MEMORANDUM IN SUPPORT OF THE GENON DEFENDANTS' AND SITHE ENERGIES' MOTION INLIMINE TO EXCLUDE EVIDENCE AND TESTIMONY REGARDING EMISSIONS CALCULATIONS THAT FAIL TO COMPLY WITH THE APPLICABLE PSD REGULATIONS

摘要

For the foregoing reasons, this Court should grant Defendants' motion in limine and (1) rule that as a matter of law, Plaintiffs' are required to demonstrate a significant net emissions increase of SO_2 and NO_x by determining and comparing historic baseline actual emissions from the unit during a 24-month period before the boiler tube replacement to projected future annual emissions after the boiler tube replacements, (2) exclude all evidence and statements related to Dr. Sahu's "Company Expectation" approach to calculating alleged emissions, and (3) exclude all evidence, calculations, and arguments from Plaintiffs' counsel regarding emissions calculations that do not include baselines or baseline actual emissions and do not compare baseline actual emissions against future projected actual emissions.