Docket No. EO-05-01: During the course of participating in the above-captioned Department of Energy ("DOE") docket, Robert G. Burnley, Director of the Virginia Department of Environmental Quality ("Director"), has filed two pleadings regarding the District of Columbia Public Service Commission's ("DC PSC") Emergency Petition. After initial uncertainty regarding the agency that would decide this matter and the applicable procedural rules, you indicated in a November 15, 2005 letter to FERC Chairman Joseph T. Kelliher that the DOE intends to rule on this matter "in the near future." Rather than burden the DOE with another pleading, the Director files this letter, by undersigned counsel, to briefly summarize the Director's legal position for the convenience of the DOE. To the extent recent filings by other parties have caused confusion, this letter will also serve to clarify the Director's position.