This chapter 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. This chapter governs terminations and reconnections of electric service, gas service, or both, for residential customers qualifying for the Utility Service Protection Program (USPP). Upon good cause shown, the Commission may authorize a municipally owned electric utility, a municipally owned electric and gas utility, or an electric or gas utility with fewer than 5,000 customers to establish instead of the Utility Service Protection Program another program designed to safeguard MEAP customers from termination of service during the heating season. In order to obtain this authorization, the utility shall show to the satisfaction of the Commission that implementation of the USPP will be unduly burdensome for the utility and that the alternative program provides adequate and appropriate safeguards to MEAP customers. In this chapter, the following terms have the meanings indicated. Terms Defined. “Arrearage” or “outstanding arrearage” means amounts owed by a customer for gas or electric service other than the most current billing cycle usage. “Heating season” means billing months of November through March of successive calendar years. “MEAP” means the Maryland Energy Assistance Program administered by the Maryland Department of Human Services. “MEAP eligible” means a utility customer who has met the criteria established by the Maryland Energy Assistance Program for receipt of an energy assistance grant. “Poverty levels” or “percentages of poverty” means the income guidelines used by the Department of Human Services to establish income eligibility for MEAP grants. “Program participant” means a customer who has met all eligibility requirements, completed all application procedures, and is enrolled in the Utility Service Protection Program. Each utility under the jurisdiction of the Public Service Commission shall provide and administer a Utility Service Protection Program consistent with these regulations. Each utility shall establish and offer its Utility Service Protection Program before November 1 of each year. Before November 1 of each year, each utility shall advise customers of the availability of the Utility Service Protection Program through all of the following: Bill inserts in September and October which provide a description of the Utility Service Protection Program. Either a Customer Rights Pamphlet which includes a general summary of the Utility Service Protection Program or a separate pamphlet explaining the Utility Service Protection Program. Normal collection procedures. A letter to all electric and gas heating customers whose service was terminated since the last heating season and not reconnected. The letter should include: The provisions of the Utility Service Protection Program; The amount of the customer's arrearage; The conditions for service reconnection under Regulation .08; and Information regarding the availability and sources of assistance for which the customer may qualify. Other reasonable promotional efforts. Utility customers eligible for energy assistance from the Maryland Energy Assistance Program (MEAP) are eligible for participation in the Utility Service Protection Program, provided that the customer: Complies with the application procedures set forth in Regulation .05; and Secures reconnection of any terminated gas or electric service by making the designated payment for outstanding arrearages described in Regulation .08. For participation in the Utility Service Protection Program, a customer shall apply for the Maryland Energy Assistance Program for those utilities which provide gas and electric service to the customer. Completed applications forwarded by MEAP to the utility shall include: A written certification from MEAP that the applicant has applied and is eligible for MEAP; and A written designation from MEAP of the applicant's poverty level and grant amount payable to the utility. The applicant shall sign a form requesting participation in the USPP and agreeing to: Comply with the terms of the Utility Service Protection Program; Make payments pursuant to an annual payment plan which is specific to the customer and calculated in accordance with Regulation .06; and Make payments pursuant to a supplemental payment plan to retire any accumulated arrearages under COMAR 20.31.01.08. The utility shall consider the poverty level of the household as determined in the MEAP application in establishing the amount of the required monthly payment to liquidate arrearages. At the time of application, an applicant shall be notified of all protections and responsibilities accorded under Regulations .06—.08 of this chapter. An applicant shall be promptly notified by the utility of his acceptance into the Utility Service Protection Program and be provided with a copy of the equal monthly payment plan designated for that applicant under Regulation .06 of this chapter. Each utility shall reimburse the MEAP for its administrative costs of taking applications from program participants and forwarding them to the utility. The charge shall be as established by the Commission upon request by MEAP. An equal monthly payment plan based on the estimated cost of average annual utility usage minus annual MEAP benefits payable to the utility shall be used as the basis to determine appropriate payments for participation in the Utility Service Protection Program. Monthly payments shall be calculated as follows: The utility shall calculate average annual cost based on a 12-month history of the customer's dwelling or a comparable dwelling; The average annual cost shall be reduced by the amount of the participant's MEAP benefit; and The estimated annual cost shall be divided by 12 to give the monthly payment obligation. The monthly bill shall separately state each of the following: The combined amount due under the equal monthly payment plan plus the amount due under the supplemental payment plan under COMAR 20.31.04.01, if applicable; The actual usage for the month; and The cost of the actual usage for the month. The estimated annual obligation shall be recalculated at least once a year to reflect actual customer consumption. If actual usage exceeds the average monthly billing, the excess may be amortized over future monthly payments. If a customer fails to make a payment in compliance with his equal monthly payment plan, a utility shall provide at least one warning notice that the payment is past due and that nonpayment of two consecutive bills shall render the customer subject to removal from the Utility Service Protection Program and service termination. Except as otherwise provided in §D, a customer may be removed from the Utility Service Protection Program and subject to service termination if the customer fails to pay, on two consecutive monthly due dates, the amount due. Notwithstanding a customer making payments in compliance with his equal monthly payment plan, the customer may be subject to service termination when applicable grounds exist under COMAR 20.31.02.03 or COMAR 20.31.02.04. In initiating service termination, the utility shall comply with COMAR 20.31 before any termination of service may occur. A customer eligible for participation in the Utility Service Protection Program who is not receiving utility service shall have his utility service reconnected for the purpose of participation in the Utility Service Protection Program, provided that the customer: Is certified eligible for MEAP assistance; Complies with the application procedures in Regulation .05; and Makes the designated payment for outstanding arrearages as described in §B. Amount of Payment. A customer participating in the Utility Service Protection Program shall pay an amount sufficient to reduce the outstanding arrearage to $400. A customer who has previously participated in and has been removed from the Utility Service Protection Program shall pay the greater of: An amount sufficient to reduce outstanding arrearage to $400; or The amount covering the monthly installments in arrears in the customer's equal monthly payment account and supplemental payment account at the date of reconnection. Application of MEAP Benefits to Arrearages. Applicants for the USPP program may elect to apply all or part of the MEAP benefit to past arrearages to qualify for participation in the USPP after all other emergency funds, public and private, for which the client is eligible have been used. In the case of an election in §C(1), the equal monthly payment shall be based on estimated annual consumption less any remaining MEAP benefits. A reconnection fee or additional security deposit may not be charged to customers eligible for reconnection under §A. In order to evaluate the impact of the Utility Service Protection Program, each participating utility shall compile and maintain certain data, as specified by the Public Service Commission, to be filed with the Commission for the year ending March 31. The data shall be filed with the Commission not later than September 1. For purposes of scheduling low-cost weatherization, utilities shall provide the Department of Housing and Community Development Weatherization Program with the names and addresses of customers with incomes at 50 percent of poverty or below whose service is reconnected pursuant to Regulation .08. Each utility shall furnish the Department of Housing and Community Development with the name, address, and winter energy consumption, November through March, of those Utility Service Protection Program participants whose usage is 135 percent or more of the system average for residential consumption of that fuel. The utility shall also notify the customer of his high energy consumption. Public Utilities Article, §§2-113, 2-121, 5-101, and 7-307, Annotated Code of Maryland Effective date: October 22, 1984 (11:21 Md. R. 1816) Regulation .01B amended effective August 25, 1986 (13:17 Md. R. 1924); September 20, 1987 (14:19 Md. R. 2060) Regulation .03B, C amended effective August 25, 1986 (13:17 Md. R. 1924); September 20, 1987 (14:19 Md. R. 2060) Regulation .05 amended effective August 25, 1986 (13:17 Md. R. 1924) Regulation .05F amended effective September 20, 1987 (14:19 Md. R. 2060) Regulation .06C amended effective October 6, 1986 (13:20 Md. R. 2213); September 20, 1987 (14:19 Md. R. 2060) Regulation .06D amended effective September 20, 1987 (14:19 Md. R. 2060) Regulation .08 amended effective August 25, 1986 (13:17 Md. R. 1924); September 20, 1987 (14:19 Md. R. 2060) Regulation .09C amended effective September 20, 1987 (14:19 Md. R. 2060) Regulations .01—.10, Winter Heating Protection Program, repealed effective November 14, 1988 (15:23 Md. R. 2661) Regulations .01—.10, Utility Service Protection Program, adopted effective November 14, 1988 (15:23 Md. R. 2661) Regulation .01B amended effective August 23, 2021 (48:17 Md. R. 669) Regulation .05D amended effective August 23, 2021 (48:17 Md. R. 669) Regulation .05F amended effective December 24, 1990 (17:25 Md. R. 2909); June 17, 1996 (23:12 Md. R. 873) Regulation .07E repealed effective August 23, 2021 (48:17 Md. R. 669) Regulation .08B, C amended effective August 23, 2021 (48:17 Md. R. 669) Regulation .09 amended effective August 23, 2021 (48:17 Md. R. 669)