Chapter 03. Restrictions on Terminations
Regulation .01 Restrictions for Serious Illness and Life-Support Equipment.LinkCopy Citation
A.
Electric or gas service, or both, may not be terminated for an initial period of up to 30 days beyond the scheduled date of service termination when the termination will aggravate an existing serious illness or prevent the use of life-support equipment of any occupant of the premises, subject to the provisions of this regulation.
B.
Certification Requirement.
(1)
A serious illness or the need for life-support equipment shall be certified to the utility by:
(a)
A licensed physician;
(b)
A certified nurse practitioner; or
(c)
A physician assistant.
(2)
When a utility uses a form for the physician, a certified nurse practitioner, or physician assistant to certify a serious illness or the need for life support equipment under this regulation, it shall use the form provided by the Commission.
(3)
A utility shall accept a certification from a licensed physician, a certified nurse practitioner, or a physician assistant of a serious illness or need for life support equipment under this regulation.
(4)
Except when a form is used under §B(2) of this regulation, the physician, certified nurse practitioner or a physician assistant certification required under §B(1) of this regulation shall be in writing and include:
(a)
The name and address of the seriously ill person;
(b)
A statement that the seriously ill person or person in need of life support equipment is the customer or an occupant of the premises;
(c)
The name, address, telephone number, physician or certified nurse practitioner license number, and signature of the certifying physician, certified nurse practitioner, or physician assistant; and
(d)
A statement that termination will aggravate a serious illness or prevent the use of life-support equipment.
(5)
A utility shall accept the physician, certified nurse practitioner, or physician assistant certification under this regulation either in paper form or by facsimile or as a scanned original attached to an email from the certifying physician’s or certified nurse practitioner’s office.
C.
The certifying physician, the certified nurse practitioner, the physician assistant, or the customer may initially telephone the utility of the intent to obtain certification. The required certificate is to be forwarded to the utility not later than the day before the scheduled date for termination of service.
D.
The customer shall promptly, within 30 days of submitting a certification under this regulation, enter into an agreement with the utility for the payment of the unpaid bills and current amounts due for service in accordance with COMAR 20.31.01.08.
E.
Certification may be renewed by the customer, a licensed physician, a certified nurse practitioner, or physician assistant by providing another certificate to the utility, including updated information specified in §B(4) of this regulation. Renewal of a certification may not relieve the customer of responsibility to enter into or to maintain an existing payment agreement, as provided in §D of this regulation.
F.
Sufficiency of Certification.
(1)
If the utility questions the adequacy or integrity of the certification provided:
(a)
The utility may refuse to honor the certification provided under §B(1) of this regulation only for the following reasons:
(i)
The certification form is not completed;
(ii)
The certification form is not signed by a licensed physician, certified nurse practitioner, or physician assistant; or
(iii)
The certification form appears to have been altered; or
(b)
The utility may petition the Commission to determine the adequacy of the certification provided under §B of this regulation for any other reason.
(2)
If the utility files a petition under §F(1)(b) of this regulation, the utility may not terminate service until:
(a)
The Commission determines the adequacy of the certification; or
(b)
The certification has expired and has not been renewed.
G.
A utility may terminate electric or gas service to the premises of a customer under this regulation only if the utility:
(1)
Between the date the notice of termination is mailed to the customer and the date on or after which service is to be terminated, at a minimum, attempts to make personal contact with the customer on two separate occasions, each of which shall occur on a separate date;
(2)
Attempts to make personal contact with the customer by either:
(a)
Telephoning the customer during business hours, or, if no one is home, during the evening after 6 p.m.; or
(b)
Visiting the premises and leaving a copy of the notice of termination with the customer or a responsible person 18 years old or older at the premises, or, if no one is at home, leaving a copy of the notice at the premises; and
(3)
Documents each attempt to make personal contact under this section.
H.
If personal contact is made, the utility shall inform the customer of possible sources of financial assistance and the availability of alternate payment plans or other payment arrangements offered by the utility.
Regulation .02 Restrictions for Elderly or Handicapped Individuals.LinkCopy Citation
A.
Upon receiving notice from the customer that he or an occupant of the premises to which the service is going to be terminated is an elderly or handicapped individual, a utility may terminate service to that premises only in accordance with the provisions of this regulation.
B.
Between the date the notice of termination is mailed to the customer and the date on or after which service is to be terminated, the utility shall, at a minimum, attempt to make personal contact with the customer on two separate occasions, each of which shall occur on a separate day.
C.
The utility's attempt to make personal contact with the customer shall be by either:
(1)
Telephoning the customer during business hours, or, if no one is home, during the evening after 6 p.m.; or
(2)
Visiting the premises and leaving a copy of the notice of termination with the customer or a responsible person 18 years old or older at the premises, or if no one is at home, leaving a copy of the notice at the premises.
D.
The utility shall document each attempt to make personal contact under this regulation.
E.
If personal contact is made, the utility shall inform the customer of possible sources of financial assistance and of the availability of alternate payment plans offered by the utility.
Regulation .03 Winter Restrictions.LinkCopy Citation
A.
An electric, gas, or electric and gas utility may not terminate gas or electric service to occupants of residential buildings for nonpayment of bills during the period November 1 through and including March 31 of the immediately succeeding calendar year unless the utility first certifies to the Commission by an affidavit filed at least 24 hours before the termination, that the termination does not constitute a threat to the life or health of the residential occupants.
B.
The affidavit shall state in addition to the requirements of §A of this regulation.
(1)
The name of the customer whose service is to be terminated and the address of the premises involved;
(2)
That the customer has been notified both in writing and by personal contact, if made, of his rights and remedies as stated in COMAR 20.31.02.06G and has been informed of possible sources of financial assistance and the availability of alternate payment plans and the Utility Service Protection Program offered by the utility;
(3)
The dates on which personal contact with the customer or an adult member of the household was made or attempted;
(4)
The reason for the termination;
(5)
Whether the customer is a participant in the Utility Service Protection Program or the Electric Universal Service Program;
(6)
Whether the customer claims an occupant of the dwelling unit is elderly, handicapped, seriously ill, or dependent upon the use of life-support equipment and, if so, that the utility has complied with the provisions of COMAR 20.31.03.01 and .02;
(7)
That the amount of the arrearage for which termination is sought is greater than $200 for a single service utility or $300 for a dual service utility and the total amount due is greater than the amount of the customer's deposit with the utility; and
(8)
That a copy of the affidavit has been forwarded to the Department of Human Services, Office of Home Energy Programs and the local administering agency, if the customer has been certified to the utility as eligible for MEAP or EUSP Assistance.
C.
Affidavits are valid for 12 days after the most recent personal contact with the customer was made or attempted.
D.
Personal Contact with Customer.
(1)
In addition to the requirements of §A of this regulation, for any termination occurring within the above wintertime period, the utility shall, at a minimum, attempt to make personal contact with the customer twice between the date the notice of termination is mailed to the customer and the date on or after which service is to be terminated.
(2)
The utility's attempt to make personal contact under this section shall occur on two separate days.
(3)
The utility's attempt to make personal contact with a customer shall be by either:
(a)
Telephoning the customer during business hours, or, if no one is home, during the evening after 6 p.m.; or
(b)
Visiting the premises and leaving a copy of the notice of termination and either a Customer's Rights Pamphlet or a pamphlet which explains the customer winter termination rights, including the Utility Service Protection Program with the customer or a responsible person 18 years old or older at the premises, or if no one is home, leaving a copy of the notice and pamphlets at the premises.
(4)
The utility shall document each attempt to make personal contact under this section.
(5)
Financial Assistance. If personal contact is made, the utility shall inform the customer of possible sources of financial assistance and of the availability of alternate payment plans and the Utility Service Protection Program offered by the utility.
E.
Temporary Restriction. In addition to the provisions of §A of this regulation, a utility may not terminate service because of nonpayment to any customer in a utility's designated weather station area for that customer in which the forecast temperature made at 6 a.m. is 32 degrees Fahrenheit or below in that weather station area during an extreme weather period.
Regulation .04 Temporary Residential Weather Restriction.LinkCopy Citation
A.
A utility may not terminate service because of nonpayment to any customer if the utility's designated weather station area for that customer is in a winter extreme weather period.
B.
A utility may not terminate, either gas service that is used for cooling if the customer has notified the gas utility of that usage, or electric service, because of nonpayment, for any customer occupying a residential building, if the utility's weather station area for that customer is in a summer extreme weather period.
Regulation .05 Designations and Approval of Weather Station Areas.LinkCopy Citation
A.
A utility shall designate and file with the Commission for approval a list of one or more weather station areas within its service territory which specifies the portion of the utility's service territory covered by each weather station area for the purpose of complying with Regulations .03 and .04 of this chapter.
B.
After the initial filing, a utility is only required to file subsequent designations for approval when changes are made to previously approved weather stations areas.
Regulation .06 Occupants of a Master-Metered Building.LinkCopy Citation
A.
This regulation applies to terminations of service in master-metered buildings.
B.
A utility shall notify occupants in a master-metered building of an impending termination of service by all of the following.
(1)
Individually notify all occupants by:
(a)
First-class mail, postmarked not less than 14 days prior to the proposed date of disconnection and addressed to the “occupant” of each dwelling unit subject to the loss of service if the postal address is readily available to the utility; or
(b)
Flyers or “door stuffers”, of a proposed termination at least 14 days before the scheduled termination date; and
(2)
Notify occupants by posting termination notices in conspicuous locations in the building, such as near mailboxes, entrances, and exits at least 14 days before the scheduled termination date.
C.
In a situation where the utility is unable to comply with §B(1) and/or (2) of this regulation despite reasonable, documented efforts to do so, the utility may seek a waiver from the Commission of its obligations under §B(1) and/or (2) of this regulation pursuant to COMAR 20.07.01.01-1. If a waiver from §B(1) and/or (2) of this regulation is requested, the utility shall not terminate service to the master-metered building until the Commission rules on the utility’s requested waiver or the utility shall have complied with §B(1) and (2) of this regulation, provided that the waiver request shall be deemed approved if the Commission has not acted upon it within 30 days of filing.
D.
If the utility seeks a waiver under §C of this regulation, the utility shall also, no later than 1 business day after its waiver request, notify, via electronic mail and first class mail, the Commission’s Consumer Affairs Division and the People’s Counsel of:
(1)
The utility’s waiver request; and
(2)
All the utility’s efforts to fully comply with §B(1) and (2) of this regulation and why complete compliance was not feasible.
E.
The notices provided pursuant to §B(1) and (2) of this regulation shall, at a minimum, include the following:
(1)
A statement that the utility intends to terminate utility service to the master-metered building;
(2)
The name of the utility customer in whose name the account is maintained and the customer’s mailing address, email address, phone number as reflected in the records of the utility not including the account number or other confidential information without the consent of the customer of record;
(3)
The address of the master-metered building where service is to be terminated not including the amount owed or other billing, payment, credit or similar information without the consent of the customer of record;
(4)
The date on or after which the proposed termination will occur;
(5)
The office address of the utility and the utility’s customer service phone number;
(6)
A statement that the occupant has applicable rights with respect to the potential service termination subject to the provisions of COMAR 20.31.03.01, including:
(a)
The right to delay termination for an initial period of up to 30 days beyond the scheduled date of service termination when the termination will aggravate an existing serious illness or prevent the use of life-support equipment of any occupant of the master-metered building;
(b)
How occupants can notify the utility in such circumstances including providing the required certification to the utility; and
(c)
That after the initial delay, certification may be renewed once to request an additional delay by providing another certificate to the utility;
(7)
A statement that it is the responsibility of the customer to notify the utility if the customer is unable to pay for service in accordance with the requirements of the utility’s billing practices;
(8)
A statement that limited-income occupants may qualify for assistance including for:
(a)
Financial and/or relocation assistance through 2-1-1 Maryland, and the current contact details, including phone number and website, for 2-1-1 Maryland; and
(b)
Financial assistance towards utility bill payments through the Maryland Energy Assistance Program may be available, but only to limited income individuals, upon relocation and establishment of a utility account in their own name, and the current contact details, including phone number and website, for the Maryland Department of Human Services, Office of Home Energy Programs, which administers the Maryland Home Energy Assistance Program; and
(9)
A statement that for further information the occupant can contact:
(a)
The Maryland Public Service Commission’s Consumer Affairs Division and the current phone number for the Maryland Public Service Commission’s Consumer Affairs Division;
(b)
The Maryland Office of People’s Counsel and the current phone number for the Maryland Office of People’s Counsel;
(c)
The utility’s customer service division and the current phone number for the utility’s customer service division; and
(d)
The Maryland Office of Attorney General, Consumer Protection Division and the current phone number for the Maryland Office of Attorney General, Consumer Protection Division.
F.
The notices posted pursuant to §B(2) of this regulation may also include the information required as necessary to satisfy Public Utilities Article, §7-307.2, Annotated Code of Maryland.
G.
If a utility does not terminate service within 60 days of the date of the proposed termination in the notice posted pursuant to §B(2) of this regulation, the utility shall provide additional notices pursuant to §B(2) of this regulation.
H.
In addition to the notices prescribed in §B of this regulation, a utility shall, not less than 14 days prior to termination of service to a master-metered building, provide written and electronic notice of its intention to terminate to the Commission’s Consumer Affairs Division, Maryland Office of People’s Counsel, the Maryland Office of the Attorney General, Consumer Protection Division, and any director of the social services for the political subdivision or subdivisions in which the master-metered building is located as well as a brief description of the notice provided.
I.
Each utility shall identify and maintain on its records those accounts for service to master-metered buildings to ensure that service to such premises is not terminated prior to compliance with the provisions of this section. It shall be the responsibility of the customer to inform the utility that service is being provided to a master-metered building. The utility shall ask the customer at the time a new service application is submitted whether service is requested at a master-metered building and publish information about how to notify the utility that service is being provided to a master-metered building in its annual consumer publication and on its website.
Chapter annotations
Authority: Public Utilities Article, §§2-113, 2-121, 5-101, and 7-307, Annotated Code of Maryland
History: Effective date: October 12, 1981 (8:20 Md. R. 1637)
History: Regulation .01 amended effective November 8, 2004 (31:22 Md. R. 1597)
History: Regulation .02 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)
History: Regulation .03 amended effective October 22, 1984 (11:21 Md. R. 1816); August 6, 1990 (17:15 Md. R. 1862)
History: Regulation .03 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)
History: Regulation .03B amended as an emergency provision effective January 1, 2002 (29:3 Md. R. 215); emergency status expired June 30, 2002
History: Regulation .03C adopted effective May 24, 1982 (9:10 Md. R. 1023)
History: Regulation .04 adopted effective August 6, 1990 (17:15 Md. R. 1862)
History: Chapter revised as an emergency provision effective February 18, 2010 (37:6 Md. R. 475); revised permanently effective July 12, 2010 (37:14 Md. R. 940)
History: Regulation .01 amended effective June 8, 2015 (42:11 Md. R. 727); January 30, 2017 (44:2 Md. R. 85)
History: Regulation .04 amended effective June 9, 2025 (52:11 Md. R. 533)
History: Regulation .05A amended effective July 8, 2024 (51:13 M. R. 647)
History: Regulation .05B adopted effective July 8, 2024 (51:13 M. R. 647)
History: Regulation .06 amended effective April 22, 2019 (46:8 Md. R. 401)