# COMAR Title 20 — Public Service Commission

## Subtitle 07 — Practice and Procedure

### Chapter 05 — Fees

**Authority:** Public Utilities Article, §§2-113, 2-121, and 5-101 Annotated Code of Maryland

**Administrative History:** Effective date:

**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

**Administrative History:** Regulation .01 adopted effective August 2, 2004 (31:15 Md. R. 1186)

**Administrative History:** Regulations .02—.07 adopted effective January 20, 2003 (30:1 Md. R. 28)

**Administrative History:** Regulation .03A amended effective June 23, 2003 (30:12 Md. R. 791)

#### Regulation .01 Scope.

*COMAR 20.07.05.01*

This chapter outlines procedures for the payment of fees for certain Public Service Commission filings.

#### Regulation .02 Definitions.

*COMAR 20.07.05.02*

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

  (1) “Commission” means the Public Service Commission of Maryland.

  (2) “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.

  (3) “Custodian” means the Executive Secretary of the Commission.

#### Regulation .03 Schedule of Fees.

*COMAR 20.07.05.03*

A. Filing Fees. The Commission shall assess the following fees:

B. Schedule of Miscellaneous Fees.

  (1) The Commission shall publish and revise, as necessary, a schedule of reasonable fees for:

    (a) Copying and certifying copies of records;

    (b) The issuance of a subpoena;

    (c) A copy of the Commission's statute; and

    (d) A copy of the Commission's annual report.

  (2) The schedule of fees under this section shall be based on the actual cost of:

    (a) Reproduction, including costs for staff time and equipment use; or

    (b) Printing the Commission's statute or annual report.

  (3) A charge under this section may not be assessed if the total amount of the fee is $1 or less.

  (4) 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.

  (5) Fees for Time.

    (a) The official custodian may charge reasonable fees for Commission time in excess of 2 hours expended:

      (i) Searching for requested records; or

      (ii) Preparing records for inspection and copying.

    (b) 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.

  (6) 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.

  (7) 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.

#### Regulation .04 Payment of Filing Fees.

*COMAR 20.07.05.04*

A. 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.

B. 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.

C. 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:

  (1) Cash;

  (2) Certified check;

  (3) Cashier's check;

  (4) Money order; or

  (5) Personal check.

#### Regulation .05 Assessment of Penalty for Bad Check.

*COMAR 20.07.05.05*

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.

#### Regulation .06 Waiver of Fees.

*COMAR 20.07.05.06*

A. Request for Fee Waiver.

  (1) If the Commission finds it is in the public interest, the Commission may waive a filing fee required under Regulation .03 of this chapter.

  (2) A company requesting waiver of a filing fee under this section shall submit the request in writing.

  (3) The Commission shall grant or deny a request for a fee waiver within 5 working days of receipt of the request.

B. 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.

#### Regulation .07 Penalty for Failure to Pay Fees.

*COMAR 20.07.05.07*

Failure to pay an applicable filing fee or obtain a waiver of an applicable filing fee shall result in a filing not being processed.