1. A. All applicants seeking to enroll an energy storage device in an initiative offering a behind-the-meter mechanism shall submit an application to an administrator prior to the beginning of construction, except for pre-existing energy storage devices seeking to enroll in a grid services mechanism, which may submit an application before or after construction.

2. B. An application seeking to enroll in a behind-the-meter mechanism shall include an attestation by the applicant that:

   1. (1) The energy storage device shall meet the definition of an “energy storage device” in the Public Utilities Article, §7-216, Annotated Code of Maryland.
   2. (2) At the time of enrollment, the energy storage device’s planned electrical capacity in kilowatts and energy in kilowatt-hours that can be delivered to the grid or offset grid demand.
   3. (3) The energy storage device shall meet NFPA 855 standards, if applicable, in addition to any other applicable federal and State requirements and local codes and standards.
   4. (4) The energy storage device applicant shall meet a specified in-service date.
3. C. An administrator shall deny any application for enrollment in a mechanism if the conditions in §B of this regulation, as applicable, are not met and shall provide the applicant an explanation for denial to aid the applicant in curing and resubmitting the application.
4. D. The enrollment date shall be the date the administrator notifies the applicant that its application is approved.
5. E. The date of registration in the Maryland Energy Storage Program is the in-service date, as noted in a certificate of completion to be tendered by the Program Administrator. Pre-existing energy storage devices are registered as required in Regulation .04(B) of this chapter.

6. F. Should an applicant not meet the expected in-service date within 60 days of the certificate of completion, an administrator shall provide notification to an applicant that its enrollment will be withdrawn unless a request for extension is submitted to the administrator within 30 days and a notice is submitted to the electric company with a new projected in-service date.

   1. (1) An administrator may approve an extension request for good cause or otherwise deny the request if good cause is not provided.
   2. (2) An applicant may appeal to the Commission an administrator’s decision regarding an extension by filing an appeal with the Commission's Executive Secretary.

Authority: Public Utilities Article, §§1-101, 2-113, 2-121, 7-207, 7-216, 7-216.1, 7-219, 7–1001, and 7-1005, Annotated Code of Maryland

Effective date: March 30, 2026 (52:6 Md. R. 292)