EPA v. First Energy Solutions Bankruptcy

Case summary

On September 11, 2023, the United States entered into a Stipulation Modification for the previously settled Chapter 11 Bankruptcy case of In re FirstEnergy Solutions Corp. This Stipulation Modification revises a corporate guarantee by Energy Harbor Corp. (formerly known as FirstEnergy Corporate Solutions) embodied in an August 15, 2019, Stipulation, for the performance of certain obligations by its subsidiary, Energy Harbor Generation LLC (EH Generation) These obligations include environmental obligations that EH Generation is required to perform due to it ceasing operations at its Sammis electricity generating power plant, located on the Ohio River in Stratton, Ohio.

Defendants (1)

• First Energy Solutions CorporationNamed in complaintNamed in settlement

Facilities (4)

• FIRSTENERGY - W H SAMMIS GENERATING PLANT

  29503 STATE ROUTE 7, STRATTON, OH, 43961

  Registry ID: 110000591609

• FIRSTENERGY W H SAMMIS PLANT

  STATE RTE. 7, STRATTON, OH, 43961

  Registry ID: 110000591609

• HOLLOW ROCK FACILITY

  15204 STATE RTE 152, TORONTO, OH, 43964

  Registry ID: 110046576004

• ETEM REMEDIATION ONE LLC

  29503 STATE RTE 7, STRATTON, OH, 43961

  Registry ID: 110064593729

Statutes cited

• CWA 301/402 — NPDES Permit Violations
• CERCLA 107A — Cost Recovery
• RCRA 7003 — Imminent Order: Solid or Hazardous Waste

Enforcement conclusions (1)

• First Energy Solutions Bankruptcyentered 2023-09-11

  Primary law: RCRA

Timeline (5 milestones)

• 2018-09-27Referred To Dept Of Justice
• 2018-10-11Enforcement Action Data Entered
• 2021-12-22Complaint Filed With Court
• 2023-09-11Final Order Lodged
• 2023-09-11Final Order Entered