Chapter 07. Customer Protection
Regulation .01 Scope.LinkCopy 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.LinkCopy Citation
A CCA shall follow the disclosure of customer information regulations, as described in COMAR 20.63.16.04.
Regulation .03 Creditworthiness.LinkCopy 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.LinkCopy 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.LinkCopy 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.LinkCopy 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.LinkCopy 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.LinkCopy 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.LinkCopy 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.LinkCopy 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.LinkCopy 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.LinkCopy 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.LinkCopy Citation
The CCA and its customers are subject to the dispute procedures and regulations in COMAR 20.32.01.
Regulation .14 Website Information.LinkCopy 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 annotations
Authority: Public Utilities Article, §§1–101(b), (f), and (k), 7–306(f)(5) and (h), 7–306.2(d)(3), 7–507(a), 7–510(f) and 7–510.3, Annotated Code of Maryland
History: Effective date: February 5, 2024 (51:2 Md. R. 76)