Legal Opinion
Potomac Electric Power Co. v. Montgomery County
Court of Special Appeals of Maryland
Decided November 28, 1989No. 1637, September Term, 1988PublishedCited by 3 opinions
1Opinion of the Court
GILBERT, Chief Judge.
This case asks whether local governing bodies are preempted by statute from regulating the construction of transmission lines carrying in excess of 69,000 volts. We answer in the affirmative and, consequently, reverse the decision of the Circuit Court for Montgomery County.
The Public Service Commission (PSC), created by the General Assembly, is charged with the responsibility of regulating public utilities throughout the State. Spintman v. C & P Tel. Co., 254 Md. 423, 427, 255 A.2d 304 (1969). Section 54A of article 78 provides that an electrical utility company must…
2Cases cited18 opinions
- M'culloch v. State of MarylandSupreme Court of the United States · 1819
- Duquesne Light Co. v. Upper St. Clair TownshipSupreme Court of Pennsylvania · 1954
- Ad + Soil, Inc. v. County CommissionersCourt of Appeals of Maryland · 1986
- Mayor of Baltimore v. SitnickCourt of Appeals of Maryland · 1969
- County Council v. Montgomery Ass'nCourt of Appeals of Maryland · 1975
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3Cited by3 opinions
- Howard County v. Potomac Electric Power Co.Court of Appeals of Maryland · 1990
- Evans v. BurrussCourt of Appeals of Maryland · 2007
- Accokeek, Mattawoman, Piscataway Creeks Communities Council, Inc. v. Maryland Public Service CommissionCourt of Special Appeals of Maryland · 2016