Copies of coal contracts and reports relating to s.30 NEMA incidents, relating to Grootvlei, Medupi and Duvha power stations

Copies of the following records are requested:

1. In respect of the Eskom Medupi Power Station:

1.1 All coal contract/s Eskom has entered into with their supplier/s for the Medupi Power Station, including the terms and conditions relating to coal quality.

2. In respect of the Eskom Grootvlei Power Station:

2.1 All coal contract/s Eskom has entered into with their supplier/s for the Grootvlei Power Station, including the terms and conditions relating to coal quality; and

2.2 The detailed report and cost-benefit analysis to support the allegations in paragraph 3.2 of Eskom’s appeal of its Grootvlei Power Station atmospheric emission licence (AEL) regarding the cost implications of sourcing better quality coal.

3. In respect of the Eskom Duvha Power Station:

3.1 Emissions monitoring data from 2013 up until (and including) July 2014;

3.2 Eskom’s ambient air quality data from 2013 up until (and including) July 2014;

3.3 Apart from Eskom’s report dated 11 June 2014, all reports submitted by Eskom, Nkangala District Municipality (the Municipality) and the Department of Environmental Affairs (DEA) in terms of section 30 of the National Environmental Management Act, 1998 (NEMA) in relation to the leakage at the Duvha Power Station sulphur plant towards the end of 2013 and the refurbishment of the S03 plant from about May 2014 (the incident), including but not limited to, any reports that include information as to:

a. the nature of the incident;
b. any risks posed by the incident to public health, safety and property;
c. the toxicity of substances or by-products released by the incident;
d. any steps that should have been taken by Eskom in order to avoid or minimise the effects of the incident on public health and the environment;
e. the substances involved and an estimation of the quantity released and their possible acute effect on persons and the environment and data needed to assess these effects;
f. initial measures taken by Eskom to minimise impacts;
g. causes of the incident, whether direct or indirect, including equipment, technology, system, or management failure; and
h. measures taken and to be taken by Eskom to avoid a recurrence of such incident;

3.4 Records reflecting that Eskom, as soon as reasonably practicable after knowledge of the incident –
a. took all reasonable measures to contain and minimise the effects of the incident, including its effects on the environment and any risk posed by the incident to the health, safety and property of person;
b. undertook clean-up procedures;
c. remedied the effects of the incident; and
d. assessed the immediate and long-term effects of the incident on the environment and public health;

3.5 Any pre-directives, directives, pre-compliance notices issued by Municipality and the DEA to Eskom in relation to the incident;

3.6 All reports submitted by Eskom in compliance with the directives and notices referred to in 3.5 above;

3.7 Any warnings or fines issued by the Municipality and the DEA to Eskom in relation to this incident; and

3.8 Details of any prosecution initiated by the Municipality or any other authority against Eskom in relation to this incident.