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Request for Rehearing and Request for Interim Clarification by David K. Paylor, Director of the Virginia Department of Environmental Quality

Docket No. EO-05-01:
Pursuant to Federal Power Act § 313, David K. Paylor, Director of the Virginia Department of Environmental Quality, through his counsel Robert F. McDonnell, the Attorney General of Virginia, requests rehearing of Order No. 202-05-3 entered by the Secretary of Energy on December 20, 2005. Specifically, Director Paylor requests rehearing based on the following assignments of error:
1. The Secretary erred by holding that the FPA preempts the Clean Air Act and
related state laws;
2. The Secretary has exceeded the scope of his emergency authority under FPA §202(c)4 by allowing maintenance activities on transmission lines that are not necessary to abate emergency reliability conditions; and
3. The Secretary erred by failing to establish a mechanism for ensuring that
transmission line outages are scheduled in a manner that minimizes the
environmental effects of operating the Potomac River Power Plant,