1. A. Beginning January 1, 2025, an electricity supplier that supplies electricity to residential retail electric customers may not market electricity as green power unless the electricity supplier obtains approval from the Commission.

2. B. To obtain approval from the Commission to market electricity as green power, an electricity supplier shall submit an application on a form provided by the Commission that shall include at least the following information:

   1. (1) Identity of the applicant, including the following:

      1. (a) The applicant’s full business entity name as licensed by the Commission; and
      2. (b) The applicant’s Commission-issued supplier license number;
   2. (2) Service territories applied for;
   3. (3) Description of the price a customer will pay, as it will appear on the customer contract;
   4. (4) A description of the electricity being marketed as green power, including the green power source and percentage of electricity that is green power;
   5. (5) A description of how the green power complies with State law and regulations;
   6. (6) A list of the marketing methods the applicant plans to use (e.g., magazine, newspaper, mail, web advertising, TV, radio, etc.);
   7. (7) To the extent available, sample marketing materials for each of the marketing methods the applicant plans to use, and if not available at the time of the application, the supplier shall provide such green marketing materials to the Commission and the Maryland Office of People’s Counsel before commencing selling green power in the state; and
   8. (8) Any other information the Commission considers necessary.

3. C. Beginning January 1, 2025, an electricity supplier that supplies electricity to residential retail electric customers may not market electricity as green power unless the Commission approves the price of the electricity being marketed as green power:

   1. (1) At an annual proceeding, or
   2. (2) On request by an electricity supplier, at a specific proceeding for that electricity supplier.
4. D. An electricity supplier’s application filed under §B of this regulation that seeks to offer a green power price that exceeds the price approved by the Commission in accordance with §C(1) of this regulation or, if the Commission has not established a price in accordance with §C(1) of this regulation, 100 percent of the trailing 12-month average of the electric company’s standard offer service rate pursuant to Public Utilities Article, §7-510(d)(2)(i), Annotated Code of Maryland, shall include in its application information consistent with the information identified in Public Utilities Article, §7-707(d)(3), Annotated Code of Maryland.

5. E. A supplier, after filing an application with the Commission as described in §D of this regulation, shall:

   1. (1) Respond to requests made by the Commission’s Technical Staff, Maryland Office of People’s Counsel, and other parties to which the Commission has granted discovery rights;
   2. (2) Make reasonable efforts to respond within 10 business days to information requests, including data requests, sent to the supplier regarding the supplier’s application, unless the Commission imposes a different deadline; and
   3. (3) Serve objections to discovery requests within 3 business days, unless otherwise directed by the Commission.
6. F. A renewable energy credit used to comply with this section shall comply with COMAR 20.61.03.01(A).

Authority: Public Utilities Article, §§2-113, 2-121, 4-308, 5-101, 7-505, 7-507, 7-511, 7-603, and 7-707, Annotated Code of Maryland

Effective date: June 20, 2008 (35:11 Md. R. 1043)

Regulation .02A amended effective July 10, 2023 (50:13 Md. R. 513)

Regulation .05 amended effective March 14, 2016 (43:5 Md. R. 386); July 10, 2023 (50:13 Md. R. 513)

Regulation .05C amended effective March 7, 2022 (49:5 Md. R. 367)

Regulation .06A amended effective March 7, 2022 (49:5 Md. R. 367)

Regulation .06C adopted effective March 7, 2022 (49:5 Md. R. 367)

Regulation .07A, B amended effective July 10, 2023 (50:13 Md. R. 513)

Regulation .07B, C amended effective March 14, 2016 (43:5 Md. R. 386)

Regulation .07B amended effective May 26, 2025 (52:10 Md. R. 438); November 10, 2025 (52:22 Md. R. 1096)

Regulation .07C amended effective March 11, 2019 (46:5 Md. R. 309); March 7, 2022 (49:5 Md. R. 367)

Regulation .08 amended effective March 14, 2016 (43:5 Md. R. 386)

Regulation .08A, D amended effective March 7, 2022 (49:5 Md. R. 367); July 10, 2023 (50:13 Md. R. 513)

Regulation .09 amended effective March 7, 2022 (49:5 Md. R. 367)

Regulation .09A amended effective March 14, 2016 (43:5 Md. R. 386)

Regulation .10A amended effective March 14, 2016 (43:5 Md. R. 386); March 7, 2022 (49:5 Md. R. 367)

Regulation .10 A, C amended effective July 10, 2023 (50:13 Md. R. 513)

Regulation .10C amended effective April 6, 2009 (36:7 Md. R. 527)

Regulation .10D—F adopted effective March 7, 2022 (49:5 Md. R. 367)

Regulation .10G adopted effective July 10, 2023 (50:13 Md. R. 513)

Regulation .11 amended effective March 14, 2016 (43:5 Md. R. 386)

Regulation .12 adopted effective March 14, 2016 (43:5 Md. R. 386)

Regulation .12D, E adopted effective March 7, 2022 (49:5 Md. R. 367)

Regulation .12F adopted effective July 10, 2023 (50:13 Md. R. 513)

Regulation .13 adopted effective March 14, 2016 (43:5 Md. R. 386)

Regulation .13E adopted effective July 10, 2023 (50:13 Md. R. 513)

Regulation .14 adopted effective July 10, 2023 (50:13 Md. R. 513)

Regulation .15 adopted effective May 26, 2025 (52:10 Md. R. 438)