Md. Code, Public Utilities § 2-101
(a) There is a Public Service Commission.
(b) The Commission is an independent unit in the Executive Branch of State government.
(c) The Commission shall carry out the functions assigned to it by law.
Md. Code, Public Utilities, Title 2
Md. Code, Public Utilities, Title 2
in effectMd. Code, Public Utilities § 2-102
(a) The Commission consists of five commissioners, appointed by the Governor with the advice and consent of the Senate.
(b) (1) Each commissioner shall be a registered voter of the State.
(2) The Commission shall be:
(i) broadly representative of the geographic and demographic diversity of the State and of the public; and
(ii) composed of individuals with diverse training and experience.
(c) Each commissioner shall devote full time to the duties of office.
(d) (1) The term of a commissioner is 5 years and begins on July 1.
(2) The terms of commissioners are staggered as required by the terms in effect for commissioners on July 1, 2006.
(3) At the end of a term, a commissioner continues to serve until a successor qualifies.
(4) A commissioner who is appointed after a term has begun serves for the rest of the term and until a successor qualifies.
(e) Before taking office, each appointee to the Commission shall take the oath required by Article I, § 9 of the Maryland Constitution.
(f) The Governor may remove a commissioner for incompetence or misconduct in accordance with § 3-307 of the State Government Article.
Md. Code, Public Utilities § 2-103
(a) With the advice and consent of the Senate, the Governor shall appoint a Chairman.
(b) (1) The term of the Chairman is 5 years and begins on July 1.
(2) At the end of a term, the Chairman continues to serve until a successor qualifies.
(3) A Chairman who is appointed after a term has begun serves for the rest of the term and until a successor qualifies.
Md. Code, Public Utilities § 2-104
(a) The Commission shall appoint an Executive Secretary.
(b) The Executive Secretary serves at the pleasure of the Commission.
(c) The Executive Secretary shall:
(1) keep the records of the Commission, including a record of proceedings, all documents required to be filed with the Commission, all orders, regulations, and decisions of the Commission, and all dockets and files;
(2) certify true copies of those materials;
(3) designate an employee of the Commission to perform the duties of Executive Secretary when the Executive Secretary is absent; and
(4) perform the other duties that the Commission prescribes.
(d) With the approval of the Commission and in conformity with Title 10, Subtitle 6, Part III of the State Government Article, the Executive Secretary may destroy any record or document that the Commission possesses, including a record or document required by law to be filed with the Commission, if:
(1) the record or document has been on file for at least 3 years; and
(2) the Executive Secretary considers the document to be obsolete.
Md. Code, Public Utilities § 2-105
(a) The Commission shall appoint an Executive Director.
(b) The Executive Director serves at the pleasure of the Commission.
(c) The Executive Director shall:
(1) direct and coordinate the technical staff, except public utility law judges, of the Commission; and
(2) perform the other duties that the Commission prescribes.
Md. Code, Public Utilities § 2-106
(a) The Commission shall appoint a General Counsel.
(b) The General Counsel shall have been admitted to practice law in the State.
(c) The General Counsel serves at the pleasure of the Commission.
(d) As the Commission directs, the General Counsel shall:
(1) represent the Commission in a proceeding if the Commission is a party to or desires to intervene in the proceeding, if the proceeding involves a question under this division, or if the proceeding involves an act or order of the Commission;
(2) advise the Commission, on request, on any legal question that requires interpretation of a provision of law about the jurisdiction, rights, duties, or powers of the Commission; and
(3) act as attorney to the Commission as the Commission reasonably requires.
(e) The Commission may substitute any other agent for the General Counsel.
Md. Code, Public Utilities § 2-107
(a) Each commissioner, the Chairman of the Commission, the General Counsel, the Executive Secretary, and the Executive Director are entitled to compensation as provided in the State budget.
(b) (1) The salary of the Chairman of the Commission shall be at least $40,000 a year.
(2) The salary of each commissioner shall be at least $35,000 a year.
(c) A commissioner and other Commission personnel are entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.
Md. Code, Public Utilities § 2-108
(a) (1) The principal office of the Commission shall be in Baltimore City at the place that the Commission selects.
(2) Except for legal holidays, the offices of the Commission shall be open for business during regular business hours from Monday through Friday and at other times as the Commission considers necessary.
(b) (1) The Commission shall meet at the times and places in the State as the Commission considers necessary.
(2) For purposes of the Open Meetings Act, a project site visit or educational field tour may not be considered a meeting of the Commission if no organizational business is conducted.
(c) The Commission shall have a seal.
(d) (1) The State budget shall provide sufficient money for the Commission to hire, develop, and organize a staff to perform the functions of the Commission, including analyzing data submitted to the Commission and participating in proceedings as provided in § 3–104 of this article.
(2) (i) As the Commission considers necessary, the Commission shall hire experts including economists, cost of capital experts, rate design experts, accountants, engineers, transportation specialists, and lawyers.
(ii) To assist in the regulation of intrastate hazardous liquid pipelines under Title 11, Subtitle 2 of this article, the Commission shall include on its staff at least one engineer who specializes in the storage of and the transportation of hazardous liquid materials by pipeline.
(3) The Commission shall include on its staff one or more employees that are experts in cybersecurity to:
(i) advise the Chairman of the Commission and the commissioners on measures to improve oversight of the cybersecurity practices of public service companies;
(ii) consult with the Office of Security Management on cybersecurity issues related to utility regulation;
(iii) assist the Commission in monitoring the minimum security standards developed under § 5–306 of this article;
(iv) participate in briefings to discuss cybersecurity practices based on:
1. applicable National Association of Regulatory Utility Commissioners guidance; and
2. improvements to cybersecurity practices recommended in the cybersecurity assessments required under § 5–306 of this article; and
(v) support public service companies that do not meet minimum security standards with remediating vulnerabilities or addressing cybersecurity assessment findings.
(4) The Commission may retain on a case by case basis additional experts as required for a particular matter.
(5) The lawyers who represent the Commission staff in proceedings before the Commission shall be appointed by the Commission and shall be organized and operate independently of the office of General Counsel.
(6) (i) As required, the Commission shall hire public utility law judges.
(ii) Public utility law judges are a separate organizational unit and shall report directly to the Commission.
(7) The Commission shall hire personal staff members for each commissioner as required to provide advice, draft proposed orders and rulings, and perform other personal staff functions.
(8) (i) The Commission shall:
1. collaborate with the Office of Security Management to establish cybersecurity standards and best practices for regulated entities, taking into account utility needs and capabilities based on size;
2. periodically share information on cybersecurity initiatives and best practices with municipal electric utilities; and
3. beginning on or before January 1, 2025, and every 2 years thereafter:
A. collect certifications of a public service company’s compliance with standards used in the assessments conducted under § 5–306 of this article for cybersecurity–related policies and procedures; and
B. submit a report to the State Chief Information Security Officer, or the Officer’s designee.
(ii) The report required under subparagraph (i) of this paragraph shall include:
1. a general overview of cybersecurity technology and policies used by public service companies in the State, grouped by the following types:
A. investor–owned electric companies;
B. electric cooperatives;
C. municipal electric companies;
D. gas companies; and
E. water companies;
2. general recommendations for improving cybersecurity technology and policies used by public service companies in the State, grouped by the following types:
A. investor–owned electric companies;
B. electric cooperatives;
C. municipal electric companies;
D. gas companies; and
E. water companies; and
3. for each certification collected:
A. the name of the public service company;
B. the date of the public service company’s most recent cybersecurity assessment;
C. the cybersecurity framework used in the cybersecurity assessment of the public service company; and
D. the name of the entity that completed the cybersecurity assessment.
(9) Subject to § 3–104 of this article, the Commission may delegate to a commissioner or personnel the authority to perform an administrative function necessary to carry out a duty of the Commission.
(10) (i) Except as provided in subparagraph (ii) of this paragraph or otherwise by law, all personnel of the Commission are subject to the provisions of the State Personnel and Pensions Article.
(ii) The following are in the executive service, management service, or are special appointments in the State Personnel Management System:
1. each commissioner of the Commission;
2. the Executive Director;
3. the General Counsel and each assistant general counsel;
4. the Executive Secretary;
5. the commissioners’ personal staff members;
6. the chief public utility law judge; and
7. each license hearing officer.
(e) The compensation of the following personnel shall be determined by the Commission and, if possible, in accordance with the State pay plan:
(1) the Executive Director;
(2) the General Counsel;
(3) the special appointment attorneys in the office of General Counsel;
(4) the Executive Secretary;
(5) the chief public utility law judge;
(6) each license hearing officer; and
(7) all Commission personnel in positions in:
(i) the management service; and
(ii) professional and technical classifications unique to the Commission.
(f) (1) At least 45 days before the effective date of the change, the Commission shall submit to the Secretary of Budget and Management each change to salary plans that involves increases or decreases in salary ranges other than those associated with routine reclassifications and promotions or general salary increases approved by the General Assembly.
(2) Reportable changes include creation or abolition of classes, regrading the classes from one established range to another, changes in salary guidelines to administer the pay schedules, or creation of new pay schedules or ranges.
(3) The Secretary of Budget and Management shall:
(i) review the proposed changes; and
(ii) at least 15 days before the effective date of the proposed changes, advise the Commission whether the changes would have an adverse effect on comparable State jobs.
(4) Failure of the Secretary to respond in a timely manner is not considered a statement of adverse effect.
(g) On or before January 31 of each year, the Commission shall report to the Secretary of Budget and Management and, subject to § 2–1257 of the State Government Article, to the General Assembly setting forth all personnel positions, classifications, and salaries in the Commission as of the end of the preceding calendar year.
Md. Code, Public Utilities § 2-109
(a) (1) On request of the Commission, a public officer shall give to the Commission, without charge, a certified copy of a document or part of a document on file with the officer.
(2) Without charge, a public officer shall accept from the Commission any document authorized or required to be filed with the officer and shall enter, file, docket, or record the document.
(b) Each record of the Commission is a public record and shall be made available to the public at reasonable times.
Md. Code, Public Utilities § 2-110
(a) In this section, “public service company” includes an electricity supplier and a gas supplier as those terms are defined in § 1–101 of this article.
(b) (1) The costs and expenses of the Commission, the Strategic Energy Planning Office, and the Office of People’s Counsel shall be borne by the public service companies that are subject to the Commission’s jurisdiction.
(2) The costs and expenses shall be assessed as provided in this section.
(3) The Commission shall pay the money that it collects for the assessment under this section into the Public Utility Regulation Fund in the State Treasury established under § 2–110.1 of this subtitle to reimburse the State for the expenses of the Commission, the Strategic Energy Planning Office, and the Office of People’s Counsel.
(c) (1) (i) Before each State fiscal year, the Chairman of the Commission shall estimate the Commission’s total costs and expenses, including:
1. the compensation and expenses of the Commission, its officers, agents, and personnel;
2. the cost of retirement contributions, Social Security, health insurance, and other benefits required to be paid by the State for the personnel of the Commission;
3. all other maintenance and operation expenses of the Commission; and
4. all other direct and indirect costs of the Commission.
(ii) The estimate shall exclude the expenses associated with services performed by the Commission for which the Commission is reimbursed under this division.
(iii) The estimate shall include, as provided by the Strategic Energy Planning Office:
1. the compensation and expenses of the Strategic Energy Planning Office, its officers, agents, and personnel;
2. the cost of retirement contributions, Social Security, health insurance, and other benefits required to be paid by the State for the personnel of the Strategic Energy Planning Office;
3. all other maintenance and operation expenses of the Strategic Energy Planning Office; and
4. all other direct and indirect costs of the Strategic Energy Planning Office.
(iv) The estimate shall include, as provided by the Office of People’s Counsel:
1. the compensation and expenses of the Office of People’s Counsel, its officers, agents, and personnel;
2. the cost of retirement contributions, Social Security, health insurance, and other benefits required to be paid by the State for the personnel of the Office of People’s Counsel;
3. all other maintenance and operation expenses of the Office of People’s Counsel; and
4. all other direct and indirect costs of the Office of People’s Counsel.
(2) Based on the estimate, the Chairman shall determine the amount to be paid by each public service company.
(3) The Commission shall send a bill to each public service company on or before May 1 of each year.
(4) (i) The bill shall equal the product of:
1. the estimated total costs and expenses of the Commission, the Strategic Energy Planning Office, and the Office of People’s Counsel during the next fiscal year; multiplied by
2. the ratio of the gross operating revenues for the public service company derived from intrastate utility and electricity supplier operations in the preceding calendar year, or other 12–month period as the Chairman determines, to the total of the gross operating revenues derived from intrastate utility and electricity supplier operations for all public service companies that are billed under this section over that period.
(ii) To the extent that the Commission requires an electric company to report the gross operating revenue derived from intrastate utility and electricity supplier operation in order to calculate the bill under subparagraph (i) of this paragraph, a small rural electric cooperative described in § 7–502(a) of this article may satisfy the requirement by submitting to the Commission an estimate made in accordance with a formula approved by the Commission from information that the small rural electric cooperative submits to the rural utilities service.
(5) The minimum bill for a public service company shall be $10.
(6) The public service company:
(i) shall pay the bill on or before the next July 15; or
(ii) may elect to make partial payments on the 15th days of July, October, January, and April.
(7) A partial payment shall equal 25% of the bill and may not be less than $10.
(8) During any State fiscal year, the Chairman may change the estimate of costs and expenses of the Commission, the estimate of costs and expenses of the Strategic Energy Planning Office, as changed by the Strategic Energy Planning Office, and the estimate of costs and expenses of the Office of People’s Counsel, as changed by the People’s Counsel.
(9) (i) If the estimate is changed, the Commission shall send a revised bill to each public service company that has elected to make partial payments.
(ii) The change shall be apportioned equally against the remaining payments for the fiscal year.
(10) (i) On or before September 15 of each year, the Chairman shall compute:
1. the actual costs and expenses of the Commission;
2. the actual costs and expenses of the Strategic Energy Planning Office, as provided by the Strategic Energy Planning Office for the preceding fiscal year; and
3. the actual costs and expenses of the Office of People’s Counsel, as provided by the People’s Counsel for the preceding fiscal year.
(ii) If the amounts collected are less than the actual costs and expenses of the Commission, the Strategic Energy Planning Office, and the Office of the People’s Counsel, after deducting the amounts recovered under §§ 2–111(a) and 2–123 of this subtitle, on or before October 15, the Chairman shall send to any public service company that is affected a statement that shows the amount due.
(iii) If the amounts collected exceed the actual costs and expenses of the Commission, the Strategic Energy Planning Office, and the Office of the People’s Counsel for the preceding fiscal year, the Commission shall deduct any excess retained funds from the appropriation for the next fiscal year before the Commission determines the amount to be paid by each public service company for the next fiscal year under paragraph (2) of this subsection.
(11) A public service company shall pay an amount due within 30 days after the statement is received.
(12) The total amount that may be charged to a public service company under this section for a State fiscal year may not exceed:
(i) 0.50% of the public service company’s gross operating revenues derived from intrastate utility and electricity supplier operations in the preceding calendar year, or other 12–month period that the Chairman determines, for the costs and expenses of the Commission other than that of the Strategic Energy Planning Office and the Office of People’s Counsel; plus
(ii) 0.074% of those revenues for the costs and expenses of the Strategic Energy Planning Office; plus
(iii) 0.074% of those revenues for the costs and expenses of the Office of People’s Counsel.
(d) (1) Within 30 days after the Commission issues a bill under subsection (c) of this section, the party billed may request a hearing as to the amount of the bill.
(2) Any amount of a bill that is not paid within 30 days after the date of determination on a hearing or, if a hearing is not requested, on the date when payment is due, shall bear annual interest at a rate, not less than 6%, that the Commission sets by regulation.
Md. Code, Public Utilities § 2-110.1
§2–110.1.
(a) There is a Public Utility Regulation Fund.
(b) The Fund consists of:
(1) all revenue received through the imposition and collection of assessments under § 2–110 of this subtitle;
(2) fees received by the Commission under § 2–123 of this subtitle for filings and for other services rendered by the Commission;
(3) income from investments that the State Treasurer makes for the Fund; and
(4) any other fee, examination assessment, or revenue received by the Commission under this division.
(c) Notwithstanding subsection (b) of this section, the Commission shall pay all fines and penalties collected by the Commission under this article into the Resiliency Hub Grant Program Fund established under § 9–2011 of the State Government Article.
(d) The purpose of the Fund is to pay all the costs and expenses incurred by the Commission, the Strategic Energy Planning Office, and the Office of People’s Counsel that are related to the operation of the Commission, the Strategic Energy Planning Office, and the Office of People’s Counsel, including:
(1) expenditures authorized under this division; and
(2) any other expense authorized in the State budget.
(e) (1) All the costs and expenses of the Commission, the Strategic Energy Planning Office, and the Office of People’s Counsel shall be included in the State budget.
(2) Expenditures from the Fund to cover costs and expenses of the Commission, the Strategic Energy Planning Office, and Office of People’s Counsel may only be made:
(i) with an appropriation from the Fund approved by the General Assembly in the State budget; or
(ii) by budget amendment in accordance with § 7–209 of the State Finance and Procurement Article.
(f) (1) The State Treasurer is the custodian of the Fund.
(2) The State Treasurer shall deposit payments received from the Commission into the Fund.
(g) (1) The Fund is a continuing, special, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article, and may not be considered a part of the General Fund of the State.
(2) Unless otherwise provided by law, no part of the Fund may revert or be credited to:
(i) the General Fund of the State; or
(ii) any other special fund of the State.
Md. Code, Public Utilities § 2-111
(a) The Commission may charge reasonable fees for copies of Commission documents.
(b) The Commission may charge $1 to issue or renew a taxicab driver license and $2 to issue a duplicate taxicab driver license.
Md. Code, Public Utilities § 2-112
(a) (1) Except as provided in paragraph (2) of this subsection, to the full extent that the Constitution and laws of the United States allow, the Commission has jurisdiction over each public service company that engages in or operates a utility business in the State and over motor carrier companies as provided in Title 9 of this article.
(2) Except as provided in Title 5, Subtitle 6, Part VI of the Corporations and Associations Article, the Commission does not have jurisdiction over a member–regulated cooperative as defined in § 5–601 of the Corporations and Associations Article.
(b) (1) The Commission has the powers specifically conferred by law.
(2) The Commission has the implied and incidental powers needed or proper to carry out its functions under this division.
(c) The powers of the Commission shall be construed liberally.
Md. Code, Public Utilities § 2-113
(a) (1) The Commission shall:
(i) supervise and regulate the public service companies subject to the jurisdiction of the Commission to:
1. ensure their operation in the interest of the public; and
2. promote adequate, economical, and efficient delivery of utility services in the State without unjust discrimination; and
(ii) enforce compliance with the requirements of law by public service companies, including requirements with respect to financial condition, capitalization, franchises, plant, manner of operation, rates, and service.
(2) In supervising and regulating public service companies, the Commission shall consider:
(i) the public safety;
(ii) the economy of the State;
(iii) the maintenance of fair and stable labor standards for affected workers;
(iv) the conservation of natural resources;
(v) the preservation of environmental quality, including protection of the global climate from continued short–term and long–term warming based on the best available scientific information recognized by the Intergovernmental Panel on Climate Change;
(vi) the achievement of the State’s climate commitments for reducing statewide greenhouse gas emissions, including those specified in Title 2, Subtitle 12 of the Environment Article; and
(vii) the protection of a public service company’s infrastructure against cybersecurity threats.
(b) The powers and duties listed in this title do not limit the scope of the general powers and duties of the Commission provided for by this division.
Md. Code, Public Utilities § 2-114
To inspect a plant of a public service company, the Commission may:
(1) have access to the plant;
(2) set up and use equipment in the plant as needed; and
(3) occupy space in the plant as the Commission considers reasonably necessary to inspect or test.
Md. Code, Public Utilities § 2-115
(a) The Commission shall initiate and conduct any investigation necessary to execute its powers or perform its duties under this division.
(b) The Commission may:
(1) examine the records of a public service company;
(2) compel production of the records by subpoena; and
(3) require verified copies of the records to be filed with the Commission.
Md. Code, Public Utilities § 2-116
(a) (1) As it considers desirable, the Commission may conduct proceedings on proposed amendments to any law that, in the judgment of the Commission, would affect the public interest in any aspect of the business of a public service company.
(2) On request of the Governor, the General Assembly, or either house of the General Assembly, the Commission shall conduct proceedings on proposed amendments to any law that, in the judgment of the Commission, would affect the public interest in any aspect of the business of a public service company.
(b) (1) The Commission may recommend or prepare legislation on any matter within or related to the jurisdiction of the Commission.
(2) If a proceeding under this section was held on request, subject to § 2-1257 of the State Government Article, the Commission shall report its conclusions to the person or body who requested the proceeding.
Md. Code, Public Utilities § 2-117
(a) (1) If the Commission believes that a public service company or gas master meter operator that is subject to the Commission’s jurisdiction is violating or will violate this division, the Commission shall bring an action in the Commission’s name for injunction or other appropriate action in the circuit court of a county where the public service company or gas master meter operator does business or has its principal place of business.
(2) The court:
(i) shall allow a period not exceeding 20 days for the defendant to show cause why the relief sought should not be granted;
(ii) after the period, shall inquire immediately into the merits of the case, without other or formal pleadings and without respect to any technical requirement;
(iii) may join as parties any persons as is necessary or proper to make a judgment or process effective; and
(iv) shall issue a final order that grants appropriate relief.
(b) (1) The Commission shall notify an offender to appear and answer charges on complaint filed by a carrier or on discovery of a violation or infringement by the Commission’s own investigation that:
(i) the offender is or has been infringing on or violating a permit granted to the carrier by the Commission;
(ii) the offender, without a permit, is exercising or using a right granted in a permit;
(iii) a right granted in a permit is being subjected to unrestricted or unregulated competition; or
(iv) the offender, without a permit, is serving, wholly or partly, directly or indirectly, a route set forth in a granted permit.
(2) The notice shall be sent to or served on the offender as provided by § 3-103 of this article.
(3) If the Commission finds that the offender is violating or infringing, or has violated or infringed on the rights of a carrier, the Commission shall order the offender to stop the operations that led to the violation or infringement.
(4) If the offender does not obey the order of the Commission, the Commission shall notify the offender to show cause within 10 days after the notice is mailed or served why the registration certificate for each vehicle involved in the operations should not be suspended or revoked.
(5) If cause is not shown or if, after hearing, the Commission finds that cause is not shown, the Commission shall certify to the Motor Vehicle Administration:
(i) that the registration certificate of each vehicle involved in the operations shall be suspended or revoked;
(ii) the condition of the suspension or revocation; and
(iii) if possible, the license number of each vehicle for which the certificate of registration is to be suspended or revoked.
(6) On receipt of the certification, the Motor Vehicle Administration automatically shall suspend or revoke each certificate of registration in accordance with the conditions contained in the certification.
(7) The action of the Motor Vehicle Administration may not be appealed but judicial review of an order or certification of the Commission may be sought as provided in Title 3, Subtitle 2 of this article.
Md. Code, Public Utilities § 2-118
(a) This section does not apply to:
(1) taxicabs;
(2) powerboat companies;
(3) toll bridges;
(4) towing and lightering companies; or
(5) small rural electric cooperatives described in § 7-502(a) of this article.
(b) The Commission shall require each public service company subject to its jurisdiction to formulate and, after approval by the Commission, to implement long-range plans to provide regulated service.
(c) The Commission shall require each electric company in the State to include in the long-range plan adequate, cost-effective provisions to promote energy conservation to decrease or moderate electric and, as appropriate, natural gas demand for regulated service from customers.
(d) (1) The Commission shall review each plan for adequacy under the criteria of § 2-113 of this subtitle, giving attention to the interrelationship of services of other public service companies and to provisions for research and development to ensure adequate service.
(2) As part of the review, and subject to any applicable Freedom of Information Act, the Commission shall consult with other State units and provide an opportunity for public comment.
(3) The Commission shall require the revisions to a plan that the Commission considers appropriate unless the authority to review and approve a plan has been granted to another State unit by other law.
Md. Code, Public Utilities § 2-119
As the interests of the people of this State are affected, the Commission:
(1) shall study the rates and service of public service companies in interstate commerce beyond the jurisdiction of the Commission; and
(2) may apply to and appear before appropriate federal units to protect those interests.
Md. Code, Public Utilities § 2-120
Under interstate compacts or agreements or under the concurrent power of states to regulate interstate commerce, or as an agency of the federal government, or otherwise, the Commission may act jointly or concurrently with an official board or commission of the United States or a state in a proceeding relating to the regulation of a public service company.
Md. Code, Public Utilities § 2-121
The Commission may adopt reasonable regulations as necessary to carry out any law that relates to the Commission.
Md. Code, Public Utilities § 2-122
(a) (1) On or before May 1 of each year, the Commission shall publish an annual report that summarizes the activities of the Commission that includes:
(i) a summary of each regulation, opinion, or order that the Commission adopted, entered, or passed during the year; and
(ii) any other information that the Commission considers of value.
(2) The Commission shall send a copy of the report to the Governor and, subject to § 2–1257 of the State Government Article, to the General Assembly.
(b) Each year, the Commission shall publish a report that includes:
(1) the progress of the residential conservation service plan;
(2) Commission activities to moderate peak electric demand; and
(3) energy conservation measures taken by gas companies and electric companies in the State to reduce electrical and natural gas demand.
Md. Code, Public Utilities § 2-123
(a) In accordance with this section, the Commission may charge reasonable and nondiscriminatory fees for the filing of documents with the Commission and for other services performed by the Commission.
(b) Actions for which the Commission may charge a fee include:
(1) an initial tariff or tariff change;
(2) a certificate of public convenience and necessity;
(3) an application to provide or abandon service;
(4) a preparation of any record in appeal;
(5) a certification of any document;
(6) an application or petition to increase or decrease rates;
(7) an annual report;
(8) a copy of papers, testimony, microfiche, records, and computer printouts; and
(9) any other filing or service for which the Commission reasonably determines that a fee is required.
(c) (1) In determining the amount of a fee to be charged for a filing or other service performed by the Commission, the Commission shall consider the estimated expense associated with the filing or other service.
(2) (i) The Commission shall waive a fee charged under this section for a filing by a unit of State government or for a service performed by the Commission for a unit of State government.
(ii) The Commission may waive a fee charged under this section if the Commission determines that the waiver is in the public interest.
(d) A document for which a filing fee is required may be received by the Commission at any time, but may not be considered filed until the filing fee has been paid.
(e) The Commission shall deposit all fees collected under this section in the Public Utility Regulation Fund.
(f) The Commission shall adopt regulations to set reasonable and nondiscriminatory fees for filing and other services performed by the Commission.
Md. Code, Public Utilities § 2-201
In this subtitle, “residential and noncommercial users” means:
(1) residential users of gas, electricity, telephones, or water and sewerage; and
(2) noncommercial users of other services regulated by the Commission.
Md. Code, Public Utilities § 2-202
(a) With the advice and consent of the Senate, the Attorney General shall appoint the People’s Counsel.
(b) (1) The term of the People’s Counsel is 5 years and begins on July 1.
(2) At the end of a term, the People’s Counsel continues to serve until a successor is appointed and qualifies.
(3) A People’s Counsel who is appointed after a term has begun serves for the rest of the term and until a successor is appointed and qualifies.
(c) The People’s Counsel shall have been admitted to practice law in the State.
(d) Before taking office, the People’s Counsel shall take the oath required by Article I, § 9 of the Maryland Constitution.
(e) The People’s Counsel shall devote full time to the duties of office.
(f) The People’s Counsel is entitled to a salary of at least $35,000 a year as provided in the State budget.
(g) The Attorney General may remove the People’s Counsel for good cause shown after notice and an opportunity to be heard.
Md. Code, Public Utilities § 2-203
(a) (1) The State budget shall provide sufficient money for the Office of People’s Counsel to hire necessary staff in addition to the staff assistance that is provided under § 2–205(c)(2) of this subtitle.
(2) The Office of People’s Counsel shall hire at least one assistant people’s counsel who will focus on environmental issues.
(b) (1) Except as provided in paragraph (2) of this subsection or otherwise by law, all personnel of the Office of People’s Counsel are subject to the provisions of the State Personnel and Pensions Article.
(2) The following are in the executive service, management service, or are special appointments in the State Personnel Management System:
(i) the People’s Counsel;
(ii) the deputy People’s Counsel; and
(iii) attorneys that are in the management service or are special appointments.
(c) The compensation of the following personnel shall be determined by the People’s Counsel and, if possible, in accordance with the State pay plan:
(1) the deputy People’s Counsel;
(2) attorneys that are:
(i) in the management service; or
(ii) special appointments; and
(3) all positions in management, professional and technical classifications unique to the Office of People’s Counsel.
(d) (1) At least 45 days before the effective date of the change, the People’s Counsel shall submit to the Secretary of Budget and Management each change to salary plans that involves increases or decreases in salary ranges other than those associated with routine reclassifications and promotions or general salary increases approved by the General Assembly.
(2) Reportable changes include creation or abolition of classes, regrading the classes from one established range to another, changes in salary guidelines to administer the pay schedules, or creation of new pay schedules or ranges.
(3) The Secretary of Budget and Management shall:
(i) review the proposed changes; and
(ii) at least 15 days before the effective date of the proposed changes, advise the People’s Counsel whether the changes would have an adverse effect on comparable State jobs.
(4) Failure of the Secretary to respond in a timely manner is not considered a statement of adverse effect.
(e) On or before January 31 of each year, the People’s Counsel shall report to the Secretary of Budget and Management and, subject to § 2-1257 of the State Government Article, to the General Assembly setting forth all personnel positions, classifications, and salaries in the Office of People’s Counsel as of the end of the preceding calendar year.
(f) The Office of People’s Counsel may retain as necessary for a particular matter or hire experts in the field of:
(1) utility regulation, including cost of capital experts, rate design experts, accountants, economists, engineers, transportation specialists, and lawyers; and
(2) climate change, including meteorologists, oceanographers, ecologists, foresters, geologists, seismologists, botanists, and experts in any other field of science that the People’s Counsel determines is necessary.
Md. Code, Public Utilities § 2-204
(a) (1) (i) The Office of People’s Counsel shall evaluate each matter pending before the Commission to determine if the interests of residential and noncommercial users are affected.
(ii) In determining whether the interests of residential and noncommercial users are affected, the Office of People’s Counsel shall consider the public safety, economic welfare, and environmental interests of the State and its residents, including the State’s progress toward meeting its greenhouse gas emissions reductions goals.
(2) If the Office of People’s Counsel considers the interest of residential and noncommercial users to be affected, the Office of People’s Counsel shall appear before the Commission and courts on behalf of residential and noncommercial users in each matter or proceeding over which the Commission has original jurisdiction, including a proceeding on the rates, service, or practices of a public service company or on a violation of this division.
(3) As the Office of People’s Counsel considers necessary, the Office of People’s Counsel shall conduct investigations and request the Commission to initiate proceedings to protect the interests of residential and noncommercial users.
(b) The People’s Counsel shall administer and operate the Office of People’s Counsel.
Md. Code, Public Utilities § 2-205
(a) In appearances before the Commission and courts on behalf of residential and noncommercial users, the Office of People’s Counsel has the rights of counsel for a party to the proceeding, including those rights specified in § 3-107 of this article.
(b) The Office of People’s Counsel may appear before any federal or State unit to protect the interests of residential and noncommercial users.
(c) (1) Except as otherwise provided in this article and consistent with any applicable Freedom of Information Act, the Office of People’s Counsel shall have full access to the Commission’s records and shall have the benefit of all other facilities or information of the Commission.
(2) The Office of People’s Counsel is entitled to the assistance of the Commission’s staff, if the staff determines that the assistance is consistent with the staff’s responsibilities and if the staff and the Office of People’s Counsel agree that the assistance, in a particular matter, is consistent with their respective interests.
(d) If the Office of People’s Counsel considers that the legislation would affect the interests of residential and noncommercial users, the Office of People’s Counsel may recommend to the General Assembly legislation on any matter related to the Commission’s jurisdiction.
Md. Code, Public Utilities § 2-206
If the budget for the Office of People’s Counsel is insufficient to allow it to perform its duties, the Office of People’s Counsel may apply to the Board of Public Works for additional money from the General Emergency Fund.
Md. Code, Public Utilities § 2-301
In this subtitle, “relative” means an individual related by blood or marriage.
Md. Code, Public Utilities § 2-302
This subtitle applies to commissioners, the General Counsel, the People’s Counsel, officers and employees of the Office of People’s Counsel, and the officers and employees of the Commission.
Md. Code, Public Utilities § 2-303
(a) This section applies to each individual subject to § 2–302 of this subtitle and to:
(1) each spouse, dependent child, parent, brother, or sister of each commissioner, the People’s Counsel, the General Counsel, and each public utility law judge; and
(2) each spouse or dependent child of each other officer or employee of the Commission or Office of People’s Counsel.
(b) An individual subject to this section may not:
(1) hold an official relation to or connection with a public service company; or
(2) have a pecuniary interest in a public service company as the holder of stock or other securities or otherwise.
Md. Code, Public Utilities § 2-304
An individual subject to § 2-302 of this subtitle may not hold an office or position or engage in a business or avocation that is incompatible with the duties of office or service with the Commission or Office of People’s Counsel.
Md. Code, Public Utilities § 2-305
An individual subject to § 2-302 of this subtitle may not solicit, suggest, request, or recommend directly or indirectly to a public service company that a person be appointed to an office or place of employment.
Md. Code, Public Utilities § 2-306
(a) Until at least 2 years have passed after leaving service as a commissioner or the People’s Counsel, an individual may not:
(1) represent a public service company before the Commission;
(2) appear before the Commission on behalf of a party to a Commission proceeding; or
(3) appear before the Commission on a matter within the jurisdiction of the Commission.
(b) Until at least 1 year has passed after leaving service with the Commission as the General Counsel or a public utility law judge, an individual may not:
(1) represent a public service company before the Commission;
(2) appear before the Commission on behalf of a party to a Commission proceeding; or
(3) appear before the Commission on a matter within the jurisdiction of the Commission.
(c) Until at least 1 year has passed after leaving service with the Commission as a commissioner, an individual may not receive financial benefit that is not otherwise generally available to the public as a customer of a public service company from:
(1) a public service company that is subject to the jurisdiction of the Commission; or
(2) a person that directly or indirectly, or through one or more intermediaries, controls, is controlled by, or is under common control with a public service company that is subject to the jurisdiction of the Commission.
Md. Code, Public Utilities § 2-307
(a) This section applies to each individual subject to § 2–302 of this subtitle and to:
(1) each spouse, dependent child, parent, brother, or sister of each commissioner, the People’s Counsel, the General Counsel, and each public utility law judge; and
(2) each spouse or dependent child of each other officer or employee of the Commission or Office of People’s Counsel.
(b) (1) An individual subject to this section may not accept from a public service company or its officers, agents, or employees, a gift, gratuity, or special consideration.
(2) This subsection does not preclude an individual from accepting a gift from a relative.
Md. Code, Public Utilities § 2-308
(a) This section applies to each individual subject to § 2–302 of this subtitle and to:
(1) each spouse, dependent child, parent, brother, or sister of each commissioner, the People’s Counsel, the General Counsel, and each public utility law judge; and
(2) each spouse or dependent child of each other officer or employee of the Commission or Office of People’s Counsel.
(b) (1) A public service company or its officer, agent, or employee may not offer a gift, gratuity, or special consideration to an individual subject to this section.
(2) This section does not preclude an individual from offering a gift to a relative.
Md. Code, Public Utilities § 2-309
Except as directed by the Commission or a court or as authorized by law, an individual subject to § 2-302 of this subtitle may not divulge information learned while inspecting the plant or examining the records of a public service company.
Md. Code, Public Utilities § 2-310
An individual subject to § 2–302 of this subtitle may not violate this division.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://mgaleg.maryland.gov/mgawebsite/Laws/StatutesFetched: 10/16/2026