# COMAR Title 20 — Public Service Commission

## Subtitle 26 — Energy Allocation Systems

### Chapter 02 — Approval Required by the Commission

**Authority:** Public Utilities Article, §7-304, Annotated Code of Maryland

**Administrative History:** Effective date:

**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

**Administrative History:** Regulations .01—.07 adopted effective May 15, 1989 (16:9 Md. R. 995)

**Administrative History:** Regulation .05A amended effective May 28, 1990 (17:10 Md. R. 1219)

#### Regulation .01 General Conditions for Approval.

*COMAR 20.26.02.01*

A. 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.

B. The Commission may require testing and inspection of the energy allocation equipment.

C. The Commission may require testing and inspection of any furnace, appliance, or other equipment used in conjunction with the energy allocation system.

#### Regulation .02 Direct Billing of Energy Costs.

*COMAR 20.26.02.02*

A. 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.

B. An owner using an energy allocation system may not directly bill an occupant for:

  (1) 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;

  (2) Administrative fees or charges.

#### Regulation .03 Required Billing Format.

*COMAR 20.26.02.03*

The owner shall include in each direct billing of energy costs to the occupant the following information:

A. Bill date (the date the bill was prepared);

B. Time period covered by the bill (billing period);

C. Readings of the measurement device at the beginning and at the end of the billing period;

D. Number of the measurement units recorded by the measuring device;

E. Approximate energy use;

F. Per unit energy charge;

G. Total energy costs billed to the occupant;

H. A statement that the bill is not from the utility; and

I. A local or toll-free telephone number for billing inquiries.

#### Regulation .04 Substitute Bills.

*COMAR 20.26.02.04*

A. 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.

B. A substitute bill shall be distinctly marked as such.

C. 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.

#### Regulation .05 Rendering of Bills.

*COMAR 20.26.02.05*

A. The owner shall bill an occupant for energy costs within 20 days after the owner receives the master meter bill from the utility.

B. The owner shall read the measuring devices within 5 working days of the date the utility reads the master meter.

C. 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.

#### Regulation .06 Monitoring of Energy Allocation System.

*COMAR 20.26.02.06*

A. The owner shall obtain monthly reports from the vendor which identify incidences of unusually high or low usage for dwelling units.

B. 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.

C. The owner shall take appropriate action to correct the unusually high or low usage caused by factors under the control of the owner.

#### Regulation .07 Records.

*COMAR 20.26.02.07*

A. Billing Records.

  (1) A record associated with the computation of energy costs billed to an occupant shall be maintained for a period of 2 years.

  (2) The owner shall maintain the following records:

    (a) The bills from the utility to the owner for the preceding 24 months;

    (b) The calculation of the average cost of electricity and gas for each of the preceding 24 months; and

    (c) The readings of the measuring device in the dwelling unit of the occupant for each of the preceding 24 months.

  (3) Upon request by an occupant, the owner shall make available for inspection the records maintained under § A(2).

B. The owner shall maintain a record of all measuring devices showing an identification number and its location.

C. The owner shall maintain a record of all written complaints received and copies of the inspection reports prepared under COMAR 20.26.03.