Md. Code Regs. 20.79.02.02

Current through Register Vol. 51, No. 25, December 13, 2024

Section 20.79.02.02 - Notice and Distribution of Application

A. The applicant shall submit to the Commission:

(1) One paper original of the application; and

(2) One electronic copy of the application, including all attachments, in the format determined by the Commission.

B. In addition to filing the application with the Commission, the applicant shall simultaneously mail or provide an electronic copy of the application to the following persons (if by mail, number of copies):

(1) The governing body and, if applicable, the executive of each county or municipal corporation in which any portion of the project will be located (one copy each);

(2) The governing body and, if applicable, the executive of each county or municipal corporation within 1 mile of the proposed location of the project (one copy each);

(3) Each member of the General Assembly representing any part of each county in which any portion of the project will be located (one copy each, if requested);

(4) Each member of the General Assembly representing any part of each county within 1 mile of the proposed location of the project (one copy each, if requested);

(5) The planning and zoning commission of each county and municipal corporation in which the project will be located (one copy);

(6) Each owner of land, and each owner of adjacent land, on which proposed transmission lines will be located (notice only);

(7) The Department of the Environment, as follows:

(a) Director, Air and Radiation Administration (one copy); and

(b) Director, Water and Science Administration (one copy);

(8) The Department of Planning (one copy);

(9) The Department of Natural Resources, as follows:

(a) Department Secretary (one copy); and

(b) Power Plant Research Program (one copy);

(10) The Department of Agriculture, Soil Conservation Committee (one copy);

(11) The Department of Business and Economic Development (one copy);

(12) The Department of Transportation (one copy);

(13) The Maryland Aviation Administration (one copy);

(14) The State Highway Administration, as follows:

(a) Administrator (one copy); and

(b) Chief of Utilities Division, Office of Construction (one copy);

(15) The U.S. Department of Interior (one copy);

(16) The Federal Energy Regulatory Commission (one copy);

(17) The Federal Aviation Administration (one copy);

(18) The Maryland Energy Administration (one copy);

(19) The Maryland Department of Health (one copy);

(20) The Maryland Historical Trust, Department of Planning (one copy);

(21) The Office of People's Counsel (one copy);

(22) The U.S. Fish and Wildlife Service (one copy);

(23) Superintendent, Shenandoah National Park (one copy);

(24) The local electric company or cooperative (one copy);

(25) The U.S. Environmental Protection Agency (one copy); and

(26) The U.S. Department of Defense (one copy).

C. The applicant shall either mail a copy or provide an electronic copy of the application to any other State or local agency that may be affected.

D. For a proposed qualifying generating station, the applicant shall send by first-class mail a letter notice of the filing of the application to all residential and business addresses within a 1-mile radius of the proposed facility site for an urban area, and within a 3-mile radius of the proposed facility site for a rural area, and the letter notification shall include:

(1) A fact sheet on the filed application, including the applicant's name and website;

(2) The type of project to be constructed and its nameplate capacity;

(3) The project's location;

(4) The assigned case number;

(5) The location at which the public may physically review the application;

(6) The applicant's designated community liaison officer;

(7) Other relevant information;

(8) The prehearing conference date;

(9) The deadline for filing petitions to intervene;

(10) A fact sheet concerning the Certificate of Public Convenience and Necessity process; and

(11) Information on how to access the applicant's EJSCREEN Reports.

E. The applicant shall place a copy of the application as filed with the Commission at the public library branch closest to the proposed site of the facility, or other locations near the proposed site of the facility that permit public access and have adequate facilities for reviewing the application.

F. For fossil fuel generating stations subject to the requirements for a Certificate of Public Convenience and Necessity under Public Utilities Article, §§ 7-207, 7-207.1, and 7-208, Annotated Code of Maryland, including those for which a waiver has been denied, the applicant shall:

(1) Post, at minimum, one large sign at the site of the proposed facility that is visible from the streets, subject to applicable local restrictions and regulations;

(2) File with the Commission, as an exhibit to its application, at least one picture of each posted sign; and

(3) For a proposed qualifying generating station, file with the Commission a signed certification of the notification mailings in accordance with §D of this regulation, along with a complete list of mailing recipient names and addresses.

Md. Code Regs. 20.79.02.02

Regulation .02 amended effective 47:24 Md. R. 1034, eff. 11/30/2020; amended effective 48:18 Md. R. 693, eff. 9/6/2021