.10 Completeness Determination.

A. After an application to construct a new or modified generating station has been filed with the Commission, and within 45 days after the Commission has issued an order docketing the matter for either delegation to the Public Utility Law Judge Division or consideration by the Commission, the Maryland Department of Natural Resources Power Plant Research Program shall file a letter with the Commission stating whether the application meets the requirements under Regulation .06 of this chapter for a complete application.

B. The applicant may respond in writing to the letter filed under §A of this regulation within 10 days, prior to the issuance of a determination of completeness.

C. The Commission shall issue a determination on whether the application is:

(1) Complete, and the Commission will proceed to review the request; or

(2) Deficient, in which case the Commission shall specify the deficiency, and the applicant may submit additional information to cure the deficiency by the date set by the Commission.

D. A CPCN application may not be deemed incomplete for failure to provide information that is not required by COMAR 20.79.01.06.

E. A prehearing conference to set a procedural schedule or a deadline for petitions of intervention may only be held after the Commission determines that a filed application is complete.