1166

LAWS OF MARYLAND

Ch. 173

charge, has failed to use proper fuel procurement practices,
or has used this charge to the detriment of the public.]
UPON THE FAILURE OF THE COMPANY TO SHOW THAT ITS CHARGES
WERE BASED SOLELY ON INCREASED FUEL PURCHASED POWER OR
PURCHASED GAS COSTS OR UPON THE FAILURE OF THE COMPANY TO

FOLLOW COMPETITIVE PRACTICES IN THE PROCUREMENT____AND

PURCHASING OF SAID FUEL, PURCHASED POWER, OR PURCHASED GAS

OR UPON A SHOWING THAT THE COMPANY WAS REASONABLE

UNREASONABLE IN ITS FUEL PROCUREMENT AND PURCHASING
PRACTICES.

      (B) THIS SECTION SHALL APPLY TO ALL PURCHASED POWER

ADJUSTMENT CLAUSES, ALL PURCHASED GAS ADJUSTMENT CLAUSES,

AND TO ELECTRIC FUEL RATE ADJUSTMENT CLAUSES OF THOSE

ELECTRIC PUBLIC UTILITY COMPANIES NOT SUBJECT TO THE

PROVISIONS OF § 54F.

(B) THIS SECTION SHALL APPLY TO ELECTRIC FUEL RATE

ADJUSTMENT CLAUSES OF THOSE ELECTRIC PUBLIC UTILITY

COMPANIES NOT SUBJECT TO THE PROVISIONS OF SECTION 54F,__AND

TO ALL PURCHASED POWER ADJUSTMENT CLAUSES AND ALL PURCHASED

GAS ADJUSTMENT CLAUSES.

54F.

(A) THE PROVISIONS OF THIS SECTION SHALL APPLY ONLY
TO ELECTRIC UTILITY COMPANIES THAT PRODUCE OR GENERATE POWER
AND WHOSE GROSS ANNUAL REVENUES EXCEED $25,000,000.

(B) AN ELECTRIC PUBLIC UTILITY COMPANY MAY HAVE AS
PART OF ITS RATES TO ALL ITS CUSTOMERS A SEPARATELY STATED,
ZERO-BASED, FUEL RATE WHEREIN IT CHARGES FOR ITS ACTUAL
COSTS OF FUEL COMPUTED ON A KILOWATT-HOUR BASIS.

(C) NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS
ARTICLE, UPON APPLICATION BY AN ELECTRIC PUBLIC UTILITY

COMPANY, AS DEFINED IN MEETING THE CRITERIA OF__SUBSECTION

(A) OF THIS SECTION, FOR PERMISSION AND AUTHORITY TO

INCREASE ADJUST ITS ACTUAL RATES AND CHARGES BASED SOLELY

UPON THE INCREASED" ACTUAL COST OF FUEL USED IN THE

GENERATION OR PRODUCTION OF ELECTRIC POWER OR THE SALE OR

PURCHASE OF ENERGY ON AN ECONOMIC DISPATCH BASIS PER

KILOWATT HOUR SOLD, THE COMMISSION SHALL MAY SUSPEND SUCH
PROPOSED INCREASE ADJUSTMENT FOR A PERIOD NOT TO EXCEED 90
30 DAYS BEYOND THE FILING OF SUCH APPLICATION TO INCREASE
ADJUST RATES. THE COMMISSION SHALL PROMPTLY INVESTIGATE
APPLICATIONS FILED PURSUANT TO THIS SUBSECTION AND SHALL

HOLD A COMMENCE PUBLIC EVIDENTIARY HEARING WITHIN 30

HEARINGS WITHIN 30 DAYS OF THE DATE OF THE FILING OF THE
APPLICATION TO CONSIDER SUCH APPLICATION, AND SHALL BASE ITS
ORDER UPON THE RECORD ADDUCED AT THE HEARING HEARINGS. THE
COMMISSIONS FINAL ORDER SHALL BE ISSUED PROMPTLY BUT IN NO
EVENT LATER THAN 90 DAYS AFTER THE FILING OF THE
APPLICATION. IF THE SUSPENSION PERIOD TERMINATES BEFORE THE
FINAL ORDER IS ISSUED, THE ORDER SHALL PROVIDE FOR REFUNDS

OF ANY DIFFERENCE BETWEEN THE RATE THE UTILITY CHARGED AND

THE RATE ESTABLISHED BY THE FINAL ORDER.