1. A. All energy storage devices that are not owned by an electric company seeking to enroll in a procurement mechanism or deployment incentive mechanism shall submit an application form with an administrator prior to beginning construction.

2. B. All non-electric company front-of-the meter energy storage device applications to enroll in a deployment incentive mechanism or procurement mechanism shall include an attestation that:

   1. (1) The energy storage device meets the definition of an “energy storage device” in the Public Utilities Article, §7-216, Annotated Code of Maryland.
   2. (2) The energy storage device is not a pre-existing energy storage device.

   3. (3) 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.

      1. (a) If an energy storage device does not have capacity ratings in kilowatts and energy ratings in kilowatt-hours supplied by a manufacturer, the applicant shall provide these ratings in kilowatts and kilowatt-hours in a document describing the calculation methodology and showing the rating calculations.
      2. (b) These capacity and energy rating calculations shall be certified by a professional engineer licensed in Maryland.
   4. (4) The applicant shall make reasonable efforts to meet a specific in-service date.
   5. (5) The energy storage device shall have a position in either the PJM new services queue or have filed an interconnection request with the electric company.
3. C. An administrator shall deny any application for enrollment if the conditions in §B of this regulation, as applicable, are not met and shall provide the applicant an explanation for the denial to aid the applicant in curing and resubmitting the application.
4. D. An administrator shall make a proposal when seeking Commission approval of an initiative for project maturity requirements to avoid speculative projects entering into enrollment.
5. E. The registration date is the in-service date stated on a certificate of completion tendered by the administrator.

6. F. Should an applicant for a deployment incentive mechanism initiative 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the certificate of completion, an administrator shall provide notification to an applicant that its enrollment will be withdrawn unless a request for extension is submitted to the administrator.

   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 an administrator’s decision regarding an extension to the Commission by filing an appeal with the Commission's Executive Secretary.
7. G. Should an applicant for a procurement mechanism initiative or a grid services mechanism initiative fail to meet the expected in-service date the terms and conditions of the executed contract apply.
8. H. Non-electric company-owned front-of-the meter energy storage devices enrolling in an initiative shall be subject to the stakeholder engagement and participation requirements for all front-of-the-meter energy storage devices in Regulation .09 of this chapter and shall be subject to the safety, siting, and environmental requirements for front-of-the-meter energy storage devices in Regulation .10 of this chapter and the Department of Natural Resources Power Plant Research Program review and recommendations in Regulation .11 of this chapter, except to the extent exempted under Regulation .08G of this chapter.
9. I. Non-electric company owned front-of-the meter energy storage devices shall be subject to Commission approvals in Regulation .12 of this chapter, except to the extent exempted under Regulation .08G of this chapter.

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)