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ROBERT L. EHRLICH, JR., Governor Ch. 156
Article - Public Utility Companies
1-101.
(r) "On-site generated electricity" means electricity that:
(1) is not transmitted or distributed over an electric company's
transmission or distribution system; or
(2) is generated at a facility owned or operated by an electric customer or
operated by a designee of the owner who, with the other tenants of the facility,
consumes at least 80% of the power generated by the facility each year.
7-207.1.
(a) This section applies to a person who [constructs]:
(1) CONSTRUCTS a generating station designed to provide on-site
generated electricity if:
[(1)](I) the capacity of the generating station does not exceed 70
megawatts; and
[(2)] (II) the electricity that may be exported for sale from the generating
station to the electric system is sold only on the wholesale market pursuant to an
interconnection, operation, and maintenance agreement with the local electric
company; OR
(2) CONSTRUCTS A GENERATING STATION IF:
(I) THE CAPACITY OF WHICH THE GENERATING STATION DOES
NOT EXCEED 25 MEGAWATTS; AND
(II) BY WHICH AT LEAST 10% OF THE ELECTRICITY GENERATED
EACH YEAR IS CONSUMED ON SITE.
(II) THE ELECTRICITY THAT MAY BE EXPORTED FOR SALE FROM
THE GENERATING STATION TO THE ELECTRIC SYSTEM IS SOLD ONLY ON THE
WHOLESALE MARKET PURSUANT TO AN INTERCONNECTION, OPERATION, AND
MAINTENANCE AGREEMENT WITH THE LOCAL ELECTRIC COMPANY; AND
(III) AT LEAST 10% OF THE ELECTRICITY GENERATED AT THE
GENERATING STATION EACH YEAR IS CONSUMED ON-SITE.
(b) (1) The Commission shall require a person that is exempted from the
requirement to obtain a certificate of public convenience and necessity to obtain
approval from the Commission under this section before the person may construct a
generating station described in subsection (a) of this section.
(2) An application for approval under this section shall:
(i) be made to the Commission in writing on a form adopted by the
Commission;
(ii) be verified by oath or affirmation; and
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