Ch. 4  1999 LAWS OF MARYLAND

(IV) WHETHER INVESTORS HAVE ALREADY BEEN COMPENSATED
FOR THE RISK.

7-514.

(A) ON COMPLAINT OR ON ITS OWN MOTION, FOR GOOD CAUSE SHOWN, THE
COMMISSION MAY CONDUCT AN INVESTIGATION OF THE RETAIL ELECTRICITY
SUPPLY AND ELECTRICITY SUPPLY SERVICES MARKETS AND DETERMINE WHETHER
THE FUNCTION OF ONE OF THESE MARKETS IS BEING ADVERSELY AFFECTED BY
MARKET POWER. THE COMMISSION SHALL MONITOR THE RETAIL ELECTRICITY
SUPPLY AND ELECTRICITY SUPPLY SERVICES. MARKETS TO ENSURE THAT THE
MARKETS ARE NOT BEING ADVERSELY AFFECTED BY MARKET POWER.

(B) IF, AS A RESULT OF AN INVESTIGATION CONDUCTED UNDER THIS
SECTION, THE COMMISSION DETERMINES THAT MARKET POWER IN THE RELEVANT
MARKET UNDER THE COMMISSION'S JURISDICTION IS PREVENTING THE ELECTRIC
CUSTOMERS IN THE STATE FROM OBTAINING THE BENEFITS OF PROPERLY
FUNCTIONING RETAIL ELECTRICITY SUPPLY AND ELECTRICITY SUPPLY SERVICES
MARKETS, THE COMMISSION MAY TAKE REMEDIAL ACTIONS WITHIN ITS AUTHORITY
TO ADDRESS THE IMPACT OF THE MARKET POWER ACTIVITIES.

7-515.

AN ELECTRICITY SUPPLIER THAT ALSO PROVIDES DISTRIBUTION SERVICE, OR
THAT HAS AN AFFILIATE THAT PROVIDES DISTRIBUTION SERVICE, IN
PENNSYLVANIA, DELAWARE, WEST VIRGINIA, AND VIRGINIA OR IN THE DISTRICT OF
COLUMBIA MAY NOT PROVIDE RETAIL ELECTRICITY SUPPLY SERVICE, DIRECTLY,
INDIRECTLY, OR THROUGH AN AGGREGATOR, MARKETER, OR BROKER, IN THE
DISTRIBUTION TERRITORY OF AN UNAFFILIATED ELECTRIC COMPANY UNLESS
THERE IS ELECTRICITY SUPPLY COMPETITION IN AT LEAST A PORTION OF THE
DISTRIBUTION SERVICE AREA OF THE ELECTRICITY SUPPLIER OR AFFILIATE.

7-516.

(A) THE COMMISSION SHALL ESTABLISH A UNIVERSAL SERVICE PROGRAM TO
ASSIST ELECTRIC CUSTOMERS WITH AN ANNUAL INCOME LEVEL AT OR BELOW 150%
OF THE FEDERAL POVERTY LEVEL, WITH INPUT FROM A PANEL OR ROUNDTABLE OF
INTERESTED PARTIES. THE DEPARTMENT OF HUMAN RESOURCES. SHALL BE
RESPONSIBLE FOR ADMINISTERING THE UNIVERSAL SERVICE PROGRAM THROUGH
THE MARYLAND ENERGY ASSISTANCE PROGRAM. THE COMMISSION SHALL HAVE
OVERSIGHT RESPONSIBILITY FOR THE UNIVERSAL SERVICE PROGRAM.

(B) ALL CUSTOMERS WILL CONTRIBUTE TO THE FUNDING OF THIS PROGRAM
THROUGH A SYSTEMS BENEFIT SURCHARGE COLLECTED BY EACH ELECTRIC
COMPANY FROM WITHIN ITS DISTRIBUTION TERRITORY. ON A STATEWIDE BASIS, THE
SURCHARGE MAY NOT EXCEED $21 MILLION IN ANY YEAR THE COMMISSION SHALL
ALLOCATE FUNDING FOR THIS PROGRAM IN THE FOLLOWING MANNER;

(1) 80% OF THE FUNDING SHALL BE PAID BY THE INDUSTRIAL AND
COMMERCIAL CLASSES; AND

(2) 20% OF THE FUNDING SHALL BE PAID BY THE RESIDENTIAL CLASS.