1. A. A front-of-the-meter energy storage device applicant or registrant or an electric utility proposing a front-of-the-meter energy storage device may request from the Commission, a waiver or to be exempted from a requirement of this chapter that is not applicable to its energy storage device.

2. B. All waiver requests shall state whether the energy storage device is currently:

   1. (1) Operational, including the in-service date;
   2. (2) Under construction, including the projected in-service date; or
   3. (3) Proposed, including the expected construction start date and projected in-service date.
3. C. All waiver requests shall describe the energy storage device’s technical and operational characteristics and explain why those characteristics, or other factors, make a requirement of the regulation inapplicable or would result in undue hardship.
4. D. All waiver requests shall be served on the electric company with jurisdiction over the electric system to which the energy storage device seeks to enroll or register in an initiative or submits an application for Commission Energy Storage Construction Approvals and Waivers for energy storage devices not seeking to enroll in an initiative.
5. E. For waiver requests for front-of-the-meter energy storage devices equal to or greater than 20 megawatt-hours per parcel, the waiver request shall be subject to state agency review pursuant to Regulation .11C of this chapter.
6. F. For waiver requests for front-of-the-meter energy storage devices under 20 megawatt-hours per parcel, the Commission shall either approve, approve with modifications, or deny the waiver request after notice and an opportunity for public comment. The Commission may set a date for consideration of the waiver request at a hearing in the Commission’s Administrative Docket.
7. G. An energy storage device that is approved in a Certificate of Public Convenience and Necessity (CPCN) proceeding conducted pursuant to Public Utilities Article, §7-207, Annotated Code of Maryland shall be enrolled by an administrator in the Maryland Energy Storage Program upon Commission approval of the CPCN and shall be registered by the Maryland Energy Storage Program Manager upon being placed in-service. The energy storage device is otherwise exempt from the engagement, safety, environmental, and siting regulations in Regulations .09, .10, .11 and .12 of this chapter that are replicated in the CPCN review process.
8. H. A waiver request may cover multiple energy storage devices provided that all applicable sections of this regulation are followed.

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)