MDE is currently reconsidering the Clean Water Act, Section 401 Water Quality Certification 17-WQC-02 issued to Constellation Energy Generation LLC (formerly Exelon) in 2018.

• ​17-WQC-02 Reconsideration Fact Sheet
  

A limited public notice related to Water Quality Certification 17-WQC-02 was issued by MDE on June 30, 2023. Public comments in response to the notice as well as supplemental briefing materials from parties to the reconsideration can be found below.

Public Comments

Please note that personally identifiable information (such as e-mail addresses and mailing addresses) has been removed from individual citizen comments.​

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Documents From Parties to the WQC Reconsideration

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More information is available on MDE's Conowingo Dam Impacts web page:

 https://mde.maryland.gov/programs/water/TMDL/TMDLImplementation/Pages/Conowingo-Dam-Impacts.aspx

For information on MDE’s freshwater mussel restoration efforts, please visit:

 https://mde.maryland.gov/programs/water/WetlandsandWaterways/Pages/freshwater-mussel-restoration.aspx

Legal Challenges

• ​​Judg​ment, No. 21-1139- DC Circuit Court (December 20, 2022)

• ​Order, No. 21-1139- DC Circuit Court (December 20, 2022)
  

• ​Opinion, No. 21-1139- DC Circuit Court (December 20, 2022)
  

• ​Administrative Appeal of Final Decision to Issue Clean Water Act Section 401 Certification for the Conowingo Hydroelectric Project (6/8/2018) - Stewards of the Lower Susquehanna, d/b/a Lower Susquehanna Riverkeeper Association, and Waterkeepers Chesapeake

• ​Protective Petition for Reconsideration and Administrative Appeal (5/25/2018) - Exelon Generation Company, LLC
  

Conowingo Hydroelectric Project Water Quality Certification Application​​​​​

​Related Docume​nts

• Conowingo Settlement Agreement (PDF)
• ​ FERC License Application Vol 1 and Vol 3​​​
• ​ FERC License Application Supporting Studies ​
  

Conowingo Pilot Dredge Project

• Additional information is available on the Conowingo Innovative and Beneficial Reuse Pilot Project web page.