Md. Code Regs. 20.79.01.05 - Pre-Application Consultation Requirement for Generating Stations

A. A minimum of 90 days prior to filing an application for a Certificate of Public Convenience and Necessity for the construction of a generating station, an applicant shall take the following steps to engage and consult with the county or municipal corporation in which any portion of the project is proposed to be located:

(1) Submit to the affected county or municipal corporation the following:

(a) A draft environmental review document in accordance with COMAR 20.79.03.02-.04;

(b) A properly sized conceptual site plan for the project in accordance with COMAR 20.79.03.01;

(c) Where available for download on the Commission's website, informational materials describing the Certificate of Public Convenience and Necessity process and the process for intervention; and

(d) A request for a meeting, and the applicant shall make a good faith effort to meet with the staff of the affected county or municipal corporation; and

(2) Request from the affected county or municipal corporation a preliminary report containing the following:

(a) A statement or finding whether the proposed project is consistent with the current comprehensive plan of the county or municipal corporation;

(b) A statement or finding whether the proposed project is consistent with the current zoning ordinance of the county or municipal corporation; and

(c) Suggestions for improving or modifying the application prior to submission of the application with the Commission.

B. If the applicant makes any material changes to the project as submitted under this regulation or as submitted to the Commission under Regulation .06 of this chapter, the applicant shall provide notice of the changes to the county or municipal corporation in which any portion of the project is proposed to be located.

C. The applicant shall file with the Commission any preliminary report or other updated information received from the county or municipal corporation in which any portion of the project is proposed to be located.

D. The applicant shall, no later than 45 days prior to filing an application for a Certificate of Public Convenience and Necessity for the construction of a generating station, meet with the staff of the Department of Natural Resources Power Plant Research Program to provide an overview of the proposed project.

Notes

Md. Code Regs. 20.79.01.05

Regulation .05 amended and recodified from .04 effective 47:24 Md. R. 1034, eff. 11/30/2020; amended and recodified to .06 effective 48:18 Md. R. 693, eff. 9/6/2021