DNREC settles with NRG for ~ $1.00 per violation!
January 8th, 2009
Horse’s Ass Award to DNREC’s John Hughes and (not-soon-enough) outgoing Gov. Minner (can’t have Delmarva Power’s Todd Goodman thinking he’s the only one!):
Let’s think a bit here… why this settlement? What would make it worth their while?
NRG has been belching pollution forever, violating federal rules, violating the Clean Air Act. For years this has been an issue, Green Delaware at the head of the charge. There’s been building attention and recently, Citizens for Clean Power filed Notice of Intent to Sue (below). And now, at the last minute of the Minner administration, DNREC does a deal with NRG that is so slimy, rolling over in a way that is less than a slap on the wrist to NRG and which could be just barely enough to prevent a suit by Citizens for Clean Power. And what if this had been filed at the END of November to put Markell on notice that he was expected to act, taking away that power to do an end run from Minner’s administration?
Here’s the 60 day notice filed on behalf of Citizens for Clean Power:
Here are some Green Delaware Alerts about NRG’s Indian River Power Plant:
And from the Archives:
Green Delaware Alert 238 – Minner administration proposes reduced reporting of SO2 releases
Green Delaware Alert 302 – Where does Delaware’s mercury come from?
Green Delaware Alert 499 – What problems are fundamental? Will our legislators tackle them?
Green Delaware Alert 506 – A decision time for power plant pollution in Delaware
For more from Green Delaware on NRG, go to www.greendel.org and search for NRG
From the News Journal yesterday and today:
This came over the wire today from Pat Gearity, Citizens for Clean Power, who have been leaning hard on NRG, that’s their mission:
Dear supporters of clean air:
Two months ago, CCP filed a 60-day Notice of Intent to Sue NRG’s Indian River Power Plant for over 5,000 violations of federal law from 2004-2008, including exceedances of nitrous oxide emissions and the opacity standard (a measure of particulate density discharged from the stacks). By law, DNREC and Governor Minner were also notified. Yesterday, DNREC announced its own lawsuit against NRG for the very violations CCP has alleged and that the agency has done nothing about since 2004. Why did DNREC take this action exactly 60 days before CCP could file its lawsuit? BY ENTERING INTO A TOKEN SETTLEMENT WITH NRG, DNREC AND JOHN HUGHES ALSO ATTEMPT TO BAR THE FILING OF CCP’S LAWSUIT.
On what basis did NRG Indian River solicit DNREC’s legal action to stop CCP’s impending citizen suit? Under the Clean Air Act, “diligent prosecution” in a court by a state agency precludes a private citizen suit if the agency files before the citizen suit can be filed.
On his way out the door, John Hughes took care of NRG again. Under a citizen lawsuit, IRPP could have been fined as much as $32,500 per violation and could have been ordered to pay additional funds to mitigate the environmental damage. Instead, the Secretary and the Agency stepped in to try to stop us for $1.00 per violation and a few token changes, with no environmental mitigation penalties.
NRG’s profits from IRPP make it a mega-million $ “cash cow” for the company. DNREC’s attempted interference with citizen’s rights is disgraceful. Change is desperately needed at DNREC. Please write Governor-elect Jack Markell at: Jack Markell <campaign@markell.org> or call him at 302 672-6700. Ask him to appoint a Secretary who will put public health, safety and corporate accountability above industry profit.
Please forward this email to interested persons. CCP’s 60-day Notice Letter to NRG is attached FYI.
Pat Gearity, Citizens for Clean Power
CITIZENS DECRY DNREC ATTEMPT TO PREVENT PRIVATE LAWSUIT AGAINST INDIAN RIVER POWER PLANT
LEWES, DELAWARE, January 7, 2009 – Citizens for Clean Power charged today that the Delaware Department of Natural Resources and Environmental Control (DNREC) is attempting to bar the filing of a private citizen lawsuit against the NRG-owned Indian River Generating Station (IRGS) for over 5,000 violations of the federal Clean Air Act since 2004, by filing its own lawsuit and pursuing only nominal penalties from the company.
On November 6, 2008, the Mid-Atlantic Environmental Law Center, representing Citizens for Clean Power (CCP), provided notice of intent to sue NRG affiliate Indian River Power, LLC, the operator of the power plant (IRGS) in Millsboro, Delaware. On January 5, 2009, one week before CCP could file its case by law, DNREC filed its own lawsuit against Indian River Power. DNREC’s suit mirrors the charges made by CCP. CCP’s notice letter charged that IRGS has violated provisions of the Clean Air Act, its Title V Operating Permit, and the emission limitations in various federal and state rules
and permits. The letter identified violations of state and federal opacity standards and nitrogen oxide standards from all four operating units at the plant. In its notice, CCP alleged that IRGS committed more than 4400 opacity violations and 771 violations of nitrogen oxide standards dating to 2004, and indicated the suit would seek financial penalties and injunctive relief to ensure future compliance.“We have complained to DNREC about the pollution from this plant for years, but until our lawsuit approached, DNREC consistently declined to enforce the law,” William Zak, co-founder of Citizens for Clean Power, said. “Despite Indian River Power Plant being the biggest polluter in the state, DNREC has now essentially acted on the plant’s behalf to halt the meaningful deterrence and compliance-inducing injunctive relief we would seek through our suit,” Zak continued.
Each time that Indian River violated its permit and the underlying regulations a separate violation of the Clean Air Act occurred. Under a private citizen lawsuit, each violation can result in maximum civil penalties of up to $32,500. Proceeding under state law, DNREC’s suit indicates it is authorized to seek financial penalties against the plant between $1,000 and $10,000 per violation. But the reality is
far, far lower. The filed Consent Order from DNREC, agreed to by Indian River Power, features a $5,000 penalty, along with other minor requirements.“The pattern of opacity non-compliance at Indian River is so extensive that only significant penalties designed to deter future violations and an upgrade in particulate matter pollution controls will resolve the situation,” said Michael Fiorentino of Mid-Atlantic Environmental Law Center, Counsel to CCP. “At less than a dollar per incident, violating the Clean Air Act has never been this cheap.”
Zak was outraged by word of DNREC’s settlement. “It’s a major slap in the face to the public and particularly to the citizens of eastern Sussex County, who have been breathing toxic pollution from the Indian River plant for more than fifty years, with little or no advocacy by the one state agency charged with protecting them,” Zak said.
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As Pat Gearity reports, they’re not done with this yet… stay tuned for the rest of the story!
Award for Todd Goodman, Delmarva Power
December 23rd, 2008
We sent this post out as a Green Delaware Alert to test the new consolidated email list, and WHEW, this has done a lot for Green Delaware fundraising! Keep it comin’, folks! To donate to Green Delaware, you can use PayPal (CLICK HERE FOR PAYPAL) or send to Green Delaware, P.O. Box 69, Port Penn, Delaware 19731. Thanks to all those who got fired up and nominated others for a Horse’s Ass Award. Feel free to leave suggestions in the Comment section (you have to click on the headline to get into the individual post, and the comment section is at the bottom, it’s moderated, but I approve everything but spam). CLICK HERE FOR PAYPAL FOR GREEN DELAWARE. And click here for the Green Delaware Newsletter – December 2008.
Back to Todd Goodman, Attorney for Delmarva Power, and his Horse’s Ass Award…
Today’s Horse’s Ass award goes to BADMAN Todd Goodman, counsel for Delmarva Power. He put on a superb performance December 3, and deserves this award, no doubt!
It took a long time to get the transcript. I asked how long it would take, and was told 7 days. Two weeks later, I started inquiring, and both Alan and I had a couple phone calls and emails with the “Nickerson twins,” Karen and Donna, staff at the PSC, a bit of fisticuffs, and finally, here it is.
So here’s what happened. I went to a hearing on the Delmarva Power Integrated Resource Plan, a PUBLIC hearing that is, and he tried to keep me from testifying. It was grossly offensive, saying that I was representing Green Delaware, which I was not, I have plenty of my own to say, thank you… and Muller can assuredly speak for himself, when he’s not wearing a gag.
Goodman was a certified horse’s ass. He accused me of practicing law without a license (by testifying as Carol A. Overland in an IRP docket based on what I know from MN IRPs?), that I should not be allowed to testify because I don’t live in Delaware (excuse me, I live in Minnesota and Delaware, so there, pppppppffffffffbbt!), he tried everything he could think of, smirking all the way. What is he afraid of? It was so extreme that it made me wonder if his company knows what he’s doing. Does Delmarva Power approve of and promote conduct like this? Unreal…
Throughout, the Public Advocate sat there, not even at the table, sat behind in the peanut gallery, silent. The good news is that PSC Commissioner Jeff Clark was there, witness to it all. That makes it worthwhile, Delmarva exposed, behaving that way before a regulator. As a bull-headed Minnesota energy regulator/energy wonk/worthy opponent said, upon hearing this story:
Re: Delmarva Power — haven’t those folks learned that it really doesn’t help them to try to screw with you like that? A) You always have useful things to say and for folks to consider, resulting in better decisions; and B) it just pisses you off and makes you want to make things 10 times worse for them.
Yup, that it does, and yes-siree, it will indeed be 10 times worse for them.
Here’s the transcript, Todd Goodman in technicolor:
If you want to have another good laugh, check out the Delmarva Power IRP.
This 2006 IRP is on the third iteration because they couldn’t come up with one that the PUC would accept, it was deficient, and deficient again, and so now this third one was submitted in November. On December 15, rather than file their 2008 IRP they send a letter saying they want to use this 2006 amended IRP filing as the one that’s due in December 2008. How lame can we get? I hope the PSC gives them the gong on that idea.
