Accokeek, Mattawoman, Piscataway Creeks Community Council, Inc. v. Public Service Commission of Maryland, et al.

Summary

The Maryland Court of Appeals reviewed the Public Service Commission’s issuance of a Certificate of Public Convenience and Necessity for Dominion Cove Point LNG’s proposed electric generating station. The court held that conditions requiring payments to greenhouse-gas-reduction and low-income energy-assistance programs were valid regulatory measures rather than unauthorized taxes. It also held that the Commission made adequate findings regarding economic benefits and that substantial evidence supported its decision.

Holdings

1. Conditions J-3 and J-4 were primarily regulatory measures, not taxes, and PSC had authority to impose them as conditions of the CPCN.
2. PSC complied with its statutory obligation to state the grounds for its decision, and its findings did not deprive AMP of due process.
3. Substantial evidence supported PSC's findings, and the Commission acted within its discretion in evaluating the available evidence concerning the generating station's economic impact.

Questions Presented

1. Whether CPCN Conditions J-3 and J-4, requiring Dominion to make payments or contributions to Maryland energy-assistance and greenhouse-gas-reduction programs, were unauthorized taxes rather than permissible regulatory conditions.
2. Whether PSC's failure to state a precise dollar amount or range for the positive economic benefits of the generating station violated statutory requirements or deprived AMP of due process.
3. Whether substantial evidence supported PSC's findings concerning the generating station's positive economic impact.

Disposition

affirmed