U.S. District Court Denies Dismissal of Constitutional Challenge to Maryland Public Service Commission Orders

By Terence Healey

On August 3, 2012, the United States District Court for the District of Maryland denied two motions to dismiss plaintiffs’ complaint in PPL Energyplus, LLC v. Douglas R. M. Nazarian. The complaint seeks to enjoin the Maryland Public Service Commission (“PSC”) from enforcing certain of its orders that require Maryland-based public utilities to contract with CPV Maryland, LLC (“CPV”) for capacity and energy in the PJM control area. Members of the PSC (named in their official capacity (“PSC Defendants”)) and CPV filed the motions to dismiss. read more

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