The Commission has initiated a rulemaking to consider changes to its regulations on the licensing of retail electric agents, brokers and consultants (ABCs). The proposed rule changes would implement statutory changes. The rules would explicitly exempt from licensing, "Any person acting exclusively on behalf of a retail electric supplier on condition that exclusivity is disclosed to the customer." The proposed rules would also require licensed ABCs to make disclosures that they: are not employed by the electric utility; price per kwh and total anticipated cost over the proposed customer contract; and, if applicable, that the licensee will be receiving compensation from the supplier. The full texts of the Notice Order and Proposed Rule Changes are available on the NEM Website.

The Commission submitted its report on retail gas competition to the Legislative Reserach Commission as directed by legislature. The Report states that, "the Commission can only conclude that retail natural gas competition programs that include residential and the smallest non-residential consumers can be craffed to provide opportunities for consumers to benefit based on their unique circumstances. Furthermore, the Commission finds that consumers can be protected against deceptive marketing practices and loss of gas service if the necessary legislation and regulations are in place. Certainly, there is no assurance of savings on the cost of gas, but the incurrence of stranded costs, transition costs, and additional regulatory costs is virtually guaranteed."

The Commission did additionally conclude that, "As for expanded transportation services to commercial and industrial consumers, and governmental and other public entities that do not currently qualify for existing transportation services, the Commission finds it appropriate to encourage Atmos, Delta, Duke Kentucky, and LG&E to evaluate their existing transportation tariffs within the context of the operation of their distribution systems and the maintenance of system integrity. The EIA data on marketer and LDC prices for commercial customers, contrary to the data on prices for residential customers, reflects that the average marketer price was lower than the average LDC price in the majority of states. See Appendix C. Therefore, the Commission will review the reasonableness of the existing transportation tariffs of each of the above-named LDCs and any proposed changes in rate design and product and service availability in their next individual general rate proceeding. While the Commission does not advocate mandating or legislating volumetric thresholds for gas transportation service, as we believe the LDCs are best equipped to propose and implement their own systems’ products and programs, we are committed to ensuring the reasonableness of transportation tariffs by reviewing them in the LDCs’ next rate cases."

The full text of the Report is available on the NEM Website.

The Commission announced it will hold a legislative type hearing, "to consider whether curtailment service providers (“CSPs”) operating in Maryland should be subject to licensing as electricity suppliers pursuant to § 7-507 of the Public Utilities Article, Annotated Code of Maryland. Further, the Commission also will consider whether to require periodic reports from the CSPs in the event that the Commission determines that the CSPs are subject to licensing by the Commission." The hearing will take place on February 10, 2011, at 10AM in the Commission's 16th floor hearing room. The full text of the Notice of Hearing is available on the NEM Website.

The Commission is requesting comment on a draft RFP for the new generation facilities in Maryland. The Commission stated in the Notice for Comments that it, "anticipates that it will order the EDCs to submit proposals to construct, acquire, or lease, and operate new generation capacity resources in or around Maryland that meet the requirements of the RFP issued in this matter. Prior to issuing the RFP, the Commission is setting a comment period to allow parties to the proceeding and interested persons to review the draft and provide any comments on, or suggested edits or revisions to, the draft RFP. The fact that the Commission issued this Notice or has prepared a draft RFP should not be construed as a finding by the Commission that new generation is required or that the Commission has decided to order any party to construct, acquire, lease or operate new capacity resources in or around Maryland." Comments are due January 28, 2011. The full text of the Notice for Comment is available on the NEM Website.