# COMAR Title 20 — Public Service Commission

## Subtitle 61 — Renewable Energy Portfolio Standard Program

### Chapter 04 — Consumer Protection, Reporting, and Enforcement

**Authority:** Public Utilities Article, §§2-121, 5-101, 7-507, and 7-701—7-713, Annotated Code of Maryland

**Administrative History:** Effective date:

**Administrative History:** Regulations .01—.03 adopted as an emergency provision effective July 1, 2005 (32:18 Md. R. 1517); adopted permanently effective November 24, 2005 (32:23 Md. R. 1829)

**Administrative History:** Chapter revised effective January 1, 2007 (33:26 Md. R. 1998)

**Administrative History:** Regulation .01 amended effective September 20, 2010 (37:19 Md. R. 1285); May 26, 2025 (52:10 Md. R. 439)

**Administrative History:** Regulation .01B, D amended effective September 15, 2014 (41:18 Md. R. 1010)

**Administrative History:** Regulation .02 amended effective September 15, 2014 (41:18 Md. R. 1010); May 26, 2025 (52:10 Md. R. 439)

**Administrative History:** Regulation .02B, C amended as an emergency provision effective April 1, 2008 (35:9 Md. R. 895); amended permanently effective May 5, 2008 (35:9 Md. R. 899)

**Administrative History:** Regulation .02C amended effective September 20, 2010 (37:19 Md. R. 1285)

#### Regulation .01 Consumer Protection.

*COMAR 20.61.04.01*

A. A supplier shall retire, in a PJM Environmental Information Services, Inc. Generation Attribute Tracking System reserve subaccount where the Subaccount Name is labeled “Green Power” and accessible by the Commission, one renewable energy credit for each megawatt-hour (MWh) of retail sales of electricity marketed to residential customers as “green power” as defined in Public Utilities Article, §7-707, Annotated Code of Maryland.

B. A supplier contract for the sale of electricity that is marketed as renewable, green, or having the characteristics of a Tier 1 renewable source or Tier 2 renewable source shall include the following:

  (1) The RPS for each year covered by the contract of sale;

  (2) A statement that Tier 1 renewable source or Tier 2 renewable source RECs retired may be used to meet the supplier's RPS obligation for that particular sale; and

  (3) A statement that a supplier may meet its RPS obligation by paying a compliance fee to the Fund under Public Utilities Article, §7-705, Annotated Code of Maryland.

C. The statement required by §B(3) of this regulation shall include, if appropriate, the dollar amount of the Tier 1 including solar and geothermal and Tier 2 compliance fee.

D. Report Required.

  (1) Except as provided in §D(3) of this regulation, on or before April 1 of each year, a supplier shall file with the Commission a report of any activity under §A of this regulation on a form provided by the Commission.

  (2) The supplier report required under §D(1) of this regulation shall include:

    (a) Total retail sales of electricity marketed as renewable energy in Maryland by the supplier for the preceding calendar year; and

    (b) Total RECs associated with sales of renewable energy in Maryland retired by the supplier during the preceding calendar year.

  (3) On or before April 30 of each year, a supplier shall file with the Commission a report of any activity under §A of this regulation that relates to retail sales of electricity marketed as having characteristics of offshore wind energy on a form provided by the Commission..

#### Regulation .02 Annual Report Required.

*COMAR 20.61.04.02*

A. Except as provided under §B(3), (7), and (10), of this regulation, on or before April 1 of each year, each supplier shall file with the Commission an RPS report covering all retail electricity sales in Maryland during the preceding calendar year.

B. The supplier RPS report required under §A of this regulation shall be on a form provided by the Commission and include the:

  (1) Supplier's total Maryland retail electricity sales;

  (2) Excluding exempted sales reported in §B(3) of this regulation, the total exempt electricity sales by category, and, if appropriate, the identity of the customer to which an exemption applies;

  (3) On or before April 30 of each year, the total electricity sales exempted from the offshore wind energy RPS and the identity of the industrial process load and agricultural land owner customers to which the exemption applies;

  (4) Total Maryland retail electricity sales, by renewable source, marketed as renewable or having characteristics of a Tier 1 renewable source or Tier 2 renewable source equal to or greater than the supplier's RPS obligation;

  (5) Total Maryland retail electricity sales, by renewable source, marketed as renewable or having characteristics of a Tier 1 renewable source or Tier 2 renewable source less than the supplier's RPS obligation and the average percentage of the Tier 1 renewable source and Tier 2 renewable source claim for the sales;

  (6) Excluding Tier 1 solar RECs and ORECs, total number of Tier 1 renewable source RECs required to fulfill the supplier’s RPS obligation;

  (7) Total number of Tier 1 solar RECs required to fulfill the supplier's RPS solar obligation, and if applicable, a statement specifying whether the total number is the result of an approved delay under COMAR 20.61.01.04;

  (8) Total number of Tier 2 renewable source RECs required to fulfill the supplier's RPS obligation;

  (9) Excluding Tier 1 solar RECs and ORECs, the total number of Tier 1 renewable source RECs submitted by energy source as calculated under Public Utilities Article, §7-704, Annotated Code of Maryland;

  (10) On or before April 30 of each year, the total number of Tier 1 ORECs required to fulfill the supplier’s offshore wind energy obligation and the number of Tier 1 ORECs purchased;

  (11) Total number of Tier 1 solar renewable source RECs submitted as calculated under Public Utilities Article, §7-704, Annotated Code of Maryland;

  (12) Total number of Tier 2 renewable source RECs submitted by energy source as calculated under Public Utilities Article, §7-704, Annotated Code of Maryland;

  (13) Excluding the Tier 1 solar and offshore wind energy renewable energy portfolio standard, the shortfall of RECs needed to meet the supplier’s Tier 1 renewable source renewable energy portfolio standard;

  (14) Shortfall of RECs needed to meet the supplier's Tier 1 solar renewable source renewable energy portfolio standard;

  (15) By April 30 of each year, the shortfall of RECs needed to meet the supplier’s Tier 1 offshore wind energy renewable energy portfolio standard;

  (16) The shortfall of RECs needed to meet the supplier's Tier 2 renewable source renewable energy portfolio standard;

  (17) If a shortfall in the number of RECs needed to meet the renewable energy portfolio standard is reported, the calculation of a compliance fee based on the total shortfall of Tier 1 renewable source and Tier 2 renewable source RECs, and less any fee waiver granted by the Commission under COMAR 20.61.01.06, including:

    (a) The total shortfall of Tier 1 renewable source RECs excluding RECs derived from solar energy multiplied by the Tier 1 compliance fee;

    (b) The Tier 1 renewable source RECs derived from solar energy multiplied by the Tier 1 solar compliance fee; and

    (c) The Tier 2 renewable source RECs multiplied by the Tier 2 compliance fee.

  (18) If a shortfall in the number of Tier 1 renewable source ORECs needed to meet the renewable energy portfolio standard is associated with sales of industrial process load under COMAR 20.61.01.05E, the calculation of a compliance fee related to the shortfall attributable to sales of industrial process load; and

  (19) Certification of the accuracy and veracity of the report.

C. The reports due on or before April 1 and April 30 shall be accompanied by at least the following:

  (1) All documentation to support the data in the annual RPS report;

  (2) Any applicable financial hardship waiver with documentation of kilowatt-hours (kWhs) covered by the waiver for each customer and the total amount of compliance fees waived under COMAR 20.61.01.05;

  (3) List of all RECs used to meet the RPS, including the REC identification number or documentation of a REC created under COMAR 20.61.03.03;

  (4) Summary report of RECs that were retired during the reporting period;

  (5) Excluding Tier 1 solar RECs and ORECs, the total price of all Tier 1 renewable source for each REC retired during the reporting period;

  (6) The total price of all Tier 1 solar renewable source RECs retired during the reporting period;

  (7) The total price of all Tier 1 ORECs retired during the reporting period;

  (8) The total price of all Tier 2 renewable source RECs retired during the reporting period; and

  (9) Proof of payment of any compliance fee due.

#### Regulation .03 REC Retirement.

*COMAR 20.61.04.03*

A supplier shall retire from the market a REC used to meet its renewable energy portfolio standard.

#### Regulation .04 Enforcement.

*COMAR 20.61.04.04*

A supplier that violates a provision of this subtitle or a provision of the Public Utilities Article of the Annotated Code of Maryland may be subject to a fine or civil penalty.