Key information
The CER regularly requests information from state bodies and private parties in terms of the Promotion of Access to Information Act, 2000, or otherwise, to facilitate its advocacy campaigns and support litigation. Here is some of the key information we have recently obtained.
CLIMATE CHANGE BILL 2022
Advocacy Material & Information
- Webinar: Understanding The Climate Change Bill Workshop: ACA || CER – YouTube
- Climate Change Bill Social Media Cards
- Climate Change Bill Factsheet (English)
- Climate Change Bill Factsheet (IsiZulu)
- Climate Change Bill Factsheet (SeSotho)
- CER Climate Change Bill Toolkit
- CC Bill Toolkit – Webinar Presentation
- Webinar: Unpacking the Climate Change Bill & commenting guide | CER YouTube
Parliamentary Portfolio Committee: Environment, Forestry, and Fisheries – engagement on the Bill and climate change governance
- Video of presentation 8 December 2021
- CER Letter to the Committee relating to the briefing on the Bill by the Minister and Department of Forestry Fisheries and Environment (9 March 2022))
- CER memorandum on the legislative process (Please note that this does not constitute legal advice)
Briefing on the Bill by the Minister and Department of Forestry Fisheries and Environment 11 March 2022
The 2018 Climate Change Bill
- Socio-Economic Impact Assessment: 2019 Climate Change Bill
- Draft Climate Change Bill 2018
- Life After Coal Comments on Climate Change Bill (8 August 2018)
Eskom
Eskom’s latest atmospheric emission licences (AELs)
- Arnot Power Station (Signed 31 March 2015)
- Camden Power Station (Signed 31 March 2015)
- Duvha Power Station (Signed 28 March 2017)
- Grootvlei Power Station (Signed 31 March 2015)
- Hendrina Power Station (Signed 31 March 2015)
- Kendal Power Station (Signed 31 March 2015)
- Komati Power Station (Signed 31 March 2015)
- Kriel Power Station (Signed 31 March 2015)
- Kusile Power Station (Signed 6 June 2013)
- Lethabo Power Station (Signed 1 April 2015)
- Majuba Power Station Signed 23 June 2015)
- Matimba Power Station (Signed 1 April 2015)
- Matla Power Station (Signed 3 March 2015)
- Medupi Power Station (Signed 31 March 2015)
- Tutuka Power Station (Signed 31 March 2015)
Eskom’s pre-feasibility study for expanding the lifespans of Eskom coal-fired power stations
On 3 October 2016, the CER submitted a PAIA request to Eskom for records relating to its pre-feasibility study for expanding the lifespans of its coal-fired power stations. In a letter dated 21 November 2016, Eskom requested legal advice from the Capital Group on whether or not it may sever some of the information requested by the CER. On 15 February 2017, Eskom partially granted the CER’s request.
The CER obtained the following documents from Eskom pursuant to its request:
- Extract from the draft minutes of the Eskom Board Breakaway held on 18 and 19 April 2016 re: Eskom Generation Fleet Renewal Strategy
- Professional Services Contract for the Fleet Renewal Project – Social Impact Assessment (September 2016)
- Task order for the completion of the Fleet Renewal Project (September 2016)
- Progress Report: Fleet Renewal Project, Social Impact Assessment (October 2016)
- Hendrina Power Station Life-Ex Study by Siemens Energy Services:
- Eskom Generation Fleet Renewal Project: Socio Economic Study (February 2017)
Eskom’s 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 the records:
- Cover letter
- Index and Record
- Eskom submissions to the Eskom Board and extracts from the minutes of Eskom Board meetings
- Air Quality Improvement Plan (2016)
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
Annual emission reports from Eskom
- Acacia Power Station
- Ankerlig Power Station
- Emission reports for units 32, 42 and 43
- Inspection an calibration of equipment 28 April 2016, 15 September 2016, 19 September 2016, 3 December 2016, 28 February 2017, 16 March 2017
- Arnot Power Station
- Particulate emission monitor correlation on the north stack
- Particulate matter and parallel gaseous emission measures from the flue of the south stack
- Arnot Annual Report 2015 – 2016
- Arnot North Stack Report 2015
- Arnot PowerStation Reliability Calculations
- Arnot South Stack Correlation Jan 2015
- Arnot North Stack Correlation Jan 2015
- Arnot South Stack Gas Emissions Parallel Measurements 2015
- Camden Power Station
- Duvha Power Station
- Gourikwa Power Station
- Grootvlei Power Station
- Hendrina Power Station
- Kendal Power Station
- Particulate emission monitor correlations for units 1-6 (20 May 2016)
- Particulate emission monitor correlations for units 2 and 6 (30 September 2016)
- Stratification and parallel measurements for units 1,2 and 5 (February 2017)
- Stratification and parallel measurements for units 4 and 6 (October 2016)
- Stratification and parallel gaseous emission measures on units 1-6 from smoke stacks 1 and 2 (6 July 2016)
- Komati Power Station
- Komati Emission Licence Audit Report
- Komati Annual Emissions Report 2015 -2016
- Komati Final East Report December 2015
- Kriel Power Station
- Particulate matter and parallel gaseous emission measurements from the flue of south stack
- Stratification and parallel gaseous emission measurements on north and south smoke stacks
- Kriel Correlation South Stack 2014
- Emission Monitor Availability and Correlation
- Kriel AER 2015 – 2016
- Kriel Power Station Annual Emission Reporting Requirements
- Lethabo Power Station
- Lethabo AER 2015 – 2016
- Lethabo Units 1 – 6 Particulate Emissions (December 2015 – June 2016)
- Majuba Power Station
- Environmental legal compliance audit
- Particulate emission monitor correlation on unit 2
- Cover Letter re: submission of outstanding documents in terms of the annual reporting requirements of the MES (5 August 2016)
- Majuba Power Station monitor availability calculations 2016
- Majuba AER 2015 – 2016
- Majuba Report: Particulate emission monitor correlation on Unit 2
- Majuba Report: Stratification and parallel gaseous emission measurements on Unit 2
- Majuba Report: Stratification and parallel gaseous emission measurements on south smoke stacks
- Matimba Power Station
- Automated emission monitoring systems: annual surveillance tests
- Air quality compliance assurance review
- Particulate matter emissions interim review 2016
- Matimba AER 2015 – 2016
- Matimba correlation test results cover letter (11 July 2016)
- Matimba: Units 1 – 6 particulate emission monitor correlation results (17 October 2014)
- Medupi Power Station
- Port Rex Power Station
- Tutuka Power Station
Minimum Emission Standard (MES) and Atmospheric Emission Licence (AEL) requirements, Monthly Emission Reports (MER), decommissioning, retrofits and employment figures
On 12 July 2017, the Centre submitted an application in terms of the Promotion of Access to Information Act, 2000 to Eskom for copies of all records and board meeting minutes relating, inter alia, to: Eskom’s compliance with the Minimum Emission Standards (MES) and Atmospheric Emission Licence (AEL) requirements; the capital expenditure required for Eskom’s compliance with the MES/AEL; the latest decommissioning schedule for all 15 power stations and various employment figures for each of Eskom’s coal-fired power stations.
On 6 October 2017, Eskom partially granted the Centre access to the above items and made the following information available:
- Board minutes
- Social, Ethics and Sustainability Committee Board (SES) submission on Air Quality Improvement Plan (August 2016)
- SES Board minutes on environmental performance, compliance and risk (September 2016)
- SES Board minutes on air quality improvement plan (September 2016)
- SES Board extract of minutes on air quality improvement plan (September 2016)
- Submission to SES Board on environmental performance (January 2017)
- SES Board extract of minutes on air quality improvement plan (March 2017)
- SES Board submission on environmental performance, compliance and risk (May 2017)
- SES Board minutes (May 2017)
- Environmental Performance, Compliance and Risk
- Eskom Environmental Management Strategy (June 2014)
- SES Board Submission Document (August 2017)
- SCOT technology road map to Air Quality Control (August 2017)
- MES postponement
- Retrofits and Timing
- Employment Figures
- Employment Figures extracted from SAP (July 2017)
Eskom in its decision of 6 October 2017 denied the Centre access to, inter alia, information relating to MES and AEL compliance – particularly the power stations’ Monthly Emission Reports (MER) to the licensing authority. The CER appealed this decision on 12 December 2017 and was subsequently granted access to the MERs from January 2016 to December 2017 for the following power stations:
- Arnot
- Acacia
- Ankerlig
- Camden
- Duvha
- Grootvlei
- Gourikwa
- Hendrina
- Kendal
- Komati
- Kriel
- Lethabo
- Majuba
- Medupi
- Tutuka
The MERs are in our possession and will be made available to you upon request.
Eskom Health Studies
In response to a Promotion of Access to Information Act, 2000 application by the Centre to Eskom for:”copies of all research studies and reports conducted by or for Eskom since 1990 on the impacts of human health of the atmospheric emissions from Eskom’s coal-fired power stations and the costs associated with those health impacts, including but not limited to studies and reports prepared by Infotox (Pty) Ltd and Airshed Planning Professionals (Pty) Ltd”,
Eskom made two 2006 health studies it had commissioned available:
- Airshed Planning Professionals (Pty) Ltd October 2006 report entitled Eskom Mpumalanga Highveld Cumulative Scenario Planning Study
- Airshed Planning Professionals (Pty) Ltd November 2006 report entitled Air Pollution Health Risk Analysis of Operations of Current and Proposed Eskom Power Stations located in the Limpopo Province
In making the reports available, Eskom advised: “after representation receive from a third party, we have decided to sever any mention made of the third party as they had no chance to comment on the findings in the report and they believe this could cause harm to their commercial and financial interest. This, as provided for, in terms of Section 36(1).”
Eskom Economic Impact Assessments
- Camden Power Station (7 July 2017)
- Grootvlei Power Station (7 July 2017)
- Hendrina Power Station (7 July 2017)
- Komati Power Station (7 July 2017)
- Kriel Power Station (7 July 2017)
- Overview of the Economic Impact Assessment’s for 5 of Eskom’s coal-fired power stations (7 July 2017)
- Combined booklet for 5 of Eskom’s coal-fired power stations (7 July 2017)
Olifants River
Reports, Studies and Submissions
- CSIR, EUM, NOVA and SANParks, “Lower Olifants Community Health: Risks and Opportunities Report” (31 March 2014)
- Association for Water and Rural Development “The role of the Wilge River in maintaining ecosystem integrity and associated benefits in the upper Olifants catchment” (31 August 2017)
- B.Udall, “21st Century Climate Change Impacts on Olifants River Flows” (25 April 2018)
Highveld Priority Area
Air Quality Management Plans
Integrated Resource Plan
The 2016/17/18 revision of the IRP and IEP
From 2017, the Department of Energy was in the process of updating the Integrated Resource and Integrated Energy Plans in terms of the Electricity Regulation Act, 2006. The following resources were relevant to the updating process during that period:
- CSIR’s comments on the draft IRP and IEP update (4 April 2017)
- Further analysis by the CSIR regarding South Africa’s energy future (4 August 2017)
- Study by Meridian Economics entitled “Eskom’s Financial Challenges and the Viability of Coal-Fired Power in South Africa (15 November 2017)
- A paper by Jonas Hörsch and Joanne Calitz entitled “PyPSA-ZA: Investment and operation co-optimization of integrating wind and solar in South Africa at high spatial and temporal detail” (submitted for publication on 1 November 2017); the draft version of the paper is available online
- Integrated Resource Plan Factsheet
Portfolio Committee on Environmental Affairs (PCEA)
- Presentations delivered at the MES hearings of 7 and 8 November 2017
- Presentations delivered at the MES hearings of 6 February 2018
ArcelorMittal
Application for a postponement and alternative plant standards of listed activities and associated minimum emission standards
- Submission by groundWork on ArcelorMittal’s application (11 March 2019)
Criminal Investigation
- Atmospheric Emission Licence summons issued to AMSA in respect of AEL non-compliance (29 May 2019)
Land Contamination Site Assessment Reports
- AMSA November 2017 Land Contamination Site Assessment Report (10 November 2017)
- AMSA April 2018 Land Contamination Land Contamination Site Assessment Report (12 April 2018)
- The Department of Environmental Affairs’ Remediation Order against AMSA (1 November 2018)
Cancel Coal
Expert Reports
- Full Report: Comments on Potential Impacts of Proposed New Coal Generation Under the South Africa 2019 Integrated Resource Plan – Dr. R Sahu
- CER Export Report Garret Barnwell – Climate Change Impacts on Mental Health
- Climate & Mental Health Report Summary
- Nick King Report – Climate Change Implications for SA’s Youth
- Nick King Climate Scenarios Infographic
- Profs. Engelbrecht & Scholes – Climate impacts in South Africa in the 21st Century
- CERP & ESRG – New Coal Power in Light of South Africas Climate Fair Share