Dominion Cove Point LNG, LP, the owner and operator of a liquefied natural gas (LNG) terminal, applied to FERC and the Maryland Public Service Commission (PSC) for authorization to expand the terminal into a facility that could both import and export LNG. Because the expansion project included the proposed construction of a 130-megawatt electric generating station, PSC approval, through the grant of a Certificate of Public Convenience and Necessity (CPCN), was required. Petitioner, a consortium dedicated to protecting local waterways, was allowed to intervene in the proceeding to oppose Dominion’s application. PSC granted the CPCN subject to approximately 200 conditions. The circuit court and court of special appeals affirmed. The Court of Appeals affirmed, holding (1) two of the conditions imposed by PSC in its grant of the CPCN did not constitute taxes or mandatory payments; (2) Petitioner’s argument that PCS’s alleged failure to identify the value it assigned to positive economic value in favor of the CPCN prevented Petitioner from effectively challenging the PSC decision was without merit; and (3) PSC’s valuation of the economic benefit created by the generating station was supported by substantial evidence in the record. View "Accokeek, Mattawoman, Piscataway Creeks Community Council, Inc. v. Public Service Commission" on Justia Law
Developer Eastern Petroleum Company sought the necessary approvals for the proposed expansion of a gas station from the appropriate local agencies, each of which held public hearings. The respondents, a group of nearby residents (citizens), appeared in opposition at the agency level. After the hearings the local agencies granted both zoning approvals. The district council elected to review the zoning decisions, but before any review proceedings, the council withdrew its election to review the local decisions and declared the agency decisions final. The citizens filed an action for judicial review of the council's decision in the circuit court, which dismissed the action. On appeal, the court of special appeals reversed and remanded. At issue was whether the withdrawal of election to review was a final decision and whether the administrative exhaustion requirement precluded the citizens' claim. The Supreme Court affirmed the judgment of the court of special appeals, holding that (1) the citizens were eligible to seek review of the council decision, (2) the citizens exhausted their administrative remedies by appearing at the agency hearings, and (3) the district council may not withdraw its election to review and finalize the local agency decisions without following the statutory procedure to review.
Posted in: Energy, Oil & Gas Law, Government & Administrative Law, Maryland Court of Appeals, Zoning, Planning & Land Use