20.79.01.02

.02 Definitions.

A. In this subtitle, the following terms have the meanings indicated.

B. Terms Defined.

(1) "Aesthetic site" means a site whose aesthetic nature is:

(a) Of general public interest; or

(b) Officially recognized by a local, state, or federal agency charged with responsibility to oversee the protection of the environment.

(2) Applicant.

(a) "Applicant" means a person applying for a Certificate of Public Convenience and Necessity to construct or modify an electric generating station including its associated transmission line, if applicable, or for an exemption from the requirement to obtain a Certificate of Public Convenience and Necessity to construct a generating station.

(b) "Applicant" also means an electric company applying for a Certificate of Public Convenience and Necessity to construct or modify an overhead transmission line.

(3) "Application" means a request for:

(a) A Certificate of Public Convenience and Necessity for the construction of an electric generating station including its associated transmission line, if applicable, or overhead transmission line under Public Utilities Article, §§7-207 and 7-208, Annotated Code of Maryland;

(b) A Certificate of Public Convenience and Necessity and any other approvals necessary to begin a modification to an electric generating station or an existing overhead transmission line under Public Utilities Article, §7-205, 7-206, 7-207, or 7-208, Annotated Code of Maryland; or

(c) An exemption from the requirement to obtain a Certificate of Public Convenience and Necessity for the construction of a generating station under Public Utility Companies Article, §7-207.1, Annotated Code of Maryland.

(4) "Approval" as used in Public Utilities Article, §7-205, Annotated Code of Maryland, means a Certificate of Public Convenience and Necessity issued under Public Utilities Article, §§7-207 and 7-208, Annotated Code of Maryland.

(5) "Archeological site" means a site yielding artifacts, structural remains, or evidence of occupation or use before the year 1900 as designated by the State Archeologist for the Maryland Geological Survey or by another agency or government unit with responsibility for archeological sites.

(6) "Associated transmission line" means a transmission line that is necessary to transport the electric output of the generating station to the electric system.

(7) Commence.

(a) "Commence" with respect to a modification means, in general, initiation of physical on-site construction activities that are of a permanent nature, including installation of building supports and foundations, laying of underground pipework, and construction of permanent storage structures.

(b) "Commence" with respect to a change in the method of operation, means those on-site activities other than preparatory activities that mark the initiation of the change.

(8) Construction.

(a) "Construction" has the meaning stated in Public Utilities Article, §7-207, Annotated Code of Maryland.

(b) "Construction" does not mean a change needed for temporary use of a site or route for a nonutility purpose or for use in securing geological data, including borings necessary to ascertain foundation conditions.

(9) "Demand" means the rate of consumption of electricity.

(10) "Electric company" has the meaning stated in Public Utilities Article, §1-101, Annotated Code of Maryland.

(11) Generating Station.

(a) "Generating station" means property or facilities located in Maryland constituting an integral plant or unit for the production of electric energy, including any new production unit that would be added to an existing production plant.

(b) “Generating station” does not include an integral plant or unit less than or equal to 2,000 kilowatts if it is installed with equipment that prevents the flow of electricity to the electric system during time periods when the electric system is out of service.

(12) "Historic site" means a site registered by the:

(a) Maryland Historical Trust;

(b) National Register of Historic Places;

(c) National Register of Natural Landmarks;

(d) Register of National Historic Landmarks; or

(e) National Trust for Historic Preservation.

(13) "Linear facilities" means ancillary components of a generating station that may have environmental or land use impacts in Maryland, including:

(a) A pipeline for the delivery of fuel or cooling water; and

(b) An associated transmission line.

(14) Modification.

(a) "Modification" to an electric generating station has the meaning stated in Public Utilities Article, §7-205, Annotated Code of Maryland.

(b) "Modification" to an existing overhead transmission line means:

(i) Obtaining new real property or additional rights-of-way through eminent domain; or

(ii) Construction requiring larger or higher structures to accommodate increased voltage or larger conductors.

(c) "Modification" includes any clean air modification under Public Utilities Article, §7-206, Annotated Code of Maryland.

(15) "On-site generated electricity" has the meaning stated in Public Utilities Article, §1-101, Annotated Code of Maryland.

(16) "Person" has the meaning stated in Public Utilities Article, §1-101, Annotated Code of Maryland.

(17) "Plan" means a comprehensive and interrelated set of actions for meeting forecasted electric demand for the 10-year period from the date of the application.

(18) "Project" means a proposed generating station, including linear facilities, generating station modification, transmission line, or modification to an existing transmission line.

(19) "Public airport" includes a privately owned airport as defined in Public Utilities Article, §7-207, Annotated Code of Maryland.

(20) "Regulated pollutant" means:

(a) Any pollutant for which a federal or the State ambient air quality standard has been promulgated, and any identified constituent or precursor pollutants regulated under an ambient air quality standard;

(b) Any pollutant that is subject to any standard promulgated under 42 U.S.C. §7411;

(c) Any Class I or Class II substance that is subject to a standard promulgated under Title VI of the Clean Air Act, 42 U.S.C. §7671 et seq.; or

(d) Any other pollutant that is otherwise subject to regulation under the Clean Air Act, 42 U.SC. §7401 et seq. or Environment Article, Title 2, Annotated Code of Maryland, except that any or all hazardous air pollutants either listed in 42 U.S.C. §7412 or added to the list under 42 U.S.C. §7412(b) are not regulated pollutants unless the listed hazardous air pollutant is also regulated as a constituent precursor of a general pollutant listed under 42 U.S.C. §7408.

(21) "Transmission line" means property or facilities constructed in Maryland as an overhead transmission line designed to carry a voltage in excess of 69,000 volts.