This subtitle applies to all electric companies, gas companies, combination gas and electric companies, telephone companies, licensed suppliers, licensed brokers, registered CSEGS subscriber organizations, and water companies under the jurisdiction of the Public Service Commission. Except for complaints initially filed under Public Utilities Article, §3-102, Annotated Code of Maryland, and COMAR 20.07.03, this subtitle governs customer disputes with utilities, which are reviewed, investigated, or resolved by the Consumer Affairs Division within the Commission pursuant to this subtitle. In this subtitle, the following terms have the meanings indicated. Terms Defined. “CAD” means the Consumer Affairs Division within the Commission pursuant to this subtitle. “Commission” means the Public Service Commission of Maryland. “Community Solar energy generating system” or “CSEGS” has the meaning stated in Public Utilities Article, §7-306.2, Annotated Code of Maryland. “Customer” means any person, association, partnership, corporation, or governmental agency who has applied for utility service, in whose name a utility service account is maintained, or has been solicited by a supplier to purchase energy supply. “Dispute” means a disagreement between a utility and a customer regarding provision of utility service, disputed bills, billing practices, or terminations of service. “Disputed bill” means a bill which is the subject of a controversy between a customer and a utility regarding any billing error, including, but not limited to: Errors in computation; Failure of the bill to reflect a payment or credit; or Billing for service for which the customer alleges he was not responsible. “Inquiry” means the written or oral communication used by a customer to request review of a dispute. “Mediation” means a third-party effort to resolve, negotiate, or conciliate a dispute. “Subscriber organization” has the meaning stated in COMAR 20.62.01.02B(19). “Supplier” has the meaning defined in COMAR 20.54.01.02B(9) and COMAR 20.51.01.02B(10). “Termination” means the discontinuance of electric, gas, or telephone service to a customer or premises. “Utility” means an electric company, gas company, combination gas and electric company, telephone company, or water company as defined by Public Utilities Article, §1-101, Annotated Code of Maryland. A customer shall initially submit any inquiry or dispute directly to a utility, supplier, or a subscriber organization for resolution. A utility, supplier, or subscriber organization shall investigate a customer dispute or inquiry, and propose a resolution of the dispute to the customer or report its findings to the customer. In responding to a customer inquiry about price and service, a utility may provide information about its SOS and Sales service rates and may refer the customer to the website of the Commission or the Office of People’s Counsel for additional information. If a utility determines that its actions with regard to the dispute or inquiry are consistent with Public Utilities Article, Annotated Code of Maryland, COMAR Title 20, orders of the Commission, and its own tariffs, the utility shall notify the customer and may: Require full payment of the bill; or Begin termination proceedings under COMAR 20.31. A utility may not terminate a customer's service before complying with §§B, C, and G of this regulation. A utility may terminate a customer's service under COMAR 20.31.02.03 while resolution or disposition of a dispute or inquiry is pending. A utility may require a customer to pay the undisputed portion of a bill while resolution or disposition of a dispute or inquiry is pending. If a customer disputes a utility's determination, the utility shall inform the customer of the right to submit an inquiry to the Commission under Regulation .04 of this chapter, and shall provide the address and telephone number of CAD. If a customer disputes a utility’s, a supplier’s, or a Subscriber organization’s determination under Regulation .03 of this chapter, the customer may submit an inquiry to the Commission within 7 days of receipt of the determination. If a customer contacts the Commission or its staff before contacting the utility, the supplier, or the subscriber organization, the customer shall be advised of Regulation .03 of this chapter and referred to the utility, supplier, or the subscriber organization. The Consumer Affairs Division may review and investigate an inquiry referred by the Commission, its staff, or a customer. If the CAD initiates an investigation, it shall: Inform the utility or supplier in writing that an investigation shall be opened; and Request information from the utility or supplier to review the inquiry. When engaging in an investigation, the CAD may consult with other agencies including the Commission staff, the Attorney General’s Office or the Office of People’s Counsel. The CAD shall close its investigation in writing if: The CAD determines that no further investigation is necessary or warranted; The CAD determines that the Commission has no jurisdiction to pursue an investigation; A satisfactory resolution to the inquiry is reached; or Any reason that requires closure of the investigation. The CAD may submit a summary of its written findings and conclusions to the Commission if no resolution is reached. The summary of written findings and conclusions shall be treated as an appeal under COMAR 20.32(M). CAD may require that a customer submit a written inquiry to expedite investigation of a dispute. A written inquiry shall include: The name, address, telephone number, and account number of the customer; The name of the utility and supplier, if there is one; The reason for the inquiry or dispute; A summary of the customer’s efforts to resolve the inquiry or dispute with the utility or supplier; and Copies of bills, termination notices, correspondence, or other documentation relevant to the inquiry. After receipt of an inquiry, CAD shall initiate a review and an investigation to resolve the matter that includes but is not limited to: Obtaining information from the utility or supplier and customer; Reviewing applicable statutes, regulations, and tariffs; and Mediating between the parties. A utility, a supplier, a subscriber organization, and a customer may be given an opportunity to respond to the position or information provided to CAD by the other party. A utility and a supplier or subscriber organization shall respond to a CAD request for investigation or information and shall make a good faith attempt to do so within 7 working days of its receipt. An inquiry or dispute brought under this subtitle may be closed if CAD determines in the course of its investigation that the: Customer has not dealt with the utility, the supplier, or the subscriber organization in good faith; Customer has otherwise failed to comply with COMAR Title 20; or Utility, supplier, or subscriber organization has complied with Public Utilities Article, Annotated Code of Maryland, the Commission’s regulations and orders, and the utility’s own tariff. CAD shall provide the utility, the supplier if there is one, the subscriber organization, if there is one, and the customer with a written summary of its findings and conclusions on completion of its investigation. If CAD believes that a dispute or inquiry has been satisfactorily resolved, the parties shall be advised that no further action will be taken, and that the file will be closed unless a request for further review under §L of this regulation is submitted. Request for Further Review. Parties may request further review of an inquiry or dispute by filing a written request with the Assistant Director of CAD within 10 days after receiving CAD’s summary of its findings or conclusions, or notice that a file has been closed. A request for further review shall include: An explanation of the need for further review; The action or relief requested; and New or additional information or documentation relevant to the dispute. The Assistant Director may further investigate, as warranted, or convene an informal conference among the parties, to mediate or resolve the dispute. The Assistant Director shall advise the utility and the customer of the disposition of the request for further review. The Assistant Director’s disposition may be appealed to the Commission within 10 days of its receipt by filing a complaint under Public Utilities Article, §3-102, Annotated Code of Maryland, and COMAR 20.07.03. Pending the disposition of a customer’s inquiry or dispute by the Public Service Commission, a utility: May require a customer to pay only the undisputed portion of a bill; and May not terminate a customer’s service or pursue recovery through third party collection efforts of any charges or fees billed to the customer but not purchased by the utility, except for reasons permissible under COMAR 20.31.02.03. Public Utilities Article, §§2-112, 2-113, 2-121, and 3-102, Annotated Code of Maryland Effective date: August 6, 1990 (17:15 Md. R. 1862) Regulation .01A amended effective March 14, 2016 (43:5 Md. R. 386); July 18, 2016 (43:14 Md. R. 780) Regulation .01B amended effective June 15, 1998 (25:12 Md. R. 948) Regulation .02B amended effective June 15, 1998 (25:12 Md. R. 948); March 14, 2016 (43:5 Md. R. 386); July 18, 2016 (43:14 Md. R. 780) Regulation .03A, B amended effective March 14, 2016 (43:5 Md. R. 386); July 18, 2016 (43:14 Md. R. 780) Regulation .03G amended effective June 15, 1998 (25:12 Md. R. 948) Regulation .04 amended effective June 15, 1998 (25:12 Md. R. 948); March 14, 2016 (43:5 Md. R. 386); July 18, 2016 (43:14 Md. R. 780)