Md. Code Regs. 20.07.04.03

Current through Register Vol. 51, No. 20, October 4, 2024

Section 20.07.04.03 - Applications by Corporations for the Exercise of Franchises

A. Exercise of Railroad Franchises. Applications by corporations subject to the provisions of Public Utilities Article, §5-201, Annotated Code of Maryland, for permission to begin the construction of a railroad, or an extension of it, or to exercise any franchise or right, as provided in §5-201, shall state:

(1) The route of the proposed railroad or street railroad, or extension of it, giving the names of all cities, villages, or towns in and through which it is to be constructed.

(2) The name of each corporation with which the proposed construction, right, or franchise may compete.

(3) The facts showing whether the proposed construction, right, or franchise is required by public convenience or necessity.

(4) All other facts deemed material by the petitioner.

(5) If the applicant has not exercised any of the powers or privileges of a corporation, the manner in which it proposes to finance the proposed construction or the proposed exercise of the franchise or right.

(6) If the applicant has exercised the powers of a corporation, the manner in which it proposes to finance the proposed construction, or the proposed exercise of the franchise or right, and also (unless waived by the Commission) the applicant's financial condition.

(7) Unless waived by the Commission, the petition shall be accompanied by a certified copy of the articles of incorporation of the applicant, and all amendments to them.

(8) Maps and profiles, showing the location and route of the proposed construction, shall be filed, and also proof of compliance with all conditions required by law as precedent to the application or the granting of it, including proof of the consent of the municipalities and counties having jurisdiction.

(9) Unless waived by the Commission, there shall be annexed to the petition an affidavit made by at least three directors of the applicant, that it is the intention of the applicant in good faith to begin the construction or to exercise the right or franchise applied for, within a time to be specified in the affidavit.

B. Exercise of Gas or Electric Franchises. Applications by corporations subject to the provisions of Public Utilities Article, §7-210, Annotated Code of Maryland, for permission to begin construction, or exercise any right or franchise as provided in §7-210, shall state:

(1) The description of the proposed construction or of the proposed exercise of the right or franchise;

(2) The location or locations in which the construction is to be had or the right or franchise exercised;

(3) The requirements set forth in §A(2)-(9) of this regulation, unless waived by the Commission to the extent authorized in §A(2)-(9), except that the Commission may not waive the requirements of filing a certified copy of the applicant's charter, unless it is already on file in the office of the Commission; and

(4) The verified statement of the president and secretary of the corporation showing that it has received the required consent of the proper municipal authorities.

C. Exercise of Telephone and Telegraph, Water, Heat or Refrigerating, and Power Franchises. Applications by corporations subject to the Public Utilities Article, Annotated Code of Maryland, for permission to begin construction or to exercise any right or franchise, shall state the matters and things set forth in §B of this regulation.

Md. Code Regs. 20.07.04.03

Regulations .03 revised effective May 8, 1911, May 3, 1912, and October 19, 1914