Md. Code Regs. 20.59.01.02

Current through Register Vol. 51, No. 22, November 1, 2024

Section 20.59.01.02 - Definitions

A. In this subtitle, the following terms have the meanings indicated.

B. Terms Defined.

(1) Agent.

(a) "Agent" means a person who conducts marketing or sales activities, or both, on behalf of a licensed supplier or broker.

(b) 'Agent" includes:

(i) An employee;

(ii) A representative;

(iii) An independent contractor;

(iv) A vendor;

(v) Subcontractors;

(vi) Employees;

(vii) Vendors; and

(viii) Representatives not directly contracted by the supplier who conduct marketing or sales activities on behalf of the supplier.

(2) "Account" means the record of customer information that is designated by a unique utility identifier for premises receiving gas service.

(3) "CAD" means the Consumer Affairs Division within the Commission pursuant to COMAR 20.32.01.02B(2).

(4) "Commission" means the Public Service Commission of Maryland.

(5) "Consent" means an agreement with an action communicated by the following:

(a) A written document with customer signature;

(b) An electronic document with electronic signature; or

(c) A voice recording only if the agreement is exempt under the Maryland Telephone Solicitations Act.

(6) "Consumer" or "customer" means the regulated utility retail natural gas customer account holder.

(7) "Contract for energy assistance households" means a residential retail energy supply contract that meets the legal requirements of Public Utilities Article, §4-308, Annotated Code of Maryland, and any other applicable requirements in the Public Utility Article, in connection with a supplier's supply service for customers who are part of an energy assistance household.

(8) "Contract Summary" means a summary of the material terms and conditions of a retail energy supply contract, on a form provided by the Commission.

(9) "Daily-metered account" means a nonresidential gas account for which a customer:

(a) Purchases gas from a retail supplier; and

(b) Has a gas meter installed for the purpose of recording and reporting gas usage on at least a daily basis for the purpose of utility management of gas supply for the account.

(10) "Drop" means the removal of a customer from a supplier's service.

(11) "Electronic transaction" means a standardized data protocol or electronic transmission medium that has been accepted by the Commission for use in Maryland.

(12) "Energy assistance household" means that the Office of Home Energy Programs found that the service address or household associated with the utility account qualified for a gas assistance program during the current or previous fiscal year. For a utility that provides both gas and electric service, an energy assistance household means that the Office of Home Energy Programs found that the service address or household associated with the utility account qualified for an electric or gas assistance program during the current or previous fiscal year.

(13) Energy assistance program" means the following programs administered by the Maryland Office of Home Energy Programs by which a customer receives financial assistance paying their gas utility bills, which includes but is not necessarily limited to:

(a) The Maryland Energy Assistance Program;

(b) The Utility Service Protection Program; and

(c) The Arrearage Retirement Assistance Program.

(14) "Enrollment" means the addition of a customer to a supplier's service.

(15) "Evergreen contract" means an existing contract that automatically renews without any action by the customer.

(16) "Fiscal year" means the 12-month period that begins on July 1 of a calendar year and ends June 30 of the next calendar year.

(17) "Gas commodity price or net purchased gas charge" is the utility rate for a given period as approved in the utility's applicable sales service tariff, that would be charged to a utility gas commodity customer, excluding any charges, adjustments, riders, or taxes related to distribution rates. The utility shall post and maintain this rate in an easily accessible location on its website.

(18) "Gas company" has the meaning stated in Public Utilities Article, §1-101, Annotated Code of Maryland.

(19) "Gas supplier" or "supplier" means a person licensed under COMAR 20.54.

(20) "Interruptible service account" means a nonresidential gas account for which a customer:

(a) Purchases gas from a retail gas supplier; and

(b) Elects to receive utility service subject to interruption.

(21) "Overcharge" means the difference between the price a customer would have paid the customer's authorized supplier and what the customer paid to an unauthorized supplier.

(22) "Public event" means an event open to the public, which may facilitate retail natural gas sales and marketing activities or may result in a natural gas customer enrollment transaction.

(23) "Supplier-consolidated billing (SCB)" means a form of competitive billing service in which a gas or an electricity supplier is authorized by the Commission to render a bill to a retail gas or electric customer that includes both the supplier charges and the gas or electric company's regulated charges.

(24) "Supply price comparison information" means the rate and language that the Commission may require to be printed on a customer's bill to permit the customer to make meaningful comparisons between competitive supplier prices and the price for standard offer service or sales service provided by the customer's utility.

(25) "Third party verification (TPV)" means consent from the customer agreeing to each of the below-listed material contract terms that is recorded by an independent person not party to the agreement or may be performed by an automated, computerized system. To be valid, the TPV must occur without the presence of the sales agent, and at the outset must describe how the customer can cancel the TPV at any time prior to completion. The consent from the customer must include an acknowledgement:

(a) That he or she is voluntarily choosing to enroll with a supplier;

(b) Of the type of product offered such as variable, fixed, a combination of both;

(c) Of the price and duration of the contract;

(d) Of the amount of an early termination fee if applicable;

(e) That the customer is authorized to make the switch;

(f) Of the contract renewal procedures;

(g) That the customer may access future pricing information;

(h) That the customer has received the supplier's customer support contact information; and

(i) If the customer is entering into a supplier-consolidated billing contract:

(i) That the customer is voluntarily choosing to be billed by the supplier for both supplier charges and utility charges; and

(ii) That the customer understands that the customer's previous bill provider may bill the customer for prior unpaid charges.

(26) "Sales service" means the supply of retail gas commodity service by the customer's gas company.

(27) "Utility" means a gas company as defined in Public Utilities Article, §1-101, Annotated Code of Maryland.

(28) "Utility consolidated billing" means a customer bill produced by a utility that contains both utility charges and supplier gas sales commodity charges.

Md. Code Regs. 20.59.01.02

Regulations .02 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); amended effective 43:5 Md. R. 387, eff.3/14/2016; amended effective 49:5 Md. R.367, eff. 3/7/2022; amended effective 50:13 Md. R. 513, eff. 7/10/2023