Md. Code, Public Utilities § 7-506.1

§7–506.1.

(a) (1) This section applies only to:

(i) an electricity supplier or other owner of a generating station that enters into a contract for the provision of the direct supply of electricity to a commercial or industrial customer in a way that bypasses:

1. interconnection of the load with the electric transmission and distribution systems; or

2. the distribution services of an electric company; and

(ii) a commercial or industrial customer that enters into a contract with an electricity supplier or other owner of a generating station for the provision of the direct supply of electricity as specified in item (i) of this paragraph.

(2) This section does not apply to the use of electricity from an on–site generating station that has been approved under § 7–207.1 of this title.

(b) The Commission may apply to a commercial or industrial customer and any generating station supplying electricity to the commercial or industrial customer in the manner specified in subsection (a)(1) of this section:

(1) any direct or indirect costs, fees, and obligations that are normally applied to retail electric customers in the service territory in which the commercial or industrial customer or generating station is located or interconnected if the Commission determines that the direct or indirect costs, fees, and obligations should be attributable to the commercial or industrial customer and any generating station supplying electricity to the commercial or industrial customer; and

(2) any avoided wholesale costs that the Commission determines have been or may be shifted inappropriately to other retail electric customers as a result of the provision of the direct supply of electricity as specified in subsection (a)(1) of this section, including:

(i) transmission costs;

(ii) energy costs;

(iii) capacity costs; and

(iv) ancillary services costs.