Md. Code Regs. 20.50.14.09
Stakeholder Engagement and Participation Requirements for Front-Of-The-Meter Energy Storage Devices.
Effective Mar 30, 202652:6 Md. R. 292Public Utilities Article, §§1-101, 2-113, 2-121, 7-207, 7-216, 7-216.1, 7-219, 7–1001, and 7-1005, Annotated Code of Maryland
A. General Stakeholder Engagement and Participation Requirements Under Public Utilities Article, §7-219(c) and (d), Annotated Code of Maryland.
(1) The applicant or electric company, for a utility-owned energy storage device, shall provide immediate notice to affected communities on submission of an application for approval of the construction of a front-of-the-meter energy storage device to:
- (a) The governing body of each county or municipal corporation in which any portion of the energy storage device is to be constructed;
- (b) The governing body of each county or municipal corporation within 1 mile of the proposed location of the energy storage device;
- (c) Each member of the General Assembly representing any part of a county in which any portion of the energy storage device is proposed to be constructed;
- (d) Each member of the General Assembly representing any part of a county within 1 mile of the proposed location of the energy storage device; and
- (e) The affected communities that are within 1 mile of the proposed location of the energy storage device.
(2) The applicant or electric company, for a utility-owned energy storage device, shall:
- (a) Hold at least two public meetings in the affected community if the proposed location of the front-of-the-meter energy storage device is in an area considered to be an overburdened community or underserved community.
- (b) Be exempt from meeting the requirements of §A(2)(a) of this regulation if an owner of a proposed front-of-the-meter energy storage device is located within the boundaries of an existing electricity generating station.
B. Stakeholder Engagement and Participation for Proposed Energy Storage Devices with 20 Megawatt-Hours or Greater Energy Storage Device Capacity Total Sited Per Parcel.
- (1) This section applies to an applicant or electric company, for a utility-owned energy storage device, with proposed energy storage devices greater than or equal to 20 megawatt-hours storage capacity total sited per parcel regardless of energy storage device technology.
(2) A minimum of 90 days prior to submitting an application for enrolling in an initiative or prior to filing for a zoning variance or permits, whichever is earlier, an applicant or electric company, for a utility-owned energy storage device, shall take the following steps to engage and consult with the county or municipal corporation in which any portion of the energy storage device is proposed to be located.
- (a) Submit to the affected county or municipal corporation and each owner of land on which the energy storage device is located and owner of adjacent land, a conceptual site plan for the energy storage device.
- (b) Submit to the affected county or municipal corporation a request for a meeting. The applicant shall make a good faith effort to meet with the staff of the affected county or municipal corporation.
(c) Submit to the affected county or municipal corporation a request for a preliminary report containing the following:
- (i) A statement or finding whether the proposed energy storage device is consistent with the current comprehensive plan of the county or municipal corporation;
- (ii) A statement or finding whether the proposed energy storage device is consistent with the current zoning ordinance of the county or municipal corporation; and
- (iii) Suggestions for improving or modifying the application prior to submission of the application to the initiative administrator.
- (d) If the applicant or electric company, for a utility-owned energy storage device, makes any material changes to the energy storage device as submitted to the administrator under this regulation, the applicant shall provide notice of the changes to the county or municipal corporation in which any portion of the energy storage device is proposed to be located.
- (e) The applicant shall submit to the Department of Natural Resources Power Plant Research Program any report or other information received on their energy storage device from the county or municipal corporation in which any portion of the energy storage device is proposed to be located before filing an application for enrollment in an initiative or submits an application for Commission Energy Storage Construction Approvals and Waivers for energy storage devices not seeking to enroll in an initiative.
(3) The applicant or electric company, for a utility-owned energy storage device, shall, a minimum of 60 days prior to filing an application for enrollment, submitting an application for Commission Energy Storage Construction Approvals and Waivers for energy storage devices not seeking to enroll in an initiative, or prior to filing for a zoning variance or permits, whichever is earlier, meet with affected communities for the purposes of public engagement and participation. The applicant or electric company, for a utility-owned energy storage device, shall provide 14 days’ notice to affected communities and:
- (a) If the proposed location of the front-of-the-meter energy storage device is in an area considered to be an overburdened community or underserved community, the applicant or electric company, for a utility-owned energy storage device, shall hold at least two public meetings in the affected community; and
- (b) An owner of a proposed front-of-the-meter energy storage device that is located within the boundaries of an existing electricity generating station shall be exempt from meeting the requirements of §B(3)(a) of this regulation.
(4) The applicant or electric company, for a utility-owned energy storage device, shall submit to the Commission any report received on their energy storage device from the affected communities in which any portion of the energy storage device is proposed to be located including the following information:
- (a) A description of the time, place, and manner in which the applicant held the public meeting with members of the affected communities;
- (b) A description of the manner in which the applicant provided notice to the affected communities of the proposed public meeting with members of the affected communities;
- (c) A copy of any meeting sign-in sheet voluntarily indicating persons of interest; and
- (d) A description of any terms, incentives, or resolutions reached between the applicant and the affected communities.
- (5) Affected communities including residential individuals, organizations, affected county or municipal corporations may also file information with the Commission on their position supporting, opposing, or requesting modifications to a front-of-the-meter energy storage device.
- (6) The applicant or electric company, for a utility-owned energy storage device, may respond within 30 days of the Commission’s receipt of such information from affected communities, residential individuals, organizations, affected counties or municipal corporations.
Authority: Public Utilities Article, §§1-101, 2-113, 2-121, 7-207, 7-216, 7-216.1, 7-219, 7–1001, and 7-1005, Annotated Code of Maryland
Effective date: March 30, 2026 (52:6 Md. R. 292)