Clipper Windpower, Inc. v. Sprenger, 399 Md. 539

Summary

The Maryland Court of Appeals held that only a party in interest—meaning a person or entity that properly intervened and became a party to the Public Service Commission proceeding—may seek rehearing under Maryland Public Utility Companies Article § 3-114. The court distinguished that requirement from § 3-202(a), which permits a party or person in interest to seek judicial review. Because the respondents did not timely become parties or timely seek rehearing, their petitions for judicial review were untimely.

Holdings

1. Only a party in interest may seek rehearing under Public Utility Companies Article § 3-114(c), and a person must timely apply for and be granted intervention under § 3-106 to become a party eligible to seek rehearing.
2. Because no party in interest filed a proper and timely rehearing application, Friends' request did not stay or extend the time for filing petitions for judicial review.
3. The respondents' petitions for judicial review were untimely because they were not filed within thirty days after the Commission's March 26, 2003 final order.

Questions Presented

1. Whether a person must timely intervene and be granted party status under Public Utility Companies Article § 3-106 before qualifying as a party in interest entitled to seek rehearing under § 3-114(c).
2. Whether an invalid rehearing request filed on behalf of a nonparty could toll the deadline for the respondents' petitions for judicial review.
3. Whether the respondents' petitions for judicial review were timely under Public Utility Companies Article § 3-202 and Maryland Rule 7-203.

Disposition

reversed_and_remanded