
The Indian River Power Plant, Delaware’s worst polluter.
Last week I started getting e-mails from various sources telling me about another public hearing in Millsboro over the issuance of a permit for the Indian River Power Plant, Delaware’s worst polluter. This time, the permit was over a proposed “Activated Carbon Injection” system designed to reduce mercury emissions from the smokestacks.
I thought, “Less mercury? Woo hoo!” But then, I started getting e-mails from various environmental groups that were filled with cautions over the plan. I didn’t get it. But now, unfortunately, I do.
NRG’s plan is to use an “Activated Carbon Injection” system to trap mercury, which is great, and apparently cost effective. What isn’t great is that when the system is saturated, the mercury infused waste will be dumped in the fly ash pile already on the plant’s site. An ash pile that has no barrier between it and the ground, it isn’t covered, and it isn’t equipped to handle toxic waste. So basically the mercury can leech into the ground, or it can simply fly off the top of the uncovered ash pile.
“A new solid waste is going to be generated and where and how this waste is managed is really a significant issue for the public.” ~ John Austin, Citizens for Clean Power AUDIO
(As an aside, it seems that even though studies are showing that fly ash piles are indeed toxic, the EPA is just getting around to thinking about it, meanwhile the piles are not regulated by either the EPA or DNREC, but what the heck, substances like arsenic couldn’t be dangerous, right?)

41st District Representative Greg Hastings, the only legislator who bothered to show up for the hearing.
“From sitting here tonight, it just makes me more aware of the work I need to do.” ~ 41st District Representative Greg Hastings AUDIO
And while an NRG Energy Representative assured the crowd the plant wanted to be a “good neighbor,” years of the facility thwarting regulations has left some, shall we say, “skeptical.”

Three representatives from NRG Energy in Millsboro. I’m showing them sitting down from behind because I’m so nice.
“You did stand here and say you want to be a “good neighbor.” I’m going to look in your face and I’m going to say, “As a physician who deals with cancer patients you be a “good neighbor,” do not fight these people, do not fight us by saying you won’t put it in a lined fly ash pit.” Do you like to sleep at night? Do you?” ~ Dr. Kim Furtado to NRG Representatives at the hearing AUDIO
Michael Fiorentino from the Mid Atlantic Environmental Law Center attended the hearing to ask questions. I think he was hired by one or more of the citizens groups in the area. I spoke with Mr. Fiorentino after the hearing to get his take on the plan:
“Our primary concern here tonight was that in the effort to control one dangerous pollutant we don’t end up squeezing that pollution out in another form.” ~ Michael Fiorentino, Mid Atlantic Environmental Law Center AUDIO
There were a few speakers who surprised me. One was a man named Brooks Freeman from Lewes:
“I’ve only spent 6 months of my entire life away from this area. I’ve never smoked, and I’ve never drank. I am a cancer survivor.” ~ Brooks Freeman AUDIO
The other was a Thomas Sullivan, a Millsboro resident:
“Three years ago my doctor warned me not to eat one fish out of the Indian River.” ~ Thomas Sullivan AUDIO
Now, I’ve got to say that the best part of the evening was when I stood up and tried to ask some questions, and for the record, I was extraordinarily polite. AUDIO But unfortunately, Hearing Officer, Robert Haynes of DNREC told me “No, no, no” and said I could ask DNREC and NRG questions after the hearing was over. I guess they didn’t want me on the record.
Well, Mr. Haynes denying me the right to ask questions really ticked off a woman in the crowd that I never saw before, and who left before I could find out who she was. I want to thank her for standing up for me like that. I found Mr. Haynes response to her unsettling, to say the least. Apparently, I’m not a “member of the public.”
“She’s a member of the press, she’s not a member of the public.” ~ DNREC Hearing Official Robert Haynes, ruling that I’m not a member of the public, and therefore I have no right to ask questions in a DNREC public hearing. AUDIO OF MY RIGHTS BEING DENIED BY A BUREAUCRAT
Now, just to add a little salt to the wound, after the hearing, the three NRG Representatives went squirrelly. One disappeared immediately, and the other two refused to answer my questions. And yeah, I have audio of the NRG people blowing me off. AUDIO OF NRG EMPLOYEES REFUSING TO ANSWER MY QUESTIONS
For the record, here are the horrifying questions I was going to ask DNREC and NRG Energy
1. What is the total amount of mercury in pounds or tons put out by the IRPP per year.
2. Are you (NRG) using the cleaner burning coal now? What kind of coal are you currently burning?
3. What percentage of NRG’s electricity is contracted to Delaware energy companies, how much goes to out of state contracts?
4. Is the 80% reduction based on total output or is it for each unit?
5. How often will emissions be tested, by whom, and is NRG responsible for telling DNREC they aren’t in compliance? Who tells DNREC if there is a violation?
6. Tell us about the erosion around the fly ash pit, is the seawall compromised? Why isn’t it lined or covered? Are fly ash pits regulated by the EPA or DNREC?
7. Will NRG be “mothballing” Units 1 & 2 on schedule?
8. What is the public comment time frame?
Yes, all scandalous and out of line. No wonder DNREC Hearing Officer, Robert Haynes shut me down. HERE’S A SCANNED COPY OF MY NOTEBOOK PAGES WITH THE SCARY QUESTIONS.
So, I have been officially ruled “not a member of the public” by DNREC. And here I was walking around like I had the right to ask questions about a state permit for a facility in my backyard and in the backyard of the people in WGMD’s listening area.
Shame on me.
Incidentally, the NRG Representatives told Mr. Haynes that they have to have the permit in three weeks which means no opportunity for the public to digest what went on Wednesday night, and then add their comments to the record for consideration.
You can contact DNREC Hearing Officer Robert Haynes at 302-739-9039 and his email address is Robert.Haynes@state.de.us.