Notice of Lodging of Consent Decree Pursuant to the Clean Water Act

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree Pursuant to the Clean Water

Act

In accordance with Departmental policy, 28 CFR 50.7, notice is

hereby given that a consent decree was lodged in U.S. v. Pacific Gas

and Electric Company, Civil Action No. C97-1969-MHP (N.D. Cal.) on May

27, 1997 with the United States District Court for the Northern

District of California. The case is a civil action under Section 309 of

the Clean Water Act (``Act''), 33 U.S.C. 1319, for violations of

provisions of the Act and of National Pollution Elimination Discharge

System (``NPDES'') permits that required Pacific Gas and Electric

Company (``PG&E'') to demonstrate that the cooling water system at the

Diablo Canyon nuclear power plant employed the best technology

available to minimize adverse environmental impacts.

The United States' complaint alleges that PG&E submitted an

incorrect, incomplete, and misleading report on the environmental

effects of the Diablo Canyon cooling water system and that PG&E also

failed to promptly submit missing information after it discovered that

it had submitted incorrect information in a report. The State of

California has also filed a complaint against PG&E. The State of

California and the United States have entered into a joint consent

decree with PG&E that resolves the allegations of both complaints.

Under the Consent Decree, PG&E will pay the state and federal

governments $14.04 million dollars. That sum includes $7.1 million in

state and federal penalties, $6.19 million in environmental projects,

and $750,000 in State fees and costs. The $6.19 million environmental

enhancement component of the settlement comprises three projects: $3.66

million to be devoted to the Morro Bay State and National Estuary

Program, $2.50 million for the State of California Mussel Watch

Program, and $30,000 for a stream enhancement project. The League for

Coastal Protection, which also filed a law suit against PG&E, assisted

in securing the environmental enhancement components of the proposed

settlement.

The Department of Justice will receive, for a period of thirty (30)

days from the date of this publication, comments relating to the

proposed consent decree. Comments should be addressed to the Assistant

Attorney General for the Environment and Natural Resources Division,

Department of Justice, Washington, DC 20530, and copied to Robert R.

Klotz, Environmental Enforcement Section, U.S. Department of Justice,

301 Howard Street, Suite 870, San Francisco, CA 94105. Comments should

refer to U.S. v. Pacific Gas and Electric Company, DOJ No. 90-5-1-1-

4348.

The proposed PG&E consent decree may be examined at the office of

the United States Attorney, Northern District of California, 450 Golden

Gate Avenue, San Francisco, California 94102; the Region IX Office of

the Environmental Protection Agency, 75 Hawthorne Street, San

Francisco, California 94105; and at the Consent Decree Library, 1120 G

Street, NW., 4th Floor, Washington, DC 20005, (202) 624-0892. A copy of

the proposed consent decree may be obtained in person or by mail from

the Consent Decree Library, 1120 G Street, NW., 4th Floor, Washington,

DC 20005. To request a copy of the consent decree in U.S. v. Pacific

Gas and Electric Company, please refer to that case and DOJ No. 90-5-1-

1-4348 and enclose a check for the amount of $9.75 (25 cents per page

reproduction cost) payable to the Consent Decree Library.

Joel Gross,

Chief, Environmental Enforcement Section, Environment and Natural

Resources Division.

[FR Doc. 97-14704 Filed 6-4-97; 8:45 am]

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