(13) THE DEPARTMENT OF THE ENVIRONMENT, IN CONSULTATION WITH
THE COMMISSION, SHALL EVALUATE EXISTING PROGRAMS TO MAINTAIN
ENVIRONMENTAL REGULATIONS AND EVALUATE ANY NEW PROGRAMS AS
APPROPRIATE TO ENSURE COMPLIANCE WITH FEDERAL AND STATE
ENVIRONMENTAL REGULATIONS.
(14) NOTHING IN THIS SUBTITLE MAY OPERATE TO PREVENT THE
APPLICATION OF STATE CONSUMER PROTECTION AND ANTITRUST STATUTES
APPLICABLE TO ELECTRIC COMPANIES AND THEIR AFFILIATES AND TO ELECTRICITY
SUPPLIERS.
(C) (1) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, INCLUDING
SUBSECTION (D) OF THIS SECTION, THE COMMISSION MAY REGULATE THE
REGULATED SERVICES OF AN ELECTRIC COMPANY THROUGH ALTERNATIVE FORMS.
OF REGULATION.
(2) THE COMMISSION MAY ADOPT AN ALTERNATIVE FORM OF
REGULATION UNDER THIS SECTION IF THE COMMISSION FINDS, AFTER NOTICE AND
HEARING, THAT THE ALTERNATIVE FORM OF REGULATION:
(I) PROTECTS CONSUMERS:
(II) ENSURES THE QUALITY, AVAILABILITY, AND RELIABILITY OF
REGULATED ELECTRIC SERVICES; AND
(III) IS IN THE INTEREST OF THE PUBLIC, INCLUDING
SHAREHOLDERS OF THE ELECTRIC COMPANY.
(3) ALTERNATIVE FORMS OF REGULATION MAY INCLUDE:
(I) PRICE REGULATION, INCLUDING PRICE FREEZES OR CAPS;
(II) REVENUE REGULATION;
(III) RANGES OF AUTHORIZED RETURN;
(IV) RATE OF RETURN;
(V) CATEGORIES OF SERVICES; OR
(VI) PRICE INDEXING.
(D) (1) THE COMMISSION SHALL FREEZE OR CAP, FOR 4 YEARS AFTER
INITIAL IMPLEMENTATION OF CUSTOMER CHOICE IN THE ELECTRIC COMPANY'S
DISTRIBUTION TERRITORY, THE TOTAL OF THE RATES OF AN ELECTRIC COMPANY
CHARGED TO A RETAIL ELECTRIC CUSTOMER AT THE ACTUAL LEVEL OF THE RATES
IN EFFECT OR AUTHORIZED BY THE COMMISSION ON THE DATE IMMEDIATELY
PRECEDING THE INITIAL IMPLEMENTATION OF CUSTOMER CHOICE IN THE
ELECTRIC COMPANYS DISTRIBUTION TERRITORY.
(2) THE FREEZE OR CAP SHALL NOT APPLY TO THE RECOVERY OF COSTS
UNDER § 7-512(A) THROUGH (C) OF THIS SUBTITLE THAT ARE NOT INCLUDED IN
RATES ON JANUARY 1, 2000 EXCEPT FOR COSTS FOR THE UNIVERSAL SERVICE
|