Federal Judge Grants PSEG Access To Private Land for Power Line Surveys

A federal judge has ruled in favor of PSEG, the New Jersey-based developer of the proposed Maryland Piedmont Reliability Project (MPRP), granting the company limited access to private property to conduct environmental and engineering surveys.

The ruling escalates an already contentious issue, as county governments and residents continue to raise concerns about the project’s potential impact on communities and landowners.

As previously reported on Conduit Street, the MPRP proposes a new 500,000-volt transmission line, approximately 67 miles long, that will run from northern Baltimore County to southern Frederick County. PJM Interconnection, the regional transmission operator, selected PSEG to develop the project to address anticipated system overloads and rising electricity demand.

US District Judge Adam Abelson issued a preliminary injunction last week, authorizing PSEG and its contractors to enter private properties along the proposed route to conduct survey work. The court ordered the company to provide landowners at least 24 hours’ notice before entering, typically by posting a written notice at the front door.

More than 100 landowners had refused survey access, prompting PSEG to file suit earlier this year. In his ruling, Judge Abelson rejected the argument that PSEG lacked the legal authority to access the properties before securing a Certificate of Public Convenience and Necessity (CPCN) from the Maryland Public Service Commission (PSC).

Judge Abelson noted that the PSC and its advisors cannot evaluate the project without survey data, including potential environmental and socioeconomic impacts along the proposed route. The ruling states that anyone who obstructs authorized survey work may face contempt of court charges.

The Maryland Power Plant Research Program previously directed PSEG to obtain access to conduct these field studies. PSEG must complete the studies before the PSC can consider any CPCN application.

Baltimore, Carroll, and Frederick counties have formally opposed the current proposal, calling for greater transparency, meaningful public input, and a thorough evaluation of alternatives, particularly those that avoid or minimize harm to historic properties, agricultural land, and open space. County leaders have also raised serious concerns about property rights, eminent domain, and potential long-term community impacts.

The PSC has not yet received a formal application for the MPRP. The project will remain subject to the complete CPCN review process, as well as other state, federal, and local permitting requirements.

Stay tuned to Conduit Street for more information.