Plain Text Law

Title 20 — Subtitle 63. Community Choice Aggregation

Chapter 01. General

Regulation .01 Definitions.Copy Citation

A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Aggregation Plan” means a plan prepared by a county seeking Commission approval to become a CCA pursuant to Public Utilities Article, §7-510.3, Annotated Code of Maryland.
(2)
“Aggregation Supplier” means an electricity supplier licensed by the Commission that has contracted with a county to provide electric supply service to the CCA residential and small commercial electric accounts within the county.
(3)
“CCA Basic Service” means the electric supply service a CCA customer receives if the customer does not select a CCA Optional Service.
(4)
“CCA Optional Service” means one or more supply services a customer enrolled with a CCA may elect to receive.
(5)
“Commission” means the Public Service Commission of Maryland.
(6)
“Community Choice Aggregator (CCA)” has the meaning stated in Public Utilities Article, §1-101(f), Annotated Code of Maryland.
(7)
“County” means a county authorized per Public Utilities Article, §7-510.3(c), Annotated Code of Maryland, to form a CCA.
(8)
“Customer” means a regulated utility retail electric customer account holder.
(9)
“Cybersecurity breach” means any unauthorized act that has been confirmed to result in access to acquisition, control, destruction, disclosure, or modification of a CCA’s information technology systems.
(10)
“Drop” means the removal of a customer from a supplier’s service.
(11)
“Electric company” has the meaning stated in Public Utilities Article, §1-101, Annotated Code of Maryland.
(12)
“Electric storage facility” has the meaning stated in Public Utilities Article, §1-101(k), Annotated Code of Maryland.
(13)
“Electricity supplier” has the meaning stated in COMAR 20.51.01.02B(10).
(14)
“Electronic transaction” means a standardized data protocol or electronic transmission medium that has been accepted by the Commission for use in Maryland.
(15)
“Enrollment” means the assignment by an electric company of an electric retail customer account to electricity supply service.
(16)
“Good cybersecurity practice” means cybersecurity plans that are designed, implemented, maintained, and operated in accordance with an accepted industry cybersecurity standard and in compliance with all applicable State requirements in Commercial Law Article, §§14-3503—14-3508, Annotated Code of Maryland.
(17)
“Information technology system” means hardware and software related to electronic processing, and storage, retrieval, transmittal, and manipulation of data.
(18)
“Opt-out” means the act of a customer choosing not to participate in the CCA’s Basic Service electricity supply service for one or more of its accounts.
(19)
“Program termination” means the cessation of all CCA electric supply service to all CCA customers.
(20)
“Residential electric customer” means a customer served under one or more of an electric company’s residential electric tariffs.
(21)
“Small commercial electric customer” means a commercial customer that has a peak electric load of not more than 25 kilowatts and includes master-metered multiple occupancy residences that have a peak electric load of not more than 25 kilowatts.
(22)
“Standard Offer Service (SOS)” has the meaning stated in Public Utilities Article, §7-501, Annotated Code of Maryland.
(23)
“Transition period” means the period during which a CCA initially enrolls customers after providing customers the opportunity to opt out of the CCA, per COMAR 20.63.04.01.
(24)
“Utility consolidated billing” means the process by which an electric company renders to customers’ bills that include both unregulated retail supply charges on behalf of a retail supplier and the electric company’s regulated charges.
(25)
“Written notice” means a notice made in writing and includes a notice transmitted by mail, facsimile, electronic mail, or other electronic means.
(26)
“Written request” means a request made in writing and includes a request transmitted by mail, facsimile, electronic mail, or other electronic means.

Regulation .02 Landlord-Tenant Service Agreements.Copy Citation

Electric companies shall maintain existing arrangements for landlord-tenant service agreements which may not be affected by a CCA Pilot Program.

Chapter 03. CCA Pre-Enrollment Information

Regulation .01 CCA Customer Consent — Pre-Enrollment.Copy Citation

A.
A CCA is deemed to have obtained a customer’s consent required by COMAR 20.53.03.01A(2) to request the customer’s pre-enrollment information from the electric company after the Commission has approved the CCA’s Aggregation Plan.
B.
A CCA is not required to notify a customer of its intention to obtain customer information from an electric company if the customer’s consent is deemed to have been obtained according to §A of this regulation.

Regulation .02 Pre-Enrollment Information Format.Copy Citation

A.
An electric company shall provide to the CCA customer account pre-enrollment information on a per-account basis using electronic transactions per COMAR 20.53.03.02 after the Commission has approved the CCA’s Aggregation Plan.
B.
A CCA may not make the request described in §A of this regulation unless the CCA is in possession of a customer’s account number or equivalent retail choice identification number.

Regulation .03 CCA Formation Notice Information.Copy Citation

A.
An electric company shall provide to a county in the process of forming a CCA, upon written request, information regarding each residential and small commercial customer in the county from the applicable electric company.
B.
An electric company shall respond to the request in §A of this regulation within 10 business days.
C.
The electric company shall provide the following information:
(1)
Aggregate usage information for each applicable service class, which the CCA may request quarterly; and
(2)
A list of each residential and small commercial electric customer accounts in the county, including the following information for each account:
(a)
Account name;
(b)
Service address;
(c)
Billing address; and
(d)
Utility rate class or code.
D.
The electric company shall include, in the information provided, each residential electric customer account and each small commercial electric customer account at the time of the request.
E.
An electric company shall exclude from the list, provided in §§C and D of this regulation, customer account numbers or retail choice identification numbers.
F.
A county may not request the information in §C(2) of this regulation prior to the effective date of the regulation.
G.
An electric company shall provide a separate list, as described in §C of this regulation, for residential and small commercial customers.

Regulation .04 Information Required for the CCA Opt-Out Notice.Copy Citation

A.
An electric company shall provide to a CCA, upon written request, customer account information regarding each customer in the requesting county after the Commission has approved the CCA’s Aggregation Plan.
B.
An electric company shall respond to the request in §A of this regulation within 30 calendar days.
C.
The electric company shall provide the following information for each account:
(1)
Account name;
(2)
Service address;
(3)
Utility rate class or code;
(4)
Billing address;
(5)
Retail choice status; and
(6)
Electric company recorded SOS request or CCA opt-out status.
D.
The utility shall include, in the information provided, each residential electric customer account and each small commercial electric customer account at the time of the request.
E.
An electric company shall provide a separate list, as described in §C of this regulation, for residential and small commercial customers.

Regulation .05 Recording Customer Information Decisions.Copy Citation

A.
A CCA shall retain records of customer affirmative requests for CCA service, including:
(1)
CCA service requested; and
(2)
The time and date of the request.
B.
A CCA and a county in the process of forming a CCA shall retain records of the time and date of customer requests to opt-out of CCA service.
C.
An electric company shall retain records of the time and date of customer requests to opt-out of CCA service or request SOS service.
D.
The CCA and electric companies shall retain records in §§A—C of this regulation for at least 3 years after the termination date of the CCA.
E.
The electric company shall provide to the CCA, no more frequently than once per business day, the information in §C of this regulation upon written request from the CCA.

Chapter 04. Transfers of Service

Regulation .01 Transition from Standard Offer Service.Copy Citation

A.
Customer Information Update for the Opt-Out Notice. A county may request, from an electric company,data provided under COMAR 20.63.03.04C.
B.
CCA Opt-Out Notice. No less than 45 days prior to the start of CCA service, a county shall mail a notice, including the following information, to all residential and small commercial customers:
(1)
Name, Commission Supplier License number, and identification of which Aggregation Suppliers are providing CCA Basic Service and, if applicable, CCA Optional Services;
(2)
Terms and conditions of service for CCA Basic Service and, if applicable, CCA Optional Services;
(3)
Rates, charges, and fees for CCA Basic Service and, if applicable, CCA Optional Services;
(4)
A comparison of the CCA Basic Service and CCA Optional Services rates with applicable SOS rates;
(5)
Information on how a customer may select:
(a)
SOS service by contacting the electric company;
(b)
CCA service by responding to the notice affirmatively selecting the CCA or through a direct application process; or
(c)
Competitive retail supply by visiting the Commission’s shopping website (www.mdelectricchoice.com) and contacting a competitive supplier to enroll;
(6)
Information on the total renewable component of electricity provided under:
(a)
CCA Basic Service; or
(b)
CCA Optional Supply Services, if applicable;
(7)
A comparison of the renewable content of the CCA Basic Service with that required by current State law;
(8)
An explanation of the following enrollment procedures:
(a)
The means a customer may use to refuse to participate in the CCA service;
(b)
That the customer will receive CCA Basic Service if they take no action unless the customer is served by a retail supplier; and
(c)
That the CCA will not switch a customer on a retail choice contract to the CCA without the customer’s affirmative selection of the applicable CCA service;
(9)
Information on how to access a copy of the CCA’s customer information privacy policy;
(10)
Information about customer protection; and
(11)
A reference to the CCA’s website for the information in this section.
C.
Notice of Opportunity to Opt-Out of CCA Service. The CCA shall provide, in the notice required in §B of this regulation, instructions on all methods by which a customer can refuse or opt out of CCA Basic Service by:
(1)
Responding to the CCA with the customer’s choice to refuse to participate;
(2)
Request of the customer to the electric company to choose to retain or select SOS; or
(3)
Contracting for retail supply from another retail electricity supplier.
D.
Processing of Opt-Out Notices and Enrollments.
(1)
A county in the process of forming a CCA shall be prepared to accept and record a customer’s request to opt-out of CCA service no less than 1 day prior to sending the notice required by Public Utilities Article, §7-510.3 (d)(1)(ii), Annotated Code of Maryland.
(2)
Opt-Out Period. A county shall allow a customer at least 36 days from the date of mailing to respond to the opt-out notice described in §B of this regulation before determining the customer’s choice of the CCA.
(3)
Provision of Account Numbers. An electric company shall provide, upon request of a CCA, an update of the list provided under COMAR 20.63.03.04C with the following modifications:
(a)
An electric company shall provide account numbers solely for customers who are not, as of the date and time the report is generated, enrolled with a retail supplier or have not contacted the electric company to select SOS.
(b)
An electric company shall notify the CCA of a customer’s request to retain or select SOS.
(c)
Any additional information needed by the CCA to enroll a customer to CCA supply service shall be provided by an electric company for customer accounts for which account numbers are provided according to §D(3)(a) of this regulation.
(4)
A CCA may not enroll a customer who contacts the CCA or the customer’s electric company to refuse participation in the CCA unless the customer subsequently affirmatively selects the CCA.
(5)
A CCA may transmit enrollment information to an electric company according to the terms of the electric company’s tariff, subject to the following limitations:
(a)
Enrollments may not be effective prior to the date approved by the Commission in the CCA’s transition schedule.
(b)
Unless otherwise agreed to by the electric company, a CCA may not transmit to a single electric company more than 10,000 account enrollments per day.
E.
Basic Service Offerings.
(1)
A CCA shall offer a single CCA Basic Service for residential customers in each applicable electric company service territory.
(2)
A CCA shall offer a single CCA Basic Service for small commercial electric customers in each applicable electric company service territory.
F.
Transaction Error Handling. The provisions of COMAR 20.53.04.03 shall apply to an Aggregation Supplier.

Regulation .02 Procedure for Enrolling New Accounts by Default.Copy Citation

A.
Upon completion of enrollment of customers under Regulation .01 of this chapter, a CCA may request every business day a list of all customers not included in the list provided in COMAR 20.63.03.04C as well as customers dropped from retail supply service to SOS service since the last list was provided.
B.
For each new customer, this list shall include:
(1)
Account name;
(2)
Service address;
(3)
Billing address;
(4)
Retail choice status;
(5)
CCA opt-out status;
(6)
Utility rate class or code;
(7)
Account numbers for customers who have not selected a retail supplier or have not contacted the utility to select SOS or have declined to participate in the CCA; and
(8)
Any additional information needed to enroll a customer to retail supply service for customer accounts for which account numbers are provided according to §B(7) of this regulation.
C.
An electric company shall provide this information in accordance with the data transfer procedures, as described in COMAR 20.63.15.
D.
New Customer Account Enrollments.
(1)
A CCA may transmit enrollment information for a customer account listed in §A of this regulation to an electric company according to the terms of the electric company’s tariff.
(2)
A CCA may not submit an enrollment for a customer account for which the customer has contacted the CCA to opt-out unless that customer later affirmatively selects the CCA for the account in question.

Chapter 05. CCA Utility Coordination and Billing

Regulation .01 CCA-Utility Coordination and Billing.Copy Citation

A.
A CCA, an Aggregation Supplier, or an energy service provider working as the agent of a CCA shall follow the supplier requirements of COMAR 20.53.05.01, 20.53.05.02, 20.53.05.03, and 20.53.05.05.
B.
An electric company providing services related to electric energy scheduling, load assignment, and utility consolidated billing to a CCA, an Aggregation Supplier, or an energy service provider working as the agent of a CCA shall follow the requirements of COMAR 20.53.05 for services provided to a supplier.

Regulation .02 CCA Bill Messaging.Copy Citation

A.
CCA Bill Item Identification.
(1)
A bill sent to electric customers that participate in the aggregation activities of a CCA shall identify the CCA as the electricity supplier.
(2)
An electric company shall use the name provided by Montgomery County or its designee as the identification of the CCA on a customer bill.
(3)
An Aggregation Supplier or energy service provider contracted to provide services for the CCA shall transmit billing information using a distinct identification for service provided in the aggregation program from service that is provided to its other retail customers.
(4)
A bill including CCA-provided services may identify any commodity services provided with a line item description that displays the rates, fees, or charges separately.

Regulation .03 CCA Price to Compare.Copy Citation

A.
An electric company shall display its SOS rate information on each eligible customer’s bill as the price to compare with retail supply offers, unless otherwise directed by the Commission.
B.
A CCA shall display the SOS price to compare and the CCA Basic Service rate on the CCA website.

Chapter 07. Customer Protection

Regulation .01 Scope.Copy Citation

This chapter applies to electricity supply services that a CCA or its designated agents provide to residential and small commercial electric customers.

Regulation .02 Disclosure of Customer Information.Copy Citation

A CCA shall follow the disclosure of customer information regulations, as described in COMAR 20.63.16.04.

Regulation .03 Creditworthiness.Copy Citation

A.
A CCA may not refuse CCA Basic Service to an eligible customer based on creditworthiness.
B.
A CCA shall apply uniform income, deposit, and creditworthiness standards for CCA Optional Services, if applicable.

Regulation .04 CCA Service Territory.Copy Citation

A county which has formed a CCA shall offer supply service throughout its jurisdiction to all eligible customers that receive distribution service from the local utility.

Regulation .05 Enrollment Disputes.Copy Citation

A.
A customer alleging a violation of this regulation shall initially submit any inquiry or dispute directly to a Community Choice Aggregator for resolution.
B.
A customer alleging a violation of this regulation may, at any time, file a dispute with the Commission’s Consumer Affairs Division.
C.
The CCA may not enroll a customer’s account who has an active retail supply contract, has affirmatively selected Standard Offer Service, or who has previously opted-out of the CCA, without the customer affirmatively selecting the CCA.
D.
A CCA may not assign a customer to optional service unless the customer has affirmatively selected that optional service.
E.
Upon a determination by the Consumer Affairs Division that an enrollment by the CCA was unauthorized, the Consumer Affairs Division may order the CCA to issue a refund to the customer in an amount, determined by the Consumer Affairs Division, intended to hold the customer harmless relative to the price the customer would have paid had the unauthorized enrollment not occurred, including any related early termination penalties.
F.
If the charges have been billed by and the receivable purchased by the utility from the CCA, the refund of charges determined by the Consumer Affairs Division shall be remitted to the utility by the CCA. The refund determined by the Consumer Affairs Division 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 CCA, the refund shall be returned to the customer.
G.
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 the Consumer Affairs Division.

Regulation .06 Termination.Copy Citation

A.
Except as provided under §B of this regulation, a utility may not terminate service for failure of a customer to pay CCA charges.
B.
If a utility purchases the receivables of a CCA under COMAR 20.53.05.03, the purchased CCA receivables become utility charges for the purpose of termination of service under COMAR 20.31.

Regulation .07 Advertising and Solicitations.Copy Citation

A.
A CCA may conduct advertising for CCA services.
B.
A CCA may not engage in a marketing or trade practice that is unfair, false, misleading, or deceptive.
C.
A CCA shall conduct any marketing, subject to the rules in COMAR 20.53.07.07, with the exception of COMAR 20.53.07.07 B(1), and subject to the rules of COMAR 20.53.10.
D.
Disclosures.
(1)
All CCA marketing or solicitation information shall identify the Montgomery County CCA in a clear and conspicuous manner.
(2)
If a price or rate is quoted, the following statements are required:
(a)
The price or rate quoted is only for the specified commodity provided by the CCA;
(b)
The price or rate quoted does not include any tax, electric company distribution charge, or other electric company fee or charges; and
(c)
The CCA’s price or rate is not regulated by the Commission.
E.
Telephone Solicitation. A CCA may not conduct outbound telephone solicitations.

Regulation .08 CCA Terms of Service.Copy Citation

A CCA shall follow the approved terms of service directed by the Commission when approving the CCA’s Aggregation Plan.

Regulation .09 Notice of Enrollment.Copy Citation

A.
A CCA shall provide notice of enrollment of a customer to a utility in a format consistent with the Commission-accepted electric utility supplier coordination agreement.
B.
A CCA shall provide written notice to customers within 5 business days upon change in CCA service option.
C.
Utility Notice of Enrollment to Customer. An electric company shall provide written notice to a customer upon enrollment by a CCA.
D.
Notice of enrollment under this regulation shall include the following:
(1)
Customer name;
(2)
Customer service address;
(3)
Billing name;
(4)
Billing address;
(5)
Utility name;
(6)
Utility account number;
(7)
CCA name;
(8)
Commodity provided; and
(9)
Effective date of the enrollment.

Regulation .10 Notice of Change in Rates.Copy Citation

The CCA shall notify customers by posting to the CCA website any change in rates at least 30 days prior to the change in rates going into effect. The CCA website shall include instructions for contacting the CCA regarding changes in rates.

Regulation .11 CCA Customer Deposits.Copy Citation

The CCA may not require a customer deposit to participate in CCA Basic Service or any optional service billed through the utility consolidated billing.

Regulation .12 CCA Late Payment Charges.Copy Citation

The CCA may not charge customers late payment charges for CCA Basic Service or any optional service billed through utility consolidated billing.

Regulation .13 CCA Dispute Resolution.Copy Citation

The CCA and its customers are subject to the dispute procedures and regulations in COMAR 20.32.01.

Regulation .14 Website Information.Copy Citation

The CCA website shall provide the following information to customers:
A.
Current rates;
B.
Effective period for current rates;
C.
Terms of service;
D.
Renewable content;
E.
Summary of the type of costs included in rates;
F.
Contact information for CCA;
G.
When to contact CCA;
H.
Contact information for electric companies;
I.
When to contact electric companies;
J.
CCA opt-out information, including an explanation of the means to opt-out or refuse CCA service;
K.
CCA enrollment information;
L.
CCA customer information privacy policy;
M.
A copy of the full text of the CCA Aggregation Plan; and
N.
Information about customer protection.

Chapter 11. CCA Aggregation Plan Requirements and Application Process

Regulation .01 Scope.Copy Citation

This chapter applies to Montgomery County when seeking to form a Community Choice Aggregator (CCA) in Maryland.

Regulation .02 Aggregation Plan Requirements.Copy Citation

A.
A county seeking to form a CCA shall submit an Aggregation Plan for Commission approval.
B.
A county shall include the following in its Aggregation Plan:
(1)
A description of the following:
(a)
The CCA’s service territory, including:
(i)
Electric company service territories; and
(ii)
Differences between electric company service territories, if applicable;
(b)
The customers to be served; and
(c)
The resolution process for errors in CCA enrollments or customer SOS selection;
(2)
The proposed CCA transition schedule, including:
(a)
Date by which the CCA will complete procurement of supply to meet initial CCA load;
(b)
Date by which the electric companies in the county will send updated eligible customer lists to the CCA, per COMAR 20.63.03.03B;
(c)
Date by which the CCA will have mailed the CCA opt-out notice to all residential and small commercial electric customers in the county;
(d)
The schedule for residential and small commercial electric customers to respond to the opt-out notice prior to a customer being deemed to have given permission to participate in the CCA;
(e)
Estimated schedule for submitting initial CCA enrollments to each electric company; and
(f)
Date on which CCA begins providing initial electric supply service to customers;
(3)
Details of the circumstances and processes for participating in the aggregation activities of a CCA, including:
(a)
Circumstances and processes by which customers are automatically enrolled in CCA Basic Service;
(b)
Explanation of how the CCA intends to inform customers that SOS and retail supply will continue to be available;
(c)
Processes to permit a customer to decline to participate in the CCA;
(d)
Processes to permit a customer to select SOS or a retail supply contract;
(e)
The circumstances and processes by which a CCA will determine that a customer has opted out of CCA Basic Service;
(f)
Processes by which a customer can affirmatively select CCA Basic Service;
(g)
Processes by which a customer can affirmatively select CCA Optional Services; and
(h)
Explanation of how the county intends to inform customers about the availability of Seamless Moves;
(4)
The circumstances and processes by which the CCA will provide notices to customers, including:
(a)
The draft notice or notices;
(b)
The purpose of the notice; and
(c)
Actions taken by CCA in response to the customer’s response to the notice;
(5)
A description of the organizational structure of the CCA, including:
(a)
Governance policies, including:
(i)
The roles of government personnel;
(ii)
The roles of elected officials; and
(iii)
The roles of other personnel;
(b)
Reporting relationships within the CCA organizational structure;
(c)
County government entity accountable for all CCA policies and procedures; and
(d)
The authority and responsibility of entities within the CCA organizational structure;
(6)
A description of the operations of the CCA, including:
(a)
Each function that will be performed by the CCA;
(b)
The entities responsible and accountable for these functions, including how these entities, whether internal or external, were selected; and
(c)
The internal oversight of the CCA;
(7)
A description of the funding and budget of the CCA, including:
(a)
The anticipated sources of CCA revenues;
(b)
The anticipated CCA operating expenses;
(c)
The anticipated CCA capital costs; and
(d)
A projected initial operating budget for the CCA’s first year of operation;
(8)
A description of the purchasing plan designed to save ratepayers money, including:
(a)
The proposed plan for procuring supply, including anticipated use of Requests for Proposals and competitive bidding;
(b)
Supplier evaluation criteria, including:
(i)
Price;
(ii)
Performance capabilities;
(iii)
Creditworthiness; and
(iv)
Operational capabilities;
(c)
Measures that provide financial assurance associated with the supplier’s commitments;
(d)
Anticipated time frame of initial procurement and subsequent procurement frequency;
(e)
Differentiation of procurement by electric company service territory, if applicable;
(f)
Long-term power purchasing agreements and asset investment, including:
(i)
Means by which counterparties would be evaluated;
(ii)
Method of financing; and
(iii)
Key terms and conditions;
(g)
Purchasing plan monitoring and oversight;
(h)
Measures to mitigate price volatility for customers;
(i)
The role of renewable content in procurement evaluation;
(j)
The role of price in procurement evaluation;
(k)
Description of the potential impact on price that energy sourced from renewable resources may have;
(l)
Description of procedures designed to ensure power is procured to serve entire projected load;
(m)
Explanation of how the purchasing plan is designed to save CCA participants money; and
(n)
Commission review of proposed changes to the approved procurement plan;
(9)
A description of the processes the CCA shall use for entering into and terminating agreements with other entities, including the process for entering and terminating contracts with retail suppliers, electric generation, and electric storage facilities;
(10)
A proposal for reporting to the Commission regarding the CCA’s procurement, including:
(a)
A proposed schedule for the reporting; and
(b)
What information the reporting will provide;
(11)
A description of the rate setting process and costs to participants, including:
(a)
Initial and anticipated service offering;
(i)
Description of differentiation of rates and service options by electric company, if applicable;
(ii)
Description of seasonal, time-of-use, or tiered rates, if applicable;
(iii)
Description of demand response and energy efficiency components, if applicable; and
(iv)
Description of cost true-up mechanisms;
(b)
Description of the frequency of rate updates, including:
(i)
Potential causes for changes in rates;
(ii)
How customers will be notified of rate changes;
(iii)
How the Commission will be notified of rate changes; and
(iv)
Duration of time between a notice of a rate change and the time the rate change becomes effective;
(c)
Recovery of non-commodity costs;
(d)
Customer education for initial and future service offerings;
(e)
Commission notification and review of proposed changes to service offerings;
(f)
Customer deposit requirements;
(g)
Late payment charge requirements; and
(h)
The methodology for establishing the rate for CCA Basic Service, including:
(i)
Prevailing market prices;
(ii)
Ongoing purchases; and
(iii)
Operating costs;
(12)
An analysis of historical and forecast trends in electricity prices, as described in COMAR 20.63.13;
(13)
A statement of the rights and responsibilities of electric customers participating in the CCA and eligible CCA electric customers not currently participating in the CCA, including:
(a)
Proposed terms and conditions of CCA customer participation, including;
(i)
Explanation of customer participation in the CCA;
(ii)
The right to opt-out of participation;
(iii)
The right to request SOS;
(iv)
The right to enter into and retain retail supply contracts;
(v)
The right to request CCA participation;
(vi)
CCA optional service;
(vii)
All processes for customer participation and opt-out;
(viii)
Billing of CCA customers, including use of utility consolidated billing and billing for optional services, if applicable;
(ix)
Payment rules and regulations, including late fees, if applicable;
(x)
Dispute resolution processes;
(xi)
Application of existing electric company regulations and terms and conditions of service;
(xii)
Notice of changes in rates or prices;
(xiii)
How customers will be notified of rates or price changes;
(xiv)
Duration of time between notice of a rate change and the time a rate change become effective;
(xv)
Contact information including a CCA website containing the terms and conditions of CCA participation;
(xvi)
When customers should contact their electric company; and
(xvii)
When customers should contact the CCA;
(b)
Commission review of proposed changes of the terms and conditions of CCA participation, including an explanation of how county residents and small businesses will be made aware of approved changes to the terms and conditions of CCA participation;
(c)
A draft Customer Rights and Responsibilities Pamphlet to be provided to county residents and small commercial electric customers;
(d)
A draft Frequently Asked Questions and Key Definitions to be provided to county residents and small commercial electric customers, including:
(i)
Common terms and definitions;
(ii)
Statement that the electric company’s terms and conditions are unchanged by the customer’s enrollment in the CCA; and
(iii)
The means by which the Frequently Asked Questions and Key Definitions may be made available to county residents and small commercial electric customers;
(e)
A description of the CCA’s data security mechanisms and data privacy policies to be provided to county residents and small commercial electric customers;
(f)
A statement of Universal Electricity Access, Reliability, and Equitable Treatment of all residential and small commercial electric customers; and
(g)
An explanation of how the rights and responsibilities of participating electric customers contained in this section will be provided to county residents and small commercial electric customers;
(14)
The contingency plan for terminating the Aggregation Program, including:
(a)
The conditions and timing of planned termination of the CCA, if any;
(b)
A description of the notices the CCA will provide to the Commission, electric companies in the county and CCA customers in the event of full or partial termination, including;
(i)
Timing of notices to customers, electric companies, and the Commission; and
(ii)
Information to be contained in the notices;
(c)
The processes for transferring customers from the CCA to SOS service; and
(d)
The processes for winding down the CCA;
(15)
A proposed CCA cybersecurity plan, as described in COMAR 20.63.16.03;
(16)
Commission notification and review of changes to an approved Aggregation Plan;
(17)
A statement of the purpose of the CCA, including the goals sought to be achieved;
(18)
The proposed process for comprehensive and effective CCA outreach and education, including:
(a)
Messaging;
(b)
Means of communication; and
(c)
Budget; and
(19)
The process by which the CCA will accept and record customer decisions to opt out of CCA participation.
C.
A county may not act upon any portion of the Aggregation Plan until the Aggregation Plan has been approved by the Commission.

Regulation .03 Aggregation Plan Approval Process.Copy Citation

A.
Filing Schedule and Requirements.
(1)
A county, when initiating a process to form a CCA, shall file with the Commission the following:
(a)
A notice of intent to form a CCA;
(b)
A copy of the County’s Aggregation Plan;
(c)
A draft local law forming the CCA;
(d)
Proposed terms of service;
(e)
Proposed categories of charges;
(f)
Proposed categories of fees; and
(g)
Proposed costs unrelated to actual cost of the electricity supply.
(2)
A county may not initiate a process to form a CCA unless the county has:
(a)
Met the preliminary requirements in §B of this regulation;
(b)
Committed to CCA formation on or after December 31, 2023; and
(c)
Received from the Commission approval of a petition to initiate a process to form a CCA.
B.
Preliminary Requirements. A county may not initiate a process to form a CCA unless it has, at least 60 days prior, performed the following:
(1)
Developed an Aggregation Plan consistent with Regulation .02 of this chapter;
(2)
Filed with the Commission a petition for approval of the county’s intention to initiate a process to form a CCA and
(3)
Included in its petition proof of the following:
(a)
Provision of a written notice of the Aggregation Plan to each residential and small commercial electric customer in the county using a list provided by each electric company serving the county’s residents and businesses;
(b)
Publication of a fair summary of the Aggregation Plan in at least one newspaper of general circulation in the county; and
(c)
Publication, on the county’s website, of the full text of the Aggregation Plan;
C.
Aggregation Plan Discovery Requests.
(1)
A county, after filing the petition with the Commission described in §B(2) of this regulation, shall make reasonable efforts to respond within 10 business days to information requests, including data requests, sent to the county regarding the County’s Aggregation Plan unless the Commission imposes a different deadline.
(2)
A county shall respond to requests made by the Commission’s technical staff, Maryland Peoples’ Counsel, electric companies serving Montgomery County customers, Apartment and Office Building Association of Metropolitan Washington, and other parties to which the Commission has granted discovery rights.
(3)
Objections to discovery and discovery responses shall be made within 3 business days unless otherwise directed by the Commission.
D.
Approval of an Aggregation Plan. A county may not begin providing CCA service to its residential and small commercial customers until after the following has occurred:
(1)
The Commission has approved the County’s Aggregation Plan.
(2)
The county has enacted a local law that provides that the county shall act as a CCA.
E.
Approval of Aggregation Plan Changes.
(1)
A CCA may not implement material changes to the approved Aggregation Plan without Commission approval.
(2)
A CCA shall notify the Commission of any non-material change to the approved Aggregation Plan every 6 months.
(3)
All changes to CCA Basic and Optional Services may not be considered material changes.

Chapter 12. CCA Pilot Program Termination

Regulation .01 Scope.Copy Citation

This chapter applies to the planned or unplanned termination of Community Choice Aggregation (CCA) electric supply service.

Regulation .02 Termination Plan.Copy Citation

A CCA shall comply with the termination contingency plan approved for the CCA by the Commission.

Regulation .03 Notice of Planned Program Termination.Copy Citation

A.
For the years 2028, 2029, and 2030, a CCA shall file with the Commission its current termination plan by April 15 of each year.
B.
The CCA shall include in the filing the planned termination date, or range of dates, for each electric company service territory.
C.
A CCA shall, no less than 16 months prior to the planned termination date of the pilot, notify the Commission and all affected electric distribution companies with CCA customers in the county of any planned program termination of CCA electric supply service that would result in CCA customers switching to SOS supply.
D.
The CCA shall include in the notice required by §B of this regulation:
(1)
The CCA electric supply services in each electric company service territory to be terminated;
(2)
The planned date or range of dates of termination for each electric company service territory;
(3)
The number of customers served, by rate class, for each electric company service territory that the CCA plans to be switched to SOS;
(4)
An explanation of how affected customers enrolled in the CCA will be notified of the planned electric supply service termination no less than 90 days prior to the termination date; and
(5)
An explanation of why the electric supply service is being terminated.

Regulation .04 Notice of Unplanned Program Termination.Copy Citation

A.
The CCA shall notify the Commission, all residential and small commercial electric customers in the county, and all electric companies with CCA customers in the county of any unplanned termination of CCA electric supply service that would result in CCA customers receiving SOS supply as soon as practicable.
B.
A CCA shall include in the notice to the Commission and electric distribution companies of unplanned CCA Pilot Program termination:
(1)
The CCA electric supply services in each electric company service territory to be terminated;
(2)
The planned date, or range of dates, of termination for each electric company service territory;
(3)
The number of customers, by rate class, served for each electric company service territory that the CCA plans to be switched to SOS;
(4)
An explanation of how affected customers enrolled in the CCA will be notified of the unplanned electric supply service termination; and
(5)
An explanation of why the electric supply service is being terminated.
C.
A CCA shall include in the notice to affected residential and small commercial electric customers of unplanned CCA Pilot Program termination:
(1)
The planned date, or range of dates, of termination for each electric company service territory; and
(2)
An explanation that affected customers will be returned to SOS unless they enter into a retail supply contract.

Regulation .05 CCA Termination.Copy Citation

A.
A CCA shall coordinate with each electric company, the transfer of customers back to SOS upon termination of the CCA in order to mitigate the impact to SOS procurement.
B.
A CCA that transfers all customers to SOS shall be considered to be dissolved.
C.
A CCA may not re-form unless it has followed the procedures established by this subtitle for establishing a new CCA.
D.
A CCA may not recover from electric company customers or electric companies any stranded costs for electricity supply contracts entered into by the CCA or generation owned by the CCA.
E.
A county shall make reasonable efforts to mitigate any electric company SOS procurement costs associated with transferring CCA customers back to SOS upon termination of a CCA.

Regulation .06 Sale by the CCA of Contracted Energy Supplies.Copy Citation

A.
Within 30 days of the termination date of the CCA, the county shall inform the Commission of any CCA power purchase agreements designated for the CCA load for electricity supply which will exceed necessary supply for CCA customers by filing with the Commission a notice of Excess Contracted Electricity Supply, as follows:
(1)
The notice shall include a description of each power purchase agreement for electricity supply which will exceed necessary supply for CCA customers, including:
(a)
Power purchase agreement duration;
(b)
Remaining amount due to the contracted supplier;
(c)
Any plan to resell the power purchase agreement or renegotiate the contract; and
(d)
A statement of how the county intends to recover any power purchase agreement costs that are not recovered from CCA participants.
(2)
Within 180 days of the notice, the county shall file with the Commission a notice explaining the status of any contract identified in §A(1) of this regulation.
B.
Mitigation of SOS Unplanned Load. A CCA returning customers to SOS shall make available to the affected electric company any excess contracted electricity supply with right of first refusal.

Chapter 13. Historical and Forecast Electricity Price Trends

Regulation .01 Trend Analysis.Copy Citation

A county shall include in its Aggregation Plan an analysis of historical and forecast trends in electricity prices, including:
A.
A graph or table of historical Residential and Type I SOS prices for the most recent 36 months of data available for each electric utility within the county; and
B.
A graph or table of a 36-month or longer forecast of residential and small commercial customer energy rates meeting baseline State renewable energy goals for each electric utility within the county.

Chapter 14. CCA Non-Commodity Fees and Charges Tariff Structure

Regulation .01 Scope.Copy Citation

This chapter applies to the rates, fees, and charges that a CCA may charge electric distribution customers within the county.

Regulation .02 Permitted Fees, Taxes, and Charges.Copy Citation

A CCA or its designated agents may not assess any fee, tax, or other charge bundled into the aggregation charges or rates billed to CCA customers that is not related to the cost of:
A.
Providing electricity supply and electricity supply service, including service from a generating station owned by the CCA;
B.
Promoting the use of renewable energy;
C.
Promoting electric company energy efficiency programs for electric companies within the county such that:
(1)
Any promotion shall be conducted in consultation with the electric company and the Department of Housing and Community Development; and
(2)
The county may not promote electric company energy efficiency programs not approved by the Commission; or
D.
Providing and promoting programs supplemental to programs permitted in §C(2) of this regulation.

Regulation .03 Description of Non-Commodity Charges and Rates.Copy Citation

A CCA shall separately state any components of bundled charges or rates permitted by Regulation .02 of this chapter as a separate line item in its published terms and conditions of service.

Regulation .04 Separate Billing of Non-Bundled Charges.Copy Citation

A CCA may not send a separate bill to a customer for the same costs the electric company purchases from the CCA, per COMAR 20.63.05.

Chapter 15. Data Exchange

Regulation .01 Scope.Copy Citation

This chapter applies to enrollment transactions and data exchanged between an electric distribution company and a CCA or its designated agents.

Regulation .02 Standards.Copy Citation

For all data exchanges aside from exchanges using Maryland standard electronic data exchange, per COMAR 20.53.01.03, electric companies and a CCA shall mutually agree upon a standardized approach subject to Commission approval.

Regulation .03 Cybersecurity.Copy Citation

CCA and electric companies shall maintain the exchange of data in a manner consistent with good cybersecurity practice.

Regulation .04 Electric Company Instructions.Copy Citation

A.
An electric company shall provide a CCA with written instructions on how to access, via the approved Commission methods, the customer lists and other information provided under this chapter.
B.
An electric company may provide data exchange procedures for CCAs via tariff.

Regulation .05 Operating Procedures.Copy Citation

A CCA shall comply with directions provided by an electric company regarding transmission and security of customer data.

Chapter 16. Data Privacy

Regulation .01 Scope.Copy Citation

This chapter applies to electricity supply services that a CCA or its designated agents provide to residential and small commercial electric customers.

Regulation .02 Good Cybersecurity Practice.Copy Citation

All CCAs shall follow good cybersecurity practice.

Regulation .03 Cybersecurity Plans.Copy Citation

As part of its Aggregation Plan, as described in COMAR 20.63.11.02, the CCA shall submit to the Commission a proposed cybersecurity plan, including:
A.
Cybersecurity-related governance, risk management, procurement practices, personnel hiring, training policies, situational awareness, response, recovery, and transparent reporting of cybersecurity incidents to State and federal entities;
B.
How the CCA will inform the Commission of a cybersecurity breach; and
C.
An explanation of the application of the county’s cybersecurity plan, policies, procedures, and support to the CCA, if applicable.

Regulation .04 Disclosure of Customer Information.Copy Citation

A.
A CCA or its Aggregation Supplier may not disclose customer information provided to the CCA or its Aggregation Suppliers by the electric company or collected from the customer as part of the CCA, including a customer’s billing, payment, enrollment, and credit information, to an entity other than the electric company without the customer’s written or electronic consent, except that a CCA may disclose a customer’s billing, payment, enrollment, and credit information but only if necessary to facilitate billing, bill collection, enrollment, or credit reporting.
B.
A CCA shall provide, upon request of the customer, a copy of the CCA’s customer information privacy policy via the CCA website or by mail.
C.
The Aggregation Supplier shall protect all customer information when it ceases to be the CCA’s Aggregation Supplier or the CCA is terminated, and the Aggregation Supplier may not use for marketing purposes any information obtained as the Aggregation Supplier once it ceases to be the Aggregation Supplier.

Chapter 17. Transition to CCA from SOS

Regulation .01 Scope.Copy Citation

This regulation addresses the initial transition of customers in Montgomery County from SOS to CCA default service.

Regulation .02 Transition Schedule.Copy Citation

A.
A CCA shall follow the CCA Transition Schedule approved by the Commission.
B.
A CCA may not transmit enrollment transactions for CCA Basic Service to an electric company prior to the start date of the CCA Transition Schedule approved by the Commission.
C.
A CCA shall complete the initial transmission of enrollment transactions of customer accounts to the electric company in the amount of time allowed by the CCA Transition Schedule approved by the Commission.
D.
For customers that were not enrolled by the CCA during the initial Commission-approved transition period, the CCA may enroll these customers according to the transfers of service permitted by COMAR 20.63.04.02.
E.
10 days prior to the start of the CCA transition period, a CCA shall advise each electric company of the number of residential and small commercial accounts which the CCA expects to transfer from SOS according to the approved transition schedule.
F.
An electric company shall establish a means to communicate regarding the daily transfer of accounts from SOS to CCA service to assure a smooth transition from SOS to CCA service during the transition schedule.

Regulation .03 Transition Reporting.Copy Citation

A.
A CCA shall prepare, for each impacted electric company, a report filed with the Public Service Commission as soon as possible, but no later than 30 calendar days after the end of the approved CCA Transition Schedule.
B.
Each impacted electric company shall assist the CCA to the extent requested by the CCA.
C.
The report described in §A shall include:
(1)
A tabulation of the number and type of customer accounts that have been enrolled in CCA service;
(2)
A description of differences in the transition from SOS to CCA service from the approved Aggregation Plan transition period;
(3)
A summary of enrollment errors, if any, and the status of correction and mitigation of errors;
(4)
A description of any outstanding issues from the transition requiring immediate Commission attention; and
(5)
Recommended actions, if any.

Chapter 18. Recovery of Uncollectible SOS Expense from CCA Customers

Regulation .01 Scope.Copy Citation

This chapter addresses possible Commission allocation of SOS uncollectible costs to CCA customers, per Public Utilities Article, §7-510.3(p), Annotated Code of Maryland.

Regulation .02 Identification of Delinquent Accounts Receivable Attributable to CCA Customers at the CCA Start of Service.Copy Citation

No later than 90 days prior to the date established by the Commission to begin enrollment of customers in a CCA, an electric company shall calculate and file with the Commission the following relating to a transfer of the electric company’s customers from SOS to the CCA:
A.
An estimate of the amount of SOS uncollectible expense which would be attributable to all residential and small commercial SOS customers in the county at the start of CCA service.
B.
An estimate of the change in the SOS administrative charge or other charges used to recover SOS uncollectible expense based on a range of expected numbers of accounts that would transfer to the CCA from SOS service.
C.
A proposed allocation or assignment to the CCA of the estimated SOS uncollectible expense identified in §A of this regulation, which would, if the change in SOS administrative charges materially adversely impacts the cost of providing SOS, mitigate the change in SOS administrative charges identified in §B of this regulation.

Regulation .03 Recovery of CCA Uncollectible Expense.Copy Citation

A.
An electric utility shall propose to the Commission a tariff provision that establishes a means to recover the estimated SOS uncollectible expense proposed in Regulation .01 of this chapter.
B.
An electric utility shall propose the recovery of CCA uncollectible expense as part of a discount rate tariff that is used for purchased receivables for a CCA using utility consolidated billing to be recovered over a 12-month period following enrollment of customers in the CCA or as otherwise accepted by the Commission.
C.
An electric utility may propose an alternate tariff method of recovery of CCA uncollectible expense for a CCA using other billing methods.

Chapter 19. SOS Risk Mitigation and Pilot Annual Reporting

Regulation .01 Scope.Copy Citation

This regulation addresses the responsibilities of a county serving as a CCA to monitor and mitigate the risks to SOS from the potential for customers to migrate from CCA service to SOS.

Regulation .02 CCA Monthly Reporting.Copy Citation

A CCA shall, on a monthly basis, monitor and file with the Commission, and file copies in all Commission dockets pertaining to the SOS Procurement Improvement Process and Community Choice Aggregation, the following data on a calendar monthly basis beginning with the data for the second month after the start of the transition of accounts to CCA service, and the filing shall include:
A.
The number of accounts enrolled in CCA service, broken down by electric company rate class and electric company service territory;
B.
The number of accounts which leave CCA service each month broken down by electric company rate class and electric company service territory;
C.
Rates, charges, and fees for each service option provided by the CCA for each electric company service area;
D.
The renewable energy content for each service option provided by the CCA for each electric company service area;
E.
Monthly total enrollment for each service option provided by the CCA for each electric company service area;
F.
Summary of customer complaints received by the CCA;
G.
Explanation of anticipated changes in service offerings;
H.
Summary of CCA procurement by electric company service area; and
I.
Explanation of anticipated changes in CCA procurement.

Regulation .03 Risk Mitigation Monitoring.Copy Citation

As soon as practicable, but in no circumstance more than 30 days after the CCA becomes aware of the information requiring notification under this regulation, if the CCA determines that sufficient migration may occur that would trigger detrimental SOS procurement changes prior to or during the next SOS procurement cycle or subsequent SOS procurement cycles, the CCA shall:
A.
Notify the Commission, the Procurement Improvement Process Workgroup, the electric companies serving accounts in Montgomery County, and other interested parties;
B.
Consult with the Commission staff, the electric companies serving accounts in Montgomery County, the Office of People’s Counsel, and Prince George’s County; and
C.
Recommend to the Commission a course of action to mitigate detrimental impact to SOS service or SOS customers.

Regulation .04 Risk Mitigation.Copy Citation

A.
The CCA shall employ measures to mitigate price volatility for CCA customers, as referenced in the CCA’s Aggregation Plan.
B.
The CCA shall employ measures to mitigate the risk of Aggregation Suppliers’ or other suppliers’ failure to provide contracted services, as referenced in the CCA’s Aggregation Plan.

Regulation .05 Pilot Annual Reporting.Copy Citation

A.
The purpose of this regulation is to provide necessary data for annual reporting of the Community Choice Energy Workgroup.
B.
The CCA shall provide the following information to the Commission on or before August 1 of each year that the CCA provides supply service in the county, and the filing shall include:
(1)
Rates, charges, and fees for each service option provided by the CCA for 12 months prior to June 1 of that year for each electric company service area;
(2)
The renewable energy content for each service option provided by the CCA for 12 months prior to June 1 of that year for each electric company service area;
(3)
Monthly total enrollment for each service option provided by the CCA for 12 months prior to June 1 of that year for each electric company service area;
(4)
Summary of customer complaints received by the CCA for 12 months prior to June 1 of that year;
(5)
Explanation of anticipated changes in service offerings over the next 12 months;
(6)
Summary of CCA procurement by electric company service area over the past 12 months; and
(7)
Explanation of anticipated changes in CCA procurement over the next 12 months.

Chapter 20. CCA Coordination Tariff

Regulation .01 Scope.Copy Citation

This chapter applies to the use by electric companies of a tariff to govern the requirements for a county serving as a CCA, Aggregation Suppliers, or agents thereof.

Regulation .02 Tariffs.Copy Citation

A.
Introduction of a CCA Coordination Tariff.
(1)
An electric company serving customers within Montgomery County shall, within 60 days after the Commission adopts the regulations for final publication, file with the Commission proposed tariff language to address the electric company’s interactions with a CCA for the duration of the Pilot.
(2)
An electric company may incorporate the tariff provisions required by this chapter in the company’s existing Electricity Supplier Coordination Tariff.
(3)
Each electric company serving accounts in Montgomery County shall coordinate with the other electric companies serving accounts in Montgomery County to propose consistent tariff provisions.
B.
An electric company shall include at least the following terms and conditions in its tariff for CCA interactions:
(1)
Billing and payment collection;
(2)
Dispute resolution;
(3)
Financial settlement;
(4)
Losses;
(5)
Metering services;
(6)
PJM interconnection requirements;
(7)
Scheduling; and
(8)
Utility charges.

Regulation .03 Pilot Cost Recovery.Copy Citation

A.
Updates to CCA Uncollected Cost Recovery Methods.
(1)
An electric company shall continuously track a CCA’s uncollectible expense, as described in COMAR 20.63.18 for the duration of the Pilot.
(2)
An electric company shall file revised tariffs for CCA uncollectible expense recovery at least annually.
B.
Pilot Administrative Expense Recovery. In addition to those required by §A of this regulation, an electric company shall propose to the Commission a tariff provision that establishes a means to recover the following estimated expenses attributable to the CCA:
(1)
Cash working capital component.
(2)
Program development cost component.
(3)
Purchase of receivable risk component.
C.
Purchase of Receivables Discount Rates.
(1)
An electric company shall propose the recovery of administrative expense required by §B of this regulation as part of a discount rate tariff that is used for purchased receivables for a CCA using utility consolidated billing.
(2)
An electric company shall continuously track a CCA’s administrative expense, as described in §B of this regulation for the duration of the Pilot.
(3)
An electric company shall file revised tariffs for CCA administrative expense recovery at least annually.
D.
An electric company may propose tariff language to establish a method that is different than §C of this regulation for recovery of CCA administrative expense for a CCA.
E.
All Commission-approved CCA-related costs incurred by an electric company shall be recovered from the CCA through tariff provisions, per §§B—D of this regulation.
F.
An electric company may propose costs related to the Pilot in addition to those listed in §§A and B of this regulation for recovery via the methods described in §C or D of this regulation.