This chapter applies to supplier services to residential customers. Except as provided in §B of this regulation, a supplier may not disclose a customer’s billing, payment, energy assistance household status, or credit information without the customer’s consent. A supplier may disclose a customer's billing, payment, or credit information for the sole purpose of facilitating billing, bill collection, or credit reporting. A supplier shall provide a customer with a copy of the supplier's customer information privacy policy. 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. 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. 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. 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 20.54.04.02K. 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: Customer inquiry; Disclosing to the customer that an unapproved offer is not available to energy assistance households; Checking the My OHEP Status Portal; or Acquiring pre-enrollment information as provided in COMAR 20.53.03.02A(8). Enrollment Disputes. A customer alleging a violation of this regulation may file a dispute with the Commission's Consumer Affairs Division. Upon proof of the allegations that an enrollment was unauthorized, the Commission’s 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. 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 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. 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. CAD-Directed Refund Under Supplier-Consolidated Billing. If CAD determines that a refund of regulated gas 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. A refund received by a supplier under §C(2)(c)(i) of this regulation shall be refunded to the customer by the supplier. If CAD determines that a refund of supply charges is warranted, the supplier shall issue the refund to the customer. This regulation may not be construed to limit the authority of the Commission under Public Utilities Article, §7-507(k), Annotated Code of Maryland. 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 20.59.05.03, the purchased supplier receivables become utility charges for the purpose of termination of service under COMAR 20.31. 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. Advertising Permitted. A supplier may advertise its services. A supplier may not engage in a marketing or trade practice that is unfair, false, misleading, or deceptive. 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. 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. If a price is quoted, the following statements are required: The price quoted is only for the specified commodity provided by the supplier; and The price quoted does not include any tax, utility distribution charge, or other utility fee or charge. All supplier marketing or solicitation information shall include either: If a supplier is marketing a Commission-approved contract for energy assistance households, a statement that customers enrolled in an energy assistance program cannot be charged more than the utility’s gas commodity price or net purchased gas charge; or If a supplier is marketing a product that is not approved for energy assistance households, a statement that a customer enrolled with an energy assistance program cannot enroll in this product. Internet. Internet Advertising. A supplier shall post on the Internet: Readily understandable information about its services and prices; and 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. Commission Website. Suppliers shall submit open offers to the Commission’s website according to instructions provided by the Commission; and 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. 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. A supplier may not conduct a residential customer telephone solicitation before 8 a.m. or after 9 p.m. Minimum Contract Requirements. Only a person licensed under COMAR 20.54 may execute a gas supply contract with a customer. A supplier contract shall contain all material terms and conditions, including: A list and description of the contract services; A statement of minimum use requirements, if any; A description of any time-of-use restrictions, including seasonal or monthly pricing, if applicable; A clear and concise price description of each service, including but not limited to any condition of variability or limits on price variability; 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 therm for natural gas during the term of the contract, the supplier shall clearly explain applicable limits; 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. A notice that the contract does not include utility charges; A billing procedure description explicitly identifying the billing method that will be used by the supplier; A notice that the customer acknowledges that customer billing and payment information may be provided to: The supplier if the customer receives utility-consolidated billing services; or The utility if the customer receives supplier-consolidated billing services; The frequency of the customers bill, if the customer receives supplier-consolidated billing services; The method by which the customer will receive the bill from the supplier if the customer receives supplier-consolidated billing; A statement of contract duration, including the initial time period and any rollover provision; A deposit requirement, if any, including: The amount of the deposit; A description of when and under what circumstances the deposit will be returned; A description of how the deposit may be used; and A description of how the deposit will be protected; A description of any fee or charge and the circumstances under which a customer may incur a fee or charge; A statement that the supplier may terminate the contract early, including the: Circumstances under which early cancellation by the supplier may occur; Manner in which the supplier shall notify the customer of the early cancellation of the contract; Duration of the notice period before early supplier cancellation; and Remedies available to the customer if early cancellation occurs; A statement that the customer may terminate the contract early, including the: Circumstances under which early cancellation by the customer may occur; Manner in which the customer shall notify the supplier of the early cancellation of the contract; Duration of the notice period before early cancellation; Remedies available to the supplier if early cancellation occurs; Amount of any early cancellation fee; and Statement that the supplier cannot charge a termination fee to energy assistance households; A statement describing contract renewal procedures, if any; A statement describing how the customer may access future pricing information; A dispute procedure; Identification if the contract is for an energy assistance household; 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; 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 The Commission's toll-free number and Internet address. 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 gas commodity or net purchased gas charge. Contract Summary. 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. 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. If enrollment is completed through the internet, the Contract Summary shall be: Available online and made available for download by the customer at the time of contracting; and Shall be transmitted to the customer by the supplier by mail or by email if the customer consents to receipt of email disclosures. 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. A supplier may not enroll a customer using a process that does not require affirmative confirmation by the customer. 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. Internet Contracts. A supplier that contracts with a customer by means of the Internet shall: Confirm the identity of the person making the contract; Comply with applicable Maryland and federal law; and Take appropriate steps to safeguard customer privacy. 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. Telephone Contracts. A supplier may contract with a customer through a telephone solicitation. If 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: Comply with this chapter; Confirm that customer questions relating to the contract are answered; Confirm that an independent third party verifies the contract, or record the entire telephone conversation and maintain the recording for the duration of the contract; Mail or otherwise transmit to the customer a complete written contract within 3 business days of the contracting conversation; and Disclose all material contract terms and conditions to the customer over the telephone. 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. 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. The supplier notice required under §C(1) of this regulation shall: Provide a clearly stated and highlighted notice to a customer of any changes in the material terms and conditions of the agreement; Inform the customer how to terminate the contract without penalty; Inform the customer that terminating the evergreen contract without selecting another supplier will return the customer to utility commodity service; and Inform the customer how to access the customer’s rate for the next billing cycle in accordance with 20.59.07.13. A clear and concise price description of each service, including, but not limited to, any condition of variability or limits on price variability. 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 therm of natural gas during the term of the contract, the supplier shall clearly explain applicable limits. 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. 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. 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. 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. Price Information. A supplier’s price for service shall include, but not be limited to, all fixed and variable components. When noncommodity products are provided with the commodity under supplier-consolidated billing, the supplier shall: List the commodity price for energy service separately from other products if the commodity is sold separately from the other products; 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 gas product without purchasing the other products or services; Provide the approximate commodity and noncommodity portions of the price upon the customer’s request; and 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 supplier price comparison information in the utility service territory. When a gas supplier compares the supplier's price to the price a customer would pay for utility gas commodity service, the gas commodity service price is the sales service price offered in the gas utility territory where the supplier's service is to be provided. Notice of Enrollment. 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 or tariff, as applicable. Supplier and Utility Notice of Enrollment to Customer. A supplier and the utility shall provide written notice of enrollment to a customer entering into an agreement with the supplier on the next business day following the supplier’s receipt of the utility’s enrollment response. A supplier offering supplier-consolidated billing services shall include the following information in its notice of enrollment to a customer under this subsection: An explanation of each payment method a customer may use to pay the gas supplier; The information necessary for the customer to submit payment to the supplier; and A statement that the customer’s previous billing providers may continue to bill the customer for unpaid charges. 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: The entity that will send the bill; and The customer’s previous bill providers may still bill the customer for unpaid charges up through the date of enrollment. Notice of enrollment under §B(1) of this regulation shall include the following: Customer name; Customer service address; Billing name; Billing address; Utility name; Utility account number; Supplier name; Supplier identifier; Commodity provided; Effective date of the enrollment; and Whether the customer will receive supplier-consolidated billing service. 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: Final bill payment instructions; 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 The toll-free telephone number and the web site address of the Commission. Early Cancellation. Notice of early cancellation by the supplier shall comply with §B of this regulation. Early Cancellation Fee. A supplier may impose a reasonable early cancellation fee if a customer cancels the contract before the expiration date. A supplier may deduct a cancellation fee from a customer deposit. Beginning July 1, 2023, a supplier may not impose a cancellation fee on an energy assistance household. Except as provided in COMAR 20.59.04.02 and .04 or in a tariff providing for a supplier default, a utility may remove a customer from supplier services only if directed by a supplier, subject to applicable bankruptcy law. On request of a customer to cancel supply service with the supplier, a supplier shall process the customer's cancellation request for gas service within 2 utility business days after receipt of the cancellation request. 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. 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. A supplier's notice to a nonpaying customer shall include the information in §B of this regulation and the following: The total amount due; The date by which the payment is due to the supplier; The date on or after which the supplier will transmit the drop request to the utility if payment is not received; 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 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. 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. The notice shall: Inform the customer that: The supplier can no longer serve the customer under their existing contract under Public Utilities Article, §4-308; 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 The supplier cannot charge a termination or early cancellation fee; and Provide the toll-free telephone number and the website address of the Commission. 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, then the supplier shall include all the information necessary to enroll the customer, including: The Commission-approved contract for energy assistance households and the contract summary; and Instructions for the customer to provide consent to receive service under the Commission-approved contract for energy assistance households. 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 in the notice the Commission-approved contract for energy assistance households and the contract summary. A supplier is not required to offer a contract rescission period except where required by law. 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 Peoples Counsel of the assignment or transfer. 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 description of the transaction in clear and concise language including the effective date of the assignment or transfer; and Customer service contact information for the assignee. The terms and conditions of the customers contract at the time of assignment shall remain the same for the remainder of the contract term; and The suppliers shall file a notice with the Commission, with a copy to the Office of Peoples 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 three 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 suppliers 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: That the customer will receive bills from the new supplier that will include both the utility and supplier charges; Each method a customer may use to submit payment to the new gas supplier; The information necessary for the customer to submit payment to the new supplier; and A statement that the customers previous billing provider may bill the customer for unpaid charges. Notice of Assignment or Transfer that Changes a Billing Method. The suppliers may not change a customer billing method through an assignment or transfer of contract unless permitted by the customers contract with the assignor or transferor. If the assignment or transfer will result in a change in billing method, the suppliers shall follow all requirements to change a customers billing method in COMAR 20.59.05.06 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. When a customer’s rate changes, a supplier shall make available to a customer his or her rate for the next billing period; The rate shall be made available at least 12 days prior to close of the customer’s billing period; The rate shall be made available in a clear, easy to access format prescribed by the supplier; The supplier shall promptly provide the customer written directions on how to access the rate: At the time of contracting; In the Contract Summary; When sending any notice as required in this title; Upon request; or 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 twelve 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. 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. 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. 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. Utility Obligation to Reject Enrollments. Beginning on July 1, 2023, an energy assistance household may only be enrolled by a supplier onto a Commission-approved contract for energy assistance households. 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. The utility shall record the number of rejected enrollments and provide annual reporting to the Commission. Contracts for Energy Assistance Households. A contract for energy assistance households shall guarantee service at rates at or below the utility’s gas commodity price or net purchased gas charge for the term of the contract. The retail supplier’s rate for comparison shall include all commodity charges, including fixed charges divided by the therms consumed. 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. For billing periods which extend over more than one utility gas commodity price or net purchased gas charge, the rate for comparison shall be: If the customer does not have an AMI meter, the weighted average of the number of days on each gas commodity price or net purchased gas charge; or If the customer does have an AMI meter, the gas commodity price or net purchased gas charge 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. Refund. 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 utility gas commodity price or net purchased gas charge. The refund shall be calculated as the difference between the monies paid during the billing period and the utility gas commodity price or net purchased gas charge. 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. The refund shall be remitted as follows: 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. 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. A supplier shall have a grace period of 10 business days to update their systems to bill a lower new gas commodity price or net purchased gas charge for contracts for energy assistance households after a utility posts a new gas commodity price or net purchased gas charge. Public Utilities Article, §§2-113, 2-121, 4-308, 5-101, 7-507, 7-511, and 7-601—7-606, Annotated Code of Maryland Effective date: Regulations.01—.11 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) Regulation .02A amended effective July 10, 2023 (50:13 Md. R. 513) Regulation .05 amended effective March 14, 2016 (43:5 Md. R. 387); July 10, 2023 (50:13 Md. R. 513) Regulation .05C amended effective March 7, 2022 (49:5 Md. R. 367) Regulation .06A amended effective March 7, 2022 (49:5 Md. R. 367) Regulation .06C adopted effective March 7, 2022 (49:5 Md. R. 367) Regulation .07 amended effective July 10, 2023 (50:13 Md. R. 514) Regulation .07B, C amended effective March 14, 2016 (43:5 Md. R. 387) Regulation .07B, D amended effective May 26, 2025 (52:10 Md. R. 439) Regulation .07C amended effective March 11, 2019 (46:5 Md. R. 310); March 7, 2022 (49:5 Md. R. 367) Regulation .08 amended effective March 14, 2016 (43:5 Md. R. 387) Regulation .08A, D amended effective March 7, 2022 (49:5 Md. R. 367); July 10, 2023 (50:13 Md. R. 513) Regulation .09 amended effective March 7, 2022 (49:5 Md. R. 367) Regulation .09A amended effective March 14, 2016 (43:5 Md. R. 387) Regulation .10A, C amended effective March 14, 2016 (43:5 Md. R. 387); July 10, 2023 (50:13 Md. R. 513) Regulation .10A amended effective March 7, 2022 (49:5 Md. R. 367) Regulation .10D—F adopted effective March 7, 2022 (49:5 Md. R. 367) Regulation .10G adopted effective July 10, 2023 (50:13 Md. R. 513) Regulation .11 amended effective March 14, 2016 (43:5 Md. R. 387) Regulation .12 adopted effective March 14, 2016 (43:5 Md. R. 387) Regulation .12D—E adopted effective March 7, 2022 (49:5 Md. R. 367) Regulation .12F adopted effective July 10, 2023 (50:13 Md. R. 513) Regulation .13 adopted effective March 14, 2016 (43:5 Md. R. 387) Regulation .13E adopted effective July 10, 2023 (50:13 Md. R. 513) Regulation .14 adopted effective July 10, 2023 (50:13 Md. R. 513)