§7–1209.

    (a)    (1)    Except as provided in paragraph (2) of this subsection and subject to paragraph (3) of this subsection, the Commission may approve up to 10 proposals to be eligible to undergo the expedited certificate of public convenience and necessity process under § 7–207.4 of this title.

        (2)    The Commission may approve more than 10 proposals to be eligible to undergo the expedited certificate of public convenience and necessity process under § 7–207.4 of this title only if the Commission determines that:

            (i)    the Commission has sufficient resources to complete that number of expedited reviews of applications for a certificate of public convenience and necessity under § 7–207.4 of this title; and

            (ii)    the number of expedited reviews of applications for a certificate of public convenience and necessity under § 7–207.4 of this title is in the public interest.

        (3)    If not more than 10 projects respond to a solicitation issued under § 7–1206 of this subtitle, the Commission shall approve, subject to § 7–1208(d)(2) of this subtitle, all projects that apply for the solicitation.

    (b)    (1)    For the purpose of this subsection, a transmission energy storage device shall be considered a non–emissions–emitting project.

        (2)    Subject to paragraph (3) of this subsection, the Commission shall approve 4 non–emissions–emitting projects to every 1 emissions–emitting project.

        (3)    The Commission may waive the requirement under paragraph (2) of this subsection if a sufficient number of applications for projects that meet the requirement are not received.

    (c)    (1)    In determining which proposals to approve, the Commission shall prioritize dispatchable energy generation projects over large capacity energy resources.

        (2)    In addition to the prioritization in paragraph (1) of this subsection, if the Commission receives more than 10 proposals or determines that more than 10 proposals may be approved under § 7–1208 of this subtitle, the Commission shall base the approvals on:

            (i)    which projects will provide the highest capacity value to the State;

            (ii)    the timeliness of a project to begin construction;

            (iii)    the timeliness of a project to begin operation; and

            (iv)    which projects have the lowest emissions intensity.

    (d)    The Commission shall determine when the proceedings for a certificate of public convenience and necessity under § 7–207.4 of this title will begin for a proposal approved under this part.

    (e)    The Commission may contract for the services of independent consultants and experts in evaluating and comparing whether a proposal shall be approved to be eligible to undergo an expedited certificate of public convenience and necessity process under § 7–207.4 of this title.

    (f)    A proposal that is not approved to be eligible to undergo an expedited certificate of public convenience and necessity process under § 7–207.4 of this title may apply for a certificate of public convenience and necessity under § 7–207 of this title.