PSC Denies Supplier's Application To Use Name Baltimore Power Company

The Maryland PSC denied the electric and natural gas supplier applications of Baltimore Power Company LLC, finding that the company's name, "has the potential to mislead or confuse customers."

"Customers might mistakenly believe they are dealing with 'Baltimore Gas and Electric Company.' As Staff noted, registered trade names of 'Baltimore Power' and 'Balt Power' are not suitable alternatives. Those names raise the same concern," the PSC said.

The PSC's action is consistent with prior precedent concerning suppliers names which have been deemed too similar to that of a utility (see background). The PSC distinguished the case from the issue of competitive supplier BGE Home, which is governed by specific utility affiliate rules.

The PSC cited COMAR 20.59.07.07A.(2), which provides that a supplier may not engage in a marketing or trade practice that is unfair, false, misleading, or deceptive, as the basis for its decision.

"What the Commission must determine is whether issuance of a license to supply electricity services under the name Baltimore Power Company will promote a competitive retail electricity supply services market, or whether it will not. If the Commission determines that use of the name 'Baltimore Power Company' has the potential to mislead or confuse consumers into thinking they are dealing with Baltimore Gas and Electric Company, then use of the name 'Baltimore Power Company' to supply electricity could actually have a deleterious impact on competition in the electric and electricity services market. Accordingly, if the Commission determines that use of the name 'Baltimore Power Company' has the potential to mislead or confuse customers, it must deny the Company a license to operate as an electricity supplier under that name," the PSC said

As previously reported, Baltimore Power Company is an affiliate of Massie Power LLC, which is licensed as an electric supplier and aggregator in Virginia. Baltimore Power Company has stated that it would focus on serving low-income customers, including through various faith-based affinity programs (click here for background), which the PSC called a laudable goal.

However, such plans, "do not provide a basis for issuing a license to supply electricity. The Company’s desire to invest in low-income neighborhood revitalization efforts should not be dependent upon use of the name Baltimore Power Company to solicit customers for its electricity supply business," the PSC said

The PSC's decision was without prejudice to the company re-filing its applications to provide services by marketing under a different trade name, "one that does not have the potential to mislead or confuse customers."