In re Frederick County

The Maryland Court of Special Appeals rejected Frederick County’s challenge to a Certificate of Public Convenience and Necessity granted by the Maryland Public Service Commission for a 20 megawatt solar energy generating system. The court disagreed with the County’s contention that the Commission did not give “due consideration” to the project’s consistency with the County’s comprehensive plan and zoning, as required by Maryland’s Public Utilities Article. The court noted that the Commission concluded that the four goals in the comprehensive plan regarding air quality, clean energy, greenhouse gas neutrality, and energy independence were consistent with the solar facility’s development in the County. The court also concluded that the Commission had preemptive authority and did not abuse its discretion in exercising that authority.

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