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HARRY HUGHES, Governor
1813
electric generating plant. The sole power and
authority to approve the construction of new
electric generating plants is vested in the
Public Service Commission. Baltimore Gas and
Electric Co. v. Department of Health and Mental
Hygiene, 284 Md. 216 (1979). However, the
Department may enforce State emission standards
and air quality control rules and regulations
with respect to power plants.
2-404. PUBLIC SERVICE COMMISSION HEARINGS.
(A) RECOMMENDATION OF SECRETARY.
WHENEVER THE PUBLIC SERVICE COMMISSION NOTIFIES THE
SECRETARY OF THE PENDENCY OF AN APPLICATION FOR A
CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY UNDER
ARTICLE 78, § 54A OF THE CODE, THE SECRETARY SHALL PREPARE
A RECOMMENDATION FOR IN CONNECTION WITH THE PERMIT OR
REGISTRATION REQUIRED BY THIS SUBTITLE, THE RECOMMENDATION
SHALL BE PRESENTED AT THE HEARING REQUIRED BY THAT SECTION.
THE RECOMMENDATION SHALL BE BASED ON THE SAME CONSIDERATIONS
AS IF THE APPLICATION WERE FOR A PERMIT UNDER THE RULES AND
REGULATIONS ADOPTED UNDER § 2-401 OF THIS SUBTITLE ARTICLE
78, § 54A OF THE CODE.
(B) PUBLIC SERVICE COMMISSION DECISION.
SUBJECT TO JUDICIAL REVIEW AS PROVIDED UNDER ARTICLE
78, §§ 89 THROUGH 98 OF THE CODE, THE DECISION OF THE PUBLIC
SERVICE COMMISSION IN CONNECTION WITH A CERTIFICATE OF
PUBLIC CONVENIENCE AND NECESSITY IS BINDING ON THE
SECRETARY.
REVISOR'S NOTE: This section is new language derived
without substantive change from the third through
fifth sentences of former Article 43, § 706(a).
In subsection (b) of this section, "Article 78,
§§ 89 through 98" is substituted for "Article 78,
§ 91, subsection (a)", for accuracy.
SUBTITLE 5. TEMPORARY FUEL VARIANCES.
2-501. IN GENERAL.
ON A CASE-BY-CASE BASIS, THE DEPARTMENT MAY GRANT A
TEMPORARY FUEL VARIANCE TO ANY PERSON WHO IS UNABLE TO
OBTAIN THE TYPE OF FUEL REQUIRED TO COMPLY WITH ANY RULE,
REGULATION, OR ORDER ADOPTED OR ISSUED UNDER THIS TITLE.
REVISOR'S NOTE: This section is new language derived
without substantive change from former Article
43, § 698A(a).
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