Hearings and the Decision Process

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The hearings and decision process for a Certificate of Public Convenience and Necessity (CPCN) in Maryland involves structured proceedings to review applications and gather input from various stakeholders, including statutory parties, intervenors, and the public. Below is a detailed overview of the key stages:

1. Pre-Hearing Conference

• Purpose:
  • Establish a procedural schedule for the case, including deadlines for filing       testimony and dates for evidentiary and public comment hearings.
  • Discuss the number and timing of public comment hearings.
• Participants:
  • Statutory parties (e.g., Power Plant Research Program (PPRP), Maryland Office of People’s Counsel, PSC Technical Staff), intervenors, and the applicant.
• Output: A formal notice of the procedural schedule is issued by the PSC.

2. Public Comment Hearings

• Purpose: Allow the public to voice opinions, concerns, or support for the proposed project.
• Format:
  • May be held in person in the affected area, virtually, or as a hybrid. Note: The PSC has indicated they will have public comment hearings in each of the three counties. 
  • The public can provide oral statements during the hearing.
  • Written comments can also be submitted through the PSC website or by mail.
• Structure:
  • A court reporter is present to prepare a transcript.
  • The applicant typically provides a brief project overview.
  • Members of the public take turns making comments, often within a time limit.
• Recording: Hearings are livestreamed and recordings are made available on the PSC’s or Public Utility Law Judge (PULJ) Division’s YouTube channels.
• Role of PSC or PULJ: They listen to comments but do not respond during the      hearing to maintain impartiality.

3. Evidentiary Hearing

• Purpose:
  • A formal review of evidence and arguments presented by all parties.
• Format:
  • Typically held at the PSC’s Baltimore offices.
  • Only formal parties (e.g., applicant, intervenors, statutory parties) can       participate actively.
• Structure:
  • Witnesses are called to testify on technical, environmental, economic, and       community impacts.
  • Witnesses are subject to cross-examination by other parties and the presiding officer.
• Public Role: Members of the public can attend as observers but cannot      participate unless they are formal parties to the case.
• Recording: The hearing is livestreamed and archived on the PSC’s YouTube channel.

4. Post-Hearing Process

• Briefing Schedule: After the evidentiary hearing, a schedule is set for parties      to file written briefs summarizing their positions and evidence.
• Proposed Order (if applicable):
  • If a PULJ presides, they issue a proposed order summarizing findings and       making recommendations.
  • Parties can appeal the proposed order to the PSC within a 30-day window.
• Final PSC Decision:
  • If no appeal is filed, the proposed order becomes the final order.
  • If appealed, the PSC reviews the issues and issues its own final order.
• Judicial Review: Dissatisfied parties (other than PSC staff) can seek judicial review in the Circuit Court of Baltimore City or the circuit court in the      project area.

5. Decision Timeline

• According to COMAR 20.79.01.07, the PSC aims to render a decision on a CPCN application for an electric generating station within 365 days of the      application’s completeness determination, unless otherwise directed.

Key Participants in Hearings and Decisions

• Statutory Parties:
  • Power Plant Research Program (PPRP): Provides expert testimony on       environmental, economic, and aesthetic aspects.
  • Maryland Office of People’s Counsel: Represents residential ratepayers.
  • PSC Technical Staff: Focuses on grid reliability and technical compliance.
• Intervenors: Formal parties who can provide testimony, cross-examine witnesses, and submit briefs.
• Public: Can contribute through comments but do not have formal decision-making influence unless they are intervenors.