Docket No. EO-05-01: The Southern Environmental Law Center ("SELC") submits these comments on behalf of itself and the American Lung Association of Virginia, in response to the Department of Energy's ("DOE") emergency order to resume operations at Mirant Corporation's Potomac River Generating Station in Alexandria, Virginia. See 71 Fed Reg. 3279 (Jan. 20, 2006); DOE Order No. 202-05-03, District of Columbia Public Service Commission, Docket No. EO-05-01 (Dec. 20, 2005) (hereinafter "Emergency Order").
For the reasons discussed below, we respectfully urge DOE to rescind its Emergency Order and allow federal and state regulators the discretion to enforce binding air pollution control laws.