Dickerson, Maryland - Mirant Dickerson Development, LLC (Mirant), the Atlanta-based company that wants to build new power plants at the Dickerson Generating Station site near Sugarloaf Mountain and adjacent to the Potomac River, claims that it has the right to use and evaporate an additional 1,000,000 gallons per day of scarce Potomac River water during low flow conditions, it was revealed during recent hearings on Mirant's application to construct the new generating units. The hearings are being held in phases by hearing examiner David Moore, an employee of the Maryland Public Service Commission, in connection with Mirant's application for a certificate of public convenience and necessity in Public Service Commission Case No. 8888.

The State of Maryland's applicable Regulations, which carry the force of law, prevent major new users of Potomac River water (defined as uses in excess of 1,000,000 per gallons per day at any time) from using any of the water during low flow conditions in the Potomac. The Regulations are intended to protect the integrity of the River's ecosystem, the Chesapeake Bay, and drinking water supplies in the Washington metropolitan area. The Regulations offer major new users, including power plants like Mirant's (Mirant's proposed generating units would use as much as 8,000,000 gallons of water per day) a choice: either agree to reduce their consumption of Potomac River water to zero during low flow conditions in the River when notified by the State of Maryland that such conditions exist, or agree before the water use permit is issued to reconfigure the design of their facilities so that they cannot consume more than 1,000,000 gallons per day of Potomac River water ever.

Mirant's project manager, William Bulpitt, and consultants for the company claimed during the hearing that the Regulations do not mean what they say, but rather give any major new user of water, like the new Mirant power plants would be, the choice of reducing consumption to zero or reducing consumption to a maximum of 1,000,000 gallons per day while such low flow conditions exist. And they say Mirant will choose 1,000,0000 gallons per day, not zero.

"Mirant's interpretation of the requirements of Maryland law on this issue is nonsensical," said Jim Brown, President of the Sugarloaf Citizens Association (Sugarloaf). Sugarloaf, an environmental organization dedicated to the protection of the environment and the rural and agricultural character of the Maryland Piedmont in Western Montgomery and Southern Frederick Counties, an area near Sugarloaf Mountain, is opposing Mirant's application for a certificate of public convenience and necessity in the case before the Public Service Commission. "It is absurd to suggest that the Regulations give a major water user the choice between one million and none," continued Mr. Brown. "The Potomac River is suffering from some of the lowest flow conditions in memory, and the idea that new power plant facilities could be allowed to use a million gallons of water per day, free of charge, during such conditions is incomprehensible," he said. "The reports that are coming out on the severity of the low flow conditions in the River and into the Bay make this issue a matter of the utmost importance," said Mr. Brown.

The Washington Post reported on December 4 that the November stream flow into the Chesapeake Bay was the lowest ever recorded for the month, according to the U.S. Geological Survey (USGS). The USGS said that if the area does not receive increased precipitation over the winter, serious drought conditions could affect next year's planting and growing seasons. The average flow into the Bay is the lowest recorded for November since such record keeping began in 1937, according to the Post story, which also reported that flow in the Potomac River near the District was 78% below normal.

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