# COMAR Title 20 — Public Service Commission

## Subtitle 31 — Terminations of Service

### Chapter 02 — Terminations

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

**Administrative History:** Effective date: October 12, 1981 (8:20 Md. R. 1637)

**Administrative History:** Regulation .01 amended effective November 18, 1985 (12:23 Md. R. 2224)

**Administrative History:** Regulation .01B amended effective October 22, 1984 (11:21 Md. R. 1815); May 10, 1993 (20:9 Md. R. 780)

**Administrative History:** Regulation .01B amended as an emergency provision effective January 1, 2002 (29:3 Md. R. 215); emergency status expired June 30, 2002

**Administrative History:** Regulation .01B amended as an emergency provision effective January 1, 2003 (30:5 Md. R. 364); amended permanently effective January 20, 2003 (30:1 Md. R. 29)

**Administrative History:** Regulation .03 amended effective August 29, 2016 (43:17 Md. R. 957)

**Administrative History:** Regulation .04 amended effective April 21, 1986 (13:8 Md. R. 904); July 28, 1986 (13:15 Md. R. 1736)

**Administrative History:** Regulation .04A amended effective May 10, 1993 (20:9 Md. R. 780)

**Administrative History:** Regulation .04E amended effective August 6, 1990 (17:15 Md. R. 1862)

**Administrative History:** Regulations .05A, C, F and .06E amended effective October 22, 1984 (11:21 Md. R. 1815)

**Administrative History:** Regulation .05F and G amended effective August 6, 1990 (17:15 Md. R. 1862)

**Administrative History:** Regulation .05H amended effective May 24, 1982 (9:10 Md. R. 1023)

**Administrative History:** Regulation .06H amended effective August 6, 1990 (17:15 Md. R. 1862)

**Administrative History:** Regulation .07 adopted effective August 29, 2016 (43:17 Md. R. 957)

#### Regulation .01 Insufficient Reasons for Terminations.

*COMAR 20.31.02.01*

The following may not constitute sufficient cause for the utility to terminate service to an existing customer:

A. Failure of a previous customer to pay for service at the premises to be served, unless the current or prospective customer is in violation of one of the provisions of Regulation .04 of this chapter;

B. Failure of the customer to pay:

  (1) For merchandise purchased from the utility;

  (2) For a public utility service other than electric service, gas service, or electric and gas service, as the case may be;

  (3) For service that is used in other than dwelling units;

  (4) The bill of another customer as guarantor of that other customer;

  (5) A bill which is delinquent for less than 3 months if the security deposit exceeds the amount of the estimated final bill for service;

  (6) Any outstanding bill which is less than $100, and which is delinquent for less than 3 months;

  (7) Any undercharge for the period in excess of 4 months as described in COMAR 20.50.04.05 and 20.55.04.05; or

  (8) An outstanding bill that is over 7 years old, unless the:

    (a) Customer signed an agreement to pay the outstanding bill before the expiration of this period, or

    (b) Outstanding bill is for service obtained by the customer in any manner described in COMAR 20.31.02.03D or 20.31.02.04A(1)—(4).

#### Regulation .02 Terminations Requiring Notice.

*COMAR 20.31.02.02*

A utility may terminate service to a customer for any of the following reasons, if the utility complies with the provisions of this subtitle:

A. The customer's violation of or noncompliance with COMAR 20.50 Service Supplied by Electric Companies or COMAR 20.55 Service Supplied by Gas Companies, or for violation of or noncompliance with the utility's tariffs and rules on file with the Commission;

B. For failure of the customer to fulfill his contractual obligations for service or facilities subject to regulation by the Commission;

C. For failure of the customer to permit the utility or its agents to have reasonable access to its equipment located on or in the customer's premises;

D. For failure of the customer to provide the utility with a deposit as authorized in COMAR 20.30.02 Residential Customer Deposits;

E. For failure of the customer to furnish the service equipment, permits, certificates, or rights-of-way, as specified by the utility as a condition to obtaining service or if the equipment or permissions are withdrawn or terminated.

#### Regulation .03 Terminations Without Notice.

*COMAR 20.31.02.03*

A. A utility may terminate service without notice for any of the following reasons:

  (1) A condition on the premises determined by the utility to be hazardous;

  (2) The use of equipment in such a manner as to affect adversely the utility's equipment or the utility's service to others;

  (3) Tampering with equipment furnished and owned by the utility; or

  (4) Unauthorized use of service by any method, including diversion of gas or electricity around a meter.

B. Records.

  (1) Each utility shall maintain, for not less than 3 years, records that set forth the basis for its decision to terminate service under this regulation.

  (2) Starting January 1, 2017, each utility shall submit to the Commission the address where service has been terminated for unauthorized use or tampering with equipment furnished and owned by the utility.  The submission shall be made within one business day following the termination.

  (3) Upon request, a local government shall have access to the information submitted to the Commission under §B(2) of this regulation, on the condition that the information shall be:

    (a) Used for the purpose of protecting the life, health, or safety of an individual occupying the premises where service has been terminated;

    (b) Safeguarded to protect the privacy of an individual; and

    (c) Destroyed by the local government within 30 days of its receipt.

C. Each utility that has terminated service for unauthorized use or tampering with equipment furnished and owned by the utility shall provide notice of the termination:

  (1) In a visible location at the premises;

  (2) With an occupant at the premises if safety permits; or

  (3) In a situation where the utility representative on site determines that the situation is unsafe, the utility may provide a notice to the occupant by mail and by telephone or email to the customer if there is an active account.

D. Notices required by the regulations shall include, at a minimum, the following:

  (1) Contact information for utility representatives that can explain the reason for the termination;

  (2) Safety notices regarding the use of portable generators, independent lighting and heating sources, and any other safety information;

  (3) Contact information for the Office of Home Energy Programs; and

  (4) A general statement that theft of electricity or natural gas service is unlawful under Criminal Law Article, §§6-303 and 6-304, Annotated Code of Maryland.

E. Each utility shall file its form of notice required in §D of this regulation to the Commission for approval.

F. Each utility shall track the manner in which notice is provided under §C of this regulation.

G. Utilities shall file annual reports regarding terminations under this regulation in a manner and format prescribed by the Commission.

#### Regulation .04 Termination with 7 Days Notice.

*COMAR 20.31.02.04*

A. Electric service, gas service, or both, may be terminated in accordance with this regulation, if service at a dwelling unit has been secured in any manner described below:

  (1) Application was made in a fictitious name;

  (2) Application was made in the name of an individual who is not an occupant of the dwelling unit, without disclosure of the individual's actual address;

  (3) Application was made in the name of a third party without disclosing that fact or without bona fide authority from the third party;

  (4) Application was made without disclosure of a material fact or by misrepresentation of a material fact;

  (5) Application was made for connection of service to a dwelling where there are co-occupants, if a service account for that dwelling unit was previously maintained in a current co-occupant's name during a period of co-occupancy with the applicant and the co-occupant has failed to pay or make satisfactory arrangements to pay an outstanding bill or undisputed portion of a disputed bill for service at the dwelling unit, the collection of which is not barred under applicable State or federal law;

  (6) Application was made for connection of service to a dwelling unit where there are co-occupants, if the service account at a prior dwelling unit of the applicant was listed in a current co-occupant's name, and the co-occupant has failed to pay or to make satisfactory arrangement to pay an outstanding bill or undisputed portion of a disputed bill for service at the prior dwelling unit, the collection of which is not barred under applicable State or federal law; or

  (7) Application was made by an individual for the purpose of assisting another occupant of a dwelling unit to avoid payment of that occupant's prior outstanding bill.

B. For purposes of this regulation, “co-occupants” means two or more adults who occupy the same dwelling unit as their primary domicile or legal residence within the State.

C. If service at a dwelling unit was secured in any manner described in §A of this regulation, the utility may give 7 days notice that the service will be terminated, and may then proceed to terminate service subject to the provisions of §E of this regulation. The notice shall state:

  (1) The manner in which service was secured;

  (2) The approximate time period during which the service was used;

  (3) A summary of the facts or circumstances upon which the utility bases its determination that a termination is warranted; and

  (4) The amount of any outstanding bill.

D. If a bona fide occupant of the premises subject to termination under this regulation is seriously ill, the provisions of COMAR 20.31.03.01 Restrictions for Serious Illness and Life-Support Equipment, shall supersede the provisions of this regulation.

E. If a customer disputes the proposed termination, the customer shall do so in accordance with the provisions of COMAR 20.32.01.

#### Regulation .05 Termination Procedures.

*COMAR 20.31.02.05*

A. Except as provided by Regulations .03 and .04 of this chapter and by Chapters 03, 04, and 05 of this subtitle, a utility shall terminate service in accordance with the provisions of this regulation.

B. Commencing Termination Procedures.

  (1) A utility may commence termination procedures only if it has made reasonable attempts to collect the past-due bills using normal collection procedures.

  (2) “Normal collection procedures” shall include collection practices normally used by the utility and shall include at least one notice that the bill in question is past due.

C. The utility shall send a notice of termination to the customer at least 14 days before the date on or after which termination will occur.

D. Notices of termination shall be delivered in person or sent by first class mail, and shall be sent to the name and address of the person in whose name the account is held.

E. If the customer has designated a third person to receive termination notices pursuant to COMAR 20.31.01.07 Third-Party Notification, the notices of termination shall be sent to the designated third person as well as to the customer.

F. The utility shall advise the customer of the availability of alternate payment plans offered by the utility in accordance with COMAR 20.31.01.08 and the Utility Service Protection Program offered by the utility in accordance with COMAR 20.31.05.

G. If a customer disputes the proposed termination, he shall do so in accordance with the provisions of COMAR 20.32.01.

H. The utility may terminate service if it is prepared to accept payment of the amount due and to reconnect service on both the day of termination and the day subsequent to termination, except that termination of service on a Saturday is permissible in those special situations where the service must be terminated at a meter inside the premises and where the utility has previously and unsuccessfully attempted to gain access to the meter on at least two weekdays.

#### Regulation .06 Text of the Notice of Termination.

*COMAR 20.31.02.06*

Notices of termination required by these regulations shall include, as a minimum, the following:

A. The name and account number of the customer whose service is to be terminated;

B. The address of the premises where service is to be terminated;

C. A statement of the reasons for the proposed termination;

D. The date on or after which the proposed termination will occur;

E. The charges for reconnection of service, if any;

F. A statement of the total amount due, if applicable;

G. A statement of the customer's rights and remedies, which shall include a summary of the dispute procedures, the office address of the utility, and the telephone numbers at which the utility representatives who handle customer complaints may be reached;

H. A statement that it is the responsibility of the customer to notify the utility if he is unable to pay for service in accordance with the requirements of the utility's billing practices; and

I. A statement that it is the responsibility of the customer to notify the utility that he, or an occupant of the premises, is elderly, handicapped, has a serious illness, or relies upon life-support equipment; a brief explanation of the special provisions regarding elderly, handicapped, or persons seriously ill or relying on life-support equipment; and an explanation of notification procedures.

#### Regulation .07 User Without Account.

*COMAR 20.31.02.07*

A. For purposes of this regulation, a “user without account” is a person or persons in possession of a residential property that is using regulated utility service without an active account and is not subject to termination under Regulation .03 of this chapter.

B. A utility may not terminate service to a user without account without adhering to this regulation.

C. Upon discovering a user without account, a utility shall provide written notice to the occupants at the residential property:

  (1) Not less than 3 days prior to service termination; or

  (2) By mail not less than 7 days prior to service termination.

D. Notice required by §C of this regulation shall include, at a minimum, the following:

  (1) The utility’s name and phone number;

  (2) A statement that the notice is a shut-off notice;

  (3) The address to which the notice applies;

  (4) A statement that the company is aware that service is being used from the address without an open account;

  (5) An invitation to apply for service as soon as possible; and

  (6) The date by which an application for service must be submitted to avoid service termination.