# COMAR Title 20 — Public Service Commission

## Subtitle 59 — Competitive Gas Supply

### Chapter 06 — Nonresidential Customer Protection

**Authority:** Public Utilities Article, §§2-113, 2-121, 5-101, 7-507, 7-511, and 7-601—7-606, Annotated Code of Maryland

**Administrative History:** Effective date:

**Administrative History:** Regulations.01—.07 adopted as an emergency provision effective July 16, 2009 (36:17 Md. R. 1311); adopted permanently effective October 5, 2009 (36:20 Md. R. 1532)

**Administrative History:** Regulation .03A amended effective March 7, 2022 (49:5 Md. R. 367)

**Administrative History:** Regulation .03C adopted effective March 7, 2022 (49:5 Md. R. 367)

**Administrative History:** Regulation .05 amended effective March 7, 2022 (49:5 Md. R. 367)

**Administrative History:** Regulation .06E repealed effective March 11, 2019 (46:5 Md. R. 310)

**Administrative History:** Regulation .06E, F adopted effective March 7, 2022 (49:5 Md. R. 367)

**Administrative History:** Regulation .07 amended effective March 11, 2019 (46:5 Md. R. 310)

#### Regulation .01 Scope.

*COMAR 20.59.06.01*

This chapter applies to supplier services to nonresidential customers.

#### Regulation .02 Enrollment.

*COMAR 20.59.06.02*

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

B. A customer's choice of gas supplier is the gas supplier with the first enrollment of the customer received by the utility during any given month.

#### Regulation .03 Termination.

*COMAR 20.59.06.03*

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

B. If a utility purchases the receivables of a supplier under COMAR 20.59.05.03, the purchased supplier receivables become utility charges for the purpose of termination of service.

C. If a utility purchases arrearages attributable to a utility as described in COMAR 20.59.05.10D 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.

*COMAR 20.59.06.04*

A. Only a person licensed under COMAR 20.54 as a supplier may execute a gas supply contract with a customer.

B. A supplier contract shall contain all material terms and conditions.

#### Regulation .05 Notice of Enrollment.

*COMAR 20.59.06.05*

A. 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 shall constitute sufficient written notice of enrollment to the customer.

B. Enrollment Notice Content.

  (1) A gas supplier shall provide notice of enrollment of a customer to a utility in a format consistent with the Commission-accepted gas 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 identifier;

    (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.

*COMAR 20.59.06.06*

A. 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.

B. 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.

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

D. 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.

E. 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;

    (d) Notice that the customer may still receive gas supply from the supplier until the end of the current month or the next month after the customer is dropped; and

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

F. 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.

*COMAR 20.59.06.07*

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