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Ch. 630 2006 LAWS OF MARYLAND
(ii) If a person obtains Commission approval for construction under
§ 7-207.1 of this subtitle, the Commission shall exempt a person from the
requirement to obtain a certificate of public convenience and necessity under this
section.
(2) Unless a certificate of public convenience and necessity for the
construction is first obtained from the Commission, and the Commission has found
that the capacity is necessary to ensure a sufficient supply of electricity to customers
in the State, a person may not exercise a right of condemnation in connection with the
construction of a generating station.
(3) Unless a certificate of public convenience and necessity for the
construction is first obtained from the Commission, an electric company may not
begin construction of an overhead transmission line that is designed to carry a voltage
in excess of 69,000 volts or exercise a right of condemnation with the construction.
(c) (1) On receipt of an application for a certificate of public convenience and
necessity under this section, the Commission shall provide notice to the Department
of Planning and to all other interested persons.
(2) The Department of Planning shall forward the application to each
appropriate State unit and unit of local government for review, evaluation, and
comment regarding the significance of the proposal to State, area-wide, and local
plans or programs.
(d) (1) The Commission shall provide an opportunity for public comment
and hold a public hearing on the application for a certificate of public convenience and
necessity in each county and municipal corporation in which any portion of the
construction of a generating station or of an overhead transmission line designed to
carry a voltage in excess of 69,000 volts is proposed to be located.
(2) The Commission shall hold the public hearing jointly with the
governing body of the county or municipal corporation in which any portion of the
construction of the generating station or overhead transmission line is proposed to be
located, unless the governing body declines to participate in the hearing.
(3) Once in each of the 4 successive weeks immediately before the
hearing date, the Commission shall provide weekly notice of the public hearing and
an opportunity for public comment by advertisement in a newspaper of general
circulation in the county or municipal corporation affected by the application.
(4) (i) The Commission shall ensure presentation and
recommendations from each interested State unit, and shall allow representatives of
each State unit to sit during hearing of all parties.
(ii) The Commission shall allow each State unit 15 days after the
conclusion of the hearing to modify the State unit's initial recommendations.
(e) The Commission shall take final action on an application for a certificate
of public convenience and necessity only after due consideration of:
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