<?xml version='1.0' encoding='utf-8'?>
<subtitle num="30" heading="Customer Deposits, Late Payment Charges, and Customers' Rights Pamphlet" title_num="20" title_heading="Public Service Commission">
  <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>