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PEPCO v. MONTGOMERY COUNTY

No. 1637, September Term, 1988.

80 Md. App. 107 (1989)

560 A.2d 50

POTOMAC ELECTRIC POWER COMPANY, ET AL. v. MONTGOMERY COUNTY, MARYLAND.

Court of Special Appeals of Maryland.

Certiorari Granted November 28, 1989.

Attorney(s) appearing for the Case

Sandra Hall-Eckroade, Asst. Gen. Counsel (Bryan G. Moorhouse, Gen. Counsel, on the brief), Baltimore for appellant, PSC.

John J. Delaney (Susan M. Reutershan, Elizabeth M. Hosford and Linowes and Blocher, on the brief), Silver Spring, for appellant, PEPCO.

Paul W. Davis, Baltimore, for amicus curiae, Baltimore Gas and Elec. Co.

A. Katherine Hart, Sr. Asst. County Atty. (Clyde H. Sorrell, County Atty. for Montgomery County, on the brief), Rockville, for Montgomery County.

Argued Before GILBERT, C.J., and KARWACKI and WENNER, JJ.

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...

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