Maryland Code § NR-3-304

Section NR-3-304
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In cooperation with the Public Service Commission, the Maryland Energy
Administration, and the Secretary of the Environment, the Secretary shall
implement a long-range environmental evaluation of power plant building sites
projected for at least 10 years. To facilitate providing adequate electric power on
reasonable schedules at reasonable costs with the least possible depreciation of the
quality of Maryland's environment, the following responsibilities and procedures are
set forth:
(1) The Public Service Commission shall assemble and evaluate
annually the long-range plans of Maryland's public electric companies regarding
generating needs and means for meeting those needs. Beginning January 1, 1972, the
Chairman of the Public Service Commission shall forward annually to the Secretary
a ten-year plan of possible and proposed sites, including associated transmission
routes, for the construction of new electric power plants within the State and
extensions of existing plants.
(2) Upon receipt of a ten-year plan from the Public Service
Commission, the Secretary with the advice of the Secretary of the Environment and
the Director of the Maryland Energy Administration and in accordance with
paragraph (1) of this section and § 7-201 of the Public Utilities Article, shall prepare
and submit, within 180 days a preliminary environmental statement on each possible
and proposed site, including associated transmission routes. The statement, on the
basis of the environmental research program, shall include but not be limited to the
following considerations:
(i) The environmental impact at the proposed site;
(ii) Any adverse environmental effects which cannot be
avoided if the proposed site is accepted;
(iii) Possible alternatives to the proposed site;
(iv) Any irreversible and irretrievable commitments of
resources which would be involved at the proposed site if it is approved;

(v) Where appropriate, a discussion of problems and objections
raised by other State and federal agencies and local entities;
(vi) A plan for monitoring environmental effects of the
proposed action and provision for remedial actions if the monitoring reveals
unanticipated environmental effects of significant adverse consequences; and
(vii) The ability to adequately provide emergency response
plans to residents if a nuclear power plant is considered for location at a site.
The Secretary shall state to the Public Service Commission which possible and
proposed sites, based on preliminary environmental statement, justify an unsuitable
classification. Unless the electric company whose proposed site is involved offers the
Secretary substantial evidence to the contrary, the site shall be deleted from the plan.
The site may be included in a subsequent ten-year plan.
(3) The Secretary with the advice of the Director of the Maryland
Energy Administration and the Secretary of the Environment shall initiate a detailed
investigation of any site proposed in the ten-year plan which appears desirable or
acceptable on the basis of preliminary environmental statements. With respect to any
site in the plan on which authorized construction has not commenced by July 1, 1974,
at least two years before construction is estimated to begin and if the preponderance
of newly offered scientific evidence does not justify a revised classification as
unsuitable, the Secretary shall publish a detailed environmental statement on the
site. The statement shall consider and include information developed in the program
outlined in § 3-303 of this subtitle.
(4) The Secretary, with the advice of the Director of the Maryland
Energy Administration, the Secretary of the Environment and the Secretary of
Planning, shall publish on a biennial basis, commencing July 1, 1972, a cumulative
environmental impact report on all electric power plants operating in the State. The
report shall include a section specifying the changes that can occur as additional
electric power plants are constructed in accordance with the ten-year plan. It shall
include recommendations to the Governor which delineate State environmental
policy and objectives. The Secretary of Planning and the Director of the Maryland
Energy Administration shall jointly include a section devoted exclusively to the
question of growth and the specific growth related factors which necessitate specific
additional increments of electric energy by development of a site in the ten-year plan.
In preparing this section, they shall consider the projected estimates and
recommendations of electric company representatives.

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