ANNAPOLIS, Md. (WUSA) - A Montgomery County State Senator is using the casino special session to introduce a bill outlawing Pepco and BGE from billing customers for lost outage profits.

In July, 9 Wants to Know exposed a little known Maryland mandate that allows utilities to bill customers for 24 hours of lost transmission fees during a storm blackout.

Click here to see the 9 Wants to Know story that exposed the billing: http://www.wusa9.com/news/article/212306/158/Pepco--BGE-Allowed-To-Bill-Customers-For-Lost-Outage-Revenue-

Sen. Brian Frosh (D) tried to introduce similar legislation last year, but it failed on a tie vote.

"I have a very simple bill," Frosh said. "It literally says the public service commission may not authorize profits for a utility company when it's not providing service."

Frosh is introducing his bill tomorrow in Annapolis.

When questioned last month by 9 Wants to Know about authorizing the billings, the commissioner of the Maryland Public Service Commission said he had no regrets.

Click here to see commissioner's position on billing customers without power: http://www.wusa9.com/news/article/213485/158/Video-No-Regrets-From-Pepco-BGE-Outage-Billing-Official?odyssey=tab|topnews|bc|large

Frosh hopes to make it illegal for the commissioner to use his judgment in the future when considering the matter.

"If you don't work, you don't get paid," Frosh said. "That's a rule that applies to everybody else in society. It ought to belong to Pepco."

Frosh said the legislation has an uphill battle to get his legislation on the agenda because Maryland Statehouse officials will be focused on casino debate.

"I think the odds are against it," Frosh said.

If the measure doesn't get out committee during the special session, Frosh said he will reintroduce it during the next regular session in January.

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