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<regulation prefix="Regulation" num=".08" citation="COMAR 20.40.02.08" title_num="20" subtitle_num="40" chapter_num="02" heading="Record and Reporting Requirements.">
  <paragraph num="A.">
    <text>Each Cost Allocation Manual filed as directed in Regulation .07 of this chapter shall contain the following items:</text>
    <paragraph num="(1)">
      <text>The amount the utility allocated or assigned the previous calendar year for each type of cost identified in its CAM;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>An affidavit stating that its cost allocation and the transfer pricing of an asset complies with this subtitle; and</text>
    </paragraph>
    <paragraph num="(3)">
      <text>A certification that a training program is in place to train personnel as necessary to comply with this subtitle.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>On or before May 15 of each calendar year a utility shall file with the Commission a report for the previous calendar year ending December 31 titled “Ring Fencing Report” containing the following items:</text>
    <paragraph num="(1)">
      <text>A summary of all measures intended to protect the utility's financial strength and credit ratings from the activities of core service and non-core service affiliates;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>A corporate organization chart identifying the utility and its core service and non-core service affiliates;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>A description of each core service and non-core service affiliate's business;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>If available, a copy of each core service and non-core service affiliate's most recently published credit rating report made by a nationally recognized credit rating agency;</text>
    </paragraph>
    <paragraph num="(5)">
      <text>If a utility shares personnel with a core service or non-core service affiliate, a personnel-sharing report listing the shared personnel's position title and function;</text>
    </paragraph>
    <paragraph num="(6)">
      <text>A list of asset transactions between a utility and its core service and non-core service affiliate consistent with the following guidelines:</text>
      <paragraph num="(a)">
        <text>For an asset transferred to or from a utility where the book value is above $75,000, the report shall:</text>
        <paragraph num="(i)">
          <text>Describe the transferred asset;</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Indicate the affiliate providing or receiving the asset;</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>Provide the value received or given for the transferred asset; and</text>
        </paragraph>
        <paragraph num="(iv)">
          <text>Provide an external appraisal or the market value of the transferred asset; and</text>
        </paragraph>
      </paragraph>
      <paragraph num="(b)">
        <text>For an individual asset transferred to or from a utility where the book value is below $75,000, the report shall identify the type of asset transferred and the affiliate providing or receiving the asset;</text>
      </paragraph>
    </paragraph>
    <paragraph num="(7)">
      <text>A list of all assets, if individually accounted for, or asset categories owned by the utility which were loaned or shared with a core service or non-core service affiliate;</text>
    </paragraph>
    <paragraph num="(8)">
      <text>A list of all assets jointly owned with a core service or non-core service affiliate; and</text>
    </paragraph>
    <paragraph num="(9)">
      <text>A list of all core service or non-core service affiliate debt guaranteed by the utility or secured by any utility asset.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>A utility shall maintain a detailed monthly record of any cost allocation and assignment and make this record available for Commission review and audit.</text>
  </paragraph>
  <paragraph num="D.">
    <text>A utility shall permit the Commission to have access to any report and associated work papers prepared for a utility by an independent auditor hired to perform an audit under Public Utilities Article, §4-208, Annotated Code of Maryland.</text>
  </paragraph>
  <paragraph num="E.">
    <text>A utility shall notify the Commission within 7 days after the utility or its affiliate:</text>
    <paragraph num="(1)">
      <text>Files for bankruptcy; or</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Is in material breach of any debt obligation which is guaranteed by the utility or secured by its assets.</text>
    </paragraph>
  </paragraph>
</regulation>