Md. Code Regs. 20.53.05.12

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

Section 20.53.05.12 - Nonpayment by Customer Receiving a Supplier-Consolidated Bill

A. If a customer has not paid the supplier's consolidated bill or otherwise has breached the supply contract:

(1) The supplier may return the nonpaying customer to the utility pursuant to COMAR 20.53.06.06 or COMAR 20.53.07.10; and

(2) The supplier shall conduct reasonable collection efforts for unpaid amounts if the supplier intends to seek repurchase of the regulated electric utility charges from the utility.

B. Collection Notices.

(1) A supplier that provides two collection notices shall have complied with the reasonable collection efforts required by §A(2) of this regulation.

(2) A supplier may include a collection notice with its final bill to the customer.

(3) A collection notice shall be sent to the customer 15 days before the supplier submits regulated electric utility charges to the utility for repurchase.

(4) If a notice was not sent with the final bill in accordance with §B(2) of this regulation, a collection notice must be sent prior to sending the collection notice required in §B(3) of this regulation.

C. A supplier shall prominently display the following information in the notices required to be sent in §B of this regulation:

(1) The total amount due;

(2) A statement that regulated utility charges will be returned to the utility due to nonpayment on a specific date;

(3) The date by which the payment was due to the supplier;

(4) The date on or after which the supplier will return the regulated utility charges to the utility if payment is not received; and

(5) The telephone number at which the supplier representatives who handle payment arrangements, payment plans, and customer complaints may be reached.

D. Purchase of Arrears and Limitations.

(1) After the supplier has conducted reasonable collection efforts as required by §A(3) of this regulation, the utility shall purchase arrearages attributable to the utility submitted by the supplier.

(2) A utility shall purchase arrearages attributable to the utility no more than:

(a) 110 days after the utility sent an invoice with the charges to the supplier for residential customers; and

(b) 105 days after the utility sent an invoice with the charges to the supplier for nonresidential customers.

(3) A supplier may sell a utility arrearage to the utility if the customer remains with the supplier after a change in billing method.

E. A supplier shall provide the following to a utility when submitting unpaid charges to the utility:

(1) The amount of unpaid regulated electric utility charges; and

(2) The supplier's electronic submission to the utility of a customer's unpaid regulated electric utility charges, which shall constitute the supplier's certification that the customer has not paid the charges pursuant to the payment posting hierarchy in Regulation .11 of this chapter.

F. Records of Purchased Unpaid Charges.

(1) The utility shall maintain records of a utility's repurchase of unpaid regulated electric utility charges for a minimum of 3 years from the date the supplier receives the utility's payment, and the utility shall make the records available to the supplier upon request.

(2) The supplier shall maintain, for a minimum of 3 years from the date the supplier receives the utility's payment, records of unpaid regulated electric utility charges sold to the utility.

(3) A supplier shall include in the records:

(a) The customer's payment history; and

(b) The appropriate application of the customer's funds pursuant to Regulation .11 of this chapter.

(4) The supplier shall make the records available to the Commission and the utility upon request.

G. A supplier shall report to the utility, every 2 weeks, the unpaid regulated electric utility charges.

Md. Code Regs. 20.53.05.12

Regulation .12 adopted effective 49:5 Md. R.367, eff. 3/7/2022