BALTIMORE GAS & ELEC. v. DEPARTMENT OF HEALTH AND MENTAL HYGIENE

[No. 68, September Term, 1978.]

284 Md. 216 (1979)

395 A.2d 1174

BALTIMORE GAS AND ELECTRIC COMPANY v. DEPARTMENT OF HEALTH AND MENTAL HYGIENE OF THE STATE OF MARYLAND

Court of Appeals of Maryland.

Motion for reconsideration filed February 2, 1979.

Denied February 16, 1979.


Attorney(s) appearing for the Case

James A. Biddison, Jr., with whom were W. Robert Buchanan and Paul W. Davis on the brief, for appellant.

Jeffrey E. Howard, Assistant Attorney General, with whom was Francis B. Burch, Attorney General, on the brief, for appellee.

The cause was argued before SMITH, DIGGES, ELDRIDGE, ORTH and COLE, JJ.


SMITH, J., delivered the opinion of the Court.

We shall here hold that Maryland Code (1957, 1971 Repl. Vol., 1978 Cum. Supp.) Art. 43, § 706 (the statute) does not require an electric company to obtain a permit from the Department of Health and Mental Hygiene (the Department) as a condition to use of one of its "generating stations."

The statute provides in pertinent part:

"The Department may require by regulation that before any person...

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