State Grants Waiver of Current Background Check Regs; Retail Suppliers Must Comply With Interim Process

The Maryland PSC granted retail electric and natural gas suppliers a waiver from recently adopted sales agent background check requirements, contingent on suppliers complying with a consensus interim proposal for changes in the process during an interim period while the PSC considers changes to the rules.

As previously reported, background checks were included in recent consumer protection rules adopted under RM54, but suppliers raised concerns that the adopted proposal's sources through which background checks were to be conducted were subject to potential information gaps.

The compliance deadline for retail suppliers concerning all requirements of the new rules had been extended to May 1, 2016, and the PSC had invited further proposals to address any issues regarding the background checks.

Stakeholders in a workgroup proposed that the PSC extend the waiver from the current background check requirements beyond May 1 until proposed changes concerning background checks are adopted by rule, with suppliers complying with a consensus workgroup proposal in the interim

For specific background check procedures under the interim process proposed by the workgroup, click here for our prior story

The PSC granted the requested temporary waiver to suppliers for COMAR 20.53.08.02B and C and 20.59.08.02B and C (relating to background checks) on the express condition that a supplier agrees to fully implement the alternative criminal background provisions contained in the workgroup proposal linked above.

This waiver shall be in effect until March 31, 2017, or when the Commission adopts final regulations regarding whether and how COMAR 20.53.08.02B and C and 20.59.08.02B and C should be amended, whichever comes first, the PSC said

"The Commission notes that this is solely a provisional condition and is not an indication that the Commission is giving any preference to the alternative criminal background provisions proposal pending a resolution to OER’s proposed revised language in a future Rule Making session," the PSC said