Title 20 — Subtitle 79. Applications Concerning the Construction or Modification of Generating Stations, Qualified Generator Lead Lines, and Overhead Transmission Lines
Chapter 01. General
Regulation .01 Scope.LinkCopy Citation
The regulations in this subtitle apply to:
A.
A person applying for a Certificate of Public Convenience and Necessity for the construction of a generating station, qualified generator lead line, or overhead transmission line, or modification to an existing electric generating station, or an overhead transmission line;
B.
A person requesting an exemption from the requirement to obtain a Certificate of Public Convenience and Necessity for the construction of a generating station under Regulation .03 of this chapter; or
C.
A person making a modification under Public Utilities Article, §7-205, Annotated Code of Maryland.
Regulation .02 Definitions.LinkCopy Citation
A.
In this subtitle, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Aesthetic site” means a site whose aesthetic nature is:
(a)
Of general public interest; or
(b)
Officially recognized by a local, state, or federal agency charged with responsibility to oversee the protection of the environment.
(2)
“Affected community” means the residential individuals, organizations, and other entities residing:
(a)
Within a 1-mile radius of a proposed electric generating station fence line for an urban area, as defined by the Census Bureau in 76 Federal Register 53030 and 53043 (August 24, 2011); and
(b)
Within a 3-mile radius of the proposed electric generating station fence line for a rural area, as defined by the Census Bureau in 76 Federal Register 53030 and 53043 (August 24, 2011).
(3)
“Agrivoltaics” means co-development of the same area of land for both the solar generation of electricity and conventional agriculture, including but not limited to animal grazing and growing shade-tolerant crops.
(4)
“Applicant” means a person applying for:
(a)
A Certificate of Public Convenience and Necessity to:
(i)
Construct or modify an electric generating station, including its associated transmission line, if applicable;
(ii)
Construct a qualified generator lead line; or
(iii)
Construct or modify a transmission line; or
(b)
An exemption from the requirement to obtain a Certificate of Public Convenience and Necessity to construct a generating station.
(5)
“Application” means a request for:
(a)
A Certificate of Public Convenience and Necessity under Public Utilities Article, §§7-207 and 7-208, Annotated Code of Maryland, for the construction of an electric generating station including its associated transmission line, if applicable, a qualified generator lead line, or a transmission line;
(b)
A Certificate of Public Convenience and Necessity and any other approvals necessary under Public Utilities Article, §§7-205, 7-206, 7-207, or 7-208, Annotated Code of Maryland, to begin a modification to an electric generating station or an existing transmission line; or
(c)
An exemption from the requirement to obtain a Certificate of Public Convenience and Necessity for the construction of a generating station under Public Utilities Article, §7-207.1, Annotated Code of Maryland.
(6)
“Approval” as used in Public Utilities Article, §7-205, Annotated Code of Maryland, means a Certificate of Public Convenience and Necessity issued under Public Utilities Article, §§7-207 and 7-208, Annotated Code of Maryland.
(7)
“Archeological site” means a site yielding artifacts, structural remains, or evidence of occupation or use from 50 or more years ago, as designated by the Maryland Historical Trust, by the State Archeologist for the Maryland Geological Survey, or by another agency or government unit with responsibility for archeological sites.
(8)
“Associated transmission line” means a transmission line that is necessary to transport the electric output of the generating station to the electric system.
(9)
“Brownfields site” has the meaning stated in Public Utilities Article, §7-207(a)(2)(i)—(iii), Annotated Code of Maryland.
(10)
Commence.
(a)
“Commence” means, with respect to a modification and in general, initiation of physical on-site construction activities that are of a permanent nature, including installing building supports and foundations, laying of underground pipework, and constructing permanent storage structures.
(b)
“Commence” means, with respect to a change in the method of operation, those on-site activities, other than preparatory activities, that mark the initiation of the change.
(11)
“Community liaison officer” refers to an individual designated by the applicant to communicate information and coordinate activities between the applicant and the affected communities, and with whom members of the public can raise questions or concerns about the proposed project.
(12)
“Complete application” means an application for a Certificate of Public Convenience and Necessity for the construction of a generating station or an overhead transmission line, or an application for the modification to an existing electric generating station or transmission line that meets the requirements specified in Regulation .06 of this chapter.
(13)
Concept Plan.
(a)
“Concept plan” means a conceptual site plan presenting the type and arrangement of a proposed facility and its components to be located on a site.
(b)
“Concept plan” includes the information necessary under COMAR 20.79.03.01 to allow an initial evaluation of a proposed project.
(14)
Construction.
(a)
“Construction” has the meaning stated in Public Utilities Article, §7-207, Annotated Code of Maryland.
(b)
“Construction” does not mean:
(i)
A change needed for temporary use of a site or a route for a nonutility purpose or for use in securing geologicl data, including borings necessary to ascertain foundation conditions; or
(ii)
The installation of visual buffering, including vegetative screening and fencing.
(15)
“Critical Area” has the meaning stated in COMAR 27.01.01.01.
(16)
“Demand” means the rate of consumption of electricity.
(17)
“EJSCREEN” means the U.S. Environmental Protection Agency environmental justice screening and mapping tool.
(18)
“EJSCREEN ACS Report” means a printable report using the EJSCREEN tool and generated with demographic data from the U.S. Census Bureau American Community Survey, which include demographic indicators for race/ethnicity, poverty, age, educational level, and language barriers.
(19)
“EJSCREEN Standard Report” means a printable report using the EJSCREEN tool that displays the environmental and demographic indicators and indexes for the area selected.
(20)
“Electric company” has the meaning stated in Public Utilities Article, §1-101, Annotated Code of Maryland.
(21)
“Environmental review document” means a written document submitted as part of an application for a Certificate of Public Convenience and Necessity, containing the information required pursuant to COMAR 20.79.03, including the applicant’s analysis of the project’s potential environmental and socioeconomic impacts.
(22)
“Forest” has the meaning stated in Natural Resources Article, §5-1601, Annotated Code of Maryland.
(23)
Generating Station.
(a)
“Generating station” means property or facilities located in Maryland constituting an integral plant or generating unit for the production of electric energy, including any new production unit that would be added to an existing production plant.
(b)
“Generating station” does not include an integral plant or generating unit less than or equal to 2,000 kilowatts if it is installed with equipment that prevents the flow of electricity to the electric system during time periods when the electric system is out of service.
(24)
“Generating unit” means the component of a generating station that produces electrical energy and contains:
(a)
A separate electrical isolation device to prevent the flow of electricity when required for operation or maintenance;
(b)
A separate energy measurement meter;
(c)
A separate inverter, if applicable; and
(d)
The ability to be operated in an independent manner from other generating units.
(25)
“Historic site” means a site registered by the:
(a)
Maryland Historical Trust;
(b)
National Register of Historic Places;
(c)
National Register of Natural Landmarks;
(d)
Register of National Historic Landmarks; or
(e)
National Trust for Historic Preservation.
(26)
“Linear facilities” means ancillary components of a generating station that may have environmental or land use impacts in Maryland, including:
(a)
A pipeline for the delivery of fuel or cooling water; and
(b)
An associated transmission line or qualified generator lead line.
(27)
“Lot coverage” has the meaning stated in Natural Resources Article, §8-1802(a), Annotated Code of Maryland.
(28)
Modification.
(a)
“Modification” to an electric generating station has the meaning stated in Public Utilities Article, §7-205, Annotated Code of Maryland.
(b)
“Modification” to an existing transmission line means:
(i)
Obtaining new real property or additional rights-of-way through eminent domain; or
(ii)
Construction requiring larger or higher structures to accommodate increased voltage or larger conductors.
(c)
“Modification” includes any clean air modification under Public Utilities Article, §7-206, Annotated Code of Maryland.
(29)
“On-site generated electricity” has the meaning stated in Public Utilities Article, §1-101, Annotated Code of Maryland.
(30)
“Person” has the meaning stated in Public Utilities Article, §1-101, Annotated Code of Maryland.
(31)
“Person-years of employment” means a unit of measure for the amount of work performed by one person working full-time for 1 year.
(32)
“Plan” means a comprehensive and interrelated set of actions for meeting forecasted electric demand for the 10-year period from the date of the application.
(33)
“Prime farmland” means those lands which are defined by the Secretary of the United States Department of Agriculture in 7 CFR §657.5 and which have historically been used for cropland.
(34)
“Project” means a proposed generating station, including linear facilities, existing generating station modification, qualified generator lead line, transmission line, or existing transmission line modification.
(35)
“Public airport” includes a privately owned airport as defined in Public Utilities Article, §7-207, Annotated Code of Maryland.
(36)
“Qualified generator lead line” has the meaning stated in Public Utilities Article, §7-207(a)(2)(iv), Annotated Code of Maryland.
(37)
“Qualifying generating station” means a proposed fossil fuel generating station, as generating station is defined under this subtitle, that is over 70 megawatts in nameplate capacity and subject to the requirements under Public Utilities Article, §§7-207 and 7-208, Annotated Code of Maryland.
(38)
“Regulated pollutant” means:
(a)
Any pollutant for which a federal or the State ambient air quality standard has been promulgated, and any identified constituent or precursor pollutants regulated under an ambient air quality standard;
(b)
Any pollutant that is subject to any standard promulgated under 42 U.S.C. §7411;
(c)
Any Class I or Class II substance that is subject to a standard promulgated under Title VI of the Clean Air Act, 42 U.S.C. §7671 et seq.;
(d)
Any other pollutant that is otherwise subject to regulation under the Clean Air Act, 42 U.SC. §7401 et seq. or Environment Article, Title 2, Annotated Code of Maryland, except that any or all hazardous air pollutants either listed in 42 U.S.C. §7412 or added to the list under 42 U.S.C. §7412(b) are not regulated pollutants unless the listed hazardous air pollutant is also regulated as a constituent precursor of a general pollutant listed under 42 U.S.C. §7408; or
(e)
Regulated discharges under the Federal Water Pollution Control Act (the Clean Water Act), 33 U.S.C. §§1251—1387 or Environment Article, Titles 5 and 16, Annotated Code of Maryland.
(39)
“Transmission line” means property or facilities constructed in Maryland as an overhead transmission line designed to carry a voltage in excess of 69,000 volts.
Regulation .03 Exemption.LinkCopy Citation
A.
A person may file an application for an exemption from the requirement to obtain a Certificate of Public Convenience and Necessity for the construction of a generating station if the person intends to construct a generating station which meets the requirements under Public Utilities Article, §7-207.1(a), Annotated Code of Maryland.
B.
An application for an exemption from the requirement to obtain a Certificate of Public Convenience and Necessity for the construction of a generating station under §A of this regulation shall be on a form provided by the Commission.
C.
Unless otherwise directed by the Commission, a decision on an application for an exemption from the requirement to obtain a Certificate of Public Convenience and Necessity for the construction of a generating station shall be rendered not later than 90 days from the date a complete application is filed.
Regulation .04 Pre-Application Requirements for a Qualifying Generating Station.LinkCopy Citation
Prior to filing an application for a Certificate of Public Convenience and Necessity for the construction of a new qualifying generating station, unless otherwise provided under this regulation or exempted under this subtitle, an applicant shall complete the following actions, as described:
A.
Notify the Commission and the Maryland Department of Natural Resources Power Plant Research Program, in writing, of the applicant’s intent to file an application for a qualifying generating station no less than 90 days prior to filing the application, and provide information on the proposed qualifying generating station, including without limitation the type, source, and location of the proposed facility;
B.
Offer to engage the participation of the affected communities for the purpose of educating the affected communities concerning the proposed project and soliciting their feedback, including, at minimum, the following actions:
(1)
Designate a community liaison officer for the proposed project;
(2)
Identify actual community members and community organizations within the affected communities and provide notification of the proposed project and any public meeting invitation concerning the project to those community members and organizations; and
(3)
Hold a minimum of one public meeting within the county or municipal corporation in which any portion of the construction of the qualifying generating station is proposed to be located, in accordance with the following requirements:
(a)
The public meeting shall be scheduled at least 60 days before the filing of the application;
(b)
The applicant shall provide notification of the public meeting, including the time, date, and location of the meeting, by:
(i)
Placing a meeting invitation on the applicant’s website, if any, or on the applicant’s parent corporation’s website;
(ii)
Placing a meeting invitation on at least two types of social media platforms;
(iii)
Publishing an advertisement in a newspaper of general circulation in the county or municipal corporation in which the proposed facility will be located; and
(iv)
Providing a copy of the meeting invitation or newspaper advertisement to the governing body, as defined in Local Government Article, §1-101, Annotated Code of Maryland, and, if applicable, the executive of each county or municipal corporation in which the proposed facility will be located; and
(c)
The applicant shall take steps to accommodate reasonable requests to provide access to and participation in the public meeting by persons with disabilities or limited English proficiency;
C.
Prepare a statement of public engagement and participation certification, which shall describe the applicant’s efforts to provide notice to and engage the affected communities and shall include a summary discussion of what, if any, actions the applicant has agreed to take to address public concerns raised at the public meeting; and
D.
Use the EJSCREEN, or, if the EJSCREEN is unavailable, a comparable environmental hazard risk assessment and mapping tool to identify areas within affected communities that may be subject to additional impacts as a result of permitting and operating the proposed qualifying generating station, as follows:
(1)
For its numerical thresholds, the EJSCREEN shall utilize a demographic index equal to or greater than the 80th percentile, as compared to the State of Maryland, for any single census block group within a 3-mile circular buffer centered at the Geographic Information System coordinates of the proposed qualifying generating station; and
(2)
The demographic index shall comprise the average of the percentage of the population that is minority and the percentage of the population that is low-income, which is hereby defined as a household income less than or equal to twice, or 200 percent, of the federal poverty level.
Regulation .05 Pre-Application Consultation Requirement for Generating Stations.LinkCopy Citation
A.
A minimum of 90 days prior to filing an application for a Certificate of Public Convenience and Necessity for the construction of a generating station, an applicant shall take the following steps to engage and consult with the county or municipal corporation in which any portion of the project is proposed to be located:
(1)
Submit to the affected county or municipal corporation the following:
(a)
A draft environmental review document in accordance with COMAR 20.79.03.02—.04;
(b)
A properly sized conceptual site plan for the project in accordance with COMAR 20.79.03.01;
(c)
Where available for download on the Commission’s website, informational materials describing the Certificate of Public Convenience and Necessity process and the process for intervention; and
(d)
A request for a meeting, and the applicant shall make a good faith effort to meet with the staff of the affected county or municipal corporation; and
(2)
Request from the affected county or municipal corporation a preliminary report containing the following:
(a)
A statement or finding whether the proposed project is consistent with the current comprehensive plan of the county or municipal corporation;
(b)
A statement or finding whether the proposed project is consistent with the current zoning ordinance of the county or municipal corporation; and
(c)
Suggestions for improving or modifying the application prior to submission of the application with the Commission.
B.
If the applicant makes any material changes to the project as submitted under this regulation or as submitted to the Commission under Regulation .06 of this chapter, the applicant shall provide notice of the changes to the county or municipal corporation in which any portion of the project is proposed to be located.
C.
The applicant shall file with the Commission any preliminary report or other updated information received from the county or municipal corporation in which any portion of the project is proposed to be located.
D.
The applicant shall, no later than 45 days prior to filing an application for a Certificate of Public Convenience and Necessity for the construction of a generating station, meet with the staff of the Department of Natural Resources Power Plant Research Program to provide an overview of the proposed project.
Regulation .06 Application Filing Requirements.LinkCopy Citation
Except for an application for exemption under Regulation .03 of this chapter, an application for a Certificate of Public Convenience and Necessity for the construction of a generating station or transmission line, or an application for modification to an existing electric generating station or transmission line, shall include the following information:
A.
The name of the applicant;
B.
The address of the principal business office of the applicant;
C.
The name, title, mailing address, and email address of the person authorized to receive notices and communications with respect to the application;
D.
For a proposed qualifying generating station, the name, title, mailing address, and email address of the community liaison officer, if different from the person named under §C of this regulation;
E.
The location or locations at which the public may inspect a copy of the application;
F.
A list of each local, state, or federal government agency having authority to approve or disapprove the construction or operation of the project and containing a statement:
(1)
Providing the contact information for the local, state, or federal agency or unit;
(2)
Indicating whether the necessary approval from each agency has been obtained, with a copy of each approval or disapproval attached;
(3)
If necessary approval has not been obtained, specifying the reason why;
(4)
If the proposed project is pending review for approval before a local, state, or federal agency or unit, indicating the status and providing a summary of the review process and expected completion date for the review, if known; and
(5)
Indicating whether any waiver or variance has been granted or requested with a copy of each attached;
G.
For generating stations, the application shall also include:
(1)
A description of the applicant’s efforts to consult with the county or municipal corporation in which any portion of the project is proposed to be located, in accordance with Regulation .05 of this chapter, including efforts to resolve issues presented by the county or municipal corporation;
(2)
Any preliminary report provided by the affected county or the municipal corporation under Regulation .05 of this chapter;
(3)
If the affected county or municipal corporation did not provide the applicant with a preliminary report under Regulation .05 of this chapter:
(a)
A copy of any letter from the affected county or municipal corporation regarding the pendency of the county’s or municipal corporation’s review of the proposed project, if available, and, if not, a written statement indicating the status of the review, if known; and
(b)
Any written correspondence exchanged with the affected county or municipal corporation discussing the county’s or municipal corporation’s review of the proposed project and the project’s consistency with the local comprehensive plan and zoning ordinance, if available;
H.
The information required under COMAR 20.79.04.01 for transmission lines;
I.
A description of the generating station or generating station modification under COMAR 20.79.03.01, or the transmission line or the modification to an existing transmission line under COMAR 20.79.04.02 and .03;
J.
An implementation schedule for the proposed project, including, for generating stations, the construction, operation, and expected decommissioning of the project;
K.
The environmental, natural resources, and socioeconomic information:
(1)
Required under COMAR 20.79.03 for generating stations; or
(2)
Required under COMAR 20.79.04 for transmission lines;
L.
The EJSCREEN reports required under COMAR 20.79.03.05 for a proposed qualifying generating station;
M.
A signed statement of public engagement and participation certification, required under COMAR 20.79.03.06 for a proposed qualifying generating station, that the applicant made at least one attempt to engage the affected communities pursuant to Regulation .04B of this chapter prior to filing the application;
N.
If the applicant believes that a requirement for a complete application under this regulation is not applicable to a project, a statement explaining why the requirement is not applicable; and
O.
If the applicant requests a waiver of any requirement under this regulation, a statement explaining why the applicant believes the requirement should be waived.
Regulation .07 Deadlines.LinkCopy Citation
A.
Unless otherwise directed by the Commission, a decision on an application for a Certificate of Public Convenience and Necessity for the construction of an electric generating station shall be rendered not later than 365 days from the date a complete application is filed.
B.
Unless otherwise directed by the Commission, a decision on an application for modification of an electric generating station shall be rendered not later than 150 days from the date a complete application is filed.
Regulation .08 Modifications to the Facilities at a Power Plant.LinkCopy Citation
A.
Except as provided in §C of this regulation, a person may not commence a modification to the facilities at a power plant without receiving prior approval from the Commission.
B.
A physical alteration, replacement, change in the method of operation, or any other change to an electric generating unit or other facilities at a power plant that will result in an increase in air emissions is subject to the requirement to obtain approval from the Commission under Public Utilities Article, §7-205(b), Annotated Code of Maryland, if the change will result in an increase of either 75,000 tons or more per year in emissions of CO2 or an increase of 1 ton or more in emission of any other regulated pollutant.
C.
The following changes do not require prior approval of the Commission:
(1)
Routine maintenance and repair, including routine replacement;
(2)
An increase in the hours of operation or in the production rate, unless the change is prohibited under any enforceable condition established after January 6, 1975, under regulations approved under the Clean Air Act, 42 U.S.C. §7401 et seq.;
(3)
Use of an alternative fuel or raw material by reason of an order under §§2(a) and (b) of the Energy Supply and Environmental Coordination Act of 1974, 15 U.S.C. §791 et seq., or any superseding legislation, or by reason of a natural gas curtailment plan under the Federal Power Act, 16 U.S.C. §791 et seq.;
(4)
Use of an alternative fuel by reason of an order or rule under §125 of the Clean Air Act, 42 U.S.C. §7425;
(5)
Use of an alternative fuel or raw material by a stationary source which:
(a)
The source was capable of accommodating before January 6, 1975, unless such change would be prohibited under any federally enforceable permit condition established after January 6, 1975, under 40 CFR §52.21, or under regulations approved under 40 CFR Part 51, Subpart I or §51.166; or
(b)
The source is approved to use under a Certificate of Public Convenience and Necessity issued under Public Utilities Article, §§7-207 and 7-208, Annotated Code of Maryland, and any other required approvals, including permits issued under COMAR 26.11.02 or 26.11.03; or
(6)
Any change in ownership.
D.
An increase in air emissions is calculated in accordance with COMAR 26.11.17 or 26.11.06.14, as applicable.
Regulation .09 Waivers and Modifications.LinkCopy Citation
The Commission may, in its discretion, waive or modify any provision of this subtitle and may also impose additional requirements as circumstances warrant.
Regulation .10 Completeness Determination.LinkCopy Citation
A.
After an application to construct a new or modified generating station has been filed with the Commission, and within 45 days after the Commission has issued an order docketing the matter for either delegation to the Public Utility Law Judge Division or consideration by the Commission, the Maryland Department of Natural Resources Power Plant Research Program shall file a letter with the Commission stating whether the application meets the requirements under Regulation .06 of this chapter for a complete application.
B.
The applicant may respond in writing to the letter filed under §A of this regulation within 10 days, prior to the issuance of a determination of completeness.
C.
The Commission shall issue a determination on whether the application is:
(1)
Complete, and the Commission will proceed to review the request; or
(2)
Deficient, in which case the Commission shall specify the deficiency, and the applicant may submit additional information to cure the deficiency by the date set by the Commission.
D.
A CPCN application may not be deemed incomplete for failure to provide information that is not required by COMAR 20.79.01.06.
E.
A prehearing conference to set a procedural schedule or a deadline for petitions of intervention may only be held after the Commission determines that a filed application is complete.
Regulation .11 Availability of Applications and Related Materials.LinkCopy Citation
The following documents shall be made available for public inspection at the offices of the Commission and on the Commission’s website:
A.
A copy of the application for a Certificate of Public Convenience and Necessity for the construction of a generating station or transmission line, or an application for modification to an existing electric generating station or transmission line;
B.
All written public comments received by the Commission concerning the application; and
C.
Any comments and recommendations filed by a State agency or other parties concerning the application and received by the Commission.
Chapter 02. Administrative Provisions
Regulation .01 Form of Application.LinkCopy Citation
A.
The original application shall be:
(1)
Signed or electronically signed by an individual having authority with respect to the application and having knowledge of the application; and
(2)
Verified under oath.
B.
In its discretion, the Commission may prescribe the form of the application.
Regulation .02 Notice and Distribution of Application.LinkCopy Citation
A.
The applicant shall submit to the Commission:
(1)
One paper original of the application; and
(2)
One electronic copy of the application, including all attachments, in the format determined by the Commission.
B.
In addition to filing the application with the Commission, the applicant shall simultaneously mail or provide an electronic copy of the application to the following persons (if by mail, number of copies):
(1)
The governing body and, if applicable, the executive of each county or municipal corporation in which any portion of the project will be located (one copy each);
(2)
The governing body and, if applicable, the executive of each county or municipal corporation within 1 mile of the proposed location of the project (one copy each);
(3)
Each member of the General Assembly representing any part of each county in which any portion of the project will be located (one copy each, if requested);
(4)
Each member of the General Assembly representing any part of each county within 1 mile of the proposed location of the project (one copy each, if requested);
(5)
The planning and zoning commission of each county and municipal corporation in which the project will be located (one copy);
(6)
Each owner of land, and each owner of adjacent land, on which proposed transmission lines will be located (notice only);
(7)
The Department of the Environment, as follows:
(a)
Director, Air and Radiation Administration (one copy); and
(b)
Director, Water and Science Administration (one copy);
(8)
The Department of Planning (one copy);
(9)
The Department of Natural Resources, as follows:
(a)
Department Secretary (one copy); and
(b)
Power Plant Research Program (one copy);
(10)
The Department of Agriculture, Soil Conservation Committee (one copy);
(11)
The Department of Commerce (one copy);
(12)
The Department of Transportation (one copy);
(13)
The Maryland Aviation Administration (one copy);
(14)
The State Highway Administration, as follows:
(a)
Administrator (one copy); and
(b)
Chief of Utilities Division, Office of Construction (one copy);
(15)
The U.S. Department of Interior (one copy);
(16)
The Federal Energy Regulatory Commission (one copy);
(17)
The Federal Aviation Administration (one copy);
(18)
The Maryland Energy Administration (one copy);
(19)
The Maryland Department of Health (one copy);
(20)
The Maryland Historical Trust, Department of Planning (one copy);
(21)
The Office of People's Counsel (one copy);
(22)
The U.S. Fish and Wildlife Service (one copy);
(23)
Superintendent, Shenandoah National Park (one copy);
(24)
The local electric company or cooperative (one copy);
(25)
The U.S. Environmental Protection Agency (one copy); and
(26)
The U.S. Department of Defense (one copy).
C.
The applicant shall either mail a copy or provide an electronic copy of the application to any other State or local agency that may be affected.
D.
For a proposed qualifying generating station, the applicant shall send by first-class mail a letter notice of the filing of the application to all residential and business addresses within a 1-mile radius of the proposed facility site for an urban area, and within a 3-mile radius of the proposed facility site for a rural area, and the letter notification shall include:
(1)
A fact sheet on the filed application, including the applicant’s name and website;
(2)
The type of project to be constructed and its nameplate capacity;
(3)
The project’s location;
(4)
The assigned case number;
(5)
The location at which the public may physically review the application;
(6)
The applicant’s designated community liaison officer;
(7)
Other relevant information;
(8)
The prehearing conference date;
(9)
The deadline for filing petitions to intervene;
(10)
A fact sheet concerning the Certificate of Public Convenience and Necessity process; and
(11)
Information on how to access the applicant’s EJSCREEN Reports.
E.
The applicant shall place a copy of the application as filed with the Commission at the public library branch closest to the proposed site of the facility, or other locations near the proposed site of the facility that permit public access and have adequate facilities for reviewing the application.
F.
For fossil fuel generating stations subject to the requirements for a Certificate of Public Convenience and Necessity under Public Utilities Article, §§7-207, 7-207.1, and 7-208, Annotated Code of Maryland, including those for which a waiver has been denied, the applicant shall:
(1)
Post, at minimum, one large sign at the site of the proposed facility that is visible from the streets, subject to applicable local restrictions and regulations;
(2)
File with the Commission, as an exhibit to its application, at least one picture of each posted sign; and
(3)
For a proposed qualifying generating station, file with the Commission a signed certification of the notification mailings in accordance with §D of this regulation, along with a complete list of mailing recipient names and addresses.
Regulation .03 Proceedings on the Application.LinkCopy Citation
A.
The Commission may hold hearings with any other state or local agency having jurisdiction to issue any permit, authority, or certificate that is required before construction or operation of a project can begin.
B.
In order to ensure timely completion of the proceedings, the Commission may impose a schedule of procedural dates which is subject to change only for good cause shown.
C.
Phased Proceeding Requests.
(1)
The applicant may request that the construction of a generating station be reviewed by the Commission in phases.
(2)
If a phased proceeding is requested and the request is granted by the Commission:
(a)
An applicant may file a partial application; and
(b)
The Commission may render separate findings of fact on any phase or issue within a phase.
(3)
Findings of fact rendered by the Commission under this section are not subject to further litigation unless warranted by new substantive issues or changed circumstances.
Chapter 03. Details of Filing Requirements — Generating Stations
Regulation .01 Description of Generating Station.LinkCopy Citation
An application to construct a generating station shall provide a description of the generating station, including linear facilities, or the generating station modification, and shall include:
A.
A statement or finding by the county or municipal corporation in which any portion of the project is proposed to be located, under COMAR 20.79.01.05 and .06, of whether the project is consistent with the applicable local comprehensive plan and zoning ordinance, if provided;
B.
A high-resolution concept plan, including:
(1)
A location map with total site area and applicable land boundaries indicating the location of the proposed project in relation to municipal boundaries, perimeter roads, and traffic facilities;
(2)
Project design features;
(3)
Setbacks from adjacent properties and rights of way, as applicable;
(4)
Characteristics of the land to be developed, including soil classifications and all natural resources and environmental features that require or may require protection in accordance with State and local regulations, including proposed setbacks;
(5)
All existing and proposed structures, existing and proposed parking areas with setbacks and buffers, and areas of impervious surfaces or lot coverage;
(6)
Preliminary information as required under the Forest Conservation Act; and
(7)
Proposed location of landscape buffering, as applicable;
C.
Operational features, including the expected capacity factor;
D.
The schedule for engineering, construction, and operation;
E.
The life expectancy of the generating station;
F.
A statement of the reasons for the selection of the design and the site of the generating station, including linear facilities, or generating station modification;
G.
A description of the impact of the project on the economics of the State and local and regional impacts;
H.
A description of the impact of the project on the stability and reliability of the electric system, or, if the impact is not known at the time of application, an explanation of the steps undertaken by the applicant to determine the impact, including the expected date for submission of the impact description;
I.
To the extent feasible, the location and major design features of any required major electric system upgrade, including any associated transmission line, as a result of the project; and
J.
A description of the planned interconnection, including the specific connection location and route, and a description of the status of the generating station in the transmission or distribution grid interconnection process.
Regulation .02 Environmental Information.LinkCopy Citation
A.
The purpose of this regulation is to require the applicant to demonstrate that the application complies with applicable environmental laws, regulations, and restrictions.
B.
The application shall include an environmental review document, which shall include the following environmental information:
(1)
The following general information:
(a)
A general description of the physical, biological, aesthetic, and cultural features, and conditions of the site and adjacent areas;
(b)
A summary of the environmental effects of the construction and operation of the project, including a description of the unavoidable impact and recommended mitigation, including but not limited to a discussion of impacts to the Chesapeake Bay and its watershed and the Atlantic Coastal Bays, if applicable;
(c)
A copy of all studies of the environmental impact of the proposed project prepared by the applicant; and
(d)
A statement of the ability to conform to applicable environmental standards;
(2)
A description of the effect on air quality, including the:
(a)
Ability of the generating station to comply with:
(i)
State or federal ambient air quality standards;
(ii)
State or federal emission standards;
(iii)
Federal new source performance standards;
(iv)
Federal emission standards for hazardous air pollutants;
(v)
Prevention of significant deterioration and new source review provisions; and
(vi)
Any requirement to obtain emission offsets, allowances, and reduction credits;
(b)
Impact on prevention of significant deterioration areas and existing nonattainment areas; and
(c)
Information and forms required by the Department of the Environment regulations relating to permits to construct and operating permits under COMAR 26.11;
(3)
A description of the effect on water quality and appropriation, including:
(a)
An analysis of the availability and suitability of treated wastewater, municipal water supplies, surface water and ground water for the water supply needs of the proposed generating station;
(b)
An analysis of options to reduce the water supply demand on freshwater resources from the proposed generating station;
(c)
An analysis of construction dewatering needs and estimated amounts;
(d)
The identification of affected streams, nontidal wetlands, watersheds, and aquifers and an assessment of the positive or negative impact the project will have on water quality;
(e)
The information and forms required by the Department of the Environment regulations related to the impacts on Tier II streams under COMAR 26.08.02, if applicable, and analysis of impacts to water quality of Tier II streams, if applicable, including:
(i)
Permanent alterations to resources that support high water quality; and
(ii)
An evaluation of alternatives that avoid, minimize, and mitigate impacts;
(f)
A description of the impacts on any Maryland Wild and Scenic Rivers and their watersheds, as well as consistency with the Scenic River Plan, if applicable;
(g)
A description of the impact on other water users;
(h)
A description of the mitigation and minimization techniques evaluated; and
(i)
The information and forms required by Department of the Environment regulations relating to water use and appropriation under COMAR 26.17.06.07 and 26.17.07, if applicable;
(4)
A description of the extent and effect on State or private tidal wetlands, nontidal wetlands and their buffers or expanded buffers, or waterways and floodplains, including:
(a)
Public health and welfare;
(b)
Marine fisheries;
(c)
Shell fisheries;
(d)
Wildlife;
(e)
Protection of life and property from flood, hurricane, or other natural disaster;
(f)
The evaluation of mitigation and minimization techniques, including proposals related to replacement lands; and
(g)
The information and forms required by the Department of the Environment regulations relating to a license for use of State tidal wetlands, nontidal wetlands, or waterways and floodplains under COMAR 26.23 and 26.24;
(5)
A discussion of the economics and availability of means for the disposal of plant-generated wastes; and
(6)
A discussion of the impact of the project on the State's ability to satisfy:
(a)
The renewable portfolio standard requirements set forth in Public Utilities Article, §7-701, et seq., Annotated Code of Maryland; and
(b)
The greenhouse gas reduction requirements set forth in Environment Article, §2-1201, et seq., Annotated Code of Maryland.
Regulation .03 Natural Resources Information.LinkCopy Citation
A.
The purpose of this regulation is to require the applicant to demonstrate that the application addresses impacts of the project on the State’s natural resources.
B.
The applicant’s environmental review document shall include the following natural resources information:
(1)
A description of the impacts on forests, including:
(a)
A forest stand delineation;
(b)
Any techniques used to minimize forest impact; and
(c)
The applicant’s proposal to address any applicable forest conservation ordinance of the county or municipal corporation in which any portion of the project is proposed to be located, including:
(i)
Efforts to comply with the applicable forest conservation ordinance, including the submission of a completed forest conservation worksheet for the county or municipal corporation;
(ii)
No action or, alternatively, deviation from the requirements of the applicable forest conservation ordinance, with an explanation of the applicant’s proposal or justification for the proposal and documentation of the county’s or municipal corporation’s agreement to the applicant’s proposal; or
(iii)
If applicable, a statement that the project is exempt from the Forest Conservation Act due to total acreage of forest cover in the county in which the project is proposed to be located;
(2)
A description of the impacts to rare, threatened, and endangered species, including:
(a)
An environmental review letter provided by the Maryland Department of Natural Resources;
(b)
Information obtained from the U.S. Fish and Wildlife Service Information for Planning and Consultation online project planning tool; and
(c)
An evaluation of mitigation and minimization actions to address impacts to rare, threatened, and endangered species, as needed;
(3)
A Phase I environmental site assessment report, prepared in accordance with the American Society for Testing Materials (ASTM) standard E1527;
(4)
A description and site plan concerning impacts to the Critical Area, consistent with COMAR 27.01, COMAR 27.02 (for State agency projects on State-owned lands), and COMAR 27.03 (regarding notice requirements);
(5)
For solar photovoltaic generating stations, the description and site plan required in §B(4) of this regulation shall also include:
(a)
Calculations of any required reservation of resource conservation area density rights for projects located in a resource conservation area consistent with COMAR 27.01.14.05D; and
(b)
The identification and location of any conservation easements, restrictive covenants, or other protective instrument over the property;
(6)
An analysis of potential noise impacts from construction and operation activities, including:
(a)
Sound power levels or sound pressure levels at specific distances associated with noise-generating sources; and
(b)
Identification of the closest noise-sensitive receptor locations;
(7)
A geotechnical report within all areas of planned subsurface disturbance, if applicable; and
(8)
Identification of sea level rise projects, if applicable.
Regulation .04 Socioeconomic Information.LinkCopy Citation
A.
The purpose of this regulation is to require the applicant to demonstrate that the application addresses the socioeconomic effects of the project.
B.
The applicant’s environmental review document shall include the following socioeconomic information:
(1)
A summary of the socioeconomic effects of the construction and operation of the project, including a description of the unavoidable impact and recommended mitigation;
(2)
A description of historic and archeological resources of the site and impacts from the project on those resources, including:
(a)
The Maryland Historic Trust’s response to a review intake questionnaire submitted by the applicant;
(b)
Labeled photographs of the project site including images of all buildings and structures located within the project area and keyed to a site plan, if possible;
(c)
Drawings and a written scope of work illustrating any plans to construct, demolish, or rehabilitate buildings or other structures; and
(d)
A brief description of the project area, including:
(i)
The past and present land uses and conditions; and
(ii)
Any known construction dates for the buildings in the project area;
(3)
A description of any agricultural resources affected by the project, including:
(a)
A map of the project site identifying any areas of prime farmland by metes and bounds;
(b)
The area or acreage of prime farmland impacted by the project;
(c)
An itemized list of all conservation easements impacted by the project;
(d)
The number of acres planned for removal from agricultural production; and
(e)
The current agricultural use of the prime farmland, if applicable;
(4)
A description of the project’s effect on public safety and transportation impacts, including:
(a)
Planned measures to address impacts to public services and safety, including but not limited to fire safety and emergency vehicle traffic plans;
(b)
A description of transportation information associated with the project, including:
(i)
Construction traffic routes;
(ii)
Road permits;
(iii)
Dust control methods; and
(iv)
Road damage avoidance and mitigation;
(c)
The proximity of the project to any nearby airport and information from the Federal Aviation Administration and Maryland Aviation Administration on the impacts of the project on air navigation and any proposed mitigation; and
(d)
When applicable, an evaluation of the project’s potential radiofrequency or thermal impacts to communication systems and military operations, and any proposed mitigation;
(5)
A description of any proposals to buffer the project’s visual impacts;
(6)
A description of vegetation management plans for the project site, including:
(a)
Topographic contour grading maps;
(b)
A grounds management plan, including weed control plans;
(c)
Any inclusion of pollinator habitat; and
(d)
For solar generating stations:
(i)
An affirmative statement whether the applicant intends to apply for the pollinator-friendly solar designation, pursuant to COMAR 08.13.02; and
(ii)
An affirmative statement whether the applicant intends to incorporate agrivoltaics;
(7)
A description of the project’s effects on the local economy, including:
(a)
Person-years of employment, including direct and indirect employment, during the project’s construction phase;
(b)
Person-years of employment, including estimates of direct and indirect employment, for the 5 years immediately following the completion of the project’s construction; and
(c)
Impacts to State and local tax revenues;
(8)
A description of the project’s impacts, if any, on other applicable State, regional, and local plans or programs, including a reference to each appropriate agency or unit with authority to review, evaluate, or comment on behalf of the plan or program; and
(9)
For solar photovoltaic generating stations, a preliminary study of reflective glare impacts on adjacent public and private rights of way, non-participating occupied structures, and flight paths associated with airports within 3 miles of the project site.
C.
Where applicable, the application shall address environmental justice information in accordance with Regulation .05 of this chapter.
Regulation .05 EJSCREEN Reports.LinkCopy Citation
An application for a proposed qualifying generating station shall be accompanied by:
A.
A copy of the applicant’s EJSCREEN Standard Report, or comparable report if the EJSCREEN is unavailable, which shall be based on a 3-mile circular buffer centered at the Geographic Information System coordinates of the proposed qualifying generating station and shall include a statement of the numerical thresholds applied to generate the report as required under COMAR 20.79.01.04; and
B.
A copy of the applicant’s EJSCREEN ACS Report, which shall be based on the same 3-mile circular buffer as the EJSCREEN Standard Report and shall utilize the U.S. Census Bureau American Community Survey data available through EJSCREEN.
Regulation .06 Statement of Public Engagement and Participation Certification.LinkCopy Citation
An application for a proposed qualifying generating station shall be accompanied by a signed statement of public engagement and participation, which shall include:
A.
A description of the time, place, and manner in which the applicant held the public meeting with members of the affected communities;
B.
A description of the manner in which the applicant provided notice to the affected communities of the proposed public meeting with members of the affected communities;
C.
A copy of any meeting sign-in sheet voluntarily indicating persons of interest; and
D.
A description of any terms, incentives, or resolutions reached between the applicant and the affected communities.
Regulation .07 Condemnation.LinkCopy Citation
If the applicant is requesting authority to exercise a right of condemnation in connection with the construction of a generating station, a statement of the reasons the generating capacity is necessary to ensure a sufficient supply of electricity to customers in the State as required under Public Utilities Article, §7-207(b)(2), Annotated Code of Maryland.
Chapter 04. Details of Filing Requirements — Transmission Lines
Regulation .01 Purpose and Justification.LinkCopy Citation
A.
An application for a proposed transmission line or modification to an existing transmission line shall include:
(1)
An explanation of the need for the project in meeting demands for service;
(2)
A description of the effect of the project on system stability and reliability;
(3)
A description of the consequences if the project is delayed or not approved;
(4)
An explanation of the cost effectiveness of the project, including an estimate of capital cost and annual operating cost; and
(5)
A description of the impact of the project on the economies of the State.
B.
If requested by the Commission, an application for a proposed transmission line shall include a plan as defined under COMAR 20.79.01.02.
Regulation .02 Description of Transmission Line.LinkCopy Citation
The description of a proposed transmission line or modification to an existing transmission line shall include, to the extent feasible at the time of application, the:
A.
Engineering and construction features, including the:
(1)
Width, length, and total acreage of the right-of-way,
(2)
Line voltage,
(3)
Number of circuits,
(4)
Number of circuits per structure,
(5)
Structure type and dimensions,
(6)
Conductor configuration and size,
(7)
Nominal capacity (MVA), and
(8)
Nominal length of span between structures;
B.
Property or property right acquired or to be acquired;
C.
Access roads for construction or maintenance either existing or to be built;
D.
Location and identification of the following sites from which the project would be clearly visible:
(1)
Historical,
(2)
Institutional land,
(3)
Recreational area,
(4)
Esthetic,
(5)
Archeological,
(6)
Wildlife management area, and
(7)
Park or forest;
E.
Location and identification of all portions of the right-of-way requiring construction within the 100-year floodplain of any stream;
F.
Location and identification of any public airport 1 mile or less from the transmission line; and
G.
Depiction on suitable topographic map (minimum scale: 1 inch = 2,000 feet) of §§B—F of this regulation.
Regulation .03 Alternative Transmission Line Routes.LinkCopy Citation
A.
The description of each alternative route considered for the transmission line shall include:
(1)
An estimate of the capital and annual operating cost of each alternative route; and
(2)
A statement of the reason why each alternative route was rejected.
B.
For modifications to existing transmission lines, alternative routes need not be evaluated.
Regulation .04 Environmental Information.LinkCopy Citation
The environmental information shall include:
A.
A general description of the physical, biological, aesthetic, and cultural features, and conditions of the site and adjacent areas;
B.
A summary of the environmental and socioeconomic effects of the construction and operation of the project, including a description of the unavoidable impacts and recommended mitigation;
C.
A copy of all studies of the environmental impact of the proposed project prepared by the applicant; and
D.
A statement of the ability to conform to the applicable environmental standards.