Mirant Responds to Alexandria, VA City Council's Demand to Disclose Competitive Business Information

- Company cooperates fully with the U.S. Environmental Protection Agency (EPA) and the Virginia Department of Environmental Quality (DEQ) regarding successful, safe emission reduction testing and processes at Potomac River plant




ATLANTA, March 20  /PRNewswire-FirstCall/ -- Mirant (NYSE:MIR) today issued the following statements in response to the Alexandria, Virginia, City Council's demand that the company publicly disclose competitive business information. The information pertains to Mirant's successful efforts to reduce sulfur dioxide emissions at its Potomac River plant.

"Mirant has provided to the City Council of Alexandria full disclosure of all emissions and ground level concentrations that have resulted from our testing of innovative, new technologies at the Potomac River plant," said S. Linn Williams, executive vice president and general counsel of Mirant Corporation.  The testing has been successful in reducing emissions of sulfur dioxide.

"We have provided ALL information to the EPA and the Virginia DEQ," Williams continued.  "The only information that Mirant provided to EPA and DEQ but has withheld from the City Council is confidential, competitive information about the process and technology, which is still in development and for which Mirant is considering applying for a patent.

"As is standard practice, these agencies have agreed to protect business information that is proprietary and has nothing to do with emissions levels. Even if Mirant had not done so, the agencies would have disclosed, or insisted that Mirant disclose, any information regarding emissions, and it is preposterous and irresponsible for the City Council to suggest otherwise.  The political posturing is motivated by upcoming city elections and not by legitimate concerns regarding environmental quality.

"We have invested substantial time, effort, creativity and money in our process and technology, and it seems unfair to try to make us disclose that to our competitors before we're ready.  That's why the law protects business information.  We also think that Mirant and the Virginia DEQ have interpreted the law correctly.  But we are willing to submit the question to a judge and, of course, to abide by the decision," Williams said.

Mirant is seeking solutions for reducing emissions.  One of the engineering solutions Mirant is working on for the Potomac River plant involves "trona," a benign, naturally occurring mineral with properties similar to baking soda.  It is not volatile, flammable or combustible, and it has been approved for use by the EPA and the Virginia DEQ.  The results of the tests have been successful.  The use of trona reduces sulfur dioxide emissions while creating no other hazards or emissions and posing no risk to the community.  "Trona may not solve all sulfur dioxide issues at all plants," noted Williams, "but it is one option that we are considering to reduce emissions."

"We cannot understand why anyone on the City Council could reasonably oppose efforts to reduce emissions.  If the City Council were really interested in reducing emissions it should be helping us.  We are concerned that some parties are, in truth, interested in destroying the value of private property so that it can be turned over on the cheap to developers.  That's not the American way, and it's not legal," Williams said.

"Over just the last 18 months the City Council has already wasted nearly $1 million of the taxpayers' money on lawsuits and political harassment -- the latest lawsuit resulted in a finding by a Virginia court that the City Council had been 'unreasonable and arbitrary.'  Mirant will be a good corporate citizen, but it will insist on its rights as a citizen.

"The City Council has thus far seemed more interested in fights than in reducing emissions.  We are interested in reducing emissions so that we can run this plant to support a reliable supply of electricity for the nation's welfare and security while we also comply with environmental laws."

The Potomac River plant has always operated in compliance with all its emissions permits, but in August 2005 a "worst case" computer model suggested that it had potential, modeled exceedances of certain emissions for a few days a year at a few areas near the plant.  Mirant immediately began operating at a reduced level so as to comply fully with the model, and immediately began to work in full cooperation with the federal and state agencies to remediate these modeled exceedances.  Mirant is now running the plant in compliance with an order from the U.S. Department of Energy to support energy reliability, and in compliance with all environmental laws, while further developing this innovative solution to sulfur dioxide emissions.

"We would like to go about our business, and the nation's business, of reducing emissions and providing reliable electricity, not to have to continue to fight with the City Council," concluded Williams.  "Indeed, if the technology works we'll agree to share with the City of Alexandria any money we make from it."

Mirant is a competitive energy company that produces and sells electricity in the United States, the Caribbean, and the Philippines. Mirant owns or leases more than 17,500 megawatts of electric generating capacity globally. The company operates an asset management and energy marketing organization from its headquarters in Atlanta. For more information, please visit http://www.mirant.com/.

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