Mid-Atlantic Power Supply Ass'n v. Public Service Commission

760 A.2d 1087, 361 Md. 196, 2000 Md. LEXIS 662
CourtCourt of Appeals of Maryland
DecidedOctober 12, 2000
Docket157, Sept. Term, 1999
StatusPublished
Cited by56 cases

This text of 760 A.2d 1087 (Mid-Atlantic Power Supply Ass'n v. Public Service Commission) is published on Counsel Stack Legal Research, covering Court of Appeals of Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Mid-Atlantic Power Supply Ass'n v. Public Service Commission, 760 A.2d 1087, 361 Md. 196, 2000 Md. LEXIS 662 (Md. 2000).

Opinions

PER CURIAM ORDER

For reasons to be stated in an opinion later to be filed, the Court having heard oral argument in the above captioned case, and having concluded that the appellant has standing to seek judicial review, it is this 20th day of July, 2000,

ORDERED, by the Court of Appeals of Maryland, a majority of the Court concurring, that the judgment of the Circuit Court for Baltimore City be, and it is hereby, reversed, and [199]*199the case is remanded to the Circuit Court for Baltimore City for further proceedings, and it is further

ORDERED that the stays imposed by the Court in accordance with its Order dated June 30, 2000, on the judgment of the Circuit Court for Baltimore City dated April 21, 2000, and entered May 18, 2000, and on Order # 75757 of the Public Service Commission of Maryland filed November 10, 1999, be, and they are hereby, dissolved, without prejudice to applying to the Circuit Court for a stay pending judicial review, and it is further

ORDERED that the mandate shall issue forthwith; costs to be paid by the appellees.

OPINION

BELL, Chief Judge.

The issue this case presents is whether the appellant, Mid-Atlantic Power Supply Association (“MAPSA”), a trade association of companies who are interested in becoming suppliers of electricity in Maryland,1 and a party to the proceedings in the Public Service Commission, has standing to seek judicial review of the order, issued by the appellee Public Service Commission (“PSC”), approving the stipulation and settlement agreement, entered into by and between appellees Baltimore Gas and Electric Company (“BGE”), the Maryland Office of People’s Counsel (“OPC”), the Maryland Natural Resources-Maryland Energy Administration and the Power Plant Research Program (“DNR/MEA”) and others, collectively representing all customer classes, environmental interests and the public at large.2 The Circuit Court for Baltimore City determined that the appellant had no standing and, accordingly, [200]*200dismissed its petition for judicial review. We granted the appellant’s petition for writ of certiorari and, following oral argument on July 20, 2000, issued our decision reversing the judgment of the Circuit Court and remanding the case to that court to conduct judicial review. We now explain the reasons for that decision.

The seeds of this controversy were sown first when the PSC developed policy initiatives designed to restructure the electric industry in Maryland, i.e., develop a market capable of supporting competition for the sale of electricity in the BGE service area, and later when the Electric Customer Choice and Competition Act of 1999 was enacted by the General Assembly and signed into law by the Governor. See 1999 Md. Laws. Chap. 3. Pursuant to, and in accordance with, the PSC’s initiatives, BGE filed an application setting forth its restructuring plan. It was docketed in Commission Case 8794. The OPC also filed a petition to reduce the rates charged by BGE. That case, docketed as Case 8804, was consolidated with Case 8794.

The appellant is a Pennsylvania corporation which operates as a trade association for companies participating in both the wholesale and retail electric supply markets in Maryland, Delaware, Pennsylvania, New Jersey, Ohio and the District of Columbia. In that capacity, it filed a petition to intervene in the OPC’s rate reduction action. That petition was granted.3 [201]*201When that occurred, because, as we have seen, that matter and the restructuring plan had been consolidated, the appellant was enabled to, and did, participate fully in the negotiations leading up to the settlement at issue. Obviously, its opposition, and that of two other parties, as to those provisions of the settlement addressing the stranded costs, the allocation of the rate reduction and the unbundling of rates, did not prevail and the appellant refused to sign the settlement agreement reached by BGE and several other parties, which was signed on June 29, 1999. Once the settlement had been reached, the appellant thereafter participated in the proceedings in the PSC, challenging those terms of the settlement that it earlier had opposed in negotiations. Its efforts in the PSC were no more successful than during negotiations. When the PSC approved the settlement, by Commission Order No. 75757, on November 10, 1999, the appellant filed its petition for judicial review.4

[202]*202BGE moved for summary judgment on the issue of the appellant’s standing to prosecute a judicial review proceeding. It argued in the motion and before the Circuit Court that the appellant was not “a party or person in interest,” pointing out that, as an association, operating only in a representative capacity, it had no interest in the proceedings separate and distinct from the interests of its members. Rejecting the appellant’s rebuttal — it was a party before the Commission, participating fully in the proceedings, it meets the definition of party, and, in any event, the controlling statute clearly and unambiguously gives it standing5 — the court agreed with BGE and thus granted the motion for summary judgment. In reaching its conclusion, it relied on the legislative history of the statute, rather than the clear import of the language:

“What [the appellant’s] argument ignores ... is that which came to the attention of the Court of Appeals, namely the [203]*203active legislative efforts to amend the Public Service Commission law then underway. In fact, an effort to establish appeal rights for the Office of People’s Counsel in the 1947 General Assembly had been defeated and that was one of the bases for the Court’s decision in Bosley v. Dorsey, 191 Md. [229,] 239-40[, 60 A.2d 691, 696 (1948) ]. Rather than misread the current statutory standard for judicial review for the purpose of historical consistency, this Court is persuaded by the historical significance of the fact that the current codification of the law abandons the reference to an ‘association’ as having the right to obtain judicial review of PSC orders. That entitlement is limited now, with statutory exceptions, to ‘a party or person in interest’ and this term of art is undefined in the statutory scheme. Whether the Court analogizes to an ‘aggrieved party in a contested case,’ who is entitled to judicial review of a final decision under the Maryland Administrative Procedure Act or merely looks to the language of the PSC cases cited in Bosley v. Dorsey, 191 Md. at 235-36[, 60 A.2d at 694], the inescapable result is that ‘party or person in interest’ is reasonably interpreted to be an entity having ‘an interest adversely affected by the order.’ ” Public Service Commission v. Byron, 153 Md. 464, 471 [, 138 A. 404, 407] (1927).

(citation omitted).

The court accordingly dismissed the appellant’s petition for judicial review, -with prejudice. As already mentioned, we granted the appellant’s petition for writ of certiorari and reversed that judgment.

The canons of statutory construction are well settled. We recently reaffirmed those, relevant and dispositive of this case in Mayor & City Council of Baltimore v. Chase, 360 Md. 121, 128, 756 A.2d 987, 991 (2000). In that case, quoting Chesapeake and Potomac Tel. Co. of Md. v. Dir.

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Bluebook (online)
760 A.2d 1087, 361 Md. 196, 2000 Md. LEXIS 662, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mid-atlantic-power-supply-assn-v-public-service-commission-md-2000.