Jessica M. Raba Assistant General Counsel BGE Legal Department 2 Center Plaza, 12th Floor 110 West Fayette Street Baltimore, MD 21201

Telephone 410.470.1337 Fax 443.213.3206 www.bge.com Jessica.raba@bge.com

August 1, 2019

Via Electronic Filing Terry J. Romine, Executive Secretary Public Service Commission of Maryland William Donald Schaefer Tower 6 St. Paul Street, 16th Floor Baltimore, Maryland 21202-6806 Re: Request for a Mandatory Waiver of CPCN Requirement for a Project to

Rebuild an Existing Overhead Transmission Line to Improve Reliability Performance Located in Anne Arundel County, Maryland

Dear Ms. Romine:

Baltimore Gas and Electric Company (“BGE” or the “Company”) respectfully requests that the Maryland Public Service Commission (the “Commission”) waive the requirement to obtain a certificate of public convenience and necessity (“CPCN”) pursuant to Section 7-207(b)(4)(i) of the Public Utilities Article (“PUA”) of the Annotated Code of Maryland in connection with the specific work described below on a portion of an existing 230 kV overhead transmission line located in Anne Arundel County, Maryland.

BGE is responsible for maintaining the safety and reliability of its electric transmission system and ensuring that the regional transmission organization, PJM Interconnection, L.L.C. (“PJM”), can properly and reliably operate the interconnected system within the PJM region. As part of this responsibility, BGE must rebuild a portion of an existing double circuit transmission line from existing Tower No. 1212, in the vicinity of BGE’s Lipins Corner substation, to existing Tower No. 1256 in the vicinity of the Naval Academy Junction (NAJ) substation in Anne Arundel County, Maryland, in order to address aging infrastructure and resolve avian interference issues (the “Project”). See Appendix A attached hereto for an aerial image of the Project site.

BGE plans to commence the construction work on the Project in November 2019, and BGE estimates that it will take approximately sixteen (16) months to complete the Project. The estimated cost to complete the Project is $23 million, and BGE will seek recovery of the cost through its formula transmission rate contained in PJM’s Open Access Transmission Tariff on file with the Federal Energy Regulatory Commission.

Terry J. Romine August 1, 2019 Page 2 A. Description of the Need for the Project and Scope of Work

The section of the existing BGE 230kV transmission line that runs between the vicinity

of the Lipins Corner substation to the vicinity of the NAJ substation consists of two circuits (Circuit Nos. 2342 and 2343) installed on lattice tower structures over a distance of approximately 7 miles (the “Existing Line”). The Existing Line is almost sixty (60) years old, and it has experienced substantial reliability problems. The Existing Line was constructed in the 1960s as a 115kV circuit, and was up-rated from 115kV to 230kV in the 1970s. As the line has aged since the up-rate, it has become apparent that the reduced phase-to-ground and phase-to-phase clearances in the conductor space are inadequate to support reliable 230kV operation. The Project will bring the Existing Line up to 230kV standards, improve circuit operation performance, and retire old assets.

The specific scope of work associated with the Project generally consists of the following: 1. Rebuild of Orientation of Existing Line Currently, Circuit Nos. 2342 and 2343 are installed on double circuit steel lattice towers

that are centered thirty-four (34) feet from the eastern edge of a 120-foot wide right-of-way (ROW). As part of the Project, the existing steel lattice tower lines will be replaced with one (1) double-circuit weathering steel monopole line. The new steel poles will be shifted closer to the ROW centerline in a manner that accommodates constructability of the new line with the old line still present.

2. Replacement of Existing Lattice Tower Structures BGE will replace forty-three (43) double circuit steel lattice towers one-for-one with

forty-three (43) weathering steel poles along the approximately 7 mile stretch between the vicinity of the Lipins Corner substation to the vicinity of the NAJ substation. The replacement pole structures will range in height from approximately 160 feet to 170 feet with a base diameter ranging from 6 to 8 feet tapering to approximately 3 feet at the top of the pole. See Appendix B attached hereto for figures of representative structures to be installed. The existing steel lattice tower structures along the Existing Line are approximately 130 feet in height. The typical footprint of the existing steel lattice towers is 30 feet x 30 feet.

3. Replacement of Conductor and Shield Wire Currently the 2342 and 2343 circuits have 2167kcm 72/7 ACSR Kiwi conductor installed.

The Project will not change the conductor size, instead installing new 2167kcm 72/7 ACSR Kiwi conductors. In addition, the two existing shield wires are one 0.501” 12-fiber OPGW and one 7-#8 Alumoweld shield wire. The replacement shield wires will be renewed with similar installations of 0.500” 48-fiber OPGW and 7-#8 Alumoweld. There are no increases in any conductor or shield wire sizes as a result of the Project.

Terry J. Romine August 1, 2019 Page 3 B. Additional Information on Schedule, Tasks Required to Complete the Project,

Government Agency Oversight of the Project, Environmental Impacts and Mitigation, and Outreach The following is the current schedule for the overhead transmission line construction work

associated with the Project:

Task/Milestone

Commencement Date

Completion Date

Planning, Engineering, and Design 09/01/2018 09/01/2019

Transmission Civil/Electrical Construction of Replacement Transmission Line

11/01/2019

12/30/2020

Modified Transmission Line Placed into Service 05/15/2020 12/30/2020

Decommissioning and Demolition of Existing Transmission Line

05/30/2020

12/30/2020

The primary tasks required for completing the construction work associated with the

Project are as follows:

• Installation of any sediment and erosion control measures as dictated by permits • Installation of matting or establishing/re-establishing access roads as permitted

for the BGE transmission corridor • Installation of concrete caisson foundations • Assembly and erection of forty-three (43) replacement weathering steel poles

• Construction sequence is as follows and will be completed over 2 outage seasons: • Structures 1212-1226 - March 30, 2020 – May 15, 2020 • Structures 1226-1244 - May 18, 2020 – June 30, 2020 • Structures 1244-1256 - September 8, 2020 – October 27, 2020

• Installation of new hardware, conductors, insulators, ground grids, and OPGW • Removal of existing conductors, insulators, ground grids, OPGW, and lattice

towers • Cut off existing lattice tower foundations below grade • Performing ROW clean-up and restoration activities 1. Government Agency Oversight of the Project, Environmental Impacts and Mitigation BGE’s work in connection with the Project requires coordination, reviews, and approvals

from various government agencies. The following table includes some additional details on

Terry J. Romine August 1, 2019 Page 4 certain approvals required from government agencies involved with overseeing the work performed by BGE in connection with the Project:

Government Agency Description of Required Reviews and/or Approvals

Anne Arundel County Department of Public Works/Soil Conservation District

• Grading Permit – For land disturbance activities over 5,000 square feet. • Stormwater Management Approval – For land disturbance activities

over 5,000 square feet. • Site Specific Sediment Control Plan – Joint Review with the Soil

Conservation District for land disturbance activities over 5,000 square feet.

• A Right of Way Permit is required for temporary access through County roads.

Maryland Department of the Environment

• General Stormwater Permit for Construction Activities, which is required for earth disturbances associated with construction that are equal to or greater than one acre.

• State Nontidal Wetlands and Waterways Permit, which is required for temporary and permanent impacts to wetlands and waterways – Joint Review with US Army Corps of Engineers (USACE).

Maryland Department of Transportation (MDOT), State Highway Administration

• A utility permit is required for work within the state right-of-way.

MDOT, Maryland Aviation Administration

• An airport zoning permit is required for construction of an object that has the potential to affect navigable airspace (within four-mile radius of Baltimore/Washington International Airport or three-mile radius of Martin State Airport); in conjunction with Federal Aviation Administration (FAA) approval.

USACE • Section 404 of the Clean Water Act – a permit approval (MDSPGP-5) is required for temporary impacts to wetlands; obtained through Maryland Joint Permit Application process.

FAA • FAA approval required for construction that has the potential to affect navigable airspace (height in excess of 200 feet or within 20,000 feet of an airport).

BGE’s environmental permitting contractor has submitted consultation letters with the

Maryland Department of Natural Resources Project Review Division, Maryland Department of Natural Resources Wildlife and Heritage Services, Maryland Historic Trust and US Fish and

Terry J. Romine August 1, 2019 Page 5 Wildlife Services. See Appendix C attached hereto for a summary of that correspondence. BGE submitted a Grading Permit Application to Anne Arundel County on May 31, 2019 and a Joint Permit Application Modification to the Maryland Department of the Environment on June 5, 2019.

BGE anticipates only minimal environmental impacts from the construction of the Project. Furthermore, BGE will comply with all permitting and legal requirements in connection with the construction of the Project and otherwise take steps to minimize impacts to the environment. All conductor materials will be handled in a manner to avoid contacting the ground during stringing. Wooden planks or other non-metallic lagging will also be used to protect conductor from direct contact with ground during splicing and dead-ending operations. BGE does not anticipate the need for tree clearing; there is only the potential need for minor shrub clearing in the vicinity of existing Tower Nos. 1239-1240 and 1226.

2. Outreach The Project area is in a moderately populated section of Anne Arundel County, with the

majority of land use adjacent to the Existing Line being medium to high residential, commercial development, agricultural/farming, and forested land. BGE began reaching out to property owners adjacent to the Project site in the second quarter of 2019. BGE issued written notification letters that include contact information for BGE Project-related personnel should customers have any questions or concerns about the Project or the construction schedule or activities. In addition, BGE has informed Anne Arundel County government officials about the Project, and BGE will continue to update these government officials and other interested stakeholders on the progress of the Project and any associated impacts to adjacent properties. BGE has also scheduled a community open house for the Project on August 6, 2019 at 6:00PM at Old Mill High School located at 600 Patriot Lane, Millersville, MD. Postcards and letters were sent informing the local community of the open house. Copies of the customer outreach materials are attached hereto as Appendix D.

BGE expects zero (0) hours of customer interruption associated with the construction

work necessary to complete the Project.

C. Legal Analysis of BGE’s Request for a CPCN Waiver Section 7-207(b)(4)(i) of the PUA provides in relevant part as follows: [F]or construction related to an existing overhead transmission line designed to

carry a voltage in excess of 69,000 volts, the Commission shall waive the requirement to obtain a certificate of public convenience and necessity if the Commission finds that the construction does not:

1. require the electric company to obtain new real property or additional

rights-of-way through eminent domain; or

Appendix A - Aerial Image of Project Site

Appendix B: Representative Structures

Typical Suspension Structure Typical Strain Structure

Appendix C: Summary of Agency Consultation Letters

Agency Date Sent Response

Received Agency Response

Maryland DNR Project Review Division 9/28/18 12/3/18

Response from DNR-PRD indicated that the project will impact several unnamed tributaries to Severn Run, Severn Run proper, Marley Creek and Marley Creek proper (all Use I streams). No instream work is allowed from February 15th through June 15th.

Maryland DNR-WHS 9/28/18 10/17/18

Response from DNR-WHS indicated the presence of a WSSC and two documented state-listed threatened species populations within the Project ROW. Further RTE surveys will be required to confirm the presence of these species.

Maryland Historic Trust (MHT) 9/28/18 11/9/18

Response from MHT determined that there are no historic properties affected by the project.

US Fish and Wildlife Service (USFWS) 9/18/18 9/18/18

The USFWS preliminary Information for Planning and Conversion (IPaC) report indicated there are no federally listed threatened, endangered, or candidate species or critical habitats within the Project ROW.

Appendix D – Customer Outreach

July 12, 2019

John Q. Customer Or Current Resident 123 Anywhere St Baltimore, MD 21201 Dear Customer, Baltimore Gas and Electric (BGE) is responsible for maintaining the safety and reliability of its electric transmission infrastructure for energy delivery to its customers. As part of this responsibility, BGE and its contractors: Sargent & Lundy LLC, Burns & McDonnell, and McCormick Taylor will host a Community Open House to discuss the transmission line rebuild in your area. BGE is planning to rebuild sections of the transmission line between BGE’s Lipins Corner to Naval Academy Junction Substations (See project map on reverse). Project construction is scheduled to start in November 2019. The project team will host an open house on Tuesday, August 6, 2019, from 6:00-8:00 PM at Old Mill High School located at 600 Patriot Ln, Millersville, MD 21108. During this time, we will be available to share project plans and answer any questions. Please plan to attend if you live in the area. If you have any questions about the open house or the project, please contact BGE at BGEProject@BGE.com or 410.470.7700 and refer to the Lipins Corner Transmission Project. Please include your name and address for prompt follow-up. Thank you, and we look forward to your attendance. Sincerely, Tiffany Matthews-Lay

Tiffany Matthews-Lay, Project Manager BGE

P.O. Box 1475 www.bge.com Baltimore, Maryland 21203

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BGE Community Open HousePlease join us to discuss the transmission line rebuild in your area for the Lipins Corner to the Naval Academy Junction project starting November 2019.

Old Mill High School600 Patriot LaneMillersville, MD 21108

LOCATION:

SAVE DATEthe

If you have any questions, please contact BGE atBGEProject@bge.com or 410.470.7700 and refer to the Lipins Corner Transmission Project.

6—8 pmTIME:

Tuesday,DATE:

August 6, 2019

BGEP.O. Box 1475Baltimore, MD 21203

POSTAGE

NameAddressCity, State Zip

Map of Transmission Line Route

May 2019 Dear Customer, BGE is committed to providing customers with safe and reliable energy. As part of this commitment, BGE will perform engineering and environmental surveys on the right-of-way located near your home. (See project map on reverse) This work will begin early May and occur Monday through Friday from 6:00 a.m. to 5 p.m. Sargent & Lundy and Hines Geotechnical Firm will be performing the work with Construction Management oversight. BGE will do everything we can to minimize disturbances. Once studies and additional engineering is complete, BGE will schedule future meetings with communities to discuss the Lipins Corner project and what is to be expected.

If you have any questions, please contact BGE at BGEProject@bge.com or 410-470-7700 and refer to the Lipins Corner Transmission Project. Please include your name and address for prompt follow-up. Thank you for your understanding as we work to serve you. Sincerely, Tiffany Matthews-Lay Project Manager BGE

P.O. Box 1475 www.bge.com Baltimore, Maryland 21203

Figure 1: Lipins Corner Transmission Line is shown highlighted in blue with streets to be worked on