WILLIAM DONALD SCHAEFER, Governor Ch. 566

service territory of an electric company and the transfer of any franchise or right
thereunder would be in the public interest; and establishing a procedure by which
a municipal corporation can may acquire existing electric plants within annexed
areas.

BY adding to

Article 78 - Public Service Commission Law

Section 53(c) and (d)

Annotated Code of Maryland

(1988 Replacement Volume and 1989 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article 78 - Public Service Commission Law

53.

(C) A MUNICIPAL CORPORATION MAY ACQUIRE THE EXCLUSIVE
RIGHT TO SUPPLY ELECTRICITY WITHIN AN AREA ANNEXED BY THE
MUNICIPAL CORPORATION IF:

(1) THE BOUNDARIES OF THE MUNICIPAL CORPORATION ARE
ENLARGED BY ANNEXATION;

(2) (I) A PETITION IS FILED WITH THE COMMISSION SEEKING
APPROVAL TO ACQUIRE THE EXCLUSIVE RIGHT TO SUPPLY
ELECTRICITY WITHIN THE ANNEXED AREA;

(II) A COPY OF THE PETITION IS PROVIDED TO ANY
ELECTRIC COMPANY WHOSE SERVICE TERRITORY OR ELECTRIC PLANT
WILL BE AFFECTED; AND

(III) ACCOMPANYING THE PETITION IS A COPY OF THE
AMENDMENT TO THE MUNICIPAL CORPORATION CHARTER DESCRIBING
THE AREA ANNEXED AND A DESCRIPTION OF THE SERVICE TERRITORY,
PLANT, EQUIPMENT, AND CUSTOMERS OF ANY ELECTRIC COMPANY
THAT IS LIKELY TO BE AFFECTED BY THE ANNEXATION; AND

(3) THE COMMISSION DETERMINES THAT THE MODIFICATION
OF THE SERVICE TERRITORY OF AN ELECTRIC COMPANY AND THE
TRANSFER OF ANY FRANCHISE OR RIGHT THEREUNDER IS IN THE
PUBLIC INTEREST.

(D) (1) A MUNICIPAL CORPORATION THAT ACQUIRES THE
EXCLUSIVE RIGHT UNDER SUBSECTION (C) OF THIS SECTION SHALL MAY
ACQUIRE THE EXISTING INSTALLED FACILITIES OF ALL OTHER
ELECTRIC COMPANIES WITHIN THE ANNEXED AREA THAT ARE USED
SOLELY FOR THE SUPPLY OF ELECTRICITY TO THE ANNEXED AREA BY
THE EXERCISE OF THE RIGHT OF EMINENT DOMAIN.

- 2507 -