1. A. Electric Company Application Process.

   1. (1) An electric company shall process applications filed under Regulation .03 of this chapter in the order in which the electric company receives the application.
   2. (2) Within 5 business days of receipt, the electric company shall acknowledge receipt of the application and notify the subscriber organization whether the application is complete.
   3. (3) If the application is incomplete, the electric company shall provide a written list detailing all information that must be provided to complete the application.
   4. (4) A subscriber organization receiving notice of an incomplete application as described in §A(3) of this regulation shall revise and submit the required information within 10 business days after receipt of the list of incomplete information.
   5. (5) The electric company shall notify a subscriber organization within 5 business days of receipt of a revised application whether the application is complete or incomplete.
   6. (6) An electric company shall grant an extension of time to provide such information upon reasonable request from the subscriber organization.
   7. (7) The electric company shall reject an application that is not submitted in accordance with this section.

2. B. Queue Order.

   1. (1) An electric company shall maintain a program queue consisting of a list of project applications in order of the date of receipt by the electric company of the application unless otherwise modified by §B(2) of this regulation.
   2. (2) An electric company shall file with the Commission a tariffed procedure to prioritize multiple applications that are received on a single business day.

   3. (3) An electric company shall deem a CSEGS application complete upon provision by the subscriber organization of the following:

      1. (a) A partially executed interconnection agreement;
      2. (b) Proof of site control; and

      3. (c) One of the following:

         1. (i) For a community solar energy generating system with a generating capacity of 2MWac or less, proof of application for a required permit or a preliminary step required prior to applying for a required permit; or
         2. (ii) For a community solar energy generating system with a generating capacity larger than 2MWac, a completeness determination issued by the Commission or a Public Utility Law Judge in response to an application for a certificate of public convenience and necessity requesting authorization to construct the community solar energy generating system.

   4. (4) An electric company shall accept the following as proof of site control:

      1. (a) Evidence of property ownership;
      2. (b) An executed lease agreement; or
      3. (c) A signed option to purchase or lease.

   5. (5) The Commission may establish additional conditions limiting the number of projects for which any single subscriber organization or its affiliates may apply in:

      1. (a) The Statewide program; or
      2. (b) A single utility service territory.

3. C. Operational Deadline.

   1. (1) If a project fails to begin operating within 24 months of the determination by the electric company that the subscriber organization has provided the information required under §B(3) of this regulation, the electric company shall remove the project from the electric company’s program queue unless the subscriber organization of the project provides to the electric company an additional deposit of $50 per kW to maintain its position within the program queue.
   2. (2) If a project fails to begin operating within 36 months of the electric company’s determination that the application is complete under §B(3) of this regulation, the electric company shall remove the project from the electric company’s program queue.

   3. (3) The electric company shall extend the operational deadline on a day-for-day basis for the following reasons:

      1. (a) If the subscriber organization attests and provides evidence to the electric company that a project’s readiness to begin operating depends only upon receipt of permission to operate from the electric company; or
      2. (b) If the subscriber organization attests and provides evidence to the electric company that a governmental permit or approval for the project was subject to a legal challenge or moratorium during the reservation period, and the legal challenge remains pending, or the moratorium remains in effect.
   4. (4) An electric company shall return the CSEGS deposit upon commencement of operation unless the electric company has removed the project from the queue.
   5. (5) If a project has been removed from the queue by the electric company, the queue deposit shall be forfeited.
   6. (6) An electric company shall forward forfeited queue deposits to the Commission.

4. D. Project Website Information. An electric company shall provide a list of information on its website about the current status of its program queue, including the following information:

   1. (1) Name of the subscriber organization;
   2. (2) Service address of the project;
   3. (3) Proposed capacity of the project;
   4. (4) Application date;
   5. (5) Status of application (accepted, withdrawn, or removed) and date such action occurred;
   6. (6) Interconnection application status;
   7. (7) Expected date of first operation;
   8. (8) Operation deadline under §C of this regulation;
   9. (9) Project identification number;
   10. (10) CSEGS identification number; and
   11. (11) Project status (reserved, in-service, or withdrawn).
5. E. Except as provided in §F of this regulation, an electric company shall update the list under §D of this regulation no less than once per week.
6. F. An electric company is not required to update the list under §D of this regulation if there was no change to the information on the list in the immediately preceding week.
7. G. An electric company that operates as a subscriber organization shall apply to the Commission for permission to enter each of its own projects into the electric company’s program queue.

Authority: Public Utilities Article, §§2-113, 2-121, 7-306, 7-306.1, and 7-306.2, Annotated Code of Maryland

Effective date: July 18, 2016 (43:14 Md. R. 781)

Regulation .02 amended effective March 21, 2022 (49:6 Md. R. 406)

Regulation .02A, D amended effective March 3, 2025 (52:4 Md. R. 221)

Regulation .03 amended effective March 3, 2025 (52:4 Md. R. 221)

Regulation .03D amended effective March 21, 2022 (49:6 Md. R. 406)

Regulation .04 amended effective March 3, 2025 (52:4 Md. R. 221); March 3, 2025 (52:4 Md. R. 221)

Regulation .04C amended effective June 15, 2020 (47:12 Md. R. 597)

Regulation .04D amended effective March 21, 2022 (49:6 Md. R. 406)

Regulation .05 amended effective March 21, 2022 (49:6 Md. R. 406); March 3, 2025 (52:4 Md. R. 221)

Regulation .06B amended effective March 3, 2025 (52:4 Md. R. 221)

Regulation .07 amended effective March 3, 2025 (52:4 Md. R. 221)

Regulation .08 amended effective March 3, 2025 (52:4 Md. R. 221)

Regulation .08A amended effective June 15, 2020 (47:12 Md. R. 597)

Regulation .08B amended effective March 21, 2022 (49:6 Md. R. 406)

Regulation .08D, E adopted effective March 21, 2022 (49:6 Md. R. 406)

Regulation .09 adopted effective March 21, 2022 (49:6 Md. R. 406)

Regulation .09D amended effective March 3, 2025 (52:4 Md. R. 221)