20.51.01.02

.02 Definitions.

A. In this subtitle, the following terms have the meanings indicated.

B. Terms Defined.

(1) “Administrator” means the person appointed as administrator for a qualified offshore wind project under COMAR 20.61.06.09.

(1-1) "Affiliate" means a person that directly or indirectly, or through one or more intermediaries, controls, is controlled by, is under common control with, or has any economic interest in another person.

(2) Aggregator.

(a) "Aggregator" means an entity or an individual that acts on behalf of a customer to purchase electricity.

(b) "Aggregator" does not include:

(i) An entity or individual that purchases electricity for its own use or for the use of its subsidiaries or affiliates;

(ii) A municipal electric utility serving only in its distribution territory; or

(iii) A combination of governmental units that purchases electricity for use by the governmental units.

(3) "Applicant" means a person applying for an electricity supplier license.

(4) "Application" means a written request for an electricity supplier license.

(5) "Broker" means an entity or individual that acts as an agent or intermediary in the sale and purchase of electricity but does not take title to electricity.

(6) "Commission" means the Public Service Commission of Maryland.

(7) "Competitive billing service" means the:

(a) Invoicing for electricity supply or electricity supply services to a retail customer; and

(b) Processing of payment for electricity supply or electricity supply services to a retail customer.

(8) "Debt service coverage" means a ratio of cash flow dedicated to pay a specific debt to the total amount of debt payments required to be made.

(9) Electric Company.

(a) "Electric company" means a person that physically transmits or distributes electricity in the State to a retail electric customer.

(b) "Electric company" does not include:

(i) An owner/operator that holds ownership in and manages the internal distribution system serving a building and supplies electricity and electricity supply services solely to occupants of the building for use by occupants;

(ii) A lessee/operator that holds a leasehold interest in and manages the internal distribution system serving a building and supplies electricity and electricity supply services solely to occupants of the building for use by occupants;

(iii) Any person that generates on-site generated electricity; or

(iv) A person that transmits or distributes electricity within a site owned by the person or person's affiliate that is incidental to a primary landlord-tenant relationship.

(10) Electricity Supplier.

(a) "Electricity supplier" means a licensed person that:

(i) Sells electricity, electricity supply services, competitive billing services, or competitive metering services; or

(ii) Purchases, brokers, arranges, or markets electricity or electricity supply services for sale to a retail electric customer.

(b) "Electricity supplier" includes an electric company, an aggregator, a broker, and marketer of electricity.

(c) "Electricity supplier" does not include:

(i) An owner/operator that holds ownership in and manages the internal distribution system serving a building, and supplies electricity and electricity supply services solely to occupants of the building for use by the occupants;

(ii) A lessee/operator that holds a leasehold interest in and manages the internal distribution system serving a building, and supplies electricity and electricity supply services solely to occupants of the building for use by the occupants; or

(iii) A person that generates on-site generated electricity.

(11) "Electricity supply services" means the retail procurement of:

(a) An electricity supplier;

(b) Metering, billing, or meter data management services; or

(c) Other competitive services traditionally provided by an electric company.

(12) "Independent system operator" means an entity authorized by the Federal Energy Regulatory Commission to control a regional transmission grid.

(13) "License" means the authority granted by the Commission to a person to do business as an electricity supplier.

(14) "Marketer" means a person that purchases and takes title to electricity as an intermediary for sale to a customer.

(15) "Negative stockholders' equity" means total assets are less than the sum of total liabilities, preferred stock, and intangibles.

(16) "Net income" means sales less costs incurred from operations.

(17) "Person" means an individual, receiver, trustee, guardian, personal representative, fiduciary, representative of any kind, partnership, firm, association, corporation, or other entity.

(18) "Positive current working capital" means current assets exceed current liabilities.

(19) "Positive stockholders' equity" means total assets exceed the sum of total liabilities, preferred stock, and intangibles.

(20) "Regional transmission operator" means a person that performs the same transmission system coordination functions as an independent system operator.

(21) Retail Electric Customer.

(a) "Retail electric customer" means a purchaser of electricity for end use in the State.

(b) "Retail electric customer" does not include:

(i) An occupant of a building in which the owner/operator or lessee/operator manages the internal distribution system serving the building and supplies electricity and electricity supply services solely to occupants of the building for use by the occupants; and

(ii) A person that generates on-site generated electricity, to the extent the on-site generated electricity is consumed by that person or its tenants.

(22) "System transmission operator" means a person that performs the same transmission system coordination functions as an independent system operator.