Md. Code Regs. 20.59.05.06

Current through Register Vol. 51, No. 12, June 14, 2024

Section 20.59.05.06 - Supplier Changing a Customer's Billing Method

A. A supplier may change a customer's billing method to or from supplier-consolidated billing in the following circumstances:

(1) The customer's contract permits the supplier to impose on the customer a change in billing method;

(2) The customer's contract does not specify whether the supplier may impose on the customer a change in billing method; or

(3) The customer's contract permits the supplier to impose on the customer a change in billing method during an assignment or transfer of contract as described under COMAR 20.59.07.12E.

B. A supplier shall provide the customer no less than two written notices regarding a change in billing method:

(1) A notice by mail 60 days before the date of the first bill using a new billing method; and

(2) A notice by mail or email 30 days before the date of the first bill using a new billing method.

C. Notices required by §B of this regulation shall be identified as follows:

(1) A notice sent by mail shall be sent in an envelope clearly marked with a message stating that it contains important information regarding changes to the customer's energy bill; and

(2) A notice sent by email shall be identified in the subject line as a notice stating it contains important information regarding changes to the customer's energy bill.

D. A supplier's notices to change a customer's billing method as required by §B of this regulation shall inform the customer, at a minimum, of the following options which a customer may choose to:

(1) Change the customer's current billing method to the one proposed by the supplier;

(2) Refuse the change in billing method and remain with the supplier if the supplier will continue the customer's contract under the current billing method;

(3) Elect sales service; or

(4) Switch to another supplier.

E. A supplier shall provide all notices given under §B of this regulation with the following provisions:

(1) A statement advising the customer of the billing change which informs the customer of the manner in which to exercise the customer's options required by §D of this regulation;

(2) The telephone number and Internet address for the Commission;

(3) The Internet address for the Maryland supplier choice website;

(4) The date on or after which the supplier will effectuate the change in billing method;

(5) A notice that the customer will not be subject to any fees or penalties for declining to accept the change in billing method unless allowed by §J(3) of this regulation;

(6) The expiration date of the customer's contract;

(7) A statement that the customer's previous bill provider may still bill the customer for unpaid charges; and

(8) A statement indicating that terms and conditions of the customer's contract with the supplier remain unchanged.

F. The supplier shall provide the customer the Customer Rights Pamphlet described in COMAR 20.59.08.08 with the 60-day notice required by §B(1) of this regulation.

G. If the customer will start to receive bills under supplier-consolidated billing, then, in addition to the notice requirements in §E of this regulation, the notices shall include:

(1) An explanation that the customer will receive one bill from the supplier that will include both utility and supplier charges;

(2) A statement of each payment method a customer may use to pay the supplier;

(3) Any information necessary for the customer to submit payment to the supplier; and

(4) A statement that the utility shall be contacted for issues relating to outages and emergencies.

H. If the customer will start to receive bills from the utility in addition to the notice requirements in §E of this regulation, the notice shall include a statement that the customer will receive bills from the utility.

I. Customer's Response to Supplier Notices.

(1) The supplier shall effectuate the change in billing method consistent with the provisions of the notices required by §B of this regulation if the customer does not exercise one of the options in §D of this regulation, if permitted by a customer's contract in §A(1) or (3) of this regulation.

(2) Except as provided in §I(3) of this regulation a supplier may not effectuate the change in billing method for a customer under a contract which is silent as described in §A(2) of this regulation if the customer does not affirmatively exercise one of the options in §D of this regulation.

(3) A supplier shall drop the customer if the supplier will not continue the customer's contract under the current billing method and an alternative agreement is not established between the customer and supplier by the prescribed date in §E(4) of this regulation.

J. Imposition of fees or penalties.

(1) A supplier may not impose a fee or penalty on a customer who exercises one of the options in §D of this regulation before a supplier changes a customer billing method.

(2) A supplier may not impose any fees or penalties on a customer if a customer's billing method is changed as allowed in §A(2) of this regulation when a customer exercises one of the options in §D of this regulation.

(3) A supplier may not impose any fees or penalties on a customer if a customer's billing method is changed as allowed in §A(1) or (3) of this regulation if a customer exercises one of the options in §D of this regulation during the first two billing cycles after a customer's billing method is changed.

Md. Code Regs. 20.59.05.06

Regulations .06 amended effective 49:5 Md. R.367, eff. 3/7/2022