Sec. 20.61.04.01. Consumer Protection

A. A supplier shall retire one renewable energy credit for each megawatt-hour (MWh) of retail sales of electricity marketed as having characteristics of a Tier 1 renewable source or a Tier 2 renewable source.

B. A supplier contract for the sale of electricity that is marketed as renewable or having the characteristics of a Tier 1 renewable source or Tier 2 renewable source shall include:

(1) The RPS for each year covered by the contract of sale;

(2) A statement that Tier 1 renewable source or Tier 2 renewable source RECs retired may be used to meet the supplier's RPS obligation for that particular sale; and

(3) Except as provided under Public Utilities Article, §7-705(b)(1), a statement that a supplier may meet its RPS obligation by paying a compliance fee to the Fund under Public Utilities Article, §7-705(b), Annotated Code of Maryland.

C. The statement required by §B(3) of this regulation shall include, if appropriate, the dollar amount of the Tier 1 including solar and Tier 2 compliance fee.

D. Report Required.

(1) Except as provided in §D(3) of this regulation, on or before April 1 of each year, a supplier shall file with the Commission a report of any activity under §A of this regulation on a form provided by the Commission.

(2) The supplier report required under §D(1) of this regulation shall include:

(a) Total retail sales of electricity marketed as renewable energy in Maryland by the supplier for the preceding calendar year; and

(b) Total RECs associated with sales of renewable energy in Maryland retired by the supplier during the preceding calendar year.

(3) On or before April 30 of each year, a supplier shall file with the Commission a report of any activity under §A of this regulation that relates to retail sales of electricity marketed as having characteristics of offshore wind energy on a form provided by the Commission.