2832

LAWS OF MARYLAND

Ch. 745

one or more informational meetings and one public hearing in the
legislative district where the proposed site or sites are
located. The Secretary holds the property in the name of the
State and may not permit its temporary use for any purpose which
might logically be expected to impede its prompt availability for
power plant siting as and when needed. Temporary uses which the
Secretary may authorize may include but are not limited to public
recreational facilities, including open space areas, parks,
forests and beaches, fish and wildlife refuges and other public
recreational uses as authorized within this article. The
Secretary may not hold, at any one time, more than eight sites,
suitable for either single or multiple power plant siting.
[Except as provided in paragraph (2) of this subsection, the
Secretary shall acquire within a reasonable time at least one
suitable site for each electric company having a peak demand
within the State of more than 1000 MW.

(2) The Secretary shall not be required to purchase
any additional sites on behalf of an electric utility having a
peak demand within the State in excess of 1000 MW if:

(i) The utility owns 2 sites in Maryland which
may support the construction of electric generating facilities,
including any site which is capable of supporting additions to
existing electric generating facilities;

(ii) The utility has listed the sites as
possible or proposed sites in the long-range plan assembled by
the Public Service Commission under Article 78, Section 54B(b);

(iii) The Secretary has submitted a preliminary
environmental statement on each site in accordance with Section
3-304(2) of this subtitle and has not stated that either site
should be classified as unsuitable; and

(iv) The utility has not obtained a certificate
of public convenience and necessity from the Public Service
Commission for the construction of electric generating facilities
which fully utilize the capabilities of either site.]

Article 78 - Public Service Commission Law

54B.

(e) [For public service companies whose peak demand within
the State is less than l000mw, the] THE Public Service Commission
[shall] MAY request the Secretary of Natural Resources to
purchase a power plant site as provided in Subtitle 3 of Title 3
of the Natural Resources Article upon [a petition by the
Secretary of Natural Resources or the Secretary of State
Planning] ITS OWN MOTION, and a finding by the Public Service
Commission that such a site is needed.

(1) The finding of the Public Service Commission
shall be made only after public notice and hearing. Said hearing