FIRST ENERGY GENERATION CORPORATION

Specifically, on November 10, 1999, EPA sent an information request to FirstEnergy in accordance with Section 114 of the CAA. This information request instructed FirstEnergy to submit information on the coal-fired boilers operating at their facilities (including coal consumption data, energy generation, capital improvements, etc.). This request was similar to other Section 114 requests sent to coal-fired power plants at the time. After numerous correspondence and conference calls, FirstEnergy refused to provide a complete response to EPA’s information request, stating that it would take “many employees, many months” to gather the requested documents. During the months of failed negotiation that followed, FirstEnergy attempted to fulfill our request by making all potentially responsive documents (stated as 300 boxes) available to EPA in a warehouse. In a February 25, 2000 letter, we stated that we are authorized under the CAA to obtain the requested documents and we do not have the resources to search through 300 boxes of unorganized files available in a warehouse to determine if they are responsive to our request. On June 14, 2000, we issued FirstEnergy a Finding of Violation (FOV) for failure to respond to our 1999 information request. On March 20, 2000, the Region referred this violation to the Department of Justice (DOJ) for consideration. The Region is awaiting DOJ’s response and based on a recent court decision, plans to pursue this issue further. Based on re