Legal Opinion

Matter of Md. Off. of People's Counsel

Court of Special Appeals of Maryland

Decided December 22, 2023No. 2033/22Published

1Opinion of the Court

In the Matter of Maryland Office of People’s Counsel, et al., No. 2033, September Term, 2022. Opinion by Graeff, J. REGULATION OF PUBLIC UTILTIES — PUBLIC INTEREST — DISMISSAL OF COMPLAINT —ACCARDI DOCTRINE The Public Service Commission (the “Commission”) does not have unfettered discretion to dismiss a complaint filed under the Public Utilities Article (the “PUA”). Rather, pursuant to COMAR 20.07.03.03A, the Commission may dismiss a complaint only where it finds that the complaint fails to state a claim upon which relief can be granted. The Commission may not dismiss a complaint because it…

2Cases cited22 opinions

  1. Securities & Exchange Commission v. Chenery Corp.Supreme Court of the United States · 1947
  2. Baltimore Gas & Electric Co. v. Public Service CommissionCourt of Appeals of Maryland · 1986
  3. Wheeling v. Selene FinanceCourt of Appeals of Maryland · 2021
  4. CBS Inc. v. Comptroller of the TreasuryCourt of Appeals of Maryland · 1990
  5. Department of Health and Mental Hygiene v. ShrievesCourt of Special Appeals of Maryland · 1994

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