20.54.01.02

.02 Definitions.

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

B. Terms Defined.

(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 gas.

(b) "Aggregator" does not include:

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

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

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

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

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

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

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

(7) "Competitive billing service" means the:

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

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

(8) "Gas company" has the meaning stated in Public Utilities Article, §1-101, Annotated Code of Maryland.

(9) Gas Supplier.

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

(i) Sells gas, gas supply services, or competitive billing services; or

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

(b) "Gas supplier" includes an aggregator, a broker, and a marketer of gas.

(c) "Gas supplier" does not include:

(i) A gas company to the extent that the gas company provides gas sales or delivery service at rates regulated by the Commission;

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

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

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

(10) "License" means the authority granted by the Commission to a person to do business as a gas supplier.

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

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

(13) Retail Gas Customer.

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

(b) "Retail gas customer" does not include an occupant of a building in which the owner or operator or lessee or operator manages the internal distribution system serving the building and supplies gas and gas supply services solely to occupants of the building for use by the occupants.