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Ch. 163
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Martin O'Malley, Governor
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[(i)] 1. the capacity of the generating station does not
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exceed 70 megawatts; and
[(ii)] 2. 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
(II) THAT PRODUCES ELECTRICITY FROM WIND IF:
1. THE GENERATING STATION IS LAND-BASED;
2. THE CAPACITY OF THE GENERATING STATION
DOES NOT EXCEED 70 MEGAWATTS;
2.3. 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
3.4. THE COMMISSION PROVIDES AN OPPORTUNITY
FOR PUBLIC COMMENT AT A PUBLIC HEARING AS PROVIDED IN SUBSECTION (E)
OF THIS SECTION; OR
(2) constructs a generating station if:
(i) the capacity of the generating station does not exceed 25
megawatts;
(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:
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- 1313-
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