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Class Action Lawsuit Against NRG Cheswick Station Dismissed
Princeton NJ, May 14, 2015—On May 13, 2015, the U.S. District Court for the Western District of Pennsylvania dismissed with prejudice a class action lawsuit filed in 2012 against NRG’s Energy’s (NYSE: NRG) Cheswick Generating Station in Springdale, Pennsylvania. NRG did not pay the plaintiffs any money or other consideration to obtain the dismissal.
In this case, the plaintiffs had argued that they could bring state law trespass and nuisance claims against the Cheswick station because of the plant’s air emissions–even though the plant is fully permitted under federal and state law and in compliance with its permits. The U.S. Court of Appeals held in 2014 that the state law claims were not preempted by the Clean Air Act.
The district court has now dismissed all of the plaintiffs’ claims. In the dismissal order, the plaintiffs conceded they had failed to prove any personal injuries, property damage, or environmental contamination from the plant, and had failed to prove that the Cheswick Generating Station was operated improperly.
NRG and its predecessors have spent more than $400 million on emission control equipment at the plant since 2003, and have dramatically improved the plant’s environmental footprint. "We live and work in this community and take seriously our mission to protect the environment while generating affordable electricity," said David Gaier, spokesman for NRG’s East Region. "NRG has operated its Cheswick plant in accordance with all applicable federal and state laws and regulations, including the Title V Air Permit issued by the US EPA.."
The case is Bell, et al. v. Cheswick Generating Station, Genon Power Midwest, L.P. , no. 12-929.
NRG is leading a customer-driven change in the U.S. energy industry by delivering cleaner and smarter energy choices, while building on the strength of the nation’s largest and most diverse competitive power portfolio. A Fortune 250 company, we create value through reliable and efficient conventional generation while driving innovation in solar and renewable power, electric vehicle ecosystems, carbon capture technology and customer-centric energy solutions. Our retail electricity providers serve almost 3 million residential and commercial customers throughout the country. More information is available at www.nrgenergy.com. Connect with NRG Energy on Facebook and follow us on Twitter @nrgenergy.
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 environmental controls at the Cheswick facility. 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 environment emissions control installations. 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 David.Gaier@nrg.com