NRG Settles Lawsuit with the States of New Jersey and Connecticut
– Ceases Coal-Fueled Generation at Mt. Bethel, Pa. Plant and Invests in
Environmental Projects –
PRINCETON, N.J. -- May 15, 2013
NRG Energy, Inc. (NYSE: NRG) 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, Pa. The settlement, via a federal Consent Decree, allows the
parties to avoid further litigation of a lawsuit that began in 2007.
"NRG only acquired the Portland plant in December 2012 when we closed our
merger with GenOn – but we immediately started working with New Jersey and
Connecticut and were able to resolve this issue without additional delay or
cost to taxpayers," said Lee Davis, President of NRG’s East Region. "As a part
of the settlement, we committed to make a significant investment in projects
that are beneficial to the environment consistent with NRG’s focus on
providing power in a way that is environmentally responsible, reliable and
affordable." NRG is the nation’s largest developer of fast-charging
infrastructure for electric vehicles, and a leading developer of large-scale
and distributed solar energy.
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 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. NRG operates generating stations in 16 states including
New Jersey and Connecticut; the company’s commercial headquarters is located
in Princeton, N.J.
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.
Portland Station is a 570 MW plant, located 26 miles northeast of Bethlehem,
Pa., on the Delaware River.
NRG is at the forefront of changing how people think about and use energy. We
deliver cleaner and smarter energy choices for our customers, backed by the
nation’s largest independent power generation portfolio of fossil fuel,
nuclear, solar and wind facilities. A Fortune 500 company, NRG is challenging
the U.S. energy industry by becoming one of the largest developers of solar
power, building the first privately-funded electric vehicle charging
infrastructure, and providing customers with the most advanced smart energy
solutions to better manage their energy use. In addition to 47,000 megawatts
of generation capacity, enough to supply nearly 40 million homes, our retail
electricity providers – Reliant, Green Mountain Energy and Energy Plus – serve
more than two million customers. More information is available at
www.nrgenergy.com. Connect with NRG Energy on Facebook and follow us on
NRG Safe Harbor Disclosure
This news release contains forward-looking statements within the meaning of
Section 27A of the Securities Act of 1933 and Section 21E of the Securities
Exchange Act of 1934. Such forward-looking statements are subject to certain
risks, uncertainties and assumptions and include NRG’s expectations regarding
the Company’s Portland facility and forward-looking statements typically can
be identified by the use of words such as “will,” “expect,” “believe,” and
similar terms. Although NRG believes that its expectations are reasonable, it
can give no assurance that these expectations will prove to have been correct,
and actual results may vary materially. Factors that could cause actual
results to differ materially from those contemplated above include, among
others, general economic conditions, hazards customary in the power industry,
competition in wholesale power markets, the volatility of energy and fuel
prices, failure of customers to perform under contracts, changes in the
wholesale power markets, changes in government regulation of markets and of
environmental emissions, and our ability to achieve the expected benefits and
timing of our power generation projects. NRG undertakes no obligation to
update or revise any forward-looking statements, whether as a result of new
information, future events or otherwise. The foregoing review of factors that
could cause NRG’s actual results to differ materially from those contemplated
in the forward-looking statements included in this news release should be
considered in connection with information regarding risks and uncertainties
that may affect NRG’s future results included in NRG’s filings with the
Securities and Exchange Commission at www.sec.gov.
David Gaier, 609-524-4529
Dave Knox, 713-537-2130
Chad Plotkin, 609-524-4526
Andy Davis, 609-524-4527
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