[Federal Register Volume 81, Number 150 (Thursday, August 4, 2016)]
[Notices]
[Pages 51488-51489]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-18479]
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DEPARTMENT OF JUSTICE
Notice of Filing of Notice of Settlement Under the Comprehensive
Environmental Response, Compensation, and Liability Act and the
Resource Conservation and Recovery Act
On July 28, 2016, a Notice of Settlement Among EFH Properties
Company and the United States on behalf of the U.S. Environmental
Protection Agency (``EPA'') and the U.S. Department of the Interior
(``DOI'') was filed with the United States Bankruptcy Court for the
District of Delaware in the bankruptcy proceeding entitled In re Energy
Future Holdings Corp., et al., Case No. 14-10979 (CSS). The proposed
Settlement Agreement is attached to the Notice of Settlement as Exhibit
A.
The Settlement Agreement resolves a claim against EFH Properties
Company (``EFH Properties''), as the alleged corporate successor to
former mine operators, asserted by the United States on behalf of the
Environmental Protection Agency under the Comprehensive Environmental
Response, Compensation, and Liability Act, 42 U.S.C. 9601-9675
(``CERCLA''). The claim sought to recover costs incurred and expected
to be incurred in the future by the United States in response to
releases and threats of releases of hazardous substances at or in
connection with the Faith, Hope, Doris, and Isabella Uranium Mine
Sites, located in McKinley County, New Mexico (``New Mexico Sites'').
Under the Settlement Agreement, EPA will receive $4,000,000.00. The
Settlement Agreement contains covenants not to sue by the United States
on behalf of EPA in favor of EFH Properties and its predecessors, Chaco
Energy Company, TXU Industries Company LLC, and EFH Properties Company
LLC (the ``Covenant Beneficiaries''), under Sections 106 and 107 of
CERCLA, 42 U.S.C. 9606, 9607 and Section 7003 of the Resource
Conservation and Recovery Act, 42 U.S.C. 6973, with respect to the EPA
claim or the New Mexico Sites. The Settlement Agreement also contains a
covenant not to sue by the United States on behalf of DOI in favor of
the Covenant Beneficiaries, for natural resources damages claims under
Sections 107 of CERCLA, 42 U.S.C. 9607, with respect to the EPA claim
or the New Mexico Sites.
The publication of this notice opens a period for public comment on
the Settlement Agreement. Comments should be addressed to the Assistant
Attorney General, Environment and Natural Resources Division, and
should refer to In re Energy Future Holdings Corp., et al., Case No.
14-10979 (CSS), D.J. Ref. No. 90-5-2-1-09894/2. All comments must be
submitted no later than fifteen (15) days after the publication date of
this notice. Comments may be submitted either by email or by mail:
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To submit comments: Send them to:
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By e-mail........................... [email protected].
By mail............................. Assistant Attorney General
U.S. DOJ--ENRD
P.O. Box 7611
Washington, DC 20044-7611.
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Under section 7003(d) of RCRA, a commenter may request an
opportunity for a public meeting in the affected area.
During the public comment period, the Settlement Agreement may be
examined and downloaded at this Justice Department Web site: https://www.justice.gov/enrd/consent-decrees. We will provide a paper copy of
the Settlement Agreement upon written
[[Page 51489]]
request and payment of reproduction costs. Please mail your request and
payment to: Consent Decree Library, U.S. DOJ--ENRD, P.O. Box 7611,
Washington, DC 20044-7611.
Please enclose a check or money order for $13.50 (25 cents per page
reproduction cost) payable to the United States Treasury.
Thomas P. Carroll,
Assistant Section Chief, Environmental Enforcement Section, Environment
and Natural Resources Division.
[FR Doc. 2016-18479 Filed 8-3-16; 8:45 am]
BILLING CODE 4410-15-P