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. 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. 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. 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. This subtitle is not intended to discourage utilities from working with local, State, or federal agencies to create or implement energy assistance programs. All references to the masculine gender in this subtitle include the feminine gender. All references to “days” in this subtitle refer to calendar days unless otherwise specified. In this subtitle, the following terms have the meanings indicated. Terms Defined. “Certified nurse practitioner” means an individual certified by the State Board of Nursing under COMAR 10.27.07. “Commission” means the Public Service Commission of Maryland. “Customer” means a person receiving service from a utility, in whose name the account is maintained, for use in the premises. “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. “Dwelling unit” means a room or rooms suitable for occupancy as a residence containing sanitary or kitchen facilities. “Elderly” means an individual 65 years old or older. “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. “EUSP” means Electric Universal Service Program established under Public Utilities Article, §7-512.1, Annotated Code of Maryland. “Extreme weather period” has the following two meanings: “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. “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. “Handicapped” means an individual who: Has any physical disability or mental impairment which substantially limits one or more of the individual's life activities; and Is: Receiving disability insurance payments from a government agency that requires certification of the disability, or Certified as being physically disabled by a licensed physician or mentally impaired by a licensed psychiatrist or registered psychologist. “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. “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. “Local government” has the meaning stated in State Government Article, §11-101(g), Annotated Code of Maryland. Master-Metered Building. “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. “Master-metered building” does not include transient facilities. “Occupant” means any individual who has a legal right to reside in the premises. “Person” has the meaning stated in Public Utilities Article, §1-101, Annotated Code of Maryland. “Physician assistant” means an individual who is licensed under Health Occupations Article, Title 15, Annotated Code of Maryland, to practice medicine with physician supervision. “Premises” means a building, or portion of a building, that is receiving service from a utility for use in a dwelling unit or units. “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. “Service” means providing electricity or gas, or both, to a premises. “Termination” means to discontinue electric, gas, or electric and gas service to a premises by a utility. “Third person” means an individual, organization, or government agency designated by the customer to receive notices of termination. “USPP” means Utility Service Protection Program, established under COMAR 20.31.05. “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. 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. 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. 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. Customer Responsibility for Bills. A customer shall be responsible for all past-due, current, and future bills for service provided to the customer. A customer's failure to comply with the provisions of this subtitle may subject that customer to termination action by the utility. 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. 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. Each utility shall provide its customers with a reasonable opportunity to contest the proposed termination in accordance with the provisions of this subtitle. 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. 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. This statement shall include, at a minimum, the following information: The permissible grounds for termination of service; A statement of the procedures for terminating and reconnecting a customer's service; A statement that the customer may designate a third party to receive termination notices; 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. 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; A statement that alternate payment plans are offered by the utility; and A statement describing the Utility Service Protection Program under COMAR 20.31.05. 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. The designated third party may initiate appropriate action to prevent termination of the customer's service. 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. 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. 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. 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. A utility may refuse to negotiate or offer an alternate payment plan to a customer receiving service, if the customer: Failed to meet the terms and conditions of any alternate payment plan during the past 18 months including: A USPP alternate payment plan; or A plan arranged under the EUSP; Committed fraud against a utility; Committed theft of utility service; or Denied the utility access to its equipment located on the customer's property or premises. When devising alternate payment plans, the utility shall consider the circumstances and financial condition of the customer including: The size of the delinquent account; The customer's ability to pay; The customer's payment history; The anticipated energy assistance benefits for which the customer may be eligible; The length of time that the debt has been outstanding; The circumstances which resulted in the past due bills; Hardships which may result from the lack of utility service to the customer; and Any other relevant factors related to the circumstances of the customer. If an alternate payment plan cannot be arranged, the utility shall promptly notify the customer. 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. Public Utilities Article, §§2-113, 2-121, 5-101, and 7-307, Annotated Code of Maryland Effective date: October 12, 1981 (8:20 Md. R. 1637) Regulations .01B, .05, and .06B amended effective October 22, 1984 (11:21 Md. R. 1815) Regulation .01 amended effective August 6, 1990 (17:15 Md. R. 1862) 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) 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) 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) Regulation .03A amended effective May 24, 1982 (9:10 Md. R. 1023 Regulation .03D amended effective May 10, 1993 (20:9 Md. R. 779) 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) Regulation .08 adopted effective August 6, 1990 (17:15 Md. R. 1862) 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: 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) Regulation .02B amended effective June 9, 2025 (52:11 Md. R. 533)