission may renew the taxicab driver's license by appropriate endorsement on it. A driver in applying for a renewal of a taxicab driver's license shall make the application on a form to be furnished by the Public Service Commission.</text> </regulation> <regulation prefix="Regulation" num=".05" heading="Records."> <text>The Public Service Commission shall keep a complete record of each license issued to a driver, and of all renewals, suspensions, and revocations of the license. The record shall be kept on file with the original application of the driver for a taxicab driver's license. Disclosure of records shall be in accordance with Public Utilities Article, §10-104.1, Annotated Code of Maryland.</text> </regulation> <regulation prefix="Regulation" num=".06" heading="Duties of the Licensee."> <paragraph num="A."> <text>A licensee, while operating a taxicab or assigned to operate a taxicab:</text> <paragraph num="(1)"> <text>Shall accept as passenger and convey where directed any orderly person, upon request, unless previously engaged or unable or forbidden by the provisions of these regulations or by other valid law or regulation to do so.</text> </paragraph> <paragraph num="(2)"> <text>Shall keep a current, written or electronic record of all trips on a manifest format approved by the Public Service Commission. The manifest shall be completed at or before reaching the destination of each trip.</text> </paragraph> <paragraph num="(3)"> <text>Shall proceed with passengers to their destination by the shortest practicable route.</text> </paragraph> <paragraph num="(4)"> <text>Shall give a receipt for fares on an authorized form or by electronic means when requested.</text> </paragraph> <paragraph num="(5)"> <text>May not operate a taxicab for more than 12 hours of any continuous 24 hour period.</text> </paragraph> <paragraph num="(6)"> <text>At all times, while on duty, shall have displayed in the interior of the taxicab, in the frame provided for it, the identification license.</text> </paragraph> <paragraph num="(7)"> <text>Shall charge only the rate of fare or charge established by law.</text> </paragraph> <paragraph num="(8)"> <text>Shall be responsible upon having been assigned to a taxicab to ascertain that the equipment in the cab is in good working order. A driver may not tamper with rate cards, the meter, meter light, cable, speedometer cable, or any other equipment required to be in the cab by law or that registers fares and charges.</text> </paragraph> <paragraph num="(9)"> <text>Shall permit representatives of the Public Service Commission, after proper identification, the right at any time to enter into or upon any taxicab for the purpose of ascertaining whether or not any of the Public Service Commission's regulations have been violated.</text> </paragraph> <paragraph num="(10)"> <text>Shall display appropriate courtesy and consideration at all times.</text> </paragraph> <paragraph num="(11)"> <text>May not use profane or abusive conduct or language.</text> </paragraph> <paragraph num="(12)"> <text>Shall accept payment in the form of cash, debit card, or credit card, according to the choice of the passenger, or by other means when contractually required.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The licensee:</text> <paragraph num="(1)"> <text>Shall report each change of residence within 72 hours to the Public Service Commission.</text> </paragraph> <paragraph num="(2)"> <text>Shall answer promptly all communications and summonses received from the Public Service Commission.</text> </paragraph> <paragraph num="(3)"> <text>When working on a commission basis, shall deliver all fares and all other legal charges received to the owner.</text> </paragraph> <paragraph num="(4)"> <text>May not operate a taxicab while the driver's taxicab or driver’s license is suspended or revoked.</text> </paragraph> <paragraph num="(5)"> <text>May not permit any other person to use the driver’s identification license.</text> </paragraph> <paragraph num="(6)"> <text>May not permit any other person to drive the taxicab and return the taxicab to the owner's garage upon completion of the shift to which the driver was assigned.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Denial of a License."> <paragraph num="A."> <text>Generally. When it appears that, by reason of the physical or mental condition of the applicant or by reason of a prior criminal record, the public convenience and necessity require an application for a license to be denied, the Public Service Commission shall refuse to issue the license. However, the applicant has the right to appeal from the refusal in the same manner as appeals may now be taken from other actions of the Public Service Commission.</text> </paragraph> <paragraph num="B."> <text>Physical or Mental Disability.</text> <paragraph num="(1)"> <text>An applicant may be denied a license, if he or she suffers from a serious physical or mental disability, including alcohol or drug related problems, which:</text> <paragraph num="(a)"> <text>Renders the applicant unfit for the safe operation of a taxicab; or</text> </paragraph> <paragraph num="(b)"> <text>Would otherwise jeopardize the public’s safety.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>The nature of any physical or mental disability, its relationship to the applicant's ability to drive a taxicab, and the severity of its occurrence shall be considered in determining the suitability of the applicant.</text> </paragraph> <paragraph num="(3)"> <text>Prior institutionalization for a physical or mental disability, including treatment for alcoholic or drug related problems, does not necessarily render an applicant unsuitable for a taxicab license.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Criminal Record.</text> <paragraph num="(1)"> <text>An applicant may be denied a license if he or she has been convicted of a crime which bears a direct relationship to the applicant's fitness to serve the public as a taxicab driver.</text> </paragraph> <paragraph num="(2)"> <text>The Public Service Commission shall consider the applicant's age at the time of commission of any crime, the circumstances surrounding the crime, the time which may have elapsed since a conviction and the nature of the crime and frequency of the crime.</text> </paragraph> <paragraph num="(3)"> <text>The rehabilitation record and parole record, if any, of the applicant shall be considered in determining the suitability of the applicant for operating a taxicab.</text> </paragraph> <paragraph num="(4)"> <text>An application may not be denied solely because the applicant is on parole or probation.</text> </paragraph> <paragraph num="(5)"> <text>Juvenile dispositions under Courts and Judicial Proceedings Article, Title 3, Subtitle 8, Annotated Code of Maryland, or its predecessors relating to the delinquency of minors, probations before or without verdict, offense reports, arrest records, nolle prosequi and stet processus may not be considered in determining the suitability of any application for a license. The applicant's record of criminal convictions may be considered in determining the suitability of an applicant for a license.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Hearings."> <paragraph num="A."> <text>License Hearing Officer.</text> <paragraph num="(1)"> <text>The position of license hearing officer is created and vested with the power to hold hearings involving violations of the Public Service Commission's regulations governing, among others, taxicab drivers of Public Service Commission authorized taxicabs and taxicab companies.</text> </paragraph> <paragraph num="(2)"> <text>After hearing, and upon final order issued, if a taxicab driver's license is suspended or revoked, or a civil penalty is imposed, the licensee has the right to seek judicial review of the final order in the same manner as judicial review may now be sought from other orders of the Public Service Commission.</text> </paragraph> <paragraph num="(3)"> <text>Copies of charges against taxicab drivers and related decisions of the license hearing officer and the Public Service Commission will be furnished to the taxicab owner.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Upon initial denial of a license, after administrative review, the applicant shall be informed by letter of the specific reasons for this denial, of his or her right to appeal the denial to the license hearing officer, of the manner in which the applicant may exercise this right, and of his or her right to legal representation. Accompanying, and in addition to, this letter, each applicant shall be sent a copy of the Public Service Commission's regulations.</text> </paragraph> <paragraph num="C."> <text>A denied applicant may request a hearing by writing to the Public Service Commission.</text> </paragraph> <paragraph num="D."> <text>Any party to a taxicab hearing shall have, in addition to any other rights to which he or she may be entitled by law, the right to:</text> <paragraph num="(1)"> <text>Summons witnesses, present evidence, and present argument;</text> </paragraph> <paragraph num="(2)"> <text>Conduct cross examination and submit rebuttal evidence; and</text> </paragraph> <paragraph num="(3)"> <text>Take depositions within or without the State, in accordance with the procedure provided by law or rule of court with respect to actions at law, subject to limitations imposed by the Public Service Commission to prevent undue delay.</text> </paragraph> </paragraph> <paragraph num="E."> <text>All admissible and relevant evidence, including records and documents in the possession of the Public Service Commission, shall be offered and made part of the record in any case. Other factual information or evidence, not part of the record, may not be considered by the Public Service Commission in the determination of the case. Prior to the hearing, the applicant or his representative shall be given an opportunity to inspect all pertinent records and documents, relating to the applicant or his record, in the possession of the Public Service Commission.</text> </paragraph> <paragraph num="F."> <text>If the applicant exercises the right to seek judicial review, a verbatim transcript of the hearing shall be made available to the applicant or his designated representative within 20 days after the hearing, upon payment of the cost of the transcript.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".09" heading="Temporary License."> <paragraph num="A."> <text>The Public Service Commission may issue a temporary license to an applicant.</text> </paragraph> <paragraph num="B."> <text>Provided an application for a taxicab driver’s license includes a background check in accordance with Public Utilities Article, §10-104.1, Annotated Code of Maryland, an applicant may operate a taxicab on a provisional basis until the Public Service Commission renders a decision on the application for a temporary license.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".10" heading="Prohibited Uses."> <paragraph num="A."> <text>Except as provided in COMAR 20.90.01.09B, it shall be unlawful for any person to solicit for transport, transport, or agree to transport any person or his or her baggage in any taxicab unless the operator of the vehicle is duly licensed by the Public Service Commission.</text> </paragraph> <paragraph num="B."> <text>It shall be unlawful for any person owning or in charge of any vehicle to permit the vehicle to be used in violation of these regulations.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".11" heading="Communications."> <paragraph num="A."> <text>Drivers of taxicabs shall be required to make maximum use of service communications with their operators or dispatchers in order to keep their cabs available for response to calls.</text> </paragraph> <paragraph num="B."> <text>Drivers of taxicabs may use electronic or other methods of service communication with operators or dispatchers, including through cellular connected smartphones, tablets, or computers.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".12" heading="Solicitation."> <paragraph num="A."> <text>A taxicab driver may not solicit patronage of persons assembled at the termini of any other common carrier, or at intermediate points along any established route of those carriers, when those persons have assembled for the purpose of using the service of those common carriers, and may not leave their taxicab for the purpose of soliciting patronage of persons arriving at the termini. The regulation is not intended to prohibit, or interfere with, response to any call for a taxicab made by telephone or by signal from a pedestrian.</text> </paragraph> <paragraph num="B."> <text>Taxicabs which are being operated in Baltimore City may transport passengers from Baltimore City into Baltimore County and may return for the same passengers. Passengers may not be solicited by these taxicabs within Baltimore County at any time.</text> </paragraph> <paragraph num="C."> <text>Nothing in this regulation shall impede the operation of taxicabs between Baltimore City and Baltimore-Washington Thurgood Marshall International Airport in the manner permitted by law.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".13" heading="Number of Passengers Permitted."> <text>A taxicab may not carry more than the maximum number of passengers specified by the vehicle manufacturer. More than one person may not occupy the front seat area with the driver.</text> </regulation> <regulation prefix="Regulation" num=".14" heading="Multiple Parties and Destinations."> <paragraph num="A."> <text>Taxicabs may be used to serve jointly from railroad stations or other public places of special assembly passengers or parties who are bound for the same, or approximately the same location, provided that a passenger or party who has engaged a taxicab may not be compelled to share the vehicle with others, if unwilling to do so. Drivers may not refuse service in order to effect more profitable grouping.</text> </paragraph> <paragraph num="B."> <text>When a taxicab is occupied by more than one passenger or party bound for different destinations, each passenger or party, as the case may be, shall be charged the fare recorded on the meter at the time of arrival at destination, except that a passenger or party may not be charged more than the fare applicable at the established rates for transportation over the shortest and most direct route.</text> </paragraph> <paragraph num="C."> <text>Solicitation of others while enroute to the destination of passengers or parties initially occupying the taxicab is prohibited.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".15" heading="Safety."> <paragraph num="A."> <text>A taxicab driver may not operate the taxicab recklessly, in an unsafe manner, or in disregard of the general public or local laws or municipal ordinances governing the operation of motor vehicles.</text> </paragraph> <paragraph num="B."> <text>When on duty, taxicab drivers are prohibited from using taxicabs for any purpose other than the rendition of maximum service to the public in conformity with the Public Service Commission’s regulations.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".16" heading="Driver Appearance."> <text>Taxicab drivers shall be clean and neatly dressed at all times while on duty.</text> </regulation> <regulation prefix="Regulation" num=".17" heading="Smoking by Driver."> <text>Taxicab drivers may not be permitted to smoke at any time in a taxicab.</text> </regulation> <regulation prefix="Regulation" num=".18" heading="Toll Charges."> <text>Highway or bridge toll charges shall be assessed only when a passenger elects to use a route where the charges occur.</text> </regulation> <regulation prefix="Regulation" num=".19" heading="Licensure — Driver Screening Standards."> <paragraph num="A."> <text>General. As used in this regulation, the terms “conviction” and “convicted of” include a finding of guilt in a criminal or motor vehicle proceeding, the entry of the plea of guilty or nolo contendere, a probation before judgment if the applicant has not yet completed the terms of the probation or if the applicant has been found to have violated the terms of probation, or has been found not criminally responsible pursuant to Maryland Rule 4-134. The terms of an applicant’s probation before judgment will be determined by referencing the sentencing and disposition date information contained in the background check or criminal history report provided with the application. Unless the background check or criminal history report indicates otherwise, there will be a presumption that the terms of the probation before judgment have been completed within the period indicated on the report and that the applicant has not violated the terms of the probation.</text> </paragraph> <paragraph num="B."> <text>Criminal Offenses.</text> <paragraph num="(1)"> <text>Tier 1 Felony Offenses involving a Crime of Violence. An individual may be denied a license for an indefinite period if the individual has been convicted of a crime of violence, as defined by Criminal Law Article, §14-101, Annotated Code of Maryland, including any conspiracy, solicitation, attempt, or accessory to such crime of violence. Crimes of violence include:</text> <paragraph num="(a)"> <text>Abduction;</text> </paragraph> <paragraph num="(b)"> <text>Arson in the first degree;</text> </paragraph> <paragraph num="(c)"> <text>Kidnapping;</text> </paragraph> <paragraph num="(d)"> <text>Manslaughter, except involuntary manslaughter;</text> </paragraph> <paragraph num="(e)"> <text>Mayhem;</text> </paragraph> <paragraph num="(f)"> <text>Maiming;</text> </paragraph> <paragraph num="(g)"> <text>Murder;</text> </paragraph> <paragraph num="(h)"> <text>Rape;</text> </paragraph> <paragraph num="(i)"> <text>Robbery, as defined by Criminal Law Article, §3-402 or 3-403, Annotated Code of Maryland, including robbery with a deadly weapon;</text> </paragraph> <paragraph num="(j)"> <text>Carjacking;</text> </paragraph> <paragraph num="(k)"> <text>Armed carjacking;</text> </paragraph> <paragraph num="(l)"> <text>Sexual offense in the first degree;</text> </paragraph> <paragraph num="(m)"> <text>Sexual offense in the second degree;</text> </paragraph> <paragraph num="(n)"> <text>Use of a handgun in the commission of a felony or other crime of violence;</text> </paragraph> <paragraph num="(o)"> <text>Child abuse in the first degree under Criminal Law Article, §3-601, Annotated Code of Maryland;</text> </paragraph> <paragraph num="(p)"> <text>Sexual abuse of a minor under Criminal Law Article, §3-602, Annotated Code of Maryland, if:</text> <paragraph num="(i)"> <text>The victim is under the age of 13 years and the offender is an adult at the time of the offense; and</text> </paragraph> <paragraph num="(ii)"> <text>The offense involved vaginal intercourse, as defined in Criminal Law Article, §3-301, Annotated Code of Maryland; a sexual act, as defined in Criminal Law Article, §3-301, Annotated Code of Maryland; an act in which a part of the offender’s body penetrates, however slightly, into the victim’s genital opening or anus; or the intentional touching, not through the clothing, of the victim’s or the offender’s genital, anal, or other intimate area for sexual arousal, gratification, or abuse;</text> </paragraph> </paragraph> <paragraph num="(q)"> <text>An attempt to commit any of the crimes as described in §B(1)(a)—(p) of this regulation;</text> </paragraph> <paragraph num="(r)"> <text>Continuing course of conduct with a child under Criminal Law Article, §3-315, Annotated Code of Maryland;</text> </paragraph> <paragraph num="(s)"> <text>Assault in the first degree;</text> </paragraph> <paragraph num="(t)"> <text>Assault with intent to murder;</text> </paragraph> <paragraph num="(u)"> <text>Assault with intent to rape;</text> </paragraph> <paragraph num="(v)"> <text>Assault with intent to rob;</text> </paragraph> <paragraph num="(w)"> <text>Assault with intent to commit a sexual offense in the first degree; and</text> </paragraph> <paragraph num="(x)"> <text>Assault with intent to commit a sexual offense in the second degree.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Tier 2 Felony Offenses Other than Tier 1 Crimes of Violence. An individual may be denied a license if, within the 7-year period prior to the date of submission of the application, the individual has been convicted of any felony offense that is not defined as a crime of violence under Criminal Law Article, §14-101, Annotated Code of Maryland. Tier 2 felony offenses include:</text> <paragraph num="(a)"> <text>Any felony offense against a person including any assault or assault and battery that is not defined as a Tier 1 crime of violence as described in §B(1) of this regulation, or any threat to commit such crime, or any violation of a restraining order;</text> </paragraph> <paragraph num="(b)"> <text>Any felony offense involving the illegal use or possession of weapons;</text> </paragraph> <paragraph num="(c)"> <text>Any felony offense involving the possession, importation, manufacture, distribution, or registration of a controlled dangerous substance, prescription drug, or other substance;</text> </paragraph> <paragraph num="(d)"> <text>Any felony offense involving the manufacture, sale, transport, or possession of explosives, or the intent to create an explosive device;</text> </paragraph> <paragraph num="(e)"> <text>Any felony offense involving criminal sexual assault that is not defined as a Tier 1 crime of violence as described in §B(1) of this regulation, any type of sexual abuse, solicitation, pandering, prostitution, pimping, obscenity, pornography, possession of obscene material, exploitation, public indecency, sexual relations within families, or sexual misconduct;</text> </paragraph> <paragraph num="(f)"> <text>Any felony property offenses that are not defined as a Tier 1 crime of violence as described in §B(1) of this regulation, including arson and burning, burglary and related crimes including home invasion, malicious destruction and related crimes, trespass, or crimes against a railroad;</text> </paragraph> <paragraph num="(g)"> <text>Any felony theft and related offenses; fraud and related offenses; offenses against public administration; offenses against public health, conduct, and sensibilities; indecency and obscenity; or gaming.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Misdemeanor Offenses — Crimes of Violence. Except for driving offenses as described in §B of this regulation, an individual may be denied a license if, within a 3-year period prior to the date of the submission of the application, the individual has been convicted of any crime classified as a misdemeanor in the state of Maryland that involves violence against a person, including any conspiracy, solicitation, attempt, or accessory to such crime of violence.</text> </paragraph> <paragraph num="(4)"> <text>Multiple Disqualifying Offenses. Individuals who have been convicted of multiple criminal offenses as described in §B(2) and (3) of this regulation shall be subject to the following exclusion periods.</text> <paragraph num="(a)"> <text>Two or more felonies offenses. An individual may be denied a license if, within 10 years prior to the date of submission of the application the individual has been convicted of two or more Tier 2 felony offenses as described in §B(2) of this regulation, provided these crimes arose out of separate incidents.</text> </paragraph> <paragraph num="(b)"> <text>Three or more misdemeanor crimes of violence. An individual may be denied a license if, within 7 years prior to the date of submission of the application, the individual has been convicted of three or more misdemeanors as described in §B(3) of this regulation, provided each of these offenses arose out of separate incidents.</text> </paragraph> </paragraph> </paragraph> <paragraph num="C."> <text>Driving Offenses.</text> <paragraph num="(1)"> <text>Major Traffic Offenses Involving Fatalities. An individual may be denied a license for an indefinite period if the individual has been convicted of a traffic violation involving the negligent or reckless operation of a motor vehicle that resulted in a fatality, including but not limited to crimes of motor vehicle manslaughter, homicide by motor vehicle, and negligent homicide.</text> </paragraph> <paragraph num="(2)"> <text>Major Traffic Offenses Involving Alcohol or Controlled Substances.</text> <paragraph num="(a)"> <text>An individual may be denied a license if, within the 7-year period prior to the date of submission of the application, the individual has been convicted of a single major traffic violation involving the operation of a motor vehicle while under the influence of alcohol or a controlled substance; violating an interlock or alcohol restriction, leaving the scene of an accident, fleeing or evading police or resisting arrest while operating a motor vehicle or driving a motor vehicle when, as a result of a violation involving the use of alcohol or a controlled substance, the individual’s license is revoked, suspended, or canceled.</text> </paragraph> <paragraph num="(b)"> <text>If, within 15 years prior to the date of submission of the application, an individual has been convicted of 2 or more major traffic violations as described in §C(2)(a) of this regulation, the individual may be denied a license.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Major Traffic Violations Not Related to Driving While Impaired by Alcohol or Controlled Substance.</text> <paragraph num="(a)"> <text>An individual may be denied a license if, within the 3-year period prior to the date of the application, the individual has been convicted of reckless or negligent driving, use of a text messaging device while driving or use of a handheld telephone while driving as described in the Maryland Transportation Article, §§21-1124.1 and 21-1124.2, Annotated Code of Maryland, if such use results in personal injury as noted on the applicant’s driving history report or Maryland Transportation Article, §21-1124.3, Annotated Code of Maryland, failure to stop for a police officer, speeding 31 MPH or more over the posted speed limit, street or drag racing, driving after the individual’s license has been withdrawn or revoked, driving with a counterfeit or altered license or making a material misrepresentation about a driving license or, as a result of the refusal of a chemical test, the individual’s license is revoked or suspended.</text> </paragraph> <paragraph num="(b)"> <text>An individual may be denied a license if, within the 5-year period prior to the date of the application, the individual has been convicted of two or more major traffic violations as described in §C(3) of this regulation.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>Multiple Moving Traffic Violations. An individual may be denied a license if, within the 4-year period prior to the date of the application, the individual has been convicted of four moving traffic violations.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Offenses in Other Jurisdictions. All criminal and driving offenses described in this regulation are to be construed as including all violations of Maryland law and like or substantially similar violations of the laws of another state, the United States, a military, territorial or Native American tribal authority, or any other jurisdiction.</text> </paragraph> <paragraph num="E."> <text>Additional Factors — Mitigating or Aggravating. The Commission may consider the following factors in determining whether to grant a license prior to the expiration of the restriction periods as described in this section:</text> <paragraph num="(1)"> <text>The applicant’s age at the time of the commission of any crime or traffic violation;</text> </paragraph> <paragraph num="(2)"> <text>The circumstances surrounding the crime or traffic violation;</text> </paragraph> <paragraph num="(3)"> <text>The time elapsed since conviction;</text> </paragraph> <paragraph num="(4)"> <text>The nature of the crime or traffic violation;</text> </paragraph> <paragraph num="(5)"> <text>The number and frequency of convictions for criminal offenses or traffic violations;</text> </paragraph> <paragraph num="(6)"> <text>Documented character references;</text> </paragraph> <paragraph num="(7)"> <text>Documented treatment and/or rehabilitation records;</text> </paragraph> <paragraph num="(8)"> <text>Favorable parole/probation records;</text> </paragraph> <paragraph num="(9)"> <text>Documentation of favorable employment records;</text> </paragraph> <paragraph num="(10)"> <text>Family situation;</text> </paragraph> <paragraph num="(11)"> <text>Restitution made or being made to victims of the crime;</text> </paragraph> <paragraph num="(12)"> <text>Conduct since conviction;</text> </paragraph> <paragraph num="(13)"> <text>The applicant’s overall driving record during the restriction period; and</text> </paragraph> <paragraph num="(14)"> <text>The length of time the applicant has held a driving privilege. If the individual has been incarcerated, the applicant’s driving record since release from incarceration.</text> </paragraph> </paragraph> <paragraph num="F."> <text>Open Charges in Pending Applications. The Commission may defer a decision on a pending application until any open Tier 1 or Tier 2 Criminal Offenses as described in §A of this regulation or major traffic violations as described in §B of this regulation are resolved.</text> </paragraph> <paragraph num="G."> <text>Sex Offender Registry. An individual may be denied a license for an indefinite period if the individual is listed on the national sex offender registry or the sex offender registry of any state.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Public Utilities Article, §§2-121, 4-503, 5-101, 10-101—10-107, 10-110, 10-202, 10-208, 10-209, and 10-210, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: March 1, 1972 (Order No. 59667)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended effective June 5, 2017 (44:11 Md. R. 525)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02 amended effective June 5, 2017 (44:11 Md. R. 525)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 repealed effective November 11, 1993 (20:22 Md. R. 1709)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04 amended effective June 5, 2017 (44:11 Md. R. 525)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05 amended effective June 5, 2017 (44:11 Md. R. 525)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06 amended effective September 28, 1992 (19:19 Md. R. 1713); June 5, 2017 (44:11 Md. R. 525)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07 amended effective June 5, 2017 (44:11 Md. R. 525)</annotation> <annotation type="History" subtype="Administrative History">Regulations .07B, C and .08B—F adopted effective August 5, 1974 (Order No. 60885)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08 amended effective June 5, 2017 (44:11 Md. R. 525)</annotation> <annotation type="History" subtype="Administrative History">Regulation .09 amended effective June 5, 2017 (44:11 Md. R. 525)</annotation> <annotation type="History" subtype="Administrative History">Regulation .10A amended effective June 5, 2017 (44:11 Md. R. 525)</annotation> <annotation type="History" subtype="Administrative History">Regulation .11 amended effective June 5, 2017 (44:11 Md. R. 525)</annotation> <annotation type="History" subtype="Administrative History">Regulation .12 amended effective February 22, 1980 (7:4 Md. R. 352)</annotation> <annotation type="History" subtype="Administrative History">Regulation .12B, C amended effective June 5, 2017 (44:11 Md. R. 525)</annotation> <annotation type="History" subtype="Administrative History">Regulation .13 amended effective June 5, 2017 (44:11 Md. R. 525)</annotation> <annotation type="History" subtype="Administrative History">Regulation .15 amended effective June 5, 2017 (44:11 Md. R. 525)</annotation> <annotation type="History" subtype="Administrative History">Regulation .16 amended effective June 5, 2017 (44:11 Md. R. 525)</annotation> <annotation type="History" subtype="Administrative History">Regulation .17 amended effective June 5, 2017 (44:11 Md. R. 525)</annotation> <annotation type="History" subtype="Administrative History">Regulation .19 adopted effective November 19, 1969 (Order No. 57900); amended November 15, 1977 (Order No. 62596)</annotation> <annotation type="History" subtype="Administrative History">Regulation .19 repealed effective September 2, 1991 (18:17 Md. R. 1921)</annotation> <annotation type="History" subtype="Administrative History">Regulation .19 adopted effective February 26, 2018 (45:4 Md. R. 207)</annotation> </annotations> </chapter> <chapter num="02" heading="Taxicabs — Control and Operation"> <regulation prefix="Regulation" num=".01" heading="Authority."> <text>The Public Utilities Article, Annotated Code of Maryland, provides that the Public Service Commission shall have the power to make such reasonable regulations as it deems necessary to carry out the provisions of this law and any other law relating to the Public Service Commission.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Applicability."> <text>These regulations apply to the operation of taxicabs authorized in accordance with Public Utilities Article, §10-202, Annotated Code of Maryland.</text> </regulation> <regulation prefix="Regulation" num=".03" heading="Saving Clause."> <text>The formulation of these regulations does not preclude the Public Service Commission from altering or amending them in whole or in part, or from requiring any other additional service, equipment, facility, or standard, either upon complaint or upon its own motion, or upon the application of a taxicab owner. Furthermore, these standards do not relieve an owner or operator of a taxicab from any of his duties under any orders of the Public Service Commission which are not in conflict with these regulations under the laws of this State.</text> </regulation> <regulation prefix="Regulation" num=".04" heading="Definitions."> <paragraph num="A."> <text>In this chapter, unless the language or context indicates that a different meaning is intended, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Allocated Space” is a three dimensional space that can accommodate a wheelchair or similar mobility aid.</text> </paragraph> <paragraph num="(2)"> <text>“Commission” means the Public Service Commission of Maryland.</text> </paragraph> <paragraph num="(3)"> <text>“Company” includes every corporation, association, partnership, group of individuals, or individual, owning, controlling, operating, or managing one or more taxicabs.</text> </paragraph> <paragraph num="(4)"> <text>Inspection Certificate.</text> <paragraph num="(a)"> <text>“Inspection certificate” means a numbered certificate issued in a form authorized by the Maryland State Police and issued by a facility licensed by the Maryland State Police to perform motor vehicle safety inspections, or issued by a facility licensed by an adjacent state or the District of Columbia to perform motor vehicle safety inspections and in a form acceptable to the licensing authority of the adjacent state or the District of Columbia, if the Commission determines or has previously determined that the vehicle inspection standards of that jurisdiction are materially the same as those adopted by the Maryland State Police.</text> </paragraph> <paragraph num="(b)"> <text>“Inspection certificate” does not include a vehicle inspection report or sticker.</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>“Model year” means the year which appears on the Vehicle Registration Certificate.</text> </paragraph> <paragraph num="(6)"> <text>“Operator” means a person engaged in driving a taxicab for which a permit has been issued.</text> </paragraph> <paragraph num="(7)"> <text>“Owner” means the individual, partnership, or company to whom a permit has been issued.</text> </paragraph> <paragraph num="(8)"> <text>“Permit” means a permit issued by the Public Service Commission of Maryland authorizing the operation of a motor vehicle as a taxicab subject to any requirements for operation contained in the permit and authorized by this chapter.</text> </paragraph> <paragraph num="(9)"> <text>“Stand” means any area or space designated for taxicab use by a public authority.</text> </paragraph> <paragraph num="(10)"> <text>“State” means the State of Maryland.</text> </paragraph> <paragraph num="(11)"> <text>Taxicab, Taxi, or Cab.</text> <paragraph num="(a)"> <text>“Taxicab”, “taxi”, or “cab” means a motor vehicle for hire, (other than a vehicle operated, with the approval of the Public Service Commission, between fixed termini on regular schedules) designed to carry seven persons or fewer, including the driver, used for the purpose of accepting or soliciting for transportation members of the public for hire between such points, along the public streets, as the passengers may direct.</text> </paragraph> <paragraph num="(b)"> <text>“Taxicab,” “taxi”, or “cab” includes a motor vehicle that is:</text> <paragraph num="(i)"> <text>Painted, identified, or lettered to resemble the distinctive color scheme or markings of a taxicab;</text> </paragraph> <paragraph num="(ii)"> <text>Equipped with a rooftop dome light;</text> </paragraph> <paragraph num="(iii)"> <text>Advertised as a taxicab service;</text> </paragraph> <paragraph num="(iv)"> <text>Dispatched to pick up a customer calling for a taxicab;</text> </paragraph> <paragraph num="(v)"> <text>Dispatched from a telephone number or other source identified or advertised as providing taxicab service;</text> </paragraph> <paragraph num="(vi)"> <text>Used to provide taxicab service to a customer through street hail or taxi stand; or</text> </paragraph> <paragraph num="(vii)"> <text>Equipped with a taximeter or other device the Public Service Commission approves for measuring the charges for service.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(12)"> <text>“Wheelchair accessible vehicle” means a taxicab compliant with the Americans with Disabilities Act (ADA) and the provisions of 49 CFR Part 38.1—38.39 and that is designed and intended to be used for the purpose of transporting persons who use wheelchairs or scooters.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Exemption Operation — Repealed." /> <regulation prefix="Regulation" num=".06" heading="Requirement of Permit."> <paragraph num="A."> <text>A taxicab may not be operated until a permit has been obtained from the Public Service Commission for the authorized jurisdiction in accordance with Public Utilities Article, §10-202, Annotated Code of Maryland.</text> </paragraph> <paragraph num="B."> <text>Permits may not be transferred without the consent of the Public Service Commission.</text> </paragraph> <paragraph num="C."> <text>A charge will not be made for the issuance of any permit.</text> </paragraph> <paragraph num="D."> <text>When the taxicab is on duty, the holder of a permit is required to operate the taxicab the permit identifies in such manner as to render maximum service to the public, in conformity with Commission regulations. A taxicab may not be kept idle while there is a demand for service.</text> </paragraph> <paragraph num="E."> <text>The holder of a taxicab permit that has not recorded a minimum of 12,000 miles of operation per calendar year may be required to show good cause for the apparent lack of usage, or be subject to revocation of the permit.</text> </paragraph> <paragraph num="F."> <text>A permit holder shall notify the Public Service Commission within 72 hours of any change of address.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Call Service."> <paragraph num="A."> <text>Drivers of taxicabs shall make maximum use of service communications with their operators or dispatchers in order to keep their cabs available for response to calls.</text> </paragraph> <paragraph num="B."> <text>Drivers of taxicabs may use electronic methods of service communication with operators or dispatchers, including through cellular connected smartphones, tablets, or computers.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Operating Associations."> <text>Every taxicab shall be operated as a unit of an effective operating group of sufficient number and equipped with communication facilities for rendering satisfactory call service, unless expressly exempted by the Public Service Commission. Owners of small fleets or single taxicabs shall operate as members of a satisfactory operating association and the association shall be equipped with adequate call facilities, so located as to serve all parts of the jurisdiction, as the case may be, and to make possible the effective direction and supervision of call service.</text> </regulation> <regulation prefix="Regulation" num=".09" heading="Prohibited Operations."> <paragraph num="A."> <text>An owner of a taxicab, driver, or other employee or agent, may not solicit patronage of persons assembled at the termini of any other common carrier, or at intermediate points along an established route of the carrier, when the persons have assembled for the purpose of using the service of the common carrier. This regulation is not intended to prohibit, or interfere with, response to any call for a taxicab made by telephone or by signal from a pedestrian.</text> </paragraph> <paragraph num="B."> <text>Taxicabs which are being operated in Baltimore County and other counties or political subdivisions outside of Baltimore City may transport passengers from those points into Baltimore City and may return for the same passengers. Passengers may not be solicited by these taxicabs within Baltimore City at any time.</text> </paragraph> <paragraph num="C."> <text>Taxicabs which are being operated in Baltimore City may transport passengers from Baltimore City into Baltimore County and may return for the same passengers. Passengers may not be solicited by these taxicabs within Baltimore County at any time.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".10" heading="Posting Schedule of Fares and Consumer Rights."> <paragraph num="A."> <text>The authorized schedule of fares shall be printed and posted in each taxicab in such manner that passengers can readily determine the exact rate of fare payable by them. It shall be unlawful to collect any fare other than that appearing on, and determinable from, the schedule. Every driver, when requested by the passenger, shall give a receipt in paper form or by electronic means.</text> </paragraph> <paragraph num="B."> <text>An electronic receipt shall show:</text> <paragraph num="(1)"> <text>The operator's name;</text> </paragraph> <paragraph num="(2)"> <text>The time and place of beginning and of termination of the trip;</text> </paragraph> <paragraph num="(3)"> <text>The total time of the trip;</text> </paragraph> <paragraph num="(4)"> <text>The amount of fare charged, including an explanation of any additional charges;</text> </paragraph> <paragraph num="(5)"> <text>The driver’s Public Service Commission license number;</text> </paragraph> <paragraph num="(6)"> <text>The company name; and</text> </paragraph> <paragraph num="(7)"> <text>A customer support telephone number and an email address or hyperlink or both, for passenger inquiries, as well as instructions for filing a complaint with the Public Service Commission.</text> </paragraph> </paragraph> <paragraph num="C."> <text>The Consumer Bill of Rights shall:</text> <paragraph num="(1)"> <text>Be conspicuously displayed in the rear area of the taxicab;</text> </paragraph> <paragraph num="(2)"> <text>Be posted in an accessible format on the taxicab association’s website and on any electronic media that the taxicab association maintains; and</text> </paragraph> <paragraph num="(3)"> <text>Be provided by the taxicab association in Braille or in large print upon customer request.</text> </paragraph> </paragraph> <paragraph num="D."> <text>The taxicab association website shall state that the Consumer Bill of Rights will be provided in Braille and large print upon request.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".11" heading="Change of Rates."> <text>Statutory notice of 30 days shall be given of any intended change of rates or fares. A change may not become effective on less than the statutory notice except by special order of the Public Service Commission.</text> </regulation> <regulation prefix="Regulation" num=".12" heading="Records and Reports."> <paragraph num="A."> <text>Daily Records. Daily records, including a record of telephone calls, shall be kept by an operating company or association in such form as to facilitate the preparation of the reports required by the Public Service Commission and to insure their accuracy. These daily records shall be preserved and be available for examination by the Public Service Commission for a period of 1 year from the dates of filing of the annual reports.</text> </paragraph> <paragraph num="B."> <text>Drivers' Manifests. The driver of each taxicab shall keep a paper or electronic manifest upon which the driver shall enter for each engagement, immediately upon its completion, the points of origin and destination, the times of beginning and completion of the job, the fare collected, and the number of passengers transported. All entries shall be made legibly, and the manifest shall be signed by the driver. The manifest form shall be approved by the Public Service Commission. Drivers’ manifests shall be preserved for a minimum of 1 year.</text> </paragraph> <paragraph num="C."> <text>Reports. All taxicab owners shall file an annual report with the Public Service Commission showing the revenue and expenses for the year and the property owned, together with certain other information as set out on forms which will be supplied by the Public Service Commission. This report will be required for each calendar year and shall be filed with the Public Service Commission not later than April 30 following the year for which the report is made.</text> </paragraph> <paragraph num="D."> <text>When a number of individual owners are banded together in an operating association, the individual records shall be kept by, and adequately supervised by, the association, and, in addition to the annual report required of each individual member, there shall be submitted by the association a consolidated report showing the result of the combined operations of all taxicabs operated under the name of the association. The provisions of this regulation may not relieve the owner of full responsibility for the accuracy of reports made by, or supervised by, the association.</text> </paragraph> <paragraph num="E."> <text>All taxicab owners shall report in writing or electronically, to the Public Service Commission, any accident involving a taxicab that results in a fatality. The report may not be admissible as evidence, or used for any purpose against the company submitting it, in any action for damages arising out of any matter mentioned in the notice.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".13" heading="Application for Permits."> <text>All applications for permits shall be made upon forms provided by the Public Service Commission, and shall be signed by the applicant, who shall certify in his application that he agrees to comply with its provisions. When processing a new application, the applicant shall be given a copy of these regulations.</text> </regulation> <regulation prefix="Regulation" num=".14" heading="Permit Card — Repealed." /> <regulation prefix="Regulation" num=".15" heading="Revocation or Suspension of Permit."> <paragraph num="A."> <text>The violation of any of these regulations shall be sufficient cause for the revocation or suspension of a permit.</text> </paragraph> <paragraph num="B."> <text>If the grantee or grantees of a permit fail to keep the required insurance or bond in force, the Public Service Commission will revoke the permit.</text> </paragraph> <paragraph num="C."> <text>Except as otherwise stated, a permit may not be revoked or suspended until after investigation and a hearing, upon not less than 5 days' notice to the grantee or grantees of the permit. Notice of the hearing shall be in writing and shall be served upon the grantee, or upon one of the grantees if there is more than one, or upon the proper agent for service if the grantee is a corporation. The notice may be sent by mail to the address given in the application for permit, or to a more recent changed address on file with the Public Service Commission. The mailing shall be as effective and binding as personal service. Whenever notice is given by mail, as provided in these regulations, the date of mailing shall be considered as the time when notice is served.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".16" heading="Taxicabs and Equipment."> <paragraph num="A."> <text>Identification of Taxicab.</text> <paragraph num="(1)"> <text>Every company, partnership, association, or individual operating one or more taxicabs under permits issued by the Public Service Commission may have the full name of the owner of each taxicab for which a permit has been issued, permanently painted on one door on each side of the taxicab in letters at least 2-1/2 inches high. The word “Taxicab”, “Taxi”, or “Cab” shall also appear conspicuously on the vehicle. Every company, partnership, association, or individual operating five or more taxicabs under permits issued by the Public Service Commission may adopt and employ a distinctive color scheme or insignia which shall be approved by and registered with the Public Service Commission. An owner of a taxicab may not paint the vehicle or vehicles to so closely resemble the distinctive color scheme or insignia of other taxicabs as to mislead the public as to the identity of the owner.</text> </paragraph> <paragraph num="(2)"> <text>The number by which a taxicab is identified shall also be prominently displayed both inside and outside in numerals at least 4 inches high and color contrasted so as to be readable.</text> </paragraph> <paragraph num="(3)"> <text>The number by which a taxicab is identified shall also be displayed inside written in Braille and embossed print, and placed in a location accessible to the passenger. The Braille shall conform to the size and spacing standards issued by the National Library Service for the Blind and Physically Handicapped, Library of Congress.</text> </paragraph> <paragraph num="(4)"> <text>It shall be the obligation of an owner when withdrawing a taxicab from service to obliterate all markings identifying the vehicle as a taxicab.</text> </paragraph> <paragraph num="(5)"> <text>In a contrasting color, every wheelchair accessible vehicle used for the transportation of wheelchair users shall display the international symbol of accessibility in a clearly visible position on the rear of the vehicle and on the front of the vehicle in a position other than on the windshield.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Type of Vehicle to Be Used. Every vehicle used as a taxicab, for which a permit is issued or renewed, shall be a van or four door vehicle type, approved by the Public Service Commission.</text> </paragraph> <paragraph num="C."> <text>Physical and Mechanical Condition. All taxicabs operating under the Public Service Commission's permits shall at all times be kept in proper physical and mechanical condition to render safe, adequate, and convenient public service in accordance with Maryland Law. Failure to keep a taxicab in proper condition shall be sufficient ground for the revocation or suspension of the permit.</text> </paragraph> <paragraph num="D."> <text>Vehicle Replacements. A motor vehicle that is more than 12 model years old may not be used as a taxicab.</text> </paragraph> <paragraph num="E."> <text>Permissible and Prohibited Equipment.</text> <paragraph num="(1)"> <text>Permissible Equipment. The following equipment may be installed in or on a taxicab:</text> <paragraph num="(a)"> <text>Two-way communication radios used between dispatchers employed by the companies or operating associations to service their radio systems and drivers; and</text> </paragraph> <paragraph num="(b)"> <text>Smart phones, tablets, computers, or other electronic devices used for taximeter, dispatch, payment, or navigation functions in accordance with Maryland law.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Prohibited Equipment. The following equipment may not be installed in or on taxicabs:</text> <paragraph num="(a)"> <text>All other two-way communication devices not otherwise permitted;</text> </paragraph> <paragraph num="(b)"> <text>All other one-way communication devices not otherwise permitted, such as radio contact signal (“beepers”);</text> </paragraph> <paragraph num="(c)"> <text>Commercial advertising, except as permitted by the Public Service Commission; and</text> </paragraph> <paragraph num="(d)"> <text>All other equipment, not otherwise permitted, which, in the opinion of the Public Service Commission, is not reasonably useful in the furnishing of safe, adequate, and convenient taxicab service.</text> </paragraph> </paragraph> </paragraph> <paragraph num="F."> <text>Lights. In addition to the outside lights prescribed by law, every taxicab operating under permit issued by the Public Service Commission shall be equipped with a dome light within the passenger compartment of the vehicle, capable of being lighted or extinguished by the passenger or controlled by operation of the doors.</text> </paragraph> <paragraph num="G."> <text>Taximeter.</text> <paragraph num="(1)"> <text>This section does not apply to a taxicab operating in the City of Hagerstown.</text> </paragraph> <paragraph num="(2)"> <text>General Requirements.</text> <paragraph num="(a)"> <text>All taxicabs operating under permit issued by the Public Service Commission shall be equipped with a taximeter of a make and design satisfactory to the Public Service Commission.</text> </paragraph> <paragraph num="(b)"> <text>All taxicabs shall be equipped with meters with the capability to:</text> <paragraph num="(i)"> <text>Compile extractable operating statistics;</text> </paragraph> <paragraph num="(ii)"> <text>Post flat fares and extras including a per-mile surcharge for travel outside of a taxicab’s jurisdiction, a flat rate night surcharge, and a baggage fee;</text> </paragraph> <paragraph num="(iii)"> <text>For operators in Baltimore City, post the Baltimore City for-hire passenger tax in the fare;</text> </paragraph> <paragraph num="(iv)"> <text>Print passenger receipts;</text> </paragraph> <paragraph num="(v)"> <text>Print the stored operating statistics in aggregate; and</text> </paragraph> <paragraph num="(vi)"> <text>Accept credit and debit cards with a rear-seat accessible payment center.</text> </paragraph> </paragraph> <paragraph num="(c)"> <text>A taximeter may be:</text> <paragraph num="(i)"> <text>A mechanical or digital device that calculates distances traveled by a physical connection to the transmission or speedometer cable of a taxicab; or</text> </paragraph> <paragraph num="(ii)"> <text>Another device the Public Service Commission approves for measuring the charges for service.</text> </paragraph> </paragraph> <paragraph num="(d)"> <text>A person may not operate a taxicab, or permit one to be operated, unless the taximeter has been first inspected, tested, and approved by a representative of the Public Service Commission.</text> </paragraph> <paragraph num="(e)"> <text>A person may not operate, or permit to be operated, a taxicab equipped with a taximeter not having its case sealed and the cover and gear intact, or without another device the Public Service Commission approves for measuring the charges for service, and which has received Public Service Commission certification of calibration.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Periodic tests of taximeters will be made by representatives of the Public Service Commission. The interval between tests may not exceed 12 months, unless exceptional circumstances, in the discretion of the Public Service Commission, require variation from that interval. A meter with an error in registration not exceeding 3 percent will be considered correct.</text> </paragraph> <paragraph num="(4)"> <text>Except as otherwise specified, the requirements for approval, and methods of testing, of taximeters shall conform to “Specifications and Tolerances of Taximeters” as set out in the National Bureau of Standards Handbook.</text> </paragraph> <paragraph num="(5)"> <text>Multiple tariff meters may not be used.</text> </paragraph> <paragraph num="(6)"> <text>Calculation of Distance.</text> <paragraph num="(a)"> <text>Except as provided in §G(5)(b) and (c) of this regulation, a taximeter shall be mounted and connected to the transmission or speedometer cable of a taxicab in an approved manner.</text> </paragraph> <paragraph num="(b)"> <text>Another device approved by the Public Service Commission to measure charges for service may not be required to mount or connect the taximeter to the transmission or speedometer cable of the taxicab.</text> </paragraph> <paragraph num="(c)"> <text>The Public Service Commission may authorize a flat rate fare between specified locations that is not calculated by a taximeter.</text> </paragraph> </paragraph> </paragraph> <paragraph num="H."> <text>Sanitary Condition. Every taxicab shall be kept in a clean and sanitary condition at all times.</text> </paragraph> <paragraph num="I."> <text>Safety Recalls and Self-Certification.</text> <paragraph num="(1)"> <text>After July 1, 2022, an owner, upon application for a taxicab permit and annually thereafter, shall self-certify the vehicle is not subject to any open safety recalls issued by a vehicle manufacturer and posted online by the National Highway Traffic Safety Administration (NHTSA) under 49 U.S.C. §30118.</text> </paragraph> <paragraph num="(2)"> <text>Upon self-certification, the owner may not operate or permit the operation of a taxicab for hire with any open vehicle safety recalls as of the date of self-certification, except if, due to the unavailability of parts to comply with the manufacturer’s safety recall, the owner cannot comply with the recall.</text> </paragraph> <paragraph num="(3)"> <text>Any recall that qualifies for this exemption shall be remedied as soon as practicable, after parts become available, and not to exceed 90 days from the availability of the parts.</text> </paragraph> <paragraph num="(4)"> <text>Self certification for vehicle safety recall compliance, in a form approved by the Commission, is the responsibility of the owner.</text> </paragraph> </paragraph> <paragraph num="J."> <text>Inspection.</text> <paragraph num="(1)"> <text>At the discretion of the Public Service Commission, an owner of a motor vehicle shall present the motor vehicle for inspection by a Commission representative.</text> </paragraph> <paragraph num="(2)"> <text>Upon presenting proper identification, the Public Service Commission or its representative may enter a motor vehicle for the purpose of inspecting the vehicle, vehicle equipment, or records of the carrier.</text> </paragraph> <paragraph num="(3)"> <text>A representative of the Public Service Commission, after inspection and a determination that a motor vehicle does not comply with the requirements of this chapter, may require:</text> <paragraph num="(a)"> <text>The repair or replacement of the motor vehicle;</text> </paragraph> <paragraph num="(b)"> <text>That the motor vehicle be removed from service pending the repair or replacement; or</text> </paragraph> <paragraph num="(c)"> <text>That an owner of a taxicab, which has been removed from service for repair, provide evidence of the repair.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>The Public Service Commission may require an owner of a taxicab to provide an inspection certificate from a facility licensed by the State to perform motor vehicle inspections.</text> </paragraph> </paragraph> <paragraph num="K."> <text>Partition.</text> <paragraph num="(1)"> <text>A Baltimore City taxicab may be equipped with an approved partition separating the driver from the backseat passenger compartment, or an approved video monitoring system.</text> </paragraph> <paragraph num="(2)"> <text>The partition shall be transparent and constructed of material approved by the Public Service Commission.</text> </paragraph> </paragraph> <paragraph num="L."> <text>Wheelchair Accessible Vehicle.</text> <paragraph num="(1)"> <text>Every wheelchair accessible vehicle used for the transportation of wheelchair users shall be equipped with wheelchair, scooter, or other mobility aid securement devices that limit the forward, backward, rotational, lateral, and vertical motion of every wheelchair in the vehicle at the points of contact of the wheelchair with the vehicle while the vehicle is in normal operation.</text> </paragraph> <paragraph num="(2)"> <text>For the purpose of §L(1) of this regulation, normal operation includes full throttle acceleration and maximum braking and cornering.</text> </paragraph> <paragraph num="(3)"> <text>Every wheelchair, scooter or other mobility aid securement device in a wheelchair accessible vehicle shall:</text> <paragraph num="(a)"> <text>Be securely anchored to the vehicle;</text> </paragraph> <paragraph num="(b)"> <text>Include retractable, self-tensioning belts and straps; and</text> </paragraph> <paragraph num="(c)"> <text>Be capable of withstanding a load in any direction of not less than 2,500 pounds for a period of 10 seconds.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>Where more than one wheelchair securement device is used to secure a wheelchair in an accessible vehicle, §L(3)(b) of this regulation applies to the combination of devices used and not to each single device.</text> </paragraph> <paragraph num="(5)"> <text>Every designated wheelchair position in a wheelchair accessible vehicle shall be equipped with an occupant restraint assembly:</text> <paragraph num="(a)"> <text>Securely anchored to the vehicle; or</text> </paragraph> <paragraph num="(b)"> <text>Capable of securing a wheelchair occupant to the wheelchair by encircling both the occupant and wheelchair.</text> </paragraph> </paragraph> <paragraph num="(6)"> <text>The slope of an external boarding ramp may not exceed:</text> <paragraph num="(a)"> <text>1 in 14 for unassisted access;</text> </paragraph> <paragraph num="(b)"> <text>1 in 8 for unassisted access where the ramp length is less than 1520 mm/60 inches; and</text> </paragraph> <paragraph num="(c)"> <text>1 in 4 for assisted access.</text> </paragraph> </paragraph> <paragraph num="(7)"> <text>External boarding ramp flooring shall have an anti-skid surface having a static coefficient of friction on wet and dry ramp surfaces not less than 0.5.</text> </paragraph> <paragraph num="(8)"> <text>An external boarding ramp shall operate in all weather conditions.</text> </paragraph> <paragraph num="(9)"> <text>External boarding ramp side barriers shall automatically swing up to prevent wheelchair run-off during use.</text> </paragraph> <paragraph num="(10)"> <text>An external boarding ramp shall provide white center stripe for wheelchair guidance.</text> </paragraph> <paragraph num="(11)"> <text>External boarding ramps shall also be secured by means other than a support or lug in the door while the vehicle is operated on a highway.</text> </paragraph> <paragraph num="(12)"> <text>Every power lift used on a wheelchair accessible vehicle shall:</text> <paragraph num="(a)"> <text>Have a skid resistant platform surface;</text> </paragraph> <paragraph num="(b)"> <text>Have the sides of the platform fitted with guards extending the full length on each side and of sufficient height to prevent a wheelchair from rolling off the platform during vertical operation of the lift;</text> </paragraph> <paragraph num="(c)"> <text>Have a retractable lip on the outer edge of the platform of sufficient height to prevent a wheelchair from rolling off the platform during vertical operation of the lift;</text> </paragraph> <paragraph num="(d)"> <text>Be secured by means other than a support or lug in the door while the vehicle is operated on a highway;</text> </paragraph> <paragraph num="(e)"> <text>Be capable of raising and lowering a minimum weight of 606 pounds;</text> </paragraph> <paragraph num="(f)"> <text>Shall include a handrail on the lift;</text> </paragraph> <paragraph num="(g)"> <text>Shall include a manual backup pump that shall be incorporated with the lift;</text> </paragraph> <paragraph num="(h)"> <text>Shall incorporate an electrical automatic circuit breaker to isolate the hoist electrical system from the vehicle's electrical system to reduce the likelihood of fire; and</text> </paragraph> <paragraph num="(i)"> <text>Where hoist controls are mounted inside the accessible vehicle in a position accessible to the passenger system, shall incorporate an isolation switch to avoid inadvertent operation of the hoist.</text> </paragraph> </paragraph> <paragraph num="(13)"> <text>A boarding device shall be able to support a total weight of up to 660 pounds at mid-span and be clearly labeled with the maximum load that it can carry, both on the boarding device and next to the accessible entrance on the outside of the conveyance.</text> </paragraph> <paragraph num="(14)"> <text>The minimum allocated space for a single wheelchair or similar mobility aid shall be 800 mm/31.5 inches by 1300 mm/51.2 inches.</text> </paragraph> <paragraph num="(15)"> <text>At least one allocated space shall be provided in each wheelchair accessible vehicle.</text> </paragraph> <paragraph num="(16)"> <text>The minimum head room in an allocated space shall be 1500 mm/59 inches.</text> </paragraph> <paragraph num="(17)"> <text>Automatic or Power-Assisted Doors.</text> <paragraph num="(a)"> <text>Doors may be fully automatic.</text> </paragraph> <paragraph num="(b)"> <text>Power-assisted doors may not require passengers to grip or twist controls in order to operate opening devices.</text> </paragraph> <paragraph num="(c)"> <text>Operators may provide equivalent access to conveyances by opening manual doors for people with disabilities.</text> </paragraph> </paragraph> <paragraph num="(18)"> <text>The passenger access and seating area:</text> <paragraph num="(a)"> <text>Shall be equipped with an interior mirror designed to provide the driver with a view of the passengers;</text> </paragraph> <paragraph num="(b)"> <text>Shall be equipped with lights arranged to illuminate all of the interior of the vehicle that shall be constantly lit during the loading or unloading of passengers;</text> </paragraph> <paragraph num="(c)"> <text>Shall be equipped with a light above or beside each passenger access door to illuminate the loading equipment or step nosings, as the case may be, and such lights shall be constantly lit during the loading or unloading of passengers;</text> </paragraph> <paragraph num="(d)"> <text>Shall be equipped with a means of securing in the open position each passenger access door that could be subject to unintentional closing during the loading or unloading of passengers;</text> </paragraph> <paragraph num="(e)"> <text>Shall have an interior that is free of any sharp projections that may constitute a hazard to passengers and is free of any item, object, or otherwise (i.e., spare tires, folded seats) that protrudes into the interior space;</text> </paragraph> <paragraph num="(f)"> <text>Shall have mats permanently bonded to the floor, in the aisle and on the steps;</text> </paragraph> <paragraph num="(g)"> <text>Shall have yellow or white step nosings;</text> </paragraph> <paragraph num="(h)"> <text>Shall have the capability to transfer a reduced mobility rider from the curb to the taxicab (i.e., via a turn-out seat);</text> </paragraph> <paragraph num="(i)"> <text>Shall provide strategic placement of bright yellow easy-to-grab handrails and stanchions to assist limited mobility riders;</text> </paragraph> <paragraph num="(j)"> <text>Shall provide nonslip floor covering;</text> </paragraph> <paragraph num="(k)"> <text>Shall provide clearly marked seat edges;</text> </paragraph> <paragraph num="(l)"> <text>Shall provide contrasting delineation of any gap for passing money through a screen, if applicable;</text> </paragraph> <paragraph num="(m)"> <text>Shall provide strong illumination of roof sign with clear indication of wheelchair accessibility;</text> </paragraph> <paragraph num="(n)"> <text>Shall have the capacity to allow access to, and to carry, at least one person using a wheelchair, scooter, or other large (ride-on) mobility aid within its allocated passenger space; and</text> </paragraph> <paragraph num="(o)"> <text>Shall have provision for the rapid release of each wheelchair or other mobility aid and its occupant in the case of an accident or emergency.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".17" heading="Operation of Taxicabs."> <paragraph num="A."> <text>Number of Passengers. A taxicab may not carry more than the maximum number of passengers specified by the vehicle manufacturer. More than one person may not occupy the front seat area with the operator.</text> </paragraph> <paragraph num="B."> <text>Group Riding.</text> <paragraph num="(1)"> <text>Cabs may be used to serve jointly from railroad stations or other public places of special assembly not more than four passengers who are bound for the same, or approximately the same, location, provided that a passenger who has engaged a cab may not be compelled to share the vehicle with others if unwilling to do so. Drivers may not refuse service in order to effect more profitable grouping.</text> </paragraph> <paragraph num="(2)"> <text>When a cab is occupied by more than one passenger bound for different destinations, each passenger or party, as the case may be, shall be charged the fare recorded on the meter at the time of arrival at his destination except that a party or individual passenger may not be charged more than the fare applicable at the established rates for transportation over the shortest and most direct route. Solicitation of others while en route to the destination of passengers or parties initially occupying the cab is prohibited.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Reckless or Unsafe Operation.</text> <paragraph num="(1)"> <text>The driver of a taxicab may not operate it recklessly, in an unsafe manner, or in disregard of the public general or local laws or municipal ordinances governing the operation of motor vehicles.</text> </paragraph> <paragraph num="(2)"> <text>Placards or other obstructions may not be attached to any windshield or windows in violation of Maryland law.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".18" heading="Operators."> <paragraph num="A."> <text>Operator to Be Owner or Driver. A taxicab operating under a permit of the Public Service Commission may not be operated except by the owner or a driver responsible to the owner.</text> </paragraph> <paragraph num="B."> <text>Identification of Operator.</text> <paragraph num="(1)"> <text>The operator of a taxicab shall be identified by a card displayed in full view of the passenger or passengers, bearing the operator's photograph and his name in letters of sufficient size to be easily read.</text> </paragraph> <paragraph num="(2)"> <text>Operators shall be clean and neatly dressed at all times while on duty.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Qualifications of Operator. A taxicab may not be driven by a person who has not been duly licensed by the Department of Motor Vehicles, the Public Service Commission or, where applicable, a county or local government.</text> </paragraph> <paragraph num="D."> <text>Smoking Prohibited. Drivers may not smoke at any time in a taxicab.</text> </paragraph> <paragraph num="E."> <text>Toll Charges. Toll charges shall be assessed only when a passenger elects to use a route where the toll charges occur.</text> </paragraph> <paragraph num="F."> <text>Conduct.</text> <paragraph num="(1)"> <text>An operator shall display appropriate courtesy and consideration.</text> </paragraph> <paragraph num="(2)"> <text>An operator may not use profane or abusive conduct or language.</text> </paragraph> </paragraph> <paragraph num="G."> <text>Operator of a Wheelchair Accessible Vehicle.</text> <paragraph num="(1)"> <text>All drivers shall be trained in their local disability-law-compliance responsibilities.</text> </paragraph> <paragraph num="(2)"> <text>All drivers of the wheelchair accessible vehicle shall be trained in the safe use and operation of that accessible vehicle.</text> </paragraph> <paragraph num="(3)"> <text>Drivers shall complete an accessibility training program satisfactory to the Public Service Commission, including boarding and deboarding protocols and disability awareness and etiquette.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".19" heading="Insurance or Bond."> <paragraph num="A."> <text>Liability Insurance.</text> <paragraph num="(1)"> <text>If the owner of a taxicab or taxicabs elects to use liability insurance as authorized under Public Utilities Article, §10-207, Annotated Code of Maryland, the minimum insurance coverage for each accident is either:</text> <paragraph num="(a)"> <text>All of the following:</text> <paragraph num="(i)"> <text>$30,000 for injury to any one person;</text> </paragraph> <paragraph num="(ii)"> <text>$60,000 for injury to two or more persons; and</text> </paragraph> <paragraph num="(iii)"> <text>$15,000 for property damage; or</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>$75,000 combined single limit.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>The term of the insurance coverage under §A(1) of this regulation is 6 months or more.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Bond in Lieu of Insurance.</text> <paragraph num="(1)"> <text>If the owner of a taxicab or taxicabs elects to use a bond as authorized under Public Utilities Article, §10-207, Annotated Code of Maryland, the amount of the bond is as set out in the following table:</text> </paragraph> <paragraph num="(2)"> <text>The bonding company shall guarantee the prompt payment by the taxicab owner of indemnities for personal injuries or for property damage resulting from any accident due to the negligence of the owner or the driver of the covered vehicle, to the extent of the damages sustained, but not to exceed, for any one accident involving any taxicab:</text> <paragraph num="(a)"> <text>$30,000 for injury to any one person;</text> </paragraph> <paragraph num="(b)"> <text>$60,000 for injury to two or more persons; and</text> </paragraph> <paragraph num="(c)"> <text>$15,000 for property damage.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>The Public Service Commission shall be shown as a certificate holder on the liability insurance policy, self-insurance certificate, security, or bond.</text> </paragraph> <paragraph num="(4)"> <text>The penalty of the security or bond may not be exhausted by successive recoveries but shall remain unimpaired until the security or bond shall be canceled after statutory notice to the Public Service Commission or by action of the Public Service Commission.</text> </paragraph> <paragraph num="(5)"> <text>If the self-insurance policy, security, or bond is canceled or the taxicab operation terminated or interrupted at any time, the security or bonding company shall proceed to make settlement of all then outstanding indemnity claims, in conformity with the limitations of §B(2), of this regulation, except that the aggregate amount of the settlements may not exceed the penal sum of the bond.</text> </paragraph> <paragraph num="(6)"> <text>Compliance with Public Utilities Article, §10-207, Annotated Code of Maryland, as to insurance shall be evidenced by depositing with the Public Service Commission the insurance policy, or a certificate from the insurance company signed by an authorized agent, that the policy has been issued, specifying the terms of the policy, description of the taxicab, and name of the assured.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Notice of Cancellation. Written cancellation or revocation of an insurance policy, self-insurance certificate, security, or bond shall be submitted to the Public Service Commission 45 days before an insurance policy, self-insurance certificate, security, or bond may be canceled as required under Public Utilities Article, §10-207, Annotated Code of Maryland. Cancellation or revocation of an insurance policy or bond issued by the Maryland Automobile Insurance Fund shall be submitted to the Public Service Commission 30 days before an insurance policy or bond issued by the Maryland Automobile Insurance Fund may be canceled as required under Public Utilities Article, §10-207, Annotated Code of Maryland.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".20" heading="Vault or Safe Requirement — Repealed." /> <regulation prefix="Regulation" num=".21" heading="Violations and Penalties."> <paragraph num="A."> <text>Violations.</text> <paragraph num="(1)"> <text>An owner or operator of a motor vehicle who neglectfully or with prior knowledge causes or permits the violation of Public Utilities Article, Annotated Code of Maryland, or this chapter, may be guilty of a violation and subject to a civil penalty under this regulation as fully as though the owner was operating the motor vehicle personally at the time.</text> </paragraph> <paragraph num="(2)"> <text>In the case of a corporation, an officer, agent, or employee who violates, procures, aids, or abets any violation of Public Utilities Article, Annotated Code of Maryland, or COMAR 20.90 may be determined to be individually guilty of a violation.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Civil Penalty Violations. The following violations are subject to a civil penalty under Public Utilities Article, §§13-202 and 13-210, Annotated Code of Maryland:</text> <paragraph num="(1)"> <text>Operating a motor vehicle after a permit is suspended or revoked;</text> </paragraph> <paragraph num="(2)"> <text>Failure to present a motor vehicle for inspection;</text> </paragraph> <paragraph num="(3)"> <text>Failure to file with the Public Service Commission an inspection certificate from a facility licensed by the State to perform motor vehicle inspections;</text> </paragraph> <paragraph num="(4)"> <text>Failure to carry appropriate insurance under Regulation .19 of this chapter;</text> </paragraph> <paragraph num="(5)"> <text>Operating a motor vehicle which has been placed out of service;</text> </paragraph> <paragraph num="(6)"> <text>Operating a motor vehicle without a valid state driver's license and a valid taxicab driver's license;</text> </paragraph> <paragraph num="(7)"> <text>Operating a motor vehicle while under the influence of alcohol or drugs, as defined under State law;</text> </paragraph> <paragraph num="(8)"> <text>Violation of State or local law relating to motor vehicle traffic control, the violation of which directly contributed to the cause of a fatality;</text> </paragraph> <paragraph num="(9)"> <text>Reckless driving while operating a motor vehicle, as defined under State or local law;</text> </paragraph> <paragraph num="(10)"> <text>Leaving the scene of a motor vehicle accident while operating a motor vehicle;</text> </paragraph> <paragraph num="(11)"> <text>Operating a motor vehicle which has had recurring violations of the equipment and safety standards under Transportation Article, Title 22, Annotated Code of Maryland, and COMAR Title 11, committed with actual knowledge of and a conscious failure to avert the violation;</text> </paragraph> <paragraph num="(12)"> <text>Use of a motor vehicle subject to the provisions of this chapter before obtaining approval of the Public Service Commission;</text> </paragraph> <paragraph num="(13)"> <text>Falsification of a certification statement that a defect in a motor vehicle has been repaired;</text> </paragraph> <paragraph num="(14)"> <text>Operating a motor vehicle which has been placed out of service for the same violation more than two times in a 1-year period or over 50 percent of the time inspected in a 1-year period, whichever is less;</text> </paragraph> <paragraph num="(15)"> <text>Failure of the owner or an operator of a motor vehicle to permit inspection of a vehicle or records relating to a permit;</text> </paragraph> <paragraph num="(16)"> <text>Operating a taxicab equipped with a taximeter not having its case sealed, or otherwise not being used as designed by the manufacturer;</text> </paragraph> <paragraph num="(17)"> <text>Operating a taxicab without an authorized schedule of fares (rate sheet) posted in the taxicab in such manner that passengers can readily determine the exact rate of fare payable by them;</text> </paragraph> <paragraph num="(18)"> <text>Failure to charge only a rate of fare or charge approved by the Public Service Commission;</text> </paragraph> <paragraph num="(19)"> <text>Failure to respond to Public Service Commission correspondence in a timely manner; and</text> </paragraph> <paragraph num="(20)"> <text>Violation of accessibility and nondiscrimination provisions of Regulation .23 of this chapter.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Notice.</text> <paragraph num="(1)"> <text>Notice of a violation and imposition of a civil penalty under §B of this regulation shall be in writing and mailed by first class mail, postage prepaid, to the last known address of the owner or, in the case of a corporation, the authorized representative.</text> </paragraph> <paragraph num="(2)"> <text>The notice given under §C(1) of this regulation shall:</text> <paragraph num="(a)"> <text>Include a statement that a party desiring a hearing must request the hearing on or before the date set by the Public Service Commission in the citation or complaint; and</text> </paragraph> <paragraph num="(b)"> <text>Indicate that failure to respond to the notice may result in the suspension or revocation of authority to operate as a common carrier.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>The mailing by first class mail of a notice is considered to be effective and binding as an actual notice.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".22" heading="Taxicab Stand."> <paragraph num="A."> <text>Consumer Rights. Any orderly person shall have the right to select any taxicab regardless of its position in line in the taxicab stand.</text> </paragraph> <paragraph num="B."> <text>Taxicab Driver Responsibilities.</text> <paragraph num="(1)"> <text>The driver of the taxicab at the head of the line on the stand shall accept as a passenger any orderly person who agrees to pay the proper fare.</text> </paragraph> <paragraph num="(2)"> <text>A taxicab driver entering a stand shall take the rear position in the line.</text> </paragraph> <paragraph num="(3)"> <text>The driver of the first taxicab in line of the stand shall remain with his taxicab, ready to be hired.</text> </paragraph> <paragraph num="(4)"> <text>When each taxicab leaves the stand, those behind in line shall move up.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Traffic Regulations.</text> <paragraph num="(1)"> <text>The number of taxicabs at a stand may not exceed the maximum number allowed in accordance with applicable traffic regulations.</text> </paragraph> <paragraph num="(2)"> <text>Taxicabs using a stand shall be parked in accordance with applicable traffic regulations.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Restriction.</text> <paragraph num="(1)"> <text>A taxicab driver entering a stand may not take or attempt to take a position in a line out of turn, or ahead of a driver entitled to that position.</text> </paragraph> <paragraph num="(2)"> <text>A taxicab driver may not solicit a passenger while on a stand so as to cause the passenger to take the driver's particular taxicab out of turn.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".23" heading="Accessibility and Nondiscrimination."> <paragraph num="A."> <text>For purposes of this regulation, “accessible” means fully and equally accessible to and independently usable by individuals with disabilities so that the individuals are able to acquire the same information, engage in the same interactions, and enjoy the same services as users without disabilities, with substantially equivalent ease of use.</text> </paragraph> <paragraph num="B."> <text>A taxicab association:</text> <paragraph num="(1)"> <text>Shall ensure that the taxicab association’s websites, mobile applications, and rear-seat payment center are accessible to the blind and visually impaired and the deaf and hard of hearing; and</text> </paragraph> <paragraph num="(2)"> <text>May not:</text> <paragraph num="(a)"> <text>Impose additional or special charges on an individual with a disability for providing services to accommodate the individual; or</text> </paragraph> <paragraph num="(b)"> <text>Require an individual with a disability to be accompanied by an attendant.</text> </paragraph> </paragraph> </paragraph> <paragraph num="C."> <text>If a taxicab accepts a ride request from a passenger with a disability who uses a mobility device, upon picking up the passenger, the taxicab driver shall stow the passenger’s mobility equipment in the vehicle if the vehicle is capable of stowing the equipment.</text> </paragraph> <paragraph num="D."> <text>If a passenger or driver determines that the vehicle is not capable of stowing the equipment, the taxicab association may not charge a trip cancellation fee or, if such fee is charged, shall provide the passenger with a refund in a timely manner.</text> </paragraph> <paragraph num="E."> <text>All taxicabs shall comply with all applicable laws related to accommodation of service animals.</text> </paragraph> <paragraph num="F."> <text>All taxicab associations shall provide their drivers detailed information and appropriate training regarding the requirements of laws governing nondiscrimination and accessibility, including the Americans with Disabilities Act, prior to allowing them to provide service to passengers to the extent applicable.</text> </paragraph> <paragraph num="G."> <text>By July 1 of each year, a taxicab association shall report to the Public Service Commission staff:</text> <paragraph num="(1)"> <text>The steps it has taken during the preceding 12 months to ensure and upgrade the accessibility of the taxicab association’s services; and</text> </paragraph> <paragraph num="(2)"> <text>The number of complaints or other notifications received regarding an inability or failure to accommodate a person with a disability.</text> </paragraph> </paragraph> <paragraph num="H."> <text>Taxicab associations that provide platforms allowing drivers to rate passengers shall ensure that such ratings are not based on unlawful discrimination, and that drivers do not discriminate against passengers or potential passengers on the basis of geographic endpoints of the ride, race, color, national origin, religion, sex, disability, age, or sexual orientation/identity.</text> </paragraph> <paragraph num="I."> <text>The Maryland Office of People’s Counsel shall have access to the reports filed under this section, upon request.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Public Utilities Article, §§2-113, 2-121, 4-503, 5-101, 6-202—6-207, 10-101—10-107,10-109, 10-110, 10-202—10-210, 10-301, 13-101, 13-201, and 13-202, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: December 30, 1964 (Order No. 55745)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended effective June 5, 2017 (44:11 Md. R. 526)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 amended effective June 5, 2017 (44:11 Md. R. 526)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04 amended effective September 2, 1991 (18:17 Md. R. 1921)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04B amended effective June 5, 2017 (44:11 Md. R. 526)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04H—J amended effective August 16, 1982 (9:16 Md. R. 1608)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05 repealed effective June 5, 2017 (44:11 Md. R. 526)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06 amended effective June 5, 2017 (44:11 Md. R. 526)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07 amended effective June 5, 2017 (44:11 Md. R. 526)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08 amended effective June 5, 2017 (44:11 Md. R. 526)</annotation> <annotation type="History" subtype="Administrative History">Regulation .09B, C amended effective June 5, 2017 (44:11 Md. R. 526)</annotation> <annotation type="History" subtype="Administrative History">Regulation .10 amended effective June 5, 2017 (44:11 Md. R. 526)</annotation> <annotation type="History" subtype="Administrative History">Regulation .11 amended effective June 5, 2017 (44:11 Md. R. 526)</annotation> <annotation type="History" subtype="Administrative History">Regulation .12 amended effective June 5, 2017 (44:11 Md. R. 526)</annotation> <annotation type="History" subtype="Administrative History">Regulation .13 amended effective June 5, 2017 (44:11 Md. R. 526)</annotation> <annotation type="History" subtype="Administrative History">Regulation .14 repealed effective June 5, 2017 (44:11 Md. R. 526)</annotation> <annotation type="History" subtype="Administrative History">Regulation .15B, C amended effective June 5, 2017 (44:11 Md. R. 526)</annotation> <annotation type="History" subtype="Administrative History">Regulation .16 amended effective June 5, 2017 (44:11 Md. R. 526); February 7, 2022 (49:3 Md. R. 139)</annotation> <annotation type="History" subtype="Administrative History">Regulation .16D amended effective February 28, 1994 (21:4 Md. R. 278); August 15, 1994 (21:16 Md. R. 1390); February 8, 1999 (26:3 Md. R. 176)</annotation> <annotation type="History" subtype="Administrative History">Regulation .16D and E adopted effective November 15, 1977 (Order No. 62596)</annotation> <annotation type="History" subtype="Administrative History">Regulation .16D and E amended effective September 2, 1991 (18:17 Md. R. 1921)</annotation> <annotation type="History" subtype="Administrative History">Regulation .16E repealed effective February 28, 1994 (21:4 Md. R. 278)</annotation> <annotation type="History" subtype="Administrative History">Regulation .16F amended effective May 10, 1982 (9:9 Md. R. 912)</annotation> <annotation type="History" subtype="Administrative History">Regulation .16K amended effective December 24, 2001 (28:25 Md. R. 2193)</annotation> <annotation type="History" subtype="Administrative History">Regulation .16L adopted effective April 10, 1995 (22:7 Md. R. 538)</annotation> <annotation type="History" subtype="Administrative History">Regulation .17 amended effective June 5, 2017 (44:11 Md. R. 526)</annotation> <annotation type="History" subtype="Administrative History">Regulation .18 amended effective June 5, 2017 (44:11 Md. R. 526)</annotation> <annotation type="History" subtype="Administrative History">Regulation .18G adopted effective September 28, 1992 (19:19 Md. R. 1713)</annotation> <annotation type="History" subtype="Administrative History">Regulation .19 adopted effective June 29, 1966 (Order No. 56356)</annotation> <annotation type="History" subtype="Administrative History">Regulation .19 amended effective January 23, 2012 (39:1 Md. R. 21)</annotation> <annotation type="History" subtype="Administrative History">Regulation .19A amended effective April 10, 1995 (22:7 Md. R. 538)</annotation> <annotation type="History" subtype="Administrative History">Regulation .19B, C amended effective June 5, 2017 (44:11 Md. R. 526)</annotation> <annotation type="History" subtype="Administrative History">Regulation .20 adopted effective May 31, 1971 (Order No. 59299)</annotation> <annotation type="History" subtype="Administrative History">Regulation .20 repealed effective June 5, 2017 (44:11 Md. R. 526)</annotation> <annotation type="History" subtype="Administrative History">Regulation .21 repealed and new Regulation .21 adopted effective January 20, 1992 (19:1 Md. R. 34)</annotation> <annotation type="History" subtype="Administrative History">Regulation .21 amended effective June 5, 2017 (44:11 Md. R. 526)</annotation> <annotation type="History" subtype="Administrative History">Regulation .21A amended effective June 15, 1998 (25:12 Md. R. 948)</annotation> <annotation type="History" subtype="Administrative History">Regulation .21B amended effective December 19, 1994 (21:25 Md. R. 2109); April 10, 1995 (22:7 Md. R. 538); December 24, 2001 (28:25 Md. R. 2193)</annotation> <annotation type="History" subtype="Administrative History">Regulation .21C adopted effective December 19, 1994 (21:25 Md. R. 2109)</annotation> <annotation type="History" subtype="Administrative History">Regulation .21C amended effective February 13, 2006 (33:3 Md. R. 243)</annotation> <annotation type="History" subtype="Administrative History">Regulation .22 adopted effective August 16, 1982 (9:16 Md. R. 1608)</annotation> <annotation type="History" subtype="Administrative History">Regulation .22 amended effective June 5, 2017 (44:11 Md. R. 526)</annotation> <annotation type="History" subtype="Administrative History">Regulation .22D amended effective November 22, 1982 (9:23 Md. R. 2261)</annotation> <annotation type="History" subtype="Administrative History">Regulation .23 adopted effective June 5, 2017 (44:11 Md. R. 526)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective April 9, 2018 (45:7 Md. R. 346)</annotation> </annotations> </chapter> <chapter num="03" heading="Control and Operation of Taxicabs in the City of Cumberland and the City of Hagerstown" reason="Repealed"> <annotations> <annotation type="History" subtype="Administrative History">Effective date:</annotation> <annotation type="History" subtype="Administrative History">Cumberland: December 28, 1966 (Order No. 56519)</annotation> <annotation type="History" subtype="Administrative History">Hagerstown: June 21, 1968 (Order No. 57289)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04 amended effective September 2, 1991 (18:17 Md. R. 1921)</annotation> <annotation type="History" subtype="Administrative History">Regulation .15 amended effective September 2, 1991 (18:17 Md. R. 1921)</annotation> <annotation type="History" subtype="Administrative History">Regulation .15D adopted effective November 19, 1969 (Order No. 57900)</annotation> <annotation type="History" subtype="Administrative History">Regulation .15D amended effective February 28, 1994 (21:4 Md. R. 278); August 15, 1994 (21:16 Md. R. 1391); February 8, 1999 (26:3 Md. R. 176)</annotation> <annotation type="History" subtype="Administrative History">Regulation .15E repealed effective February 28, 1994 (21:4 Md. R. 278)</annotation> <annotation type="History" subtype="Administrative History">Regulation .15K amended effective December 24, 2001 (28:25 Md. R. 2193)</annotation> <annotation type="History" subtype="Administrative History">Regulation .16E adopted effective September 28, 1992 (19:19 Md. R. 1713)</annotation> <annotation type="History" subtype="Administrative History">Regulation .17 amended effective January 23, 2012 (39:1 Md. R. 21)</annotation> <annotation type="History" subtype="Administrative History">Regulation .17A amended effective April 10, 1995 (22:7 Md. R. 538)</annotation> <annotation type="History" subtype="Administrative History">Regulation .18 repealed and new Regulation .18 adopted effective January 20, 1992 (19:1 Md. R. 34)</annotation> <annotation type="History" subtype="Administrative History">Regulation .18A amended effective June 15, 1998 (25:12 Md. R. 948)</annotation> <annotation type="History" subtype="Administrative History">Regulation .18B amended and C adopted effective December 19, 1994 (21:25 Md. R. 2110)</annotation> <annotation type="History" subtype="Administrative History">Regulation .18B amended effective December 24, 2001 (28:25 Md. R. 2193)</annotation> <annotation type="History" subtype="Administrative History">Regulation .18C amended effective February 13, 2006 (33:3 Md. R. 244)</annotation> <annotation type="History" subtype="Administrative History">Chapter repealed effective April 9, 2018 (45:7 Md. R. 346)</annotation> </annotations> </chapter> </subtitle> <subtitle num="95" heading="Transportation"> <chapter num="01" heading="General"> <regulation prefix="Regulation" num=".01" heading="Authority."> <text>The laws of Maryland require that the service and facilities furnished by means of motor vehicle in the public transportation of passengers or property for hire within the State shall be safe and adequate and in all respects just and reasonable, and vest in the Public Service Commission authority to formulate standards for, and definitions of, service and facilities. The service and facilities of all motor vehicles engaged in the transportation of persons or property for hire and operating under permits issued by the Public Service Commission shall conform to these regulations.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Saving Clause."> <text>The formulation of these regulations does not preclude the Commission from altering or amending them in whole or in part, or from requiring any other or additional service, equipment, facility, or standard, either upon complaint or upon its own motion, or upon the application of a motor vehicle owner. Furthermore, these standards do not relieve an owner or operator of any motor vehicle from any of his duties under any orders of the Commission which are not in conflict with these regulations or under the laws of this State.</text> </regulation> <regulation prefix="Regulation" num=".03" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Commission” means the Public Service Commission of Maryland.</text> </paragraph> <paragraph num="(2)"> <text>“Company” includes every corporation, association, partnership, group of individuals, or individual owning, controlling, operating, or managing one or more motor vehicles engaged in the transportation of persons for hire over any road between fixed termini, over a more or less regular route, on a more or less fixed schedule, or transportation from point to point that is pre-arranged between the company and a rider.</text> </paragraph> <paragraph num="(3)"> <text>Inspection Certificate.</text> <paragraph num="(a)"> <text>“Inspection certificate” means a numbered certificate issued in a form authorized by the Maryland State Police and issued by a facility licensed by the Maryland State Police to perform motor vehicle safety inspections, or issued by a facility licensed by an adjacent state or the District of Columbia to perform motor vehicle safety inspections and in a form acceptable to the licensing authority of the adjacent state or the District of Columbia, if the Commission determines or has previously determined that the vehicle inspection standards of that jurisdiction are materially the same as those adopted by the Maryland State Police.</text> </paragraph> <paragraph num="(b)"> <text>“Inspection certificate” does not include a vehicle inspection report or sticker.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>“License” includes a for-hire license issued by the Commission to provide passenger-for-hire services as defined in Public Utilities Article, §10-101(g), Annotated Code of Maryland, including a transportation network operator’s license.</text> </paragraph> <paragraph num="(5)"> <text>Motor Vehicle.</text> <paragraph num="(a)"> <text>“Motor vehicle” includes all vehicles or machines propelled by any power other than muscular used upon the public roads, not on rails, for public transportation of persons for compensation.</text> </paragraph> <paragraph num="(b)"> <text>“Motor vehicle” does not include a taxicab.</text> </paragraph> </paragraph> <paragraph num="(6)"> <text>“Operator” means any person engaged in driving a motor vehicle for which a permit has been issued, other than a Transportation Network Operator.</text> </paragraph> <paragraph num="(7)"> <text>“Owner” means the individual, partnership, carrier, or company to whom a permit has been issued, other than a Transportation Network Company or Transportation Network Operator.</text> </paragraph> <paragraph num="(8)"> <text>“Permit” means the motor carrier or driver’s permit issued by the Commission.</text> </paragraph> <paragraph num="(9)"> <text>“Roads” means State or State-aid roads, improved county roads, or streets and roads of incorporated towns and cities in the State.</text> </paragraph> <paragraph num="(10)"> <text>“State” means the State of Maryland.</text> </paragraph> <paragraph num="(11)"> <text>“Surge pricing” means the practice of a company applying a multiplier to customer fares for a limited duration.</text> </paragraph> <paragraph num="(12)"> <text>“Transportation Network Company” or “TNC” means a company that has been issued a permit by the Commission and operates in the State of Maryland using a digital network to connect passengers to Transportation Network Operators for Transportation Network Services.</text> </paragraph> <paragraph num="(13)"> <text>“Transportation Network Operator” means an individual who:</text> <paragraph num="(a)"> <text>Has been issued a Transportation Network Operator’s License, or is otherwise authorized, by the Commission to provide Transportation Network Services;</text> </paragraph> <paragraph num="(b)"> <text>Receives, through a Transportation Network Company’s digital network application, a connection to a potential passenger to transport the passenger between points chosen by the passenger in exchange for the payment of a fee to the Transportation Network Company; and</text> </paragraph> <paragraph num="(c)"> <text>Uses a motor vehicle that is owned, leased, or otherwise authorized for use by the individual and is approved for use in providing Transportation Network Services by the Commission.</text> </paragraph> </paragraph> <paragraph num="(14)"> <text>“Transportation Network Services” means:</text> <paragraph num="(a)"> <text>The activities of a Transportation Network Operator during:</text> <paragraph num="(i)"> <text>Transportation Network Coverage Period One, during which the Transportation Network Operator is logged onto and ready to accept a prearranged ride request made through a TNC’s digital network application;</text> </paragraph> <paragraph num="(ii)"> <text>Transportation Network Coverage Period Two, during which the Transportation Network Operator accepts a ride request from a passenger that is prearranged through a TNC’s digital network application, and is traveling to a predetermined location to pick up the passenger; and</text> </paragraph> <paragraph num="(iii)"> <text>Transportation Network Coverage Period Three, during which the Transportation Network Operator transports the passenger and continuing until the passenger departs the motor vehicle.</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>“Transportation Network Services” does not include providing taxicab services, sedan services, or limousine services.</text> </paragraph> </paragraph> <paragraph num="(15)"> <text>“Transportation Network Operator Vehicle” means a vehicle that is used by a Transportation Network Operator to provide pre-arranged passenger transportation services requested through a TNC Platform, using Commission approved motor vehicles and operators.</text> </paragraph> <paragraph num="(16)"> <text>“TNC Platform” means a digital network application used by a TNC to connect riders to Transportation Network Operators who provide for-hire transportation services for compensation.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Necessity for Permit."> <paragraph num="A."> <text>A motor vehicle may not be operated over roads of this State until a permit has been obtained from the Commission authorizing its operation.</text> </paragraph> <paragraph num="B."> <text>A permit may be issued by the Commission at any time during the year, and for such length of time as the Commission may deem best for the public welfare and convenience.</text> </paragraph> <paragraph num="C."> <text>Permits are not transferable.</text> </paragraph> <paragraph num="D."> <text>A charge may not be made for the issuance of a permit under the provisions of these regulations.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Securing a Permit."> <paragraph num="A."> <text>An application for a permit to operate a motor vehicle in the transportation of passengers for hire shall be made on forms provided by the Commission.</text> </paragraph> <paragraph num="B."> <text>A permit shall be in effect for the term specified by the Commission, not exceeding 20 years.</text> </paragraph> <paragraph num="C."> <text>An owner shall notify the Commission within 15 days of any change of address.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Violations and Penalties."> <paragraph num="A."> <text>Violations.</text> <paragraph num="(1)"> <text>An owner of a motor vehicle who neglectfully or with prior knowledge causes or permits the violation of Public Utilities Article, Annotated Code of Maryland, or this chapter, may be guilty of a violation and subject to a civil penalty under this regulation as fully as though the owner was operating the motor vehicle personally at the time.</text> </paragraph> <paragraph num="(2)"> <text>In the case of a corporation, an officer, agent, or employee who violates, procures, aids, or abets any violation of Public Utilities Article, Annotated Code of Maryland, or this chapter, may be determined to be individually guilty of a violation.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Civil Penalty Violations. The following violations are subject to a civil penalty under Public Utilities Article, §13-202, Annotated Code of Maryland:</text> <paragraph num="(1)"> <text>Operating a motor vehicle after a permit is suspended or revoked;</text> </paragraph> <paragraph num="(2)"> <text>Failure to present a motor vehicle for inspection;</text> </paragraph> <paragraph num="(3)"> <text>Failure to file with the Commission an inspection certificate from a facility licensed by the State to perform motor vehicle inspections, or a facility licensed to perform inspections in an adjacent jurisdiction, if the Commission has previously determined that the vehicle inspection standards of that jurisdiction are materially the same as those adopted by the Maryland State Police;</text> </paragraph> <paragraph num="(4)"> <text>Failure to carry appropriate insurance or provide evidence of coverage to the Commission under Regulations .18 and .20 of this chapter;</text> </paragraph> <paragraph num="(5)"> <text>Operating a motor vehicle which has been placed out of service;</text> </paragraph> <paragraph num="(6)"> <text>Operating a motor vehicle without a valid state driver’s license or valid passenger-for-hire driver’s license, or a valid Transportation Network Operator’s License;</text> </paragraph> <paragraph num="(7)"> <text>Operating a motor vehicle while under the influence of alcohol or drugs, as defined under State law;</text> </paragraph> <paragraph num="(8)"> <text>Violation of State or local law relating to motor vehicle traffic control, the violation of which directly contributed to the cause of a fatality;</text> </paragraph> <paragraph num="(9)"> <text>Reckless driving while operating a motor vehicle, as defined under State or local law;</text> </paragraph> <paragraph num="(10)"> <text>Leaving the scene of a motor vehicle accident while operating a motor vehicle;</text> </paragraph> <paragraph num="(11)"> <text>Operating a motor vehicle which has had recurring violations of the equipment and safety standards under 49 CFR 393, as amended, which is incorporated by reference, Transportation Article, Title 22, Annotated Code of Maryland, or COMAR Title 11, committed with actual knowledge of and a conscious failure to avert the violation;</text> </paragraph> <paragraph num="(12)"> <text>Use of a motor vehicle subject to the provisions of this chapter before obtaining approval of the Commission;</text> </paragraph> <paragraph num="(13)"> <text>Falsification of a certification statement that a defect in a motor vehicle has been repaired;</text> </paragraph> <paragraph num="(14)"> <text>Operating a motor vehicle which has been placed out of service for the same violation more than two times in a 1-year period or over 50 percent of the time inspected in a 1-year period, whichever is less;</text> </paragraph> <paragraph num="(15)"> <text>Failure of the owner or an operator of a motor vehicle, including a Transportation Network Operator, to permit inspection of a vehicle or of records relating to a permit;</text> </paragraph> <paragraph num="(16)"> <text>Operating a motor vehicle without all required permits; or</text> </paragraph> <paragraph num="(17)"> <text>Violation of Accessibility and Non-Discrimination under Regulation .25 of this chapter.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Civil penalties for the violations set forth in §B of this regulation may be assessed upon owners or operators as appropriate, including Transportation Network Companies and Transportation Network Operators.</text> </paragraph> <paragraph num="D."> <text>Notice.</text> <paragraph num="(1)"> <text>Notice of a violation and imposition of a civil penalty under §B of this regulation shall be in writing and mailed by first class mail, postage prepaid, to the last known address of the owner, or in the case of a corporation, the authorized representative.</text> </paragraph> <paragraph num="(2)"> <text>The notice given under §C(1) of this regulation shall:</text> <paragraph num="(a)"> <text>Include a statement that a party desiring a hearing must request the hearing on or before the date set by the Commission in the citation or complaint; and</text> </paragraph> <paragraph num="(b)"> <text>Indicate that failure to respond to the notice may result in the suspension or revocation of authority to operate as a common carrier.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>The mailing by first class mail of a notice is considered to be as effective and binding as an actual notice.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Waiver of Regulations."> <text>A regulation in this subtitle may be waived by the Commission for good cause shown.</text> </regulation> <regulation prefix="Regulation" num=".08" heading="Schedules — Rates and Charges."> <paragraph num="A."> <text>The provisions of this regulation do not apply to a motor carrier providing transportation for hire by or through contract with a public authority, or a federal, State, district, or municipal transportation agency.</text> </paragraph> <paragraph num="B."> <text>Notice.</text> <paragraph num="(1)"> <text>A schedule of rates and charges may not be instituted or changed by an owner or Transportation Network Company without providing the Commission and the Maryland Office of People's Counsel with 14 days notice.</text> </paragraph> <paragraph num="(2)"> <text>Interested persons and the Maryland Office of People’s Counsel may file with the Commission an objection to the schedule of rates and charges within 14 days of the submission of the application and proposed schedule.</text> </paragraph> <paragraph num="(3)"> <text>Unless the Commission suspends a schedule filed under §B(1) of this regulation within 14 days, the schedule shall take effect on the date specified in the schedule.</text> </paragraph> <paragraph num="(4)"> <text>A schedule of rates may include a range of maximum and minimum rates, including a range of base rates, and any applicable surge pricing capped at a maximum multiplier.</text> </paragraph> </paragraph> <paragraph num="C."> <text>An owner or Transportation Network Company shall file with the Commission a schedule of its rates and charges, as required in Regulation .08B of this chapter.</text> </paragraph> <paragraph num="D."> <text>An application for authority to institute or change rates and charges shall be typewritten or printed and shall include an original and two copies of the proposed tariff change, including the following information:</text> <paragraph num="(1)"> <text>A reference to the specific rate or charge section being instituted or changed;</text> </paragraph> <paragraph num="(2)"> <text>A list of the rate or charge pages being revised;</text> </paragraph> <paragraph num="(3)"> <text>A brief description of the nature of the rate or charge addition or change;</text> </paragraph> <paragraph num="(4)"> <text>If applicable, the percentage of increase or decrease in a rate or charge and the related dollar amount for each class;</text> </paragraph> <paragraph num="(5)"> <text>The proposed effective date;</text> </paragraph> <paragraph num="(6)"> <text>The name and telephone number of a representative of the owner or Transportation Network Company capable of answering any question the Commission may have concerning the rate or charge; and</text> </paragraph> <paragraph num="(7)"> <text>The signature of the owner, or in the case of a Transportation Network Company, corporation, partnership, or LLC, the signature of an authorized representative.</text> </paragraph> </paragraph> <paragraph num="E."> <text>An owner shall provide access to a copy of the effective and proposed schedule of rates and charges to the public on a website, or if the owner does not have a website, at their principal place of business.</text> </paragraph> <paragraph num="F."> <text>A Transportation Network Company shall disclose the following information to a passenger through the TNC Platform before the passenger agrees to a trip with a Transportation Network Company:</text> <paragraph num="(1)"> <text>The applicable rate being charged;</text> </paragraph> <paragraph num="(2)"> <text>Notice that surge pricing is in effect and the multiplier to be applied, if applicable;</text> </paragraph> <paragraph num="(3)"> <text>Notice of the type and amount of any additional fee or fees being charged; and</text> </paragraph> <paragraph num="(4)"> <text>The option to obtain an estimated fare for the transportation service that will be provided, based on passenger-input pick-up and drop-off points.</text> </paragraph> </paragraph> <paragraph num="G."> <text>A Transportation Network Company shall include in its digital platform a feature that requires a passenger to acknowledge that surge pricing is in effect, when applicable.</text> </paragraph> <paragraph num="H."> <text>A Transportation Network Company shall permit all passengers to view on their personal computer or mobile device a photograph of the authorized Transportation Network Operator, and the vehicle’s license plate number, prior to entering the Commission approved vehicle.</text> </paragraph> <paragraph num="I."> <text>A Transportation Network Company, on completion of transportation services, shall transmit an electronic receipt to the passenger’s electronic mail address or mobile application documenting:</text> <paragraph num="(1)"> <text>The origin and destination of the trip;</text> </paragraph> <paragraph num="(2)"> <text>The total time of the trip;</text> </paragraph> <paragraph num="(3)"> <text>The total fare paid, including the base fare and any additional charges incurred for distance traveled or duration of the prearranged ride;</text> </paragraph> <paragraph num="(4)"> <text>The driver’s first name;</text> </paragraph> <paragraph num="(5)"> <text>The PSC license number or a unique receipt identification number;</text> </paragraph> <paragraph num="(6)"> <text>The Company name; and</text> </paragraph> <paragraph num="(7)"> <text>A customer support telephone number and an e-mail address or hyperlink, or both for the submittal of inquiries and feedback.</text> </paragraph> </paragraph> <paragraph num="J."> <text>A Transportation Network Company shall make available on its digital network and website a customer support telephone number and an e-mail address or hyperlink, or both for passenger inquires, as well as instructions to passengers for filing a complaint with the Commission.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".09" heading="Schedules — Repealed." /> <regulation prefix="Regulation" num=".10" heading="Suspension or Revocation of a Permit."> <paragraph num="A."> <text>After a hearing, the Commission may suspend or revoke a permit for:</text> <paragraph num="(1)"> <text>A violation of Public Utilities Article, Annotated Code of Maryland, or COMAR Title 20; or</text> </paragraph> <paragraph num="(2)"> <text>The failure to obtain a Maryland motor vehicle license to provide the service authorized by the permit issued under this chapter within 30 days after the issuance of a permit.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Notice.</text> <paragraph num="(1)"> <text>Notice of the hearing required under §A of this regulation shall be in writing and mailed by first class mail, postage prepaid, to the last known address of the owner, or in the case of a corporation, the authorized representative.</text> </paragraph> <paragraph num="(2)"> <text>The notice given under §B(1) of this regulation shall:</text> <paragraph num="(a)"> <text>Include the time, date, and location of the hearing; and</text> </paragraph> <paragraph num="(b)"> <text>Indicate that failure to appear for the hearing may result in the suspension or revocation of authority to operate as a common carrier.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>The mailing by first class mail of a notice is considered to be as effective and binding as an actual notice.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".11" heading="Required Equipment, and Minimum Safety Standards."> <paragraph num="A."> <text>A motor vehicle, including a leased or reserved motor vehicle, used by a carrier or Transportation Network Operator shall:</text> <paragraph num="(1)"> <text>Comply with Transportation Article, Title 22, Annotated Code of Maryland, relating to required equipment on motor vehicles;</text> </paragraph> <paragraph num="(2)"> <text>Comply with 49 CFR 393, as amended, which is incorporated by reference, relating to required equipment on motor vehicles operated in Maryland;</text> </paragraph> <paragraph num="(3)"> <text>Be equipped with:</text> <paragraph num="(a)"> <text>Except for a vehicle with a manufacturer’s rated seating capacity of eight or fewer passengers, a light or lights within the motor vehicle arranged to illuminate the entire interior except for the area occupied by the driver; and</text> </paragraph> <paragraph num="(b)"> <text>A heating system, and an air conditioning system if the air conditioning system was originally installed by the vehicle manufacturer;</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>Be identified by a distinctive number, and have the name, trade name, or company logo conspicuously displayed, unless waived by the Transportation Division of the Commission or, if the vehicle is a Transportation Network Operator Vehicle, be identified by a removable insignia as specified in Regulation .24 of this chapter, and in the Transportation Network Company’s digital platform by providing the Transportation Network Operator Vehicle license plate number and a picture of the Transportation Network Operator;</text> </paragraph> <paragraph num="(5)"> <text>Be kept clean and sanitary; and</text> </paragraph> <paragraph num="(6)"> <text>After July 1, 2018, not exceed more than 12 model years of age, unless the vehicle has an existing Commission permit, and proof of semi-annual safety inspections, conforming to the requirements of §B(2) of this regulation is submitted to the Commission, or the vehicle is a historic motor vehicle as defined in Transportation Article, §13-936, Annotated Code of Maryland, or the vehicle exceeds 10,000 pounds Gross Vehicle Weight Rating.</text> </paragraph> </paragraph> <paragraph num="B."> <text>After July 1, 2022, an owner, Transportation Network Operator, or Transportation Network Company, upon application for a vehicle permit and annually thereafter, shall self-certify the vehicle is not subject to any open safety recalls issued by a vehicle manufacturer and posted online by the National Highway Traffic Safety Administration (NHTSA) under 49 U.S.C. §30118.</text> </paragraph> <paragraph num="C."> <text>Upon self-certification, the owner, Transportation Network Operator, or Transportation Network Company may not operate or permit the operation of a motor vehicle for hire with any open vehicle safety recalls as of the date of self-certification, except if, due to the unavailability of parts to comply with the manufacturer’s safety recall, the owner or Transportation Network Operator cannot comply with the recall.</text> </paragraph> <paragraph num="D."> <text>Any recall that qualifies for this exemption shall be remedied as soon as practicable, after parts become available, and not to exceed 90 days from the availability of the parts.</text> </paragraph> <paragraph num="E."> <text>Self certification for vehicle safety recall compliance, in a form approved by the Commission, is the responsibility of the owner, Transportation Network Operator, or Transportation Network Company.</text> </paragraph> <paragraph num="F."> <text>Inspection.</text> <paragraph num="(1)"> <text>Except for vehicles over 10,000 pounds Gross Vehicle Weight Rating (GVWR) or vehicles that exceed more than 10 model years of age, an owner of a motor vehicle or a Transportation Network Operator shall provide an inspection certificate as part of the application for vehicle permit and annually thereafter. The annual inspection certificate shall be dated no later than the annual anniversary of the date the vehicle permit was issued, or as otherwise directed by the Commission.</text> </paragraph> <paragraph num="(2)"> <text>For vehicles under 10,000 pounds Gross Vehicle Weight Rating (GVWR) that exceed more than 10 model years of age, an owner of a motor vehicle or a Transportation Network Operator shall provide an inspection certificate on a semi-annual basis.</text> </paragraph> <paragraph num="(3)"> <text>For new vehicles not previously registered with less than 7,500 miles, a copy of the bill of sale and a copy of the certificate of origin may be substituted for the required inspection.</text> </paragraph> <paragraph num="(4)"> <text>Upon presenting proper identification, the Commission or its representative may enter a motor vehicle for the purpose of inspecting the vehicle, vehicle equipment, or records of the carrier.</text> </paragraph> <paragraph num="(5)"> <text>A representative of the Commission, after inspection and a determination that a motor vehicle does not comply with the requirements of this chapter, may require:</text> <paragraph num="(a)"> <text>The repair or replacement of the motor vehicle;</text> </paragraph> <paragraph num="(b)"> <text>That the motor vehicle be removed from service pending the repair or replacement; and</text> </paragraph> <paragraph num="(c)"> <text>That a Transportation Network Operator or an owner of a motor vehicle, which has been removed from service for repair, provide evidence of the repair.</text> </paragraph> </paragraph> <paragraph num="(6)"> <text>The Commission may require an owner of a motor vehicle, a Transportation Network Operator, or a Transportation Network Company on behalf of a Transportation Network Operator, to provide a valid inspection certificate to verify the inspection required under this section.</text> </paragraph> <paragraph num="(7)"> <text>Upon receipt of a customer complaint, the Commission may order a motor carrier, or vehicle operator, including a Transportation Network Operator, to present the subject vehicle for inspection by a Commission representative. In the alternative, if the complaint alleges a safety issue that is addressed by the annual safety inspection, the Commission may require the motor carrier, operator, or Transportation Network Operator to have the vehicle inspected in a licensed facility conforming to the requirements of §B(1) or (2) of this regulation, and provide an inspection certificate to the Commission.</text> </paragraph> <paragraph num="(8)"> <text>At the direction of the Commission, an owner of a motor vehicle over 10,000 pounds Gross Vehicle Weight Rating (GVWR) shall present the motor vehicle for inspection by a Commission representative.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".12" heading="Operation of Motor Vehicle."> <paragraph num="A."> <text>Driver. An owner or a Transportation Network Company shall ensure that:</text> <paragraph num="(1)"> <text>Only a properly licensed driver operates a motor vehicle used in the exercise of a permit;</text> </paragraph> <paragraph num="(2)"> <text>A driver of a motor vehicle operates the vehicle in a prudent and safe manner; and</text> </paragraph> <paragraph num="(3)"> <text>A driver of a motor vehicle adheres to all local, city, state, and federal laws and regulations.</text> </paragraph> <paragraph num="(4)"> <text>A driver of a motor vehicle is provided information and training about the requirements of laws governing non-discrimination and accessibility, including the Americans with Disabilities Act, to the extent applicable.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Carrying Capacity.</text> <paragraph num="(1)"> <text>The number of passengers transported by a motor vehicle may not exceed the number authorized by the vehicle list associated with a permit and on file with the Commission, and may not exceed the manufacturer’s rated seating capacity.</text> </paragraph> <paragraph num="(2)"> <text>A passenger may not stand in a motor vehicle, except in emergency situations.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Fatality Report. An owner, Transportation Network Operator, or Transportation Network Company shall report in writing, to the Commission, an accident involving a motor vehicle that results in a fatality.</text> </paragraph> <paragraph num="D."> <text>Maintenance Record. A continuous maintenance record shall be kept for each motor vehicle in accordance with state and federal laws and regulations.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".13—.17" heading="Repealed." /> <regulation prefix="Regulation" num=".18" heading="Insurance or Bond for Motor Vehicles Carrying Passengers."> <paragraph num="A."> <text>Requirements. A motor vehicle carrying passengers for which a permit is necessary may not be operated unless the owner maintains a liability insurance policy or bond for that vehicle. The required insurance shall have a term of coverage of 6 months or more.</text> </paragraph> <paragraph num="B."> <text>Liability Insurance.</text> <paragraph num="(1)"> <text>The minimum per accident insurance required for each motor vehicle with a seating capacity of seven passengers or less is:</text> <paragraph num="(a)"> <text>$50,000 for injury to any one person, $100,000 for injuries to two or more persons, and $20,000 for property damage; or</text> </paragraph> <paragraph num="(b)"> <text>$120,000 combined single limit.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>The minimum per accident insurance required for each motor vehicle with a seating capacity between eight to 15 passengers is:</text> <paragraph num="(a)"> <text>$75,000 for injury to any one person, $200,000 for injuries to two or more persons, and $50,000 for property damage; or</text> </paragraph> <paragraph num="(b)"> <text>$250,000 combined single limit.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>The minimum per accident insurance required for each vehicle with a seating capacity of 16 passengers or more is:</text> <paragraph num="(a)"> <text>$75,000 for injury to any one person, $400,000 for injuries to two or more persons, and $100,000 for property damage; or</text> </paragraph> <paragraph num="(b)"> <text>$500,000 combined single limit.</text> </paragraph> </paragraph> </paragraph> <paragraph num="C."> <text>Bond Instead of Insurance.</text> <paragraph num="(1)"> <text>If an owner of a motor vehicle used to carry passengers elects a bond instead of insurance, the amount of the bond is:</text> <paragraph num="(a)"> <text>Determined by the number of vehicles covered by and described in the bond;</text> </paragraph> <paragraph num="(b)"> <text>Determined by the designed passenger seating capacity of the motor vehicle; and</text> </paragraph> <paragraph num="(c)"> <text>As set out in the following table:</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>The bonding company shall guarantee the prompt payment by the owner of indemnities for personal injuries or for property damage resulting from any accident due to the negligence of the operator, to the extent of the damages sustained, but not less than the amounts described under §B of this regulation whichever section applies to the owner.</text> </paragraph> <paragraph num="(3)"> <text>The penalty of the bond instead of insurance may not be exhausted by successive recoveries but shall remain unimpaired until the bond is cancelled.</text> </paragraph> <paragraph num="(4)"> <text>If the bond instead of insurance is cancelled or if the owner's operation is terminated or interrupted at any time, the bonding company shall proceed to make settlement of all then outstanding indemnity claims, in conformity with the limitations of §C(2) of this regulation except that the aggregate amount of the settlements may not exceed the penal sum of the bond instead of insurance.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Compliance.</text> <paragraph num="(1)"> <text>An owner shall file with the Commission:</text> <paragraph num="(a)"> <text>An original certificate of insurance signed by an authorized agent of an insurance company, indicating that the policy has been issued, specifying the terms of the policy and the name of insured; or</text> </paragraph> <paragraph num="(b)"> <text>A certified copy of the bond instead of insurance showing similar information.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>The insurance company and the insurance broker shall be licensed to do business in Maryland as required by Insurance Article, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(3)"> <text>The Public Service Commission shall be shown as a certificate holder on the liability insurance policy.</text> </paragraph> <paragraph num="(4)"> <text>The certificate of insurance shall list, either typed on the face of the certificate or on the insurance company letterhead attached to the certificate, the year, make, and serial number of each motor vehicle that is covered by the insurance policy.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Notice.</text> <paragraph num="(1)"> <text>A liability insurance policy or bond instead of insurance under this regulation shall contain a clause requiring at least 10 days written notice to the Commission and the insured before a policy or bond may be cancelled.</text> </paragraph> <paragraph num="(2)"> <text>The holder of a permit authorizing the transportation of passengers shall give the Commission at least 10 days written notice of any proposed change affecting the liability insurance policy or bond instead of insurance required by this regulation.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".19" heading="Prohibited Conduct."> <paragraph num="A."> <text>A Transportation Network Company, Transportation Network Operator, or an owner of a motor vehicle used in the transportation of a person for hire, which is not licensed as a taxicab by a county or by the Commission, may not:</text> <paragraph num="(1)"> <text>Paint, identify, or letter the motor vehicle to resemble the distinctive color scheme or markings of a taxicab;</text> </paragraph> <paragraph num="(2)"> <text>Equip the motor vehicle with a dome light or taxi meter;</text> </paragraph> <paragraph num="(3)"> <text>Advertise the use of a motor vehicle as a taxicab service;</text> </paragraph> <paragraph num="(4)"> <text>Dispatch a motor vehicle to pick up a customer calling for a taxicab; or</text> </paragraph> <paragraph num="(5)"> <text>Accept or dispatch a motor vehicle from a telephone number identified or advertised as providing taxicab service.</text> </paragraph> </paragraph> <paragraph num="B."> <text>An owner of a motor vehicle may not permit or direct an operator of a motor vehicle in the transportation of a person for hire to:</text> <paragraph num="(1)"> <text>Pick up an individual hailing the motor vehicle from the street;</text> </paragraph> <paragraph num="(2)"> <text>Discharge an individual at random except at the request of the individual;</text> </paragraph> <paragraph num="(3)"> <text>Solicit an individual at a public or private taxicab stand or at Baltimore/Washington International Thurgood Marshall Airport; or</text> </paragraph> <paragraph num="(4)"> <text>Solicit an individual on the street.</text> </paragraph> </paragraph> <paragraph num="C."> <text>A Transportation Network Company may not permit or direct a Transportation Network Operator to:</text> <paragraph num="(1)"> <text>Pick up an individual hailing the motor vehicle from the street or through any means other than the digital platform used by the Transportation Network Company;</text> </paragraph> <paragraph num="(2)"> <text>Discharge an individual at random except at the request of the individual;</text> </paragraph> <paragraph num="(3)"> <text>Solicit an individual at a public or private taxicab stand or at Baltimore/Washington International Thurgood Marshall Airport; or</text> </paragraph> <paragraph num="(4)"> <text>Solicit an individual on the street.</text> </paragraph> </paragraph> <paragraph num="D."> <text>A permit issued by the Public Service Commission does not convey authority to operate on the property of Baltimore /Washington International Thurgood Marshall Airport.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".20" heading="Transportation Network Company."> <paragraph num="A."> <text>A Transportation Network Company shall:</text> <paragraph num="(1)"> <text>Have a permit from the Commission authorizing its operation;</text> </paragraph> <paragraph num="(2)"> <text>Register with the Maryland State Department of Assessments;</text> </paragraph> <paragraph num="(3)"> <text>Maintain a registered agent in Maryland;</text> </paragraph> <paragraph num="(4)"> <text>Comply with all insurance requirements applicable to Transportation Network Companies, and ensure that Transportation Network Operators operating under its permit comply with all Commission Transportation Network Operator licensing requirements, vehicle inspections, and insurance requirements;</text> </paragraph> <paragraph num="(5)"> <text>Maintain a current registry of all Transportation Network Operators, vehicles and TNC platform activity associated with the TNC and, upon request, make the registry available for Commission review to assure compliance with this chapter;</text> </paragraph> <paragraph num="(6)"> <text>Provide Transportation Network Operators with a Transportation Network Company identification as defined under COMAR 20.95.01.24A(6) and COMAR 20.95.01.24A(7);</text> </paragraph> <paragraph num="(7)"> <text>Provide the following information on its website:</text> <paragraph num="(a)"> <text>The Transportation Network Company’s customer service telephone number or electronic mail address;</text> </paragraph> <paragraph num="(b)"> <text>The procedure for reporting a complaint; and</text> </paragraph> <paragraph num="(c)"> <text>A telephone number and electronic mail address for the Maryland Public Service Commission.</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>Insurance.</text> <paragraph num="(1)"> <text>A Transportation Network Company shall maintain, or require its Transportation Network Operators to maintain primary insurance coverage in the amounts and types specified in Public Utilities Article, §10-405, Annotated Code of Maryland;</text> </paragraph> <paragraph num="(2)"> <text>A Transportation Network Company shall provide proof of insurance as required by Public Utilities Article, §10-405(d), Annotated Code of Maryland; and</text> </paragraph> <paragraph num="(3)"> <text>A Transportation Network Company shall ensure that Transportation Network Company or Transportation Network Operator insurance coverage is in effect during Transportation Network Coverage Period One, Transportation Network Coverage Period Two, and Transportation Network Coverage Period Three;</text> </paragraph> <paragraph num="(4)"> <text>A Transportation Network Operator, a Transportation Network Company, or a combination of both shall maintain primary motor vehicle insurance that:</text> <paragraph num="(a)"> <text>Recognizes that the Transportation Network Operator is a Transportation Network Operator or otherwise uses a motor vehicle to transport passengers for hire; and</text> </paragraph> <paragraph num="(b)"> <text>Covers the Transportation Network Operator while the Transportation Network Operator is providing Transportation Network Services.</text> </paragraph> <paragraph num="(c)"> <text>Complies with the requirements of Public Utilities Article, §10-405, Annotated Code of Maryland.</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>If the primary insurance required by Public Utilities Article, §10-405, Annotated Code of Maryland is maintained by a Transportation Network Operator and lapses or fails to provide the amount of coverage required, then the insurance maintained by a Transportation Network Company shall provide such coverage from the first dollar of a claim and provide for the duty to defend such claim pursuant to Public Utilities Article, §10-405(c), Annotated Code of Maryland.</text> </paragraph> </paragraph> <paragraph num="C."> <text>A company that received a motor carrier permit prior to the effective date of these regulations may operate as a Transportation Network Company without obtaining another permit, provided the company otherwise complies with all statutory and regulatory requirements applicable to Transportation Network Companies.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".21" heading="Transportation Network Operator’s Licenses."> <paragraph num="A."> <text>An individual who wishes to operate as a Transportation Network Operator shall apply for a Transportation Network Operator’s License, which may be done through a TNC.</text> </paragraph> <paragraph num="B."> <text>A TNC may file with the Commission an application for a temporary operator’s license on behalf of a Transportation Network Operator.</text> </paragraph> <paragraph num="C."> <text>Once a TNC submits a completed application for a temporary operator’s license, the Commission shall render a decision on the application and issue or deny a temporary license within a reasonable period following the receipt of a completed application. An application for a temporary operator’s license shall not be considered complete unless it includes a background check as described in Public Utilities Article, §10-404(b), Annotated Code of Maryland that was performed within the twelve months preceding the date of the application.</text> </paragraph> <paragraph num="D."> <text>During the review process described in §(C) of this regulation, a Transportation Network Operator whose application is pending before the Commission is authorized to operate as a Transportation Network Operator on a provisional basis until the Commission renders a decision on the application for temporary license.</text> </paragraph> <paragraph num="E."> <text>After April 1, 2016, upon expiration of a temporary operator’s license issued by the Commission, a Transportation Network Operator who wishes to continue operating as a Transportation Network Operator shall provide a fingerprint supported State and FBI background investigators’ record check to the Commission, unless the Commission has granted the Transportation Network Operator’s Transportation Network Company a waiver under Public Utilities Article, §10-404(e), Annotated Code of Maryland.</text> </paragraph> <paragraph num="F."> <text>The Commission shall issue a Transportation Network Operator’s License of up to 3 years to a Transportation Network Operator upon receipt of a fingerprint supported State and FBI background investigators record check, unless the results of the record checks show that the applicant has been convicted of a crime or driving offense that bears a direct relationship to the applicant’s fitness to serve the public as a for-hire driver.</text> </paragraph> <paragraph num="G."> <text>If the Commission has granted a Transportation Network Company a waiver under Public Utilities Article, §10-404(e), Annotated Code of Maryland, the Commission shall issue the Transportation Network Operator a Transportation Network Operator’s License of up to 3 years upon completing its review of a qualifying application, unless the results of the background checks show that the applicant has been convicted of a crime or driving offense that bears a direct relationship to the applicant’s fitness to serve the public as a for-hire driver.</text> </paragraph> <paragraph num="H."> <text>In order to obtain a waiver under Public Utilities Article, §10-404(e), Annotated Code of Maryland, a Transportation Network Company must demonstrate that the background check it uses meets the requirements of Public Utilities Article, §10-404(b), Annotated Code of Maryland and is as comprehensive and accurate as complying with the supplemental criminal background check as set forth under Public Utilities Article, §10-104(b), Annotated Code of Maryland.</text> </paragraph> <paragraph num="I."> <text>A person who holds a valid passenger-for-hire driver’s license issued by the Commission may obtain a Transportation Network Operator’s License with the same expiration date as the passenger-for-hire driver’s license, without providing a new background check, provided that the person otherwise complies with all statutory and regulatory provisions applicable to Transportation Network Operators.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".22" heading="Transportation Network Operator."> <text>A Transportation Network Operator shall:</text> <paragraph num="A."> <text>Comply with all applicable Commission, vehicle inspection, and insurance requirements;</text> </paragraph> <paragraph num="B."> <text>Accept only transportation arranged through a TNC’s digital network and shall not solicit or accept street-hails;</text> </paragraph> <paragraph num="C."> <text>Display a TNC identification defined under Regulation .24A(6) and (7) of this chapter at any time that the operator is logged onto a TNC’s digital network;</text> </paragraph> <paragraph num="D."> <text>Possess a valid driver’s license;</text> </paragraph> <paragraph num="E."> <text>Be at least 18 years of age, and have at least 6 months of licensed driving experience; and</text> </paragraph> <paragraph num="F."> <text>Upon request, provide the Commission with a valid motor vehicle safety inspection certificate.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".23" heading="Transportation Network Company Operator Vehicle Permits."> <paragraph num="A."> <text>An individual who wishes to operate as a Transportation Network Operator may apply for a vehicle permit through a TNC.</text> </paragraph> <paragraph num="B."> <text>A TNC is authorized to file with the Commission an application for a vehicle permit.</text> </paragraph> <paragraph num="C."> <text>The Commission shall issue a vehicle permit for a Transportation Network Operator Vehicle upon receipt and review of a complete application. An application will be deemed complete if it contains:</text> <paragraph num="(1)"> <text>A copy of the valid vehicle registration for the Transportation Network Operator Vehicle;</text> </paragraph> <paragraph num="(2)"> <text>A copy of a valid safety inspection certificate; and</text> </paragraph> <paragraph num="(3)"> <text>Proof that the vehicle complies with all insurance requirements set forth in Public Utilities Article, §10-405, Annotated Code of Maryland.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Once a TNC submits a completed application for a permit, the Commission shall render a decision on the application and issue or deny a permit within a reasonable period following the receipt of a completed application.</text> </paragraph> <paragraph num="E."> <text>A Transportation Network Operator whose application is pending before the Commission is authorized to operate their Transportation Network Operator Vehicle on a provisional basis until the Commission renders a decision on the application.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".24" heading="Transportation Network Company Operator Vehicle."> <text>A Transportation Network Operator Vehicle shall:</text> <paragraph num="A."> <text>Have, or have applied for and not been denied, a permit from the Commission authorizing its operation;</text> </paragraph> <paragraph num="B."> <text>Have a manufacturers rated seating capacity of no more than 8 passengers including the driver;</text> </paragraph> <paragraph num="C."> <text>Not exceed more than 12 model years age, except as provided in Regulation .11A(6) of this chapter;</text> </paragraph> <paragraph num="D."> <text>Comply with all required equipment and minimum safety standards as defined in Regulation .11 of this chapter;</text> </paragraph> <paragraph num="E."> <text>Comply with all insurance requirements as defined in Public Utilities Article, §10-405, Annotated Code of Maryland; and</text> </paragraph> <paragraph num="F."> <text>At all times while engaged on the TNC platform display on the vehicle’s rear passenger side window, a consistent and distinctive TNC identification, approved by the Commission, consisting of a logo, insignia, or emblem. The TNC identification shall be:</text> <paragraph num="(1)"> <text>Sufficiently large and color contrasted so as to be readable during daylight hours at a distance of at least 50 fee;</text> </paragraph> <paragraph num="(2)"> <text>Reflective or otherwise patently visible in darkness; and</text> </paragraph> <paragraph num="(3)"> <text>Displayed in a manner that complies with Maryland motor vehicle laws.</text> </paragraph> </paragraph> <paragraph num="G."> <text>The TNC identification may take the form of a removable device.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".25" heading="Accessibility and Non-Discrimination."> <paragraph num="A."> <text>For purposes of this regulation, “Accessible” means fully and equally accessible to and independently usable by individuals with disabilities so that the individuals are able to acquire the same information, engage in the same interactions, and enjoy the same services as users without disabilities, with substantially equivalent ease of use.</text> </paragraph> <paragraph num="B."> <text>By July 1, 2016, a carrier or TNC that operates five or more vehicles under its permit shall:</text> <paragraph num="(1)"> <text>Ensure that the company’s websites and mobile applications are accessible to the blind and visually impaired and the deaf and hard of hearing; and</text> </paragraph> <paragraph num="(2)"> <text>Provide a report to the Commission Staff, on how the company intends to increase access to wheelchair accessible public or private vehicle-for-hire service to individuals with disabilities.</text> </paragraph> </paragraph> <paragraph num="C."> <text>A company that provides for-hire transportation, including a Transportation Network Company shall not:</text> <paragraph num="(1)"> <text>Impose additional or special charges on an individual with a disability for providing services to accommodate the individual; or</text> </paragraph> <paragraph num="(2)"> <text>Require an individual with a disability to be accompanied by an attendant.</text> </paragraph> </paragraph> <paragraph num="D."> <text>If an owner, operator, or Transportation Network Operator accepts a ride request from a passenger with a disability who uses a mobility device, upon picking up the passenger, the operator or Transportation Network Operator shall stow the passenger’s mobility equipment in the vehicle if the vehicle is capable of stowing the equipment.</text> </paragraph> <paragraph num="E."> <text>If a passenger or driver determines that the vehicle is not capable of stowing the equipment, the owner or Transportation Network Company may not charge a trip cancellation fee or, if such fee is charged, shall provide the passenger with a refund in a timely manner.</text> </paragraph> <paragraph num="F."> <text>All companies that provide for-hire transportation, and all Transportation Network Operators, shall comply with all applicable laws related to accommodation of service animals.</text> </paragraph> <paragraph num="G."> <text>All companies that provide for-hire transportation, including Transportation Network Companies, shall provide their drivers detailed information and appropriate training regarding the requirements of laws governing non-discrimination and accessibility, including the Americans with Disabilities Act, prior to allowing them to provide service to passengers to the extent applicable.</text> </paragraph> <paragraph num="H."> <text>By July 1 of each year, a carrier or TNC that operates five or more vehicles under its permit , shall report to the Commission Staff:</text> <paragraph num="(1)"> <text>the steps it has taken during the preceding twelve months to ensure and upgrade the accessibility of the company’s services; and</text> </paragraph> <paragraph num="(2)"> <text>the number of complaints or other notifications received regarding an inability or failure to accommodate a person with a disability.</text> </paragraph> </paragraph> <paragraph num="I."> <text>Transportation Network Companies, Transportation Network Operators, owners, and operators that provide platforms allowing drivers to rate passengers shall ensure that such ratings are not based on unlawful discrimination, and that drivers do not discriminate against passengers or potential passengers on the basis of geographic endpoints of the ride, race, color, national origin, religion, sex, disability, age, or sexual orientation/identity.</text> </paragraph> <paragraph num="J."> <text>The Maryland Office of People’s Counsel shall have access to the reports filed under §§B and H of this regulation, upon request.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".26" heading="Licensure — Driver Screening Standards."> <paragraph num="A."> <text>General. As used in this regulation, the terms “conviction” and “convicted of” include a finding of guilt in a criminal or motor vehicle proceeding, the entry of the plea of guilty or nolo contendere, a probation before judgment if the applicant has not yet completed the terms of the probation or if the applicant has been found to have violated the terms of probation, or has been found not criminally responsible pursuant to Maryland Rule 4-134. The terms of an applicant’s probation before judgment will be determined by referencing the sentencing and disposition date information contained in the background check or criminal history report provided with the application. Unless the background check or criminal history report indicates otherwise, there will be a presumption that the terms of the probation before judgment have been completed within the period indicated on the report and that the applicant has not violated the terms of the probation.</text> </paragraph> <paragraph num="B."> <text>Criminal Offenses.</text> <paragraph num="(1)"> <text>Tier 1 Felony Offenses involving a Crime of Violence. An individual may be denied a license for an indefinite period if the individual has been convicted of a crime of violence, as defined by Criminal Law Article, §14-101, Annotated Code of Maryland, including any conspiracy, solicitation, attempt, or accessory to such crime of violence. Crimes of violence include:</text> <paragraph num="(a)"> <text>Abduction;</text> </paragraph> <paragraph num="(b)"> <text>Arson in the first degree;</text> </paragraph> <paragraph num="(c)"> <text>Kidnapping;</text> </paragraph> <paragraph num="(d)"> <text>Manslaughter, except involuntary manslaughter;</text> </paragraph> <paragraph num="(e)"> <text>Mayhem;</text> </paragraph> <paragraph num="(f)"> <text>Maiming;</text> </paragraph> <paragraph num="(g)"> <text>Murder;</text> </paragraph> <paragraph num="(h)"> <text>Rape;</text> </paragraph> <paragraph num="(i)"> <text>Robbery, as defined by Criminal Law Article, §3-402 or 3-403, Annotated Code of Maryland, including robbery with a deadly weapon;</text> </paragraph> <paragraph num="(j)"> <text>Carjacking;</text> </paragraph> <paragraph num="(k)"> <text>Armed carjacking;</text> </paragraph> <paragraph num="(l)"> <text>Sexual offense in the first degree;</text> </paragraph> <paragraph num="(m)"> <text>Sexual offense in the second degree;</text> </paragraph> <paragraph num="(n)"> <text>Use of a handgun in the commission of a felony or other crime of violence;</text> </paragraph> <paragraph num="(o)"> <text>Child abuse in the first degree under Criminal Law Article, §3-601, Annotated Code of Maryland;</text> </paragraph> <paragraph num="(p)"> <text>Sexual abuse of a minor under Criminal Law Article, §3-602, Annotated Code of Maryland, if:</text> <paragraph num="(i)"> <text>The victim is under the age of 13 years and the offender is an adult at the time of the offense; and</text> </paragraph> <paragraph num="(ii)"> <text>The offense involved vaginal intercourse, as defined in Criminal Law Article, §3-301, Annotated Code of Maryland; a sexual act, as defined in Criminal Law Article, §3-301, Annotated Code of Maryland; an act in which a part of the offender’s body penetrates, however slightly, into the victim’s genital opening or anus; or the intentional touching, not through the clothing, of the victim’s or the offender’s genital, anal, or other intimate area for sexual arousal, gratification, or abuse;</text> </paragraph> </paragraph> <paragraph num="(q)"> <text>An attempt to commit any of the crimes as described in §B(1)(a)—(p) of this regulation;</text> </paragraph> <paragraph num="(r)"> <text>Continuing course of conduct with a child under Criminal Law Article, §3-315, Annotated Code of Maryland;</text> </paragraph> <paragraph num="(s)"> <text>Assault in the first degree;</text> </paragraph> <paragraph num="(t)"> <text>Assault with intent to murder;</text> </paragraph> <paragraph num="(u)"> <text>Assault with intent to rape;</text> </paragraph> <paragraph num="(v)"> <text>Assault with intent to rob;</text> </paragraph> <paragraph num="(w)"> <text>Assault with intent to commit a sexual offense in the first degree; and</text> </paragraph> <paragraph num="(x)"> <text>Assault with intent to commit a sexual offense in the second degree.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Tier 2 Felony Offenses Other than Tier 1 Crimes of Violence. An individual may be denied a license if, within the 7-year period prior to the date of submission of the application, the individual has been convicted of any felony offense that is not defined as a crime of violence under Criminal Law Article, §14-101, Annotated Code of Maryland. Tier 2 felony offenses include:</text> <paragraph num="(a)"> <text>Any felony offense against a person including any assault or assault and battery that is not defined as a Tier 1 crime of violence as described in §B(1) of this regulation, or any threat to commit such crime, or any violation of a restraining order;</text> </paragraph> <paragraph num="(b)"> <text>Any felony offense involving the illegal use or possession of weapons;</text> </paragraph> <paragraph num="(c)"> <text>Any felony offense involving the possession, importation, manufacture, distribution, or registration of a controlled dangerous substance, prescription drug, or other substance;</text> </paragraph> <paragraph num="(d)"> <text>Any felony offense involving the manufacture, sale, transport, or possession of explosives, or the intent to create an explosive device;</text> </paragraph> <paragraph num="(e)"> <text>Any felony offense involving criminal sexual assault that is not defined as a Tier 1 crime of violence as described in §B(1) of this regulation, any type of sexual abuse, solicitation, pandering, prostitution, pimping, obscenity, pornography, possession of obscene material, exploitation, public indecency, sexual relations within families, or sexual misconduct;</text> </paragraph> <paragraph num="(f)"> <text>Any felony property offenses that are not defined as a Tier 1 crime of violence as described in §B(1) of this regulation, including arson and burning, burglary and related crimes including home invasion, malicious destruction and related crimes, trespass, or crimes against a railroad;</text> </paragraph> <paragraph num="(g)"> <text>Any felony theft and related offenses; fraud and related offenses; offenses against public administration; offenses against public health, conduct, and sensibilities; indecency and obscenity; or gaming.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Misdemeanor Offenses — Crimes of Violence. Except for driving offenses as described in §B of this regulation, an individual may be denied a license if, within a 3-year period prior to the date of the submission of the application, the individual has been convicted of any crime classified as a misdemeanor in the state of Maryland that involves violence against a person, including any conspiracy, solicitation, attempt, or accessory to such crime of violence.</text> </paragraph> <paragraph num="(4)"> <text>Multiple Disqualifying Offenses. Individuals who have been convicted of multiple criminal offenses as described in §B(2) and (3) of this regulation shall be subject to the following exclusion periods.</text> <paragraph num="(a)"> <text>Two or more felonies offenses — An individual may be denied a license if, within 10 years prior to the date of submission of the application the individual has been convicted of two or more Tier 2 felony offenses as described in §B(2) of this regulation, provided these crimes arose out of separate incidents.</text> </paragraph> <paragraph num="(b)"> <text>Three or more misdemeanor crimes of violence — An individual may be denied a license if, within 7 years prior to the date of submission of the application, the individual has been convicted of three or more misdemeanors as described in §B(3) of this regulation, provided each of these offenses arose out of separate incidents.</text> </paragraph> </paragraph> </paragraph> <paragraph num="C."> <text>Driving Offenses.</text> <paragraph num="(1)"> <text>Major Traffic Offenses Involving Fatalities. An individual may be denied a license for an indefinite period if the individual has been convicted of a traffic violation involving the negligent or reckless operation of a motor vehicle that resulted in a fatality, including but not limited to crimes of motor vehicle manslaughter, homicide by motor vehicle, and negligent homicide.</text> </paragraph> <paragraph num="(2)"> <text>Major Traffic Offenses Involving Alcohol or Controlled Substances.</text> <paragraph num="(a)"> <text>An individual may be denied a license if, within the 7-year period prior to the date of submission of the application, the individual has been convicted of a single major traffic violation involving the operation of a motor vehicle while under the influence of alcohol or a controlled substance; violating an interlock or alcohol restriction, leaving the scene of an accident, fleeing or evading police or resisting arrest while operating a motor vehicle or driving a motor vehicle when, as a result of a violation involving the use of alcohol or a controlled substance, the individual’s license is revoked, suspended, or canceled.</text> </paragraph> <paragraph num="(b)"> <text>If, within 15 years prior to the date of submission of the application, an individual has been convicted of 2 or more major traffic violations as described in §C(2)(a) of this regulation, the individual may be denied a license.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Major Traffic Violations Not Related to Driving While Impaired by Alcohol or Controlled Substance.</text> <paragraph num="(a)"> <text>An individual may be denied a license if, within the 3-year period prior to the date of the application, the individual has been convicted of reckless or negligent driving, use of a text messaging device while driving or use of a handheld telephone while driving as described in the Maryland Transportation Article, §§21-1124.1 and 21-1124.2, Annotated Code of Maryland, if such use results in personal injury as noted on the applicant’s driving history report or Maryland Transportation Article, §21-1124.3, Annotated Code of Maryland, failure to stop for a police officer, speeding 31 MPH or more over the posted speed limit, street or drag racing, driving after the individual’s license has been withdrawn or revoked, driving with a counterfeit or altered license or making a material misrepresentation about a driving license or, as a result of the refusal of a chemical test, the individual’s license is revoked or suspended.</text> </paragraph> <paragraph num="(b)"> <text>An individual may be denied a license if, within the 5-year period prior to the date of the application, the individual has been convicted of two or more major traffic violations as described in §C(3) of this regulation.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>Multiple Moving Traffic Violations. An individual may be denied a license if, within the 4-year period prior to the date of the application, the individual has been convicted of four moving traffic violations.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Offenses in Other Jurisdictions. All criminal and driving offenses described in this regulation are to be construed as including all violations of Maryland law and like or substantially similar violations of the laws of another state, the United States, a military, territorial or Native American tribal authority, or any other jurisdiction.</text> </paragraph> <paragraph num="E."> <text>Additional Factors — Mitigating or Aggravating. The Commission may consider the following factors in determining whether to grant a license prior to the expiration of the restriction periods as described in this section:</text> <paragraph num="(1)"> <text>The applicant’s age at the time of the commission of any crime or traffic violation;</text> </paragraph> <paragraph num="(2)"> <text>The circumstances surrounding the crime or traffic violation;</text> </paragraph> <paragraph num="(3)"> <text>The time elapsed since conviction;</text> </paragraph> <paragraph num="(4)"> <text>The nature of the crime or traffic violation;</text> </paragraph> <paragraph num="(5)"> <text>The number and frequency of convictions for criminal offenses or traffic violations;</text> </paragraph> <paragraph num="(6)"> <text>Documented character references;</text> </paragraph> <paragraph num="(7)"> <text>Documented treatment and/or rehabilitation records;</text> </paragraph> <paragraph num="(8)"> <text>Favorable parole/probation records;</text> </paragraph> <paragraph num="(9)"> <text>Documentation of favorable employment records;</text> </paragraph> <paragraph num="(10)"> <text>Family situation;</text> </paragraph> <paragraph num="(11)"> <text>Restitution made or being made to victims of the crime;</text> </paragraph> <paragraph num="(12)"> <text>Conduct since conviction;</text> </paragraph> <paragraph num="(13)"> <text>The applicant’s overall driving record during the restriction period; and</text> </paragraph> <paragraph num="(14)"> <text>The length of time the applicant has held a driving privilege. If the individual has been incarcerated, the applicant’s driving record since release from incarceration.</text> </paragraph> </paragraph> <paragraph num="F."> <text>Open Charges in Pending Applications. The Commission may defer a decision on a pending application until any open Tier 1 or Tier 2 Criminal Offenses as described in §A of this regulation or major traffic violations as described in §B of this regulation are resolved.</text> </paragraph> <paragraph num="G."> <text>Sex Offender Registry. An individual may be denied a license for an indefinite period if the individual is listed on the national sex offender registry or the sex offender registry of any state.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Public Utilities Article, §§2-113, 2-121, 4-503, 5-101, 5-106, 9-101—9-103, 9-201—9-205, 9-207, 10-101—10-104, 10-104.1, 10-105, 10-106, 10-108, 10-401—10-407, 13-101, 13-201, and 13-202; State Government Article, §7-207(a); Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: January 1, 1928 (Order No. 12184)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 amended effective December 9, 1991 (18:24 Md. R. 2646); June 7, 1993 (20:11 Md. R. 916); July 31, 1995 (22:15 Md. R. 1122)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03B amended effective March 28, 2016 (43:6 Md. R. 411); February 26, 2018 (45:4 Md. R. 207)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04 amended effective October 25, 1929 (Order No. 15012); June 7, 1993 (20:11 Md. R. 916); July 31, 1995 (22:15 Md. R. 1122)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05 repealed effective January 20, 1992 (19:1 Md. R. 35)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05 adopted effective June 7, 1993 (20:11 Md. R. 916)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06 amended effective January 23, 1981 (8:2 Md. R. 117)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06 repealed and new Regulation .06 adopted effective January 20, 1992 (19:1 Md. R. 35)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06 amended as an emergency provision effective June 15, 2001 (28:15 Md. R. 1395); emergency status expired December 15, 2001</annotation> <annotation type="History" subtype="Administrative History">Regulation .06 amended effective March 28, 2016 (43:6 Md. R. 411)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06A amended effective June 15, 1998 (25:12 Md. R. 948)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06B amended effective November 9, 1992 (19:22 Md. R. 1989); June 7, 1993 (20:11 Md. R. 916); August 15, 1994 (21:16 Md. R. 1390); December 24, 2005 (28:25 Md. R. 2194); June 20, 2005 (32:12 Md. R. 1047); March 26, 2007 (34:6 Md. R. 629)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06C adopted effective June 7, 1993 (20:11 Md. R. 916)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06C amended effective February 13, 2006 (33:3 Md. R. 244)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07 repealed and new Regulation .07 adopted effective June 7, 1993 (20:11 Md. R. 916)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08 repealed and new Regulation .08 adopted effective June 7, 1993 (20:11 Md. R. 916)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08 amended effective December 27, 1999 (26:26 Md. R. 1959)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08B, C, D, E amended effective March 28, 2016 (43:6 Md. R. 411)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08F, G, H, I, J adopted effective March 28, 2016 (43:6 Md. R. 411)</annotation> <annotation type="History" subtype="Administrative History">Regulation .09 repealed and new Regulation .09 adopted effective June 7, 1993 (20:11 Md. R. 916)</annotation> <annotation type="History" subtype="Administrative History">Regulation .09 repealed effective March 28, 2016 (43:6 Md. R. 411)</annotation> <annotation type="History" subtype="Administrative History">Regulation .10 repealed and new Regulation .10 adopted effective June 7, 1993 (20:11 Md. R. 916)</annotation> <annotation type="History" subtype="Administrative History">Regulation .11 repealed and new Regulation .11 adopted effective June 7, 1993 (20:11 Md. R. 916)</annotation> <annotation type="History" subtype="Administrative History">Regulation .11 amended as an emergency provision effective June 15, 2001 (28:15 Md. R. 1395)</annotation> <annotation type="History" subtype="Administrative History">Regulation .11 amended effective March 28, 2016 (43:6 Md. R. 411); February 26, 2018 (45:4 Md. R. 207); February 7, 2022 (49:3 Md. R. 139)</annotation> <annotation type="History" subtype="Administrative History">Regulation .11A amended effective March 26, 2007 (34:6 Md. R. 629)</annotation> <annotation type="History" subtype="Administrative History">Regulation .11B amended effective December 24, 2001 (28:25 Md. R. 2194)</annotation> <annotation type="History" subtype="Administrative History">Regulation .12 repealed and new Regulation .12 adopted effective June 7, 1993 (20:11 Md. R. 916)</annotation> <annotation type="History" subtype="Administrative History">Regulation .12 amended effective March 28, 2016 (43:6 Md. R. 411)</annotation> <annotation type="History" subtype="Administrative History">Regulation .12C adopted effective October 25, 1929 (Order No. 15012)</annotation> <annotation type="History" subtype="Administrative History">Regulations .13 repealed effective June 7, 1993 (20:11 Md. R. 916)</annotation> <annotation type="History" subtype="Administrative History">Regulations .14 repealed effective June 7, 1993 (20:11 Md. R. 916)</annotation> <annotation type="History" subtype="Administrative History">Regulations .15 repealed effective June 7, 1993 (20:11 Md. R. 916)</annotation> <annotation type="History" subtype="Administrative History">Regulation .15D, E amended effective January 1, 1932 (Order No. 17987)</annotation> <annotation type="History" subtype="Administrative History">Regulation .15F amended effective January 23, 1981 (8:2 Md. R. 117)</annotation> <annotation type="History" subtype="Administrative History">Regulation .15G adopted effective May 10, 1935 (Order No. 26943)</annotation> <annotation type="History" subtype="Administrative History">Regulation .15L, M adopted effective January 1, 1932 (Order No. 17987)</annotation> <annotation type="History" subtype="Administrative History">Regulation .16 amended effective January 23, 1981 (8:2 Md. R. 117)</annotation> <annotation type="History" subtype="Administrative History">Regulations .16 repealed effective June 7, 1993 (20:11 Md. R. 916)</annotation> <annotation type="History" subtype="Administrative History">Regulation .17 adopted effective April 15, 1991 (18:7 Md. R. 774)</annotation> <annotation type="History" subtype="Administrative History">Regulation .17 amended effective December 9, 1991 (18:24 Md. R. 2646)</annotation> <annotation type="History" subtype="Administrative History">Regulation .17 repealed effective July 31, 1995 (22:15 Md. R. 1122)</annotation> <annotation type="History" subtype="Administrative History">Regulation .18 adopted effective December 9, 1991 (18:24 Md. R. 2646)</annotation> <annotation type="History" subtype="Administrative History">Regulation .18A amended effective April 10, 1995 (22:7 Md. R. 539)</annotation> <annotation type="History" subtype="Administrative History">Regulation .18B amended effective September 28, 1992 (19:19 Md. R. 1714)</annotation> <annotation type="History" subtype="Administrative History">Regulation .19 adopted effective April 10, 1995 (22:7 Md. R. 539)</annotation> <annotation type="History" subtype="Administrative History">Regulation .19A, B amended effective March 28, 2016 (43:6 Md. R. 411)</annotation> <annotation type="History" subtype="Administrative History">Regulation .19B amended effective June 17, 1996 (23:12 Md. R. 873)</annotation> <annotation type="History" subtype="Administrative History">Regulation .19C repealed effective March 11, 1996 (23:5 Md. R. 384)</annotation> <annotation type="History" subtype="Administrative History">Regulation .19C, D adopted effective March 28, 2016 (43:6 Md. R. 411)</annotation> <annotation type="History" subtype="Administrative History">Regulations .20—.25 adopted effective March 28, 2016 (43:6 Md. R. 411)</annotation> <annotation type="History" subtype="Administrative History">Regulation .22F amended effective February 26, 2018 (45:4 Md. R. 207)</annotation> <annotation type="History" subtype="Administrative History">Regulation .23C amended effective February 26, 2018 (45:4 Md. R. 207)</annotation> <annotation type="History" subtype="Administrative History">Regulation .24C, F amended effective February 26, 2018 (45:4 Md. R. 207)</annotation> <annotation type="History" subtype="Administrative History">Regulation .26 adopted effective February 26, 2018 (45:4 Md. R. 207)</annotation> </annotations> </chapter> <chapter num="02" heading="Overhead Clearances of Railroads"> <regulation prefix="Regulation" num=".01" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Height of a freight car” means the distance between the top of the rail and the top of the running board.</text> </paragraph> <paragraph num="(2)"> <text>“Main track” means track on which the authorized speed of freight trains is in excess of 30 miles per hour.</text> </paragraph> <paragraph num="(3)"> <text>“Overhead clearance” means the vertical distance from the level of the top of the highest rail to a structure or obstruction above.</text> </paragraph> <paragraph num="(4)"> <text>“Side of a freight car” means that part or appurtenance of a car at the maximum distance measured at right angles from the center line of the car.</text> </paragraph> <paragraph num="(5)"> <text>“Side clearance” means the shortest distance from the center line of track to a structure or obstruction at the side of track.</text> </paragraph> <paragraph num="(6)"> <text>“Width of a freight car” means twice the distance from the center line to the side of a car as defined in these regulations.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Exemptions."> <paragraph num="A."> <text>Nothing in this chapter shall be construed as preventing the movement or distribution of material over tracks when that material is necessary in the construction or maintenance of the tracks, nor in the movement of special work equipment used in the construction, maintenance, or operation of the railroad, provided those movements shall be carried on under conditions reasonably necessary to provide for the safety of all concerned.</text> </paragraph> <paragraph num="B."> <text>If, in any particular case, exemption from any of the requirements of these regulations is deemed necessary by the carrier concerned, the Commission will consider the application of the carrier for the exemption when accompanied by a full statement of the conditions existing and the reason why the exemption is asked. An exemption so granted will be limited to the particular case covered by the application.</text> </paragraph> <paragraph num="C."> <text>The Commission reserves the right to modify any of the provisions of these regulations in specific cases when, in the Commission's opinion, public safety, convenience, or necessity would be served by so doing.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Overhead Clearances."> <paragraph num="A."> <text>The minimum overhead clearance above railroad tracks which are used or proposed to be used for transporting freight cars shall be 22 feet, except as otherwise provided in these regulations. Structures constructed before July 28, 1953 may be maintained at existing clearances and additional tracks may be constructed and existing tracks reconstructed under them at the same clearances.</text> </paragraph> <paragraph num="B."> <text>The overhead clearance above the top of the rail of tracks located at the entrance and inside of buildings may be reduced to 18 feet provided that:</text> <paragraph num="(1)"> <text>This clearance applies only to tracks terminating within the building; and</text> </paragraph> <paragraph num="(2)"> <text>When an overhead clearance of less than 22 feet exists on tracks inside the buildings, all cars, trains, motors, engines, or other equipment shall be brought to a stop before entering the buildings.</text> </paragraph> </paragraph> <paragraph num="C."> <text>The clearances provided in this regulation do not apply to the electric wires and equipment required over present and future tracks for the operation of trains by electric energy, provided the carriers concerned promulgate and enforce regulations that prohibit any employee from being on the top of cars while being operated under lower clearances than provided for in this regulation.</text> </paragraph> <paragraph num="D."> <text>The clearances provided in this regulation do not apply to engine houses, engine house facilities, tipples, or facilities used for the loading or unloading of bulk commodities.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Side Clearances."> <paragraph num="A."> <text>Minimum side clearances from the center line of tangent railroad tracks, which are used or proposed to be used for transporting freight cars, except as otherwise prescribed in these regulations, shall be as shown below. However, structures, including platforms and tracks, constructed before July 28, 1953, may be maintained and extended at the existing clearances.</text> </paragraph> <paragraph num="B."> <text>All structures and obstructions above the top of the rail except those specifically mentioned in these regulations are to have a minimum side clearance of 8 feet 6 inches.</text> </paragraph> <paragraph num="C."> <text>Platforms, except platforms adjacent to main or passing tracks 4 feet or less above the top of the rail, may have lesser clearances than 8 feet 6 inches from the center line of track on one side of the tracks only and where a full clearance of 8 feet 6 inches is maintained on the opposite side of the track or track centers to adjacent track are not less than 13 feet 6 inches.</text> </paragraph> <paragraph num="D."> <text>Platforms 4 feet 6 inches or less above the top of the rail when used principally for loading or unloading refrigerator cars may be constructed 8 feet from the center line of the track.</text> </paragraph> <paragraph num="E."> <text>Platforms previously constructed at clearances less than prescribed in these regulations may be extended at the lesser clearances unless the extension is in connection with the reconstruction of the original platform.</text> </paragraph> <paragraph num="F."> <text>Low passenger platforms not over 8 inches above the top of the rail may be 5 feet 1 inch from the center line of track. High passenger platforms not over 4 feet above the top of the rail may be 5 feet 7 inches from the center line of track.</text> </paragraph> <paragraph num="G."> <text>Side clearances, other than for platforms, on sidings only, at entrances to and inside of warehouse and industrial buildings shall be not less than 8 feet from the center line of track.</text> </paragraph> <paragraph num="H."> <text>Switchboxes, switch-operating mechanisms, and accessories necessary for the control and operation of signals and interlockers projecting 4 inches or less above the top of the rail shall be not less than 3 feet from the center line of track.</text> </paragraph> <paragraph num="I."> <text>The center spindle of signal and switch stands 3 feet or less above the top of the rail and located between tracks where not practicable to provide clearances otherwise prescribed in these regulations shall be not less than 6 feet from the center line of track.</text> </paragraph> <paragraph num="J."> <text>Through bridges supporting track affected, tunnels, water columns, and oil columns should be not less than 8 feet from the center line of track.</text> </paragraph> <paragraph num="K."> <text>The clearances for through bridges supporting track affected, water barrel platforms and refuge platforms on bridges and trestles not provided with walkways, handrails, water barrels, water columns, oil columns, block signals, cattle guards, and stock chutes when all or portions of them are 4 feet or less above the top of the rail, may be decreased to the extent defined by a line extending diagonally upward from a point level with the top of the rail and 5 feet distant laterally from the center line of track to a point 4 feet above the top of the rail and 8 feet distant laterally from the center line of track. However, the minimum clearance for handrails and water barrels on bridges with walkways shall be 7 feet 9 inches, and the minimum clearance for fences or cattle guards shall be 6 feet 9 inches.</text> </paragraph> <paragraph num="L."> <text>The lesser clearances authorized in §K, above, provided for handrails and water barrels, are not applicable to through bridges where the work of trainmen or yardmen require them to be upon the decks of the bridges for the purpose of coupling and uncoupling cars in the performance of switching service on a switching lead.</text> </paragraph> <paragraph num="M."> <text>The side clearances specified in these regulations do not apply to mail cranes during the times the arms of the mail cranes are supporting a mail sack for delivery, provided that the top arm is not then higher than 10 feet 8 inches above the top of the rail and neither arm extends to within 6 feet 5 inches from the center line of track.</text> </paragraph> <paragraph num="N."> <text>Icing platforms and supports shall have a minimum side clearance of 7 feet 8 inches.</text> </paragraph> <paragraph num="O."> <text>Operations over portions of track adjacent to icing platforms constructed before July 28, 1953 with a side clearance of less than 7 feet 8 inches shall be restricted except in emergencies to the movement or switching of trains containing refrigerator cars to be iced, and the necessary use of the tracks for the unloading of supplies required for the operation of the icing dock.</text> </paragraph> <paragraph num="P."> <text>Side clearances specified in these regulations do not apply to inter-track fences located on the center line between tracks.</text> </paragraph> <paragraph num="Q."> <text>The clearances provided in this regulation do not apply to engine houses, engine house facilities, tipples, or facilities used for the loading or unloading of bulk commodities.</text> </paragraph> <paragraph num="R."> <text>All minimum side clearances prescribed in this regulation are for tangent tracks. Structures adjacent to curve tracks shall have an additional minimum side clearance compensating for the curvature.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Overhead and Side Clearances."> <paragraph num="A."> <text>Clearances That May Be Decreased.</text> <paragraph num="(1)"> <text>The overhead and side clearances prescribed in these regulations may be decreased to the extent of a line extending diagonally downward from a point 4 feet from the center line of track 22 feet above the top of the rail to a point 8 feet 6 inches from the center line of track at 15 feet 3 inches above the top of the rail.</text> </paragraph> <paragraph num="(2)"> <text>For tracks located at entrances to and inside buildings with 18 feet overhead and 8 feet side clearance as prescribed in these regulations, the overhead and side clearances may be decreased to the extent of a line extending diagonally downward from a point 4 feet from the center line of track 18 feet above the top of the rail to a point 8 feet from the center line of track at 14 feet above the top of the rail.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Canopies at one side of track at freight platforms may be constructed at not less than 4 feet from the center line of track provided:</text> <paragraph num="(1)"> <text>The height of it is at least 17 feet 6 inches above the top of the rail; and</text> </paragraph> <paragraph num="(2)"> <text>Either of the following apply:</text> <paragraph num="(a)"> <text>A full clearance of 8 feet 6 inches is maintained on the opposite side of the track from the canopy, or</text> </paragraph> <paragraph num="(b)"> <text>Track centers to adjacent track are not less than 13 feet 6 inches.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Clearance Between Parallel Tracks."> <paragraph num="A."> <text>The minimum distance between the center lines of parallel tracks shall be not less than 14 feet for main tracks and not less than 13 feet 6 inches for yard and side tracks except as otherwise provided in these regulations.</text> </paragraph> <paragraph num="B."> <text>The center line of any track, except a main track or a passing track, parallel and adjacent to a main track or a passing track, shall be at least 15 feet from the center line of the main track or passing track. However, where a passing track is adjacent to and at least 15 feet distant from the main track, any other track may be constructed adjacent to the passing track with clearance of not less than 13 feet 6 inches.</text> </paragraph> <paragraph num="C."> <text>The center line of any ladder track, constructed parallel to any other adjacent track, shall have a clearance of not less than 18 feet from the center line of the other track, except that parallel ladder tracks shall have a clearance of not less than 19 feet center line to center line.</text> </paragraph> <paragraph num="D."> <text>The minimum distance between the center lines of parallel team, house, and industry tracks shall be not less than 13 feet.</text> </paragraph> <paragraph num="E."> <text>Tracks constructed before July 28, 1953 may be extended without increasing distances between tracks.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Other Conditions and Obstructions Adjacent to Tracks."> <paragraph num="A."> <text>Merchandise, material, or other articles may not knowingly be permitted to remain piled or assembled on the ground or on platforms adjacent to any track at a distance less than 8 feet 6 inches from the center line of track. On industrial tracks the responsibility for compliance with this regulation shall rest with the industry. A suitable line or other marker should be maintained at a distance of 8 feet 6 inches from the center line of track, on all platforms, excluding passenger platforms, to indicate the space along the edge of the platform which must be kept clear of merchandise, material, or other articles.</text> </paragraph> <paragraph num="B."> <text>The space between tracks ordinarily used by train and yardmen and other employees as a walkway in the discharge of their duties and the space beside the tracks within 8 feet 6 inches of the center line of track shall be kept in a reasonably suitable condition for that purpose.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Lesser Clearances Created Before July 28, 1953."> <text>Except as otherwise provided in these regulations, where the overhead or side clearances between a track and any building, structure, or facility are less than the minimum prescribed in these regulations, but were created before July 28, 1953, the minimum clearances prescribed in these regulations shall be provided whenever the building, structure, or facility is relocated or reconstructed. However, the Commission will consider specific requests for the future continuance of the prior clearances at the reconstructed building, structure, or facility when application for a continuance has been made as provided in Regulation .02B of this chapter.</text> </regulation> <regulation prefix="Regulation" num=".09" heading="Compliance."> <text>Except as provided in these regulations, a railroad corporation may not operate or permit to be operated any cars, trains, motors, engines, or other rolling equipment over its own tracks, or industrial sidings directly connected with its own tracks, or connected with its own tracks through other industrial sidings, on which overhead or side clearances, or clearances between tracks, are less than the minimum prescribed in these regulations, if the tracks or structures adjacent to the tracks are constructed or reconstructed subsequent to the effective date of these regulations by the railroad or by others where the railroad has the right to control the construction or reconstruction.</text> </regulation> <regulation prefix="Regulation" num=".10" heading="Due Care."> <text>These regulations do not constitute a finding by the Commission that compliance or noncompliance shall be determinative of the question of due care.</text> </regulation> <annotations> <annotation type="Authority">Public Utilities Article, §§2-121, 5-101, and 9-401—9-403, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: July 28, 1953 (Order No. 50138)</annotation> </annotations> </chapter> <chapter num="03" heading="Bulk Carriers of Flammable or Combustible Liquids"> <regulation prefix="Regulation" num=".01" heading="Authority."> <text>The Public Utilities Article, Annotated Code of Maryland, provides that the Commission shall have the power to make such reasonable regulations as it deems necessary to carry out the provisions of this law and any other law relating to the Commission.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Applicability."> <text>These regulations apply Statewide to all carriers performing intrastate operations for hire.</text> </regulation> <regulation prefix="Regulation" num=".03" heading="Saving Clause."> <text>The formulation of these regulations does not preclude the Commission from altering or amending them in whole or in part, or from requiring any other additional service, equipment, facility, or standard, either upon complaint or upon its own motion, or upon the application of a carrier. Furthermore, these standards do not relieve any carrier from any of its duties under any orders of the Public Service Commission which are not in conflict with them, or under the laws of this State.</text> </regulation> <regulation prefix="Regulation" num=".04" heading="Definitions."> <paragraph num="A."> <text>In this chapter, unless the language or context indicates that a different meaning is intended, the following terms shall have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Carrier” means the holder of a permit.</text> </paragraph> <paragraph num="(2)"> <text>“Carriers of flammables” means any motor vehicle:</text> <paragraph num="(a)"> <text>Common carrier which transports in bulk, in tank vehicles, any liquid which will give off flammable vapors at or below 300 degrees F, or any liquid which, when mixed with wood, sawdust, rags or similar organic substances, will cause spontaneous heating and ignition; and</text> </paragraph> <paragraph num="(b)"> <text>Contract carrier as further defined.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>“Commission” means the Public Service Commission of Maryland.</text> </paragraph> <paragraph num="(4)"> <text>“Contract carriers of flammables” means and includes any person which, under individual written contracts or agreements of a term or duration of not less than 90 days, within a limited number of persons, engages in the transportation, as a carrier of flammables, in bulk, for compensation within the State.</text> </paragraph> <paragraph num="(5)"> <text>“Operator” means a person engaged in driving a tank vehicle for which a permit has been issued.</text> </paragraph> <paragraph num="(6)"> <text>“Owner” means the individual, partnership, or company to whom a permit has been issued.</text> </paragraph> <paragraph num="(7)"> <text>“Permit” means a permit issued by the Public Service Commission.</text> </paragraph> <paragraph num="(8)"> <text>“Roads” means public streets or highways within the State.</text> </paragraph> <paragraph num="(9)"> <text>“State” means the State of Maryland.</text> </paragraph> <paragraph num="(10)"> <text>“Tank vehicles” includes all vehicles used in the transportation of inflammable or combustible liquids, in bulk, for compensation, upon the public streets or highways within the State.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Test for Flash Point."> <text>Tagliabue's Open Cup Tester is recognized as the measuring method in determining inflammable or combustible liquids which give off inflammable vapors at or below 300 degrees F.</text> </regulation> <regulation prefix="Regulation" num=".06" heading="Permit Requirements."> <paragraph num="A."> <text>A tank vehicle may not be used in the public intrastate transportation of flammables for hire over the improved streets or roads of this State, or any political subdivision of it, without a permit from the Commission to the owner.</text> </paragraph> <paragraph num="B."> <text>A permit (certificate) shall be required for a motor carrier when engaged in the carriage of flammables in bulk, within the scope of the definitions as provided by law. Permits shall be of two classes:</text> <paragraph num="(1)"> <text>Common carrier certificate (permits); and</text> </paragraph> <paragraph num="(2)"> <text>Contract carrier certificates (permits).</text> </paragraph> </paragraph> <paragraph num="C."> <text>Permits as contract carrier and common carrier of flammables may not be held by the same person.</text> </paragraph> <paragraph num="D."> <text>No person, or any person controlling, controlled by, or under common control with that person, may hold a permit as a common carrier authorizing operation for the transportation of flammables by motor vehicle within the State, if that person, or any controlling person, controlled person, or person under common control, holds a permit as a contract carrier authorizing operation for the transportation of flammables by motor vehicle within the same territory, in the State.</text> </paragraph> <paragraph num="E."> <text>No person, or any person controlling, controlled by, or under common control with that person, may hold a permit as a contract carrier authorizing operation for the transportation of flammables by motor vehicle within the State, if that person, or any controlling person, controlled person, or person under common control, holds a permit as a common carrier authorizing operation for the transportation of flammables by motor vehicle within the same territory, in the State.</text> </paragraph> <paragraph num="F."> <text>Nothing in these regulations shall be construed as invalidating any action lawfully taken or rights lawfully acquired by any person before June 1, 1959.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Filing and Posting of Tariffs."> <text>Every carrier of inflammable or combustible liquids, in bulk, in tank vehicles, and for compensation, as defined in these regulations, shall file with the Commission a tariff schedule of its rates and charges. Copies of the schedules shall be plainly printed, shall be open to public inspection, and shall be posted in such manner as to be readily accessible to and conveniently inspected by the public, as may be ordered by the Commission. The schedules shall in all other respects be subject to the applicable tariff provisions of the law.</text> </regulation> <regulation prefix="Regulation" num=".08" heading="Permits."> <paragraph num="A."> <text>Application for Permits. All original applications for permits shall be made upon forms provided by the Commission, and shall be signed by the applicant. At the time of making the application, the applicant shall be given a copy of these regulations and shall certify in his application that he agrees to comply with them.</text> </paragraph> <paragraph num="B."> <text>Form of Permit. The permits shall be in such form as from time to time may be prescribed by the Commission, but in all instances shall contain the Commission's permit number, the name and address of the person or persons, association, or corporation to whom or to which issued. The grantee or grantees of a permit shall notify the Commission promptly of any change of address occurring after issuance of the permit.</text> </paragraph> <paragraph num="C."> <text>Duration of Permits. Permits issued to authorized carriers on or after September 1st in any year shall remain in effect until the expiration date shown on them, unless suspended or revoked or otherwise cancelled. Applications for renewal of permits shall be made not less than 15 days before the expiration date shown on the permit to be renewed.</text> </paragraph> <paragraph num="D."> <text>Revocation or Suspension of Permit.</text> <paragraph num="(1)"> <text>The violation of any of these regulations shall be sufficient cause for the revocation or suspension of a permit.</text> </paragraph> <paragraph num="(2)"> <text>If the grantee or grantees of a permit fail to keep the required insurance or bond in force, the Commission will summarily revoke the permits.</text> </paragraph> <paragraph num="(3)"> <text>The Commission may, in its discretion, suspend for a period not to exceed 6 months the permit of any carrier who is convicted of two or more violations of the conditions of the permit within a period of 1 year. Upon any conviction of three or more violations within a period of 1 year, the Commission may revoke the permit of the carrier and may not issue or reissue a permit to the carrier before the expiration of 1 year from the date of the revocation.</text> </paragraph> <paragraph num="(4)"> <text>Except as otherwise stated in these regulations, a permit may not be revoked or suspended until after an investigation and hearing held upon not less than 5 days' notice to the grantee or grantees of the permit. Notice of the hearing shall be in writing and shall be served upon the grantee, or upon one of the grantees if there is more than one, or upon the proper agent for service if the grantee is a corporation. The notice may be sent by mail to the address given in the application for permit, or to the changed address subsequently filed with the Commission. This mailing shall be as effective and binding as personal service. Whenever notice is given by mail, as provided in these regulations, the date of mailing shall be considered as the time when notice is served.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".09" heading="Vehicles."> <paragraph num="A."> <text>Identification of Vehicles. Every carrier operating one or more tank vehicles under permit of this Commission shall have its name or identification appear conspicuously upon the power unit of each vehicle. The permit number assigned by the Commission shall also appear prominently displayed upon each power unit. Tank vehicles transporting inflammable or combustible liquids having a flash point of 80 degrees or less shall be conspicuously or legibly marked FLAMMABLE on each side and the rear in letters at least 3 inches high on a background of sharply contrasting color.</text> </paragraph> <paragraph num="B."> <text>Physical and Mechanical Condition.</text> <paragraph num="(1)"> <text>All tank vehicles operating under the Commission's permit shall at all times be kept in proper physical and mechanical condition to render safe, adequate, and convenient service. Failure to keep a tank vehicle in proper condition shall be sufficient ground for the revocation or suspension of the permit.</text> </paragraph> <paragraph num="(2)"> <text>The regulations of the Interstate Commerce Commission, insofar as they relate to tank vehicles transporting flammable commodities as described in the Public Utilities Article, Annotated Code of Maryland, and to the extent that they are not contrary to or inconsistent with these regulations, shall apply to all carriers receiving permits from the Commission.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Inspection. Representatives of the Commission shall have the right at any time, after first identifying themselves, to enter into or upon any tank vehicle for the purpose of inspection or ascertaining whether or not any of these regulations have been violated. Refusal to comply with these regulations shall be sufficient ground for the revocation or suspension of the permit.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".10" heading="Operators."> <paragraph num="A."> <text>Qualification of Operation. A tank vehicle may not be driven by a person who:</text> <paragraph num="(1)"> <text>Is addicted to the use of narcotics or intoxicating liquor;</text> </paragraph> <paragraph num="(2)"> <text>Is not of good moral character;</text> </paragraph> <paragraph num="(3)"> <text>Is mentally deficient or physically defective to such an extent as to impair his ability to properly, conveniently, and efficiently operate the vehicle;</text> </paragraph> <paragraph num="(4)"> <text>Is not experienced in operating motor vehicles and fully competent to operate a tank vehicle; or</text> </paragraph> <paragraph num="(5)"> <text>Has not obtained an operator's or chauffeur's license, or both, as required by Maryland Law for drivers of motor vehicles.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Reckless or Unsafe Operation. An operator of a tank vehicle may not operate it recklessly, in an unsafe manner, or in disregard of the public general or local laws or municipal ordinances governing the operation of motor vehicles.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".11" heading="Insurance or Bond."> <paragraph num="A."> <text>Requirements. A motor vehicle transporting flammable or combustible liquids in bulk for which a permit is necessary may not be operated unless the carrier maintains a liability policy or a bond for that motor vehicle.</text> </paragraph> <paragraph num="B."> <text>Liability Insurance.</text> <paragraph num="(1)"> <text>If a carrier elects liability insurance coverage, the minimum insurance required for each tank vehicle is $1,000,000 combined single limit for each accident.</text> </paragraph> <paragraph num="(2)"> <text>The minimum cargo liability insurance required for freight transported is:</text> <paragraph num="(a)"> <text>$5,000 for loss of or damage to property carried on any one motor vehicle; and</text> </paragraph> <paragraph num="(b)"> <text>$10,000 for the aggregate loss of or damage to property occurring at any one time.</text> </paragraph> </paragraph> </paragraph> <paragraph num="C."> <text>Bond Instead of Insurance.</text> <paragraph num="(1)"> <text>If a carrier elects a bond instead of insurance, the amount of the bond is:</text> <paragraph num="(a)"> <text>Determined by the number of tank vehicles covered by and described in the bond; and</text> </paragraph> <paragraph num="(b)"> <text>As set out in the following table:</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>The bonding company shall guarantee the prompt payment by the carrier of indemnities for personal injuries or for property damage resulting from an accident due to the negligence of the carrier, to the extent of the damages sustained, but not less than $1,000,000 combined single limit for each accident.</text> </paragraph> <paragraph num="(3)"> <text>The penalty of the bond may not be exhausted by successive recoveries but shall remain unimpaired until the bond is cancelled.</text> </paragraph> <paragraph num="(4)"> <text>If the bond is cancelled or if the carrier's operation is terminated or interrupted at any time, the bonding company shall proceed to settle all then outstanding indemnity claims, as required under §C(2) of this regulation, except that the aggregate amount of the settlements may not exceed the penal sum of the bond.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Compliance.</text> <paragraph num="(1)"> <text>A carrier shall file with the Commission:</text> <paragraph num="(a)"> <text>An original certificate of insurance signed by an authorized agent of an insurance company, indicating that the policy has been issued, specifying the terms of the policy and the name of the insured; or</text> </paragraph> <paragraph num="(b)"> <text>A certified copy of the bond instead of the insurance showing similar information.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>The insurance company and the insurance broker shall be licensed to do business in Maryland as required by Insurance Article, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(3)"> <text>The Public Service Commission is to be shown as a certificate holder on the liability insurance policy.</text> </paragraph> <paragraph num="(4)"> <text>The certificate of insurance shall list (either typed on the face of the certificate or on the insurance company letterhead attached to the certificate) the year, make, and serial number of each motor vehicle that is covered by the insurance policy.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Notice.</text> <paragraph num="(1)"> <text>A liability insurance policy or bond instead of insurance under this regulation shall contain a clause requiring at least 10 days notice to the Commission and the insured before a policy or bond may be cancelled.</text> </paragraph> <paragraph num="(2)"> <text>The holder of a permit shall give the Commission at least 10 days written notice of any proposed change affecting the liability insurance policy or bond instead of insurance required by this regulation.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".12" heading="Uniform System of Accounts."> <paragraph num="A."> <text>The Commission adopts, effective January 1, 1963, the Uniform System of Accounts published by the Interstate Commerce Commission applicable to common and contract motor carriers of property as its uniform system of accounts for carriers of flammables. As may be necessary, the Commission will supplement these regulations so that proper accounting records will be maintained to provide the necessary accounts and data to calculate the operating ratio for the intrastate transportation of flammables.</text> </paragraph> <paragraph num="B."> <text>The Commission will, beginning with the calendar year 1963, provide an annual report form on which carriers of flammables shall submit appropriate intrastate operating statements and schedules.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".13" heading="Violations and Penalties."> <paragraph num="A."> <text>Violations.</text> <paragraph num="(1)"> <text>An owner of a motor vehicle who neglectfully and with prior knowledge causes or permits the violation of Public Utilities Article, Annotated Code of Maryland, or this chapter, may be guilty of a violation and subject to a civil penalty under this regulation as fully as though the owner was operating the motor vehicle personally at the time.</text> </paragraph> <paragraph num="(2)"> <text>In the case of a corporation, an officer, agent, or employee who violates, procures, aids, or abets any violation of Public Utilities Article, Annotated Code of Maryland, or this chapter, may be determined to be individually guilty of a violation.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Civil Penalty Violations. The following violations are subject to a civil penalty under Public Utilities Article, §13-202, Annotated Code of Maryland:</text> <paragraph num="(1)"> <text>Operating a motor vehicle after a permit is suspended or revoked;</text> </paragraph> <paragraph num="(2)"> <text>Failure to present a motor vehicle for inspection or file with the Commission an inspection certificate from an authorized inspection station;</text> </paragraph> <paragraph num="(3)"> <text>Failure to carry appropriate insurance under Regulation .11 of this chapter;</text> </paragraph> <paragraph num="(4)"> <text>Operating a motor vehicle which has been placed out of service;</text> </paragraph> <paragraph num="(5)"> <text>Operating a motor vehicle without a valid state driver's license;</text> </paragraph> <paragraph num="(6)"> <text>Operating a motor vehicle while under the influence of alcohol or drugs, as defined under State law;</text> </paragraph> <paragraph num="(7)"> <text>Violation of State or local law relating to motor vehicle traffic control, the violation of which directly contributed to the cause of a fatality;</text> </paragraph> <paragraph num="(8)"> <text>Reckless driving while operating a motor vehicle, as defined under State or local law;</text> </paragraph> <paragraph num="(9)"> <text>Leaving the scene of a motor vehicle accident while operating a motor vehicle;</text> </paragraph> <paragraph num="(10)"> <text>Operating a motor vehicle which has had recurring violations of the equipment and safety standards under Transportation Article, Title 22, Annotated Code of Maryland, and COMAR Title 11, committed with actual knowledge of and a conscious failure to avert the violation;</text> </paragraph> <paragraph num="(11)"> <text>Use of a motor vehicle subject to the provisions of this chapter before obtaining approval of the Commission;</text> </paragraph> <paragraph num="(12)"> <text>Falsification of a certification statement that a defect in a motor vehicle has been repaired;</text> </paragraph> <paragraph num="(13)"> <text>Operating a motor vehicle which has been placed out of service for the same violation more than two times in a 1-year period or over 50 percent of the time inspected in a 1-year period, whichever is less; or</text> </paragraph> <paragraph num="(14)"> <text>Failure of the owner or an operator of a motor vehicle to permit inspection of a vehicle or records relating to a permit.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Notice.</text> <paragraph num="(1)"> <text>Notice of a violation and imposition of a civil penalty under §B of this regulation shall be in writing and mailed by first class mail, postage prepaid, to the last known address of the owner or, in the case of a corporation, the authorized representative.</text> </paragraph> <paragraph num="(2)"> <text>The notice given under §C(1) of this regulation shall:</text> <paragraph num="(a)"> <text>Include the time, date, and location of a hearing on the violation; and</text> </paragraph> <paragraph num="(b)"> <text>Indicate that failure to respond to the notice may result in the suspension or revocation of authority to operate as a common carrier.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>The mailing by first class mail of a notice is considered to be effective and binding as an actual notice.</text> </paragraph> </paragraph> </regulation> <annotations> <annotation type="Authority">Public Utilities Article, §§2-113, 2-121, and 6-202—6-207, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: August 5, 1954 (Order No. 50880)</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.11 amended effective March 1, 1963 (Order No. 55089)</annotation> <annotation type="History" subtype="Administrative History">Regulation .11 amended effective April 15, 1991 (18:7 Md. R. 775); December 9, 1991 (18:24 Md. R. 2646)</annotation> <annotation type="History" subtype="Administrative History">Regulation .12 adopted effective May 24, 1962 (Order No. 54910)</annotation> <annotation type="History" subtype="Administrative History">Regulation .13 adopted effective January 20, 1992 (19:1 Md. R. 35)</annotation> <annotation type="History" subtype="Administrative History">Regulation .13B amended and C adopted effective December 19, 1994 (21:25 Md. R. 2110)</annotation> </annotations> </chapter> <chapter num="04" heading="Operation of Aircraft Engaged in the Public Transportation of Persons or Property for Hire"> <regulation prefix="Regulation" num=".01" heading="General."> <text>The laws of Maryland require that the service and facilities furnished in the public transportation of passengers or property for hire within the State shall be safe and adequate and in all respects just and reasonable. There are set forth here those regulations to which the service and facilities pertaining to the operation of aircraft in common carrier service, under permits issued by the Public Service Commission, shall conform until further order of the Commission.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Saving Clause."> <text>The formulation of these regulations does not preclude the Commission from altering or amending them in whole or in part, or from requiring any other or additional service, equipment, facility, or standard, and these regulations do not relieve an owner or operator of aircraft from any of his duties under any orders of the Public Service Commission which are not in conflict with these regulations, or under the laws of this State.</text> </regulation> <regulation prefix="Regulation" num=".03" heading="Definitions."> <paragraph num="A."> <text>In this chapter, unless the language or context indicates that a different meaning is intended, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Aircraft” means the plane or other conveyance for which a permit has been issued.</text> </paragraph> <paragraph num="(2)"> <text>“Airman” means the pilot (including copilot) of an aircraft for which a permit has been issued.</text> </paragraph> <paragraph num="(3)"> <text>“Airworthy” means in conformity with the requirements of the Federal Aviation Administration.</text> </paragraph> <paragraph num="(4)"> <text>“Carrier” and “operator” mean the holder of a permit.</text> </paragraph> <paragraph num="(5)"> <text>“Commission” means the Public Service Commission of Maryland.</text> </paragraph> <paragraph num="(6)"> <text>“Permit” means permit issued by the Public Service Commission of Maryland.</text> </paragraph> <paragraph num="(7)"> <text>“State” means the State of Maryland.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Necessity for Permit."> <text>An aircraft may not be operated in common carrier intrastate service in this State until a permit for it has been obtained from the Commission. The permits may be issued by the Commission at any time during the year, and for such length of time as the Commission may deem best for the public convenience and necessity. Unless a date of expiration is shown on it, a permit will continue in effect until revoked or cancelled by the Commission. Permits may not be transferable, except by order of the Commission. All permits will be subject to the limitation that the operations authorized by them shall be started within 30 days from the date of the permit.</text> </regulation> <regulation prefix="Regulation" num=".05" heading="Violations."> <text>The owner of an aircraft to which these regulations are applicable, who causes or permits, or allows to be caused or permitted, the violation of any of these regulations or the operation of the aircraft contrary to the requirements of these regulations, shall himself be deemed guilty of a violation of them as though he were operating the aircraft personally at the time. In the case of a corporation, the officer, agent, or employee of the corporation who violates or procures, aids or abets any violation of these regulations or permits the operation of an aircraft contrary to the requirements of them, shall be deemed personally guilty of a violation.</text> </regulation> <regulation prefix="Regulation" num=".06" heading="Penalties."> <text>The penalties for the violation of any of these regulations are prescribed by Public Utilities Article, §13-101(c), Annotated Code of Maryland.</text> </regulation> <regulation prefix="Regulation" num=".07" heading="FAA Certificate Required."> <text>All aircraft and airmen employed in common carrier service operated under permits from this Commission shall be certificated by the Federal Aviation Administration and registered with the State Aviation Administration of Maryland.</text> </regulation> <regulation prefix="Regulation" num=".08" heading="Permits."> <paragraph num="A."> <text>Application for Permits. Applications for permits shall be made on forms supplied by the Commission and shall give all information necessary to identify the aircraft and the landing fields to be used, the nature of the operation, including time schedules and tariffs, the insurance coverage, etc.</text> </paragraph> <paragraph num="B."> <text>Form of Permit. A separate permit will be issued for each aircraft and will be limited to the operation between specified air fields.</text> </paragraph> <paragraph num="C."> <text>Revocation or Suspension of Permit. Failure to render satisfactory service or violation of the Commission's regulations may cause suspension or revocation of a permit. A permit will not be revoked without a hearing.</text> </paragraph> <paragraph num="D."> <text>Display of Permit. The permit shall be properly displayed in the aircraft to which it is related, at all times when the aircraft is in operation.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".09" heading="Established Route."> <text>The holder of a permit will be entitled, under the permit, to operate only over the route described on the permit, using only the particular aircraft and landing fields which are designated in the permit.</text> </regulation> <regulation prefix="Regulation" num=".10" heading="Fixed Schedules."> <text>The schedules as filed shall be maintained as closely as due consideration of safety will permit and a change may not be made in a schedule without due notice to the Commission and to the public.</text> </regulation> <regulation prefix="Regulation" num=".11" heading="Filing and Posting Tariffs and Time Schedules."> <text>All tariffs and time schedules shall be filed with the Commission and posted in convenient form for the information of the public and shall be kept current. A change in rates may not be made on less than 30 days' notice except by special permission of the Commission.</text> </regulation> <regulation prefix="Regulation" num=".12" heading="Interruption of Service."> <text>The Commission shall be notified promptly of any interruption of service, together with the reason for the interruption. The operators shall keep a continuing record of all interruptions which shall show the date, duration, and cause, and shall submit reports as directed by the Commission.</text> </regulation> <regulation prefix="Regulation" num=".13" heading="Reckless or Unsafe Operation."> <text>The safety of passengers shall be given first consideration. Evidence of reckless or unsafe operation will be cause for revocation of permit.</text> </regulation> <regulation prefix="Regulation" num=".14" heading="Weather."> <text>The operator shall keep informed of the official weather forecasts and be alert to protect the service against unfavorable weather.</text> </regulation> <regulation prefix="Regulation" num=".15" heading="Accidents."> <text>Accidents shall be reported promptly to the Commission on such forms as the Commission may prescribe and the carrier shall keep a record of all accidents which shall be in such detail as to disclose all conditions which may be useful in guarding against repetitions.</text> </regulation> <regulation prefix="Regulation" num=".16" heading="First-Aid Kit."> <text>There shall be carried on each aircraft at all times, a conveniently accessible first-aid kit adequate for proper first-aid treatment of passengers and crew.</text> </regulation> <regulation prefix="Regulation" num=".17" heading="Equipment."> <paragraph num="A."> <text>Physical Condition. All aircraft and all equipment used in connection with the aircraft shall be maintained in proper physical condition to render safe and comfortable service, and shall be kept clean and sanitary.</text> </paragraph> <paragraph num="B."> <text>Reserve Equipment. Sufficient reserve aircraft and equipment shall be provided and maintained in readiness for immediate use to assure the regularity of the scheduled service.</text> </paragraph> <paragraph num="C."> <text>Fire Extinguisher. An approved type of fire extinguisher shall be carried at all times in each aircraft while in service and shall be readily accessible and prepared for immediate use.</text> </paragraph> <paragraph num="D."> <text>Inspection. Representatives of the Commission authorized to make inspections in the enforcement of these regulations, will be provided with appropriate badges for identification. They shall have the right to enter into all aircraft employed in the service for the purpose of ascertaining whether or not the regulations are being observed. Refusal to permit an inspection shall be sufficient cause for the revocation or suspension of the permit.</text> </paragraph> <paragraph num="E."> <text>Maintenance. An adequate maintenance force of competent personnel shall be employed, whose duty it shall be to keep all aircraft and equipment in a constant state of airworthiness. Aircraft may not be operated unless at the time of use it is in airworthy condition and is loaded in conformity with the current loading schedule.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Public Utilities Article, §§2-113, 2-121, 5-101, 9-101—9-103, and 9-201—9-206, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: October 10, 1945 (Order No. 41456)</annotation> </annotations> </chapter> </subtitle>