Title 20 — Subtitle 53. Competitive Electricity Supply

Chapter 01. General

Regulation .01 Scope.Link Copy Citation

This subtitle is applicable to electric utilities and suppliers only in service territories where customers have customer choice.

Regulation .02 Definitions.Link Copy Citation

In this subtitle, the following terms have the meanings indicated.

Terms Defined.

(1)

Agent.

(a)

“Agent” means a person who conducts marketing or sales activities, or both, on behalf of a licensed supplier or broker.

(b)

“Agent” includes:

(i)

An employee;

(ii)

A representative;

(iii)

An independent contractor;

(iv)

A vendor;

(v)

Subcontractors;

(vi)

Employees;

(vii)

Vendors; and

(viii)

Representatives not directly contracted by the supplier who conduct marketing or sales activities on behalf of the supplier.

(2)

“CAD” means the Consumer Affairs Division within the Commission pursuant to COMAR 20.32.01.02B(2).

(3)

“Commission” means the Public Service Commission of Maryland.

(4)

“Consent” means an agreement with an action communicated by the following:

(a)

A written document with customer signature;

(b)

An electronic document with electronic signature; or

(c)

A voice recording only if the agreement is exempt under the Maryland Telephone Solicitations Act.

(5)

“Consumer” or “customer” means the regulated utility retail electric customer account holder.

(6)

“Contract for energy assistance households” means a residential retail energy supply contract that meets the legal requirements of Public Utilities Article, §4-308, Annotated Code of Maryland, and any other applicable requirements in the Public Utilities Article in connection with a supplier’s supply service for customers who are part of an energy assistance household.

(7)

“Contract Summary” means a summary of the material terms and conditions of a retail energy supply contract, on a form provided by the Commission.

(8)

“Customer choice” has the meaning stated in Public Utilities Article, §7-501, Annotated Code of Maryland.

(9)

“Drop” means the removal of a customer from a supplier's service.

(10)

“Electric company” has the meaning stated in Public Utilities Article, §1-101, Annotated Code of Maryland.

(11)

“Electricity supplier” or “supplier” means a person licensed under COMAR 20.51.

(12)

“Electronic transaction” means a standardized data protocol or electronic transmission medium that has been accepted by the Commission for use in Maryland.

(13)

“Energy assistance household” means that the Office of Home Energy Programs found that the service address or household associated with the utility account qualified for an electric assistance program during the current or previous fiscal year. For a utility that provides both gas and electric service, an energy assistance household means that the Office of Home Energy Programs found that the service address or household associated with the utility account qualified for an electric or gas assistance program during the current or previous fiscal year.

(14)

“Energy assistance program” means the following programs administered by the Maryland Office of Home Energy Programs by which a customer receives financial assistance paying their electricity utility bills, which includes but is not necessarily limited to:

(a)

The Maryland Energy Assistance Program;

(b)

The Electric Universal Service Program; and

(c)

The Arrearage Retirement Assistance Program.

(15)

“Enrollment” means the addition of a customer to a supplier's service.

(16)

“Evergreen contract” means an existing contract that automatically renews without any action by the customer.

(17)

“Fiscal year” means the 12-month period that begins on July 1 of a calendar year and ends June 30 of the next calendar year.

(18)

“Overcharge” means the difference between the price the customer would have paid the customer's authorized supplier and what the customer paid to the unauthorized supplier.

(19)

“Public event” means an event open to the public, which may facilitate retail electricity sales and marketing activities or may result in an electricity customer enrollment transaction.

(20)

“Scheduling coordinator” means an entity or entities:

(a)

Recognized by the regional transmission organization designated for Maryland by the Federal Energy Regulatory Commission;

(b)

Qualified to act on behalf of the supplier in taking those actions with the regional transmission organization as are necessary to fulfill the supplier's coordination service obligations as defined in the utility tariff, including the submission of energy schedules to the regional transmission organization; and

(c)

That is:

(i)

A member of the regional transmission organization; or

(ii)

The agent for scheduling purposes of one or more suppliers that are members of the regional transmission organization.

(21)

“Standard offer service (SOS)” has the meaning stated in Public Utilities Article, §7-501, Annotated Code of Maryland.

(22)

“Standard offer service rate” is the utility rate as approved in the utility’s applicable SOS tariff that would be charged to an SOS customer, excluding any charges, adjustments, riders, or taxes related to distribution rate. The utility shall post and maintain this rate in an easily accessible location on its website.

(23)

“Supplier-consolidated billing (SCB)” means a form of competitive billing services in which a gas or an electricity supplier is authorized by the Commission to render a bill to a retail gas or electric customer that includes both the supplier charges and the gas or electric company’s regulated charges.

(24)

“Supply price comparison information” means the rate and language that the Commission may require to be printed on a customer’s bill to permit the customer to make meaningful comparisons between competitive supplier prices and the price for standard offer service or sales service provided by the customer’s utility.

(25)

“Third party verification (TPV)” means consent from the customer agreeing to each of the below-listed material contract terms that is recorded by an independent person not party to the agreement or that may be performed by an automated, computerized system. To be valid, the TPV must occur without the presence of the sales agent, and at the outset must describe how the customer can cancel the TPV at any time prior to completion. The consent from the customer must include an acknowledgement:

(a)

That he or she is voluntarily choosing to enroll with a supplier;

(b)

Of the type of product offered (variable, fixed, a combination of both);

(c)

Of the price and duration of the contract;

(d)

Of the amount of an early termination fee (if applicable);

(e)

That the customer is authorized to make the switch;

(f)

Of the contract renewal procedures;

(g)

That the customer may access future pricing information;

(h)

That the customer has received the supplier’s customer support contact information; and

(i)

If the customer is entering into a supplier-consolidated billing contract:

(i)

That the customer is voluntarily choosing to be billed by the supplier for both supplier charges and utility charges; and

(ii)

That the customer understands that the customer’s previous bill provider may bill the customer for prior unpaid charges.

(26)

“Utility” means an electric company as defined in Public Utilities Article, §1-101, Annotated Code of Maryland.

(27)

“Utility consolidated billing” means a customer bill produced by a utility that contains both supplier and utility charges.

Regulation .03 Uniform Electronic Transactions.Link Copy Citation

All suppliers and utilities shall use the uniform electronic transaction processes approved by the Commission.

Regulation .04 Utility Compliance Plan.Link Copy Citation

Utilities shall file a plan and relevant tariffs for compliance with this subtitle within 45 days after this regulation becomes effective.

Regulation .05 Waiver.Link Copy Citation

The Commission may waive a regulation in this subtitle for good cause shown.

Chapter 02. Reserved

Chapter 03. Pre-Enrollment Information

Regulation .01 Supplier Customer Consent — Pre-Enrollment.Link Copy Citation

Pre-Enrollment Customer Information. Before requesting precontracting customer information described in Regulation .02 of this chapter from a utility, a supplier shall:

(1)

Notify the customer of its intention to request customer information from a utility; and

(2)

Obtain the customer's consent for release of the customer's information from the utility.

Notice. The supplier notice required under §A(1) of this regulation shall specify the customer information listed in Regulation .02 of this chapter to be requested from a utility.

Customer Consent Record.

(1)

A customer's consent under §A(2) of this regulation is valid for a time mutually agreed to by the customer and the supplier.

(2)

Consent Records.

(a)

A supplier shall maintain a record of a customer's consent under §A(2) of this regulation for a period of not less than 180 days from the expiration of the customer's consent.

(b)

A supplier's customer consent records are subject to audit by the Commission.

A customer's consent under this regulation is not a contract or enrollment for supplier services.

Regulation .02 Pre-Enrollment Information.Link Copy Citation

On request of a supplier, a utility shall provide the following applicable customer information:

(1)

Account name;

(2)

Billing address;

(3)

Service address;

(4)

Utility account number and any other number designated by the utility as necessary to process an enrollment;

(5)

Bill cycle;

(6)

Voltage level;

(7)

Utility rate class or code;

(8)

Energy assistance household status;

(9)

Load profile;

(10)

Meter number;

(11)

Meter type;

(12)

Multiple meter indicator;

(13)

Peak load contribution;

(14)

Metered demand;

(15)

Billed demand;

(16)

Monthly historical demand for the previous 12 months;

(17)

Monthly historical consumption for the previous 12 months;

(18)

Monthly time-of-use data for the previous 12 months; and

(19)

Interval meter data for the previous 12 months.

A utility shall provide the information in §A of this regulation to a supplier through an electronic transaction approved by the Commission.

Chapter 04. Transfers of Service

Regulation .01 Scope.Link Copy Citation

This chapter applies to customers switching from competitive supply service to another supplier or SOS.

Regulation .02 Supplier Enrollment and Drops.Link Copy Citation

A supplier may enroll or drop a customer by sending the appropriate electronic enrollment or drop transaction to the utility.

Effective Dates. A utility shall process an electronic enrollment or drop from a supplier to be effective within 3 business days after receipt of the electronic transaction.

The utility shall drop a customer from its current supplier when another supplier enrolls the customer.

A utility shall assign a customer who has been dropped by a supplier and not enrolled by another supplier to SOS.

A utility may not be required to process more than two enrollments and two drops per customer per bill cycle.

A supplier may not require that a customer provide it with advance notice, written or otherwise, before the customer switches to another supplier or to SOS.

A utility shall reject a customer's enrollment into supplier-consolidated billing if, at the time of switch, the customer:

(1)

Has a regulated electric utility arrearage older than 30 days;

(2)

Is on a payment arrangement plan with the utility; or

(3)

Has applied for or is receiving funds from the Office of Home Energy Programs, including but not limited to, payments authorized as part of the Electric Universal Service Program or Maryland Energy Assistance Program or enrolled into the Utility Service Protection Program.

Beginning July 1, 2023, a utility shall reject a customer’s enrollment with a supplier if, at the time of the enrollment:

(1)

The customer is an energy assistance household; and

(2)

The supplier does not have a Commission-approved contract for energy assistance households.

The supplier shall inform the customer within 2 weeks if a customer’s enrollment is rejected for the reasons specified in §G or H of this regulation.

Customer Who Starts to Receive Energy Assistance While on Supplier-Consolidated Billing.

(1)

The utility shall provide a supplier 3 business days notice if a supplier's customer on supplier-consolidated billing receives a Maryland Energy Assistance Program or Electric Universal Service Program grant.

(2)

The utility shall drop a customer from supplier-consolidated billing to SOS after sending the supplier notice under this regulation if the supplier continues to provide the customer supplier-consolidated billing service after 3 business days.

(3)

A supplier may change a customer's billing method adhering to COMAR 20.53.05.08 within 3 business days of receipt of the utility notice provided in §I(1) of this regulation, provided that the supplier issues the notices required by COMAR 20.53.05.08B after the change in billing method.

For Contracts Signed on or After July 1, 2023 with a Customer Who Starts to Receive Energy Assistance While Receiving Service from an Electric Supplier.

(1)

When a utility determines that a supplier’s existing customer is newly identified as an energy assistance household, the utility shall within 3 business days provide the supplier notice of that determination.

(2)

Upon receipt of the notice required under §K(1) of this regulation, the retail supplier shall, within 5 business days:

(a)

Terminate the contract and return the customer to SOS;

(b)

If provided for under the existing contract, begin providing service under a Commission-approved contract for low-income customers; or

(c)

Obtain the customer’s consent to receive service under a Commission-approved contract for low-income customers.

(3)

The supplier shall charge the customer the supplier’s current contract rate or SOS rate, whichever is lower, for the time between the supplier’s receipt of the notice in §K(1) of this regulation and the date the customer either is dropped to SOS or begins receiving service under a contract for energy assistance households.

Regulation .03 Transaction Error Handling.Link Copy Citation

This regulation applies to enrollment or drop transaction errors that are identified not later than 2 business days after the transaction is initiated by a supplier.

A supplier shall notify a utility of a drop error or enrollment error by an electronic cancel transaction not later than 2 business days after the enrollment or drop is initiated by the supplier.

A utility shall process an electronic cancel transaction under §B of this regulation consistent with Commission approved procedures for processing enrollment-related and drop-related transactions.

On receipt of an electronic cancel transaction under this regulation, a utility shall return the customer to the customer's enrollment state before the erroneous transaction.

(1)

If the erroneous transaction is identified by the incumbent supplier, the incumbent supplier shall, upon verifiable consent of the customer, cancel the pending enrollment by notifying the utility by an electronic cancel transaction within 24 hours of the customer's consent.

(2)

Initiation of the electronic cancel transaction by the incumbent supplier without the verifiable customer consent required in §E(1) of this regulation is considered an unauthorized enrollment of the customer with the incumbent supplier.

Regulation .04 Customer Initiated Drops.Link Copy Citation

Customer Cancellation.

(1)

A customer that wants to cancel a supplier contract shall first attempt to cancel the contract according to the terms of the contract.

(2)

If a customer attempts to cancel a contract by contacting the utility first, the utility shall direct the customer to contact the supplier through the means detailed in the supplier contract, terms and conditions or may direct the customer to contact the supplier through use of contact information on the Commission’s website.

(3)

If a customer’s cancellation request has not been received by the utility from the customer’s supplier, and the customer confirms that more than three days have passed since the customer cancelled the contract with the supplier, the utility shall process a cancellation.

(4)

Customer initiated drops shall be processed in accordance with the provisions of COMAR 20.53.04.02.

A supplier may not include cancellation provisions in its contract for service that would limit or waive this provision.

A customer that initiates a drop with the utility must switch back to SOS as described in Regulation .02 of this chapter.

A customer’s request to cancel service with the current retail supplier under this regulation does not limit cancellation provisions contained in the customer’s service agreement with the supplier.

Chapter 05. Supplier-Utility Coordination, Utility-Consolidated Billing, and Supplier-Consolidated Billing

Regulation .01 Electric Energy Scheduling.Link Copy Citation

A utility and a supplier shall follow the energy scheduling procedures of the regional transmission organization designated for Maryland by the Federal Energy Regulatory Commission.

Coordination of Energy Schedules.

(1)

A supplier may use more than one scheduling coordinator.

(2)

Unless otherwise provided by mutual agreement between a supplier and a utility, a utility shall accommodate at least ten supplier scheduling coordinators.

Regulation .02 Load Assignment.Link Copy Citation

A utility shall report a load obligation for a supplier's customers to the regional transmission organization designated for Maryland by the Federal Energy Regulatory Commission as specified in the utility's tariff.

A utility shall provide to the supplier customer usage data that will allow a supplier to bill customers in a timely manner for capacity and energy that is consistent with the load obligation assigned to the supplier by the utility.

Regulation .03 Utility Consolidated Billing.Link Copy Citation

A supplier may elect to use utility consolidated billing.

A utility and a supplier shall transmit consumption, billing, and related data to each other using electronic transactions for the purpose of utility consolidated billing.

A utility shall remit supplier revenue and billing data to a supplier by electronic transaction.

Suppliers using utility consolidated billing shall have access to customer billing and payment information from the utility for the supplier's presently enrolled customers at no cost beyond the tariffed rate for consolidated billing.

A utility shall provide a supplier using utility consolidated billing with the same electronic access to customer bill information that it provides to the customer.

Regulation .04 Budget Billing.Link Copy Citation

A utility that uses budget billing to determine a customer's bill shall perform a final budget reconciliation for the commodity portion of the bill on the switch of a customer from SOS to a supplier service.

A utility's portion of a budget bill amount for a customer who is served by a supplier shall be based solely on the utility's regulated charges.

For those customers who otherwise have a budget billing option, a utility shall make budget billing available for supplier charges.

Regulation .05 Utility Responsibilities in the Event of Supplier Default.Link Copy Citation

A supplier is considered a defaulted supplier if it is unable to deliver electricity because:

(1)

The Commission revokes or suspends the supplier's retail electricity license; or

(2)

The supplier is unable to transact sales through the regional transmission organization designated for Maryland by the Federal Energy Regulatory Commission.

A defaulted supplier using utility-consolidated billing remains obligated to provide the utility with information necessary to allow the utility to continue consolidated billing through the conclusion of the billing cycle in which the default occurred.

The defaulted supplier using utility consolidated billing services is prohibited from issuing bills to persons who were customers at the time of the default unless specifically authorized by the Commission. A request to authorize a supplier to bill directly may be made by the supplier or the applicable utility.

In order that supplier charges may be included in utility consolidated billing services, a defaulted supplier and the utility shall abide by the Maryland supplier coordination agreement.

Supplier Ineligible to Provide Supplier-Consolidated Billing.

(1)

A supplier shall be ineligible to provide supplier-consolidated billing service if:

(a)

The supplier is in default under §A of this regulation; or

(b)

The supplier has not paid the utility for purchased receivables 30 days after the date that the payment was due to the utility.

(2)

Unless otherwise directed by the Commission, a supplier using supplier-consolidated billing services who is considered to be ineligible to provide supplier-consolidated billing services may issue bills to persons who were customers for charges incurred before the date of ineligibility.

(3)

Unless authorized by the Commission, a supplier using supplier-consolidated billing and considered to be ineligible to provide supplier-consolidated billing services may not issue consolidated customer bills on or after the date of ineligibility.

(4)

A supplier may continue to provide a bill solely for supplier charges to customers who were using supplier-consolidated billing after the date of ineligibility if the supplier offers dual billing through that utility; otherwise the customer will be returned to standard offer service.

Regulation .06 Utility Purchased Receivables or Prorated Payments.Link Copy Citation

A utility providing utility consolidated billing shall either purchase the receivables of a supplier or prorate customer payments between the utility and a supplier.

The utility has the option of choosing whether its consolidated billing agreement includes the purchase of supplier receivables or the proration of customer payments.

If the utility chooses the option of purchasing supplier receivables, supplier receivables shall be purchased with full and timely cost recovery for the utility under terms and conditions approved by the Commission. An early termination fee is not considered a commodity and is not subject to purchase as a receivable by the utility.

If the utility chooses the option of prorating customer payments, a payment shall be allocated between the utility, supplier, and any other party in proportion to the percentage of the combined charges on the customer's total bill under terms and conditions approved by the Commission.

If supplier receivables are not purchased by the utility, a utility shall bill for supplier charges and arrearages for a minimum of 90 days from the date a supplier receives final usage data from the utility.

If supplier receivables are not purchased by the utility and the utility cancels a supplier's charges, the utility shall rebill the canceled supplier charges to the customer for at least 90 days after the bill adjustment.

Regulation .07 Supplier-Consolidated Billing.Link Copy Citation

A supplier may elect to use supplier-consolidated billing upon receiving licensing that authorizes the provision of supplier-consolidated billing.

When an authorized supplier elects to use supplier-consolidated billing, a utility and a supplier shall transmit consumption, billing, payment, and related data to each other using electronic transactions approved by the Commission.

A utility may not obligate a supplier to purchase a customer’s arrears from the utility or from another supplier.

Utility Access to Supplier Bills for Supplier-Consolidated Billing.

(1)

A supplier providing supplier-consolidated billing services shall make a customer’s bill available to the utility in an electronic format.

(2)

A utility provided access to a customer’s supplier-consolidated billing information that includes supplier charges may not:

(a)

Use the information to market standard offer service;

(b)

Use the information to research or market other utility service; or

(c)

Without Commission authorization, share any information the utility gains through access to the supplier bill with the utility’s nonregulated affiliates or any other nongovernmental entity.

Regulation .08 Supplier Changing a Customer’s Billing Method.Link Copy Citation

A supplier may change a customer’s billing method to or from supplier-consolidated billing in the following circumstances:

(1)

The customer’s contract permits the supplier to impose on the customer a change in billing method;

(2)

The customer’s contract does not specify whether the supplier may impose on the customer a change in billing method; or

(3)

The customer’s contract permits the supplier to impose on the customer a change in billing method during an assignment or transfer of contract as described under COMAR 20.53.07.12E.

A supplier shall provide the customer no less than two written notices regarding a change in billing method:

(1)

A notice by mail 60 days before the date of the first bill using a new billing method; and

(2)

A notice by mail or email 30 days before the date of the first bill using a new billing method.

Notices required by §B of this regulation shall be identified as follows:

(1)

A notice sent by mail shall be sent in an envelope clearly marked with a message stating that it contains important information regarding changes to the customer’s energy bill; and

(2)

A notice sent by email shall be identified in the subject line as a notice stating it contains important information regarding changes to the customer’s energy bill.

A supplier’s notices to change a customer’s billing method as required by §B of this regulation shall inform the customer, at a minimum, of the following options which a customer may choose to:

(1)

Change the customer’s current billing method to the one proposed by the supplier;

(2)

Refuse the change in billing method and remain with the supplier if the supplier will continue the customer’s contract under the current billing method;

(3)

Elect standard offer service; or

(4)

Switch to another supplier.

A supplier shall provide all notices given under §B of this regulation with the following provisions:

(1)

A statement advising the customer of the billing change which informs the customer of the manner in which to exercise the customer’s options required by §D of this regulation;

(2)

The telephone number and Internet address for the Commission;

(3)

The Internet address for the Maryland supplier choice website;

(4)

The date on or after which the supplier will effectuate the change in billing method;

(5)

A notice that the customer will not be subject to any fees or penalties for declining to accept the change in billing method unless allowed by §J(3) of this regulation;

(6)

The expiration date of the customer’s contract;

(7)

A statement that the customer’s previous bill provider may still bill the customer for unpaid charges; and

(8)

A statement indicating that terms and conditions of the customer’s contract with the supplier remain unchanged.

The supplier shall provide the customer the Customer Rights Pamphlet described in COMAR 20.53.08.08 with the 60-day notice required by §B(1) of this regulation.

If the customer will start to receive bills under supplier-consolidated billing, then, in addition to the notice requirements in §E of this regulation, the notices shall include:

(1)

An explanation that the customer will receive one bill from the supplier that will include both utility and supplier charges;

(2)

A statement of each payment method a customer may use to pay the supplier;

(3)

Any information necessary for the customer to submit payment to the supplier; and

(4)

A statement that the utility shall be contacted for issues relating to outages and emergencies.

If the customer will start to receive bills from the utility in addition to the notice requirements in §E of this regulation, the notice shall include a statement that the customer will receive bills from the utility.

Customer’s Response to Supplier Notices.

(1)

The supplier shall effectuate the change in billing method consistent with the provisions of the notices required by §B of this regulation if the customer does not exercise one of the options in §D of this regulation, if permitted by a customer’s contract in §A(1) or (3) of this regulation.

(2)

Except as provided in §I(3) of this regulation, a supplier may not effectuate the change in billing method for a customer under a contract which is silent as described in §A(2) of this regulation if the customer does not affirmatively exercise one of the options in §D of this regulation.

(3)

A supplier shall drop the customer if the supplier will not continue the customer’s contract under the current billing method and an alternative agreement is not established between the customer and supplier by the prescribed date in §E(4) of this regulation.

Imposition of Fees or Penalties.

(1)

A supplier may not impose a fee or penalty on a customer who exercises one of the options in §D of this regulation before a supplier changes a customer billing method.

(2)

A supplier may not impose any fees or penalties on a customer if a customer’s billing method is changed as allowed in §A(2) of this regulation when a customer exercises one of the options in §D of this regulation.

(3)

A supplier may not impose any fees or penalties on a customer if a customer’s billing method is changed as allowed in §A(1) or (3) of this regulation if a customer exercises one of the options in §D of this regulation during the first two billing cycles after a customer’s billing method is changed.

Regulation .09 Customer on Budget Billing with Utility at Time of Switch.Link Copy Citation

If a customer is on budget billing at the time of transfer to supplier-consolidated billing service from utility-consolidated billing or standard offer service, the utility shall provide a customer an alternative payment plan upon request if the budget deficit is greater than $100.

The utility shall inform the customer that the customer may be unable to switch to another supplier providing supplier-consolidated billing until a payment plan as described in §A of this regulation is paid in full.

A customer may choose to pay the budget deficit in full at any time.

Regulation .10 Budget Billing for Supplier-Consolidated Billing.Link Copy Citation

A supplier that provides supplier-consolidated billing services may offer budget billing for the customer’s regulated electric utility charges and supplier charges.

A supplier that offers budget billing for the customer’s regulated electric utility charges shall purchase the customer’s regulated electric utility charges from the utility according to Regulation .11 of this chapter.

Regulation .11 Supplier-Consolidated Billing Purchase of Receivables.Link Copy Citation

A supplier providing supplier-consolidated billing shall purchase the regulated receivables of the utility.

Partial Payment Priority.

(1)

The supplier shall apply a customer’s partial payment of a supplier-consolidated bill in the following order:

(a)

Utility arrearages and supplier commodity arrearages in proportion to the relative proportion of their sum;

(b)

Current utility charges and current supplier commodity charges in proportion to the relative proportion of their sum; and

(c)

Noncommodity charges.

(2)

If a supplier’s commodity charge is bundled with noncommodity charges, and the supplier is unable to separate the commodity and noncommodity prices, the supplier shall consider the bundled charge as a noncommodity charge for the purpose of payment posting.

Partial Payment Priority if a Supplier Provides Both Gas and Electricity on the Same Bill.

(1)

The supplier shall divide customer payments into two equal amounts and apply one half to gas receivables and the other half to electricity receivables.

(2)

The supplier shall apply the payments in §C(1) of this regulation following the payment posting system in §B of this regulation.

(3)

In the event a customer payment satisfies the entirety of a gas or electric arrearage, any remainder of the customer’s payment will be allocated to the other arrearage before applying revenue to current charges in §B of this regulation.

(4)

A noncommodity charge in §B of this regulation shall be paid after all gas and electricity utility and supplier commodity receivables have been paid.

If a customer disputes a charge:

(1)

The supplier shall credit the customer’s payment to the undisputed portion of the account; and

(2)

A utility may not count the number of days a charge is disputed with CAD or the Commission toward the limit on the number of days a supplier has to sell customer arrearages to the utility under Regulation .12D(2) of this chapter.

A charge is considered disputed under §D of this regulation if:

(1)

A customer has filed a dispute with the Commission;

(2)

The utility has communicated to the supplier that the utility considers the charge under dispute; or

(3)

The supplier has communicated to the utility that the supplier considers the charge under dispute.

Regulation .12 Nonpayment by Customer Receiving a Supplier-Consolidated Bill.Link Copy Citation

If a customer has not paid the supplier’s consolidated bill or otherwise has breached the supply contract:

(1)

The supplier may return the nonpaying customer to the utility pursuant to COMAR 20.53.06.06 or COMAR 20.53.07.10; and

(2)

The supplier shall conduct reasonable collection efforts for unpaid amounts if the supplier intends to seek repurchase of the regulated electric utility charges from the utility.

Collection Notices.

(1)

A supplier that provides two collection notices shall have complied with the reasonable collection efforts required by §A(2) of this regulation.

(2)

A supplier may include a collection notice with its final bill to the customer.

(3)

A collection notice shall be sent to the customer 15 days before the supplier submits regulated electric utility charges to the utility for repurchase.

(4)

If a notice was not sent with the final bill in accordance with §B(2) of this regulation, a collection notice must be sent prior to sending the collection notice required in §B(3) of this regulation.

A supplier shall prominently display the following information in the notices required to be sent in §B of this regulation:

(1)

The total amount due;

(2)

A statement that regulated utility charges will be returned to the utility due to nonpayment on a specific date;

(3)

The date by which the payment was due to the supplier;

(4)

The date on or after which the supplier will return the regulated utility charges to the utility if payment is not received; and

(5)

The telephone number at which the supplier representatives who handle payment arrangements, payment plans, and customer complaints may be reached.

Purchase of Arrears and Limitations.

(1)

After the supplier has conducted reasonable collection efforts as required by §A(3) of this regulation, the utility shall purchase arrearages attributable to the utility submitted by the supplier.

(2)

A utility shall purchase arrearages attributable to the utility no more than:

(a)

110 days after the utility sent an invoice with the charges to the supplier for residential customers; and

(b)

105 days after the utility sent an invoice with the charges to the supplier for nonresidential customers.

(3)

A supplier may sell a utility arrearage to the utility if the customer remains with the supplier after a change in billing method.

A supplier shall provide the following to a utility when submitting unpaid charges to the utility:

(1)

The amount of unpaid regulated electric utility charges; and

(2)

The supplier’s electronic submission to the utility of a customer’s unpaid regulated electric utility charges, which shall constitute the supplier’s certification that the customer has not paid the charges pursuant to the payment posting hierarchy in Regulation .11 of this chapter.

Records of Purchased Unpaid Charges.

(1)

The utility shall maintain records of a utility’s repurchase of unpaid regulated electric utility charges for a minimum of 3 years from the date the supplier receives the utility’s payment, and the utility shall make the records available to the supplier upon request.

(2)

The supplier shall maintain, for a minimum of 3 years from the date the supplier receives the utility’s payment, records of unpaid regulated electric utility charges sold to the utility.

(3)

A supplier shall include in the records:

(a)

The customer’s payment history; and

(b)

The appropriate application of the customer’s funds pursuant to Regulation .11 of this chapter.

(4)

The supplier shall make the records available to the Commission and the utility upon request.

A supplier shall report to the utility, every 2 weeks, the unpaid regulated electric utility charges.

Regulation .13 Reporting Requirements for Supplier-Consolidated Billing.Link Copy Citation

A supplier shall record customer complaints according to the following categories:

(1)

Call center operations;

(2)

Unauthorized charges;

(3)

Enrollment;

(4)

Accuracy of billing services;

(5)

Contract renewal or cancellation;

(6)

Deposits; and

(7)

Change in customer’s billing method.

A supplier providing supplier-consolidated billing shall retain for a minimum of 3 years the following information in a monthly format to provide to the Commission and the Office of People’s Counsel upon request:

(1)

Number of complaints received by the supplier from customers for the categories identified in §A of this regulation;

(2)

Disputes escalated to CAD;

(3)

Number of times a supplier did not charge a customer the correct amount, excluding when a utility invoices the supplier an incorrect billing amount or meter reading;

(4)

Call center metrics as described in COMAR 20.53.08.09;

(5)

The number of customers dropped for nonpayment;

(6)

Total arrears resold to the utility, separated by residential and nonresidential;

(7)

Average customer arrears repurchased by the utility, separated by residential and nonresidential;

(8)

Number of customers to whom the supplier provided budget billing; and

(9)

Number of bill adjustments initiated by the supplier.

A utility shall retain the following information for supplier-consolidated billing disaggregated by the supplier, in a monthly format for a minimum of 3 years, to provide to the Commission upon request:

(1)

The number of customers receiving supplier-consolidated billing services;

(2)

The number of customers who were dropped from supplier-consolidated billing by a supplier for nonpayment;

(3)

The number of customers who are using net energy metering or community solar;

(4)

Total arrears repurchased by the utility;

(5)

Average customer arrears repurchased by the utility by residential and nonresidential customers;

(6)

Volume of retail sales and demand in supplier-consolidated billing;

(7)

Number of customer enrollments rejected by specific eligibility requirement;

(8)

Number of customers rejected due to energy assistance;

(9)

Number of customers dropped from supplier-consolidated billing due to energy assistance;

(10)

Number of customers who enroll in supplier-consolidated billing that were on budget billing at time of enrollment;

(11)

Number of times the utility failed to provide charges to the supplier within 3 days; and

(12)

Number of bill adjustments initiated by the utility for supplier-consolidated billing customers.

Chapter 06. Nonresidential Customer Protection

Regulation .01 Scope.Link Copy Citation

This chapter applies to supplier services to nonresidential customers.

Regulation .02 Enrollment.Link Copy Citation

A supplier may not enroll a customer without the customer's consent.

A customer's choice of electricity supplier is the electricity supplier with the last enrollment of the customer received by the utility consistent with the requirements of COMAR 20.53.04.02.

Regulation .03 Termination.Link Copy Citation

Except as provided under §§B and C of this regulation, an electric company may not terminate service for failure of a customer to pay supplier charges.

If a utility purchases the receivables of a supplier under COMAR 20.53.05.03, the purchased supplier receivables become utility charges for the purpose of termination of service.

If a utility purchases arrearages attributable to a utility as described in COMAR 20.53.05.12D from a supplier providing supplier-consolidated billing services, the purchased arrearages become utility charges for the purpose of termination of service under COMAR 20.31.

Regulation .04 Contract Requirements.Link Copy Citation

Only a person licensed under COMAR 20.51 as a supplier may execute an electricity supply contract with a customer.

A supplier contract shall contain all material terms and conditions.

Regulation .05 Notice of Enrollment.Link Copy Citation

Form and Presentation.

(1)

A supplier and the utility shall provide written notice of enrollment to a customer entering into a service agreement with the supplier on the next business day following the supplier's receipt of the utility's enrollment response.

(2)

If a customer's billing method changes, the notice of enrollment shall contain a statement that the customer's previous billing providers may still bill the customer for unpaid charges.

(3)

A supplier's presentation of a signed copy of the customer's contract at any time before enrollment constitutes sufficient written notice of enrollment to the customers.

Enrollment Notice Content.

(1)

An electricity supplier shall provide notice of enrollment of a customer to a utility in a format consistent with the Commission-accepted utility supplier coordination agreement.

(2)

Notice of enrollment under §B(1) of this regulation shall include the following:

(a)

Customer account name;

(b)

Customer service address;

(c)

Billing name;

(d)

Billing address;

(e)

Utility name;

(f)

Utility account number;

(g)

Supplier name;

(h)

Supplier account number;

(i)

Commodity provided;

(j)

Effective date of the enrollment; and

(k)

Whether the customer will receive supplier-consolidated billing service.

Regulation .06 Cancellation of Supply Service.Link Copy Citation

Except as provided under §D of this regulation or in a tariff regarding supplier default, a utility may remove a customer from supplier services only if directed by a supplier, subject to applicable bankruptcy law.

A supplier shall process a customer's request to cancel supply services not later than the end of the second utility business day after the customer's cancellation request.

A supplier shall notify the customer's utility of a drop by electronic transaction within the time period specified in §B of this regulation.

Customer Cancellation.

(1)

After the third utility business day following a customer request for a supplier to cancel supply service, the customer may contact the utility to verify that the cancellation request submitted by the supplier has been processed by the utility.

(2)

If a customer's cancellation request has not been processed by the customer's utility, and the customer requests cancellation of supplier service, the utility shall process a cancellation.

Supplier-Consolidated Billing-Nonpaying Customer.

(1)

A supplier providing supplier-consolidated billing services shall provide a nonpaying customer a minimum of 3 days notice before cancellation of the customer’s contract.

(2)

A supplier’s notice to a nonpaying customer under §E(1) of this regulation shall include:

(a)

The total amount due;

(b)

The date by which the payment is due to the supplier;

(c)

The date on or after which the supplier will transmit the drop request to the utility if payment is not received; and

(d)

The telephone number at which the supplier representatives who handle payment arrangements, payment plans, and customer complaints may be reached.

A customer may designate a third party to receive a notice of drop for nonpayment as required in §E(2) of this regulation on the customer's behalf.

Regulation .07 Rescission Period.Link Copy Citation

A supplier is not required to offer a contract rescission period except where required by law.

Chapter 07. Residential Customer Protection

Regulation .01 Scope.Link Copy Citation

This chapter applies to supplier services to residential customers.

Regulation .02 Disclosure of Customer Information.Link Copy Citation

Except as provided in §B of this regulation, a supplier may not disclose a customer's billing, payment, energy assistance household status, and credit information without the customer's consent.

A supplier may disclose a customer's billing, payment, and credit information for the sole purpose of facilitating billing, bill collection, and credit reporting.

A supplier shall provide a customer with a copy of the supplier's customer information privacy policy.

Regulation .03 Creditworthiness.Link Copy Citation

A supplier may refuse to provide service based on an individual's creditworthiness.

A supplier shall apply uniform income, security deposit, and credit standards for the purpose of making a decision as to whether to offer a service to customers.

Regulation .04 Geographic Marketing.Link Copy Citation

A supplier may market services on a geographic basis.

A supplier is not required to offer services throughout a particular utility's entire service territory.

A supplier may not refuse to provide service to a customer based on the economic character of a geographic area or the collective credit reputation of the area.

Regulation .05 Unauthorized Enrollment or Service.Link Copy Citation

A supplier may not enroll a customer without the customer's consent.

A supplier may not add a new charge for a new service, existing service, or service option without first obtaining consent from the customer, verifiable to the same extent and using the same methods specified for contracting under Regulation .08 of this chapter.

Prohibition on Serving Energy Assistance Households on Unapproved Contracts.

(1)

For contracts signed on or after July 1, 2023, a supplier may not charge an energy assistance household for supply services unless those charges are for a Commission-approved contract for energy assistance households as set forth in COMAR 20.51.02.10.

(2)

Prior to submitting an enrollment, a supplier shall make reasonable efforts to ensure that energy assistance households are only enrolled on approved contracts, including, but not limited to:

(a)

Customer inquiry;

(b)

Disclosing to the customer that an unapproved offer is not available to energy assistance households;

(c)

Checking the My OHEP Status Portal; or

(d)

Acquiring pre-enrollment information as provided in COMAR 20.53.03.02A(8).

Enrollment Disputes.

(1)

A customer alleging a violation of this regulation may file a dispute with the Commission's Consumer Affairs Division.

(2)

Upon proof of the allegations, that an enrollment was unauthorized, the Commissions Consumer Affairs Division (CAD) may order the supplier to issue a refund to the customer in an amount, determined by CAD, intended to hold the customer harmless relative to the price the customer would have paid had the unauthorized enrollment not occurred.

(a)

If the charges have been billed by and the receivable purchased by the utility, the refund determined by CAD shall be remitted to the utility by the supplier. The refund determined by CAD shall be applied to the customers utility account current balance and the excess returned to the customer upon request. If the customer is no longer served by the utility, then the refund shall be returned to the customer.

(b)

Upon purchase of any receivable under this section, the utility shall be entitled to collect from the customer, and the customer shall be responsible to pay the utility the total amount billed less any refund determined by CAD.

(c)

CAD-Directed Refund Under Supplier-Consolidated Billing.

(i)

If CAD determines that a refund of regulated electric utility charges is warranted and the supplier has purchased those receivables from the utility, then the utility shall issue a refund to the supplier for the amount purchased.

(ii)

A refund received by a supplier under §C(2)(c)(i) of this regulation shall be refunded to the customer by the supplier.

(iii)

If CAD determines that a refund of supply charges is warranted, the supplier shall issue the refund to the customer.

This regulation does not limit the authority of the Commission under Public Utilities Article, §7-507(k), Annotated Code of Maryland.

Regulation .06 Termination.Link Copy Citation

Except as provided under §§B and C of this regulation, a utility may not terminate service for failure of a customer to pay supplier charges.

If a utility purchases the receivables of a supplier under COMAR 20.53.05.03, the purchased supplier receivables become utility charges for the purpose of termination of service under COMAR 20.31.

Regulation .07 Advertising and Solicitations.Link Copy Citation

Advertising Permitted.

(1)

A supplier may advertise its services.

(2)

A supplier may not engage in a marketing or trade practice that is unfair, false, misleading, or deceptive.

(3)

A supplier may not make an offer to an energy assistance household unless the offer is for a Commission-approved contract for energy assistance households.

Disclosures.

(1)

All supplier marketing or solicitation information, including that used by its agents or employees, shall include the supplier’s Maryland license number in a clear and conspicuous manner.

(2)

If a price is quoted, the following statements are required:

(a)

The price quoted is only for the specified commodity provided by the supplier; and

(b)

The price quoted does not include any tax, utility distribution charge, or other utility fee or charge.

(3)

A supplier may not make an offer to an energy assistance household unless the offer is for a Commission-approved contract for energy assistance households.

(4)

When offering green power for sale to residential customers, a supplier, except for those described in Public Utilities Article §7-707(g), Annotated Code of Maryland, shall, in a conspicuous manner and in at least 12-point font, disclose the following or a similar message approved by the Commission:

(5)

A supplier that includes the language provided shall have complied with the disclosure requirements of Public Utilities Article, §7-707(f) and (g), Annotated Code of Maryland.

The electricity delivered to your home is generated from a variety of sources, both renewable and nonrenewable. Energy from renewable resources, such as wind and solar, cannot be tracked directly into your home. Instead, the energy your home uses will support renewable energy sources through the purchase of renewable energy credits (“RECs”). A REC represents the environmental and social good associated with 1 megawatt hour of renewable electricity generation. RECs may be sold separately from the electricity itself, so the buyer of a REC may be different than the buyer of the electricity. In your contract, X% of the RECs qualify for Maryland’s renewable portfolio standard. By purchasing RECs that qualify for Maryland’s renewable portfolio standard, you are supporting renewable energy development in the region. Increased demand for, and generation of, renewable electricity can help reduce conventional electricity generation from fossil fuels in the region where the renewable electricity generator is located. It may also have other environmental benefits such as reducing regional air pollution.

Internet.

(1)

Internet Advertising. A supplier shall post on the Internet:

(a)

Readily understandable information about its services, prices, and emissions; and

(b)

A description of its supplier-consolidated billing offering, including a sample bill, if the supplier is licensed to provide supplier-consolidated billing services and is offering supplier-consolidated billing services.

(2)

Commission Website.

(a)

Suppliers shall submit open offers to the Commission’s website according to instructions provided by the Commission.

(b)

In the event of a discrepancy between a supplier’s open offer posted on the Commission’s website and the supplier’s corresponding open offer displayed on the supplier’s website, the supplier shall honor the terms that are more favorable to the customer.

Telephone Solicitation.

(1)

A supplier soliciting customers by telephone shall comply with all applicable State and federal law, including the Maryland Telephone Solicitations Act, Commercial Law Article, §§14-2201—14-2205, Annotated Code of Maryland.

(2)

A supplier may not conduct a residential customer telephone solicitation before 8 a.m. or after 9 p.m.

Regulation .08 Supplier Contracts.Link Copy Citation

Minimum Contract Requirements.

(1)

Only a person licensed under COMAR 20.51 may execute an electricity supply contract with a customer.

(2)

A supplier contract shall contain all material terms and conditions, including:

(a)

A list and description of the contract services;

(b)

A statement of minimum use requirements, if any;

(c)

A description of any time-of-use restrictions, including the time of day or season;

(d)

A clear and concise price description of each service, including, but not limited to, any condition of variability or limits on price variability;

(i)

if there is a limit on price variability, such as a specific price cap, a maximum percentage increase in price between billing cycles or minimum/maximum charges per kilowatt-hour for electricity during the term of the contract, the supplier shall clearly explain applicable limits;

(ii)

if there is not a limit on price variability, the supplier shall clearly and conspicuously state that there is not a limit on how much the price may change from one billing cycle to the next.

(e)

A notice that the contract does not include utility charges;

(f)

A billing procedure description explicitly identifying the billing method that will be used by the supplier;

(g)

A notice that the customer acknowledges that customer billing and payment information may be provided to:

(i)

The supplier if the customer receives utility-consolidated billing services; or

(ii)

The utility if the customer receives supplier-consolidated billing services.

(h)

The frequency of the customer’s bill, if the customer receives supplier-consolidated billing services;

(i)

The method by which the customer will receive the bill from the supplier if the customer receives supplier-consolidated billing;

(j)

A statement of contract duration, including the initial time period and any rollover provision;

(k)

A deposit requirement, if any, including:

(i)

The amount of the deposit;

(ii)

A description of when and under what circumstances the deposit will be returned;

(iii)

A description of how the deposit may be used; and

(iv)

A description of how the deposit will be protected;

(l)

A description of any fee or charge and the circumstances under which a customer may incur a fee or charge;

(m)

A statement that the supplier may terminate the contract early, including the:

(i)

Circumstances under which early cancellation by the supplier may occur;

(ii)

Manner in which the supplier shall notify the customer of the early cancellation of the contract;

(iii)

Duration of the notice period before early supplier cancellation; and

(iv)

Remedies available to the customer if early cancellation occurs;

(n)

A statement that the customer may terminate the contract early, including the:

(i)

Circumstances under which early cancellation by the customer may occur;

(ii)

Manner in which the customer shall notify the supplier of the early cancellation of the contract;

(iii)

Duration of the notice period before early cancellation;

(iv)

Remedies available to the supplier if early cancellation occurs;

(v)

Amount of any early cancellation fee; and

(vi)

Statement that the supplier cannot charge a termination fee to energy assistance households;

(o)

A statement describing contract renewal procedures, if any;

(p)

A statement describing how the customer may access future pricing information;

(q)

A dispute procedure;

(r)

Identification if the contract is for an energy assistance household;

(s)

A statement that a contract may be cancelled early if a supplier can no longer serve the customer under the existing contract between the supplier and the customer as required by Public Utilities Article, §4-308, Annotated Code of Maryland;

(t)

A statement, in a prominent manner with specific written confirmation, regarding whether the customer is receiving, or received during the previous fiscal year, energy assistance from an energy assistance program; and

(u)

The Commission's toll-free number and Internet address.

(3)

Beginning July 1, 2023, if a supplier’s offer is a Commission-approved offer for energy assistance households, the supplier contract shall contain a statement that energy assistance households cannot be charged more than the utility’s standard offer service rate.

Contract Summary.

(1)

At the time of completion of the contracting process, a supplier shall provide the customer a copy of the executed contract and completed Contract Summary on the form provided by the Commission.

(2)

If the contract is completed through telephone solicitation, the supplier shall send the Contract Summary to the customer along with the contract that must be signed by the customer and returned as required by the Maryland Telephone Solicitations Act. If the contract is exempt from the Maryland Telephone Solicitations Act, the supplier shall send the Contract Summary with the contract to the customer.

(3)

If the contract is completed through the Internet, the Contract Summary shall be:

(a)

Available online and made available for download by the customer at the time of contracting; and

(b)

Shall be transmitted to the customer by the supplier by mail or by email if the customer consents to receipt of email disclosures.

(4)

If the contract is completed in person, the contract and the Contract Summary shall be reviewed with and provided to the customer by the supplier in hard copy or electronically, and the executed contract and Contract Summary provided to the customer at the time of contracting in hard copy or electronically if the customer consents to electronic disclosures.

Methods of Contracting.

(1)

A supplier may not enroll a customer using a process that does not require affirmative confirmation by the customer.

(2)

If a supplier solicitation is in writing or a supplier contract is provided in response to documents submitted upon personal contact, a signed contract is required.

(3)

Internet Contracts.

(a)

A supplier that contracts with a customer by means of the Internet shall:

(i)

Confirm the identity of the person making the contract;

(ii)

Comply with applicable Maryland and federal law; and

(iii)

Take appropriate steps to safeguard customer privacy.

(b)

A supplier that sends a contract over the Internet to a valid email address of the contracting customer is considered to have complied with §B(3)(a)(i) of this regulation.

(4)

Telephone Contracts.

(a)

A supplier may contract with a customer through a telephone solicitation.

(b)

In the event a supplier is contracting with a customer as a result of a telephone solicitation that is exempt from all applicable State and federal law, including the Maryland Telephone Solicitations Act, Commercial Law Article, §§14-220114-2205, Annotated Code of Maryland, a supplier shall:

(i)

Comply with this regulation;

(ii)

Confirm that customer questions relating to the contract are answered;

(iii)

Confirm that an independent third party verifies the contract or records the entire telephone conversation and maintains the recording for the duration of the contract;

(iv)

Mail or otherwise transmit to the customer a complete written contract within 3 business days of the contracting conversation; and

(v)

Disclose all material contract terms and conditions to the customer over the telephone.

(c)

A supplier that sends a contract over the Internet to a valid email address of the contracting customer is considered to have complied with §B(4)(b)(iv) of this regulation.

Evergreen Contracts.

(1)

A supplier shall provide a customer with a notice of the pending renewal of an evergreen contract 45 days before the automatic renewal is scheduled to occur.

(2)

The supplier notice required under §C(1) of this regulation shall:

(a)

Provide a clearly stated and highlighted notice to a customer of any changes in the material terms and conditions of the agreement;

(b)

Inform the customer how to terminate the contract without penalty;

(c)

Inform the customer that terminating the evergreen contract without selecting another supplier will return the customer to utility commodity service; and

(d)

Inform the customer how to access the customer’s rate for the next billing cycle in accordance with 20.53.07.13.

(3)

A clear and concise price description of each service, including, but not limited to, any condition of variability or limits on price variability.

(a)

If there is a limit on price variability, such as a specific price cap, a maximum percentage increase in price between billing cycles or minimum/maximum charges per kilowatt-hour for electricity during the term of the contract, the supplier shall clearly explain applicable limits; or

(b)

If there is not a limit on price variability, the supplier shall clearly and conspicuously state that there is not a limit on how much the price may change from one billing cycle to the next.

(4)

A supplier that provides supplier-consolidated billing services may transmit the notice required in §D(1) of this regulation with the customer’s bill if the notice is also provided in a separate mailing.

(5)

If the supplier includes with a customer’s bill the notice of pending renewal required in §D(1) of this regulation, the notice shall be prominently displayed.

(6)

Beginning July 1, 2023, a supplier may not renew an evergreen contract for an energy assistance household unless the renewal is onto a Commission-approved contract for energy assistance households.

Regulation .09 Customer Disclosure.Link Copy Citation

Price Information.

(1)

The supplier’s price description for service shall include, but not be limited to, all fixed and variable components.

(2)

When noncommodity products are provided with the commodity under supplier-consolidated billing, the supplier shall:

(a)

List the commodity price for energy service separately from other products if the commodity is sold separately from the other products;

(b)

List the total charges for all products and services as the price of the commodity if the supplier does not permit a customer to purchase the electricity product without purchasing the other products or services;

(c)

Provide the approximate commodity and noncommodity portions of the price upon the customer’s request; and

(d)

Disclose, if the commodity product has a one-time up-front cost, the price of a commodity product over a 12-month period with 1/12 of the cost being attributed to a single month for the purposes of comparing to the supply price comparison information in the utility service territory.

(3)

When an electricity supplier compares the supplier's price to the price a customer would pay for utility electric commodity service, the electric commodity services price is the standard offer service price offered in the electric utility territory where the supplier's service is to be provided.

Notice of Enrollment.

(1)

An electricity supplier shall provide notice of enrollment of a customer to a utility in a format consistent with the Commission-accepted electric utility supplier coordination agreement.

(2)

Supplier and Utility Notice of Enrollment to Customer.

(a)

A customer entering into an agreement with a supplier shall receive written notice of enrollment from the supplier and utility.

(b)

A supplier offering supplier-consolidated billing services shall include the following information in its notice of enrollment to a customer under this subsection:

(i)

An explanation of each payment method a customer may use to pay the electricity supplier;

(ii)

The information necessary for the customer to submit payment to the supplier; and

(iii)

A statement that the customer’s previous billing providers may continue to bill the customer for unpaid charges.

(c)

In the notice provided to a customer as required under this subsection or, if provided for a customer switching away from supplier-consolidated billing, the utility shall indicate:

(i)

The entity that will send the bill; and

(ii)

A statement that the customer’s previous bill providers may still bill the customer for unpaid charges up through the date of enrollment.

(3)

Notice of enrollment under §B(1) of this regulation shall include the following:

(a)

Customer name;

(b)

Customer service address;

(c)

Billing name;

(d)

Billing address;

(e)

Utility name;

(f)

Utility account number;

(g)

Supplier name;

(h)

Supplier account number;

(i)

Commodity provided;

(j)

Effective date of the enrollment; and

(k)

Whether the customer will receive supplier-consolidated billing service.

Regulation .10 Notice of Contract Expiration or Cancellation.Link Copy Citation

Notice. Except as permitted in §§D and G of this regulation, a supplier shall provide the customer with notice at least 30 days before expiration or cancellation of a supply contract.

Contents of Notice. The supplier's expiration or cancellation notice required under §A of this regulation shall include:

(1)

Final bill payment instructions;

(2)

A statement informing the customer that, unless the customer selects a new service provider, cancellation of the contract shall return the customer to the utility; and

(3)

The toll free telephone number and the web site address of the Commission.

Early Cancellation.

(1)

Notice of early cancellation by the supplier shall comply with §B of this regulation.

(2)

Early Cancellation Fee.

(a)

A supplier may impose a reasonable early cancellation fee if a customer cancels the contract before the expiration date.

(b)

A supplier may deduct a cancellation fee from a customer deposit.

(c)

Beginning July 1, 2023, a supplier may not impose a cancellation fee on an energy assistance household.

(3)

Except as provided in a tariff regarding supplier default, a utility may remove a customer from supplier services only if directed by a supplier, subject to applicable bankruptcy law.

(4)

When a supplier contracts with a customer, the newly contracting supplier shall notify the customer that the customer may incur early cancellation penalties under a current supplier contract.

Drop for Nonpayment Under Supplier-Consolidated Billing.

(1)

A supplier providing supplier-consolidated billing services shall provide a nonpaying customer a minimum notice of 5 days before cancellation of the customer's contract.

(2)

A supplier's notice to a nonpaying customer shall include the information in §B of this regulation and the following:

(a)

The total amount due;

(b)

The date by which the payment is due to the supplier;

(c)

The date on or after which the supplier will transmit the drop request to the utility if payment is not received; and

(d)

The telephone number at which the supplier representatives who handle payment arrangements, payment plans, and customer complaints may be reached.

A supplier that provides supplier-consolidated billing services may transmit the notice required in §A or D of this regulation with the customer's bill.

The supplier shall provide a notice required by §E of this regulation in a prominent manner.

Cancellation of Contract for Customers Who Start Receiving Energy Assistance.

(1)

A supplier which receives notice from a utility that a customer is newly identified as an energy assistance household shall provide notice to the customer within 3 business days.

(2)

The notice shall:

(a)

Inform the customer that:

(i)

The supplier can no longer serve the customer under their existing contract under Public Utilities Article, §4-308, Annotated Code of Maryland;

(ii)

Unless the customer selects a new service provider with a Commission-approved contract for energy assistance households, cancellation of the contract shall return the customer to the utility’s standard offer service; and

(iii)

The supplier cannot charge a termination or early cancellation fee; and

(b)

Provide the toll-free telephone number and the website address of the Commission.

(3)

In addition to the notice required in §G(2) of this regulation, if the supplier chooses to offer the customer a Commission-approved contract for energy assistance households, the supplier shall include all the information necessary to enroll the customer, including:

(a)

The Commission-approved contract for energy assistance households and the contract summary; and

(b)

Instructions for the customer to provide consent to receive service under the Commission-approved contract for energy assistance households.

(4)

If the existing contract allows the supplier to provide service under a Commission-approved contract for energy assistance without additional customer consent, the supplier shall include with the notice the Commission-approved contract for energy assistance households and the contract summary.

Regulation .11 Rescission Period.Link Copy Citation

A supplier is not required to offer a contract rescission period except where required by law.

Regulation .12 Assignment of Contract.Link Copy Citation

At least 30 days prior to the effective date of any assignment or transfer of a supplier contract from one supplier to another, the suppliers shall jointly provide written notice to the customers of the supplier, the Commission, the utility and the Office of People’s Counsel of the assignment or transfer.

(1)

Notice to Customer. The suppliers shall jointly send a letter to the customer informing them of the assignment or transfer. The letter shall include:

(a)

A description of the transaction in clear and concise language including the effective date of the assignment or transfer;

(b)

Customer service contact information for the assignee; and

(c)

A statement that the terms and conditions of the customer’s contract at the time of assignment shall remain the same for the remainder of the contract term.

(2)

The suppliers shall file a notice with the Commission, with a copy to the Office of People’s Counsel and the utility, of the assignment or transfer of the customer contracts and include a copy of the letter sent to customers.

Upon request by the Commission, the assignee shall be responsible for providing documents and records related to the assigned contracts. Records shall be maintained for a period of 3 years or until the contracts are expired, whichever is longer.

An assignment or transfer of a supplier contract from one supplier to another is not an enrollment or drop.

Notice of Assignment or Transfer from One Supplier-Consolidated Biller to Another. If the supplier’s notice in §A of this regulation is to a customer receiving supplier-consolidated billing services and the customer will continue to receive supplier-consolidated billing services from the new supplier, the notice shall include the requirements in §A of this regulation and also include:

(1)

That the customer will receive bills from the new supplier that will include both the utility and supplier charges;

(2)

Each method a customer may use to submit payment to the new electricity supplier;

(3)

The information necessary for the customer to submit payment to the new supplier; and

(4)

A statement that the customer’s previous billing provider may bill the customer for unpaid charges.

Notice of Assignment or Transfer that Changes a Billing Method.

(1)

The suppliers may not change a customer billing method through assignment of contract unless permitted by the customer’s contract with the assignor or transferor.

(2)

If the assignment or transfer will result in a change in billing method, the suppliers shall follow all requirements to change a customer’s billing method in COMAR 20.53.05.08 in addition to the requirements in §A of this regulation.

The suppliers may not transfer a customer with a contract for energy assistance households unless the receiving supplier has a Commission-approved contract for energy assistance households.

Regulation .13 Notice of Change in Rate.Link Copy Citation

When a customer’s rate changes, a supplier shall make available to a customer his or her rate for the next billing period:

(1)

The rate shall be made available at least 12 days prior to close of the customer’s billing period;

(2)

The rate shall be made available in a clear, easy to access format prescribed by the supplier;

(3)

The supplier shall promptly provide the customer written directions on how to access the rate:

(a)

At the time of contracting;

(b)

In the Contract Summary;

(c)

When sending any notice as required in this title;

(d)

Upon request; or

(e)

If the supplier changes the directions for accessing the rate.

A supplier may provide an estimated rate for the customer’s next billing period, provided the estimated rate is made available at least 12 days prior to the close of the customer’s billing period. If the supplier provides an estimated rate for the customer, the supplier shall not use a rate for billing purposes that is higher than the estimate.

Written Notice Requirement.

(1)

If a contract with a fixed rate for three or more billing cycles changes to a variable month-to-month price and a change in the contract rate will be equal to or exceed 30 percent of the supplier’s current supply rate, the supplier shall provide written notice of the new rate to the customer at least 12 days prior to the close of the customer’s billing period.

(2)

The written notice shall be provided by mail, or with the mutual consent of the supplier and customer, by email, text, automated phone message or other manner.

(3)

The supplier shall maintain records that such notice was provided to the customer.

Neither a supplier nor a customer may limit or waive this provision.

A supplier may charge a rate lower than its stated rate in a contract for energy assistance households to comply with Public Utilities Article, §4-308, Annotated Code of Maryland, without providing notice.

Regulation .14 Energy Assistance Households.Link Copy Citation

Utility Obligation to Reject Enrollments.

(1)

Beginning July 1, 2023, a supplier may only enroll energy assistance households onto a Commission-approved contract for energy assistance households.

(2)

Beginning on July 1, 2023, when a utility receives a supplier enrollment, the utility shall determine the customer’s energy assistance household status and reject the enrollment if the supplier does not have a Commission-approved contract for energy assistance households. When rejecting an enrollment, the utility shall identify the reason for rejecting the enrollment as the customer’s energy assistance household status.

(3)

The utility shall record the number of rejected enrollments and provide annual reporting to the Commission.

Contracts for Energy Assistance Households.

(1)

A contract for energy assistance households shall guarantee service at rates at or below the utility’s SOS rate for the term of the contract.

(2)

The retail supplier’s rate for comparison shall include all commodity charges, including fixed charges divided by the kWh consumed.

(3)

The retail supplier’s rate may not include a downward adjustment to reflect non-energy products or services that the supplier provides or offers to customers, including, but not limited to, gift cards, free or discounted warranties, and discounts for non-energy products.

(4)

For billing periods which extend over more than one SOS rate, the rate for comparison shall be:

(a)

If the customer does not have an AMI meter, the weighted average of the number of days on each SOS rate; or

(b)

If the customer does have an AMI meter, the SOS rate applied to the usage on each rate.

For contracts signed or renewed on or after July 1, 2023, if a supplier charges a customer in an energy assistance household pursuant to a contract that is not a Commission-approved contract for energy assistance households, the customer is entitled to remedies as defined in §D of this regulation.

Customer Remedies.

(1)

Refund.

(a)

Customer remedies for a violation of §§B and C of this regulation shall be a refund for each billing period where the supplier charged more than the standard offer service rate.

(b)

The refund shall be calculated as the difference between the monies paid during the billing period and the standard offer service rate during that period.

(c)

The refund shall include interest based on the interest rate that is applied to a utility’s refund of customer deposits under COMAR 30.01.05.

(2)

The refund shall be remitted as follows:

(a)

If the charges have been billed by and the receivable purchased by the utility, the refund shall be remitted to the utility by the supplier. The refund shall be applied to the customer’s utility account current balance and the excess returned to the customer upon request. If the customer is no longer served by the utility, then the refund shall be returned to the customer.

(b)

Upon purchase of any receivable under this section, the utility shall be entitled to collect from the customer, and the customer shall be responsible to pay the utility, the total amount billed less any refund.

Regulation .15 Green Power Offerings.Link Copy Citation

Beginning January 1, 2025, an electricity supplier that supplies electricity to residential retail electric customers may not market electricity as green power unless the electricity supplier obtains approval from the Commission.

To obtain approval from the Commission to market electricity as green power, an electricity supplier shall submit an application on a form provided by the Commission that shall include at least the following information:

(1)

Identity of the applicant, including the following:

(a)

The applicant’s full business entity name as licensed by the Commission; and

(b)

The applicant’s Commission-issued supplier license number;

(2)

Service territories applied for;

(3)

Description of the price a customer will pay, as it will appear on the customer contract;

(4)

A description of the electricity being marketed as green power, including the green power source and percentage of electricity that is green power;

(5)

A description of how the green power complies with State law and regulations;

(6)

A list of the marketing methods the applicant plans to use (e.g., magazine, newspaper, mail, web advertising, TV, radio, etc.);

(7)

To the extent available, sample marketing materials for each of the marketing methods the applicant plans to use, and if not available at the time of the application, the supplier shall provide such green marketing materials to the Commission and the Maryland Office of People’s Counsel before commencing selling green power in the state; and

(8)

Any other information the Commission considers necessary.

Beginning January 1, 2025, an electricity supplier that supplies electricity to residential retail electric customers may not market electricity as green power unless the Commission approves the price of the electricity being marketed as green power:

(1)

At an annual proceeding, or

(2)

On request by an electricity supplier, at a specific proceeding for that electricity supplier.

An electricity supplier’s application filed under §B of this regulation that seeks to offer a green power price that exceeds the price approved by the Commission in accordance with §C(1) of this regulation or, if the Commission has not established a price in accordance with §C(1) of this regulation, 100 percent of the trailing 12-month average of the electric company’s standard offer service rate pursuant to Public Utilities Article, §7-510(d)(2)(i), Annotated Code of Maryland, shall include in its application information consistent with the information identified in Public Utilities Article, §7-707(d)(3), Annotated Code of Maryland.

A supplier, after filing an application with the Commission as described in §D of this regulation, shall:

(1)

Respond to requests made by the Commission’s Technical Staff, Maryland Office of People’s Counsel, and other parties to which the Commission has granted discovery rights;

(2)

Make reasonable efforts to respond within 10 business days to information requests, including data requests, sent to the supplier regarding the supplier’s application, unless the Commission imposes a different deadline; and

(3)

Serve objections to discovery requests within 3 business days, unless otherwise directed by the Commission.

A renewable energy credit used to comply with this section shall comply with COMAR 20.61.03.01(A).

Chapter 08. Supplier-Consolidated Billing Customer Protections

Regulation .01 Scope.Link Copy Citation

This chapter applies to suppliers providing supplier-consolidated billing services.

The requirements in this chapter are in addition to all other requirements in COMAR relating to the provision of retail supply.

Regulation .02 Alternative Payment Plans.Link Copy Citation

A supplier is not required to offer alternative payment plans.

The supplier shall promptly notify the customer of the outcome of a request for an alternative payment plan.

Regulation .03 Deposits.Link Copy Citation

A supplier may charge a customer a deposit for supplier-consolidated billing, subject to the following:

(1)

A supplier may request a maximum of 4 months of supply charges for a deposit related to commodity service;

(2)

A supplier is not required to apply its deposit from §A(1) of this regulation or the interest accrued to any utility charges held by the supplier;

(3)

Any interest earned on deposits held by a supplier shall be returned to the customer if the deposit is not used for collection purposes;

(4)

Unclaimed deposits, with accrued interest, shall be credited to an appropriate account, or shall otherwise be disposed of in accordance with State law;

(5)

A supplier shall return a customer’s excess deposit to the customer once the customer has no financial obligation to the supplier; and

(6)

A supplier shall retain records of deposits for a minimum of 3 years.

If a utility holds a customer’s deposit at the time of enrollment in supplier-consolidated billing, the utility shall:

(1)

Refund within 60 days the commodity portion of the deposit to the customer after applying the deposit to any outstanding utility charges;

(2)

Continue to follow all existing deposit requirements under COMAR 20.30.01 and COMAR 20.30.02 for any portion of the deposit retained; and

(3)

Count payments made by a customer in full and on time to the supplier toward the customer’s good payment record under COMAR 20.30.01.05B and C and COMAR 20.30.02.05B and C.

Deposits for Customers Returning to Utility Billing from Supplier-Consolidated Billing.

(1)

A utility may require a deposit for supply charges from a customer when a customer switches or is dropped from supplier-consolidated billing in accordance with existing deposit requirements under COMAR 20.30.01 and COMAR 20.30.02.

(2)

A utility shall consider a customer’s payment record when determining whether to assess a customer’s deposit under COMAR 20.30.01 and COMAR 20.30.02.

Regulation .04 Late Payment Charges.Link Copy Citation

A supplier shall only charge a late fee if it is specified in the customer’s contract.

A supplier may not charge a late fee in excess of 5 percent.

Regulation .05 Customer Bill Record Retention.Link Copy Citation

A supplier shall retain customer billing records for the length of time necessary to permit both the supplier and the utility to comply with Regulation .06 of this chapter, but not less than 3 years.

A supplier shall make available to the Commission or utility records necessary to ensure accurate bills and appropriate application of payments to utility and supply charges upon request.

Regulation .06 Adjustment of Bill.Link Copy Citation

Process When a Utility Issues an Adjustment of Bill as Prescribed in COMAR 20.50.04.05 to a Supplier Providing Supplier-Consolidated Billing.

(1)

The supplier shall refund or credit the customer if the bill adjustment results in an overcharge.

(2)

The supplier may attempt to collect the amount due from a customer if the bill adjustment made by the utility results in an undercharge.

Process When a Supplier Determines that It Has Incorrectly Billed a Customer.

(1)

If a supplier determines that the bill adjustment results in an overcharge, the supplier shall refund or credit the customer.

(2)

If a supplier determines that the bill adjustment results in an undercharge, the supplier may attempt to collect the amount due.

(3)

Restrictions Regarding Supplier Billing Undercharges Under §B(2) of this Regulation.

(a)

A supplier may not issue a bill adjustment for an undercharge if the price used to calculate the bill adjustment was not previously disclosed to the customers by contract or as required in COMAR 20.53.07.13.

(b)

The supplier may retroactively bill an undercharge that is less than 12 months old without Commission authorization.

(c)

A supplier may seek the Commission’s authorization for retroactive billing for undercharges which occurred more than 12 months but less than 3 years before the discovery of the error if the customer knew, or reasonably should have known, that the bills were in error.

(d)

If an undercharge is greater than 12 months, the supplier shall provide a written notice to the customer that explains the factual basis for the undercharge together 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.

Supplier billing an undercharge under §A or B of this regulation.

(1)

If the total undercharge is more than 35 percent of the customer’s average monthly bill during the most recent 3 months of service with the supplier, the customer shall be allowed to enter into an installment plan to pay the total retroactive billing, without interest.

(2)

In the installment plan under §C(1) of this regulation, the monthly payments against the undercharge may not exceed 35 percent of the customer’s average monthly bill during the most recent 3 months of the customer’s service with the supplier. However, if the installment plan will not recover the total undercharge within a 12-month period, the monthly payment may be equal to the total undercharge divided by a number no less than 12.

(3)

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

(4)

If a supplier is required to provide an installment plan due to a utility-identified bill adjustment in §A of this regulation, the unbilled regulated utility charges of an installment plan as required by §C of this regulation may not count toward the limit on the number of days a supplier has to sell customer arrearages to the utility under COMAR 20.53.05.12D(2).

Regulation .07 Investigation of Complaints.Link Copy Citation

A supplier shall investigate promptly and thoroughly any complaint concerning its charges or practices.

A supplier may not charge or pursue collections activities against a customer for charges under dispute at the Commission.

Regulation .08 Customer Rights Pamphlet.Link Copy Citation

A supplier providing supplier-consolidated billing shall prepare a pamphlet for customers that summarizes the rights and responsibilities of a customer receiving supplier-consolidated billing services.

The contents of the customer rights pamphlet required under §A of this regulation shall be provided on a form approved by the Commission.

The pamphlet shall be mailed or, with the customer’s consent, delivered by electronic means to each customer of the supplier:

(1)

Together with the contract and contract summary;

(2)

When a customer’s billing method changes to supplier-consolidated billing services from another billing method;

(3)

Upon the customer’s request; and

(4)

Each October of each subsequent year the customer is with the supplier.

The delivery of the pamphlet in §C of this regulation does not alter the requirements of delivery for other materials required by regulation or law.

Regulation .09 Call Center Requirements — Supplier-Consolidated Billing.Link Copy Citation

A supplier shall ensure that a supplier’s call center representatives who interact with customers at a minimum are able to:

(1)

Assist customers with contacting a utility, including providing the utility’s phone number, to resolve safety matters related to utility service;

(2)

Assist customers with billing, disputes, and complaints requests, and provide the utility customer service number upon request; and

(3)

Explain how a customer can file a complaint with the Commission and provide the Commission’s contact information.

Call Center Metrics.

(1)

On an annual basis, a supplier shall answer within 30 seconds at least 75 percent of all calls offered to the supplier for customer service.

(2)

A supplier shall achieve an annual average abandoned call percentage rate of 5 percent or less, calculated by dividing the total number of abandoned calls by the total number of calls offered to the supplier for customer service.

(3)

A supplier shall design its telecommunications systems to accommodate expected volumes of customer calls with minimal or, if possible, no customer busy signals during normal conditions.

Other Customer Communications Information. A supplier shall state the following in its report to the Commission:

(1)

The percentage of calls that are answered within 30 seconds;

(2)

The abandoned call percentage rate;

(3)

First call resolution;

(4)

The average time to resolve a customer request; and

(5)

The average speed of answer, which shall be calculated by dividing the total amount of time callers spend in queue after requesting to speak to a customer service representative through the automated voice response system by the total number of calls handled, including calls handled by the automated voice response system.

Customer Communications Standards Period.

(1)

A supplier shall measure each standard in this regulation using the 12-month period ending December 31.

(2)

For the calendar year in which the regulations become effective, the standards shall be measured from the date the regulations are effective until and including December 31 of that year for reporting purposes only.

Reporting.

(1)

A supplier that uses the same call center for both gas and electric service is not required to provide separate data for both gas and electric service.

(2)

A supplier that uses the same call center for both gas and electric service in multiple jurisdictions is not required to provide separate data for Maryland customers unless the supplier tracks Maryland customers separately.

(3)

A supplier shall report its year-ending performance under this regulation to the Commission:

(a)

For the first 3 years after obtaining a license to provide SCB; and

(b)

Every 3 years after the supplier has held a SCB license for more than 3 years.

Except as otherwise set forth in §C of this regulation, the standards in this regulation shall apply to customer calls offered to or received by a supplier’s call center, call overflow system, and a third-party vendor retained by the supplier.

Corrective Action Plan. If a supplier fails to satisfy the standard in §A, B, or C of this regulation, it shall provide, in its report to the Commission, an explanation of why it did not achieve the standards and provide a corrective action plan if necessary.

Chapter 09. Issuance, Format, and Content of Bills for Supplier-Consolidated Billing

Regulation .01 Scope.Link Copy Citation

This chapter applies to suppliers licensed to issue supplier-consolidated bills.

Regulation .02 Bill Content.Link Copy Citation

Bills shall include accurate and understandable information.

The supplier shall at a minimum include the following information on the bill:

(1)

The supplier’s name, address, website address, and license number;

(2)

The supplier’s toll-free telephone number and the hours the customer may make billing inquiries;

(3)

The Commission’s toll-free telephone number and website address;

(4)

The customer’s name, billing address, and service address;

(5)

The customer’s utility account number;

(6)

The customer’s retail choice identification number, if applicable;

(7)

The supplier account number, if applicable;

(8)

The service period for which the bill is rendered;

(9)

The date on which the bill was issued;

(10)

The meter number;

(11)

The next meter reading date;

(12)

The identification of regulated and nonregulated charges;

(13)

The identification and itemization of noncommodity charges if sold separately from the commodity;

(14)

Current electric charges pursuant to the supplier’s contract with the customer, labeled “current charges” and which include:

(a)

If the supplier provides both gas and electric service to the customer, the supplier’s current electric charges, which shall be separated from gas charges if these charges appear on the same bill;

(b)

To the extent applicable, an itemization of each charge, including the unit price for supply service, charges other than for electric service, applicable taxes and fees, and any other charges pursuant to the supplier’s contract with the customer;

(c)

Applicable billing determinants, such as beginning meter read, ending meter read, demand meter read, consumption, demand, meter reading date, and any conversion from meter reading units to billing units; and

(d)

A distinct marking to identify an estimated bill;

(15)

Identification of transmission charges or a statement that the transmission charges are included within the supply charges;

(16)

If the customer is on a budget billing plan with the supplier, the payment due under the plan, which shall be clearly shown in addition to the current charges;

(17)

An itemization and amount of any nonrecurring charge, including late payment charges, returned check fees, or other fees pursuant to the supplier’s contract with the customer;

(18)

If there is a late payment charge:

(a)

An explanation of the calculation; and

(b)

The date of applicability of the late payment charge;

(19)

Information received from the utility regarding the customer’s regulated electric utility charges, including:

(a)

Those prescribed in COMAR 20.50.04.03 with the exception of COMAR 20.50.04.03A(6)—(8);

(b)

Universal service program charges;

(c)

Customer charges;

(d)

Taxes and fees;

(e)

Information regarding the customer’s net-metered usage, if applicable, including any credits issued by the utility;

(f)

Information regarding the customer’s participation in a community solar energy generating system project pursuant to COMAR 20.62, if applicable;

(g)

The utility’s phone numbers necessary for the customer to make other inquiries, as necessary, unrelated to the utility’s bill or outage and safety concerns;

(h)

The utility’s toll-free telephone number that the customer may call 24 hours a day, 7 days a week, to report power outages and concerns about the safety of the electric power system, which shall be prominently displayed on the first page of the bill;

(i)

The utility’s correspondence address;

(j)

The utility’s website; and

(k)

Other information as the Commission may require;

(20)

All surcharges and fees required by the Comptroller, Commission, and utilities;

(21)

The total due, broken down by total utility and supply charges, including any prior unpaid amount but excluding the current late payment charge;

(22)

The previous amount due to the supplier;

(23)

The date by which payment from the customer must be received by the supplier to avoid a late payment charge;

(24)

Information on how, and to whom, the customer may make payments;

(25)

For a variable price product, information on how the customer may access the customer’s price for the next billing cycle in accordance with COMAR 20.53.07.13;

(26)

Bill inserts as directed by the Commission;

(27)

Information regarding:

(a)

The utility’s supply price comparison information, if applicable; and

(b)

The contract expiration date; and

(28)

Any other information required by a governmental entity.

A supplier may not be required to print a utility’s billing addresses as prescribed under COMAR 20.50.04.03A(11).

Online Bills. A supplier issuing supplier-consolidated bills online shall comply with the following requirements:

(1)

A supplier shall obtain from the customer consent to use online billing;

(2)

The online billing statement shall include the requirements in §B of this regulation;

(3)

The supplier shall maintain a secure and encrypted site for accessing the customer’s account;

(4)

Any fees to accept online payments shall be clearly disclosed in a payment window; and

(5)

Any payment made online shall be credited to the customer’s account as of the day it is received by the supplier, and the time needed to post the payment shall be clearly stated.

Chapter 10. Supplier-Agent Relations

Regulation .01 Scope.Link Copy Citation

This chapter applies to supplier services to residential customers.

Regulation .02 Suppliers Responsible for its Agent.Link Copy Citation

A supplier may use an agent to conduct marketing or sales activities.

A supplier is responsible for any fraudulent, deceptive, or other unlawful marketing acts performed by its agent in the conduct of marketing or sales activities on behalf of a supplier.

Regulation .03 Agent Qualifications and Standards.Link Copy Citation

A supplier shall develop standards and qualifications for individuals it chooses to hire as its agents. A supplier may not permit an individual to be hired if an individual fails to meet its standards. The standards shall ensure to the fullest extent practicable that the agent’s qualifications, and for door-to-door agents the results of the criminal history record check, safeguard potential customers with whom the agent may make contact.

A supplier may not permit its agent to conduct door-to-door activities unless:

(1)

The door-to-door agent’s identity has been verified by government-issued identification;

(2)

The supplier has ensured that the agent meets any local licensing, registration, or permitting requirements of the jurisdiction where the agent will be conducting door-to-door activities; and

(3)

The agent’s criminal history record meets the supplier’s standards and qualifications.

The criminal history record shall be updated no less than every 36 months, and shall be obtained from either:

(1)

The Maryland Criminal Justice Information System and the Federal Bureau of Investigation, through the Department of Public Safety and Correctional Services, and from all other states in which the person resided within at least the last 12 months; or

(2)

A criminal history records check conducted by the supplier or a third party that includes, at a minimum, the following:

(a)

An all-county search through the Maryland Administrative Office of the Courts, and from all other states in which the person resided within at least the last 12 months;

(b)

A nationwide federal criminal court search, such as the Federal Public Access to Court Electronic Records (PACER) System;

(c)

A national multi-state, multi-jurisdictional criminal database search with validation conducted by a member of the National Association of Professional Background Screeners; and

(d)

The U.S. Department of Justice National Sex Offender Public Registry.

When a supplier contracts to perform door-to-door activities, the supplier shall document that the criminal background investigation has been performed on any door-to-door agents in accordance with this section and with the standards set by the supplier. A supplier may satisfy this requirement by obtaining a written statement verifying that the criminal background check was performed in accordance with this section and with standards set by the supplier and presented in writing.

A supplier shall audit at least every 12 months whether the criminal background checks completed by its independent contractor or vendor have been completed in accordance with this section. A supplier shall provide the Commission notice within 30 days if the audit results demonstrate that the criminal background checks were not completed by the independent contractor or vendor in accordance with this section.

Regulation .04 Agent Training.Link Copy Citation

A supplier shall ensure the training of its agents on the following subjects:

(1)

Local, State, and federal laws and regulations that govern marketing, telemarketing, consumer protection and door-to-door sales as applicable to the types of marketing and jurisdiction in which the agent shall engage or operate;

(2)

Responsible and ethical sales practices;

(3)

The supplier’s products and services;

(4)

The supplier’s rates, rate structures, billing, and payment options;

(5)

The customer’s right to rescind and cancel contracts;

(6)

The applicability of an early termination fee for contract cancellation when the supplier has one;

(7)

The necessity of adhering to the script and knowledge of the contents of the script if one is used;

(8)

The proper completion of transaction documents;

(9)

The supplier’s Contract Summary;

(10)

Terms and definitions related to energy supply, transmission and distribution service as found online at the Commission’s website;

(11)

Information about how customers may contact the supplier to obtain information about billing, disputes, and complaints; and

(12)

The confidentiality and protection of customer information.

If an agent represents a supplier engaged in supplier-consolidated billing, the agent shall be able to explain:

(1)

That the customer will receive one bill from the supplier going forward with the utility’s and supplier’s charges;

(2)

That the customer will pay the supplier directly for all charges billed;

(3)

That the customer must pay previous billers if the customer has charges outstanding; and

(4)

Information on where the customer can find the utility’s toll-free telephone number to resolve future concerns relating to outages and safety.

A supplier shall document the training of an agent and maintain a record of the training for 3 years from the date the training was completed.

Training Records.

(1)

A supplier shall make training materials and training records available to the Commission and the Office of People’s Counsel upon request.

(2)

Training records shall be treated as confidential.

When a supplier contracts with an independent contractor or vendor to perform marketing or sales activities on the supplier’s behalf, the supplier shall confirm that the contractor or vendor has provided supplier-approved training to agents and independent contractors in accordance with this section.

The supplier shall monitor telephonic and door-to-door marketing and sales calls to:

(1)

Evaluate the supplier’s training program; and

(2)

Ensure that agents are providing accurate and complete information, complying with applicable rules and regulations, and providing courteous service to customers.

Regulation .05 Agent Identification; Misrepresentation.Link Copy Citation

A supplier shall issue an identification badge to agents to be worn when conducting door-to-door activities or appearing at public events on behalf of a supplier. The badge shall:

(1)

Accurately identify the supplier, its trade name and logo;

(2)

Display the agent’s photograph;

(3)

Display the agent’s full name;

(4)

Be prominently displayed; and

(5)

Display a customer service phone number for the supplier.

Upon first contact with a customer, an agent shall:

(1)

Identify the supplier that he represents; and

(2)

State that he is not working for and is independent of the customer’s local distribution company.

When conducting door-to-door activities or appearing at a public event, an agent may not wear apparel or accessories or carry equipment that contains branding elements, including a logo, that suggests a relationship that does not exist with a utility, government agency, or another supplier.

A supplier may not use the name, bills, marketing materials, or consumer education materials of another supplier, regulated utility, or government agency in a way that suggests a relationship that does not exist.

A supplier or supplier agent may not say or suggest to a customer that a utility customer is required to choose a competitive energy supplier.

Regulation .06 Door-to-Door Sales.Link Copy Citation

The following provisions do not preempt the Maryland Door to Door Sales Act.

A supplier and its agents shall comply with state and local government ordinances regarding door-to-door marketing and sales activities.

A supplier’s agent shall:

(1)

Prominently display an identification badge; and

(2)

Offer a business card or other material that lists:

(a)

The supplier’s name and contact information, including telephone number;

(b)

The supplier’s Commission license number; and

(c)

The agent’s name and any other identification numbers provided to the sales agent by the supplier or agent.

A supplier shall establish a policy that requires an agent to terminate contact with a customer if the customer is incapable of understanding and responding to the information being conveyed by the agent.

When an agent completes a transaction with a customer, the agent shall provide a copy of each document that the customer signed or initialed relating to the transaction. A copy of these documents shall be provided to the customer before the agent and the customer leave each other’s presence.

An agent shall immediately leave a residence when requested to do so by a customer or the owner or an occupant of the premises, or if the customer does not express an interest in what the agent is attempting to sell.

Regulation .07 Notification Regarding Door-to-Door Activity.Link Copy Citation

When a supplier engages in door-to-door activity, the supplier shall notify CAD no later than the morning of the day that the activity begins. The notification shall include general, nonproprietary information about the activity, the period involved and a general description of the geographical area.

A supplier shall provide the utility with general, nonproprietary information about the door-to-door activity that caused the supplier to provide notice to the Commission. The supplier shall provide this general information to the utility no later than the morning of the day that the sales and marketing activities begin. The utility shall use this information only for acquainting its customer service representatives with sales and marketing activity occurring in its service territory so that they may address customer inquiries knowledgably. A utility may not use the information for other purposes.

Title 20 — Subtitle 53. Competitive Electricity Supply

Chapter 01. General

Regulation .01 Scope.LinkCopy Citation

Regulation .02 Definitions.LinkCopy Citation

Regulation .03 Uniform Electronic Transactions.LinkCopy Citation

Regulation .04 Utility Compliance Plan.LinkCopy Citation

Regulation .05 Waiver.LinkCopy Citation

Chapter 02. Reserved

Chapter 03. Pre-Enrollment Information

Regulation .01 Supplier Customer Consent — Pre-Enrollment.LinkCopy Citation

Regulation .02 Pre-Enrollment Information.LinkCopy Citation

Chapter 04. Transfers of Service

Regulation .01 Scope.LinkCopy Citation

Regulation .02 Supplier Enrollment and Drops.LinkCopy Citation

Regulation .03 Transaction Error Handling.LinkCopy Citation

Regulation .04 Customer Initiated Drops.LinkCopy Citation

Chapter 05. Supplier-Utility Coordination, Utility-Consolidated Billing, and Supplier-Consolidated Billing

Regulation .01 Electric Energy Scheduling.LinkCopy Citation

Regulation .02 Load Assignment.LinkCopy Citation

Regulation .03 Utility Consolidated Billing.LinkCopy Citation

Regulation .04 Budget Billing.LinkCopy Citation

Regulation .05 Utility Responsibilities in the Event of Supplier Default.LinkCopy Citation

Regulation .06 Utility Purchased Receivables or Prorated Payments.LinkCopy Citation

Regulation .07 Supplier-Consolidated Billing.LinkCopy Citation

Regulation .08 Supplier Changing a Customer’s Billing Method.LinkCopy Citation

Regulation .09 Customer on Budget Billing with Utility at Time of Switch.LinkCopy Citation

Regulation .10 Budget Billing for Supplier-Consolidated Billing.LinkCopy Citation

Regulation .11 Supplier-Consolidated Billing Purchase of Receivables.LinkCopy Citation

Regulation .12 Nonpayment by Customer Receiving a Supplier-Consolidated Bill.LinkCopy Citation

Regulation .13 Reporting Requirements for Supplier-Consolidated Billing.LinkCopy Citation

Chapter 06. Nonresidential Customer Protection

Regulation .01 Scope.LinkCopy Citation

Regulation .02 Enrollment.LinkCopy Citation

Regulation .03 Termination.LinkCopy Citation

Regulation .04 Contract Requirements.LinkCopy Citation

Regulation .05 Notice of Enrollment.LinkCopy Citation

Regulation .06 Cancellation of Supply Service.LinkCopy Citation

Regulation .07 Rescission Period.LinkCopy Citation

Chapter 07. Residential Customer Protection

Regulation .01 Scope.LinkCopy Citation

Regulation .02 Disclosure of Customer Information.LinkCopy Citation

Regulation .03 Creditworthiness.LinkCopy Citation

Regulation .04 Geographic Marketing.LinkCopy Citation

Regulation .05 Unauthorized Enrollment or Service.LinkCopy Citation

Regulation .06 Termination.LinkCopy Citation

Regulation .07 Advertising and Solicitations.LinkCopy Citation

Regulation .08 Supplier Contracts.LinkCopy Citation

Regulation .09 Customer Disclosure.LinkCopy Citation

Regulation .10 Notice of Contract Expiration or Cancellation.LinkCopy Citation

Regulation .11 Rescission Period.LinkCopy Citation

Regulation .12 Assignment of Contract.LinkCopy Citation

Regulation .13 Notice of Change in Rate.LinkCopy Citation

Regulation .14 Energy Assistance Households.LinkCopy Citation

Regulation .15 Green Power Offerings.LinkCopy Citation

Chapter 08. Supplier-Consolidated Billing Customer Protections

Regulation .01 Scope.LinkCopy Citation

Regulation .02 Alternative Payment Plans.LinkCopy Citation

Regulation .03 Deposits.LinkCopy Citation

Regulation .04 Late Payment Charges.LinkCopy Citation

Regulation .05 Customer Bill Record Retention.LinkCopy Citation

Regulation .06 Adjustment of Bill.LinkCopy Citation

Regulation .07 Investigation of Complaints.LinkCopy Citation

Regulation .08 Customer Rights Pamphlet.LinkCopy Citation

Regulation .09 Call Center Requirements — Supplier-Consolidated Billing.LinkCopy Citation

Chapter 09. Issuance, Format, and Content of Bills for Supplier-Consolidated Billing

Regulation .01 Scope.LinkCopy Citation

Regulation .02 Bill Content.LinkCopy Citation

Chapter 10. Supplier-Agent Relations

Regulation .01 Scope.LinkCopy Citation

Regulation .02 Suppliers Responsible for its Agent.LinkCopy Citation

Regulation .03 Agent Qualifications and Standards.LinkCopy Citation

Regulation .04 Agent Training.LinkCopy Citation

Regulation .05 Agent Identification; Misrepresentation.LinkCopy Citation

Regulation .06 Door-to-Door Sales.LinkCopy Citation

Regulation .07 Notification Regarding Door-to-Door Activity.LinkCopy Citation

Regulation .01 Scope.Link Copy Citation

Regulation .02 Definitions.Link Copy Citation

Regulation .03 Uniform Electronic Transactions.Link Copy Citation

Regulation .04 Utility Compliance Plan.Link Copy Citation

Regulation .05 Waiver.Link Copy Citation

Regulation .01 Supplier Customer Consent — Pre-Enrollment.Link Copy Citation

Regulation .02 Pre-Enrollment Information.Link Copy Citation

Regulation .01 Scope.Link Copy Citation

Regulation .02 Supplier Enrollment and Drops.Link Copy Citation

Regulation .03 Transaction Error Handling.Link Copy Citation

Regulation .04 Customer Initiated Drops.Link Copy Citation

Regulation .01 Electric Energy Scheduling.Link Copy Citation

Regulation .02 Load Assignment.Link Copy Citation

Regulation .03 Utility Consolidated Billing.Link Copy Citation

Regulation .04 Budget Billing.Link Copy Citation

Regulation .05 Utility Responsibilities in the Event of Supplier Default.Link Copy Citation

Regulation .06 Utility Purchased Receivables or Prorated Payments.Link Copy Citation

Regulation .07 Supplier-Consolidated Billing.Link Copy Citation

Regulation .08 Supplier Changing a Customer’s Billing Method.Link Copy Citation

Regulation .09 Customer on Budget Billing with Utility at Time of Switch.Link Copy Citation

Regulation .10 Budget Billing for Supplier-Consolidated Billing.Link Copy Citation

Regulation .11 Supplier-Consolidated Billing Purchase of Receivables.Link Copy Citation

Regulation .12 Nonpayment by Customer Receiving a Supplier-Consolidated Bill.Link Copy Citation

Regulation .13 Reporting Requirements for Supplier-Consolidated Billing.Link Copy Citation

Regulation .01 Scope.Link Copy Citation

Regulation .02 Enrollment.Link Copy Citation

Regulation .03 Termination.Link Copy Citation

Regulation .04 Contract Requirements.Link Copy Citation

Regulation .05 Notice of Enrollment.Link Copy Citation

Regulation .06 Cancellation of Supply Service.Link Copy Citation

Regulation .07 Rescission Period.Link Copy Citation

Regulation .01 Scope.Link Copy Citation

Regulation .02 Disclosure of Customer Information.Link Copy Citation

Regulation .03 Creditworthiness.Link Copy Citation

Regulation .04 Geographic Marketing.Link Copy Citation

Regulation .05 Unauthorized Enrollment or Service.Link Copy Citation

Regulation .06 Termination.Link Copy Citation

Regulation .07 Advertising and Solicitations.Link Copy Citation

Regulation .08 Supplier Contracts.Link Copy Citation

Regulation .09 Customer Disclosure.Link Copy Citation

Regulation .10 Notice of Contract Expiration or Cancellation.Link Copy Citation

Regulation .11 Rescission Period.Link Copy Citation

Regulation .12 Assignment of Contract.Link Copy Citation

Regulation .13 Notice of Change in Rate.Link Copy Citation

Regulation .14 Energy Assistance Households.Link Copy Citation

Regulation .15 Green Power Offerings.Link Copy Citation

Regulation .01 Scope.Link Copy Citation

Regulation .02 Alternative Payment Plans.Link Copy Citation

Regulation .03 Deposits.Link Copy Citation

Regulation .04 Late Payment Charges.Link Copy Citation

Regulation .05 Customer Bill Record Retention.Link Copy Citation

Regulation .06 Adjustment of Bill.Link Copy Citation

Regulation .07 Investigation of Complaints.Link Copy Citation

Regulation .08 Customer Rights Pamphlet.Link Copy Citation

Regulation .09 Call Center Requirements — Supplier-Consolidated Billing.Link Copy Citation

Regulation .01 Scope.Link Copy Citation

Regulation .02 Bill Content.Link Copy Citation

Regulation .01 Scope.Link Copy Citation

Regulation .02 Suppliers Responsible for its Agent.Link Copy Citation

Regulation .03 Agent Qualifications and Standards.Link Copy Citation

Regulation .04 Agent Training.Link Copy Citation

Regulation .05 Agent Identification; Misrepresentation.Link Copy Citation

Regulation .06 Door-to-Door Sales.Link Copy Citation

Regulation .07 Notification Regarding Door-to-Door Activity.Link Copy Citation