# COMAR Title 20 — Public Service Commission

## Subtitle 50 — Service Supplied by Electric Companies

### Chapter 04 — Customer Relations

**Authority:** Public Utility Companies Article, §§2-113, 2-121, 4-202, 5-101, 7-203, and 7-305, Annotated Code of Maryland

**Administrative History:** Effective date: May 22, 1942 (Order No. 38330)

**Administrative History:** Chapter revised effective May 18, 1960 (Order No. 54348)

**Administrative History:** Chapter revised effective June 1, 1965 (Order No. 55819)

**Administrative History:** Regulation .01D amended effective September 21, 2009 (36:19 Md. R. 1438)

**Administrative History:** Regulation .01-1 adopted effective November 18, 1985 (12:23 Md. R. 2224); amended effective July 28, 1986 (13:15 Md. R. 1736)

**Administrative History:** Regulation .01-2 adopted effective April 21, 1986 (13:8 Md. R. 904); amended effective July 28, 1986 (13:15 Md. R. 1736)

**Administrative History:** Regulation .01-2A amended effective May 10, 1993 (20:9 Md. R. 780)

**Administrative History:** Regulation .01-2G adopted effective August 29, 2016 (43:17 Md. R. 957)

**Administrative History:** Regulation .02 superseded effective May 28, 1970 (Order No. 58089, affecting residential customers) and October 20, 1978 (Order No. 63400, affecting all nonresidential customers)

**Administrative History:** Regulation .02 amended effective January 23, 1981 (8:2 Md. R. 117)

**Administrative History:** Regulation .03 amended effective November 18, 1985 (12:23 Md. R. 2224)

**Administrative History:** Regulation .05 amended effective November 18, 1985 (12:23 Md. R. 2224); April 21, 1986 (13:8 Md. R. 904)

**Administrative History:** Regulation .05A, B amended effective October 1, 1967 (Order No. 56893)

**Administrative History:** Regulation .05F adopted effective August 29, 2016 (43:17 Md. R. 957)

**Administrative History:** Regulations .06—.08 repealed effective October 14, 1991 (18:20 Md. R. 2200)

**Administrative History:** Regulation .09 amended effective June 2, 1997 (24:11 Md. R. 794)

#### Regulation .01 Information for Customers.

*COMAR 20.50.04.01*

A. System Maps or Records. Each utility shall maintain up-to-date maps, plans, or records of its entire transmission and distribution system, with such other information as may be necessary to enable the utility to advise prospective customers, and others entitled to the information, as to the facilities available for serving a locality.

B. Selecting Rate Schedule. Each utility shall assist the customer or prospective customer in selecting the most economical rate schedule.

C. Notifying Customers. Each utility shall notify customers affected by a change in rates or schedule classification.

D. Tariff Notice.

  (1) A utility shall post a notice in a conspicuous place in each office of the utility where applications for service are received, informing the public that a copy of its tariff, as filed with the Commission, is available for inspection.

  (2) A utility shall post its tariff and pending tariff changes on its website.

  (3) After Commission acceptance of a tariff change, a utility shall update the tariff posted on its website not later than 3 business days after the date of acceptance.

E. Meter Reading Instruction. Upon request, each utility shall inform its customers as to the method of reading meters.

F. Other Information. Each utility shall furnish such additional information as the customer may reasonably request.

#### Regulation .01-1 Application for Service.

*COMAR 20.50.04.01-1*

A. A utility may accept either written or verbal applications for service. Each verbal application for service shall be promptly confirmed in writing by the utility. A utility may require an applicant to sign and return a copy of the written confirmation. The application shall include the:

  (1) Name, address, home and work telephone numbers, and employer of the customer of record;

  (2) Address of the premises for which electric service is requested;

  (3) Mailing address and telephone number of the customer of record if he is not an occupant of the premises for which service is requested; and

  (4) Customer of record's former electric service address and the date customer moved, if applicable.

B. A utility may require an applicant to sign and return a copy of the written confirmation before providing service.

C. Upon request of the applicant, an electric utility shall accept more than one individual customer name on applications for service. All persons named on an account shall be customers of record.

D. When the name of the person applying for service is different from the name of the applicant, when more than one name is to be on an account, or when there is a reasonable basis for questioning the authority of a person requesting service in the name of the applicant, the utility may request that the applicant or applicants appear at the utility's designated office, present satisfactory identification, and execute a written application for service.

E. Customer Identification. A utility may require a customer to provide a written, signed statement attesting to an order, decree, or agreement formalizing a name change, but may not request a copy of the actual order, divorce decree, or separation agreement.

#### Regulation .01-2 Denial of Application for Residential Service.

*COMAR 20.50.04.01-2*

A. Payment of Outstanding Bills.

  (1) Except as prohibited by State or federal law, a utility may refuse to provide service for a former customer unless the customer has paid, or has made satisfactory arrangements to pay, any outstanding bill, or undisputed portion of a disputed bill, for prior residential service.

  (2) A utility may not refuse service to a customer for nonpayment of an outstanding bill that is over 7 years old, unless the:

    (a) Customer signed an agreement to pay the outstanding bill before the expiration of this period; or

    (b) Outstanding bill is for service obtained by the customer in any manner described in COMAR 20.31.02.03D or COMAR 20.31.02.04A(1)—(4).

B. Refusal to Connect Service. A utility may refuse to connect service if an attempt to secure service is made in any manner described below. If application is made:

  (1) In a fictitious name;

  (2) In the name of an individual who is not an occupant of the premises, without disclosure of the individual's actual address;

  (3) In the name of a third party without disclosing that fact or without bona fide authority from the third party;

  (4) Without disclosure of a material fact or by misrepresentation of a material fact;

  (5) For connection of service to a residence where there are co-occupants, if a service account for that dwelling unit was previously maintained in a current co-occupant's name during a period of co-occupancy with the applicant and the co-occupant has failed to pay or make satisfactory arrangements to pay an outstanding bill or undisputed portion of a disputed bill for service at the dwelling unit, the collection of which is not barred under applicable State or federal law;

  (6) For connection of service to a dwelling unit where there are co-occupants, if the service account of a prior dwelling unit of the applicant was listed in a current co-occupant's name and the co-occupant has failed to pay or to make satisfactory arrangement to pay an outstanding bill or undisputed portion of a disputed bill for service at the prior dwelling unit, the collection of which is not barred under applicable State or federal law; or

  (7) By an individual for the purpose of assisting another occupant of a dwelling unit to avoid payment of that occupant's prior outstanding bill.

C. For purposes of §B, “co-occupants” means two or more adults who occupy the same dwelling unit as their primary domicile, or legal residence within the State.

D. For purposes of this regulation, a utility may provide service conditionally for not more than 30 days after the date of application. If, during this time, a utility discovers that an application has been made in one of the manners enumerated in this regulation, it may disconnect service in accordance with §§E and F.

E. If a utility denies or disconnects service pursuant to this regulation, the utility shall notify the individual in writing of the reason for the denial or disconnection including the facts or circumstances upon which the utility bases its determination that service should be denied or disconnected.

F. An individual who disputes the proposed denial or disconnection shall do so in accordance with the provisions of COMAR 20.32.01.

G. The Commission’s Consumer Affairs Division may direct a utility to connect service, if deemed safe, in a customer’s name during the pendency of an investigation if a utility denies an application for service due to an unpaid arrearage for unauthorized use or tampering with equipment furnished and owned by the utility but does not provide the amount necessary to reconnect service within 3 business days of a filed complaint, provided that the applicant makes a payment to the utility:

  (1) In an amount that represents 2/12 of the estimated charges for service for the ensuing 12 months; and

  (2) Of any outstanding prior bill or in accordance with an alternate payment plan as described in COMAR 20.31.01.08 and agreed to by the utility.

#### Regulation .02 Customer Deposits.

*COMAR 20.50.04.02*

Each utility may require from a customer a deposit to be applied against any unpaid balance due the utility for service at the time service is terminated, in accordance with the provisions of Subtitle 30 of this title.

#### Regulation .03 Bill Forms.

*COMAR 20.50.04.03*

A. The bill forms shall show:

  (1) The readings of all meters used for billing purposes at the end of the period for which the bill is rendered;

  (2) The meter reading date;

  (3) The number and kind of units metered;

  (4) The applicable rate schedule, including any seasonal or time differential in base rates for the billing period in which the differential is applicable, or identification of the applicable rate schedule;

  (5) Any State or local surcharges;

  (6) The applicable late payment charge, if any, separately stated or labelled a late payment charge, or a statement that the total amount due includes:

    (a) A late payment charge,

    (b) An explanation of the calculation, and

    (c) The date of applicability of the late payment charge;

  (7) The total due, including any prior unpaid amount but excluding the current late payment charge;

  (8) The date by which the customer shall pay the bill in order to avoid a late payment charge;

  (9) A distinct marking to identify an estimated bill;

  (10) Information concerning the customer's electricity usage during the same billing period in the prior year;

  (11) The utility's appropriate business address and telephone number for billing inquiries; and

  (12) Any conversions from meter reading units to billing units, or any calculations to determine billing units from recording or other devices, and any other factors used in determining the bill.

B. Rate Schedule. If the actual rates are not shown on the bill form as required in §A(4), the bill shall carry a statement to the effect that the applicable rate schedule, including the actual seasonal, or time differential, the fuel rate and the customer charge will be furnished on request.

C. The Commission may, for good cause, grant a waiver or exemption from provisions in this regulation. A utility may request a waiver of exemption by filing an application with the Commission which sets forth the facts and reasons for the waiver or exemption.

#### Regulation .04 Billing Records.

*COMAR 20.50.04.04*

A. Retention of Records. The utility shall retain customer billing records for the length of time necessary to permit the utility to comply with Regulation .05, of this chapter, but not less than 3 years.

B. Records For Demand Charge Customers. Records for customers whose billing includes a separate charge for a measured demand shall show:

  (1) KWH meter reading;

  (2) KWH consumption;

  (3) KW meter reading;

  (4) KW measured demand;

  (5) KW billing demand;

  (6) Net amount of the bill.

#### Regulation .05 Adjustment of Bills.

*COMAR 20.50.04.05*

A. Fast Meters. Whenever a meter is tested and found to have over-registered more than 2 percent, the utility shall recalculate the bills for service of the last customer of record receiving service through the meter and shall make a refund if the amount of the adjustment exceeds $1. The refund shall be for the period that the customer received service through the meter, but for not more than the periods established below:

  (1) Known Date of Error. If the date on which the error first developed or occurred can be established, the bills for service shall be recalculated from that time.

  (2) Unknown Date of Error. If the time at which the error first developed or occurred cannot be established, it shall be assumed that the over-registration existed for a period of 3 years or a period equal to one-half of the time since the meter was last tested, whichever is less.

B. Slow Meters. Whenever a meter is found to be more than 2 percent slow, the utility may bill the customer one-half of the unbilled error for a period of 12 months, unless the meter has been tested within that 12-month period, in which event the utility may bill the customer one-half the unbilled error for the period since the meter was last tested. If the amount of under-registration is less than $5, the utility may not adjust the bill.

C. Accuracy Calculation. Billing adjustments due to fast or slow meters shall be calculated on the basis that the meter should be 100 percent accurate. For watthour meters, the average accuracy shall be the arithmetic average of the percentage registration at light load and at heavy load, giving the heavy load registration a weight of 4.

D. Overcharge—Undercharge Adjustment. When a customer has been overcharged or undercharged for services because of incorrect application of the rate schedule, incorrect calculation of charges, or other similar reasons, the amount of overcharge or undercharge adjustment shall be determined separately during the period of time the discrepancy occurred, in accordance with the following:

  (1) Overcharge Adjustment. The total overcharge for the period the discrepancy occurred shall be refunded or credited to the customer, except for an overcharge resulting from an incorrect reading of the meter when the amount shall automatically be corrected in a subsequent billing based on the correct meter reading.

  (2) Undercharge Adjustment.

    (a) Unless authorized by the Commission, retroactive billing may not be for undercharging which occurred more than 12 months before the discovery of the error. A utility may seek the Commission's authorization for retroactive billing for undercharges which occurred more than 12 months but not more than 3 years before the discovery of the error if the customer knew, or reasonably should have known, that the bills were in error. The utility's request to the Commission shall be in writing and shall explain the factual basis for the request to the customer with a notice of the customer's right to write to the Commission, within 20 days, if the customer is in opposition to the request.

    (b) If the total undercharge is more than 35 percent of the customer's average monthly bill during the preceding 3 months, the customer shall be allowed to enter into an installment plan to pay the total retroactive billing, without interest. In such a plan the monthly payments against the undercharge may not exceed 35 percent of the customer's average monthly bill during the preceding 3 months. However, if the installment plan will not recover within a 12-month period the total undercharge, the monthly payment may be equal to the total undercharge divided by 12 or a number greater than 12.

    (c) Unless otherwise authorized by the Commission, the utility may deny service for nonpayment only for that portion of the undercharge applicable to the 4 months immediately before the discovery of the error.

E. If requested by a customer, a utility shall provide means by which any undercharge may be paid in installments over a reasonable period of time, but not less than the same period in which any undercharges were incurred.

F. Theft of Service.

  (1) If a meter is found not to register, in whole or in part, due to tampering or interference with the company’s material, equipment, or facilities, the utility may issue an estimated bill.

  (2) The company shall retain all information relied on to calculate the estimated bill for not less than 3 years or until the conclusion of a Commission investigation, whichever is longer.

#### Regulation .06—.08 Repealed.

*COMAR 20.50.04.06—.08*

#### Regulation .09 Customer Wiring.

*COMAR 20.50.04.09*

If local authorities require an inspection of a customer's wiring, the utility may not provide a customer with new or upgraded electric service until the inspecting authority certifies that the wiring conforms to the applicable code.

#### Regulation .10 Investigation of Complaints.

*COMAR 20.50.04.10*

The utility shall investigate promptly and thoroughly any complaint concerning its charges, practices, facilities, or service.

#### Regulation .11 Records of Complaints.

*COMAR 20.50.04.11*

The utility shall keep such records of customer complaints as will enable it to review and analyze its procedures and actions as an aid in rendering improved service.
