WILLIAM DONALD SCHAEFER, Governor Ch. 540

As used in this section and § 54B herein, the term
"construction" is defined to include any clearing of land,
excavation, or other action that would affect the natural
environment of the site or route of bulk power supply facilities,
but does not include changes needed for temporary use of sites or
routes for nonutility purposes, or uses in securing geological
data, including necessary borings to ascertain foundation
conditions.

54B.

(a) After July 1, 1972, an electric company, as defined in
Article 78, § 2(f), in order to obtain the certificate of public
convenience and necessity as required by § 54A of this article
for construction to begin after July 1, 1974, shall file the
application for the certificate with the Public Service
Commission at least two years prior to commencement of
construction of an electric generating station and its associated
overhead transmission lines designed to carry a voltage in excess
of 69,000 volts, or exercising the right of eminent domain in
connection to it. This two year provision may be waived by the
Commission for good cause shown. The application shall contain
such information as the Commission requests and the company shall
also furnish the Commission such information as it may further
request from time to time. On receipt of the application and
information, the Commission shall notify all interested persons
including the following Maryland agencies: the Department of
Natural Resources, Department of the Environment, Department of
Transportation, Department of Economic and Employment
Development, Department of Agriculture, and [Department] OFFICE
of [State] Planning. After receipt of all information, and as
the Commission deems necessary and after publication as the
Commission deems proper, the Commission at the public hearing
required by § 54A shall insure presentation of the information
and recommendations from these agencies, shall permit the
official representative of the agencies to sit during hearing of
all parties and, based on evidence relating to their areas of
concern, shall allow the agencies 15 days, after conclusion of
the hearing, to modify, affirm, or amend their initial
recommendations. Within 90 days after the hearing the Commission
shall grant or deny the permit or grant it subject to such
conditions as it may find appropriate, and notify all interested
parties. The decision shall be by a majority of the members of
the Commission and in any instance requiring a conditional permit
failure to reach majority agreement on the conditions to be
attached shall result in a denial. The granting of the
certificate shall also constitute authority to dredge and
construct bulkheads in the waters or private wetlands of the
State and to appropriate or use such waters. In addition, the
certificate shall also constitute registration and a permit, as
required under Title 2, Subtitle 4 of the Environment Article for
the air emissions, if any, resulting from the operation of the
plant.

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