EPA v. FIRST ENERGY GENERATION CORPORATION

Case summary

On November 10, 1999, EPA sent an information request to FirstEnergy in accordance with Section 114 of the CAA. This information request instructed FirstEnergy to submit information on the coal-fired boilers operating at their facilities (including coal consumption data, energy generation, capital improvements, etc.). After numerous correspondence and conference calls, FirstEnergy refused to provide a complete response to EPA’s information request, stating that it would take “many employees, many months” to gather the requested documents. During the months of failed negotiation that followed, FirstEnergy attempted to fulfill our request by making all potentially responsive documents (stated as 300 boxes) available to EPA in a warehouse. In a February 25, 2000 letter, we stated that we are authorized under the CAA to obtain the requested documents and we do not have the resources to search through 300 boxes of unorganized files available in a warehouse to determine if they are responsive to our request. An AO for the failure to respond to the 1999 information request, and supplemental 114 request were issued 5/16/08, at which time FirstEnergy requested a meeting to discuss the AO. At that time they proposed to respond to the questions from the new 114 request to the previous timeframe (1978) of the 1999 information request. This proposal was acceptable to EPA and the ACO was drafted with the terms of the agreement. This ACO resolves the 5/18/08 AO issued to FirstEnergy.

Defendants (1)

• FIRST ENERGY GENERATION CORPORATIONNamed in settlement

Facilities (4)

• CLEVELAND ELECTRIC ILLUMINATING CO., LAKE SHORE PLANT

  6800 SOUTH MARGINAL ROAD, CLEVELAND, OH, 44103

  Registry ID: 110000386500

• FIRSTENERGY GENERATION CORP., ASHTABULA PLANT

  2133 LAKE ROAD, ASHTABULA, OH, 440040000

  Registry ID: 110000385002

• EASTLAKE SUBSTATION

  10 ERIE ROAD, EASTLAKE, OH, 44095

  Registry ID: 110000386332

• WALLEYE POWER, LLC, BAY SHORE PLANT

  4701 BAY SHORE ROAD, OREGON, OH, 436160000

  Registry ID: 110000384325

Statutes cited

• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards
• CAA 114 — Record keeping, Inspection, Information Request

Enforcement conclusions (1)

• FIRST ENERGY GENERATION CORPORATIONentered 2008-07-11

  Primary law: CAA

Timeline (2 milestones)

• 2008-07-11Final Order Issued
• 2008-09-30Enforcement Action Data Entered