ROBERT L. EHRLICH, JR., Governor                              Ch. 99

Section 3-201

Annotated Code of Maryland

(1998 Volume and 2003 Supplement)

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

Article - Public Utility Companies

3-201.

(a) (1) A PETITION FOR DECLARATORY JUDGMENT CHALLENGING THE
VALIDITY OF A REGULATION OF THE COMMISSION MUST BE FILED WITHIN 30 DAYS
AFTER THE FINAL REGULATION IS PUBLISHED IN THE MARYLAND REGISTER

(2) (I) The [validity] APPLICATION NOTWITHSTANDING § 10-120 OF
THE STATE GOVERNMENT ARTICLE, THE VALIDITY of a regulation of the Commission
may be determined on a petition for declaratory judgment whenever it appears that
SHALL BE CHALLENGED IN ACCORDANCE WITH § 10-125 OF THE STATE
GOVERNMENT ARTICLE, [the regulation, or] its application[,] actually or potentially
interferes with or impairs the legal rights or privileges of the petitioner.

(II) A PETITION CHALLENGING THE APPLICATION OF A
REGULATION MUST BE FILED WITHIN 30 DAYS AFTER THE COMMISSION ISSUES THE
DECISION THAT DETERMINED THE CHALLENGED APPLICATION.

[(2) A court may render a declaratory judgment in accordance with
paragraph (1) of this subsection whether or not the petitioner has first asked the
Commission to determine the validity of the regulation in question.]

(B) NOTWITHSTANDING SUBSECTION (A) OF THIS SECTION;

(1) A PARTY TO A COMMISSION PROCEEDING MUST

(B)     A PARTY TO A COMMISSION PROCEEDING, A PERSON THAT HAS BEEN
GRANTED INTERVENTION IN A COMMISSION PROCEEDING, OR A PERSON THAT HAS
BEEN ORDERED TO PARTICIPATE IN A COMMISSION PROCEEDING THAT SEEKS TO
CHALLENGE A DECISION BY THE COMMISSION TO ACT BY ORDER RATHER THAN
REGULATION SHALL SEEK JUDICIAL REVIEW OF THE COMMISSION'S DECISION TO
ACT BY ORDER RATHER THAN REGULATION WITHIN 30 DAYS AFTER THE
COMMISSION ISSUES A FINAL ORDER IN THAT PROCEEDING; AND.

(C)     NOTWITHSTANDING ANY PROVISION OF THE ADMINISTRATIVE
PROCEDURE ACT, AN ORDER OF THE COMMISSION ISSUED ON OR BEFORE JUNE 30,
2000 IN A GENERIC OR QUASI-LEGISLATIVE PROCEEDING, THAT IS NOT THE SUBJECT
OF A JUDICIAL PROCEEDING PENDING AS OF JUNE 1, 2004, IS NOT INVALID OR
UNENFORCEABLE AS A RESULT OF THE ORDER MEETING THE DEFINITION OF A
REGULATION UNDER § 10-101 OF THE STATE GOVERNMENT ARTICLE.

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