reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Public Utilities › Division I - Public Services and Utilities › Title 3 - Administrative and Judicial Procedure › Subtitle 1 - Procedure Before Commission › Section 3-107 - Parties -- Rights

In addition to any other right a party in a proceeding before the Commission may be entitled to, the party may:
(1)    summon witnesses, present evidence, and present argument;
(2)    conduct cross-examination and submit rebuttal evidence; and
(3)    take depositions in or outside of the State, subject to regulation by the Commission to prevent undue delay, and in accordance with the procedure provided by law or rule of court with respect to civil actions.
2023 Maryland Statutes › Public Utilities › Division I - Public Services and Utilities › Title 3 - Administrative and Judicial Procedure › Subtitle 1 - Procedure Before Commission › Section 3-108 - Parties -- Ex Parte Contact

Unless notice is provided to each other party in a case before the Commission, a party or person acting on behalf of a party may not contact ex parte a commissioner or a public utility law judge regarding the merits of the case.
2023 Maryland Statutes › Public Utilities › Division I - Public Services and Utilities › Title 3 - Administrative and Judicial Procedure › Subtitle 1 - Procedure Before Commission › Section 3-109 - Subpoenas

(a)    On the request of a party to a proceeding in which a hearing is required or held, the Commission shall issue subpoenas to compel the attendance and testimony of witnesses and the production of documents at a hearing or deposition to be taken by the party.
(b)    On its own motion, the Commission may issue a subpoena to compel the attendance and testimony of witnesses and the production of documents at a hearing or deposition to be taken by the Commission.
(c)    A subpoena shall be signed and issued by a commissioner or the Executive Secretary of the Commission.
(d)    (1)    The Commission may exercise the full authority set forth in 42 U.S.C. § 16453(a) through (c) as if set forth in this article.
(2)    Nothing in the grant of authority set forth in paragraph (1) of this subsection may be construed to preempt or limit any other authority of the Commission under this article.
(3)    In addition to the authority granted to the Commission under federal law to enforce the provisions of 42 U.S.C. § 16453, the circuit courts of the State have jurisdiction to enforce compliance with this subsection.
2023 Maryland Statutes › Public Utilities › Division I - Public Services and Utilities › Title 3 - Administrative and Judicial Procedure › Subtitle 1 - Procedure Before Commission › Section 3-110 - Witnesses

(a)    A person shall:
(1)    attend a proceeding before the Commission, if ordered by the Commission, a commissioner, or the Executive Secretary of the Commission; and
(2)    give any relevant testimony or produce any relevant evidence, if ordered by the Commission, a commissioner, or an authorized hearing examiner.
(b)    (1)    If a person refuses without valid cause to comply with an order issued under subsection (a) of this section, on affidavit that sets forth the violation to a court of general jurisdiction, the Commission or a commissioner may apply for an order to show cause why the person should not be held in contempt.
(2)    An order issued under paragraph (1) of this subsection shall be returned to the court that issued the order, not less than 2 days and not more than 5 days after the date of issue.
(3)    On the return of an order issued under this subsection, if the court determines that the person has violated subsection (a) of this section and persists in the violation, the court may hold the person in contempt.
(c)    (1)    A person may not refuse to comply with subsection (a)(2) of this section on the ground that giving testimony or producing evidence may tend to incriminate or subject the person to penalty or forfeiture.
(2)    Except for perjury committed by an individual giving evidence before the Commission, an individual may not be prosecuted, punished, or subjected to penalty or forfeiture for producing any evidence required under subsection (a) of this section.
2023 Maryland Statutes › Public Utilities › Division I - Public Services and Utilities › Title 3 - Administrative and Judicial Procedure › Subtitle 1 - Procedure Before Commission › Section 3-111 - Official Record; Evidence

(a)    In each hearing, the Commission shall prepare an official record that includes testimony and exhibits.
(b)    (1)    Any evidence, including records possessed by the Commission, that the Commission or a party in a proceeding before the Commission desires to use, shall be offered and made part of the record.
(2)    Factual information or evidence not made part of the record may not be considered in the determination of a case.
(c)    A copy of a record filed with or by the Commission that is certified by the Commission under its official seal as a true copy of the original, is evidence to the same extent as the original.
(d)    (1)    The Commission may take notice of judicially cognizable facts and also of general, technical, or scientific facts within its specialized knowledge.
(2)    The Commission shall notify each party in an appropriate manner of the material noticed under paragraph (1) of this subsection, and shall provide each party an opportunity to contest the notice by the Commission.
2023 Maryland Statutes › Public Utilities › Division I - Public Services and Utilities › Title 3 - Administrative and Judicial Procedure › Subtitle 1 - Procedure Before Commission › Section 3-112 - Burden of Proof

(a)    In a proceeding before the Commission where a person applies for the approval of the Commission under § 5–104, §§ 5–201 through 5–203, or §§ 6–101 through 6–103 of this article, the person shall show by clear and satisfactory evidence that granting the application complies with the requirements of this division and, as the case may be, is required by the public interest or is consistent with the public interest.
(b)    In a proceeding involving a temporary or permanent new rate, or a temporary or permanent change in rate, the burden of proof is on the proponent of the new rate or change in rate.
2023 Maryland Statutes › Public Utilities › Division I - Public Services and Utilities › Title 3 - Administrative and Judicial Procedure › Subtitle 1 - Procedure Before Commission › Section 3-113 - Decisions; Orders

(a)    A decision and order of the Commission in a contested proceeding shall:
(1)    be based on consideration of the record;
(2)    be in writing;
(3)    state the grounds for the conclusions of the Commission; and
(4)    in the case of a complaint proceeding between two public service companies, be issued within 180 days after the close of the record.
(b)    An order of the Commission shall take effect within a reasonable time that the Commission prescribes, and shall continue in force according to the terms of the order unless vacated, suspended, modified, or superseded by further order of the Commission or by a court of competent jurisdiction.
(c)    (1)    A person served with an order of the Commission shall promptly notify the Commission in writing of receipt of service.
(2)    For notification by a corporation under paragraph (1) of this subsection, a person authorized to accept service for the corporation shall sign the notice.
(3)    The Commission may require in an order that notice be provided to the Commission:
(i)    within the time specified in the order;
(ii)    in the same manner as notice provided in paragraph (1) of this subsection; and
(iii)    describing if, and to what extent, the order is accepted and will be obeyed.
(d)    (1)    An order of a panel constituted under § 3–104(a) of this subtitle is final.
(2)    (i)    A proposed order of a commissioner or public utility law judge under § 3–104(d) of this subtitle becomes final unless a party to the proceeding notes an appeal with the Commission within the time period for appeal designated in the proposed order.
(ii)    The time period for appeal designated in the proposed order is 30 days unless the order specifies a shorter period of at least 7 days.
(3)    On appeal, the Commission promptly shall:
(i)    consider the matter on the record before the commissioner or public utility law judge;
(ii)    conduct any further proceedings that it considers necessary including requiring the filing of briefs and the holding of oral argument; and
(iii)    issue a final order.
(e)    Notwithstanding the Administrative Procedure Act, unless a provision of this article specifically requires the Commission to act through regulation, the Commission may implement any provision of this article by either order or regulation as the Commission deems necessary and proper.
2023 Maryland Statutes › Public Utilities › Division I - Public Services and Utilities › Title 3 - Administrative and Judicial Procedure › Subtitle 1 - Procedure Before Commission › Section 3-114 - Rehearing

(a)    On rehearing, the Commission may:
(1)    consider facts not presented in the original hearing, including facts arising after the date of the original hearing; and
(2)    abrogate, change, or modify the original order by new order.
(b)    Except as otherwise ordered by the Commission, the rehearing or application for the rehearing does not:
(1)    stay the enforcement of an order of the Commission; or
(2)    excuse a person affected by the order from complying with the terms of the order.
(c)    (1)    A party in interest may apply to the Commission for rehearing within 30 days after service of a final order on the party.
(2)    The Commission may:
(i)    act on the application; and
(ii)    rehear a final order or conduct further proceedings on its own motion after the filing of a proposed order, as the Commission considers necessary.
(3)    If a rehearing is granted on an application under this subsection, the Commission shall decide the case within 30 days after the case is finally submitted on rehearing.
2023 Maryland Statutes › Public Utilities › Division I - Public Services and Utilities › Title 3 - Administrative and Judicial Procedure › Subtitle 2 - Judicial Review › Section 3-201 - Challenge to Validity of Regulations

(a)    Notwithstanding § 10-120 of the State Government Article, the validity of a regulation of the Commission shall be challenged in accordance with § 10-125 of the State Government Article.
(b)    A party to a Commission proceeding, a person that has been granted intervention in a Commission proceeding, or a person that has been ordered to participate in a Commission proceeding that seeks to challenge a decision by the Commission to act by order rather than regulation shall seek judicial review of the Commission’s decision within 30 days after the Commission issues a final order in that proceeding.
(c)    Notwithstanding any provision of the Administrative Procedure Act, an order of the Commission issued on or before June 30, 2000 in a generic or quasi-legislative proceeding, that is not the subject of a judicial proceeding pending as of June 1, 2004, is not invalid or unenforceable as a result of the order meeting the definition of a regulation under § 10-101 of the State Government Article.
2023 Maryland Statutes › Public Utilities › Division I - Public Services and Utilities › Title 3 - Administrative and Judicial Procedure › Subtitle 2 - Judicial Review › Section 3-202 - Right to Judicial Review of Orders and Decisions

(a)    Except for the staff of the Commission, a party or person in interest, including the People’s Counsel, that is dissatisfied by a final decision or order of the Commission may seek judicial review of the decision or order as provided in this subtitle.
(b)    The Secretary of Natural Resources may seek judicial review under this subtitle of a final decision or order of the Commission made under §§ 7-201 through 7-204, § 7-207, or § 7-208 of this article that relates to the environmental aspects of power plant siting.
(c)    The Secretary of the Environment may seek judicial review of a final decision or order of the Commission made under §§ 7-205 and 7-206 of this article.
(d)    If the Motor Vehicle Administration suspends or revokes the registration of a motor vehicle carrier in accordance with an order of the Commission, only the order of the Commission is subject to review under this section.
2023 Maryland Statutes › Public Utilities › Division I - Public Services and Utilities › Title 3 - Administrative and Judicial Procedure › Subtitle 2 - Judicial Review › Section 3-203 - Scope of Review

Every final decision, order, or regulation of the Commission is prima facie correct and shall be affirmed unless clearly shown to be:
(1)    unconstitutional;
(2)    outside the statutory authority or jurisdiction of the Commission;
(3)    made on unlawful procedure;
(4)    arbitrary or capricious;
(5)    affected by other error of law; or
(6)    if the subject of review is an order entered in a contested proceeding after a hearing, unsupported by substantial evidence on the record considered as a whole.
2023 Maryland Statutes › Public Utilities › Division I - Public Services and Utilities › Title 3 - Administrative and Judicial Procedure › Subtitle 2 - Judicial Review › Section 3-204 - Proceedings for Review

(a)    A proceeding for review under § 3-202 of this subtitle shall be instituted in:
(1)    the circuit court in equity for any county in which the public service company involved in the proceeding operates; or
(2)    the Circuit Court in equity for Baltimore City.
(b)    If more than one proceeding to review an order or final decision of the Commission is instituted, on motion of any party, the court may transfer the proceeding to another court that has jurisdiction.
(c)    If a rehearing by the Commission is applied for, a proceeding for judicial review may be filed after service of the decision of the Commission that denies the rehearing.
(d)    The Commission may be a party to an appeal made under this section.
2023 Maryland Statutes › Public Utilities › Division I - Public Services and Utilities › Title 3 - Administrative and Judicial Procedure › Subtitle 2 - Judicial Review › Section 3-206 - Time of Trial

(a)    After an answer has been filed in a proceeding for review under § 3-202 of this subtitle, the matter shall stand ready for trial on 15 days’ notice by any party.
(b)    (1)    This subsection does not apply to proceedings before the Court of Special Appeals or the Court of Appeals.
(2)    A court shall give preference to a proceeding under this subtitle over all other civil actions except actions concerning elections, regardless of the position of the other actions on the docket.
(3)    A court shall always be open for the trial of a proceeding under this subtitle.
2023 Maryland Statutes › Public Utilities › Division I - Public Services and Utilities › Title 3 - Administrative and Judicial Procedure › Subtitle 2 - Judicial Review › Section 3-207 - Existing Record and Transcript

(a)    (1)    (i)    By stipulation of all parties to a proceeding for review under § 3-202 of this subtitle, the court may shorten the record to be transmitted to the court.
(ii)    If the court determines that a party’s refusal to stipulate to limit the record is unreasonable, the court may assess the additional costs against the refusing party.
(2)    The court may require or allow corrections of the record before the Commission or the certification of additional parts of the record as the court considers appropriate.
(b)    Notwithstanding any other provision of law or rule of court to the contrary, a transcript need not be filed until after the expiration of the period of time for the filing of an answer.
2023 Maryland Statutes › Public Utilities › Division I - Public Services and Utilities › Title 3 - Administrative and Judicial Procedure › Subtitle 2 - Judicial Review › Section 3-208 - Evidence

(a)    (1)    Any party may introduce new evidence on judicial review.
(2)    If the evidence presented on judicial review is materially different from the evidence presented at the hearing before the Commission, the court shall:
(i)    unless all parties stipulate in writing to the contrary, refer a transcript of the new evidence to the Commission; and
(ii)    stay the proceedings for a period of time that the court considers appropriate.
(b)    (1)    On receipt of a transcript in accordance with subsection (a)(2)(i) of this section, the Commission may modify its findings based on the new evidence.
(2)    Within a period of time that the court specifies, the Commission shall file with the court a report of any action taken based on the new evidence.
(c)    (1)    If, on referral, the Commission rescinds the action on which the appeal was taken, the court shall dismiss the appeal and any modification made by the Commission shall stand in place of the original action.
(2)    If, on referral, the Commission does not rescind or modify the original action, the court shall render judgment on the original order.
(d)    Further evidence may not be introduced in the reviewing court after referral to the Commission under this section unless the court finds that serious injustice would otherwise result from the failure to allow the introduction of the new evidence.
(e)    The provisions of § 3-110(c) of this title relating to incriminating testimony apply to proceedings for judicial review under this subtitle.
2023 Maryland Statutes › Public Utilities › Division I - Public Services and Utilities › Title 4 - Rate Regulation › Subtitle 1 - General Provisions › Section 4-101 - "Just and Reasonable Rate" Defined

In this title, “just and reasonable rate” means a rate that:
(1)    does not violate any provision of this article;
(2)    fully considers and is consistent with the public good; and
(3)    except for rates of a common carrier, will result in an operating income to the public service company that yields, after reasonable deduction for depreciation and other necessary and proper expenses and reserves, a reasonable return on the fair value of the public service company’s property used and useful in providing service to the public.
2023 Maryland Statutes › Public Utilities › Division I - Public Services and Utilities › Title 4 - Rate Regulation › Subtitle 1 - General Provisions › Section 4-102 - Commission Power to Regulate Rates

(a)    This section does not apply to small rural electric cooperatives.
(b)    The Commission shall have the power to set a just and reasonable rate of a public service company, as a maximum rate, minimum rate, or both.
(c)    (1)    The Commission shall issue an order, including the rate set under subsection (b) of this section.
(2)    The Commission shall serve the order on each affected public service company.
2023 Maryland Statutes › Public Utilities › Division I - Public Services and Utilities › Title 4 - Rate Regulation › Subtitle 1 - General Provisions › Section 4-103 - Commission Power to Regulate Rates -- Limitations

(a)    In setting just and reasonable rates under this title, the Commission may not discourage the use of employee stock ownership plans by public service companies by denying to the public service companies the full benefits of investment tax credits provided in connection with these plans by the Internal Revenue Code.
(b)    A public service company may not charge off lobbying expenses against its ratepayers.
2023 Maryland Statutes › Public Utilities › Division I - Public Services and Utilities › Title 4 - Rate Regulation › Subtitle 2 - Rate Setting Proceedings › Section 4-202 - Tariffs

(a)    Except as provided in subsection (c)(1) of this section and subject to subsection (c)(2) of this section, a public service company shall file with the Commission a tariff schedule of its rates and charges for its regulated services and for standard offer service as provided in § 7–505(b)(8) of this article.
(b)    As ordered by the Commission, a public service company shall:
(1)    plainly print the tariff schedule of its rates and charges for its regulated services;
(2)    make available the tariff schedules for public inspection; and
(3)    post the tariff schedules to make the tariff schedules readily accessible to and convenient for inspection by the public.
(c)    (1)    (i)    A telephone company that is regulated using an alternative form of regulation under § 4–301 of this title for baskets of services is not required to file with the Commission a tariff schedule of its rates and charges for its regulated retail services that are included in Basket 4 “Discretionary Services” and Basket 5 “Competitive Services”.
(ii)    A telephone company that is not regulated using an alternative form of regulation under § 4–301 of this title for baskets of services is not required to file with the Commission a tariff schedule of its rates and charges for its regulated retail services that, as determined by the Commission, are similar to the services included in Basket 4 “Discretionary Services” and Basket 5 “Competitive Services”.
(2)    Notwithstanding any other law, except as provided in paragraph (1) of this subsection, if the Commission finds after notice and hearing that it is in the public interest, the Commission may allow a telephone company that has 20,000 or fewer subscribers to provide a regulated service without requiring the telephone company to file a tariff schedule of its rates and charges for the regulated service.
(3)    The Commission may issue orders or adopt regulations that the Commission determines necessary to regulate a service in which a telephone company is not required to file a tariff schedule of its rates and charges under this subsection.
2023 Maryland Statutes › Public Utilities › Division I - Public Services and Utilities › Title 4 - Rate Regulation › Subtitle 2 - Rate Setting Proceedings › Section 4-203 - New and Changed Rates; Notice

(a)    Unless otherwise ordered by the Commission, a public service company may not establish a new rate or change in rate unless the public service company:
(1)    provides to the Commission notice of the new rate or change in rate at least 30 days before the new rate is established or current rate is changed; and
(2)    publishes the new rate or change in rate in accordance with § 4–202 of this subtitle during the entire 30 day notice period in new schedules or plainly indicated amendments to existing schedules.
(b)    The public service company shall plainly set forth in the notice and publication:
(1)    the changes that it proposes to the rate schedules currently in force; and
(2)    the effective date of the changes.
(c)    (1)    The technical staff of the Commission may assist a water company or a sewage disposal company in establishing a proposed just and reasonable rate.
(2)    In assisting a water company or a sewage disposal company under this subsection, the technical staff may seek information from the water company or the sewage disposal company.
(3)    The Commission shall restrict the availability of staff–assisted rate cases authorized under this subsection to water companies or sewage disposal companies whose gross annual revenues, for the most recent calendar year for which data are available, are below an amount determined by the Commission, not to exceed $1,000,000.
(4)    The Commission shall adopt regulations to establish formal rules for staff–assisted rate cases authorized under this subsection.
2023 Maryland Statutes › Public Utilities › Division I - Public Services and Utilities › Title 4 - Rate Regulation › Subtitle 2 - Rate Setting Proceedings › Section 4-204 - Effective Date of Proposed Rate; Suspension

(a)    (1)    The Commission may suspend, effective immediately and without formal proceedings, any new rate or change in rate proposed by a public service company.
(2)    Unless suspended by the Commission, and subject to § 4-203 of this subtitle, a new rate or change in rate proposed by a public service company takes effect on the date specified in the rate application.
(3)    The Commission shall furnish to the public service company proposing a rate a written statement of the reasons for the suspension.
(b)    (1)    The Commission promptly shall institute proceedings to consider whether the suspended rate is a just and reasonable rate.
(2)    The Commission may:
(i)    suspend the rate initially for not more than 180 days after the proposed effective date; and
(ii)    extend the suspension for up to an additional 90 days if the filing is for an alternative form of ratemaking for a public service company.
(3)    Subject to subsection (c) of this section, after the suspension or extension under paragraph (2) of this subsection expires, if the Commission has not entered a final order, the new rate or change in rate proposed by the public service company takes effect.
(c)    (1)    If a proposed new rate or rate increase takes effect before the Commission enters a final order in the proceedings, if practicable, the Commission may order the public service company that proposes the rate to keep a detailed and accurate account of:
(i)    all amounts received under the new rate or rate increase; and
(ii)    the persons on whose behalf the amounts are paid.
(2)    After the proceedings conclude, the Commission may require the public service company to refund with interest, to each person listed under paragraph (1)(ii) of this subsection, the part of the new rate or rate increase that the Commission finds unjustified.
(3)    If a refund is not practicable, the public service company shall charge off and amortize the difference between the operating revenues under the rate charged and the operating revenues that would have been obtained from the same volume of business from the final set rate, through a temporary rate decrease for the period that the Commission sets.
2023 Maryland Statutes › Public Utilities › Division I - Public Services and Utilities › Title 4 - Rate Regulation › Subtitle 2 - Rate Setting Proceedings › Section 4-205 - Temporary Rates

(a)    The Commission may set a temporary rate for any public service company that is higher or lower than the rate previously in effect.
(b)    The Commission may set a temporary rate after hearing only if the Commission finds that:
(1)    pending a final rate proceeding, the rate in force is not a just and reasonable rate; and
(2)    the temporary rate is necessary in the interest of justice in view of the length of time that must elapse before a final order may be entered.
(c)    If the order involves a temporary rate increase, and refund to the consumer is practicable, the public service company shall post a bond, with security and in an amount that the Commission approves, payable to the State and conditioned to ensure prompt refund with interest to each consumer of each amount received by the public service company from the consumer above the final rates that the Commission sets.
(d)    Any temporary change in rate shall equal the amount found by the Commission to be higher or lower than a just and reasonable rate.
(e)    (1)    The temporary change in rate under subsection (d) of this section shall remain in effect for an initial period of not more than 9 months.
(2)    The Commission may order the temporary change to be extended by not more than 3 months.
(f)    (1)    If the final rate set is higher than the rate set in the order for a temporary rate, the public service company may amortize and recover over a period that the Commission sets, through a temporary increase over the final rate set, the difference between the operating revenue obtained under the order for a temporary rate and the operating revenue that would have been obtained from the same volume of business from the final rate set.
(2)    If the rate in the order for a temporary rate is higher than the final rate set, the Commission shall order a refund, charge off, or amortization under § 4-204(c) of this subtitle.
2023 Maryland Statutes › Public Utilities › Division I - Public Services and Utilities › Title 4 - Rate Regulation › Subtitle 2 - Rate Setting Proceedings › Section 4-206 - Rate Base -- Valuation

(a)    At any time, the Commission may investigate and determine the fair value of the property of a public service company used and useful in providing service to the public.
(b)    (1)    The valuation:
(i)    is not final until the Commission:
1.    serves on the public service company a copy of the order setting the proposed valuation and the method used to set the valuation; and
2.    allows a reasonable time in which to file a protest; and
(ii)    is final if a protest is not filed within the time specified in the order.
(2)    If a timely protest is filed, the Commission shall enter a final valuation by order after hearing.
(c)    All final valuations are prima facie evidence of value in proceedings under this division.
2023 Maryland Statutes › Public Utilities › Division I - Public Services and Utilities › Title 4 - Rate Regulation › Subtitle 2 - Rate Setting Proceedings › Section 4-208 - Cost Allocation Manual

(a)    This section applies to a public service company that:
(1)    provides gas or electric services;
(2)    is subject to a cost allocation manual approved by the Commission;
(3)    (i)    engages in an unregulated business activity; or
(ii)    has a subsidiary that engages in an unregulated business activity; and
(4)    does not meet the standards for rate proceedings provided for under § 4-207 of this subtitle.
(b)    (1)    A public service company subject to this section shall file an independent audit opinion prepared by an entity approved by the Commission on the earliest of:
(i)    once every 2 years; or
(ii)    when the public service company:
1.    files a request for a change in its base rate under this subtitle; or
2.    has a major change in its corporate organization or structure as determined by the Commission.
(2)    The independent auditor shall:
(i)    examine:
1.    compliance by the public service company with policies and procedures of the public service company’s cost allocation manual;
2.    proper allocation of costs to an affiliate of the public service company in accordance with the manual; and
3.    appropriate charging of costs and transactions relative to the manual to the public service company and its affiliates; and
(ii)    identify adjustments that should be made:
1.    to the manual consistent with prior Commission rulings; and
2.    to the public service company or to an affiliate of the public service company relative to the examination of the allocation of costs and charging of costs and transactions.
(c)    The cost of the independent audit opinion filed under subsection (b) of this section shall be borne by the stockholders of the public service company.
2023 Maryland Statutes › Public Utilities › Division I - Public Services and Utilities › Title 4 - Rate Regulation › Subtitle 2 - Rate Setting Proceedings › Section 4-209 - Allocation of Costs of Relocating Utilities Underground

(a)    With respect to the net capital costs associated with the relocation underground of utility lines and facilities in connection with projects required by § 8–401 of the Land Use Article, the Commission shall:
(1)    set the amount of the monthly surcharge required to support the costs and determine which customers of the applicable utility are subject to the surcharge;
(2)    include in the rate base the related net capital costs; or
(3)    adopt another method to apportion the costs appropriately.
(b)    A utility may not be required to pay more than 50% of the net capital costs of a relocation project.
(c)    A county or municipal corporation may appropriate money for a relocation project from appropriate federal, State, and local funds it receives for this purpose.
2023 Maryland Statutes › Public Utilities › Division I - Public Services and Utilities › Title 4 - Rate Regulation › Subtitle 2 - Rate Setting Proceedings › Section 4-211 - Environmental Remediation Costs

(a)    (1)    Except as provided in paragraph (3) of this subsection, when determining necessary and proper expenses while setting a just and reasonable rate for a gas company, the Commission may include all costs reasonably incurred by the gas company for performing environmental remediation of real property in response to a State or federal law, regulation, or order if:
(i)    the remediation relates to the contamination of the real property; and
(ii)    the real property is or was used to provide manufactured or natural gas service directly or indirectly to the gas company’s customers or the gas company’s predecessors.
(2)    Environmental remediation costs incurred by a gas company may be included in the gas company’s necessary and proper expenses regardless of whether:
(i)    the real property is currently used and useful in providing gas service; or
(ii)    the gas company owns the real property when the rate is set.
(3)    Environmental remediation costs incurred by a gas company may not be included in the gas company’s necessary and proper expenses if a court of competent jurisdiction determines that the proximate cause of the environmental contamination is a result of the gas company’s failure to comply with a State or federal law, regulation, or order in effect when the contamination occurred.
(b)    The Commission shall balance the interests of a gas company with those of the gas company’s customers when setting the recovery schedule for the environmental remediation costs incurred by the gas company.
(c)    (1)    In this subsection, “financial benefit” includes any monetary gain on the conveyance of real property, or any portion of real property that was subject to environmental remediation, to a third party and any other financial benefit of the property or portion of the property that subsequently inures to the gas company, including income from rentals and tax credits, deductions, or other financial benefits, less any environmental remediation costs relating to the property that the gas company was not allowed to recover from the gas company’s customers.
(2)    If a gas company is allowed to recover environmental remediation costs under this section, any financial benefit accruing to the gas company as a result of the remediation of real property shall be credited to the gas company’s customers in a manner determined by the Commission.
2023 Maryland Statutes › Public Utilities › Division I - Public Services and Utilities › Title 4 - Rate Regulation › Subtitle 3 - Specific Rate Regimes › Section 4-301 - Telephone Companies -- Alternative Form of Regulation

(a)    Notwithstanding § 4-101 of this title or any other law to the contrary, the Commission may regulate a telephone company through alternative forms of regulation.
(b)    The Commission may adopt an alternative form of regulation under this section if the Commission finds, after notice and hearing, that the alternative form of regulation:
(1)    protects consumers by, at a minimum:
(i)    producing affordable and reasonably priced basic local exchange service, as defined by the Commission; and
(ii)    ensuring the quality, availability, and reliability of telecommunications services throughout the State;
(2)    encourages the development of competition; and
(3)    is in the public interest.
(c)    An alternative form of regulation may include:
(1)    price regulation;
(2)    revenue regulation;
(3)    ranges of authorized return;
(4)    rate of return;
(5)    categories of services; or
(6)    price indexing.
2023 Maryland Statutes › Public Utilities › Division I - Public Services and Utilities › Title 4 - Rate Regulation › Subtitle 3 - Specific Rate Regimes › Section 4-302 - Common Carriers

(a)    (1)    In this subsection, “operating ratio” means the relationship of common carrier expenses to common carrier operating revenues.
(2)    In considering proper revenue under subsection (b)(3) of this section, the Commission shall determine a fair and equitable operating ratio.
(b)    In setting a just and reasonable rate for common carriers, and classifications, regulations, and practices relating to common carriers, the Commission shall consider, among other factors:
(1)    the inherent advantages of transportation by common carriers;
(2)    the need, in the public interest, of adequate and efficient transportation services by common carriers at the lowest cost consistent with furnishing these services; and
(3)    the need of revenues sufficient to enable common carriers to provide these services under honest, economical, and efficient management.
2023 Maryland Statutes › Public Utilities › Division I - Public Services and Utilities › Title 4 - Rate Regulation › Subtitle 3 - Specific Rate Regimes › Section 4-303 - Rates for Piloted Vessels

(a)    The Commission shall establish pilotage fees and charges for pilotage services to vessels at a just and reasonable rate.
(b)    The Commission shall give notice and hold a public hearing on each rate proposal as provided in this article.
(c)    In determining a just and reasonable rate, the Commission shall consider:
(1)    the draft, dimensions, and tonnage of the vessel piloted;
(2)    the difficulty and inconvenience of the particular service and the time and skill required to render the service;
(3)    the time required to render pilotage service at other United States ports and the fees and charges for the service;
(4)    the public interest in maintaining efficient and reliable pilotage service; and
(5)    other factors relevant to the determination of a just and reasonable rate.
(d)    A pilot may not demand or receive a different compensation for providing pilotage service than the rate set by the Commission under this section.
(e)    The Commission shall impose an assessment on the Association of Maryland Pilots based on assessment guidelines established for public service companies under § 2-110 of this article. The assessment imposed under this subsection may not be less than $25,000.
(f)    All pilotage fees and charges provided by applicable law shall remain in effect until changed by the Commission.
2023 Maryland Statutes › Public Utilities › Division I - Public Services and Utilities › Title 4 - Rate Regulation › Subtitle 3 - Specific Rate Regimes › Section 4-303.1 - Licensed Docking Masters

(a)    The Commission shall establish fees and charges for a licensed docking master to provide docking services in the Ports of Maryland at a just and reasonable rate.
(b)    The Commission shall give notice and hold a public hearing on each rate proposal as provided in this article.
(c)    In determining a just and reasonable rate, the Commission shall consider:
(1)    the draft, dimensions, and tonnage of the vessel;
(2)    the difficulty and inconvenience of the particular service and the time and skill required to render the service;
(3)    the time required to render docking service at other United States ports and the fees and charges for the service;
(4)    the public interest in maintaining efficient and reliable docking service; and
(5)    other factors relevant to the determination of a just and reasonable rate.
(d)    A docking master licensed under Title 5.5 of the Business Occupations and Professions Article may not demand or receive a different compensation for providing docking services than the rate set by the Commission under this section.
(e)    The Commission shall impose an assessment on the association based on assessment guidelines established for public service companies under § 2-110 of this article.
(f)    All fees and charges provided by applicable law shall remain in effect until changed by the Commission.
2023 Maryland Statutes › Public Utilities › Division I - Public Services and Utilities › Title 4 - Rate Regulation › Subtitle 3 - Specific Rate Regimes › Section 4-304 - Interjurisdictional Sewage Disposal Rates

(a)    In this section, “jurisdiction” means a county or municipal corporation.
(b)    This section does not apply if rates for sewage disposal service are specified in a contract between the jurisdictions that supply and receive the sewage disposal service.
(c)    The Commission shall set only the rates for sewage disposal service that one jurisdiction supplies within the taxable limits of another jurisdiction:
(1)    on written application by the jurisdiction that receives the service; and
(2)    in the same way as rates are set for sewage disposal companies.
2023 Maryland Statutes › Public Utilities › Division I - Public Services and Utilities › Title 4 - Rate Regulation › Subtitle 3 - Specific Rate Regimes › Section 4-305 - Interjurisdictional Water -- in General

(a)    In this section, “jurisdiction” means a county, sanitary district, or municipal corporation.
(b)    This section does not affect §§ 35-138, 35-140, 35-141, and 35-145 of the Code of Public Local Laws of Baltimore County.
(c)    The Commission shall set only the rates for water that one jurisdiction supplies within another jurisdiction:
(1)    on written application by the jurisdiction that receives the water; and
(2)    in the same way as rates are set for water companies.
2023 Maryland Statutes › Public Utilities › Division I - Public Services and Utilities › Title 4 - Rate Regulation › Subtitle 3 - Specific Rate Regimes › Section 4-306 - Interjurisdictional Water -- Municipal Service in Talbot County

(a)    This section applies to any municipal corporation in Talbot County that supplies water to an area outside the boundaries of the municipal corporation.
(b)    On written application, the Commission may grant the applicant a certificate of authority to establish a service area outside of its boundaries and to supply that service area with water.
2023 Maryland Statutes › Public Utilities › Division I - Public Services and Utilities › Title 4 - Rate Regulation › Subtitle 3 - Specific Rate Regimes › Section 4-307 - Rate Consolidation of Two or More Water or Sewage Disposal Systems

(a)    In this section, “rate consolidation” means the use of the same or similar rates or tariff schedules of rates for customers of the same class for two or more water or sewage disposal systems even if the systems are not physically interconnected.
(b)    After notice to customers and holding a public hearing and an evidentiary hearing, the Commission may authorize a rate consolidation of two or more water or sewage disposal systems if:
(1)    the water or sewage disposal systems have common ownership; and
(2)    the rate consolidation is in the public interest.
2023 Maryland Statutes › Public Utilities › Division I - Public Services and Utilities › Title 4 - Rate Regulation › Subtitle 3 - Specific Rate Regimes › Section 4-308 - Approval of Supply Offers to Households Receiving Energy Assistance -- Restriction on Third-Party Retail Supplier -- Report on Commission Website

(a)    On or before January 1, 2023, the Commission shall by regulation or order establish an administrative process to approve supply offers for electricity or gas for households in the State that receive energy assistance through a program administered by the Office of Home Energy Programs.
(b)    (1)    Beginning July 1, 2023, unless the Commission has approved the supply offer in accordance with subsection (a) of this section, a third–party retail supplier may not offer to:
(i)    provide electricity or gas to households in the State that have received energy assistance during the previous fiscal year;
(ii)    renew a contract to provide electricity or gas to households in the State that are enrolled in an energy assistance program; or
(iii)    charge a termination fee to households in the State that have received energy assistance during the previous fiscal year.
(2)    An approved supply offer from a third–party retail supplier shall include a commitment, for the entirety of the term of the supply offer, to charging at or below the standard offer service rate or gas commodity rate for customers receiving energy assistance.
(3)    If a third–party retail supplier’s offer is not approved by the Commission, the third–party retail supplier may not:
(i)    receive funds from an energy program administered by the Office of Home Energy Programs; or
(ii)    charge a customer receiving assistance from an energy program administered by the Office of Home Energy Programs.
(c)    The Office of Home Energy Programs may allocate funding toward supplier charges as part of arrearage assistance for contracts that preceded a customer’s application for energy assistance from the Office of Home Energy Programs.
(d)    (1)    On or before September 1 each year, the Commission shall publish a report on the Commission’s website that includes:
(i)    the names and the total number of suppliers that applied for approval to sell to energy assistance households;
(ii)    the names and the total number of suppliers that were approved under subsection (a) of this section;
(iii)    the total number of suppliers that were rejected, if any;
(iv)    the total number of energy assistance households that were signed up with a third–party supplier, as reported by the supplier;
(v)    the total number of submitted supplier enrollments that were denied because the supplier was not approved to serve energy assistance households, as reported by the utility; and
(vi)    the total number of self–identified energy assistance households that filed complaints about their third–party supplier.
(2)    The Commission shall send a copy of the report to the Office of People’s Counsel, the Office of Home Energy Programs, and, subject to § 2–1257 of the State Government Article, the Senate Finance Committee and the House Economic Matters Committee.
2023 Maryland Statutes › Public Utilities › Division I - Public Services and Utilities › Title 4 - Rate Regulation › Subtitle 4 - Fuel Rate Adjustments › Section 4-401 - Sliding Scale

As it considers necessary, and in accordance with the requirements of § 4-402 of this subtitle, the Commission may allow a gas company or electric company to establish a sliding scale to adjust costs of its fuel, purchased power, or purchased gas.
2023 Maryland Statutes › Public Utilities › Division I - Public Services and Utilities › Title 4 - Rate Regulation › Subtitle 4 - Fuel Rate Adjustments › Section 4-402 - Fuel Rates -- in General

(a)    (1)    This section applies to:
(i)    electric fuel rate adjustment clauses;
(ii)    purchased power adjustment clauses; and
(iii)    purchased gas adjustment clauses.
(2)    This section does not apply to a small rural electric cooperative.
(b)    A gas company or electric company that directly passes on to its customers changes in fuel costs, costs of purchased power, or costs of purchased gas shall verify and justify the adjusted costs to the Commission each month.
(c)    The Commission shall order a company to charge off and amortize, by means of a temporary decrease of rates, any charge the Commission finds is unjustified because:
(1)    the company failed to show that the charges were based solely on increased costs of fuel, purchased power, or purchased gas;
(2)    the company failed to follow competitive practices in procuring and purchasing fuel, power, or gas; or
(3)    the company failed to show that its practices in procuring and purchasing fuel were reasonable.
(d)    At least once every 12 months, the Commission shall conduct a public evidentiary hearing on any changes in costs that a company directly passes on to its customers under this section.
2023 Maryland Statutes › Public Utilities › Division I - Public Services and Utilities › Title 4 - Rate Regulation › Subtitle 5 - Prohibitions › Section 4-501 - Services and Compensation

(a)    In its utility operations, a public service company may not:
(1)    sell, render services, or furnish a commodity until the public service company files and publishes its rate schedules in accordance with § 4–202 of this title; or
(2)    demand or collect:
(i)    compensation that differs from compensation specified in its rate schedules that are in force at the time of the demand or collection; or
(ii)    a charge that violates this division.
(b)    A person may not assist, allow, or attempt to assist or allow the actions prohibited under this section by any means, including false billing, false classification, false weighing, or false report of weight, even if a public service company or its personnel consents to or connives with the prohibited action.