§ 7-510

(a) (1) Subject to subsection (b) of this section, the phased implementation of customer choice shall be implemented as follows:

(i) on July 1, 2000, one–third of the residential class in the State of each electric company shall have the opportunity for customer choice;

(ii) on January 1, 2001, the entire industrial class and the entire commercial class in the State of each electric company shall have the opportunity for customer choice;

(iii) on July 1, 2001, two–thirds of the residential class in the State of each electric company shall have the opportunity for customer choice;

(iv) on July 1, 2002, all customers of each electric company shall have the opportunity for customer choice; and

(v) by July 1, 2003, under a separate schedule adopted by the Commission, all customers of each electric cooperative shall have the opportunity for customer choice.

(2) (i) In accordance with this paragraph, the Commission may adopt a separate schedule for municipal electric utilities for the implementation of customer choice.

(ii) A municipal electric utility may not be required to make its service territory available for customer choice unless it elects to do so.

(iii) If a municipal electric utility elects to allow customer choice, the municipal electric utility shall file a proposed plan and schedule with the Commission.

(iv) The Commission may approve each municipal electric utility plan and schedule after considering the features that distinguish the municipal electric utility from other electric companies.

(v) Nothing in this subtitle may be construed to require the functional, operational, structural, or legal separation of the regulated and nonregulated operations of the municipal electric utility.

(3) If a municipal electric utility serves customers outside its distribution territory, electricity suppliers licensed under § 7–507 of this subtitle may serve the customers in the distribution territory of the municipal electric utility.

(b) For good cause shown and if the Commission finds the action to be in the public interest, the Commission may:

(1) accelerate or delay the initial implementation date of July 1, 2000, by up to 3 months; or

(2) accelerate any of the other implementation dates and phase–in percentages in subsection (a) of this section.

(c) (1) Beginning on the initial implementation date, an electric company’s obligation to provide electricity supply and electricity supply service is stated by this subsection.

(2) (i) Electricity supply purchased from a customer’s electric company is known as standard offer service.

(ii) A customer is considered to have chosen the standard offer service if the customer:

1. is not allowed to choose an electricity supplier under the phase in of customer choice in subsection (a) of this section;

2. contracts for electricity with an electricity supplier and it is not delivered;

3. cannot arrange for electricity from an electricity supplier;

4. does not choose an electricity supplier;

5. chooses the standard offer service; or

6. has been denied service or referred to the standard offer service by an electricity supplier in accordance with § 7–507(e)(6) of this subtitle.

(3) (i) An electric company has the obligation to provide standard offer service to residential and small commercial customers at a market price that permits recovery of the verifiable, prudently incurred costs to procure or produce the electricity plus a reasonable return.

(ii) On or before December 31, 2008, and every 5 years thereafter, the Commission shall report to the Governor and, in accordance with § 2–1257 of the State Government Article, to the General Assembly on the status of the standard offer service and the development of competition.

(4) (i) 1. On or before July 1, 2001, the Commission shall adopt regulations or issue orders to establish procedures for the competitive selection of wholesale electricity suppliers, including an affiliate of an electric company, to provide electricity for standard offer service to customers of electric companies under paragraph (2) of this subsection, except for customers of electric cooperatives and municipal electric utilities.

2. Unless delayed by the Commission, the competitive selection shall take effect no later than July 1, 2003.

(ii) 1. Under the obligation to provide standard offer service in accordance with this subsection, the Commission, by regulation or order, and in a manner that is designed to obtain the best price for residential and small commercial customers in light of market conditions at the time of procurement and the need to protect these customers from excessive price increases:

A. shall require each investor–owned electric company to obtain its electricity supply for residential and small commercial customers participating in standard offer service through a competitive process in accordance with this paragraph; and

B. may require or allow an investor–owned electric company to procure electricity for these customers directly from an electricity supplier through one or more bilateral contracts outside the competitive process.

2. A. As the Commission directs, the competitive process shall include a series of competitive wholesale bids in which the investor–owned electric company solicits bids to supply anticipated standard offer service load for residential and small commercial customers as part of a portfolio of blended wholesale supply contracts of short, medium, or long terms, and other appropriate electricity products and strategies, as needed to meet demand in a cost–effective manner.

B. The competitive process may include different bidding structures and mechanisms for base load, peak load, and very short–term procurement.

C. By regulation or order, as a part of the competitive process, the Commission shall require or allow the procurement of cost–effective energy efficiency and conservation measures and services with projected and verifiable energy savings to offset anticipated demand to be served by standard offer service, and the imposition of other cost–effective demand–side management programs.

3. A. In order to prevent an excessive amount of load being exposed to upward price risks and volatility, the Commission may stagger the dates for the competitive wholesale auctions.

B. By regulation or order, the Commission may allow a date on which a competitive wholesale auction takes place to be altered based on current market conditions.

4. By regulation or order, the Commission may allow an investor–owned electric company to refuse to accept some or all of the bids made in a competitive wholesale auction in accordance with standards adopted by the Commission.

5. The investor–owned electric company shall publicly disclose the names of all bidders and the names and load allocation of all successful bidders 90 days after all contracts for supply are executed.

(5) An electric company may procure the electricity needed to meet its standard offer service electricity supply obligation from any electricity supplier, including an affiliate of the electric company.

(6) In order to meet long–term, anticipated demand in the State for standard offer service and other electricity supply, the Commission may require or allow an investor–owned electric company to construct, acquire, or lease, and operate, its own generating facilities, and transmission facilities necessary to interconnect the generating facilities with the electric grid, subject to appropriate cost recovery.

(7) (i) To determine whether an appropriate phased implementation of electricity rates that is necessary to protect residential customers from the impact of sudden and significant increases in electricity rates, the Commission in the case of an increase of 20% or more over the previous year’s total electricity rates, shall conduct evidentiary proceedings, including public hearings.

(ii) 1. A deferral of costs as part of a phased implementation of electricity rates by an investor–owned electric company shall be treated as a regulatory asset to be recovered in accordance with a rate stabilization plan under Part III of this subtitle or any other plan for phased implementation approved by the Commission.

2. A deferral of costs under this paragraph must be just, reasonable, and in the public interest.

(iii) The Commission shall approve the recovery of deferred costs under subparagraph (ii) of this paragraph as:

1. long–term recovery in accordance with a rate stabilization plan under Part III of this subtitle; or

2. short–term recovery through a rate proceeding mechanism approved by the Commission.

(iv) The Commission may approve a phasing in of increased costs by:

1. placing a cap on rates and allowing recovery over time; or

2. allowing rates to increase and providing for a rebate to customers of any excess costs paid.

(8) (i) An electric cooperative that as of July 1, 2006, supplied its standard offer service load through a portfolio of blended wholesale supply contracts of short, medium, and long terms, and other appropriate electricity products and strategies, as needed to meet demand in a cost–effective manner, may choose to continue to use a blended portfolio:

1. as approved and modified by the electric cooperative’s board of directors; and

2. with appropriate review for prudent cost recovery as determined by the Commission.

(ii) The Commission may not set or enforce a termination date for the procurement of supply through a managed portfolio previously approved by the Commission.

(9) (i) The Commission, on request by an electric cooperative or on its own initiative, shall initiate a proceeding to investigate options for a rate stabilization plan to assist residential electric customers to gradually adjust to market rates over an extended period of time.

(ii) If an electric cooperative determines that total electric rates for residential customers are anticipated to increase by more than 20% in a 12–month period resulting from an increase in the cost of generation, the electric cooperative shall survey its membership to determine whether to make a request to the Commission to initiate a proceeding under subsection (a) of this section.

(iii) Notwithstanding subparagraphs (i) and (ii) of this paragraph, as approved by the Commission, an electric cooperative may receive a modification in distribution and transmission rates.

(10) (i) This paragraph does not apply to a member–regulated cooperative as defined in § 5–601 of the Corporations and Associations Article.

(ii) An electric cooperative may advertise, market, and promote standard offer service and related products in its service territory, including availability, price, and other terms, in compliance with appropriate consumer protections consistent with those that apply to electricity suppliers under § 7–507 of this subtitle.

(d) (1) This subsection applies to residential electricity supply other than supply offered through:

(i) standard offer service;

(ii) the Department of General Services’ sale of energy under § 7–704.4 of this title; or

(iii) a community choice aggregator under § 7–510.3 of this subtitle.

(2) A residential electricity supplier:

(i) may offer electricity, other than green power, only at a price that does not exceed the trailing 12–month average of the electric company’s standard offer service rate in the electric company’s service territory as of the date of agreement with the customer;

(ii) may offer residential electricity supply only for a term not to exceed 12 months at a time;

(iii) may, for electricity supply other than green power, automatically renew the term only if the electricity supplier provides notice to the customer 90 days before and 30 days before renewal;

(iv) may offer green power that meets the requirements of § 7–707 of this title, but may not automatically renew the term with the customer;

(v) subject to paragraph (3) of this subsection, may not offer a variable rate other than a rate that adjusts for seasonal variation not more than twice in a single year; and

(vi) may not pay a commission or other incentive–based compensation to an energy salesperson for enrolling customers.

(3) Paragraph (2)(v) of this subsection does not prohibit the offer and use of time–of–use rates that establish different rates for periods within a single day.

(4) A residential electricity supplier may not sell to an electric company, and an electric company may not purchase from the electricity supplier, accounts receivable.

(e) (1) This subsection does not apply to:

(i) the Department of General Services’ sale of energy under § 7–704.4 of this title; or

(ii) a community choice aggregator under § 7–510.3 of this subtitle.

(2) An electric company and a residential electricity supplier shall establish a mechanism for a customer whose account number or customer choice identification number has been compromised to receive a replacement account number or customer choice identification number on request, subject to verification in a manner approved by the Commission.

(f) (1) This subsection does not apply to:

(i) the Department of General Services’ sale of energy under § 7–704.4 of this title; or

(ii) a community choice aggregator under § 7–510.3 of this subtitle.

(2) Except as provided in paragraph (3) of this subsection, as approved by the Commission by regulation or order, each electric company and each residential electricity supplier shall allow a customer to indicate the customer’s intention to remain on standard offer service indefinitely and not to receive directed marketing contacts from electricity suppliers through the implementation of a “do not transfer” list onto which the customer may request to be placed.

(3) A residential electricity supplier may contact a customer on a “do not transfer” list until the electricity supply agreement entered into between the electricity supplier and the customer expires.

(g) (1) In this subsection, “billing entity” means an electric company, a licensed electricity supplier, or any other entity that is responsible for issuing an electric bill to a residential customer.

(2) On or before the 15th day of each month, each billing entity shall submit a report to the Commission on customer choice in its service territory for the preceding month, including:

(i) the total kilowatt–hours distributed to customers purchasing electricity from a third–party electricity supplier;

(ii) the total supply cost charged to customers purchasing electricity from a third–party electricity supplier;

(iii) the total cost that customers specified in item (ii) of this paragraph would have paid under standard offer service;

(iv) the net third–party total cost compared to the net standard offer service cost;

(v) the total third–party average rate;

(vi) the standard offer service average rate;

(vii) the difference between the total third–party average rate and the standard offer service average rate;

(viii) the third–party average residential rates broken out by supplier and the variance between each of these rates and the standard offer service average rate;

(ix) the third–party average general service nondemand rates broken out by supplier and the variance between each of these third–party rates and the standard offer service average rate;

(x) the third–party average general service demand rates broken out by supplier and the variance between each of these third–party rates and the standard offer service average rate;

(xi) the third–party average large power demand rates broken out by supplier and the variance between each of these third–party rates and the standard offer service average rate; and

(xii) other pertinent information the Commission considers appropriate.

(h) The Commission shall, by regulation or order, adopt procedures to implement this section.

(i) Except as provided in § 7–510.3 of this subtitle, a county or municipal corporation may not act as an aggregator unless the Commission determines there is not sufficient competition within the boundaries of the county or municipal corporation.