Contact: Jamie Rutherford, Waste Management, phone: (302) 739-3689
or Melinda Carl, Information and Education, phone: (302) 739-4506

Delaware Department of Natural Resources & Environmental Control

Millsboro, DE – NOVEMBER 1, 2002
Department of Natural Resources and Environmental Control Secretary John A. Hughes issued a Secretary’s Order yesterday, Oct. 31, to Indian River Power LLC, Millsboro, Del. for violations of Delaware’s laws and Delaware Regulations Governing Solid Waste. The company has not demonstrated financial assurance required under the current regulations.

The order directs Indian River Power to operate the industrial waste landfill at the Indian River Generation Station in accordance with specifically outlined monitoring and other data reporting requirements until Jan. 31, 2003. By that date, the company must provide to the Department financial assurance for closure and post-closure care of the landfill as required for issuance of a solid waste facility permit under the regulations.

Indian River Power LLC, a subsidiary of NRG Energy Inc., owns and operates the Indian River Generating Station in Millsboro, Del where it utilizes the on-site landfill for the disposal of coal ash resulting from the production of electricity.

Since purchasing the Indian River Power Generating Station from Delmarva Power and Light in June 2001, NRG Energy Inc. has been unable to provide financial assurances necessary for obtaining a solid waste facility permit. On Oct. 10, 2002, NRG Energy notified the Department that Indian River Power would not be able to provide financial assurance for closure, post-closure care of the landfill until mid-January 2003.

In addition to establishing specific operating requirements for the landfill, the Secretary?s Order issued yesterday establishes a compliance schedule for closure of the landfill in the event Indian River Power fails to provide financial assurance for the amount required.