Centre for Environmental Rights – Advancing Environmental Rights in South Africa

1. Arnot
   • Arnot’s emission reduction plan and compliance roadmap to ensure compliance with the emission standards as per the current Atmospheric Emission Licence (AEL) from 1 April 2015 to 1 April 2025, providing a detailed outline of how Eskom will achieve compliance; and
   • Arnot’s decommissioning plan, including the dates when Eskom plans to start the decommissioning process and the required environmental impact assessment (EIA) process. In this regard, the AEL indicates that the station is due to be decommissioned between 2021 and 2029.
2. Camden
   • Camden’s emission reduction plan and compliance roadmap to ensure compliance with the emission standards as per the current AEL and Minimum Emission Standards (MES) from 1 April 2015 to 1 April 2025, providing a detailed outline of how Eskom will achieve compliance; and
   • Camden’s decommissioning plan, including the dates when Eskom plans to start the decommissioning process and the required EIA process. In terms of the postponement decision issued on 13 February 2015, Camden is scheduled to be decommissioned in 2020.
3. Duvha
   • Duvha’s emission reduction plan and compliance roadmap to ensure compliance with the emission standards as per the current AEL from 1 April 2015 to 1 April 2025, providing a detailed outline of how Eskom will achieve compliance; and
   • Duvha’s decommissioning plan, including the dates when Eskom plans to start the decommissioning process and the required EIA process. In terms of the postponement decision issued on 13 February 2015, Duvha is scheduled to be decommissioned between 2030 and 2034.
4. Grootvlei
   • Grootvlei’s emission reduction plan and compliance roadmap to ensure compliance with the emission standards as per the current AEL and MES from 1 April 2015 to 1 April 2025, providing a detailed outline of how Eskom will achieve compliance; and
   • Grootvlei’s decommissioning plan, including the dates when Eskom plans to start the decommissioning process and the required EIA process. In terms of the postponement decision issued on 13 February 2015, Grootvlei is scheduled to be decommissioned between 2025 and 2028.
5. Hendrina
   • Hendrina’s emission reduction plan and compliance roadmap to ensure compliance with the emission standards as per the current AEL from 1 April 2015 to 1 April 2025, providing a detailed outline of how Eskom will achieve compliance; and
   • Hendrina’s decommissioning plan, including the dates when Eskom plans to start the decommissioning process and the required EIA process. In terms of the postponement decision issued on 13 February 2015, Hendrina is scheduled to be decommissioned between 2020 and 2027.
6. Kendal
   • Kendal’s emission reduction plan and compliance roadmap to ensure compliance with the emission standards as per the current AEL from 1 April 2015 to 1 April 2025, providing a detailed outline of how Eskom will achieve compliance; and
   • Kendal’s decommissioning plan, including the dates when Eskom plans to start the decommissioning process and the required EIA process. Neither the postponement decision nor the AEL indicate when Kendal is scheduled to be decommissioned. However, the January 2014 postponement application stated that Kendal would either be decommissioned between 2038 and 2043 (in accordance with the 50 year life plan) or between 2048 and 2053 (in accordance with the 60 year span). We note that this is the same date as in the compliance roadmaps provided to us by the NAQO.
7. Komati
   • Komati’s emission reduction plan and compliance roadmap to ensure compliance with the emission standards as per the current AEL and MES from 1 April 2015 to 1 April 2025, providing a detailed outline of how Eskom will achieve compliance; and
   • Komati’s decommissioning plan, including the dates when Eskom plans to start the decommissioning process and the required EIA process. In terms of the AEL, Komati is scheduled to be decommissioned between 2024-2029.
8. Kriel
   • Kriel’s emission reduction plan and compliance roadmap to ensure compliance with the emission standards as per the current AEL from 1 April 2015 to 1 April 2025, providing a detailed outline of how Eskom will achieve compliance; and
   • Kriel’s decommissioning plan, including the dates when Eskom plans to start the decommissioning process and the required EIA process. In terms of the AEL, Kriel is scheduled to be decommissioned between 2020-2034.
9. Kusile
   • Kusile’s emission reduction plan and compliance roadmap to ensure compliance with the emission standards as per the current AEL, providing a detailed outline of how Eskom will achieve compliance; and
   • Kusile’s decommissioning plan, including the dates when Eskom plans to start the decommissioning process and the required EIA process. Neither the AEL nor the postponement applications state when Kusile will be decommissioned. However, the 2013 IEP Report states that it is scheduled to be decommissioned in 2054 after a 40 year life span.
10. Lethabo
    • Lethabo’s emission reduction plan and compliance roadmap to ensure compliance with the emission standards as per the current AEL and MES from 1 April 2015 to 1 April 2025, providing a detailed outline of how Eskom will achieve compliance; and
    • Lethabo’s decommissioning plan, including the dates when Eskom plans to start the decommissioning process and the required EIA process. Neither the AEL nor the postponement decision letter give an indication of when Lethabo will be decommissioned. However the postponement application dated February 2014 provides that Lethabo is scheduled to be decommissioned between 2035 and 2040 (according to the 50 year life span), or between 2045-2050 (according to the 60 year life span).
11. Majuba
    • Majuba’s emission reduction plan and compliance roadmap to ensure compliance with the emission standards as per the current AEL and MES from 1 April 2015 to 1 April 2025, providing a detailed outline of how Eskom will achieve compliance; and
    • Majuba’s decommissioning plan, including the dates when Eskom plans to start the decommissioning process and the required EIA process. Neither the AEL nor the postponement decision letter give an indication of when Majuba will be decommissioned. However, the postponement application dated February 2014 provides that Majuba is scheduled to be decommissioned between 2046 and 2051 (according to the 50 year life span), or between 2056-2061 (according to the 60 year life span).
12. Matimba
    • Matimba’s emission reduction plan and compliance roadmap to ensure compliance with the emission standards as per the current AEL from 1 April 2015 to 1 April 2025, providing a detailed outline of how Eskom will achieve compliance; and
    • Matimba’s decommissioning plan, including the dates when Eskom plans to start the decommissioning process and the required EIA process. Neither the AEL nor the postponement decision letter provide an indication of when Matimba will be decommissioned. However, the postponement application dated February 2014 provides that Matimba is scheduled to be decommissioned between 2037 and 2041 (according to the 50 year life span), or between 2047-2051 (according to the 60 year life span).
13. Matla
    • Matla’s emission reduction plan and compliance roadmap to ensure compliance with the emission standards as per the current AEL from 1 April 2015 to 1 April 2025, providing a detailed outline of how Eskom will achieve compliance; and
    • Matla’s decommissioning plan, including the dates when Eskom plans to start the decommissioning process and the required EIA process. Neither the AEL nor the postponement decision letter provide an indication of when Matla will be decommissioned. However, the postponement application dated February 2014 provides that it is scheduled to be decommissioned between 2029 and 2033 (according to the 50 year life span), or between 2039 and 2043 (according to the 60 year life span).
14. Medupi
    • Medupi’s emission reduction plan and compliance roadmap to ensure compliance with the emission standards as per the current AEL from 1 April 2015 to 1 April 2025, providing a detailed outline of how Eskom will achieve compliance; and
    • Medupi’s decommissioning plan, including the dates when Eskom plans to start the decommissioning process and the required EIA process. Neither the AEL nor the postponement decision letter provide an indication of when Medupi will be decommissioned. However, the postponement application dated February 2014 provides that it is scheduled to be decommissioned in 2064 (according to the 50 year life span), or in 2074 (according to the 60 year life span).
15. Tutuka
    • Tutuka’s emission reduction plan and compliance roadmap to ensure compliance with the emission standards as per the current AEL and MES from 1 April 2015 to 1 January 2026, providing a detailed outline of how Eskom will achieve compliance; and
    • Tutuka’s decommissioning plan, including the dates when Eskom plans to start the decommissioning process and the required EIA process. Neither the AEL nor the postponement decision letter provide an indication of when Tutuka will be decommissioned. However, the postponement application dated February 2014 provides that it is scheduled to be decommissioned between 2035 and2040 (according to the 50 year life span), or between 2045-2050 (according to the 60 year life span).
16. General

All records and information regarding the decision-making timelines and mechanisms within Eskom’s board to ensure compliance with the AELs and MES, and the decommissioning schedule and plans. This, we, assume, would at least include funding for capex and maintenance to comply with the AELs and MES, as well as funding for the EIAs for decommissioning.

This request for information was initially made by way of a letter from the Centre for Environmental Rights (CER) to Eskom on 25 April 2016. This letter sets out background information in relation to the documents requested, and is therefore attached. The CER was informed on 12 May 2016 that it would have to submit a PAIA request for this information.

Appeal 

As Eskom did not respond to this request within the prescribed timeframe, the request is deemed to be refused. On 7 November 2016, the CER, on behalf of groundWork, launched an appeal against the deemed refusal.

The appeal was not decided.

On 2 December 2016, Eskom provided the CER with the records:

• Index and 1.1-1.2 
• 2.1-2.2
• 3.1-3.2
• 4.1-4.2
• 5.1-5.2
• 6.1-6.2
• 7.1-72
• 8.1-8.2
• 9.1-9.2 
• 10.1-10.2
• 11.1-11.2
• 12.1-12.2
• 13.1 p1-12 
• 13.1 p13-24
• 13.1 p25-36
• 13.1 p37-51 
• 13.2 p1-10
• 13.2 p11-20 
• 13.2 p21-30
• 13.3 p31-40
• 13.2 p41-46 
• 13.3 p1-12
• 13.3 p13-24
• 13.3 p25-36
• 13.4 p37-48