- A. Following review of the statement of financial integrity provided by the applicant under Regulation .02B(4) of this chapter, the Commission may require a bond, letter of guarantee, or other financial instrument from the applicant, applicant's parent, or other responsible person.
- B. The amount of a bond, letter of guarantee, or other financial instrument required under §A of this regulation shall be established by the Commission and be based on an applicant's financial information.
C. Bonding; Financial Guarantees.
- (1) A supplier seeking to be licensed to provide supplier-consolidated billing shall provide and maintain bonding or financial guarantees with the Commission in the amount of $500,000.
- (2) The total financial guarantee required under this regulation may include the bond or other form of financial guarantee submitted as proof of financial integrity under §A of this regulation.
- (3) A supplier seeking to be licensed to provide supplier-consolidated billing services or providing supplier-consolidated billing services may petition the Commission to lower the total bonding or financial guarantee requirement of $500,000.
D. Any bond required under §A or C of this regulation shall at a minimum:
- (1) Identify the Maryland Public Service Commission as the sole beneficiary;
- (2) Be continuous and subject to cancellation only after 60 days notice to the Commission;
- (3) Contain the following language or similar language acceptable to the Commission: “Payment under this bond shall be due in the event the Commission determines that the (gas supplier name) is financially insolvent or unable to meet its obligations as a licensed gas supplier in Maryland”; and
- (4) Permit the Commission to direct that the proceeds of the bond be paid or disbursed.
- E. Any bond required under §A or C of this regulation shall be obtained from a company licensed in the State to write surety types of insurance.
- F. In the event a letter of guarantee or other financial instrument is required under §A or C of this regulation, the guarantor shall submit a balance sheet and income statement to the Commission.
Authority: Public Utilities Article, §§2-113, 2-121, 4-308, 5-101, 7-507, 7-511, and 7-601—7-606, Annotated Code of Maryland
Effective date: August 18, 2003 (30:16 Md. R. 1076)
Regulation .01 amended effective March 7, 2022 (49:5 Md. R. 367)
Regulation .02B amended effective March 7, 2022 (49:5 Md. R. 367)
Regulation .02C, D adopted effective March 7, 2022 (49:5 Md. R. 367)
Regulation .03A amended effective July 10, 2023 (50:13 Md. R. 513)
Regulation .07 amended effective March 7, 2022 (49:5 Md. R. 367)
Regulation .08 amended effective March 7, 2022 (49:5 Md. R. 367)
Regulation .10 adopted effective July 10, 2023 (50:13 Md. R. 513)