Eskom facing charge

AIR POLLUTION: POWER STATION NONCOMPLIANT – PUBLIC PROSECUTOR

Summons served on Friday in relation to utility’s Kendall plant.

Minister of Environment, Forestry and Fisheries Barbara Creecy has revealed summons was served on Eskom on Friday notifying it of the decision by the public prosecutor to pursue a criminal prosecution in respect of air pollution by Eskom’s Kendal power station.

This includes, among others, a charge of supplying false and misleading information in reports prepared by management at Kendal power station to an air quality officer, which is a criminal offence listed in Section 51(1)( g) of the Air Quality Act.

The summons orders Eskom representatives to appear in the Witbank Regional Court on 28 January, 2021.

This follows an internal investigation and report prepared by Eskom Audit and Forensic into air quality compliance and reporting, initiated by Eskom chief executive Andre de Ruyter on 17 May following investigations and articles by EE Business Intelligence on these matters.

The Eskom investigation report finds that “allegations made by media personalities are mainly proven true”.

“The department of environment, forestry and fisheries [Deff ] has yet to receive the full report on Eskom’s internal investigation and findings in respect of air quality compliance and reporting at Kendal power station,” said Creecy.

“A thorough and detailed analysis of the full report is needed to understand the implications of its findings and how these may affect the action currently being taken against the power station.”

The Eskom internal investigation report highlights the false and misleading classification of regular, ongoing and extended atmospheric emission contraventions above the statutory limits as “Section 30” exceedances in reports to the regulatory authorities.

A Section 30 exceedance refers to a short-term exceedance in an incident or emergency situation, such as an unexpected, sudden and uncontrolled release of a hazardous substance, including from a major emission, fire or explosion.

Following extended periods of noncompliance of all six generation units at Kendal in 2018 and 2019, Deff finally issued a compliance notice to Eskom on 10 December, 2019. The notice essentially compelled Eskom to cease operation of two units and ordered corrective measures to be undertaken, over time.

“However, some of Eskom’s units at this power station have continued to operate in noncompliance and the department issued a further warning on 17 November, 2020,” said Creecy.

“The findings and conclusions in this Eskom internal risk audit report are extremely disconcerting,” said Timothy Lloyd, an attorney and specialist in environmental law at the Centre for Environmental Rights.

“It is estimated that Kendal’s air pollution during this noncompliance period was responsible for between 67 and 144 early deaths in 2018, and 61 and 130 early deaths between November 2018 and October 2019.”

Andre de Ruyter indicated that Eskom has conducted a thorough investigation into allegations of noncompliance at Kendal.

Findings, conclusions extremely disconcerting