PSC staff and the Maryland Energy Administration told the commission they believe it has the legal authority to act and urged prompt action to preserve state opt‑out options.
Shannon (MEA) said state law and public‑utility authority support actions to prevent cross‑subsidization and recommended interim guidance and stakeholder consultation so the commission can be flexible while a longer rulemaking proceeds. Staff (Drew McAuliffe, joined by David Hopic and Ruthie Herman) said they "agree with OPC's proposal" and recommended the commission issue an order requiring BGE and PE to present the three options (collateral, PJM offset, peak‑shaving) to prospective large‑load customers and to file tariffs or proposed terms simultaneously. Staff emphasized the limited downside of asking PJM for an opt‑out—if PJM says no the state is no worse off—but warned that inaction could forfeit the opt‑out opportunity.
Commissioners closed the hearing asking utilities, OPC, MEA and staff to work toward a consensus template for the commission to issue quickly and signaled the commission could issue an expedited order if parties cannot reach agreement in time for PJM deadlines.