Chapter 01. General
Regulation .01 Scope.LinkCopy Citation
A.
Except as provided in §B of this regulation, this subtitle applies to all electric, gas, and combination electric and gas utilities.
B.
This subtitle does not apply:
(1)
To a municipal electric or gas utility;
(2)
To a combination municipal electric and gas utility;
(3)
To an electric or gas utility that supplies electric or gas service to less than 1,000 meters in the State;
(4)
To a gas utility that distributes only propane gas; or
(5)
During an emergency.
Regulation .02 Purpose.LinkCopy Citation
The purpose of this subtitle is to establish regulations that promote competitive markets and ensure that an electric or gas utility does not subsidize its affiliates.
Regulation .03 Definitions.LinkCopy Citation
A.
In this subtitle, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Asset” means property of a type included in the rate base of a utility.
(2)
“Asymmetric pricing” means the transfer of an asset:
(a)
From a utility to an affiliate recorded at the greater of book cost or market value; or
(b)
From an affiliate to a utility recorded at the lesser of book cost or market value.
(3)
“Core service” means a gas or electric supply service that was provided to the public in Maryland by a utility as a monopoly service, within the utility's distribution territory, before the introduction of customer choice programs.
(4)
Core Service Affiliate.
(a)
“Core service affiliate” means a person that is controlled by a utility or an entity that controls the utility, directly or indirectly, and that provides a core service.
(b)
“Core service affiliate” includes a person that provides core and non-core service.
(5)
“Cost allocation manual (CAM)” means a compilation of policies and procedures for the allocation and assignment of costs, which are shared between a utility and its affiliate.
(6)
“Emergency” means:
(a)
A natural disaster, including a hurricane, tornado, or snow storm, that impacts utility service;
(b)
Any national or State-declared state of emergency or condition resulting in federal, State, or local government closing its respective offices;
(c)
An abnormal utility system condition requiring manual or automatic action to:
(i)
Maintain system frequency; or
(ii)
Prevent loss of firm load, equipment damage, disconnection of system elements that could adversely affect utility service, the reliability of a utility electric system or natural gas system, or the safety of persons or property; or
(d)
Acts of others including riots, sabotage, acts of terrorism, insurrections, nationalization, or wars, which adversely affect utility service or the reliability of a utility electric system or natural gas system.
(7)
“Image advertisement” means a corporate public announcement that does not include core or non-core service affiliate contact information.
(8)
“Non-core service” means any service offered or provided to the public in Maryland that is not a core service.
(9)
“Non-core service affiliate” means a person that is controlled by either a utility or a person that controls the utility, directly or indirectly, and that provides only non-core services to the public in Maryland.
(10)
Operational Personnel.
(a)
“Operational personnel” means an employee, contractor, consultant, or agent of an electric or gas utility who conducts distribution system operations or reliability functions, including those who are engaged in day-to-day duties and responsibilities for planning, directing, organizing, or carrying out distribution-related operations.
(b)
“Operational personnel” does not include support personnel or field and maintenance employees of a utility.
(11)
“Standard offer service (SOS)” has the meaning stated in COMAR 20.52.01.02B(8).
(12)
“Utility” means an electric or gas company as defined in Public Utilities Article, §1-101, Annotated Code of Maryland.
Regulation .04 Waiver of Regulations.LinkCopy Citation
A.
Except as provided §B of this regulation, a regulation in this subtitle may be waived by the Commission for good cause shown.
B.
COMAR 20.40.02.07 may not be waived.
Chapter annotations
Authority: Public Utilities Article, §§2-113, 2-121, 7-505, 7-604, and 7-606, Annotated Code of Maryland
History: Effective date: January 1, 1971 (Order No. 59158)
History: Regulation .01 amended effective September 4, 1989 (16:17 Md. R. 1887)
History: Regulation .01C amended effective March 15, 1971 (Order No. 59258)
History: Regulation .01G amended effective March 15, 1971 (Order No. 59248)and July 1, 1971 (Order No. 59375); May 6, 1985 (12:9 Md. R. 814)
History: Regulation .01H adopted effective May 6, 1985 (12:9 Md. R. 814)
History: Regulation .02H amended effective May 6, 1985 (12:9 Md. R. 814)
History: Regulation .05A amended effective May 6, 1985 (12:9 Md. R. 814)
History: Regulation .05D, E, and F adopted effective May 6, 1985 (12:19 Md. R. 814)
History: Regulations .01—.08, Electric and Gas Public Service Companies, repealed and new Regulations .01—.04, General, adopted effective March 13, 2006 (33:5 Md. R. 522)