On February 20, 2001, the Shasta County Department of Resource Management Air Quality Management District (the “District”), pursuant to a delegation from U.S. Environmental Protection Agency Region IX (“Region IX”), issued a federal Clean Air Act prevention of significant deterioration (“PSD”) permit to Three Mountain Power, LLC (“TMP”), authorizing the construction of a 500-megawatt nominally-rated natural gas-fired electrical generating power plant in Burney, Shasta County, California (the “Permit”).