Berkshire Power Co. and Power Plant Management Services, Tampering and False Reporting, Massachusetts 2023

Berkshire Power Plant’s Owner and Management Company Agree to Plead to Tampering and False Reporting

Berkshire Power Co. (‘BPC’), the owner of Berkshire Power Plant (‘the Plant’), and Power Plant Management Services (‘PPMS’) the Plant manager, have agreed to plead guilty to felony charges that they violated and conspired to violate the federal Clean Air Act.

The crimes, which took place between 2009 and 2011, involved tampering with air pollution monitoring equipment and submitting false information to both environmental and energy regulators.

Under the terms of the plea agreements, BPC and PPMS agree to pay a total of $4.25 million related to the criminal charges. BPC will pay $2.75 million in criminal fines for the Clean Air Act violations and make a $750,000 community service payment to the American Lung Association to fund a program for the replacement of polluting wood burning stoves in western Massachusetts. PPMS will pay $500,000 in criminal fines for the Clean Air Act and Federal Power Act violations and make a $250,000 community service payment to the American Lung Association’s wood stove change-out program.

United States Attorney Carmen M. Ortiz and Massachusetts Attorney General Maura Healey announced the resolution today following a joint federal and state investigation into allegations that Berkshire Power Plant in Agawam, Massachusetts tampered with its air pollution monitoring equipment and falsely reported data to environmental and energy regulators regarding its emissions levels and its availability to produce power.

This resolution addresses a pattern of behavior by multiple persons and entities in obstructing the enforcement of laws designed to protect the air we breathe, said United States Attorney Carmen Ortiz. The comprehensive resolution, including the first ever criminal charges for false statements to the Federal Energy Regulatory Commission, demonstrates the seriousness with which we take conduct which undermines environmental compliance and the fair regulation of energy markets.

Berkshire Power Co. and Power Plant Management Services are expected to plead guilty to the felony charges in the near future.

In related news, the former operation and maintenance company of Berkshire Power Plant also agreed to pay a state civil penalty.

The resolution in this case is a significant step forward in protecting the environment and upholding the law, said Massachusetts Attorney General Maura Healey. Fraud against the Commonwealth is very serious and will be aggressively prosecuted, criminally and civilly, by this Office, especially when the consequence of the fraud is to expose the public to health and safety risks.

Berkshire Power Co., Crime, Massachusetts 2023

Defendant Name: Berkshire Power Co.

Criminal Charges: Violated and conspired to violate the federal Clean Air Act.

City and State: Boston, Massachusetts

Exact Date: February 2023

Sentence or Outcome: Agreed to plead guilty and pay $4.25 million in fines and community service payments.

Dollar Amounts: $4.25 million total, $2.75 million in criminal fines for BPC, $500,000 in criminal fines for PPMS

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