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Constellation Directed to File CPCN Application
On June 29, 2026 the Maryland PSC issued an order directing Constellation to file its expedited certificate of public convenience and necessity (CPCN) applications for Projects 1 and 2 no later than July 1, 2027 and further directing Constellation, if necessary, to make a filing no later than 90 days prior to that date, notifying the Commission of any need for additional time and a new anticipated date for filing an expedited CPCN application.
The Commission in its order went on to state that“[t]he Commission is concerned that Constellation’s January 29, 2026 filing impliedly claims that the entirety of the appendices filed for Project 1 and Project 2 are confidential, given that they have been marked confidential with no public, partially redacted versions filed. To clarify Constellation’s position, the Commission directs the company to make an additional filing within 30 days of this Order by either filing a partially redacted, public version of the appendices, or explaining why the entirety of those appendices should be considered confidential. Once Constellation makes the required filing, PPRP shall update its filings accordingly.”
As background, on September 30, 2025, the Commission issued a notice that it would officially commence a solicitation process on October 1, 2025 for certain generation resources to apply for the opportunity to go through an expedited CPCN process as established through the Next Generation Energy Act (“NGEA”). The solicitation period concluded at the close of business on October 31, 2025.
The Commission received proposals for five projects from three different companies, though ultimately two of the three companies withdrew their proposals from consideration. This left only three projects for consideration, all proposed by Constellation.
On December 30, 2025, the Commission issued two orders in PC 74. The first order— Order No. 92112—approved two of Constellation’s three proposals, both gas plants, subject to certain conditions. Project 1 is a 150 MW natural gas generation plant with an effective load carrying capability (“ELCC”) of 68% with turbines capable of running on 100% hydrogen. Project 2 is a 564 MW natural gas generation plant with an ELCC of 80% with turbines capable of running on 50% hydrogen.6 In Order No. 92112, the Commission directed Constellation to include in its CPCN application and future reports required under Annotated Code of Maryland, Public Utilities Article (“PUA”) § 7–1208(e) how the company intends to provide hydrogen or zero-emissions biofuels at the locations. The Commission also directed Constellation to provide additional information, agreements, or assurances ahead of its expected CPCN for Project 2 that the project can be converted to only hydrogen, or a zero-emission biofuel, as the energy source when the Commission determines that the conversion is feasible. Additionally, the Commission required Constellation to provide the date it anticipates applying for a CPCN within 30 days of issuance of Order No. 92112. Finally, the Commission denied without prejudice Constellation’s third proposal, an 800 MW energy storage project with an ELCC below the required 65% limit. Constellation was given 60 days to amend and resubmit the proposal for Commission consideration.”
Previously, on May 25, 2025, Governor Wes Moore enacted The Next Generation Energy Act, which contains provisions that include creating a competitive process for new generation resources like battery storage. This act promotes battery storage by requiring utilities to develop plans for distribution-connected front-of-the-meter storage devices through financial incentives.
