IN THE MATTER OF THE APPLICATION OF MIRANT DICKERSON DEVELOPMENT, LLC FOR A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY TO MODIFY ITS EXISTING GENERATING STATION H IN DICKERSON, MONTGOMERY COUNTY, MARYLAND )

CASE NO. 8888

Pursuant to the Rules of the Public Service Commission of Maryland ("Commission" or "PSC"), the Sugarloaf Citizens Association, Inc. ("Sugarloaf") hereby files this Motion To Intervene in the above-captioned matter. In support of its Motion, Sugarloaf states:

1. On May 23, 2001, Mirant Dickerson Development, LLC ("Mirant") filed an application for a Certificate of Public Convenience and Necessity ("CPCN") (i) to upgrade existing simple cycle peaking units known as Station H, located at the Dickerson Generating Station site in Montgomery County, Maryland, by converting the existing units to combined cycle electric generation units through the construction of additional facilities, and (ii) to construct new combined cycle units at the site.

2. The proposed project would increase the electrical generating capacity of the Dickerson Generating Station by 740 MW, according to the application, nearly doubling its total capacity.

3. According to the application and Sugarloaf’s calculations, Mirant would use substantial quantities of Potomac River water for cooling purposes, and would consume 8,000,000 gallons per day of that water through evaporative loss. In addition, Mirant would return 1,500,000 gallons per day of chemically polluted water from its cooling towers into the discharge canal that would then be returned to the Potomac River.

4. A preliminary review of the application indicates other problems and sources of concern. The proposed facilities would emit tons of additional pollutants into the air as a result of burning natural gas or distillate fuel oil; would involve construction of additional smoke stacks that would be seen from the agricultural reserve surrounding the site, including from Sugarloaf Mountain; would result in visible plumes under operating conditions that can be expected to occur throughout each winter; would increase noise; and would impose additional adverse impacts upon the surrounding area and its residents during and after construction of the proposed facilities. Mirant has made no showing of need for the proposed facilities, the electrical output of which Sugarloaf understands would be sold to purchasers outside the area and outside the State of Maryland. Moreover, Mirant has proposed no means of compensating the community for these takings or harms.

5. Sugarloaf is a non-profit corporation that represents over 1,000 families in a 95-square mile region that is part of the 90,000-acre Montgomery County Agricultural Reserve, including the communities of Beallsville, Seneca, Boyds, Dickerson, Martinsburg, Jerusalem, Owensville, Thompsons Corner, Comus, Hyattstown, and Big Woods, and the incorporated towns of Poolesville and Barnesville. Sugarloaf is dedicated to the preservation of rural open space, conservation of resources, and a clean environment. Sugarloaf works to promote the general welfare of the area, and to educate and represent the interests of the people in regard to land use, zoning, siting of public and industrial facilities, air and water pollution, water use, waste disposal, and all other issues of concern to the area. Its members include residents of the communities in the area surrounding the site and in the vicinity of Sugarloaf Mountain, from which Sugarloaf takes its name, including individuals and families whose homes are near the site of the proposed facilities or who farm land nearby in the Montgomery County Agricultural Reserve.

6. Sugarloaf was a party to and an active participant in PSC Case No. 8063, in which the Potomac Electric Power Company, from which Mirant purchased the electric generating facilities at the Dickerson Generating Station, applied for and received, subject to mitigating conditions, a certificate of public convenience and necessity for the construction of Station H.

7. Sugarloaf’s headquarters are located at Linden Farm, 20900 Martinsburg Road, Dickerson, Maryland 20842. Linden Farm is located adjacent to the Dickerson Generating Station site. Sugarloaf maintains its offices in the restored Historic Gothic Dairy Barn at Linden Farm. Sugarloaf is the holder of a long-term lease with Montgomery County, Maryland, for a 67-acre portion of the Linden Farm property, including the Historic Gothic Dairy Barn and other buildings, and is the owner of the 90-acre portion of the property located on the east side of Martinsburg Road.

8. Sugarloaf and its members are users and purchasers of electricity and, in the deregulated electricity market established by Federal and State law, have an interest in the generation of electricity in the State of Maryland.

9. Communications with respect to this motion and in connection with this proceeding should be addressed to:

Jim Brown, President ,Sugarloaf Citizens Association

James R. Choukas-Bradley, Esq.

Craig W. Silverstein, Esq.

William J. Roberts, Esq.

10. Sugarloaf and its members have substantial interests that are affected by Mirant’s proposed project. Those interests are not and cannot be represented by any other party.

WHEREFORE, the Sugarloaf Citizens Association, Inc. respectively requests that the Commission grant it status as a party to this proceeding, with all rights appurtenant to that status.

Respectfully submitted,

James R. Choukas-Bradley

Craig W. Silverstein

Counsel for the Sugarloaf Citizens Association, Inc.

July 16, 2001