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Delmarva Power & Light Company d/b/a Conectiv Power Delivery, et al. v. Public Service Comm ission of M aryland, et a l. No. 75, Sept. Term, 2001

Single subject requirement of Maryland Constitution, Article III, section 29.

IN THE COURT OF APPEALS OF MARYLAND No. 75 September Term, 2001 ON MOTION FOR RECONSIDERATION ______________________________________

DELMARVA POWER & LIGHT COMPANY d/b/a CO NEC TIV PO WER DELIV ERY , et al. v.

PUBLIC SERVICE COMMISSION OF M ARY LAN D, et al.

______________________________________ Bell, C.J. Eldridge Raker Wilner Cathell Harrell Battaglia, JJ. ______________________________________ Opinion by Wilner, J. ______________________________________ Filed: October 11, 2002

This case bega n with a broad attack by several public utilities on an order entered by the Maryland Public Se rvice Comm ission (PSC). Although that attack is still pressed, the case has taken a new, and most unfortunate, twist, one that calls into question an attempt by the General Assembly, following the announcement of our decision that the PSC order was ineffective because of noncompliance with certain requirements of the Maryland Administrative Procedure Act (APA), to overturn that decision by excusing that order from compliance with th ose req uireme nts. We shall conclude that the legislative action runs afoul of Article III,

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