Maryland Code § PU-1-101

Section PU-1-101
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(a) In this division the following words have the meanings indicated.
(b) (1) "Aggregator" means an entity or an individual that acts on behalf
of a customer to purchase electricity or gas.
(2) "Aggregator" does not include:
(i) an entity or individual that purchases electricity or gas
only for its own use or for the use of its subsidiaries or affiliates;
(ii) a municipal electric utility or a municipal gas utility
serving only in its distribution territory; or
(iii) a combination of governmental units that purchases
electricity or gas for use by the governmental units.
(c) "Broker" means an entity or individual that acts as an agent or
intermediary in the sale and purchase of electricity or gas but does not take title to
electricity or gas.
(d) "Commission" means the Public Service Commission.
(e) (1) "Common carrier" means a person, public authority, or federal,
State, district, or municipal transportation unit that is engaged in the public
transportation of persons for hire, by land, water, air, or any combination of them.
(2) "Common carrier" includes:
(i) an airline company;
(ii) a car company, motor vehicle company, automobile
company, or motor bus company;
(iii) a power boat company, vessel-boat company, steamboat
company, or ferry company;
(iv) a railroad company, street railroad company, or sleeping
car company;
(v) a taxicab company;

(vi) a toll bridge company;
(vii) a transit company; and
(viii) a transportation network company.
(3) "Common carrier" does not include:
(i) a county revenue authority;
(ii) a toll bridge or other facility owned and operated by a
county revenue authority;
(iii) a vanpool or launch service; or
(iv) a for-hire water carrier, as defined in § 8-744 of the
Natural Resources Article.
(f) "Community choice aggregator" means a county that serves as an
electric aggregator for the purpose of negotiating the purchase of electric generation
services from an electricity supplier licensed by the Commission or from an electric
generating or storage facility, or providing electricity from an electric generating
facility owned by the aggregator for residential electric customers, which include
master-metered multiple occupancy residences and small commercial electric
customers, as defined in § 7-510.3 of this article, that:
(1) are located within the county, including customers located within
municipal corporations located in the county;
(2) have not:
(i) selected an electricity supplier other than the standard
offer service supplier; or
(ii) refused to participate in the aggregation activities of the
county; and
(3) are not located in the service territory of:
(i) a municipal electric utility; or
(ii) an electric cooperative.

(g) "Company", as a designation for a type of enterprise, includes a person
that owns a company individually or as an agent, trustee, or receiver of a company.
(h) "County" means a county of the State or Baltimore City.
(h-1) (1) "Critical infrastructure" means assets, systems, and networks,
whether physical or virtual, considered by the U.S. Department of Homeland Security
to be so vital to the United States that their incapacitation or destruction would have
a debilitating effect on one or more of the following:
(i) security;
(ii) national economic security;
(iii) national public health; or
(iv) safety.
(2) "Critical infrastructure" includes:
(i) a hospital or health care facility; and
(ii) a data center as defined in § 11-239 of the Tax - General
Article.
(h-2) "Cybersecurity" has the meaning stated in § 3.5-301 of the State
Finance and Procurement Article.
(i) (1) "Electric company" means a person who physically transmits or
distributes electricity in the State to a retail electric customer.
(2) "Electric company" does not include:
(i) the following persons who supply electricity and electricity
supply services solely to occupants of a building for use by the occupants:
1. an owner/operator who holds ownership in and
manages the internal distribution system serving the building; or
2. a lessee/operator who holds a leasehold interest in
and manages the internal distribution system serving the building;
(ii) any person who generates on-site generated electricity;

(iii) a person who transmits or distributes electricity within a
site owned by the person or the person's affiliate that is incidental to a primarily
landlord-tenant relationship; or
(iv) a person who provides electricity to a commercial or
industrial customer in accordance with § 7-506.1 of this article.
(j) "Electric plant" means the material, equipment, and property owned by
an electric company and used or to be used for or in connection with electric service.
(k) "Electric storage facility" means a facility used to store:
(1) electrical energy; or
(2) mechanical, chemical, or thermal energy that was previously
electrical energy:
(i) for use as electrical energy at a later time; or
(ii) in a process that offsets electricity use during peak
demand.
(l) (1) "Electricity supplier" means a person:
(i) who sells:
1. electricity;
2. electricity supply services;
3. competitive billing services; or
4. competitive metering services; or
(ii) who purchases, brokers, arranges, or markets electricity or
electricity supply services for sale to a retail electric customer.
(2) "Electricity supplier" includes an electric company, an
aggregator, a broker, a marketer of electricity, and a person who provides electricity
to a commercial or industrial customer in accordance with § 7-506.1 of this article.
(3) "Electricity supplier" does not include:

(i) the following persons who supply electricity and electricity
supply services solely to occupants of a building for use by the occupants:
1. an owner/operator who holds ownership in and
manages the internal distribution system serving the building; or
2. a lessee/operator who holds a leasehold interest in
and manages the internal distribution system serving the building;
(ii) a person who generates on-site generated electricity; or
(iii) a person that owns or operates equipment used for
charging electric vehicles, including a person that owns or operates:
1. an electric vehicle charging station;
2. electric vehicle supply equipment; or
3. an electric vehicle charging station service company
or provider.
(l-1) (1) "Energy salesperson" means an individual who is licensed by the
Commission to sell:
(i) electricity or electricity supply services to residential retail
electric customers on behalf of an electricity supplier as an employee or agent of the
electricity supplier; or
(ii) gas or gas supply services to residential retail gas
customers on behalf of a gas supplier as an employee or agent of the gas supplier.
(2) "Energy salesperson" does not include:
(i) the Department of General Services when the Department
of General Services sells energy under § 7-704.4 of this article;
(ii) the Washington Suburban Sanitary Commission when the
Washington Suburban Sanitary Commission sells energy under Division II of this
article;
(iii) a community choice aggregator under § 7-510.3 of this
article; or

(iv) an employee or contractor of an electric company when the
employee or contractor is performing duties specific to standard offer service.
(l-2) "Energy vendor" means a person that has a contract or subcontract to
provide energy sales services to an electricity supplier or a gas supplier that provides
electricity supply services or gas supply services, respectively, to a residential
customer.
(m) (1) "Gas company" means a public service company that:
(i) is authorized to install or maintain facilities in, over, or
under streets for furnishing or distributing gas; or
(ii) owns a gas plant and:
1. transmits, sells, supplies, or distributes artificial or
natural gas; or
2. manufactures gas for distribution or sale.
(2) "Gas company" includes a municipal corporation that is in the
business of supplying gas for other than municipal purposes.
(n) "Gas master meter operator" means a person that owns or operates a
pipeline system, other than piping within a building:
(1) that distributes gas within, but not limited to, a definable area,
such as a mobile home park, housing project, or apartment complex;
(2) for which the person purchases metered, artificial, or natural gas
from an outside source for resale through the pipeline system; and
(3) that supplies the ultimate consumer, who purchases the gas
directly through a meter or by other means, such as by rent.
(o) "Gas plant" means the material, equipment, and property owned by a
gas company and used or to be used for or in connection with gas service.
(p) (1) "Gas supplier" means a person who:
(i) sells:
1. gas;

2. gas supply services; or
3. competitive billing services for gas supply services;
or
(ii) purchases, brokers, arranges, or markets gas or gas supply
services for sale to a retail gas customer.
(2) "Gas supplier" includes an aggregator, a broker, and a marketer
of gas.
(3) "Gas supplier" does not include:
(i) a gas company to the extent that the gas company provides
gas sales or delivery service at rates regulated by the Commission;
(ii) the following persons who supply gas solely to occupants of
a building for use by the occupants:
1. an owner/operator who holds ownership in and
manages the internal distribution system serving the building; and
2. a lessee/operator who holds a leasehold interest in
and manages the internal distribution system serving the building; or
(iii) a person who transmits or distributes gas within a site
owned by the person or the person's affiliate that is incidental to a primarily
landlord-tenant relationship.
(p-1) "Investor-owned electric company" means an electric company that is
not a municipal electric utility or an electric cooperative.
(q) "Launch service" means a power boat company that transports
passengers or freight between the shore and vessels on a body of water in the State.
(r) "Liquid-immersed distribution transformer" means a transformer that:
(1) has an input voltage of 34,500 volts or less;
(2) has an output voltage of 600 volts or less;
(3) uses oil or other liquid as a coolant; and
(4) is rated for operation at a frequency of 60 hertz.

(s) "Marketer" means a person who purchases and takes title to electricity
or gas as an intermediary for sale to a customer.
(t) "Municipal electric utility" means a municipal corporation, or a division
of a municipal corporation, that is in the business of transmitting or distributing
electricity for purposes other than end use by the municipal corporation.
(u) "On-site generated electricity" means electricity that:
(1) is not transmitted or distributed over an electric company's
transmission or distribution system; or
(2) is generated at a facility owned or operated by an electric
customer or operated by a designee of the owner who, with the other tenants of the
facility, consumes at least 80% of the power generated by the facility each year.
(v) "Own" includes own, operate, lease to or from, manage, or control.
(w) "Person" means an individual, receiver, trustee, guardian, personal
representative, fiduciary, or representative of any kind and any partnership, firm,
association, corporation, or other entity.
(w-1) "PJM Interconnection", "PJM Interconnection, LLC", or "PJM" means
PJM Interconnection, LLC or any successor organization that services the PJM
region.
(w-2) "PJM region" means the control area administered by PJM
Interconnection, as the area may change from time to time.
(x) "Plant" includes all material, equipment, and property owned by a
public service company and used or to be used for or in connection with a public utility
service.
(y) "Proceeding" includes an action, complaint, hearing, investigation, trial,
appeal, order, or similar matter pending before, made, or conducted by an official
body.
(z) (1) "Public service company" means a common carrier company,
electric company, gas company, sewage disposal company, telegraph company,
telephone company, water company, or any combination of public service companies.
(2) "Public service company" does not include:

(i) a campground that provides water, electric, gas, sewage, or
telephone service to campers incident to the campground's primary business of
operating and maintaining the campground; or
(ii) a person that owns or operates equipment used for
charging electric vehicles, including a person that owns or operates:
1. an electric vehicle charging station;
2. electric vehicle supply equipment; or
3. an electric vehicle charging station service company
or provider.
(aa) (1) "Railroad" means a common carrier by rail powered in any
manner.
(2) "Railroad" includes material, equipment, and property used on or
in connection with a railroad.
(bb) (1) "Rate" means a toll, fare, tariff, fee, price, or other charge, or a
combination of these items, by a public service company for public utility service.
(2) "Rate" includes a schedule, regulation, classification, or practice
of a public service company that affects:
(i) the amount of a charge; or
(ii) the nature and value of the service rendered for the charge.
(cc) (1) "Record" means the original or a copy of any documentary
material.
(2) "Record" includes an account, book, chart, contract, document,
file, map, paper, profile, report, or schedule.
(dd) "Renewable energy resource" means one or more of the following sources
of energy, energy technology, or related credit:
(1) solar;
(2) wind;
(3) tidal;

(4) geothermal;
(5) biomass, including waste-to-energy and landfill gas recovery;
(6) hydroelectric facilities;
(7) digester gas; and
(8) a manufacturing or commercial waste-to-energy system or
facility.
(ee) (1) "Retail electric customer" means a purchaser of electricity for end
use in the State.
(2) "Retail electric customer" includes:
(i) a person that owns or operates equipment used for
charging electric vehicles, including:
1. an electric vehicle charging station;
2. electric vehicle supply equipment; or
3. an electric vehicle charging station service company
or provider;
(ii) a person that charges an electric vehicle at an electric
vehicle charging station that the person owns or operates; and
(iii) a commercial or industrial customer that purchases
electricity in accordance with § 7-506.1 of this article.
(3) "Retail electric customer" does not include:
(i) an occupant of a building in which the owner/operator or
lessee/operator manages the internal distribution system serving the building and
supplies electricity and electricity supply services solely to occupants of the building
for use by the occupants;
(ii) a person who generates on-site generated electricity, to the
extent the on-site generated electricity is consumed by that person or its tenants; or

(iii) except as provided in paragraph (2)(ii) of this subsection, a
person that charges an electric vehicle at an electric vehicle charging station.
(ff) (1) "Retail gas customer" means a purchaser of gas for end use in the
State.
(2) "Retail gas customer" excludes an occupant of a building in which
the owner/operator or lessee/operator manages the internal distribution system
serving the building and supplies gas and gas supply services solely to occupants of
the building for use by the occupants.
(gg) "Sewage disposal company" means a privately owned public service
company that owns or maintains facilities for the disposal of sewage.
(hh) "Small rural electric cooperative" means an electric company that:
(1) serves only the consumers that exclusively own and control the
company;
(2) conducts its business on a nonprofit basis; and
(3) supplies electricity to less than 1,000 electric meters in the State.
(ii) "State" means:
(1) a state, possession, territory, or commonwealth of the United
States; or
(2) the District of Columbia.
(jj) "Street railroad" means a railroad:
(1) that is not part of a trunk line railway system; and
(2) whose routes are mainly within Baltimore City or a municipal
corporation with a population of at least 2,000.
(kk) (1) "Taxicab" means a motor vehicle for hire that:
(i) is designed to carry seven or fewer individuals, including
the driver; and
(ii) is used to accept or solicit passengers for transportation
between points along public streets as the passengers request.

(2) "Taxicab" does not include a motor vehicle operated on a regular
schedule and between fixed points with the approval of the Commission as defined in
Title 11 of the Transportation Article.
(ll) "Telegraph company" means a public service company that:
(1) owns telegraph lines to receive, transmit, or communicate
telegraphic communications; or
(2) leases, licenses, or sells telegraphic communications.
(mm) "Telegraph lines" means the material, equipment, and property owned
by a telegraph company and used or to be used for or in connection with telegraph
service.
(nn) (1) "Telephone company" means a public service company that:
(i) owns telephone lines to receive, transmit, or communicate
local exchange telephone services, exchange access telephone services, or teletype
communications;
(ii) leases, licenses, or sells local exchange telephone services,
exchange access telephone services, or teletype communications; or
(iii) owns telephone lines to receive, transmit, or communicate
telephone services to incarcerated individual facilities.
(2) "Telephone company" does not include a cellular telephone
company.
(oo) "Telephone lines" means the material, equipment, and property owned
by a telephone company and used or to be used for or in connection with telephone
service.
(pp) "Toll bridge" means a bridge operated by a person authorized by the
Commission to charge and collect toll from traffic using the bridge.
(qq) "Transformer" means a device consisting of two or more coils of insulated
wire that is designed to transfer alternating current by electromagnetic induction
from one coil to another to change the original voltage or current value.
(rr) "Transportation network company" has the meaning stated in § 10-101
of this article.

(ss) "Transportation network services" has the meaning stated in § 10-101
of this article.
(tt) (1) "Transportation of persons for hire" means the transportation of
persons by:
(i) regularly scheduled operations;
(ii) charter or contract operations; or
(iii) tour or sightseeing operations.
(2) "Transportation of persons for hire" includes the transportation
of persons, whether on the cooperative plan, carried by a corporation, group, or
association engaged in the transportation of its stockholders, shareholders, or
members.
(uu) "Water company" means a public service company that owns a water
plant and sells or distributes water for gain.
(vv) "Water plant" means the material, equipment, and property owned by a
water company and used or to be used for or in connection with water service.

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