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Report: PSC Staff Recommend Denial of Retail Supplier's License Applications Due To Potentially "Misleading" Name

December 1, 2015

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Copyright 2010-15 EnergyChoiceMatters.com
Reporting by Paul Ring • ring@energychoicematters.com

Staff of the Maryland PSC have recommended denying the applications of Baltimore Power Company LLC for Maryland electric and natural gas retail supplier licenses due to the possibility that the name Baltimore Power Company, "could be potentially misleading," the Office of People's Counsel reported in comments on the application

As previously reported, Baltimore Power Company is an affiliate of Massie Power LLC, which is licensed as an electric supplier and aggregator in Virginia (click here for more background)

The currently available version of Staff's recommendation on the PSC's website is an earlier recommendation which does not state any objection to the application

However, as recited by OPC in its comments filed yesterday, "By Supplemental Comments dated November 19, 2015, Commission Staff recommended that the Applications be denied due to the possibility that the name 'Baltimore Power Company' 'could be potentially misleading.'"

"Additionally, Staff found that BPC’s registered trade names of 'Baltimore Power' and 'Balt Power' were not suitable alternatives," OPC said in concurring with the supplemental Staff recommendations

Though OPC did not recite in its comments why Staff felt the name had the potential to be misleading, ostensibly the concern is due to its similarity to regulated utility Baltimore Gas & Electric.

This would not be the first time the PSC has addressed a supplier's naming convention due to potential confusion with a utility.

The PSC raised similar concerns with the originally named Public Power & Utility when it applied for a license under its original ownership, as the company eventually adopted the name Public Power for use in Maryland as a condition of licensure (dropped the term "utility")

Additionally, the PSC granted Maryland Gas & Electric (MDG&E) licenses despite concerns over the name having the potential to be confused with BG&E, requiring MDG&E to list its legal names on all contracts as a condition of licensure, not just its trade name

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