Certificate of Public Convenience and Necessity (8-MD-c)
A generating station is defined, in part, as property or facilities constituting an integral plant or unit of the production or electric energy, including any new production unit that would be asses to an existing production plant in excess of 2,000 kilowatts. MD. Code Regs. 20.79.01.02.B.11 (2015). The PSC has authority to regulate all public service companies. MD. Code Ann., Public Utilities §2-112 (1998).
Certificate of Public Convenience and Necessity Process
8-MD-c.1 to 8-MD-c.2 — Is a Certificate of Public Convenience and Necessity Required?
A developer must obtain a Certificate from the PSC before constructing a "qualified generator lead line." MD. Code Ann., Public Utilities §7-207(b)(1)(i) (1998). A "qualified generator lead line" is defined as "an overhead transmission line that is designed to carry a voltage in excess of 69,000 volts and would allow an out–of–state Tier 1 or Tier 2 renewable source to interconnect with a portion of the electric system in Maryland that is owned by an electric company." MD. Code Ann., Public Utilities §7-207(a)(iv). If a Certificate is not required, the developer may continue with the project.
8-MD-c.3 to 8-MD-c.4 — Is the Project Exempt?
Projects that will have a capacity of 2,000 kilowatts or less do not need to apply to the PSC for a Certificate. MD. Code Regs. 20.79.01.02.B.11 (2015). If the project qualifies as exempt, the developer still must contact the PSC to discuss the details of the project.
8-MD-c.5 — Certificate of Public Convenience and Necessity Application
A developer must submit an Maryland Public Service Commission – Application for a Certificate of Public Convenience and Necessity (Application) to the PSC. The Application must at minimum include:
- The name of the developer;
- The location of the project;
- The developers’ principal place of business;
- A description of the generation station;
- A description of any transmission line development;
- The construction schedule for the project; and
- 16 copies of the Application.
8-MD-c.6 to 8-MD-c.7 — Review Application Materials for Completeness
The PSC must review the Application for technical and administrative completeness.
8-MD-c.8 to 8-MD-c.9 — Review Application Materials for Approval
8-MD-c.10 — Certificate of Public Convenience and Necessity
The developer must comply with any restrictions on or conditions of the Certificate.
8-MD-c.11 — Appeal Decision (Optional)
Any aggrieved party may appeal a final agency decision to the circuit court with jurisdiction. MD. Code Ann., State Government § 10-222 (1984) .
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- Maryland – MD. Code Ann., Public Utilities §1-1 et seq., Definitions (2017)
- Maryland – MD. Code Ann., Public Utilities §2-1 et seq., Public Service Commission and people’s Counsel (1998)
- Maryland – MD. Code Ann., Public Utilities §7-2 et seq., Electric Generation Facility Planning (1998)
- Maryland – MD. Code Regs. 20.79.01 et seq., General (2015)