Key correspondence
The Pollution & Climate Change Team has participated and is participating in numerous environmental impact assessment processes, including in relation to: various of the proposed independent power producer coal-fired power stations, the Thabametsi climate change impact assessment, the retrofitting of flue gas desulphurisation at Medupi coal-fired power station; and phase 2 of the Mokolo Crocodile Water Augmentation Project. Should you require copies of any of these documents or the CER’s submissions, please contact us.
Weakening the Minimum Emission Standard (MES) for sulphur dioxide (SO2)
Correspondence
- CER letter to DEA Director General opposing establishment of expert panel on sulphur dioxide abatement solutions (5 March 2018)
- CER letter to DEA requesting the urgent withdrawal of the provision in the list of activities regarding the weakening of the SO2 new plant minimum emissions standards for existing plants (8 November 2018)
- CER letter to Minister Mokonyane requesting the urgent withdrawal of the provision in the list of activities regarding the weakening of the SO2 new plant minimum emissions standards for existing plants (23 November 2018) (without annexures)
- CER Letter to Minister Mokonyane regarding CER opposition to SO2 Expert Panel (13 December 2018)
- CER letter to Minister Mokonyane requesting the urgent withdrawal of the provision of the list of activities regarding the weakening of the SO2 new plant minimum emission standards for existing plants (5 March 2019)
- Minister Mokonyane’s response to the CER regarding the regulations for implementing and enforcing the HPA Air Quality Management plan 2012 (dated 30 April 2019 but sent 9 May 2019)
- Life After Coal submissions opposing the proposed doubling of the 2020 SO2 MES (5 July 2019)
- Annexure 1– CER submissions of 25 June 2018
- Annexure 2– CER letter to DEA re SO2 Panel (5 March 2018)
- Annexure 3 – Lauri Myllyvirta “Air quality and health impacts of doubling the South African standards for SO2 emissions from power plants” (3 July 2019)
- Annexure 4– Dr Ron Sahu “Comments on the Proposed Increase in the Minimum Emission Standard (MES) for Sulphur Dioxide (SO2) Applicable to Coal Fired Power Plant Stacks in South Africa” (July 2019)
- Department of Environmental Affairs’ Terms of Reference For The Appointment of Expert Panel to Provide Strategic and Technical Guidance Towards Effective Management of Sulphur Dioxide Emissions from Old And Existing Plants
- CER Letter to Minister Creecy re Cost of MES Compliance (30 July 2019)
- CER letter to Minister Creecy Requesting Reasons for SO2 MES doubling (3 April 2020)
- Follow up CER letter to Minister Creecy regarding SO2 MES doubling (12 May 2020)
- Letter from CER to Minister Creecy – final deadline extension re request for reasons for SO2 MES doubling (18 June 2020)
- Letter from Minister Creecy to CER re request for reasons for SO2 MES doubling (21 July 2020)
- Letter from Minister Creecy with reasons for SOs MES doubling (20 July 2020) and selected Annexures:
Eskom
CER letter to Minster Creecy regarding Eskom exemptions from Kusile temporary bypass stacks (2023)
Eskom’s Postponement Application in respect of Tutuka Power Station (17 January 2018)
- Invitation to Register and Participate (12 January 2018)
- Minutes from the first round of Public Engagement – Thuthukani Public Meeting (30 January 2018)
- Annexure A: Attendees Register
- Minutes from first round of Public Engagement – Standerton Public Meeting (29 January 2018)
- Annexure A: Attendees Register
- Annexure B: Presentations delivered
- Comment on Tutuka’s Background Information Document (19 February 2018)
- Background Information Document (August 2018)
- I&AP Notification Letter: Invitation to participate in Public Participation process (6 August 2018)
Eskom’s 2018 applications to delay compliance with the Minimum Emission Standards for 14 Power Stations
- Interested and Affected Parties notification letter (6 August 2018)
- Background Information Document (August 2018)
- Comment on Eskom’s Background Information Document (11 September 2018)
- Submission on Eskom’s application for suspension, alternative limits and/or postponement of compliance with the MES for 10 of its coal fired power stations (4 February 2019)
- Annexure 1 : Dr Ranajit Sahu – “Comments on the series of Applications for Suspension of the MES Compliance Timeframes for Various Eskom Coal Fired Power Stations” (4 February 2019)
- Annexure 2: Dr. Ranajit Sahu – Assessment of Eskom Power Station Exceedances of Applicable Atmospheric Emission License (AEL) Limit Values for PM, SOx & NOx During April 2016 to December 2017 (15 November 2018)
- Annexure 3: groundwork, “Government: Wheels come off the Eskom offset” (14 August 2018)
Eskom’s non-compliance with emission standards
- Eugene Cairncross – Assessment of Eskom’s Coal-fired Power Stations for compliance with their 1 April 2015 atmospheric emission licences over the period 1 April 2015 to 31 March 2016; and ranking their pollutant and CO2 intensities (19 May 2017)
- Letter on behalf of groundWork, Earthlife Africa Johannesburg, the Highveld Environmental Justice Network and Vaal Environmental Justice Alliance to the Department of Environmental Affairs requesting a meeting to discuss a way forward on Eskom’s non-compliance with emission standards (31 May 2017)
- Dr. Ranajit Sahu – Assessment of Eskom Power Station Exceedances of Applicable Atmospheric Emission License (AEL) Limit Values for PM, SOx & NOx During April 2016 to December 2017 (22 March 2019)
- CER letter to Minister Creecy regarding the cost of compliance with the MES (30 July 2019)
- CER letter to Minister Creecy_Eskom MES Exemptions_3 November 2020
- Minister Creecy Response_12 March 2021
NEMA Appeal: NAQO Decision on Eskom’s Application for Postponement and Suspension if Compliance Timeframes and/or alternative limits
- Annexure A_Eskom MES Appeal Submissions_8 February 2022.docx
- Annexure A1_Summary Table
- Annexure A2_CER Letter to DFFE Appeal and Review Directorate
- Annexure A3_Life After Coal objections_February 2019
- Annexure A4_email correspondence between CER and the Second Respondent
- Appeal Form- EskomMESPostponements_7 February 2022
- Appeal questionnaire_EskomMESPostponements_7 February 2022
- Eskom MES Appeal Cover Letter 9 February 2022
Medupi and Matimba (24 February 2017, 29 November 2019 and 28 August 2020)
- Submissions on behalf of the Life After Coal Campaign on the background information document for Eskom’s postponement application in respect of the 2015 minimum emission standards timeframes for Eskom’s Medupi and Matimba power stations (24 February 2017)
- Eskom I&AP Notification Letter: Medupi and Matimba power station’s MES Postponement Approval (15 October 2018)
- Annexure A: DEA letter of approval for Matimba power station (10 September 2018)
- Annexure B: DEA letter of approval for Medupi power station (10 September 2018)
- Background Information Document (BID): Application for alternative limits of the minimum emission standards (MES) for the Medupi and Matimba power stations (November 2019)
- Notification regarding opportunity to participate in the Eskom Medupi and Matimba coal-fired power stations application for alternative limits in terms of the MES (29 November 2019)
- “Initial notification”: Submission of Applications in terms of the National Environmental Management: Air Quality Act, 2004 (Act No. 39 of 2004) Minimum Emission Standards (4 December 2019)
- Submissions on behalf of the Life After Coal Campaign on the background information document for Eskom’s “alternative limit” minimum emission standards applications for Matimba and Medupi power stations (29 January 2020)
- Annexure 1: Eskom email to key stakeholders (4 December 2019)
- Annexure 1 attachment: annexure to Eskom email to key stakeholders (4 December 2019)
- Annexure 2: Life After Coal’s objections to Eskom’s applications for suspension, alternative limits and/or postponement of compliance with the minimum emission standards for 10 of its coal-fired power stations (4 February 2019)
- Objections on behalf of the Life After Coal Campaign to Eskom’s applications for alternative limits to the MES for Medupi and Matimba power stations together with Annexure 1 (28 August 2020) and Eskom’s response to those objections (30 August 2020)
- Comments on Draft EIA and proposed variation of WML for Medupi Power Station-19. 04. 2018.pdf
- Comments on Final EIA and proposed variation of WML for Medupi Power Station 15.06.18.pdf
Grootvlei power station (30 July 2020)
- Objection on behalf of the Life After Coal Campaign to the application for a once-off suspension of compliance with the new plant MES and variation request for Grootvlei Power Station and Annexure 2A, Annexure 4, Annexure 5 and Annexure 6 (30 July 2020)
Open letter to Eskom on renewable energy (8 September 2016)
On 8 September 2016, thirty non-governmental organisations addressed a letter to the Minister of Energy, the Minister of Public Enterprises, the Minister of Environmental Affairs, the Minister of Health urging them to take all steps necessary to ensure that Eskom honours government’s legal obligations and its renewable energy policy objectives to secure clean energy that will protect people’s health and well-being. The Chief Executive Officer of Eskom and the Chairperson of Eskom’s Board of Directors were also copied in the letter.
Open letter by 30 non-governmental organisations to cabinet members (8 September 2016)
CER’s requests for access to information
On 18 May 2016 and 2 June 2016, the Centre for Environmental Rights requested access to information relating to emission reductions, the decommissioning of coal-fired power stations and annual emission reports. On 5 October 2016, the CER received a letter from Eskom stating that the CER’s PAIA Request of 2 June 2016 has been granted. The annual emission reports are available here.
- CER’s letter to Eskom (8 September 2016)
- Eskom’s letter to CER (dated 3 October 2016, but received by the CER on 5 October 2016)
Emission reduction plans and decommissioning plans
On 25 April 2016, the CER, on behalf of groundWork, Earthlife Africa Johannesburg (ELA), the Highveld Environmental Justice Network (HEJN), and the Vaal Environmental Justice Alliance addressed a letter to Eskom in terms of which it sought copies of the latest emission reduction plans, compliance roadmaps, and decommissioning schedule and plans for all 15 of Eskom’s coal-fired power stations. On 12 May 2016, Eskom required the CER to apply for access to these document in terms of the Promotion of Access to Information Act – which it duly did. Since then, Eskom has asked for several extensions to provide the records, which, to date, have not been received. Eskom’s failure to make a decision in relation to the CER’s PAIA request had the result that the request was deemed to be refused. The CER appealed this refusal. The appeal was not decided. On 2 December 2016, Eskom provided the CER with a redacted record.
On 14 May 2020 the CER received an affirmation and formal response letter from Eskom in response to our February 2020 PAIA Request in relation to compliance enforcement action at Kendal coal fired power plant. As part of this response, Eskom has provided a Board-approved 18 month maintenance plan for its fleet of power stations. The affirmation also provides Eskom’s updated decommissioning schedule for its stations and units.
Objection to Eskom’s application to vary its atmospheric emission licence for Duvha Power Station (January 2014)
In January 2014, Eskom applied to amend the atmospheric emission licence issued under the National Environmental Management: Air Quality Act, 2004 (AQA) for its Duvha coal-fired power station, notwithstanding that the MEC for the Mpumalanga Department of Economic Development and Tourism had, in May 2013, dismissed various appeal grounds Eskom had raised in relation to the licence. The outcome of the application is awaited.
Key correspondence: Below are all the documents relating to this application:
Objection to Eskom’s applications to delay compliance with the minimum emission standards (December 2013)
In December 2013, national electricity utility Eskom applied for postponement of their compliance with air pollution minimum emissions standards for 16 of their power stations (see its background information document). At the same time, Eskom also applied for variation of the conditions of the air quality licences for 16 power stations.
The Centre for Environmental Rights, representing groundWork, Earthlife Africa Johannesburg (ELA), the Vaal Environmental Justice Alliance, and the following community groups: Middelburg Environmental Justice Network, Greater Middelburg Residents’ Association, Guqa Community Service Centre, Southern Africa Green Revolutionary Council, Greater Delmas Civic Movement, Highveld Environmental Justice Network, Wonderfontein Resettlement Forum, Mpumalanga Youth Against Climate Change, Outrageous Courage Youth and and Schoongesicht Community Movement, submitted detailed objections to Eskom’s submissions.
- Request to NAQO and Minister to require Eskom: to amend the Plan of Study; to conduct detailed health risk assessments; and to provide additional time for comment 8 Oct 2013
- Objection to Eskom’s applications
- Annexure 1: CER submission on variation of Kriel AEL 11 Dec 2013
- Annexure 2: CER additional submission on variation of Kriel AEL 16 Jan 2014
- Annexure 3: CER submissions on Eskom BID 19 July 2013
- Annexure 4: CER submissions on Plan of Study 23 August 2013
- Annexure 5: Health impacts of Eskom applications 2014
- Annexure 6: Summary of current annual pollutant emission rates, estimated annual average stack concentrations and Eskom’s requested emission limits
- Annexure 7: Eskom Pre-feasibility study Section 1 Executive Summary
- Annexure 8: RoD Medupi Sept 2006
- Objection to Eskom’s variation applications
- CER responses to Issues and Response Report
On about 29 May 2014, the NAQO addressed correspondence to Eskom in relation to the postponement applications for each of its stations, indicating that the applications would not be further processed unless additional information (including in relation to health impacts) was provided. The correspondence regarding the coal-fired power stations is below:
- Arnot
- Camden
- Duvha
- Grootvlei
- Hendrina
- Kendal
- Komati
- Kriel
- Lethabo
- Majuba
- Matimba
- Matla
- Medupi
- Tutuka
In August 2014, the CER received copies of the additional documents provided by Eskom to the NAQO further to the above request. These documents can be downloaded below:
- Acacia – Additional Information
- Arnot – Additional Information
- Camden – Additional Information
- Duvha – Additional Information
- Grootvlei – Additional Information
- Hendrina – Additional Information
- Kendal – Additional Information
- Komati – Additional Information
- Kriel – Additional Information
- Lethabo – Additional Information
- Majuba – Additional Information
- Matimba – Additional Information
- Matla – Additional Information
- Medupi – Additional Information
- Port Rex – Additional Information
- Tutuka – Additional Information
On 16 October 2014, the CER submitted additional objections to Eskom’s applications to ensure that the decision-makers are in possession of relevant information, as required by the Promotion of Administrative Justice Act, 2000. As appears from these submissions, Eskom largely failed to provide additional information regarding health impacts and regarding its future compliance with the MES – despite being specifically required to so do by the DEA. Such health information as is available (both from the study contained in the February 2014 submissions and from Eskom’s own studies) demonstrates that Eskom’s applications will have significant and severe health impacts, with enormous economic costs. Eskom’s studies were made available by the CER to the NAQO in June 2014.
As set out in the objections, the information that Eskom provided revealed that:
- elevated daily average SO2 and PM10 concentrations occur frequently throughout the region in the vicinity of Eskom’s power stations, and throughout the year; and that
- these concentrations are frequently several times higher than the ambient air quality standards and/or World Health Organisation guideline value, with consequent health impacts.
It was also argued in the objections that, since Eskom is by far the largest source of SO2 emissions in the region, the implication is that its emissions are mainly responsible for the high ambient concentrations and these health impacts. In addition, the occurrence of high ambient particulate matter (PM) concentrations in the summer months contradicts Eskom’s argument that domestic solid fuel burning is the main source of PM, and that Eskom is only a very minor contributor to ambient PM. For these and the other reasons, the submissions reiterate that Eskom’s applications must be refused.
The outcome of Eskom’s applications was announced on 24 February 2015:
- the Minister’s media statement;
- the NAQO’s presentation of these outcomes in Parliament; and
- the MES postponement outcome summary prepared by the DEA.
The outcomes of the applications, per station, are as follows:
- Acacia
- Arnot
- Camden
- Duvha
- Grootvlei
- Hendrina
- Kendal
- Komati
- Kriel
- Lethabo
- Majuba
- Matimba
- Matla
- Medupi
- Port Rex
- Tutuka
The CER has addressed three letters to the NAQO on our clients’ behalf – on 2 and 7 March 2015 and on 7 April 2015. In the first, we, requested reasons for the postponement decisions (as well as copies of all of the other MES outcomes). In the second, we asked for copies of the copies of the “compliance roadmaps” (to which reference has been made in the press) for each of the facilities granted postponement.
In the third, the CER sought urgent clarity in relation to various aspects of the NAQO’s decisions; including as to postponement periods and postponement limits.
On 8 April 2016 – more than a year after these letters were sent – we received the following responses from the NAQO: in the first, she sets out her reasons for the postponement decisions; in the second, she provides copies of the compliance roadmaps for the facilities that sought postponement; and in the third, she responds to our request for clarification regarding the postponement decisions.
Following the postponement outcomes, Eskom’s AELs were varied. On 30 March 2015, the CER addressed a letter to the relevant licensing authorities, pointing out that the licensing authorities were required to take all relevant matters into account and make variation decisions consistent with the national environmental management principles, the objectives of applicable air quality management plans, and any ambient air quality or emission standards determined in terms of AQA. As indicated in this correspondence, every one of Eskom’s coal-fired power stations is in a priority area, and, in order for licensing authorities’ decisions to “be consistent with” priority area air quality management plans, authorities should set emission standards to ensure that priority areas come into compliance with ambient air quality standards as soon as possible. Given the significant health impacts of Eskom’s operations, we called upon the licensing authorities to impose stricter emission limits in the AELs than those indicated in the NAQO’s postponement decisions; and stated that the AELs should at least contain the MES from 1 April 2015. We also requested that: the compliance roadmaps referred to in the press by the NAQO and the Minister be incorporated into the AELs in order to ensure compliance with the emission standards; and that the AELs incorporate the decommissioning dates reflected in the postponement decisions. We also requested written reasons for the licensing authorities’ decisions.
The following varied AELs were received by the CER during April 2014. All of the AELs incorporated the NAQO’s postponement decisions:
After receiving NAQO’s response, on 25 April 2016, the CER addressed a letter to Eskom,
- to ascertain each coal-fired power station’s (CFPS) latest plans to ensure compliance with:
- the emission standards in the relevant atmospheric emission licences (AELs),
- and in relation to periods not covered by the current AELs, at least the minimum emission standards (MES);
- to request copies of these compliance plans and the latest decommissioning shcdule and plans for each CFPS; and
- to ascertain the decision-making timelines and mechanisms within Eskom’s board to ensure compliance with AELs and MES, and the decommissioning schedules and plans.
Objection to Eskom’s application to increase atmospheric emissions at its Kriel Power Station (November 2013)
In November 2013, Eskom applied to amend the atmospheric emission licence issued under the National Environmental Management: Air Quality Act, 2004 (AQA) for its Kriel coal-fired power station, notwithstanding that the MEC for the Mpumalanga Department of Economic Development and Tourism had, in May 2013, dismissed various appeal grounds Eskom had raised in relation to the licence. In February 2014, the application to amend that licence was largely refused by the Nkangala District Municipality, the competent authority for atmospheric emission licences under AQA for that power station.
Key correspondence: Below are all the documents relating to this application and its outcome.
- Eskom’s application to vary its atmospheric emission licence for Kriel power station
- CER’s objection to the variation application
- Annexure 1: Notification of 8 day comment period
- Annexure 2: Extension of comment period by 3 days
- Annexure 3: Kriel exemption application
- Annexure 4: CER submissions on Plan of Study Report
- Annexure 5: Kriel Atmospheric Impact Report
- Annexure 6: Combined emissions of power station within modelling domain of about 120km x 100km
- Eskom’s response to CER’s objection
- CER’s additional submissions
- Annexure 1: Kriel Atmopsheric Impact Report (December 2013)
- Annexure 2: Kriel General Information document
- Decision of Nkangala District Municipality on variation application
Media coverage:
- SA faces ‘dark age’ as Eskom struggles, Business Report, 3 December 2013
- Eskom needs urgent licence for its Kriel power station, Engineering News, 4 December 2013
- Eskom needs licence to keep Kriel power station going, Times Live, 4 December 2013
- Kriel power station one of many that are non-compliant, eNCA, 5 December 2014
The Meridian Economics Report: Eskom’s Financial Crisis and the Viability of Coal-Fired Power in South Africa
Life After Coal Campaign
Kendal power station
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- CER letter to Minister Creecy regarding the need for enforcement action at Kendal Power Station (22 July 2019)
- Minister Creecy’s response to CER letter regarding the need for enforcement action at Kendal Power Station (3 December 2019)
- CER letter to Minister Creecy regarding health impacts due to Kendal power station emissions (28 April 2020)
- Minister Creecy’s response to CER letter regarding health impacts due to Kendal power station emissions dated 10 May 2020 (11 May 2020)
- CER letter to Minister Creecy – Updated expert analysis of the air quality impacts and health effects due to the emissions from Eskom’s Kendal Power Station (14 May 2020)
- Minister Creecy’s enforcement decision for Kendal power station dated 12 May 2020 (14 May 2020)
Coal Baseload Independent Power Producers coal-fired power stations
The proposed KiPower Station
- General correspondence
- Letter from KiPower (Pty) Ltd to the Centre for Environmental Rights (11 April 2017)
- Letter from KiPower (Pty) Ltd to the Centre for Environmental Rights (3 May 2017)
- Letter to the Minister of Environmental Affairs, Department of Environmental Affairs KiPower (Pty) Limited South Africa, and the Mpumalanga Department of Agriculture, Rural Development, Land and Environmental Affairs regarding the environmental authorisation issued for the proposed KiPower Station IPP Power Station and associated infrastructure (3 April 2017)
- Letter from KiPower (Pty) Ltd regarding groundWork’s review application. In this letter, KiPower’s attorneys states that KiPower intends to do a climate change assessment and to amend its environmental authorisation (1 November 2017)
The proposed Thabametsi Power Station
- General correspondence, objections, comments and responses
- CER letter to IPP Office regarding an update on the Thabametsi Power Company (Pty) Ltd and ACWA Power Khanyisa Power Station (FF) (Pty) Ltd Independent Power Producer Projects (6 April 2017)
- Thabametsi Power Company’s response to Earthlife Africa Johannesburg’s objection (9 February 2017)
- Letter by CER on behalf of Earthlife Africa Johannesburg letter to the National Energy Regulator of South Africa (15 December 2016)
- Annexure A (Affidavit by Makoma Lekalakala dated 14 December 2016)
- Annexure A1
- Annexure A2
- Annexure A3
- Annexure A4
- Annexure A5
- Annexure A6
- Annexure A7
- Annexure A8
- Thabametsi’s comments and responses report (August 2017)
- CER letter to DBSA (6 September 2017)
- Atmospheric Emission Licence Application
- Comments on Atmospheric Impact Report published as part of the Atmospheric Emission Licence Application (31 May 2018)
- Annexure A: Dr Ranjit Sahu Comments on the Thabametsi Air Impact Report Comments of 21 May 2018
- Annexure B: Dr. A. Gray statement regarding the air dispersion modeling files of 18 May 2018
- Annexure C: Dr Ranjit Sahu report on Thabametsi Mine and Power Plant Modelling of 23 March 2018
- Thabametsi AEL notification letter (20 August 2018)
- Revised AEL Application (20 August 2018)
- Comments on revised Thabametsi AELA (20 September 2019)
- Comments on Atmospheric Impact Report published as part of the Atmospheric Emission Licence Application (31 May 2018)
- NERSA licence to generate electricity
- NERSA Licence Application (25 October 2016)
- Water Use Licence Application
- Integrated Water Use Licence Report (14 December 2017)
- Thabametsi GN 704 Motivation (14 December 2017)
- Objections by Earthlife Africa Johannesburg and groundWork to the granting of a water use licence for the proposed Thabametsi coal-fired power station (5 March 2018)
- Annexure A: Previous objections on Thabametsi IWULA (2017)
- Annexure B: B. Udall, “21st Century Climate Change Impacts on Mokolo and Crocodile (West) River Flows” (26 February 2018)
- Annexure C: E.Hansen, “Potential Risks to Water Resources from the Proposed Thabametsi Power Plant” (2 March 2018)
- Objections by Earthlife Africa Johannesburg to the granting of a water use licence for the proposed Thabametsi coal-fired power station (20 January 2017)
- Integrated Water Use Licence Report (14 December 2017)
- Climate Change Impact Assessment
- The proposed Thabametsi Power Station’s climate change study and palaeontological impact assessment: summary report (June 2017) and annexures: comments and responses report, climate change impact assessment, climate resilience assessment report and water resource report.
- Comments on the final climate change impact assessment and palaeontological impact assessment reports for the porposed Thabametsi IPP Coal-fired Power Station (31 July 2017)
- Annexure 1: comments on the draft climate change impact assessment and palaeontological impact assessment reports
- Annexure 1A: objections to Thabametsi integrated water use licence application
- Annexure 2: correspondence between CER and Nemai Consulting
- Annexure 3: refusal by the Limpopo Department of Economic Development and Environmental Affairs and Tourism to grant environmental authorisation to Aquila Steel (S Africa) (Pty) Ltd for its proposed mining operation in the Thabazimbi Local Municipality
- Letter to the Department of Environmental Affairs on behalf of Earthlife Africa Johannesburg (13 April 2017)
- Earthliffe Africa’s recommendations for the climate change impact assessment report for the Thabametsi power station (25 May 2016)
- Earthlife Africa’s comments on the scope of work report for the climate change and palaeontological impact assessments for the proposed Thabametsi power station (10 November 2016)
- A summary of the draft climate change and palentological impact assessment reports for the proposed Thabametsi power station (27 January 2017)
- Comments on the draft climate change impact assessment for the proposed Thabametsi power station (27 February 2017)
- Environmental Authorisation
- Environmental Authorisation issued on 25 February 2015
- Amendment of Environmental Authorisation (17 March 2015)
- Amendment of Environmental Authorisation (26 August 2016)
- Notification for Amendment of Environmental Authorisation (26 August 2016)
- Amendment of Environmental Authorisation (3 April 2018)
The proposed Khanyisa Power Station
- General correspondence, objections, comments and responses
- CER letter to IPP Office regarding an update on the Thabametsi Power Company (Pty) Ltd and ACWA Power Khanyisa Power Station (FF) (Pty) Ltd Independent Power Producer Projects (6 April 2017)
- CER letter to the Department of Water and Sanitation requesting access to the water use licence issued by it to Khanyisa Power Station (FF) (Pty) Ltd (Khanyisa) and reasons for the decision to grant a water use licence to Khanyisa (1 March 2018)
- Atmospheric Emissions Licence
- Khanyisa Power Plant AEL application (17 September 2015)
- NERSA licence to generate electricity
- NERSA Licence Application (3 November 2016)
- Environmental Authorisation
- Environmental Authorisation issued on 31 October 2013
- Amendment of Environmental Authorisation: Road Realignment (25 February 2016)
- Amendment of Environmental Authorisation: Bulk Water Supply Pipeline (5 May 2016)
- Amendment of Environmental Authorisation: Change of Applicant and Farm Names (2 February 2017)
- Amendment of Environmental Authorisation: Increased Capacity and Road Realignment (28 July 2017)
The proposed Colenso Power Station
- General correspondence, objections, comments and responses
Correspondence with the IPP Office
- CER letter to the IPP Office (17 August 2015)
- IPP Office letter to the CER (27 January 2016)
- CER letter to the IPP Office (18 October 2016)
- IPP Office letter to the CER (27 October 2017)
- CER letter to the IPP Office (6 April 2017)
- IPP Office’s letter to the CER (2 June 2017)
- CER letter to the IPP Office (15 September 2017)
- IPP Office’s response to the CER’s letter of 15 September 2017 (4 October 2017)
- CER letter to the IPP Office (19 February 2018)
- CER letter to the IPP Office (16 November 2018)
- IPP Office letter to CER (14 December 2018)
- CER letter to the IPP Office (17 April 2019)
- IPP Office letter to CER (3 May 2019)
- CER letter to IPP Office (12 November 2019)
- CER letter to IPP Office (9 December 2019)
- CER Letter to IPP Office (30 March 2020)
- CER email to the IPP Office (5 August 2020)
- IPP Office email to CER (6 August 2020)
NERSA: correspondence and objections
- CER letter to NERSA (14 September 2017)
- NERSA letter to CER (14 November 2017)
- CER letter to NERSA (5 December 2017)
- NERSA letter to CER (3 January 2018)
- CER letter to NERSA (16 February 2018)
- CER letter to NERSA (27 February 2018)
- CER letter to NERSA (6 March 2018)
- IPP Generation Licence Objections(27 March 2018)
- Objections by Earthlife Africa Johannesburg to granting a generation licence to the proposed Thabametsi coal fired power station (15 December 2016)
- Supplementary objections by Earthlife Africa Johannesburg to granting a generation licence to the proposed Thabametsi coal fired power station (26 March 2018)
- Objections by groundWork to granting a generation licence to the proposed Khanyisa coal fired power station
- Presentations made at the NERSA hearing of 27 March 2018
- CER letter to NERSA (4 April 2018)
- CER letter to NERSA (19 November 2018)
- CER letter to NERSA, requesting IRP reasons (5 November 2019)
- CER letter to NERSA, following up on request for IRP reasons (13 December 2019)
- CER letter to NERSA (17 February 2020), with 4 April 2018 letter as annexure
Life After Coal Campaign
- The Life After Coal Campaign and Greenpeace Africa’s letter to Minister Radebe regarding the proposed Thabametsi and Khanyisa IPP coal-fired power stations (22 March 2018)
- The Life After Coal Campaign’s letter to Minister Radebe (DOE) regarding the findings of the UCT Energy Research Centre’s report, entitled “An assessment of new coal plants in South Africa’s electricity future: the cost, emissions and supply security implications of the coal IPP programme” (4 June 2018)
- The Life After Coal Campaign’s letter to Minister Molewa (DEA) regarding the findings of the UCT Energy Research Centre’s report, entitled “An assessment of new coal plants in South Africa’s electricity future: the cost, emissions and supply security implications of the coal IPP programme” (4 June 2018)
- Response from Acting Minister of Environmental Affairs (18 September 2018)
- The Life After Coal Campaign and 350 Africa’s letter to Development Bank of South Africa regarding the findings of the UCT Energy Research Centre’s report, entitled “An assessment of new coal plants in South Africa’s electricity future: the cost, emissions and supply security implications of the coal IPP programme“ (5 June 2018)
- The Life After Coal Campaign’s letter to Portfolio Committee on Environmental Affairs regarding the findings of the UCT Energy Research Centre’s report, entitled “An assessment of new coal plants in South Africa’s electricity future: the cost, emissions and supply security implications of the coal IPP programme“ (7 June 2018)
- The Life After Coal Campaign’s letter to NERSA regarding the findings of the UCT Energy Research Centre’s report, entitled “An assessment of new coal plants in South Africa’s electricity future: the cost, emissions and supply security implications of the coal IPP programme“ (7 June 2018)
- The Life After Coal Campaign’s letter to Eskom regarding the findings of the UCT Energy Research Centre’s report, entitled “An assessment of new coal plants in South Africa’s electricity future: the cost, emissions and supply security implications of the coal IPP programme“ (8 June 2018)
- The Life After Coal Campaign’s letter to the IPP Office regarding the findings of the UCT Energy Research Centre’s report, entitled “An assessment of new coal plants in South Africa’s electricity future: the cost, emissions and supply security implications of the coal IPP programme“ (8 June 2018)
- The Life After Coal Campaign’s letter to the Minister of Finance regarding the findings of the UCT Energy Research Centre’s report, entitled “An assessment of new coal plants in South Africa’s electricity future: the cost, emissions and supply security implications of the coal IPP programme“ (15 June 2018)
- The Life After Coal Campaign’s letter to the Department of Public Enterprises regarding the findings of the UCT Energy Research Centre’s report, entitled “An assessment of new coal plants in South Africa’s electricity future: the cost, emissions and supply security implications of the coal IPP programme“ (15 June 2018)
- The Life After Coal Campaign’s letter to the Portfolio Committee on Energy regarding the findings of the UCT Energy Research Centre’s report, entitled “An assessment of new coal plants in South Africa’s electricity future: the cost, emissions and supply security implications of the coal IPP programme“ (15 June 2018)
- CER letter to Eskom (7 August 2018)
- Eskom response to CER (7 September 2018)
- LAC letter to Minister Radebe regarding a Just Energy Transition (8 August 2018)
- LAC letter to the Minister of Finance regarding the concerns and risks relating to the proposed IPP projects (19 November 2018)
- The Life After Coal Campaigns letter to Minister Radebe regarding recent public statements made around “clean coal” technology (1 March 2019)
- The Life After Coal Campaigns letter to Minister Mokonyane regarding recent public statements made around “clean coal” technology (28 March 2019)
Status of the Power Purchase Agreements
- CER letter to Eskom regarding the status of the Power Purchase Agreements (7 August 2018)
- Eskom response to CER(7 September 2018)
- CER letter to Minister Radebe regarding the status of the Power Purchase Agreements (7 August 2018)
Correspondence with the banks
- CER letter to DBSA (16 August 2018)
- Response from DBSA regarding the Thabametsi and Khanyisa IPPs (6 September 2018)
- Response from CER to DBSA (17 September 2018)
- Follow up response to CER from DBSA (1 October 2018)
- CER letter to ABSA regarding the Coal IPPs (12 September 2018)
- CER letter to First Rand Bank regarding the Coal IPPs (12 September 2018)
- CER letter to Nedbank regarding the Coal IPPs (12 September 2018)
- CER letter to Standard Bank regarding the Coal IPPs (12 September 2018)
- Response from Standard Bank (25 September 2018)
Mokolo and Crocodile River West Water Augmentation Project (MCWAP)
Environmental Impact Assessment Process
- CER submissions on behalf of Earthlife Africa on the Background Information Document for the proposed MCWAP-Phase 2 project (24 June 2016)
- CER comments on behalf of Earthlife Africa and groundWork on the Draft Scoping Report for the MCWAP-Phase 2 (11 April 2018)
- Annexure A: ERC NERSA Presentation”An Assessment of New Coal Plants in South Africa’s Electricity Future” (27 March 2018)
- Annexure B: B. Udall, “21st Century Climate Change Impacts on Mokolo and Crocodile (West) River Flows”(26 February 2018)
- Annexure C: Thabametsi Climate Resilience Assessment Report (June 2017)
Highveld Priority Area (HPA) Multi-stakeholder Reference Group and Implementation Task Team
Municipalities
- Correspondence to the Nkangala Air Quality Officer regarding the management of ITT meetings in the HPA (29 October 2014)
- CER letter to eMalaheleni Local Municipality to determine whether HPA air quality has improved (15 June 2016)
- Response from eMalahleni Local Municipality (5 July 2016)
- CER letter to Nkangala District Municipality to determine whether HPA air quality has improved (15 June 2016)
Department of Environmental Affairs
- Correspondence sent to the DEA (22 August 2014)
- CER preliminary comments on the mid-term review (23 March 2017)
- CER letter to DEA regarding the outcomes of the meeting with NGOs on the implementation of the Gighveld Priority Area on 12 December 2017 (19 January 2018)
- Correspondence to the DEA requesting urgent steps be taken to address air pollution in the HPA (26 February 2018)
- Correspondence sent to DEA Director General regarding CER opposition to the establishment of an expert panel on Sulphur Dioxide (SO2) abatement solutions (5 March 2018)
- CER letter to DEA requesting the urgent withdrawal of the provision in the list of activities regarding the weakening of the SO2 new plant minimum emissions standards for existing plants (8 November 2018)
- CER letter to Minister Mokonyane requesting the urgent withdrawal of the provision in the list of activities regarding the weakening of the so2 new plant minimum emissions standards for existing plants (23 November 2018) (without annexures)
- CER letter to Minister Mokonyane regarding the regulations for implementing and enforcing the HPA Air Quality Management Plan (2012) (10 December 2018)
- CER Letter to Minister Mokonyane regarding CER opposition to SO2 Expert Panel (13 December 2018)
- CER letter to Minister Mokonyane requesting the urgent withdrawal of the provision of the list of activities regarding the weakening of the SO2 new plant minimum emission standards for existing plants (5 March 2019)
- Minister Mokonyane’s response to the CER regarding the regulations for implementing and enforcing the HPA Air Quality Management plan 2012 (dated 30 April 2019 but sent 9 May 2019)
- LAC submissions opposing the proposed doubling of the 2020 SO2 MES (5 July 2019)
- Annexure 1 – CER submissions of 25 June 2018
- Annexure 2 – CER letter to DEA re SO2 Panel (5 March 2018)
- Annexure 3 – Lauri Myllyvirta “Air quality and health impacts of doubling the South African standards for SO2 emissions from power plants” (3 July 2019)
- Annexure 4 – Dr Ron Sahu “Comments on the Proposed Increase in the Minimum Emission Standard (MES) for Sulphur Dioxide (SO2) Applicable to Coal Fired Power Plant Stacks in South Africa”(July 2019)
Department of Health
In September 2016, the CER and groundWork addressed a letter to the Department of Health, urging it to attend Integrated Implementation Task Team (ITT) and Multi-Stakeholder Reference Group (MSRG) meetings relating to the Highveld Air Quality Priority Area
Multi-stakeholder Reference Group (MSRG)
- CER comments on the updated Multi-stakeholder Reference Group for the implementation of the Highveld Priority Area Air Quality Management Plan (11 December 2015)
- CER letter re MSRG on-boarding meeting (9 June 2020) and Annexures A, B C and D.
- Letter to Stakeholders in Priority Areas from DEFF Director General (14 May 2020)
Latest State of the Air Reports in Priority Areas
Health Campaign
General correspondence regarding the health impacts of coal
- LAC letter the Minister of Health regarding the WHO’s first global conference on air pollution and health (20 August 2018)
- PHASA letter to the Minister of Health regarding the urgent action needed on climate, energy and health in SA (1 November 2019)
- PHASA letter to the Minister of Health regarding the call for public health leadership in building a post-COVID-19 SA (18 July 2020)
- PHASA letter to the Minister of Finance regarding the urgent call for leadership on climate, energy and health in building a post-COVID-19 SA (14 September 2020)
Portfolio Committee on Environment
General correspondence regarding minimum emission standards, air quality priority areas and IPPs
- CER letter to the National Assembly’s Portfolio Committee on Environmental Affairs regarding the Department of Environmental Affairs’ briefing to the committee on the enforcement of minimum emission standards in the priority areas, the Highveld Report and recommendations on its recommendations; and air quality in priority areas and the status of air quality monitoring stations (12 June 2017)
- CER Letter to IPP Office (19 February 2018)
- Annexure A: Thabametsi Appeal Decision (30 January 2018)
- Annexure B: CER Letter to Thabametsi Power Company (Pty) Ltd (7 February 2018)
- The Life After Coal Campaign’s letter to IPP Office regarding the findings of the UCT Energy Research Centre’s report, entitled “An assessment of new coal plants in South Africa’s electricity future: the cost, emissions and supply security implications of the coal IPP programme“ (8 June 2018)
- CER letter to the National Assembly’s Portfolio Committee on Environmnetal Affairs regarding the Department of Environmental Affairs briefing with regard to IPP approvals and implications (22 May 2018)
Correspondence regarding prioritisation of climate change issues
- Life After Coal letter to the National Assembly’s Portfolio Committee on Environment, Forestry and Fisheries regarding the need to prioritise the Climate Change Bill and other pressing climate concerns (28 January 2020)
- Letter to Portfolio Committee Environment Forestry and Fisheries – Climate Change – Governance and Bill( 9 March 2022)
Climate Change Laws and Policies
General correspondence with Department of Environmental Affairs regarding Climate Change plans and policies
- CER’s letter to the Minister and DEA raising concerns and requesting clarification on the implementation of the GHG Reporting Regulations and Pollution Prevention Plan Regulations (19 January 2018)
- CER letter to DEA outlining concerns with regard to the recently published Mitigation Pathways and Additional Climate Mitigation and Adaptation projects/documents (23 February 2018)
- CER letter to DEA on the operalisation of the post 2020 mitigation system (15 June 2018)
- CER letter to DEA requesting access to pollution prevention plans and greenhouse gas reporting records(25 June 2018)
Nationally Determined Contribution – General
- CER Letter to Minister and DFFE (5 Aug 2022_ – requesting information about updating NDC’s as requested at COP 26, motivating that current NDC is too weak, and enquiring about monitoring and adherence to current NDC.
South Africa’s international climate change obligations
South Africa’s Intended Nationally Determined Contribution and negotiating position for COP21
- CER’s representation to the Portfolio Committee on Environmental Affairs (23 September 2015)
- CER Letter to Minister and DFFE (5 Aug 2022) – requesting information about updating NDC’s as requested at COP 26, motivating that current NDC is too weak, and enquiring about monitoring and adherence to current NDC.
Integrated Resource Plan
Ministerial determinations under the 2019 IRP
- NERSA Consultation Paper 1 and proposed ministerial determination on the procurement of new generation capacity from a range of energy technologies – for comment by 14 April 2020
- NERSA Consultation Paper 2 and proposed ministerial determination on the procurement of new generation capacity from Renewables, Storage, Gas and Coal technologies – for comment by 7 May 2020
- Centre for Environmental Rights’ letter on behalf of Life After Coal Campaign to the Minister of Mineral Resources and Energy on the 2020 proposed determinations for new generation capacity (30 March 2020)
- Centre for Environmental Rights’ on behalf of Life After Coal Campaign – Comments on Consultation Paper 1 (14 April 2020)
- Centre for Environmental Rights’ on behalf of Life After Coal Campaign – Comments on Consultation Paper 2 (7 May 2020)
- Determination under section 34(1) of the Electricity Regulation Act (GN 753 in GG 43509 of 7 July 2020) – This determination is for 2000MW of electricity to be procured from a range of energy source technologies in accordance with the short -term risk mitigation capacity, for the allocation to “Others ” for the years 2019 to 2022, in Table 5 of the IRP 2019.
- Determination under section 34 (1) of the Electricity Regulation Act (GN 1015 in GG 43734 of 25 September 2020) -This determination provides for new generation capacity to be procured from renewable energy sources (photovoltaic and Wind), storage, gas and coal, in accordance with Table 5 of the IRP 2019.
- CER letter to Minister Mantashe & NERSA (9 July 2021).docx
- CER Letter of Demand to Minister Mantashe and NERSA (17 September 2021)
- Annexure A_ESRG_New coal plants South Africa
- Annexure B R. SAHU SA 2019 IRP
CSIR’s Alternative Integrated Resource Plan
- Centre for Environmental Rights’ letter to the Council for Scientific and Industrial Research (CSIR) about the CSIR’s alternative integrated resource plan (11 August 2017)
Public participation in relation to the revised Integrated Resource Plan
- Letter by Greenpeace and the Life After Coal Campaign to the Minister of Energy requesting a meeting with him about the proposed revised Integrated Resource Plan and the Integrated Energy Plan (10 November 2017)
- Open letter to the Minister of Energy about public participation in relation to the integrated resource plan by a host of civil society organisations (28 November 2017)
- The Life After Coal Campaign’s letter to the new Minister Radebe requesting a meeting regarding South Africa’s energy future (22 February 2018)
- Letter by the Life After Coal Campaign and Greenpeace to the Minister of Energy with the regard to the Integrated Resource Plan and the Integrated Energy Plan (16 April 2018)
- Letter by the Life After Coal Campaign and Greenpeace to the PCEA regarding the Integrated Resource Plan and the Integrated Energy Plan (16 April 2018)
- CER’s letter to NERSA regarding the Draft Integrated Resource Plan for Electricity (19 November 2018)
- CER letter to NERSA re: IRP and request for reasons (5 November 2019)
- CER letter to Minister Mantashe re: IRP and request for reasons (5 November 2019)
- CER Letter to Minister Mantashe requesting written reasons for IRP by 3 February 2020 (13 December 2019)
- CER Letter to NERSA requesting written reasons for IRP by 3 February 2020 (13 December 2019)
- Letter from NERSA to LAC (30 April 2020)
Correspondence with Parliamentary Portfolio Committees regarding the Integrated Resource Plan
Letter to Minister Mantashe re introduction of the Life After Coal Campaign and energy issues for prioritisation
Request for Written Reasons: Ministerial Determination on the Procurement of New Generation Capacity
- CER letter to Minister Mantashe (13 October 2020)
- Response from the Minster to the request for written reasons (25 January 2021)
- CER letter to NERSA (30 October 2020)
- Response from NERSA to the request for written reasons (21 January 2021)
ArcelorMittal South Africa (AMSA)
Land contamination
- CER letter on behalf of the Vaal Environmental Justice Alliance and groundWork to DEA requesting DEA to require AMSA to address the shortcomings in its site assessment report (1 March 2018)
- Notification to DEA in terms of s28(12) of NEMA (18 June 2018)
- Second notification to DEA in terms of S28(12) of NEMA (26 September 2018)
- DEA remediation order against ArcelorMittal South Africa (1 November 2018)
- DEA’s Response to Section 28(12) NEMA notice (received 5 August 2019)
Criminal Enforcement
Musina-Makhado Special Economic Zone (MMSEZ)
General correspondence
- CER letter to the appointed Environmental Assessment Practitioners – Delta Built Environmental Consultants (4 September 2019)
- CER letter to DEFF (21 October 2019)
- Minister Creecy’s response (5 December 2019)
- CER Letter to Department of Economic Development Environment and Tourism (LEDET) (27 May 2021)
Scoping Assessment Phase
- Background Information Document (English and Venda)
- LEDET Acceptance of Final Scoping Assessment Report (31 March 2019)
- Final Scoping Assessment Report (FSR)
- CER formal submissions challenging the acceptance of the Final Scoping Assessment Report (1 November 2019)
Environmental Impact Assessment
- Draft Environmental Impact Assessment Report (September 2020)
- Objections on behalf of groundWork, Earthlife Africa and the Mining and Environmental Justice Community Network of South Africa to the draft Environmental Impact Assessment report (22 October 2020)
- Objections to ‘Final’ EIA Report (Revision 3) submitted by CER on behalf of ELA, gW and MEJCON (3 November 2021)
- Revised objections to draft EIA Report submitted by CER on behalf of ELA, gW and MEJCON (29 January 2021)
- Environmental Authorisation for Musina-Makhado SEZ issued by LEDET dated 23 February 2022
Gas Power Projects
The proposed Nseleni Independent Floating Power Plant (NIFPP)
- Water Use Licence
The proposed Karpowership (Pty) Ltd Gas to Power Projects
- Environmental Impact Assessment Objections
- groundWork’s comments to the Karpowership Draft Scoping Report (6 November 2020)
- SDCEA’s comment on the Karpowership Draft Scoping Report (6 November 2020)
- Triplo4 Response to groundWork (17 November 2020)
- groundWork’s comment on the Karpowership Draft Environmental Impact Assessment (31 March 2021)
- Triplo4’s Response to GroundWork (30 April 2021)
- CER letter to DFFE re Karpowership EIA Suspension (6 July 2021)
- Environmental Authorisation
- Karpowership (Pty) Ltd’s NERSA Licence Applications
- CER Request for Reasons in re Karpowership (Pty) Ltd’s NERSA Licence Applications
Comments on the Proposed Concurrence with the Ministerial Determination on the Procurement of New Generation Capacity of 3000 MW from Gad