This excerpt taken from the PEG 10-K filed Mar 1, 2005.
Hudson and Mercer Generation Stations
During 1997 and 1998, approximately 150,000 tons of fly ash generated by the Hudson and Mercer generating stations was taken by an ash marketer, with whom Power then worked, and sold to the owner and operator of a clay mine. The operator of the clay mine used the fly ash as fill material to return the mine site to grade, without obtaining the necessary approvals from the NJDEP. Upon discovery of this use, Power terminated the services of this ash marketer and initiated discussions with the NJDEP for the appropriate regulatory approvals to allow this material to remain at the site. The NJDEP has approved a closure plan for the site that features a clay cap and other engineering controls to ensure that the ash is isolated from the environment. The cost of resolving this matter will depend upon the results of negotiations with the property owner and the ash marketer. Although the precise extent of liability is not currently estimable, it is not expected to be material.