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REPORTED IN THE COURT OF SPECIAL APPEALS OF MARYLAND No. 1534 September Term, 1997

BALTIMORE STEAM COMPANY T/A TRIGEN-BALTIMORE ENERGY CORPORATION v. BALTIMORE GAS & ELECTRIC COMPANY, ET AL.

Hollander, Thieme, Kenney, JJ. Opinion by Thieme, J.

Filed: August 31, 1998

Appellant Baltimore Steam Company, doing business as TrigenBaltimore Energy Corporation (hereinafter referred to as "Trigen"), appeals from an order of the Circuit Court for Baltimore City dismissing standing. Trigen's declaratory judgment action for lack of

Trigen's complaint requested injunctive relief and a

declaration (1) that the franchise granted by Baltimore City (the City) to the Baltimore Gas & Electric Company (BGE) was invalid or in the alternative (2) that this franchise could not be exercised until its use was authorized by the Maryland Public Service

Commission (PSC).

The action was primarily directed against BGE

and its affiliate, the District Chilled Water Limited Partnership (hereinafter referred to by its commercial name, "Comfort Link"), but because the complaint necessarily called into question the validity of the city ordinance that purported to grant BGE a franchise, the City was also made a party as required by Md. Code Ann., Cts. & Jud. Proc.

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Maryland Law