The Certificate of Public Convenience and Necessity (CPCN) process in Maryland, as overseen by the Maryland Public Service Commission (PSC), involves several key stages for approval of projects like generating stations, transmission lines, and other qualifying energy infrastructure. Here's a summary of the process:
When a CPCN is Required
A CPCN is needed for:
- Generating stations or transmission lines over 69 kV.
- Projects exercising the right of condemnation for construction.
- Specific renewable energy projects like qualified submerged renewable energy lines.
Pre-Application Steps
- Notification: Notify the PSC and Power Plant Research Program (PPRP) at least 90 days before filing.
- Community Engagement: Engage with affected communities to educate and solicit feedback. A statement detailing public engagement efforts must be included.
- Consultation with Local Governments: Consult with the relevant county or municipality and provide updates if project plans change.
- Preliminary Meetings: Meet with the PPRP to present an overview of the project.
Application Submission
- Applications must follow specific regulatory guidelines (COMAR 20.79.01 and 20.79.04).
- Include details like project descriptions, environmental impacts, alternative routes (for transmission lines), and community feedback.
- A $10,000 filing fee is required.
Proceeding Initiation
- The PSC reviews the application for completeness.
- Public notices are issued, and the applicant must ensure notices are published online, in newspapers, and on social media.
- Public comment hearings are scheduled.
Public Participation
- Interested parties can file petitions to intervene or submit public comments, either orally during hearings or in writing.
- Public hearings may be held in person or virtually and are recorded.
Hearings and Decision
- Pre-Hearing Conference: Schedules are set for testimony and evidentiary hearings.
- Evidentiary Hearing: Witnesses present evidence, and parties can cross-examine.
- Post-Hearing Process: Decisions may involve a proposed order (appealable to the PSC) or a final PSC order. Judicial reviews can be sought in circuit courts.
Decision Timeline
- Decisions are generally rendered within 365 days of a complete application filing.
For participation, individuals and entities can:
- File motions to intervene as a party.
- Register as an "interested person" to receive updates.
- File public comments online or via mail