Electric utility NRG Energy Inc. (NRG) said Wednesday it has agreed with the States of New Jersey and Connecticut to settle a lawsuit concerning the operation of two coal-fueled electric generating units at the company's Portland Generating Station in Mt. Bethel, Pennsylvania.
The settlement, via a federal Consent Decree, allows the parties to avoid further litigation of a lawsuit that began in 2007, the company said.
The agreement ends a lawsuit brought by the States of New Jersey and Connecticut for alleged noncompliance with the federal Clean Air Act at the Portland plant based on work done many years before NRG acquired the facility.
NRG said it operates the Portland plant in full compliance with permits issued by Pennsylvania and denies there have been any violations of the Clean Air Act. However, the company agreed with New Jersey and Connecticut that settlement of this action is in the public interest and the most efficient means of resolving the dispute.
To meet the requirements of the settlement, NRG will stop using coal as fuel in two units at its Portland facility by June 1, 2014 after receiving the appropriate regulatory approvals. The units were previously scheduled to be deactivated on January 6, 2015. NRG has also agreed to invest $1 million to benefit the environment in New Jersey and Connecticut.
The Consent Decree will be provided to the U.S. Department of Justice (DOJ) and U.S. Environmental Protection Agency (EPA) for review and comment for a period of 45 days and then must be approved by the U.S. District Court for the Eastern District of Pennsylvania.
For comments and feedback: editorial@rttnews.com