FIRST ENERGY GENERATION CORPORATION

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.). 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. An AO for the failure to respond to the 1999 information request, and supplemental 114 request were issued 5/16/08, at which time FirstEnergy requested a meeting to discuss the AO. At that time they proposed to respond to the questions from the new 114 request to the previous timeframe (1978) of the 1999 information request. This proposal was acceptable to EPA and the ACO was drafted with the terms of the agreement. This ACO resolves the 5/18/08 AO issued to FirstEne