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. An energy allocation system may not be used unless approved by the Commission under this subtitle. This subtitle does not apply to submeters which are governed by the provisions of COMAR 20.25. In this subtitle, the following terms have the meanings indicated. Terms Defined. “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. “Approximate energy use” means the gas or electricity use within a dwelling unit as determined by an energy allocation system. “Commission” means the Public Service Commission of Maryland. “Dwelling unit” means a room or rooms suitable for occupancy as a residence containing kitchen and bathroom facilities. “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. “Energy allocation system” means a method of determining the approximate energy use consumed within a dwelling unit with the use of a measuring device. “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. “Measurement unit” means the measure of the characteristic recorded by a measuring device. “Measuring device” means a device which measures furnace operating or running time, baseboard pipe temperature or other characteristics used to determine approximate energy use. “Occupant” means the resident of a dwelling unit in an apartment house. “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. “Utility” means the public service company which supplies gas or electric service to the apartment house. “Vendor” means the entity which provides the energy allocation equipment and billing services to an owner. An owner shall file an application with the Commission for approval of an energy allocation system. The application shall include the following information: The name and address of the owner; The name and address of the general partner, if the owner is a partnership; The name and address of the management agent, if any; The name and address of the apartment house; The number of individual dwelling units; A description of the energy allocation system, including a technical description of the energy allocation equipment; A description of the method for converting a measurement unit into approximate energy use; A description of the method for calculating the energy costs directly billed to an occupant, including the calculation of a per unit energy cost; A copy of all written information provided to an occupant including lease terms; and A copy of the proposed billing format. The owner shall submit to the Commission an original and 14 copies of the application. The owner shall mail a copy of the application to the Consumer Protection Division, Office of The Attorney General, c/o “Energy Allocation Systems”. The Commission may waive all or a portion of this subtitle if unreasonable hardship results. Public Utilities Article, §7-304, Annotated Code of Maryland Effective date: 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 Regulations .01—.05 adopted effective May 15, 1989 (16:9 Md. R. 995)