RONALD J. TENPAS 

Acting Assistant Attorney General 

Environment and Natural Resources Division 

United States Department of Justice 

PHILLIP A. BROOKS 

JUSTIN A. SAVAGE 

Environmental Enforcement Section 

Environment and Natural Resources Division 

P.O. Box 7611 

Washington, D.C. 20044-7611 

Ph. (202) 514-3637; fax (202) 616-6583 

STEVEN W. MYHRE 

Acting United States Attorney 

District of Nevada 

BLAINE T. WELSH (Bar No. 4790) 

333 Las Vegas Blvd. South, Suite 5000 

Las Vegas, Nevada 89101 

Ph. (702) 388-6336; fax (702) 388-6787 

Attorneys for Plaintiff United States of America 

IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF NEVADA 

UNITED STATES OF AMERICA ) 

)

 )

 Plaintiff, )

 )

 v. ) Case No:

 ) 

NEVADA POWER COMPANY ) 

)

 Defendant. ) 

) 

CONSENT DECREE 
TABLE OF CONTENTS

I. JURISDICTION AND VENUE ________________________________________________ 4 

II. APPLICABILITY __________________________________________________________ 4 

III. DEFINITIONS ____________________________________________________________ 5 

IV. NOx EMISSION REDUCTIONS AND CONTROLS _____________________________ 8 

A. Interim NOx Emissions Reductions _________________________________________________ 8

B. NOx Emissions Reductions and Controls _____________________________________________ 9

C. Tonnage Limits for NOx Emissions ________________________________________________ 12

D. Use of NOx Emission Allowances __________________________________________________ 12

V. PROHIBITION ON NETTING CREDITS OR OFFSETS FROM REQUIRED CONTROLS

___________________________________________________________________________ 14 

VI. ENVIRONMENTAL PROJECT_____________________________________________ 14 

VII. CIVIL PENALTY _______________________________________________________ 16 

VIII. RESOLUTION OF CLAIMS ______________________________________________ 17 

IX. PERIODIC REPORTING __________________________________________________ 18 

X. REVIEW AND APPROVAL OF SUBMITTALS ________________________________ 20 

XI. STIPULATED PENALTIES________________________________________________ 21 

XII. FORCE MAJEURE ______________________________________________________ 25 

XIII. DISPUTE RESOLUTION ________________________________________________ 28 

XIV. PERMITS _____________________________________________________________ 30 

XV. INFORMATION COLLECTION AND RETENTION___________________________ 32 

XVI. NOTICES _____________________________________________________________ 33 

XVII. SALES OR TRANSFERS OF OWNERSHIP INTERESTS _____________________ 36 

XVIII. EFFECTIVE DATE____________________________________________________ 38 

XIX. RETENTION OF JURISDICTION _________________________________________ 38 

XX. MODIFICATION _______________________________________________________ 38 

XXI. GENERAL PROVISIONS ________________________________________________ 38 

XXII. SIGNATORIES AND SERVICE __________________________________________ 41 

XXIII. PUBLIC COMMENT __________________________________________________ 41 

XXIV. CONDITIONAL TERMINATION OF ENFORCEMENT______________________ 41 

XXV. FINAL JUDGMENT____________________________________________________ 43 

1
WHEREAS, on June 13, 2007, the United States of America (“the United States”), on 

behalf of the United States Environmental Protection Agency (“EPA”), filed a Complaint against 

Nevada Power Company (“Nevada Power”) pursuant to Sections 113(b)(2) and 167 of the Clean 

Air Act (the “Act”), 42 U.S.C. §§ 7413(b)(2) and 7477, for injunctive relief and the assessment 

of civil penalties for alleged violations of: 

(a) the Prevention of Significant Deterioration provisions of Part C of Subchapter I of the 

Act, 42 U.S.C. §§ 7470-7492; 

(b) the federally enforceable State Implementation Plan of Clark County, Nevada (“SIP” 

or “Clark County SIP”); and 

(c) the operating permit program established by Title V of the Act, 42 U.S.C. §§ 7661-

7661f, and the federally enforceable operating permit regulations of Clark County, Nevada; 

WHEREAS, in its Complaint, the United States alleges, inter alia, that Nevada Power 

failed to obtain the necessary permits and install the controls necessary under the Act to reduce 

its nitrogen oxide (“NOx”) emissions, and that such emissions can damage human health and the 

environment; 

WHEREAS, the Complaint alleges claims upon which relief can be granted against 

Nevada Power under Sections 113 and 167 of the Act, 42 U.S.C. §§ 7413 and 7477; 

WHEREAS, Nevada Power has not answered or otherwise responded to the Complaint in 

light of the settlement memorialized in this Consent Decree; 

WHEREAS, the United States provided Nevada Power, the State of Nevada, and Clark 

County, Nevada with actual notice of alleged violations in accordance with Section 113(a)(1) of 

the Act, 42 U.S.C. § 7413(a)(1); 

2
WHEREAS, Nevada Power denies the violations alleged in the Complaint, denies any 

liability under the Complaint, maintains that it has been and remains in full compliance with the 

Act and the Clark County SIP, and is not liable for civil penalties, injunctive relief, or any other 

relief, and Nevada Power is agreeing to the obligations imposed by this Consent Decree to 

reduce emissions, improve air quality, benefit the environment, and avoid the costs of litigation, 

as well as to employ an advanced low NOx burner technology; 

WHEREAS, the United States and Nevada Power (collectively the “Parties”) understand 

that Units 5 through 8 and the associated Heat Recovery Steam Generators at Nevada Power’s 

Clark Generating Station are “Electric Utility Steam Generating Units,” as that term is defined 

under Section 0 of the Clark County Air Quality Regulations (“CCAQR”); 

WHEREAS, the definition of “Actual Emissions” in Section 0 of the CCAQR provides, 

in relevant part, that “For an Electric Utility Steam Generating Unit (other than a new unit or 

replacement of an existing unit) Actual Emissions of the unit following the physical or 

operational change shall equal the representative Actual Emissions of the unit”; 

WHEREAS, the term “Modification” in Sections 0 and 12 of the CCAQR crossreferences the definition of “Net Emission Increase,” in Section 0, which in turn is defined by 

certain increases and decreases in “Actual Emissions”; 

WHEREAS, EPA approved the above-referenced parts of Sections 0 and 12 of the 

CCAQR as part of the Clark County SIP, effective October 7, 2004, 69 Fed. Reg. 54,006 (2004) 

(codified at 40 C.F.R. § 52.1470(c)(53)(i)(A)(1)); 

WHEREAS, Nevada Power has cooperated in the resolution of this dispute; 

WHEREAS, the Parties have agreed, and the Court by entering the Consent Decree, 

3
finds: that this Consent Decree has been negotiated in good faith and at arms length; that the 

settlement is fair, reasonable, in the best interest of the Parties and in the public interest; that the 

settlement is consistent with the goals of the Act; that the entry of the Consent Decree without 

litigation is the most appropriate means of resolving this matter; 

WHEREAS, the Parties have consented to entry of this Consent Decree without trial of 

any issues; 

NOW, THEREFORE, without any admission of fact or law, it is hereby ORDERED, 

ADJUDGED, AND DECREED as follows: 

I. JURISDICTION AND VENUE 

1. This Court has jurisdiction over this action, the subject matter herein, and the Parties 

pursuant to 28 U.S.C. §§ 1331, 1345, 1355, and 1367, and pursuant to Sections 113 and 167 of 

the Act, 42 U.S.C. §§ 7413 and 7477. Venue is proper under Section 113(b) of the Act, 42 

U.S.C. § 7413(b), and under 28 U.S.C. § 1391(b) and (c). Solely for the purposes of this 

Consent Decree and the underlying Complaint, Nevada Power waives all objections and defenses 

that it may have to the Court’s jurisdiction over Nevada Power and this action, and to venue in 

this District. Nevada Power shall not challenge the terms of this Consent Decree or this Court’s 

jurisdiction to enter and enforce this Consent Decree. Except as expressly provided for herein, 

this Consent Decree shall not create any rights in any party other than the Parties to this Consent 

Decree. Except as provided in Section XXIII (Public Comment) of this Consent Decree, the 

Parties consent to entry of this Consent Decree without further notice. 

II. APPLICABILITY 

2. Upon entry, the provisions of this Consent Decree shall apply to and be binding upon 

the United States, Nevada Power, its successors and assigns, and upon Nevada Power’s officers, 

4
employees and agents solely in their capacities as such. 

3. Nevada Power shall provide a copy of this Consent Decree to all vendors, suppliers, 

consultants, contractors, agents, and any other company or other organization retained to perform 

any of the work required by this Consent Decree. Notwithstanding any retention of contractors, 

subcontractors, or agents to perform any work required under this Consent Decree, Nevada 

Power shall be responsible for ensuring that all work is performed in accordance with the 

requirements of this Consent Decree. In any action to enforce this Consent Decree, Nevada 

Power shall not assert as a defense the failure of its officers, directors, employees, servants, 

agents, or contractors to take actions necessary to comply with this Consent Decree, unless it is 

determined to be a Force Majeure Event and satisfies the Force Majeure provisions (Section XII) 

of this Consent Decree. 

III. DEFINITIONS 

4. “Automatic Safety or Equipment Protection Systems” means the systems that 

automatically change certain operating parameters at the Clark Station in order to protect Clark 

Station personnel or equipment from injury or damage. The systems consist of sensors that 

monitor key parameters (including, for example, temperature, pressure, flow rates, and valve 

positions) for numerous components at the Clark Generating Station, and when one or more of 

these key parameters is found to be outside of the manufacturer's recommended tolerances, an 

automatic change to one or more of the Covered Units' operations may be triggered. 

5
5. “CEMS” or “Continuous Emission Monitoring System,” means, for obligations 

involving NOx under this Consent Decree, the devices defined in 40 C.F.R. Part 60, and installed 

and maintained as required by 40 C.F.R. Part 60. 

6. “Clark Station” means Clark Generating Station located in Las Vegas, Nevada. 

7. “Clean Air Act” or “Act” means the federal Clean Air Act, 42 U.S.C. §§7401-7671q, 

and its implementing regulations. 

8. “Cold Steam Turbine Start-up” means the start-up of a power block when the steam 

turbine first stage base metal temperatures are below 250°F. 

9. “Consent Decree” or “Decree” means this Consent Decree. 

10. “Covered Units” means Units 5, 6, 7, and 8 at Clark Station, regardless of whether 

such units are operating in simple cycle mode or combined cycle mode. “Covered Unit” means 

one of the Covered Units, as specified in this Consent Decree. 

11. “EPA” means the United States Environmental Protection Agency. 

12. “Netting” shall mean the process of determining whether a particular physical change 

or change in the method of operation of a major stationary source results in a net emissions 

increase, as that term is defined at 40 C.F.R. § 52.21(b)(3)(i) and Section 0 of the Clark County 

Air Quality Regulations (2004). 

13. “Nevada Power” means Nevada Power Company. 

14. “NOx” means oxides of nitrogen, measured in accordance with the provisions of this 

Consent Decree. 

15. “NOx Allowance(s)” means an authorization or credit to emit a specified amount of 

6
NOx that is allocated or issued under an emissions trading or marketable permit program of any 

kind established under the Act or a State Implementation Plan. 

16. “NOx Emission Rate” means the average concentration of NOx in parts per million 

by volume (“ppm”). 

17. “NOx Tonnage for One Calendar Year” means the sum of the tons of NOx emitted 

from Covered Units, as specified in this Consent Decree, in any 12-Month calendar year (i.e., 

from January 1 through December 31). A new NOx Tonnage for One Calendar Year shall be 

calculated for each new calendar year. The calculation of each NOx Tonnage for One Calendar 

Year shall include the pollutants emitted during all periods of operation during each calendar 

year, including, without limitation, Start-up and Shut Down. 

18. “Parties” means the United States of America and Nevada Power. “Party” means 

one of the two named “Parties.” 

19. “Plaintiff” means the United States of America. 

20. “ppm” means parts per million by dry volume, corrected to 15% O2. 

21. “Prevention of Significant Deterioration” or “PSD” means the prevention of 

significant deterioration of air quality program under Part C of Subchapter I of the Clean Air Act, 

42 U.S.C. §§ 7470 - 7492, and 40 C.F.R. Part 52. 

22. “Project Dollars” means Nevada Power’s expenditures and payments incurred or 

made in carrying out the Projects identified in Section VI (Environmental Project) of this 

Consent Decree to the extent that such expenditures or payments both: (a) comply with the 

requirements set forth in Section VI (Environmental Project) of this Consent Decree; and (b) 

constitute (i) Nevada Power’s direct payments for such projects, (ii) Nevada Power’s external 

7
costs for contractors, vendors, and equipment, (iii) Nevada Power’s internal costs consisting of 

employee time, travel, or out-of-pocket expenses specifically attributable to these particular 

projects and documented in accordance with Generally Accepted Accounting Principles 

(“GAAP”), or (iv) the discounted present value of the cash payments made by Nevada Power 

under a contract with another entity to carry out the project. 

23. “Shut Down” means the period of no more than one hour that immediately precedes 

the cessation of fuel combustion. 

24. “Start-up” means the one-hour period immediately following the beginning of the 

combustion of fuel, except during a Cold Steam Turbine Start-up of a Covered Unit operating in 

combined cycle mode. During such a cold steam start-up, “Start-up” means the two hour period 

immediately following the beginning of the combustion of fuel in the first Covered Unit to start 

in that power block. 

25. “Title V Permit” means the operating permit required of Nevada Power for Clark 

Station under Subchapter V of the Act, 42 U.S.C. §§ 7661-7661e. 

26. “ULNB” means ultra low NOx burners. 

IV. NOx EMISSION REDUCTIONS AND CONTROLS 

A. Interim NOx Emissions Reductions 

27. Pending the installation of ultra low NOX burners (“ULNBs”) on Clark Station Units 

5 through 8, as provided in Section IV.B. of this Decree, the Parties intend for Nevada Power to 

reduce NOx emissions from these Covered Units by employing increased water injection on each 

Unit, as specified in this Section. 

28. Within thirty (30) calendar days of lodging of this Consent Decree, Nevada Power 

8
shall begin to operate Units 5, 6, 7, and 8 in accordance with the water-to-fuel ratio curves 

(“water injection curves”) attached to and incorporated into this Consent Decree as Appendix 1, 

excluding only periods of Start-up and Shut Down. Nevada Power shall record, using the 

Covered Units’ CEMS Data Acquisition and Handling System (“DAHS”), or its replacement 

system, the actual water to fuel ratio on a 3-hour average basis, and shall compare these values 

with the water injection curves (also computed on a 3-hour average basis) to determine 

compliance. When Nevada Power begins the operation of a ULNB on a Covered Unit, as 

provided in Section IV.B. of this Decree, Nevada Power shall cease operating water injection on 

that Covered Unit and shall thereafter have no obligation to operate water injection on that 

Covered Unit, including in accordance with the water injection curves established above. 

B. NOx Emissions Reductions and Controls 

29. Nevada Power shall install and commence operation of ULNBs (or equivalent NOx 

control technology approved pursuant to Paragraph 30), and achieve a NOx Emission Rate not 

greater than 5 ppm, as averaged over 1 hour (“1-hour average”), on the Covered Units by the 

dates set forth in the following table: 

Unit Date by Which 

Nevada Power Must Complete 

Installation and Commence 

Operation of ULNB 

Date by Which Nevada 

Power Must Comply with the 

5 ppm NOx Emission Rate on 

a 1-hour average 

Clark Station Unit 5 December 31, 2008 January 30, 2009 

Clark Station Unit 8 December 31, 2008 January 30, 2009 

Clark Station Unit 6 December 31, 2009 January 30, 2010 

Clark Station Unit 7 December 31, 2009 January 30, 2010 

30. With prior written notice to and approval from EPA, Nevada Power may, in lieu of 

installing and operating any such ULNB on a Covered Unit, install and operate equivalent NOx 

9 
control technology on a Covered Unit, so long as the technology achieves a NOx Emission Rate 

not greater than 5 ppm on a 1-hour average. 

31. In determining the 5 ppm NOx Emission Rate on a 1-hour average, required under 

Paragraphs 29-30, Nevada Power shall use CEMS in accordance with the applicable reference 

methods specified in 40 C.F.R. Part 60 to calculate emissions for each 15 minute interval within 

each clock hour, except as provided in this Paragraph. Compliance with the 5 ppm NOx 

Emission Rate required under Paragraphs 29-30 shall be shown by averaging all 15-minute 

CEMS interval readings within a clock hour, except that any 15-minute CEMS interval that 

contains any part of a Start-up or Shut Down shall not be included in the calculation of that 1­

hour average. A minimum of two 15-minute CEMS interval readings within a clock hour, not 

including Start-up or Shut Down intervals, is required to determine compliance with the 5 ppm 

NOx Emission Rate, on a 1-hour average, required under Paragraphs 29-30. All emissions 

recorded by CEMS shall be reported in one hour averages. 

32. The 1-hour averaging set forth in Paragraph 31 shall also be used to determine the 

stipulated penalties for ppm NOx violations specified in Paragraph 67. 

33. After entry of this Consent Decree, Nevada Power shall combust only natural gas in 

the Covered Units. 

34. The 5 ppm NOx Emission Rate required under Paragraphs 29-30 shall apply during 

all periods of operation except Start-up, Shut Down, and as provided in Paragraphs 35-36 of this 

Consent Decree. 

35. The 5 ppm NOx Emission Rate shall not apply to a 1-hour average NOx emissions 

above 5 ppm NOx at a Covered Unit, if all of the conditions of the following Subparagraphs a-e 

10
of this Paragraph of this Decree are met: 

a. The Covered Unit operates under any one of the following conditions: 

(1) Rapid combustion turbine load changes due to activation of the 

Automatic Safety or Equipment Protection Systems which rapidly 

decreases turbine load; or 

(2) A change in the combustion mode of the ULNBs triggered by the 

Automatic Safety or Equipment Protection Systems. 

b. The 1-hour average NOx emissions above the 5 ppm NOx Emission Rate 

did not occur as a result of operator neglect; improper operation or maintenance; 

or the tampering with, interfering with, altering, or adjusting any equipment in 

any way which conceals or disguises the type and quantity of emissions. 

c. The operating conditions described in Paragraph 35.a of this Decree are 

recorded in the plant's operating log within 24 hours of the event, and in the 

CEMS by 5 p.m. the next business day following the event. The notations in the 

log and CEMS must describe the data, list the time of entry into the log, and 

describe the plant operating conditions responsible for the event. 

d. The 1-hour average NOx concentration does not exceed 32 ppm, when 

calculated as required by Paragraph 31 of this Decree. 

e. Within thirty (30) calendar days of the event, Nevada Power files a report 

with the EPA and the Department of Justice that sets forth the information that 

demonstrates the applicability of Subparagraphs a-e of this Paragraph to the event. 

36. Paragraph 35 may apply to no more than ten (10) 1-hour averages of NOx emissions per 

11
Covered Unit per calendar year, and it is Nevada Power’s burden to demonstrate that it has met 

the conditions of Paragraph 35.a through e. All NOx emissions during these 1-hour periods 

covered by Paragraph 35 shall be included when calculating the NOx Tonnage for One Calendar 

Year. 

37. Nevada Power shall, to the extent practicable, maintain and operate the Covered 

Units in a manner consistent with good air pollution control practices for minimizing emissions, 

including during Start-up and Shut Down. 

C. Tonnage Limits for NOx Emissions 

38. Nevada Power shall comply with the following limits on the NOx Tonnage for One 

Calendar Year for the Covered Units at Clark Station, as specified below: 

a. For the calendar year 2009 only, beginning January 1, 2009, Nevada 

Power shall not emit NOx from Units 5 and 8 at Clark Station in an amount 

greater than 180 tons per year, based upon a NOx Tonnage for One Calendar 

Year; and 

b. Beginning January 1, 2010, Nevada Power shall not emit NOx from Units 

5, 6, 7, and 8 at Clark Station in an amount greater than 360 tons per year, based 

upon a NOx Tonnage for One Calendar Year. 

39. Nevada Power shall not use NOx Allowances to comply with the NOx tonnage 

limitations set forth in Paragraph 38. 

D. Use of NOx Emission Allowances 

40. Except as provided in this Consent Decree, Nevada Power shall not use, sell, or trade 

NOx Allowances that would have otherwise been available for use, sale, or trade as a result of 

12
actions taken by Nevada Power to comply with the requirements of this Consent Decree. 

41. Provided that Nevada Power is in compliance with the NOx emission limitations of 

this Consent Decree, nothing in this Consent Decree shall preclude Nevada Power from using, 

selling or transferring surplus NOx Allowances that may arise as a result of: 

a. Activities that reduce NOx emissions from Covered Units prior to the date 

of entry of this Consent Decree, except for the Interim NOx Reductions required 

under Section IV.A; 

b. Achievement and maintenance of the NOx Emission Rates at Covered 

Units below the emission limits required by Section IV.B (NOx Emissions 

Reductions and Controls); and 

c. Other emission reduction measures that are agreed to by the Parties and 

made enforceable through modifications of this Consent Decree; 

so long as Nevada Power timely reports the generation of such surplus NOx Allowances in 

accordance with Section IX (Periodic Reporting) of this Consent Decree. For purposes of this 

Paragraph, surplus NOx Allowances equal the number of tons of NOx that Nevada Power 

removed from its emissions that are in excess of the NOx reductions required by this Consent 

Decree. 

42. Nevada Power may not purchase or otherwise obtain NOx Allowances from another 

source for purposes of complying with the requirements of this Consent Decree. However, 

nothing in this Consent Decree shall prevent Nevada Power from purchasing or otherwise 

obtaining NOx Allowances from another source for purposes of complying with state or federal 

Clean Air Act requirements to the extent otherwise allowed by law. 

13
V. PROHIBITION ON NETTING CREDITS OR OFFSETS FROM REQUIRED 

CONTROLS 

43. For any and all actions taken by Nevada Power to comply with the requirements of 

this Consent Decree, including but not limited to increased water injection, the installation of the 

ULNBs, and the reduction of emissions to satisfy the annual tonnage limitations, any emission 

reductions shall not be considered a creditable contemporaneous emission decrease for the 

purpose of obtaining a netting credit under the Clean Air Act’s Nonattainment NSR and PSD 

programs. 

44. The limitations on the generation and use of netting credits or offsets set forth in the 

previous Paragraph do not apply to emission reduction measures that qualify as surplus NOx 

Allowances under Paragraph 41. 

45. Nothing in this Consent Decree is intended to preclude the emission reductions 

generated under this Consent Decree from being considered by the State of Nevada, Clark 

County, Nevada, and EPA as creditable emission decreases for the purpose of attainment 

demonstrations submitted pursuant to Section 110 of the Act, 42 U.S.C. § 7410, or in 

determining impacts on National Ambient Air Quality Standards or PSD increment consumption. 

VI. ENVIRONMENTAL PROJECT 

46. Nevada Power shall implement a Project (“Project”) to install photovoltaic arrays on 

a building in Las Vegas, Nevada. The Project is further described below and in Appendix 2, 

which is attached and incorporated into this Decree. 

47. To implement the Project, Nevada Power shall spend no less than $400,000 in funds 

(“Project Dollars”). Nevada Power shall maintain all documents to substantiate the Project 

Dollars expended and shall provide these documents to the United States within sixty (60) 

14
calendar days of a request by the United States for the documents. 

48. Nevada Power hereby certifies that, as of the date of this Consent Decree, Nevada 

Power is not otherwise required by law to perform the Project described in the Decree, that 

Nevada Power is unaware of any other person who is required by law to perform the Project, and 

that Nevada Power will not use the Project, or portion thereof, to satisfy any obligations that it 

may have under other applicable requirements of law. Nevada Power shall make this 

certification in the progress and completion reports respectively required by Paragraphs 55 and 

52 of this Consent Decree. 

49. Nevada Power shall use good faith efforts to secure as much benefit as possible for 

the Project Dollars expended. 

50. Regardless of whether Nevada Power elected (where such election is allowed) to 

undertake the Project by itself or to do so by contributing funds to another person or 

instrumentality that will carry out the Project, Nevada Power acknowledges that it will receive 

credit for the expenditure of such funds as Project Dollars only if Nevada Power demonstrates 

that the funds have been actually spent by either Nevada Power or by the person or 

instrumentality receiving them (or, in the case of internal costs, have actually been incurred by 

Nevada Power), and that such expenditures meet all requirements of this Consent Decree. 

51. Nevada Power shall receive full credit for the expenditure of Project Dollars only to 

the extent that Nevada Power does not receive an offsetting financial or economic benefit from 

such expenditures, including, without limitation: any tax rebate, credit, or deduction under the 

Internal Revenue Code or any other applicable federal, state, or local law; any grants under 

federal, state, or local law; and any proceeds of sales of electricity from the solar arrays to the 

local electric grid, if any. In determining how many Project Dollars have been spent by Nevada 

15
Power, Nevada Power shall debit offsetting financial or economic benefits, if any, received 

against any of Nevada Power’s expenditures for the Project. 

52. Within sixty (60) calendar days following the completion of the Project required 

under this Consent Decree, Nevada Power shall submit to the United States a report that 

documents the date that the Project was completed, the results of implementing the Project, 

including Nevada Power’s estimate of the emission reductions or other environmental benefits 

achieved, and the Project Dollars expended by Nevada Power in implementing the Project. 

Nevada Power will post a copy of this report on the company’s website. 

53. Nevada Power shall not financially benefit to a greater extent than any other member 

of the general public from the Project. 

54. Project Dollar credit given for the Project shall reflect Nevada Power’s net cost in 

implementing the Project, and any economic benefit or income resulting from the Project shall 

be deducted from the Project Dollar credit given to the Project. 

55. Nevada Power shall provide the United States with updates concerning the progress 

of the Project as part of its regular progress reports under Section IX of this Decree, until such 

time as the Project is completed. 

VII. CIVIL PENALTY 

56. Within thirty (30) calendar days after entry of this Consent Decree, Nevada Power 

shall pay to the United States a civil penalty in the amount of $300,000. The civil penalty shall 

be paid by Electronic Funds Transfer (“EFT”) to the United States Department of Justice, in 

accordance with current EFT procedures, referencing USAO File Number 2003V00045 and DOJ 

Case Number 90-5-2-1-07969 and the civil action case name and case number of this action. 

16
The costs of such EFT shall be Nevada Power’s responsibility. Payment shall be made in 

accordance with instructions provided to Nevada Power by the Financial Litigation Unit of the 

U.S. Attorney’s Office for the District of Nevada. Any funds received after 2:00 p.m. EDT shall 

be credited on the next business day. At the time of payment, Nevada Power shall provide notice 

of payment, referencing the USAO File Number, the DOJ Case Number, and the civil action case 

name and case number, to the Department of Justice and to EPA in accordance with Section XVI 

(Notices) of this Consent Decree. 

57. Failure to timely pay the civil penalty shall subject Nevada Power to interest 

accruing from the date payment is due until the date payment is made at the rate prescribed by 

28 U.S.C. § 1961, and shall render Nevada Power liable for all charges, costs, fees, and penalties 

established by law for the benefit of a creditor or of the United States in securing payment. 

58. Payments made pursuant to this Section are penalties within the meaning of 

Section 162(f) of the Internal Revenue Code, 26 U.S.C. § 162(f), and are not tax-deductible 

expenditures for purposes of federal law. 

VIII. RESOLUTION OF CLAIMS 

59. Entry of this Consent Decree shall resolve all civil claims of the United States under: 

a. Parts C and D of Subchapter I of the Clean Air Act and implementing 

regulations, including 40 C.F.R. Parts 51 and 52; 

b. Section 111 of the Clean Air Act and 40 C.F.R. Part 60; 

c. The federally approved and enforceable Nevada State Implementation 

Plan; 

d. Sections 502(a) and 504(a) of the Clean Air Act but only to the extent that 

such claims are based on Nevada Power’s failure to obtain an operating permit 

17
that reflects applicable requirements imposed under Part C or D of Subchapter I, 

or Section 111 of the Clean Air Act; and 

e. Section 12 of the Clark County Air Quality Regulations and all relevant 

prior versions of these Regulations, including without limitation Section 15 

(Source Registration) and Section 16 (Operating Permits) of the Clark County Air 

Quality Regulations in effect before 2000; 

that arose from any modification that commenced at Covered Units before the date of lodging of 

this Consent Decree, including but not limited to modifications alleged in the Notice of Violation 

issued by EPA concerning the Covered Units dated October 29, 2003, and in the Complaint filed 

by the United States in this civil action; provided, however, that this Paragraph shall be deemed 

to extend to increased water injection of the Covered Units in accordance with Section IV.A. of 

this Consent Decree (Interim NOx Emissions Reductions). 

IX. PERIODIC REPORTING 

60. Beginning thirty (30) calendar days after the end of the first full calendar quarter 

following the entry of this Consent Decree, continuing on a semi-annual basis until December 31, 

2013, and in addition to any other express reporting requirement in this Consent Decree, Nevada 

Power shall submit to EPA a progress report, containing: 

a. All information necessary to determine compliance with this Consent 

Decree, including but not limited to information required to be included in the 

reports pursuant to Paragraphs 41 and 55; and 

b. All information indicating that the installation and commencement of 

operation of equipment under Section IV.A or IV.B may be delayed, including the 

nature and cause of the delay, and any steps taken by Nevada Power to mitigate 

18
such delay. 

61. In any periodic progress report submitted pursuant to this Section, Nevada Power 

may incorporate by reference information previously submitted under their Title V permitting 

requirements, provided that Nevada Power attaches the Title V permit report (or pertinent 

portions of such report) and provide a specific reference to the provisions of the Title V permit 

report that are responsive to the information required in the periodic progress report. 

62. On September 1 of any calendar year in which the Tonnage Limits on NOx 

Emissions of Section IV.C of this Consent Decree are in effect, Nevada Power shall calculate, as 

specified below, the tons per year of NOx emitted from Covered Units since January 1 of the 

same calendar year; provided, however, that the calculations need only be prepared for Covered 

Units then subject to the Tonnage Limits on NOx Emissions of Section IV.C (for example, the 

NOx emissions from a Covered Unit not yet controlled with an UNLB need not be calculated). 

Nevada Power shall repeat the calculation on the first of each month through the end of the 

calendar year, except that if NOx emissions from Covered Units are within 5% of any Tonnage 

Limits on NOx Emissions of Section IV.C, Nevada Power shall prepare weekly calculations. 

Records of the calculations required by this Paragraph shall be kept. The record of the 

calculations required by this Paragraph shall be made available to EPA within fourteen (14) 

calendar days of receipt of a written request to Nevada Power. In addition, if the calculation 

required by this Paragraph shows that the NOx emissions from Covered Units are within 5% of 

any Tonnage Limits on NOx Emissions of Section IV.C, Nevada Power shall report that fact to 

EPA in writing within fourteen (14) calendar days of such calculation. In this report, Nevada 

Power shall explain all measures taken or to be taken by Nevada Power to prevent a violation of 

the Tonnage Limits on NOx Emissions of Section IV.C. 

19
63. In addition to the progress reports required pursuant to this Section, Nevada Power 

shall provide a written report to Plaintiff of any violation of the requirements of this Consent 

Decree, including failure to comply with the deadlines in Section IV, and any exceedances of the 

water injection curves, the NOx Emission Rates and Tonnage Limits on NOx Emissions specified 

in Section IV, within fourteen (14) calendar days of when Nevada Power knew or should have 

known of any such violations. In this report, Nevada Power shall explain the cause or causes of 

the violations and all measures taken or to be taken by Nevada Power to prevent such violations 

in the future. 

64. Each Nevada Power report shall be signed by Nevada Power’s Environmental 

Manager or, in his or her absence, Nevada Power’s Vice President of Generation, or higher 

ranking official, and shall contain the following certification: 

This information was prepared either by me or under my direction 

or supervision in accordance with a system designed to assure that 

qualified personnel properly gather and evaluate the information 

submitted. Based on my evaluation, or the direction and my 

inquiry of the person(s) who manage the system, or the person(s) 

directly responsible for gathering the information, I hereby certify 

under penalty of law that, to the best of my knowledge and belief, 

this information is true, accurate, and complete. I understand that 

there are significant penalties for submitting false, inaccurate, or 

incomplete information to the United States. 

X. REVIEW AND APPROVAL OF SUBMITTALS 

65. Nevada Power shall submit each plan, report, or other submission to EPA whenever 

such a document is required to be submitted for review or approval pursuant to this Consent 

Decree. EPA may approve the submittal or decline to approve it and provide written comments. 

Within sixty (60) calendar days of receiving written comments from EPA, Nevada Power shall 

either: (a) revise the submittal consistent with the written comments and provide the revised 

submittal for final approval to EPA; or (b) submit the matter for dispute resolution, including the 

20
period of informal negotiations, under Section XIII (Dispute Resolution) of this Consent Decree. 

66. Upon receipt of EPA’s final approval of the submittal, or upon completion of the 

submittal pursuant to dispute resolution, Nevada Power shall implement the approved submittal 

in accordance with the schedule specified therein. 

XI. STIPULATED PENALTIES 

67. For any failure by Nevada Power to comply with the terms of this Consent Decree, 

and subject to the provisions of Sections XII (Force Majeure) and XIII (Dispute Resolution) of 

this Consent Decree, Nevada Power shall pay, within thirty (30) calendar days after receipt of 

written demand to Nevada Power by the United States, the following stipulated penalties to the 

United States: 

Consent Decree Violation Stipulated Penalty 

(Per violation, unless 

otherwise specified) 

a. Failure to pay the civil penalty as specified in 

Section VII (Civil Penalty) of this Consent Decree. 

$10,000 per day 

b. Failure to comply with the water injection, as 

specified in Section IV.A., where the violation is equal to, 

or less than, 20% of the water to fuel ratios specified in 

Appendix 1 on a 3-hour average, 

$400 

c. Failure to comply with the water injection, as 

specified in Section IV.A., where the violation is greater 

than 20% of the water to fuel ratios specified in Appendix 1 

on a 3-hour average. 

$800 

21
d. Failure to comply with the water injection, as 

specified in Section IV.A., where the violation is equal to, 

or less than, 20% of the water to fuel ratios specified in 

Appendix 1 on a 3-hour average and Nevada Power has 

exceeded such ratios more than 10 times during the calendar 

year. 

$4,000 

e. Failure to comply with the water injection, as 

specified in Section IV.A., where the violation is greater 

than 20% of the water to fuel ratios specified in Appendix 1 

on a 3-hour average and Nevada Power has exceeded such 

ratios more than 10 times during the calendar year. 

$10,000 

f. Failure to comply with the 5 ppm NOx emission 

rate, as specified in Section IV.B, where the violation is 

equal to, or less than, 7.5 ppm on a 1-hour average. 

$400 

g. Failure to comply with the 5 ppm NOx emission 

rate, as specified in Section IV.B, where the violation is 

greater than 7.5 ppm on a 1-hour average. 

$800 

h. Failure to comply with the 5 ppm NOx emission 

rate, as specified in Section IV.B, where the violation is 

equal to, or less than 7.5 ppm on a 1-hour average and 

Nevada Power has exceeded the 5 ppm NOx emission rate 

more than 15 times during the existing calendar year. 

$4,000 

i. Failure to comply with the 5 ppm NOx emission 

rate, as specified in Section IV.B, where the violation is 

greater than 7.5 ppm on a 1-hour average and Nevada 

Power has exceeded the 5 ppm NOx emission rate more than 

15 times during the existing calendar year. 

$10,000 

j. Failure to comply with the Tonnage Limits for 

NOx Emissions, as specified in Section IV.C. 

$40,000 per ton per year 

k. Failure to install, commence operation, or 

continue operation of the ULNBs, or equivalent NOx control 

technology, on any Unit, as specified in Section IV.B. 

$1,000 per day for the first 10 

calendar days, $5,000 per day 

during the next 20 calendar 

days, $27,500 per day thereafter 

l. Failure to operate CEMS as required in 

Paragraph 31. 

$1,000 per day 

m. Failure to apply for any permit required by this 

Consent Decree. 

$1,000 per day 

22
n. Failure to timely submit, modify, or implement, 

as approved, the reports, plans, studies, analyses, protocols, 

or other submittals required by this Consent Decree. 

$750 per day during the first ten 

calendar days, $1,000 thereafter 

o. Using, selling or transferring NOx Allowances 

except as permitted in Paragraphs 40-42. 

The surrender of NOx 

Allowances in an amount equal 

to four times the number of NOx 

Allowances used, sold, or 

transferred in violation of this 

Consent Decree 

p. Failure to undertake and complete any of the 

Projects in compliance with Section VI (Environmental 

Project) of this Consent Decree. 

$1,000 per day during the first 

30 calendar days, $5,000 

thereafter 

q. Any other violation of this Consent Decree. $1,000 

68. All stipulated penalties shall begin to accrue on the day after the performance is due 

or on the day a violation occurs, whichever is applicable, and shall continue to accrue until 

performance is satisfactorily completed or until the violation ceases. Nothing in this Consent 

Decree shall prevent the simultaneous accrual of separate stipulated penalties for separate 

violations of this Consent Decree. 

69. Nevada Power shall pay all stipulated penalties to the United States within thirty (30) 

calendar days of receipt by Nevada Power of a written demand to Nevada Power from the United 

States, and shall continue to make such payments every thirty (30) calendar days thereafter until 

the violation(s) no longer continues, unless Nevada Power elects within thirty (30) calendar days 

of receipt of written demand to Nevada Power from the United States to dispute the demand for 

stipulated penalties in accordance with the provisions in Section XIII (Dispute Resolution) of 

this Consent Decree. 

70. Stipulated penalties shall continue to accrue as provided in Paragraph 68 during any 

23
dispute, with interest on accrued stipulated penalties payable and calculated at the rate 

established by the Secretary of the Treasury, pursuant to 28 U.S.C. § 1961, but need not be paid 

until the following: 

a. If the dispute is resolved by agreement, or by a decision of the United 

States’ pursuant to Section XIII (Dispute Resolution) of this Consent Decree that 

is not appealed to the Court, accrued stipulated penalties agreed or determined to 

be owing, together with accrued interest, shall be paid within thirty (30) calendar 

days of the effective date of the agreement or of the receipt of Plaintiff’s decision; 

b. If the dispute is appealed to the Court, and Plaintiff prevails in whole or in 

part, Nevada Power shall, within sixty (60) calendar days of receipt of the 

Court’s decision or order, pay all accrued stipulated penalties determined by the 

Court to be owing, together with accrued interest, except as provided in 

Subparagraph (c); or 

c. If the Court’s decision is appealed by any Party, Nevada Power shall, 

within fifteen (15) calendar days of receipt of the final appellate court decision 

pay all accrued stipulated penalties determined to be owing, together with accrued 

interest. 

For purposes of this Paragraph, the accrued stipulated penalties agreed to by the Parties, or 

determined by the United States through Dispute Resolution, to be owing may be less than the 

stipulated penalty amounts set forth in Paragraph 67. Nevada Power need not pay any stipulated 

penalties based on violations which they dispute and ultimately prevail under Section XIII 

(Dispute Resolution) of this Consent Decree. 

71. All stipulated penalties shall be paid in the manner set forth in Section VII (Civil 

24
Penalty) of this Consent Decree. 

72. Should Nevada Power fail to pay stipulated penalties in compliance with the terms of 

this Consent Decree, the United States shall be entitled to collect interest on such penalties, as 

provided for in 28 U.S.C. § 1961. 

73. The stipulated penalties provided for in this Consent Decree shall be in addition to 

any other rights, remedies, or sanctions available to the United States by reason of Nevada 

Power’s failure to comply with any requirement of this Consent Decree or applicable law, except 

that for any violation of the Act for which this Consent Decree provides for payment of a 

stipulated penalty, Nevada Power shall be allowed a credit for stipulated penalties paid against 

any statutory penalties also imposed for such violation. Notwithstanding any other provision of 

this Consent Decree, the United States may, in its unreviewable discretion, waive all or any part 

of any stipulated penalties which may have accrued pursuant to this Consent Decree. 

XII. FORCE MAJEURE 

74. For purposes of this Consent Decree, a “Force Majeure Event” shall mean an event 

that has been or will be caused by circumstances beyond the control of Nevada Power, its 

contractors, or any entity controlled by Nevada Power that delays compliance with any provision 

of this Consent Decree or otherwise causes a violation of any provision of this Consent Decree 

despite Nevada Power’s best efforts to fulfill the obligation. “Best efforts to fulfill the 

obligation” include using best efforts to anticipate any potential Force Majeure Event and to 

address the effects of any such event (a) as it is occurring and (b) after it has occurred, such that 

the delay or violation is minimized to the greatest extent possible. 

75. Notice of Force Majeure Events. If any event occurs or has occurred that may 

delay compliance with or otherwise cause a violation of any obligation under this Consent 

25
Decree, as to which Nevada Power intends to assert a claim of Force Majeure, Nevada Power 

shall notify the United States in writing as soon as practicable, but, unless otherwise agreed, in 

no event later than twenty (20) calendar days following the date that Nevada Power first knew, 

or by the exercise of due diligence should have known, that the event caused or may cause such 

delay or violation. In this notice, Nevada Power shall reference this Paragraph of this Consent 

Decree and describe the anticipated length of time that the delay or violation may persist, the 

cause or causes of the delay or violation, all measures taken or to be taken by Nevada Power to 

prevent or minimize the delay or violation, the schedule by which Nevada Power proposes to 

implement those measures, and Nevada Power’s rationale for attributing a delay or violation to a 

Force Majeure Event. Nevada Power shall adopt all reasonable measures to avoid or minimize 

such delays or violations. Nevada Power shall be deemed to know of any circumstance which 

Nevada Power, its contractors, or any entity controlled by Nevada Power knew or should have 

known. 

76. Failure to Give Notice. If Nevada Power fails to comply with the notice 

requirements in the preceding Paragraph, the United States may void Nevada Power’s claim for 

Force Majeure as to the specific event for which Nevada Power has failed to comply with such 

notice requirement. 

77. Plaintiff’s Response. The United States shall notify Nevada Power in writing 

regarding Nevada Power’s claim of Force Majeure within thirty (30) calendar days of receipt of 

the notice provided under Paragraph 75. If the United States agrees that a delay in performance 

has been or will be caused by a Force Majeure Event, the Parties shall stipulate to an extension 

of deadline(s) for performance of the affected compliance requirement(s) by a period equal to the 

delay actually caused by the event. In such circumstances, an appropriate modification shall be 

26
made pursuant to Section XX (Modification) of this Consent Decree. 

78. Disagreement. If the United States does not accept Nevada Power’s claims of Force 

Majeure, or if the Parties cannot agree on the length of the delay actually caused by the Force 

Majeure Event, the matter shall be resolved in accordance with Section XIII (Dispute 

Resolution) of this Consent Decree. 

79. Burden of Proof. In any dispute regarding Force Majeure, Nevada Power shall bear 

the burden of proving that any delay in performance or any other violation of any requirement of 

this Consent Decree was caused by or will be caused by a Force Majeure Event. Nevada Power 

shall also bear the burden of proving that Nevada Power gave the notice required by Paragraph 

75 and the burden of proving the anticipated duration and extent of any delay(s) attributable to a 

Force Majeure Event. An extension of one compliance date based on a particular event may, but 

will not necessarily, result in an extension of a subsequent compliance date. 

80. Events Excluded. Unanticipated or increased costs or expenses associated with the 

performance of Nevada Power’s obligations under this Consent Decree shall not constitute a 

Force Majeure Event. 

81. Potential Force Majeure Events. The Parties agree that, depending upon the 

circumstances related to an event and Nevada Power’s response to such circumstances, the kinds 

of events listed below are among those that could qualify as Force Majeure Events within the 

meaning of this Section: construction, labor, or equipment delays; acts of God; acts of war or 

terrorism; and orders by a government official, government agency, or other regulatory body 

acting under and authorized by applicable law that directs Nevada Power to supply electricity in 

response to a system-wide (state-wide or regional) emergency. Depending upon the 

circumstances and Nevada Power’s response to such circumstances, failure of a permitting 

27
authority to issue a necessary permit in a timely fashion may constitute a Force Majeure Event 

where the failure of the permitting authority to act is beyond the control of Nevada Power and 

Nevada Power has taken all steps available to it to obtain the necessary permit, including, but not 

limited to: submitting a complete permit application; responding to requests for additional 

information by the permitting authority in a timely fashion; and accepting lawful permit terms 

and conditions after expeditiously exhausting any legal rights to appeal terms and conditions 

imposed by the permitting authority, provided that Nevada Power shall not be precluded from 

asserting that a new Force Majeure Event has caused or may cause a new or additional delay in 

complying with the extended or modified schedule. 

82. As part of the resolution of any matter submitted to this Court under Section XIII 

(Dispute Resolution) of this Consent Decree regarding a claim of Force Majeure, the Parties by 

agreement, or this Court by order, may in appropriate circumstances extend or modify the 

schedule for completion of work under this Consent Decree to account for the delay in the work 

that occurred as a result of any delay agreed to by the United States or approved by the Court. 

Nevada Power shall be subject to stipulated penalties for their failure thereafter to complete the 

work in accordance with the extended or modified schedule, provided that Nevada Power shall 

not be precluded from asserting that a Force Majeure Event has caused or may cause a delay in 

complying with the extended or modified schedule. 

XIII. DISPUTE RESOLUTION 

83. The dispute resolution procedure provided by this Section shall be available to 

resolve all disputes arising under this Consent Decree. 

84. The dispute resolution procedure required herein shall be invoked by one Party 

28
giving written notice to the other Party advising of a dispute pursuant to this Section. The notice 

shall describe the nature of the dispute and shall state the noticing Party’s position with regard to 

such dispute. The Party receiving such a notice shall acknowledge receipt of the notice, and the 

Parties in dispute shall expeditiously schedule a meeting to discuss the dispute informally not 

later than fourteen (14) calendar days following receipt of such notice. 

85. Disputes submitted to dispute resolution under this Section shall, in the first instance, 

be the subject of informal negotiations among the Parties. Such period of informal negotiations 

shall not extend beyond thirty (30) calendar days from the date of the first meeting among the 

Parties’ representatives unless they agree in writing to shorten or extend this period. During the 

informal negotiations period, the Parties may also submit their dispute to a mutually-agreed-upon 

alternative dispute resolution (“ADR”) forum if the Parties agree that the ADR activities can be 

completed within the 30-day informal negotiations period (or such longer period as the Parties 

may agree to in writing). 

86. If the disputing Parties are unable to reach agreement during the informal negotiation 

period, the United States shall provide Nevada Power with a written summary of its position 

regarding the dispute. The written position provided by the United States shall be considered 

binding unless, within forty-five (45) calendar days thereafter, Nevada Power seeks judicial 

resolution of the dispute by filing a petition with this Court. The Plaintiff may respond to the 

petition within forty-five (45) calendar days of filing. 

87. Where the nature of the dispute is such that a more timely resolution of the issue is 

required, the time periods set out in this Section may be shortened upon motion of one of the 

Parties to the dispute. 

88. This Court shall not draw any inferences nor establish any presumptions adverse to 

29
any disputing Party as a result of invocation of this Section or the Parties’ inability to reach 

agreement. 

89. As part of the resolution of any dispute under this Section, in appropriate 

circumstances the Parties may agree, or this Court may order, an extension or modification of the 

schedule for the completion of the activities required under this Consent Decree to account for 

the delay that occurred as a result of dispute resolution. Nevada Power shall be subject to 

stipulated penalties for their failure thereafter to complete the work in accordance with the 

extended or modified schedule, provided that Nevada Power shall not be precluded from 

asserting that a Force Majeure Event has caused or may cause a delay in complying with the 

extended or modified schedule. 

90. The Court shall decide all disputes pursuant to applicable principles of law for 

resolving such disputes. In their initial filings with the Court under Paragraph 86, the Parties 

shall state their respective positions as to the applicable standard of law for resolving the 

particular dispute. 

XIV. PERMITS 

91. Unless expressly stated otherwise in this Consent Decree, in any instance where 

otherwise applicable law or this Consent Decree requires Nevada Power to secure a permit to 

authorize construction or operation of any device, including all preconstruction, construction, 

and operating permits required under Nevada or Clark County law, Nevada Power shall make 

such application in a timely manner. The United States will use its best efforts to expeditiously 

review all permit applications submitted by Nevada Power in order to meet the requirements of 

this Consent Decree. 

92. Notwithstanding the previous Paragraph (Paragraph 91), this Consent Decree itself 

30
shall not be construed to require Nevada Power to apply for or obtain a permit pursuant to the 

New Source Review requirements of Parts C and D of Title I of the Act for work required under 

Section IV (NOx Emission Reductions and Controls) of this Consent Decree. 

93. When permits are required, Nevada Power shall complete and submit applications 

for such permits to the appropriate authorities to allow sufficient time for all legally required 

processing and review of the permit request, including requests for additional information by the 

permitting authorities. Any failure by Nevada Power to submit a timely permit application for 

Units 5, 6, 7, and 8 at Clark Station shall bar any use by Nevada Power of Section XII (Force 

Majeure) of this Consent Decree, where a Force Majeure claim is based on permitting delays. 

94. Notwithstanding the reference to the Title V Permit in this Consent Decree, the 

enforcement of the permit shall be in accordance with its own terms and the Act. The Title V 

Permit shall not be enforceable under this Consent Decree, although any term or limit established 

by or under this Consent Decree shall be enforceable under this Consent Decree regardless of 

whether such term has or will become part of a Title V Permit, subject to the terms of Section 

XXIV (Conditional Termination of Enforcement Under Consent Decree) of this Consent Decree. 

95. Within one-hundred twenty (120) calendar days after entry of this Consent Decree, 

Nevada Power shall amend any applicable Title V Permit application, or apply for amendments 

of its Title V Permit, to include a schedule for all unit-specific and plant-specific performance, 

operational, maintenance, and control technology requirements established by Section IV (NOx 

Emission Reductions and Controls) of this Consent Decree including, but not limited to, NOx 

Emission Rates and NOx Tonnage Limits for One Calendar Year. 

96. Within one (1) year from the commencement of operation of each UNLB or other 

pollution control device to be installed on a Covered Unit under Section IV.B (NOx Emissions 

31
Reductions and Controls) of this Consent Decree, Nevada Power shall apply to include the 

requirements and limitations enumerated in this Paragraph of this Consent Decree in either a 

federally enforceable permit (other than a Title V Permit) or amendments to the Clark County, 

Nevada State Implementation Plan (“SIP”). The permit or SIP amendment shall require 

compliance with the following: (a) the 5 ppm NOx Emission Rates for Units covered under this 

Decree, as specified in Section IV.B.; and (b) the NOx Tonnage Limits for One Calendar Year 

set forth in Section IV.C. of this Consent Decree; and (c) the recordkeeping and reporting 

requirements set forth in Paragraph 35. 

97. Nevada Power shall provide the United States with a copy of each application for a 

federally enforceable permit or SIP amendment, as well as a copy of any permit proposed as a 

result of such application, to allow for timely participation in any public comment opportunity. 

98. If Nevada Power sells or transfers to an entity unrelated to Nevada Power (“Third 

Party Purchaser”) part or all of an ownership interest in a Covered Unit (“Ownership Interest”), 

Nevada Power shall comply with the requirements of Paragraphs 91 through 97 with regard to 

Covered Units prior to any such sale or transfer unless, following any such sale or transfer, 

Nevada Power remains the holder of the permit for such facility. 

XV. INFORMATION COLLECTION AND RETENTION 

99. Any authorized representative of the Plaintiff, including their attorneys, contractors, 

and consultants, upon presentation of credentials, shall have a right of entry upon the premises of 

the Clark Station at any reasonable time for the purpose of: 

a. Monitoring the progress of activities required under this Consent Decree; 

b. Verifying any data or information submitted to the Plaintiff in accordance 

with the terms of this Consent Decree; 

32
c. Obtaining samples and, upon request, splits of any samples taken by 

Nevada Power or its representatives, contractors, or consultants; and 

d. Assessing Nevada Power’s compliance with this Consent Decree. 

100. Nevada Power shall retain, and instruct its contractors and agents to preserve, all 

non-identical copies of all records and documents (including records and documents in electronic 

form) now in their or their contractors’ or agents’ possession or control, and that directly relate to 

Nevada Power’s performance of its obligations under this Consent Decree, until December 31, 

2015. This record retention requirement shall apply regardless of any corporate document 

retention policy to the contrary. 

101. All information and documents submitted by Nevada Power pursuant to this 

Consent Decree shall be subject to public disclosure based on requests under applicable law 

providing for such disclosure unless (a) the information and documents are subject to legal 

privileges or protection or (b) Nevada Power claims and substantiates in accordance with 40 

C.F.R. Part 2 that the information and documents contain confidential business information. 

102. Nothing in this Consent Decree shall limit the authority of the United States to 

conduct tests and inspections at Clark Station under Section 114 of the Act, 42 U.S.C. § 7414, or 

any other applicable federal or state laws, regulations or permits. 

XVI. NOTICES 

103. Unless otherwise provided herein, whenever notifications, submissions, or 

communications are required by this Consent Decree, they shall be made in writing and 

addressed as follows: 

As to the United States of America:

Chief, Environmental Enforcement Section 

33
Environment and Natural Resources Division 

U.S. Department of Justice 

P.O. Box 7611, Ben Franklin Station 

Washington, D.C. 20044-7611 

DOJ# 90-5-2-1-07717 

and 

Director, Air Enforcement Division 

Office of Enforcement and Compliance Assurance 

U.S. Environmental Protection Agency 

Ariel Rios Building [2242A] 

1200 Pennsylvania Avenue, N.W. 

Washington, DC 20460 

and 

U. S. EPA, Region 9 

Director, Air Division (AIR-1) 

U.S. Environmental Protection Agency 

75 Hawthorne Street 

San Francisco, CA 94105

34
As to Nevada Power:

 David Buente 

Samuel Boxerman 

 Sidley Austin LLP 

1501 K Street, NW

 Washington, DC 20005 

William M. Clark 

Generation Executive and Responsible Official 

Nevada Power Company 

6226 West Sahara Avenue 

Las Vegas, NV 89151 

and 

Starla S. Lacy 

Director, Environmental Services 

Nevada Power Company 

6226 West Sahara Avenue 

Las Vegas, NV 89151 

35
104. All notifications, communications or submissions made pursuant to this Section 

shall be sent either by: (a) overnight mail or delivery service; (b) certified or registered mail, 

return receipt requested; or (c) electronic transmission, unless the recipient is not able to review 

the transmission in electronic form; provided, however, that all notifications, communication or 

submissions to EPA Region 9 shall be made by electronic mail (r9.aeo@epa.gov or 

aldred.charles@epa.gov) or on CD, DVD or other media format approved by EPA Region 9. All 

notifications, communications and transmissions (a) sent by overnight, certified or registered 

mail shall be deemed submitted on the date they are postmarked, or (b) sent by overnight 

delivery service shall be deemed submitted on the date they are delivered to the delivery service. 

All notifications, communications, and submissions made by electronic means shall be 

electronically signed and certified, and shall be deemed submitted on the date that Nevada Power 

receives written acknowledgment of receipt of such transmission. 

105. Any Party may change either the notice recipient or the address for providing 

notices to it by serving the other Parties with a notice setting forth such new notice recipient or 

address. 

XVII. SALES OR TRANSFERS OF OWNERSHIP INTERESTS 

106. If Nevada Power proposes to sell or transfer part or all of their ownership interest in 

any of their real property or operations subject to this Consent Decree (“Ownership Interest”) to 

an entity unrelated to Nevada Power (“Third Party Purchaser”), Nevada Power shall advise the 

Third Party Purchaser in writing of the existence of this Consent Decree prior to such sale or 

transfer, and shall send a copy of such written notification to the Plaintiff pursuant to Section 

XVI (Notices) at least sixty (60) calendar days before such proposed sale or transfer. 

107. No sale or transfer of an Ownership Interest shall take place before the Third Party 

36
Purchaser and the United States have executed, and the Court has approved, a modification 

pursuant to Section XX (Modification) of this Consent Decree making the Third Party Purchaser 

a party defendant to this Consent Decree and jointly and severally liable with Nevada Power for 

all the requirements of this Consent Decree that may be applicable to the transferred or 

purchased Ownership Interests, except as provided in Paragraph 109. 

108. This Consent Decree shall not be construed to impede the transfer of any 

Ownership Interests between Nevada Power and any Third Party Purchaser as long the 

requirements of this Consent Decree are met. In addition, this Consent Decree shall not be 

construed to prohibit a contractual allocation–as between Nevada Power and any Third Party 

Purchaser of Ownership Interests–of the burdens of compliance with this Decree, provided that 

both Nevada Power and such Third Party Purchaser shall remain jointly and severally liable to 

Plaintiff for the obligations of the Decree applicable to the transferred or purchased Ownership 

Interests, except as provided in Paragraph 109. 

109. If the United States agrees, the United States, Nevada Power, and the Third Party 

Purchaser that has become a party defendant to this Consent Decree pursuant to Paragraph 107 

may execute a modification that relieves Nevada Power of its liability under this Consent Decree 

for, and makes the Third Party Purchaser liable for, all obligations and liabilities applicable to 

the purchased or transferred Ownership Interests. Notwithstanding the foregoing, however, 

Nevada Power may not assign, and may not be released from, any obligation under this Consent 

Decree that is not specific to the purchased or transferred Ownership Interests, including the 

obligations set forth in Sections VI (Environmental Project) and VII (Civil Penalty). Nevada 

Power may propose and the United States may agree to restrict the scope of joint and several 

liability of any purchaser or transferee for any obligations of this Consent Decree that are not 

37
specific to the purchased or transferred Ownership Interests to the extent such obligations may be 

adequately separated in an enforceable manner. 

XVIII. EFFECTIVE DATE 

110. The effective date of this Consent Decree shall be the date upon which this Consent 

Decree is entered by the Court. 

XIX. RETENTION OF JURISDICTION 

111. Continuing Jurisdiction. The Court shall retain jurisdiction of this case after entry 

of this Consent Decree to enforce compliance with the terms and conditions of this Consent 

Decree and to take any action necessary or appropriate for its interpretation, construction, 

execution, modification, or adjudication of disputes. During the term of this Consent Decree, 

any Party to this Consent Decree may apply to the Court for any relief necessary to construe or 

effectuate this Consent Decree. 

XX. MODIFICATION 

112. The terms of this Consent Decree may be modified only by a subsequent written 

agreement signed by all Parties. Where the modification constitutes a material change to any 

term of this Consent Decree, it shall be effective only upon approval by the Court. 

XXI. GENERAL PROVISIONS 

113. This Consent Decree is not a permit. Compliance with the terms of this Consent 

Decree does not guarantee compliance with all applicable federal, state, or local laws or 

regulations. The NOx Emission Rates set forth herein do not relieve Nevada Power from any 

obligation to comply with other state and federal requirements under the Clean Air Act. 

114. This Consent Decree does not apply to any claim(s) of alleged criminal liability. 

38
115. In any subsequent administrative or judicial action initiated by the United States for 

injunctive relief or civil penalties relating to the Covered Units in this Consent Decree, Nevada 

Power shall not assert any defense or claim based upon principles of waiver, res judicata, 

collateral estoppel, issue preclusion, claim preclusion, or claim splitting, or any other defense 

based upon the contention that the claims raised by the United States in the subsequent 

proceeding were brought, or should have been brought, in the instant case; provided, however, 

that nothing in this Paragraph is intended to, or shall, affect the validity of Section VIII 

(Resolution of Claims) of this Consent Decree. 

116. Except as specifically provided by this Consent Decree, nothing in this Consent 

Decree shall relieve Nevada Power of their obligations to comply with all applicable federal, 

state, and local laws and regulations. Subject to the provisions in Section VIII (Resolution of 

Claims), nothing contained in this Consent Decree shall be construed to prevent or limit the 

rights of the United States to obtain penalties, injunctive relief or other relief under the Act or 

other federal, state, or local statutes, regulations, or permits. 

117. Every term expressly defined by this Consent Decree shall have the meaning given 

to that term by this Consent Decree and, except as otherwise provided in this Consent Decree, 

every other term used in this Consent Decree that is also a term under the Act or the regulations 

implementing the Act shall mean in this Consent Decree what such term means under the Act or 

those implementing regulations. 

118. Nothing in this Consent Decree is intended to, or shall, alter or waive any 

applicable law (including but not limited to any defenses, entitlements, challenges, or 

clarifications related to the Credible Evidence Rule, 62 Fed. Reg. 8315 (Feb. 27, 1997)) 

concerning the use of data for any purpose under the Act, generated either by the reference 

39
methods specified herein or otherwise. 

119. Each limit and/or other requirement established by or under this Consent Decree is 

a separate, independent requirement. 

120. Performance standards, emissions limits, and other quantitative standards set by or 

under this Consent Decree must be met to the number of significant digits in which the standard 

or limit is expressed. For example, an emission rate of 0.100 is not met if the actual emission 

rate is 0.101. Nevada Power shall round the fourth significant digit to the nearest third 

significant digit, or the third significant digit to the nearest second significant digit, depending 

upon whether the limit is expressed to three or two significant digits. For example, if an actual 

emission rate is 0.1004, that shall be reported as 0.100, and shall be in compliance with an 

emission rate of 0.100, and if an actual emission rate is 0.1005, that shall be reported as 0.101, 

and shall not be in compliance with an emission rate of 0.100. Nevada Power shall report data to 

the number of significant digits in which the standard or limit is expressed. 

121. This Consent Decree does not limit, enlarge or affect the rights of any Party to this 

Consent Decree as against any third-parties. 

122. This Consent Decree constitutes the final, complete and exclusive agreement and 

understanding among the Parties with respect to the settlement embodied in this Consent Decree, 

and supersedes all prior agreements and understandings among the Parties related to the subject 

matter herein. No document, representation, inducement, agreement, understanding, or promise 

constitutes any part of this Consent Decree or the settlement it represents, nor shall they be used 

in construing the terms of this Consent Decree. 

123. The United States and Nevada Power shall bear their own costs and attorneys’ fees. 

40
XXII. SIGNATORIES AND SERVICE 

124. Each undersigned representative of the Parties certifies that he or she is fully 

authorized to enter into the terms and conditions of this Consent Decree and to execute and 

legally bind to this document the Party he or she represents. 

125. This Consent Decree may be signed in counterparts, and such counterpart signature 

pages shall be given full force and effect. 

126. Each Party hereby agrees to accept service of process by mail with respect to all 

matters arising under or relating to this Consent Decree and to waive the formal service 

requirements set forth in Rule 4 of the Federal Rules of Civil Procedure and any applicable Local 

Rules of this Court including, but not limited to, service of a summons. 

XXIII. PUBLIC COMMENT 

127. The Parties agree and acknowledge that final approval by the United States and 

entry of this Consent Decree is subject to the procedures of 28 C.F.R. § 50.7, which provides for 

notice of the lodging of this Consent Decree in the Federal Register, an opportunity for public 

comment, and the right of the United States to withdraw or withhold consent if the comments 

disclose facts or considerations which indicate that the Consent Decree is inappropriate, 

improper or inadequate. Nevada Power shall not oppose entry of this Consent Decree by this 

Court or challenge any provision of this Consent Decree unless the United States has notified 

Nevada Power, in writing, that the United States no longer supports entry of the Consent Decree. 

XXIV. CONDITIONAL TERMINATION OF ENFORCEMENT 

UNDER CONSENT DECREE 

128. Termination as to Completed Tasks. As soon as Nevada Power completes a 

construction project or any other requirement of this Consent Decree that is not ongoing or 

41
recurring, Nevada Power may, by motion to this Court, seek termination of the provision or 

provisions of this Consent Decree that imposed the requirement. 

129. Conditional Termination of Enforcement Through the Consent Decree. After 

Nevada Power: 

a. has successfully completed construction, and has maintained operation, of the 

ULNBs (Section IV.B of this Decree) or other pollution controls as required by 

this Consent Decree; 

b. has obtained a revised Title V Permit (i) as required by the terms of this Consent 

Decree; (ii) that cover all Covered Units in this Consent Decree; and (iii) that 

include as enforceable permit terms all of the unit performance and other 

requirements specified in Paragraphs 95 and 96 of Section XIV (Permits) of this 

Consent Decree; and 

c. certified that that the date is later than January 31, 2013; 

then Nevada Power may so certify these facts to the United States and this Court. If the United 

States does not object in writing with specific reasons within forty-five (45) calendar days of 

receipt of the Nevada Power’s certification, then, for any Consent Decree violations that occur 

after the filing of notice, the United States shall pursue enforcement of the requirements 

contained in the Title V Permit through the applicable Title V Permit and not through this 

Consent Decree. 

130. Resort to Enforcement under this Consent Decree. Notwithstanding Paragraph 

129 if enforcement of a provision in this Consent Decree cannot be pursued by the United States 

under the Title V Permit, or if a Consent Decree requirement was intended to be part of a Title V 

Permit and did not become or remain part of such permit, then such requirement may be 

42
enforced under the terms of this Consent Decree at any time, unless and until Nevada Power has 

secured a source specific revision to the Clark County, Nevada State Implementation Plan, as 

provided in Paragraph 96. 

XXV. FINAL JUDGMENT 

131. Upon approval and entry of this Consent Decree by the Court, this Consent Decree 

shall constitute a final judgment in the above-captioned matter between the Parties. 

SO ORDERED, THIS DAY OF , 2007 

UNITED STATES DISTRICT COURT JUDGE

43

FOR THE UNITED STATES OF AMERICA:

GRjjNT A Y. 1'fAKAYAMA 

AsVstant Administrator 

Office of Enforcement and Compliance Assurance 

United States Environmental Protection Agency 

l~lK,L 

Director, Air Enforcement Division 

Office of Enforcement and Compliance Assurance 

United States Environmental Protection Agency 

~ JE FREY A. i. K DISH f,L- £r

Attorney Advisor 

Air Enforcement Division 

Office of Enforcement and Compliance Assurance 

United States Environmental Protection Agency 

45 



Appendix 1 to the Consent Decree in United States v. 

Nevada Power Company (D. Nev.): 

Water Injection Curves

The water injection system required by Section IV.A. of this Consent Decree shall be designed 

and operated to maintain the following water:fuel ratios on the Covered Units specified below as 

a function of gas turbine output at all times, excluding periods of Start-up and Shut-down. 

Gas Turbine Load MINIMUM 

Water:Fuel Ratio* 

Units 5 & 6: < 35.0 MW 0 

Units 7 & 8: < 31.0 MW 0 

Units 7 & 8: 31.0 to 34.9 MW 0.18 : 1 

Units 5-8, 35.0 to 39.9 MW 0.27 : 1 

Units 5-8, 40.0 MW to 44.9 MW 0.27 : 1 

Units 5-8, 45.0 MW to 54.9 MW 0.36 : 1 

Units 5-8, 55.0 MW to 59.9 MW 0.45 : 1 

Units 5-8, 60.0 MW to 69.9 MW 0.54 : 1 

>= 70.0 MW 45 GALLONS PER MINUTE 

* Water:fuel ratio is the ratio of the mass of water to the mass 

of fuel, expressed as pounds per pound, and evaluated on a 

three-hour average basis. 
Appendix 2 to the Consent Decree in United States v. 

Nevada Power Company (D. Nev.): Description of Environmental Project

1. The building where Nevada Power shall fund the installation of solar arrays (the 

“Site”) pursuant to Section VI of this Consent Decree (Environmental Project) shall 

be owned or leased by an entity or person other than Nevada Power or any entity or 

person in which Nevada Power or its parent corporation, subsidiaries or affiliates has 

a financial interest (the “Site Owner”). 

2. The selection of a person or entity who will own or operate the solar arrays, 

including, without limitation, the person or entity who receives any electric power or 

financial benefit from the arrays (“Project Recipient” or “Recipient”), shall be at 

Nevada Power’s sole discretion, and may include the Site Owner, provided that: (a) 

the Recipient is other than Nevada Power or any entity or person in which Nevada 

Power or its parent corporation, subsidiaries or affiliates has a financial interest; (b) 

the Project Recipient is a non-profit; (c) the Site is, or will be, in Las Vegas, Nevada 

at the time of the solar ray installation; and (d) the Recipient agrees to cooperate in 

Nevada Power’s efforts to comply with this Consent Decree, including providing 

information to Nevada Power so that it may be reported to the United States and 

allowing Nevada Power the right to inspect the solar arrays, as specified below. 

3. Nevada Power shall notify the United States of the selection of the Project Recipient 

within sixty (60) days of entry of the Consent Decree. That notification shall include 

a written, signed certification from an authorized official of the Project Recipient 

stating that: (1) Project Dollars will allow the purchase of solar arrays that would not 

have otherwise been installed at the Site, although the solar arrays purchased with 

1
Project Dollars may be in addition to, and/or augment, any existing or planned solar 

arrays at the Site; and (2) the Recipient will seek competitive bids for the design and 

installation of the solar arrays at the Site. 

4. The solar arrays shall be designed to provide electric power to the Site and to provide 

any surplus electric power not needed by the Project Recipient to the local electric 

grid. 

5. The solar arrays shall be installed by no later than December 31, 2008. 

6. Notwithstanding any other provision of this Consent Decree, none of Nevada Power’s 

oversight costs, if any, shall be credited toward the $400,000 in Project Dollars 

required under this Consent Decree. 

7. Upon completion of the Project, the Project Recipient shall have complete and sole 

ownership of the solar arrays and Nevada Power shall have no ownership or property 

interest in the arrays, except that Nevada Power shall inspect, at least once, the solar 

arrays at the Site following their installation. Nevada Power shall describe the results 

of that inspection in the report submitted to the United States pursuant to Paragraph 

52 of Consent Decree, specifically: 1. stating that Nevada Power confirmed the 

installation of the solar arrays; 2. reporting the kilowatt (kW) of electric power 

provided by the solar arrays; and 3. providing any other information necessary to 

demonstrate compliance with this Decree that was learned at the inspection. 

2