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Preliminary Comments on Compliance Plan and Request for Clarification or, in the Alternative, Rehearing of the District of Columbia Public Service Commission

Docket No. EO-05-01: Pursuant to Order No. 202-05-3, issued by the Department of Energy ("DOE") in the above-captioned docket on December 20, 2005 ("December 20 Order"), and Section 313 of the Federal Power Act ("FPA"), 16 U.S.C. § 8251, the District of Columbia Public Service Commission ("DCPSC") hereby submits its preliminary comments on the compliance plan ("Compliance Plan") proposed by MiranT Potomac River, L.L.C. ("Mirant") on December 30, 2005, and requests clarification or, in the altemative rehearing, of the December 20 Order. While the DCPSC is grateful lhat the DOE recognized the severity of and potential serious peril to the Nation and the District of Columbia if the shutdown of Mirant's Potomac River Generating Plant ("Plant") were to continue, the DCPSC feels compelled to respond to the Compliance Plan and to certain limited aspects of the December 20 Order to ensure that they are consistent with the DCPSC's mandate and the District ofColumbbia's electric reliability needs.