ROBERT L. EHRLICH, JR., Governor                             Ch. 487

(C)     THE COMMISSION MAY ALLOW AN ELECTRICITY SUPPLIER TO SUBMIT
THE REPORT REQUIRED UNDER § 7-505(B)(4) OF THIS TITLE TO DEMONSTRATE
COMPLIANCE WITH THE RENEWABLE ENERGY PORTFOLIO STANDARD.

(D)     AN AGGREGATOR OR BROKER WHO ASSISTS AN ELECTRICITY CUSTOMER
IN PURCHASING ELECTRICITY BUT WHO DOES NOT SUPPLY THE ELECTRICITY OR
TAKE TITLE TO OR OWNERSHIP OF THE ELECTRICITY MAY REQUIRE THE
ELECTRICITY SUPPLIER FROM WHICH THE AGGREGATOR OR BROKER PROCURES
WHO SUPPLIES THE ELECTRICITY, AND WHICH IS NOT ITSELF ACTING AS AN
AGGREGATOR OR BROKER IN THE PROCUREMENT, TO DEMONSTRATE COMPLIANCE
WITH THIS SUBTITLE.

7-706.

(A)     (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION, IN
ACCORDANCE WITH THE OBLIGATION TO PROVIDE STANDARD OFFER SERVICE
THROUGH THE BID PROCESS CREATED UNDER § 7-510 OF THIS TITLE, THE
COMMISSION SHALL ALLOW AN ELECTRICITY SUPPLIER TO RECOVER ACTUAL
DOLLAR-FOR-DOLLAR COSTS INCURRED, INCLUDING A COMPLIANCE FEE UNDER §
7-705 OF THIS SUBTITLE, IN COMPLYING WITH A STATE-MANDATED RENEWABLE
ENERGY PORTFOLIO STANDARD.

(2) IN ACCORDANCE WITH THE PHASE II SETTLEMENT AGREEMENT
APPROVED BY THE COMMISSION IN ORDER NO. 78710 IN CASE NO. 8908 ON
SEPTEMBER 30, 2003, FOR ANY FULL-SERVICE AGREEMENT EXECUTED BEFORE THE
RENEWABLE ENERGY STANDARD UNDER THIS SUBTITLE APPLIES TO AN ELECTRIC
COMPANY, THE ELECTRIC COMPANY AND ITS WHOLESALE ELECTRICITY SUPPLIERS
MAY PASS THROUGH THEIR COMMERCIALLY REASONABLE ADDITIONAL COSTS, IF
ANY, ASSOCIATED WITH COMPLYING WITH THE STANDARD, THROUGH THE END OF
THE YEAR OF STANDARD OFFER SERVICE IN WHICH THE REQUIREMENT TOOK
EFFECT.

(B)     AN ELECTRICITY SUPPLIER MAY RECOVER A COMPLIANCE FEE IF:

(1)      THE PAYMENT OF A COMPLIANCE FEE IS THE LEAST-COST MEASURE
TO CUSTOMERS AS COMPARED TO THE PURCHASE OF TIER 1 RENEWABLE SOURCES
TO COMPLY WITH A RENEWABLE ENERGY PORTFOLIO STANDARD;

(2)      THERE ARE INSUFFICIENT TIER 1 RENEWABLE SOURCES AVAILABLE
FOR THE ELECTRICITY SUPPLIER TO COMPLY WITH A RENEWABLE ENERGY
PORTFOLIO STANDARD; OR

(3)      A WHOLESALE ELECTRICITY SUPPLIER DEFAULTS OR OTHERWISE
FAILS TO DELIVER RENEWABLE ENERGY CREDITS UNDER A SUPPLY CONTRACT
APPROVED BY THE COMMISSION.

(C)     ANY COST RECOVERY UNDER THIS SECTION:

(1) FOR ALL ELECTRICITY SUPPLIERS, MAY BE IN THE FORM OF A
GENERATION SURCHARGE PAYABLE BY ALL CURRENT ELECTRICITY SUPPLY
CUSTOMERS, EXCEPT AS OTHERWISE PROVIDED IN § 7-704(F) OF THIS SUBTITLE;

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